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NEW DELHI MUNICIPAL COUNCIL ACT. 1994 (AS PASSED BY THE HOUSES OF PARLIAMENT)

[14th July, 1994]

Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be called the New Delhi Municipal Council Act, 1994.

(2) It extends to New Delhi.

(3) It shall be deemed to have come into force on the 25th day of May, 1994.

Definitions. 2. Definitions. In this Act, unless the context otherwise requires,--

(1) "Administrator" means the Administrator of the National Capital Territory of Delhi; 2

(2) "Appellate Tribunal" means an Appellate Tribunal constituted under section 253;

(3) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Council and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder;

(4) "building" means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter;

(5) "bye-law" means a bye-law made under this Act, by notification in the Official Gazette;

(6) "casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member of the Council;

(7) "Chairperson" means the Chairperson of the Council;

(8) "Corporation" means the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957);

(9) "Council" means the New Delhi Municipal Council established under this Act;

(10) "dangerous disease" means-- (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and (b) any other epidemic, endemic or infectious disease which the Chairperson may, by notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act;

(11) "Delhi" means the entire area of the National Capital Territory of Delhi except New Delhi and Delhi Cantonment as defined in

clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957);

(12) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water;

(13) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;

(14) "factory" means a factory as defined in the Factories Act, 1948 (63 of 1948);

(15) "filth" includes offensive matter and sewage;

(16) "goods" includes animals;

(17) "Government" means the Government of the National Capital Territory of Delhi;

(18) "house-gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom;

(19) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Council may declare to be a hut for the purposes of this Act; 3

(20) "inhabitant", in relation to the municipal area of New Delhi includes any person ordinarily residing or carrying on business or owning or occupying immovable property therein and in case of a dispute, means any person or persons declared by the Chairperson to be an inhabitant;

(21) "land" includes benefits to arise out of land, things attched to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

(22) "licensed engineer" and "licensed plumber" mean respectively a person licensed under the provisions of this Act as an engineer and a plumber;

(23) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person;

(24) "member", in relation to the Council, means a member of the Council and includes the Chairperson;

(25) "municipal market" means a market vested in or managed by the Council;

(26) "municipal water works" means water works vested in the Council;

(27) "New Delhi" means the area within the boundaries described in the First Schedule;

(28) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;

(29) "occupier" includes-- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(30) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage;

(31) "Official Gazette" means the Official Gazette of the National Capital Territory of Delhi; 4

(32) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes-- (a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (31 of 1950); and (b) the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957 (11 of 1957), the General Manager of a railway and the 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 prescribed by rules made under this Act;

(35) "private market" means a market which is not a municipal market;

(36) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners;

(37) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(38) "public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta, Delhi or Madras Municipal Corporation;

(39) "public street" means any street which vests in the Council as a public street or the soil below the surface of which vests in the Council or which under the provisions of this Act becomes, or is declared to be, a public street;

(40) "railway administration" has the meaning assigned to it in the Railways Act, 1989 (24 of 1989);

(41) "rate payer" means a person liable to pay any rate, tax, cess or licence fee under this Act;

(42) "rateable value" means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;

(43) "regulation" means a regulation made by the Council under this Act by notification in the Official Gazette;

(44) "reside",-- (a) a person shall be deemed to "reside" in any dwelling- house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and 5 (b) a person shall not be deemed to cease to "reside" in any such dwelling-house merely becasue he is absent from it or has elsewhere another dwelling-house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;

(45) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth;

(46) "rule" means a rule made by the Central Government under this Act by notification in the Official Gazette;

(47) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be Scheduled Castes under article 341 of the Constitution;

(48) "service passage" or "lane" or "bye-lane" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or electricity cable (underground or over-head) and any electrical and other allied installations or any other civic services by municipal employees or other person employed in the service thereof;

(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, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street;

(56) "water course" includes any river, stream or channel whether natural or artificial;

(57) "water works" includes all lakes, tanks, streams, any river, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery bridges and things, used for, or intended for the purpose of, supplying water;

(58) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on;

(59) "year" means a year commencing on the 1st day of April. 6 CHAP THE COUNCIL CHAPTER II THE COUNCIL Constitution of the Council

Establishment of the Council.

3. Establishment of the Council. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal government of New Delhi, to be known as the New Delhi Municipal Council.

(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.

Composition of the Council.

4. Composition of the Council. (1) The Council shall consist of the following members, namely:-- (a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of Joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi; (b) three members of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area; (c) five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and (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, artists, media persons, sports persons and any other class of persons as may be specified by the Central Government in this behalf.

(2) The Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area, shall be a special invitee for the meetings of the Council but without a right to vote.

(3) Out of the eleven members referred to in sub-section (1), there shall be at least three members who are women and one member belonging to the Scheduled Castes.

(4) The Central Government shall nominate, in consultation with the Chief Minister of Delhi, a Vice-Chairperson from amongst the

members specified in clauses (b) and (d) of sub-section (1).

Duration of the Council.

5. Duration of the Council. (1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) The Council,-- (a) where it is dissolved before the expiry of its duration

under sub-section (1), shall be reconstituted within a period of six months of such dissolution; and (b) where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry. 7

Disqualification for membership of the Council.

6. Disqualification for membership of the Council. (1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.

(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. Members

Oath or affirmation.

7. Oath or affirmation. (1) Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:-- "I, A.B. having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter."

(2) If a person sits or votes as a member before he has complied

with the requirements of sub-section (1), he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.

Vacation of seat.

8. Vacation of seat. (1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant.

(2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government that the seat of such member may be declared vacant. Committees of the Council

Setting-up of committees.

9. Setting-up of committees. (1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Council may refer to them.

(2) Any such committee shall consist of members of the Council only: Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.

(3) Each committee constituted under this section shall be presided by the Chairperson of the Council.

(4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf. 8 CHAP FUNCTIONS OF THE COUNCIL CHAPTER III FUNCTIONS OF THE COUNCIL

General powers of the Council.

10. General powers of the Council. (1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal government of New Delhi shall vest in the Council.

(2) Without prejudice to the generality of the provisions of sub-

section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.

(3) The Council may at any time require the Chairperson-- (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of New Delhi. (c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of New Delhi.

(4) Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Chairperson in pursuance of any such requisition: Provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council.

Obligatory functions of the Council. 11. Obligatory functions of the Council. Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely:-- (a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences; (b) the construction and maintenance of works and means for providing supply of water for public and private purposes; (c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters; (d) the construction or purchase, maintenance, extension, management for-- (i) supply and distribution of electricity to the public; (ii) providing a sufficient supply of pure and wholesome water; (e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose; (g) the registration of births and deaths; (h) public vaccination and inoculation; (i) measures for preventing and checking the spread of dangerous diseases; (j) the establishment and maintenance of hospitals, dispensaries and 9 maternity and child welfare centres and the carrying out of other measures necessary for public medical relief; (k) the construction and maintenance of municipal markets and regulation of all markets; (l) the regulation and abatement of offensive or dangerous trade or practices; (m) the securing or removal of dangerous buildings and places; (n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like; (o) the lighting, watering and cleansing of public streets and other public places; (p) the removal of obstructions and projections in or upon streets, bridges and other public places; (q) the naming and numbering of streets and premises; (r) the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the Central Government from time to time; (s) the maintenance of municipal offices; (t) the laying out or the maintenance of public parks, gardens or recreation grounds; (u) the maintenance of monuments and memorials vested in any local authority in New Delhi immediately before the commencement of this Act or which may be vested in the Council after such commencement; (v) the maintenance and development of the value of all properties vested in or entrusted to the management of the Council; (w) the preparation of plans for economic development and social justice; (x) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of this Act; (y) sanction or refuse erection or re-erection of buildings; and (z) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.

Discretionary functions of the Council. 12. Discretionary functions of the Council. Subject to any general or special order of the Government, or the Central Government from time to time, the Council may provide either wholly or in part for all or any of the following matters, namely:-- (a) the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education; (b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections; (c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games; (d) the planting and care of trees on roadsides and elsewhere; (e) the surveys of buildings and lands; (f) the registration of marriages; (g) the taking of a census of population; (h) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; (i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas; (j) the organisation and management of fairs and exhibitions; 10 (k) the acquisition of movable or immovable property for any of the purpose before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of building necessary for such purposes; (l) the construction and maintenance of-- (i) rest-houses, (ii) poor-houses, (iii) infirmaries, (iv) children's homes, (v) houses for the deaf and dumb and for disabled and handicapped children, (vi) shelters for destitute and disabled persons, (vii) asylums for persons of unsound mind; (m) the construction and maintenance of cattle pounds; (n) the building or purchase and maintenance of dwelling- houses for municipal officers and other municipal employees; (o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles; (p) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; (q) the provision for relief to destitute and disabled person; (r) the establishment and maintenance of veterinary hospitals; (s) the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (t) the organisation and management of farms and dairies within or without New Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of New Delhi; (u) the organisation and management of cottage industries, handicraft centres and sales emporia; (v) the construction and maintenance of warehouses and godowns; (w) the construction and maintenance of garrages, sheds and stands for vehicles and cattle biers; (x) the provision for unfiltered water supply; (y) the improvement of New Delhi in accordance with improvement schemes approved by the Council; (z) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare. CHAP THE CHAIRPERSON CHAPTER IV THE CHAIRPERSON

Appointment, etc., of the Chairperson.

13. Appointment, etc., of the Chairperson. (1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Chairperson of the Council in accordance with

clause (a) of sub-section (1) of section 4.

(2) The Chairperson so appointed shall hold office for a term of five years in the first instance: Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time: Provided further that where the Chairperson holds a lien on any service under the Central Government or the Government, 11 the Central Government may at any time after reasonable notice to the Council replace his services at the disposal of the concerned Government.

(3) The Central Government may remove the Chairperson from office at any time if it appears to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient.

(4) The Chairperson shall not undertake any work unconnected with his office without the sanction of the Central Government and of the Council.

Leave of absence of Chaiperson.

14. Leave of absence of Chaiperson. (1) Leave may be granted to the Chairperson by the Administrator.

(2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place.

Appointment of officiating Chairperson in case of death, resignationor removal of Chairperson. 15. Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson. If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section 13.

Salary and allowances of the Chairperson and members.

16. Salary and allowances of the Chairperson and members. (1) The Chairperson shall be paid out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government: Provided that the salary of the Chairperson shall not be varied to his disadvantage after his appointment.

(2) The members shall be entitled to receive allowances for attendance at meeting of Council and of any of its committees at such rates as may be determined by rules made in this behalf.

Service regulations of members. 17. Service regulations of members. If a member is an officer in the service of the Government or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be. 12

Functions of the Chairperson. 18. Functions of the Chairperson. Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also-- (a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force; (b) prescribe the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service; (c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Council, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Council and the Administrator of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget-grant; and (d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.

Chairperson not to be interested in any contract, etc., with theCouncil. 19. Chairperson not to be interested in any contract, etc., with

the Council. (1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson.

(2) If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest

in any such contract or work as is referred to in sub-section (1), he shall, unless the Central Government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act: Provided that before an order of removal is made the Chairperson shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

Exercise of powers to be subject to sanction. 20. Exercise of powers to be subject to sanction. Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely:-- (a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and (b) that if the exercise of such powers or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Council. 13 CHAP PROCEDURE CHAPTER V PROCEDURE Transaction of business by the Council

Meetings.

21. Meetings. (1) The Council shall ordinarily hold at least one meeting in every month for the transaction of business.

(2) The Chairperson and in his absence the Vice Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Council.

(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.

First meeting of the Council. 22. First meeting of the Council. The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator.

Notice of meetings and business. 23. Notice of meetings and business. A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given: Provided that any member may send 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 all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit.

Quorum.

24. Quorum. (1) The quorum necessary for the transaction of business at a meeting of the Council shall be prescribed by the Central Government.

(2) If at any time during a meeting of the Council, there is no quorum, it shall be the duty of the Chairperson or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.

(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.

Presiding Officer.

25. Presiding Officer. (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 meeting shall have and exercise a second or a casting vote in all cases of equality of votes.

Method of deciding questions.

26. Method of deciding questions. (1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting.

(2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.

Members not to vote on matter in which they are interested. 27. Members not to vote on matter in which they are interested. No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.

Right to attend meetings of Council and its committees, etc., andright of members and to ask questions in relation to the municipalgovernment of New Delhi. 28. Right to attend meetings of Council and its committees, etc., and right of members and to ask questions in relation to the municipal

government of New Delhi. (1) Any municipal officer authorised by the Chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Council or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting. 14

(2) A member may, subject to the provisions of sub-section (3), ask the Chairperson questions on any matter relating to the municipal government of New Delhi or the administration of this Act in any meeting of the Council.

(3) The right to ask a question shall be governed by the following conditions, namely:-- (a) not less than seven clear days' notice in writing specifying the question shall be given to the Secretary; (b) no question shall-- (i) bring in any name or statement not strictly necessary to make the question intelligible, (ii) contain argument, ironical expressions, imputations, epithets or defamatory statements, (iii) ask for an expression of opinion or the solution of a hypothetical proposition, (iv) ask as to the character or conduct of any person except in his official or public capacity, (v) relate to a matter which is not primarily the concern of the Council, (vi) make or imply a charge of a personal character, (vii) raise questions of policy too large to be dealt with within the limits of an answer to a question, (viii) repeat in substance questions already answered or to which an answer has been refused, (ix) ask for information on trivial matters, (x) ordinarily ask for information on matters of past history, (xi) ask for information set forth in accessible documents or in ordinary works of reference, (xii) raise matters under the control of bodies or persons not primarily responsible to the Council, (xiii) ask for any information on matter which is under adjudication by a court of law.

(4) The Chairperson shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the Chairperson it cannot be answered without prejudice to public interest of the Council.

(5) The Council may make regulations for the transaction of business at its meetings: Provided that the time, place and procedure for the first meeting after the constitution of the Council under section 4 shall be determined by the Administrator.

Keeping minutes proceedings. 29. Keeping minutes proceedings. Minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the Council, and every other committee constituted

under sub-section (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuring meeting of the Council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof. 15

Circulation of minutes and inspection of minutes and reports ofproceedings. 30. Circulation of minutes and inspection of minutes and reports

of proceedings. (1) Minutes of the proceedings of each meeting of the Council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person on payment of a fee of two rupees.

(2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees.

Forwarding minutes and reports of proceedings to the Administrator. 31. Forwarding minutes and reports of proceedings to the

Administrator. (1) The Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29.

(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a copy of such paper or papers.

(3) The Secretary shall also forward to the Administrator as soon

as may be after the date referred to in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be prepared. Validation

Validation of proceedings, etc.

32. Validation of proceedings, etc. (1) No act done or proceedings taken under this Act shall be questioned on the ground merely of-- (a) the seat of any member remaining unfilled from any cause whatsoever; (b) the existence of any vacancy in, or any defect in the constitution of, the Council or in any committee thereof; (c) any member having voted or taken part in any proceedings in contravention of section 27; (d) any defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities. CHAP MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES CHAPTER VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES

Appointment of certain officers.

33. Appointment of certain officers. (1) The Council shall appoint suitable persons to be the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Council: Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.

(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.

Schedule of permanent posts and creation of temporary posts. 34. Schedule of permanent posts and creation of temporary posts.

(1) The Chairperson shall from time to time prepare and lay before the Council a Schedule of category `A' and category `B' posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. 16

(2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.

(3) The Chairperson may create any category `B', or category `C', or Category `D' post and for a period not exceeding six months any category `A' post: Provided that no such 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 scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group `A' post under the Central Government in accordance with the orders issued by that Government from time to time; (ii) "category `B' post" means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group `B' post under the Central Government in accordance with the orders issued by that Government from time to time; (iii) "category `C' posts" means any post, which having regard to its scale of pay or emoluments would, if such post had been in the Central Government, be classified as a Group `C' post under the Central Government, in accordance with the orders issued by that Government from time to time; (iv) "category `D' posts" means any post, other than a category `A' or category `B' or category `C' post.

Restriction on employment of permanent officers and other employees. 35. Restriction on employment of permanent officers and other employees. No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been

appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.

Power to make appointments.

36. Power to make appointments. (1) Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent,-- (a) to category `A', category `B' and category `C' posts, shall vest in the Chairperson; and (b) to category `D' posts shall vest in the Secretary.

(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.

Officers and other employees not to undertake any extraneous work. 37. Officers and other employees not to undertake any extraneous work. No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson. 17

Officers and other employees not to be interested in any contract,etc., with the Council. 38. Officers and other employees not to be interested in any

contract, etc., with the Council. (1) A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Council other than as such officer or employee.

(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-

section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority: Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Punishment for municipal officers and other employees.

39. Punishment for municipal officers and other employees. (1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation: Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed: Provided further that the Council may 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 (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. Provided that this sub-section shall not apply-- (a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or (b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.

(3) If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of

showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.

(4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations: Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator.

Consultation with the Union Public Service Commission. 40. Consultation with the Union Public Service Commission. No appointment to any category A post within the meaning of clause (i) of

sub-section (4) of section 34 shall be made except after consultation with the Commission: 18 Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment-- (a) to any acting or temporary post for a period not exceeding one year; or (b) to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or (c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post; (d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or (e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission.

Power of Commission to make regulations and reference to the CentralGovernment in case of difference between the Commission and theCouncil. 41. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and

the Council. (1) The Commission may make regulations for the following matters, namely:-- (a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview; (b) the procedure to be followed by the Commission for selecting candidates for appointment and by the Council for consultation with the Commission; (c) any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission.

(2) In the case of any difference of opinion between the Commission and the Council on any matter, the Council shall refer the matter to the Central Government and the decision of that Government thereon shall be final.

Recruitment to category B and category C posts. 42. Recruitment to category B and category C posts. The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it.

Power of Council to make regulations.

43. Power of Council to make regualtions. (1) The Council may make regulations to provide for any one or more of the following matters, namely:-- (a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this Chapter; (b) the powers, duties and functions of Secretary; (c) the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the

Schedule of posts referred to in sub-section (1) of section 34 and the manner of selection for appointments to such posts; 19 (d) the procedure to be followed in imposing any penalty

under sub-section (1) of section 39, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered; the officer

or authority to whom an appeal shall lie under sub-section (4) of that section; (e) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Council and any other matter for which in the opinion of the Council provisions should be made by regulations.

(2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the Commission. CHAP REVENUE AND EXPENDITURE CHAPTER VII REVENUE AND EXPENDITURE The New Delhi Municipal Fund

Constitution of the New Delhi Municipal Fund.

44. Constitution of the New Delhi Municipal Fund. (1) Save as otherwise provided in this Act-- (a) all funds which immediately before the establishment of the Council vested in the New Delhi Municipal Committee; (b) all moneys received by or on behalf of the Council under the provisions of this Act or of any other law for the time being in force, or under any contract; (c) all proceeds of the disposal of property by, or on behalf of, the Council; (d) all rents accruing from any property of the Council; (e) all moneys raised by any tax, rate or cess levied for the purposes of this Act; (f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law made thereunder; (g) all moneys received by or on behalf of the Council from the Government or Central Government or any individual or association of individuals by way of grant or gift or deposit; (h) all interests and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Council, including loans advanced under this Act; and (i) all moneys received by or on behalf of the Council from any other source whatsoever, shall form one Fund to be entitled "the Municipal Fund of New Delhi" (hereafter in this Act referred to as "the New Delhi Municipal Fund").

(2) The New Delhi Municipal Fund shall be held by the Council in trust for the purposes of this Act subject to the provisions herein contained and a General Account relating to all moneys received by or on behalf of the Council shall be maintained. 20

New Delhi Municipal Fund to be kept in the State Bank of India. 45. New Delhi Municipal Fund to be kept in the State Bank of India. All moneys payable to the credit of the New Delhi Municipal Fund in the General Account shall be received by the Chairperson and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled "The General Account of the New Delhi Municipal Fund".

Operation of the Accounts.

46. Operation of the Accounts. (1) Save as otherwise provided in this Act no payment shall be made by the State Bank of India out of the New Delhi Municipal Fund except on a cheque signed by both-- (a) the Financial Adviser or an officer subordinate to him authorised by the Chairperson in this behalf; and (b) the Chairperson or the Secretary or an officer subordinate to the Chairperson authorised by him in this behalf.

(2) Payment of any sum due by the Council in excess of five hundred rupees shall be made by means of a cheque signed in accordance

with sub-section (1) and not in any other way.

(3) Payments not covered by sub-section (2) may be made in cash.

Payments not to be made unless covered by a budget-grant. 47. Payments not to be made unless covered by a budget-grant. No payment of any sum out of the New Delhi Municipal Fund shall be made unless the expenditure of the same is covered by a current budget- grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act: Provided that this section shall not apply to payments made in the following classes of cases, namely:-- (a) refund of taxes and other moneys which are authorised under this Act; (b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the New Delhi Municipal Fund by mistake; (c) sums payable in any of the following circumstances-- (i) under orders of the Central Government on failure of the Council to take any action as required by that Government; or (ii) under any other enactment for the time being in force; or (iii) under the decree or order of a civil or criminal court passed against the Council; or (iv) under a compromise of any claim, suit or other legal proceedings; or (v) on account of cost incurred in taking immediate action by the Chairperson under clause (c) of section 18 to avert a sudden threat of danger to the property of the Council or to human life; (d) temporary payments for works urgently required by the Central Government in the public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder; (f) expenses incurred under section 287 by the Chairperson on special measures taken on the outbreak of dangerous diseases.

Duty of persons signing cheques. 48. Duty of persons signing cheques. Before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either-- (a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget-grant, or (b) required for any payment referred to or specified in section 47. 21

Procedure when money not covered by a budgetgrant is expended. 49. Procedure when money not covered by a budgetgrant is expended. Whenever any sum is expended under clauses (c) (e) or (f) of the proviso to section 47, the Chairperson shall forthwith communicate the circumstances to the Council, which may take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.

Application of New Delhi Municipal Fund.

50. Application of New Delhi Municipal Fund. (1) The moneys from time to time credited to the New Delhi Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.

(2) Such moneys shall likewise be applied in payment of all sums payable out of the New Delhi Municipal Fund under any other enactment for the time being in force.

Temporary payments from the New Delhi Municipal Fund for worksurgently required for the public service. 51. Temporary payments from the New Delhi Municipal Fund for

works urgently required for the public service. (1) On the written requisition of a Secretary to the Central Government, the Chairperson may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the New Delhi Municipal Fund so far as the same can be met without unduly interfering with the regular work of the Council.

(2) The cost of work so executed and of the establishment engaged in executing the same shall be paid by the Central Government and credited to the New Delhi Municipal Fund.

(3) On the receipt of any requisition under sub-section (1) the Chairperson shall forthwith forward a copy thereof to the Council together with a report of the steps taken by him in pursuance of the same.

Investment of surplus moneys.

52. Investment of surplus moneys. (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 50 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.

Constitution of Finance Commission.

53. Constitution of Finance Commission. (1) After the commencement of this Act the Finance Commission referred to in sub-

section (1) of section 107A of the Delhi Municipal Corporation Act, 1957 (66 of 1957) shall review the financial position of the Council and make recommendations to the Administrator as to,-- (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 Delhi 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; 22 (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 the Commission under this section together within an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of the National Capital Territory of Delhi. Special Funds

Constitution of special funds.

54. Constitution of special funds. (1) The Council shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.

(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations. Budget estimates

Adoption of budget estimates.

55. Adoption of budget estimates. (1) The Council shall, on or before the 31st day of March of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of the Council to be received and incurred on account of the municipal government of New Delhi.

(2) On or before the 15th day of February of each year the Council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Act 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.

Power of Council to alter budget estimates.

56. Power of Council to alter budget estimates. (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 Act and in making any increase or any additional budget-grant, the 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. 23

(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 estimates 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) The Chairperson may from time to time during the year sanction the transfer of any amount not exceeding ten thousand rupees within a minor head if such transfer does not involve a recurring liability: Provided that every such transfer if it exceeds ten thousand rupees shall be reported forthwith by the Chairperson to the Council and the Chairperson shall give effect to any order that may be passed by the Council in relation thereto.

Power of Council to re-adjust income and expenditure during the year. 57. Power of Council to re-adjust income and expenditure during

the year. (1) If at any time during the year it appears to the Council that, notwithstanding any reduction of budget grant that has been made under section 56 the income of the New Delhi Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to sub-

section (1) of section 56, then, it shall be incumbent on the Council to sanction forthwith any measures which it may consider necessary for adjusting the year's income to the expenditure.

(2) For the purposes of sub-section (1), the Council may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this Act, or have recourse to supplementary taxation under section 97 or to an increase of the rates of cesses, fees, fares and other charges leviable under this Act, or to adopt all or any of these methods.

(3) If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Chairperson may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object. ACCOUNTS AND AUDIT Scrutiny and audit of accounts

Accounts to be kept. 58. Account to be kept. These shall be kept in such manner and in such form as may be prescribed by regulations the General Account of all receipts and expenditures of the Council. 24

Audit

59. Audit (1) The Chief Auditor shall conduct a monthly examination and audit of the accounts of the Council and shall report thereon to the Chairperson, who shall publish monthly an abstract of the receipts and expenditure of the month last proceeding signed by him and by the Chief Auditor.

(2) The Chairperson may also, from time to time and for such period, as he may think fit, conduct independently any examination and audit of the accounts of the Council.

(3) For the purpose of examination and audit of the accounts of the Council, the Chief Auditor shall have access to all the accounts of the Council and to all records and correspondence relating thereto.

(4) The Chief Auditor shall audit the accounts of the Council with the assistance of the officers and other employees subordinate to him.

(5) In the discharge of his functions under this section the Chief Auditor shall,-- (a) audit the accounts of expenditure from the revenue of the Council, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as have been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it; (b) audit the accounts of debts, deposits, sinking funds, advances, suspense and remittance transactions of the Council and report upon those accounts and upon the results of verification of the balance relating thereto.

(6) The Chief Auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the Council including the trading, manufacturing and profit and loss accounts, and the balance-sheets where such accounts are maintained under the orders of the Council and shall certify and report upon these accounts.

(7) The Chief Auditor shall in consultation with the Chairperson and subject to any directions given by the Council determine 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 of the Council to provide any information necessary for the preparation of these reports.

(8) 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. 25

(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.

(10) The power of the Chief Auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to expenditure from the revenues of the Council shall be such as may be prescribed by the Chairperson in Consultation with Chief Auditor, and with the approval of the Council.

(11) If the Chief Auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate he may require that those accounts, together with all books and documents having relation there to, shall at all convenient times be made available in the said offices for inspection.

(12) The Chief Auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him: Provided that if the documents are confidential, he shall be responsible for preventing disclosure of their contents.

(13) The Chief Auditor shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly, in respect of the method and the extent of audit to be applied and the raising and pursuing the objections.

(14) Expenditure sanctioned by the Chief Auditor shall be audited by an officer to be nominated by the Council.

(15) The Chief Auditor shall report to the Chairperson any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Council or in the accounts of the Council.

(16) The Chairperson shall cause to be laid before the Council every report made by the Chief Auditor to the Chairperson and every statement of the views of the Chief Auditor on any matter affecting the exercise and performance of the powers and duties assigned to him under this Act and the Council may take such action in regard to any of the matters as aforesaid as the Council may deem necessary.

(17) As soon as may be after the commencement of each year, the Chief Auditor shall deliver to the Council a report of the entire accounts of the Council for the previous year.

(18) The Chairperson shall cause the said report to be printed and shall forward as soon as may be printed copy thereof to each member of the Council. 26

(19) The Chairperson shall also forward without delay to the Government so many copies of the said report, as may be required by the Government with a brief statement of the action taken or proposed to be taken if any: Provided that the Government may at any time appoint auditor for the purpose of making a special audit of the General Account of the New Delhi Municipal Fund and reporting thereon to the Government and the costs of such audit, as determined by the Government, shall be chargeable to the New Delhi Municipal Fund. The auditor so appointed may exercise any power which the Chief Auditor may exercise. CHAP TAXATION CHAPTER VIII TAXATION Levy of taxes

Taxes to be imposed by the Council under this Act.

60. Taxes to be imposed by the Council under this Act. (1) The Council shall for the purposes of this Act, levy the following taxes, namely:-- (a) property tax; (b) a tax on vehicles and animals; (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 (f) 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 Act; 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 (1) and sub-section (2) shall be levied, 27 assessed and collected in accordance with the provisions of this Act and the bye-laws made thereunder. Property tax

Rates of property tax.

61. Rates of property tax. (1) Save as otherwise provided in this Act, the property tax shall be levied on lands and buildings in New Delhi and shall consist of not less than ten and not more than thirty per cent. of the rateable value of lands and buildings: Provided that the Council may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding one-half of the rate so fixed: Provided further that the tax may be levied on graduated scale, if the Council so determines. Explanation.--Where any portion of a land or building is liable to a higher rate of the tax such portion shall be deemed to be a separate property for the purpose of municipal taxation.

(2) The Council may exempt from the tax lands and buildings of which the rateable value does not exceed one thousand rupees.

Premises in respect of which property tax is to be levied. 62. Premises in respect of which property tax is to be levied.

(1) Save as otherwise provided in this Act, the property tax shall be levied in respect of all lands and buildings in New Delhi except-- (a) lands and buildings or portions 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, education and medical relief but does not include a purpose which relates exclusively to religious teaching; (b) lands and buildings vested in the Council, in respect of which the said tax, if levied, would under the provisions of this Act 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 deemed to be exclusively occupied and used for public worship or for a

charitable purpose within the meaning of clause (a) of sub-section (1) if any trade or business is carried on in such lands and buildings or portions thereof or if in respect of such lands and buildings or portions thereof, any rent is derived.

(3) Where any portion of any land or building is exempt from the property tax by reason of its being exclusively occupied and used for public worship or for a charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation. 28

Determination of rateable value of lands and buildings assessable toproperty tax. 63. Determination of rateable value of lands and buildings

assessable to property tax. (1) The rateable value of any lands or building assessable to any property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year to year less a sum equal to ten per cent. of the said annual rent which shall be in lieu of all allowances for costs of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to command that rent: Provided that in respect of any land or building the standard rent of which has been fixed under the Delhi Rent Control Act, 1958 (59 of 1958) the rateable value thereof shall not exceed the annual amount of the standard rent so fixed.

(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 per cent. 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 to 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 for supply of water.

64. Charge for supply of water. (1) A charge shall be levied for the water supplied to any land or building by measurement at such rate as shall from time to time be prescribed by the Council in this behalf.

(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 inconsistent with this Act or with any bye-law made thereunder.

(3) Any sum payable by a person, who is charged for water supplied, and not paid when it becomes due shall be recoverable as an arrear of tax under this Act.

(4) In prescribing charges for water supplied by measurement

under sub-section (1), it shall be lawful for the Council to prescribe different rates in respect of different classes of lands and buildings.

Taxation of Union properties.

65. Taxation of Union properties. (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the property tax specified in section 61: Provided that nothing in this sub-section shall prevent the Council from levying property tax on such lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as liable, so long as that tax continues to be levied by the Council on other lands and buildings. 29

(2) Where the possession of any land or building, being property of the Union, has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) to a displaced person, or any association of displaced persons, whether incorporated or not, or to any other person [hereafter in this

sub-section and the proviso to sub-section (1) of section 66 referred to as the transferee], the property tax specified in section 61 shall be leviable and shall be deemed to have been leviable in respect of such land or building with effect from the 7th day of April, 1958 or the date on which possession thereof has been delivered to the transferee, whichever is later, and such property tax shall, notwithstanding anything contained in any other provision of this Act, be recoverable with effect from that day or date, as the case may be.

Incidence of property tax.

66. Incidence of property tax. (1) The property tax shall be primarily leviable as follows:-- (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 let the same vests: Provided that the property tax in respect of land and building, being property of the Union, possession of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 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. Explanation.--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 or any instalment thereof payable during the period of such ownership shall be joint and several.

Apportionment of liability for property tax when the premises are letor sub-let. 67. Apportionment of liability for property tax when the premises

are let or sub-let. (1) If any land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property tax levied upon him and the amount which would be leviable upon him if the said tax was calculated on the amount of rent payable to him.

(2) If the land or building is sub-let and its rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding under the sub-tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from such tenant or sub-tenant and the amount of property tax which would be liable in respect of the said land or building if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives and the amount of rent which he pays.

(3) Any person entitled to receive any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same. 30

Recovery of property tax from occupiers.

68. Recovery of property tax from occupiers. (1) On the failure to recover any sum due on account of property tax in respect of any land or building from the person primarily liable therefor under section 66, the Chairperson shall recover from every occupier of such land or building by attachment, in accordance with section 108 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.

(2) An occupier from whom any sum is recovered under sub-section

(1) shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due from him to such person.

Property tax a first charge on premises on which it is assessed. 69. Property tax a first charge on premises on which it is assessed. Property tax due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Council or Government or Central Government thereon, be a first charge-- (a) in the case of any land or building held immediately from the Council or Government or Central Government, upon the interest in such land or building of the person liable for such tax and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person; and (b) in the case of any other land or building, upon such land or building and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to the person liable for such tax. Explanation.--The term "property tax" in this section shall be deemed to include the costs on recovery of property tax and the penalty, if any, payable as specified in the bye-laws.

Assessment list.

70. Assessment list. (1) Save as otherwise provided in this Act, the Council shall cause an assessment list of all lands and buildings in New Delhi to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.

(2) When the assessment list has been prepared the Chairperson shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.

(3) The Chairperson shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable values of lands and buildings entered in the assessment list; and in all cases in which any land or building is for the first time assessed, or the rateable value of any land or building is increased, he shall also give written notice thereof to the 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 the assessment list shall be made in writing to the Chairperson before the date fixed in the notice and shall state in what respect the rateable value, or other matter is disputed, and all objections so made shall be recorded in a register to be kept for the purpose.

(5) The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person 31 or by authorised agent, by the Chairperson or by any officer of the Council authorised in this behalf by the Chairperson.

(6) When all objections have been disposed of, and the revision of the rateable value has been completed, the assessment list shall be authenticated by signature of the Chairperson or, as the case may be, the officer authorised by him in this behalf, who shall certify that except in the case, if any in which amendments have been made as shown therein, no valid objection has been made to the rateable value or any other matter entered in said list.

(7) The assessment list so authenticated shall be deposited in the office of the Council and shall be open, free of charge during office hours to all owners, lessees and occupiers of lands and buildings comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

Evidential value of assessment list. 71. Evidential value of assessment list. Subject to such alterations as may thereafter be made in the assessment list under section 72 and to the result of any appeal made under the provisions of this Act, the entries in the assessment list authenticated and deposited as provided in section 70 shall be accepted as conclusive evidence for the purpose of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries respectively relate.

Amendment of assessment list.

72. Amendment of assessment list. (1) 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 for the payment of property tax; or (d) by incresing 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, mistake or accident; or (g) by inserting or altering an entry in respect of any building erected, re-erected, altered or added to, after the preparation of the assessment list: Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the notice under

sub-section (2) is given.

(2) Before making any amendment under sub-section (1) the Chairperson shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objection which may be made by such person. 32

Preparation of new assessment list. 73. Preparation of new assessment list. It shall be in the discretion of the Chairperson to prepare for the whole or any part of New Delhi, a new assessment list every year or to adopt the rateable value contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable value for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable value as if a new assessment list had been prepared.

Notice of transfers.

74. Notice of transfers. (1) Whenever the title of any person primarily liable for the payment of property tax on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Chairperson.

(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Chairperson within six months from the date of the death of the deceased.

(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the Chairperson any document evidencing the transfer or devolution.

(4) Every person who makes a transfer as aforesaid without giving such notice to the Chairperson shall, in addition to any penalty to which he may be subjected under the provisions of this Act, continue to be liable for the payment of property tax from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the Chairperson's book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax.

(5) The Chairperson shall record every transfer or devolution of title notified 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-registrar of New Delhi appointed under the Registration Act, 1908, (16 of 1908) shall furnish such particulars regarding the registration of instruments of transfer of immovable properties in New Delhi, as the Chairperson may from time to time require.

(7) Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected or, if the Chairperson so requests, by periodical returns at such intervals as the Chairperson may fix.

Notice of erection of building, etc. 75. Notice of erection of building, etc. When any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property tax assessed on the building shall give notice thereof in writing to the Chairperson within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or re-occupation; and property tax shall be assessable on the building from the said date.

Notice of demolition or removal of buildings. 76. Notice of demolition or removal of buildings. When any building or any portion of a building, which is liable to the payment of property tax is demolished or removed, otherwise than by order of the Chairperson, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Chairperson.

(2) Until such notice is given, the person aforesaid shall continue to be liable to the payment of such property tax as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed. 33

Power of Chairperson to call for information and returns and to enterand inspect premises. 77. Power of Chairperson to call for information and returns and

to enter and inspect premises. (1) To enable him to determine the rateable value of any land or building and the person primarily liable for the payment of property tax leviable in respect thereof, the Chairperson may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Chairperson fixes in this behalf, with information or with a written return signed by such owner or occupier- (a) as to the name and place of residence of the owner or occupier, or of both the owner and occupier of such land or buildings; (b) as to the measurements or dimensions of such land or building or of any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and (c) as to the actual cost or other specified details connected with the determination of the value of such land or building.

(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief.

(3) Whoever omits to comply with any such requisition or fails to give true information or to make a true return to the best of his knowledge or belief, shall, in 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.

Premises owned by, or let to two or more persons in severalty to beordinarily assessed as one property. 78. Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property. Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Chairperson shall for the purpose of assessing such land or building to property tax treat the whole of it as one property: Provided that the Chairperson may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severalty, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to property tax accordingly.

Assessment in case of amalgamation of premises. 79. Assessment in case of amalgamation of premises. If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Chairperson shall on such amalgamation assign to them one or more number and assess them to property tax accordingly: Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises. 34

Power of Chairperson to assess separately outhouses and portions ofbuildings. 80. Power of Chairperson to assess separately outhouses and portions of buildings. The Chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.

Power of Chairperson to employ valuers.

81. Power of Chairperson to employ valuers. (1) The Chairperson may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Chairperson, to enter on, survey and value any land or building which the Chairperson may direct him to survey and value.

(2) No person shall willfully delay or obstruct any such person in the exercise of any of his powers under this section. Tax on vehicles and animals

Tax on certain vehicles and animals and rates thereof. 82. Tax on certain vehicles and animals and rates thereof. Save as otherwise provided in this Act, a tax at the rates not exceeding those specified in the Second Schedule shall be levied on vehicles and animals of the descriptions specified in that Schedule which are kept within New Delhi.

The tax on whom leviable. 83. The tax on whom leviable. The tax on vehicles or animals shall be leviable upon the owner of or the person having possession or control of, such vehicles or animals 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 animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person: Provided further that the tax under this section shall not be levied 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 of 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 use 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 thereof for such milking 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 owners or persons constituting a family, the tax under this section shall be levied in respect of all such cows or all such she- buffaloes; (ii) where a cow and also a she-buffalo are kept by the owner or the person having the possession or control thereof or by several such owners or persons constituting a family, the tax under this section shall be levied in respect of the cow and the she-buffalo. 35

Tax when payable. 84. Tax when payable. The tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

Power of Chairperson to compound with livery stable keeper, etc., fortax. 85. Power of Chairperson to compound with livery stable keeper, etc., for tax The Chairperson may with the approval of the Council, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 82 which such livery stable keeper or other person would otherwise person would otherwise be liable to pay. Theatre-tax

Theatre-tax. 86. Theatre-tax. Save as otherwise provided in this Act, there shall be levied a tax (referred to in this Act as theatre-tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the Third Schedule as the Council may determine: Provided that the theatre-tax shall not be levied in respect of any performance 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.

Liability to pay theatre-tax. 87. Liability to pay theatre-tax. Every proprietor, manager, or person-in-charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre-tax and shall 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 shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period. Tax on advertisements other than advertisements published in the newspapers

Tax on advertisements.

88. Tax on advertisements. (1) 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 advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates 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 Parliament or the Legislative Assembly of Delhi; or (b) is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building; or (c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same; or 36 (d) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or (e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or (f) relates to any activity of the Central Government or the Government or the Council.

(2) The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-law made in this behalf. Explanation 1.--The word "structure" in this section includes any movable board on wheels used as an advertisement or an advertisement medium. Explanation 2.--The word "advertisement" in relation to a tax on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction.

Prohibition of advertisements without written permission of theChairperson. 89. Prohibition of advertisements without written permission of

the Chairperson. (1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within New Delhi without the written permission of the Chairperson granted in accordance with bye-laws made under this Act.

(2) The Chairperson shall not grant such permission if-- (a) the advertisement contravenes any bye-law made under this Act; 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 advertisement liable to the advertisement tax, the Chairperson shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

Permission of the Chairperson to become void in certain cases. 90. Permission of the Chairperson to become void in certain cases. 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 Act; (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, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and (e) if the building, wall, hoarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed. 37

Presumption in case of contravention. 91. Presumption in case of contravention. Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

Power of Chairperson in case of contravention. 92. Power of Chairperson in case of contravention. If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 89, the Chairperson may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened. Duty on transfer of property

Duty on transfer of property and method of assessment thereto. 93. Duty on transfer of property and method of assessment

thereto. (1) Save as otherwise provided in this Act, 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 contained.

(2) The said duty shall be levied-- (a) in the form of a surcharge on the duty imposed by the Stamp Act, 1899 (2 of 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 per cent on the amount specified below against such instruments: ---------------------------------------------------------------------- Description of instrument Amount on which duty should be levied ---------------------------------------------------------------------- (i) Sale of immovable property. The amount of value of the con- sideration for the sale, as set forth in the instrument. (ii) Exchange of immovable The value of the property of property. the greater value, as set forth in the instrument. (iii) Gift of immovable property. The value of the property as set forth in the instrument. (iv) Mortgage with possession of The amount secured by the mort- of immovable property. gage as set forth in the ins- property. trument. (v) Lease in perpetuity of The amount equal to one sixth of immovable property. the whole amount or value of the rent which would be paid or del- ivered in respect of the first fifty years of the lease as set forth in the instrument. 38

Provisions applicable on the introduction of transfer duty. 94. Provisions applicable on the introduction of transfer duty. On the introduction of the duty on transfers of property-- (a) section 27 of the Stamp Act, 1899 (2 of 1899), as in force in the National Capital Territory of Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without New Delhi; (b) section 64 of the said Act shall be read as if it referred to the Council as well as the Government of National Capital Territory of Delhi. Tax on buildings payable along with the application for sanction of building plans

Tax on building applications.

95. Tax on building applications. (1) Save as otherwise provided in this Act 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

Imposition of other taxes.

96. Imposition of other taxes. (1) 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

Supplementary taxation. 97. Supplementary taxation. 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 Act 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

Time and manner of payment of taxes. 98. Time and manner of payment of taxes. Save as otherwise provided in this Act, any tax levied under this Act 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. 39

Presentation of bill.

99. Presentation of bill. (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; (b) a theatre-tax; and (c) a tax on advertisements.

(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.

Notice of demand and notice fee.

100. Notice of demand and notice fee. (1) If the amount of the tax for which a bill has been presented under section 99 is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatre-tax or the tax on advertisements is not paid after it has become due, the Chairperson may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in the Sixth Schedule.

(2) For every notice of demand which the Chairperson causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this behalf, shall be payable by the said person and shall be included in the cost of recovery.

Penalty in case of default of payment of taxes.

101. Penalty in case of default of payment of taxes. (1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 100 pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.

(2) When the person liable for the payment of any tax is deemed

to be in default under sub-section (1), such sum not exceeding twenty per cent. of the amount of the tax as may be determined by the Chairperson, may be recovered from him by way of penalty, 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 Act.

Recovery of tax.

102. Recovery of tax. (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 101 may be recovered under a warrant, issued in the form set forth in the Seventh Schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, 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 Act.

(2) Every warrant issued under this section shall be signed by the Chairperson.

Distress.

103. Distress. (1) It shall be lawful for any officer or other employees of the Council to whom a warrant issued under section 102 is addressed to distrain, wherever it may be found in any place in New Delhi; any movable property, or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:-- (a) the following property shall not be distrained:-- (i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils; (ii) tools of artisans; (iii) books of account; or (iv) when the defaulter is an agriculturist his implements of 40 husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood; (b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Chairperson, should not have been distrained it shall forthwith be released.

(2) The person charged with the execution of a warrant of distress shall forthwit make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in the Eighth Schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

Disposal of distrained property and attachment and sale of immovableproperty. 104. Disposal of distrained property and attachment and sale of

immovable property. (1) When the property seized is subject 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 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 place 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 all 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 same 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.

Recovery from a person about to leave New Delhi or Delhi. 105. Recovery from a person about to leave New Delhi or Delhi.

(1) If the Chairperson has reason to believe that any person from whom any sum is due or is about 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 41 sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.

Power to institute suit for recovery. 106. Power to institute suit for recovery. Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.

Power of seizure of vehicles and animals in case of non-payment of taxthereon. 107. Power of seizure of vehicles and animals in case of non-

payment of tax thereon. (1) If the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as hereinbefore provided, the Chairperson may, at any time after the tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Chairperson may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid.

(2) The surplus, if any, remaining after the application of the

sale-proceeds under sub-section (1) shall be disposed of in the manner

laid down in sub-sections (6) and (7) of section 104.

Occupiers may be required to pay rent towards satisfaction of propertytax. 108. Occupiers may be required to pay rent towards satisfaction

of property tax. (1) For the purposes of recovering the amount of any property tax from any occupier under section 68, 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 liable 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 Act. Remission and refund

Demolition, etc., of buildings. 109. Demolition, etc., of buildings. If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Chairperson may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.

Remission or refund of tax.

110. Remission or refund of tax. (1) If any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson shall remit or refund, as the case may be, two-thirds of such portion of the property tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.

(2) If any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson 42 shall remit or refund, as the case may be, one half of such portion of the property tax assessed on the rateable value thereof, as may be, proportionate to the number of days during which the said land has remained vacant and unproductive of rent.

Power to require entry in assessment list of details of buildings. 111. Power to require entry in assessment list of details of

buildings. (1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Chairperson, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.

(2) When any tenement, the rateable value of which has been thus separately recorded has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.

Notice to be given of the circumstances in which remission or refundis claimed. 112. Notice to be given of the circumstances in which remission or refund is claimed. No remission or refund under section 110 or section 111 shall be made unless notice in writing of the fact that land, building or tenement has become vacant and unproductive of rent has been given to the Chairperson, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.

What buildings are to be deemed vacant.

113. What buildings are to be deemed vacant. (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.

Notice to be given of every occupation of vacant land or building. 114. Notice to be given of every occupation of vacant land or building. The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 110 or section 111, shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re-occupation. Appeals

Appeal against assessment, etc.

115. Appeal against assessment, etc. (1) An appeal against the levy or assessment of any tax under this Act shall lie to the court of the district judges of Delhi.

(2) If, before or on the hearing of an appeal under this section, any question of law 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.

(3) On a reference being made under sub-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 XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 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.

(6) If the Council fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the Court may order the Chairperson to pay the amount to the appellant. 43

Conditions of right to appeal. 116. Conditions of right to appeal. No appeal shall be heard or determined under section 115 unless-- (a) the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 70 (exclusive of the time requisite for obtaining a copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 72 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof; (b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Council.

Condonation of delay in preferring the appeal. 117. Condonation of delay in preferring the appeal. Notwithstanding anything contained in clause (a) of section 116, an appeal may be admitted after the expiration of the period prescribed therefor by that section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period.

Finality of appellate orders. 118. Finality of appellate orders. The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final: Provided that it shall be lawful for the Court upon application or on its 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

Power to inspect for purposes of determining rateable value or tax. 119. Power to inspect for purposes of determining rateable value

or tax. (1) The Chairperson may, without giving any 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 Act; (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 theatre-tax is payable or would be payable; (d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is exhibited or displayed.

(2) The Chairperson may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of such person; and every person or servant of such person so summoned shall be bound to attend before the Chairperson and to give information to the best of his knowledge and belief as to the said matters.

Composition.

120. Composition. (1) The Chairperson may with the previous sanction of Council allow any person to compound for any tax.

(2) Every sum due by reason of the composition of a tax under

sub-section (1) shall be recovered as an arrear of tax under this Act. 44

Irrecoverable debts.

121. Irrecoverable debts. (1) The Chairperson may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable: Provided that where the sum written off in favour of any person exceeds one thousand rupees, the previous sanction of the Council shall be first obtained.

(2) The Chairperson shall report to the Council every case in

which any sum has been written off under sub-section (1).

Obligation to disclose liability.

122. Obligation to disclose liability. (1) The Chairperson may, by written notice, call upon any inhabitant of New Delhi to furnish such information as may be necessary for the purpose of ascertaining-- (a) whether such inhabitant is liable to pay any tax imposed by the Council under this Act; (b) at what amount he should be assessed; or (c) the rateable value of the land or building which he occupies and the name and address 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 knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax as the Chairperson may deem proper, and the assessment so made shall, subject to the provisions of this Act, be final.

Immaterial error not to affect liability. 123. Immaterial error not to affect liability. No assessment and no charge or demand 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 Act 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.

General power of exemption. 124. General power of exemption. The Council may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods. Taxes on entertainment and betting

Payment of proceeds of entertainment and betting taxes to Council. 125. Payment of proceeds of entertainment and betting taxes to Council. The proceeds of the entertainment and betting taxes collected in New Delhi under the provisions of the U.P. Entertainment and Betting Tax Act, 1937 (U.P. Act 18 of 1937), as extended to the National Capital Territory of Delhi (which shall form part of the Consolidated Fund of the National Capital Territory of Delhi) 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 Act. CHAP BORROWING CHAPTER IX BORROWING

Power of Council to borrow.

126. Power of Council to borrow. (1) The Council may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act, any sums of money which may be required-- (a) 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 any 45 plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years; (d) to pay off any debt due to the Central Government or the Government; (e) to repay a loan previously raised under this Act or any other Act previously in force; or (f) for any other purpose for which the Council is, by virtue of this Act or any other law for the time being in force, authorised to borrow: Provided that-- (i) no loan shall be raised without the previous sanction of the Central Government or without previous publication of the application for sanction under the Local Authorities Loans Act, 1914 (9 of 1914), and the rules made thereunder; and (ii) the amount of loan, the rate of interest and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to the approval of the Central Government.

(2) When any sum of money has been borrowed under sub-section

(1), 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 officers or other employees other than those exclusively employed in connection with the carrying out of that purpose.

Time for repayment of money borowed under section 127. Time for repayment of money borowed under section The time for the repayment of any money borrowed under section 126 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging 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.

Form and effect of debenture. 128. Form and effect of debenture. 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.

Payment to survivors of joint payees. 129. Payment to survivors of joint payees. When any debenture or security issued under this Act 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 Act, 1872 (9 of 1872), the debenture or security shall be payable to the survivor or survivors of such person: Provided that nothing in this section shall affect any claim by legal representative of a deceased person against such survivor or survivors.

Receipt by joint holders for interest or dividend. 130. Receipt by joint holders for interest or dividend. When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Council by the other of such persons.

Maintenance and investment of sinking funds.

131. Maintenance and investment of sinking funds. (1) The Council shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.

(2) All money paid into the sinking funds shall, as soon as possible, be invested by the Chairperson in public securities and every such investment shall be reported by the Chairperson to the Council within fifteen days.

(3) All dividends and other sums received in respect of any such 46 investment shall, as soon as possible after receipt, be paid into the

sinking funds and invested in the manner laid down in sub-section (2).

(4) When any part of a sinking fund is invested in New Delhi municipal debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner

laid down in sub-section (2).

(5) Any investment made under this section may, subject to the

provision of sub-section (2), be varied or transposed.

Application of sinking funds. 132. Application of sinking funds. A sinking 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 has been consolidated under section 134, the Chairperson shall transfer to the sinking fund of the consolidated 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 consolidated loan.

Annual statement by Chairperson.

133. Annual statement by Chairperson. (1) 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 Council to consolidate loans.

134. Power of Council to consolidate loans. (1) Notwithstanding anything to the contrary contained in this Chapter, the Council may consolidate all or any of its loans and for that purpose may invite tenders for a new loan (to be called "the New Delhi Municipal Council 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 Government.

(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.

(4) The Council shall provide for the repayment of any such consolidated 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 132.

Priority of payment for interest and repayment of loans over otherpayments. 135. Priority of payment for interest and repayment of loans over

other payments. (1) All payments due from the Council for interest on and repayment of 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 from Central Government or the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Central Government or the Government may attach the New Delhi Municipal Fund or any part thereof.

(3) After such attachment no person except an officer appointed in this behalf by the Central Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment has not 47 taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and cost due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to satisfaction of the debt due to the Central Government or the Government.

Power to make regulations. 136. Power to make regulations. The Council may make regulations to carry out the purposes of this Chapter including, in particular, the 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. CHAP PROPERTY AND CONTRACTS CHAPTER X PROPERTY AND CONTRACTS Property

Acquisition of property. 137. Acquisition of property. The Council shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.

Acquisition of immovable property by agreement. 138. Acquisition of immovable property by agreement. Whenever the Council decides to acquire any immovable property for the purpose of this Act, 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.

Procedure when immovable property cannot be acquired by agreement. 139. Procedure when immovable property cannot be acquired by agreement. Whenever the Chairperson is unable to acquire any immovable property under section 138 by agreement, the Central Government may at the request of the Chairperson procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (1 of 1894) and on payment by the Council of the compensation awarded under that Act and of the charges incurred by that Government in connection with the proceedings, the land shall vest in the Council.

Disposal of movable property.

140. Disposal of movable property. (1) With respect to the disposal of movable property belonging to Council the Chairperson may, in his discretion, dispose of by sale or otherwise, any movable property belonging to the Council not exceeding in value in each instance one thousand rupees, or such higher amount as the Council may prescribe, or let out on hire any movable property or grant a lease of any 48 immovable property belonging to the Council including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time.

(2) In cases not covered by sub-section (1), the Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any movable property belonging to the Council.

Disposal of immovable property.

141. Disposal of immovable property. (1) The Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any immovable property belonging to the Council.

(2) The consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition.

(3) The sanction of Council under section 140 or this section may be given either generally for any class of cases or specially for any particular case.

(4) Subject to any conditions or limitation that may be specified in any other provisions of this Act the foregoing provisions of section 140 and this section shall apply to every disposal of property belonging to the Council made under, or for any purpose of this Act.

(5) Every case of disposal of property under sub-section (1) of section 140 shall be reported by the Chairperson without delay to the Council. Contracts

Contracts by the Council. 142. Contracts by the Council. Subject to the provisions of sections 143 and 144 the Council shall be competent to enter into and perform any contract necessary for the purposes of this Act.

Procedure for making contracts. 143. Procedure for making contracts. With respect to the making of contracts, the following provisions shall have effect, namely:-- (a) every such contract shall be made on behalf of the Council by the Chairperson; (b) no such contract, for any purpose which in accordance with any provision of this Act the Chairperson may not carry out without the approval or sanction of the Council shall be made by him until and unless such approval or sanction has been duly obtained; (c) no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as the Central Government may from time to time, fix, shall be made by the Chairperson unless the same is previously approved by the Council; and (d) every contract made by the Chairperson involving an expenditure exceeding one lakh rupees but not exceeding ten lakh rupees or such higher amount as may be fixed under clause (c) shall be reported by him, within one month after the same has been made to the Council.

Mode of executing contracts.

144. Mode of executing contracts. (1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.

(2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Council. CHAP WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION CHAPTER XI WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION General

Definitions. 145. Definitions. In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely:--

(1) "communication pipe" means,-- 49 (a) where the premises supplied with water abut on the part of the street in which the main 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 between 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 the communication pipe between the end thereof and the main;

(2) "main" means a pipe laid by the Council for the purpose of giving a general supply of water as distinct from a supply to individual 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 water 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 purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk;

(6) "water fittings" includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

Council may carry out surveys and formulate proposals.

146. Council may carry out surveys and formulate proposals. (1) The Council may-- (a) carry out a survey of the existing consumption of and demand for water supplies in New Delhi and of the water resources in or likely to be made available in New Delhi; (b) prepare an estimate of the future water supply requirements of New Delhi; (c) carry out a survey of the existing quantity of sewage collection; (d) formulate proposals as to-- (i) the existing or future water supply requirements of New Delhi; (ii) the existing or future sewage collection requirement in New Delhi including proposals for the manner in which and the place or places at which sewage should be carried and collected.

(2) If the Council is of the opinion that the works and other properties for the time being vested in the Council, are inadequate for the purpose of sufficient supply of water or for the purpose of efficient collection of sewage under this Act it may take step in accordance with the provisions of this Act for the construction of additional works, whether within New Delhi or outside New Delhi with the approval of the Administrator and for the acquisition of additional properties for such works. 50 Water supply

Functions in relation to water supplies.

147. Functions in relation to water supplies. (1) It shall be the duty of the Council to take steps from time to time-- (a) for ascertaining the sufficiency and wholesomeness of water supplies within New Delhi and receiving bulk supplies of water from the authority prescribed by the Central Government; (b) for providing a supply of wholesome water in pipes to every part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall 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 Delhi where such a supply is already available at such point or points aforesaid; (c) for providing as far as possible, a supply of wholesome water otherwise than in pipes to every part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.

(2) If 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 the point or points to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost, or under clause (c) thereof, as to whether a public supply can be provided at a reasonable cost, the Council shall determine that question and thereupon it shall give effect to that determination.

(3) Without prejudice to the provisions of sub-section (1), the Chairperson shall, for the purpose of securing, so far as is reasonably practicable, that every house has available a sufficient supply of wholesome water for domestic purposes, exercise his powers under this Act of requiring the owners of houses to provide a supply of water thereto.

(4) The Council shall secure that the water in any water works belonging to the Council from which the water is supplied for domestic purpose is wholesome.

Water supplied for domestic purposes not to be used for non-domesticpurposes. 148. Water supplied for domestic purposes not to be used for non- domestic purposes. No person shall, without the written permission of the Chairperson, use or allow to be used for other than domestic purposes water supplied for domestic purposes.

Supply of water for domestic purposes not to include any supply forcertain specified purposes. 149. Supply of water for domestic purposes not to include any supply for certain specified purposes. The supply of water for domestic purposes under this Act shall not be deemed to include 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 (f) for building purposes. 51

Power to supply water for non-domestic purposes.

150. Power to supply water for non-domestic purposes. (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 supply is required and the quantity likely to be consumed.

(2) When a application under sub-section (1) is received, the Chairperson 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 fittings 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.

Use of water for extinguishing fire. 151. Use of water for extinguishing fire. Water may be used for extinguishing fire.

Power to require water supply to be taken.

152. Power to require water supply to be taken. (1) If it appears to the Chairperson that any premises in New Delhi are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises is inadequate or on any sanitary grounds objectionable, the Chairperson may by notice in writing require 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 connection from the municipal water works adequate for the requirements of the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the municipal water works; and (b) to provide, supply pipes and water fittings, install and work a pump and do all such works and take all such measures as may, in the opinion of the Chairperson be necessary for the above purposes.

(2) The Chairperson may in the notice issued under sub-section

(1) specify-- (a) the size, material 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 access 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; (e) the period within which any or all the requisitions specified in the notice should be carried out.

New premises not to be occupied without arrangement for water supply. 153. New premises not to be occupied without arrangement for water supply. It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of New Delhi to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chairperson that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Chairperson to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.

Public gratuitous water supply.

154. Public gratuitous water supply. (1) The Chairperson with the approval of the Council may provide gratuitous supply of wholesome water to the public within New Delhi and may, for that purpose, erect public hydrants or other conveniences.

(2) The Chairperson may with like approval close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public. 52

Power to lay mains.

155. Power to lay mains. (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 land even without such consent.

(2) Where the Chairperson, in exercise of the powers under this section, lays 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, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.

Power to lay service pipes, etc.

156. Power to lay service pipes, etc. (1) The Chairperson may, in any street whether within or without the local limits of the Council lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and 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 or otherwise.

(2) Where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, the Chairperson may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

Provision of fire hydrants.

157. Provision of fire hydrants. (1) The Chairperson shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.

(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.

(3) As soon as any such hydrant is completed, the Chairperson shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.

(4) The Chairperson may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order and from time to time renew one or more fire hydrants, to be used only for extinguishing 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. 53

Supply of water.

158. Supply of water. (1) The Chairperson may permit the owner, lessee or occupier of any premises to connect the premises by means of 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.

Laying of supply pipes, etc.

159. Laying of supply pipes, etc. (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 forming 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 a 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), the Chairperson shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in street shall connect the communication pipe with the supply pipe.

(3) The expenses, reasonably incurred by the Chairperson in executing the work which he is required or authorised by this section to execute, shall be repaid to him by the person to whom the notice was given and may be recovered from such person as an arrear of tax under this Act: Provided that if under the provisions of this section, the Chairperson lays a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.

(4) Notwithstanding anything contained in the foregoing provisions of this section, the Chairperson may, within a reasonable time after the service of the notice upon him, require the person giving the notice either to pay to him, in advance the cost of the work, as estimated by the Chairperson or any officer authorised by in this behalf or to give security for payment thereof to his satisfaction.

(5) If any payment made to the Chairperson under sub-section (4) exceeds the expenses which the Chairperson would be entitled to recover from the person giving the notice, the excess shall be repaid by him and if and so far as those expenses are not covered by the payment, the Chairperson may recover the balance from such person as an arrear of tax under this Act.

Power to require separate service pipes.

160. Power to require separate service pipes. (1) The Chairperson may require the provision of a separate service pipe for each of the premises supplied or to be supplied by him with water.

(2) If, in the case of any premises already supplied with water but not having a separate service pipe, the Chairperson gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the Chairperson, shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.

(3) 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 which 54 the owner was required to execute and recover the expenses reasonably incurred by him in executing the work as an arrear of tax under this Act.

Stopcocks.

161. Stopcocks. (1) On every service pipe laid after the commencement of this Act the Chairperson, shall, and on every service pipe laid before such commencement, Chairperson may, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.

(2) Every stopcocks fitted on a service pipe after the commencement of this Act shall be placed in such position as the Chairperson deems most convenient: Provided that-- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

Power of Chairperson to provide meters.

162. Power of Chairperson to provide meters. (1) The Chairperson may provide a water-meter and attach the same to the service pipe in premises connected with municipal water works.

(2) The expense of providing and attaching a meter under sub-

section (1) shall be paid out of the New Delhi Municipal Fund.

(3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by orders made by the Council in this behalf.

Presumption as to correctness of meters. 163. Presumption as to correctness of meters. Whenever water is supplied under this Chapter through a meter it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.

Prohibition of waste or misuse of water.

164. Prohibition of waste or misuse of water. (1) No person shall wilfully or negligently cause or suffer 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 that the water supplied to him by the Council is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with, a pipe belonging to the Council.

(2) If any water fittings which any person is liable to maintain is in such a condition, or so constructed or adapted as aforesaid, the Chairperson, without prejudice to his right to proceed against the person under any other provision of this Act may require that person to carry out any necessary repairs or alterations and if he fails to do so within forty-eight hours, may himself carry out the work and recover from him the expenses reasonably incurred by him in so doing, as an arrear of tax.

Power to enter premises to detect waste or misuse of water. 165. Power to enter premises to detect waste or misuse of water. The Chairperson or any municipal officer authorised by the Chairperson in writing may, between sunrise and sunset, enter any premises supplied with water by the Council in order to examine if there be any waste or misuse of such water and the Chairperson or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.

Power to test water fittings. 166. Power to test water fittings. The Chairperson may test any water fitting used in connection with water supplied by the Council. 55

Power to close or restrict use of water from polluted source ofsupply. 167. Power to close or restrict use of water from polluted source

of supply. (1) If the Chairperson 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 therwith, 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 Act.

Water pipes, etc., not to be placed where water will be polluted. 168. Water pipes, etc., not to be placed where water will be

polluted. (1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a 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 meters of a latrine, or cesspool.

(2) No latrine, or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.

Power to cut off private water supply or to turn off water. 169. Power to cut off private water supply or to turn off water.

(1) The Chairperson may, subject to the conditions laid down in this behalf in the bye-laws, cut off or turn off water supply from any municipal water work to any premises or part thereof to which a private water supply is furnished by the Council.

(2) The expenses of cutting off or turning off water supply shall be paid by the owner or occupier of premises and shall be recoverable from the owner or occupier as an arrear of tax under this Act.

Joint and several liability of owners and occupiers for offence inrelation to water supply. 170. Joint and several liability of owners and occupiers for offence in relation to water supply. If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of property tax and occupiers of the said premises shall be jointly and severally liable for such offence. Drainage and sewrage

Public drains, etc., to vest in the Council.

171. Public drains, etc., to vest in the Council. (1) All public drains, all drains in, alongside or under any public street, and all sewage collection works, whether constructed out of the New Delhi Municipal Fund or otherwise and all works, materials and things appertaining 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 hereafter in this Act referred to as municipal drains.

(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage collection work so much of the sub-soil appertaining thereto as may be necessary for the said purpose shall be deemed all so to vest in the Council. 56

(4) All drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the New Delhi Municipal Fund in or upon premises not belonging to the Council whether-- (a) before or after the commencement of this Act, and (b) for the use of the owner or occupier of such premises or not, shall, unless the Council has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Council.

Control of drains and sewage collection works.

172. Control of drains and sewage collection works. (1) All municipal drains, all sewage collection and all works, materials and things appertaining thereto shall be under the control of the Chairperson.

(2) The Chairperson shall maintain and keep in repair all municipal drains and sewage collection works and when authorised by the council, shall construct as many new drains and sewage collection works as may from time to time be necessary for effectual drainage and sewage collection.

Certain matters not to be passed into municipal drains.

173. Certain matters not to be passed into municipal drains. (1) No person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain-- (a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health; or (c) any dangerous petroleum.

(2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934 (30 of 1934).

Application by owners and occupiers to drain into municipal drains. 174. Application by owners and occupiers to drain into municipal

drains. (1) Subject to such conditions as may be prescribed by bye- laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within New Delhi may apply to the Chairperson to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain: Provided that nothing in this sub-section shall entitle any person-- (a) to discharge directly or indirectly into any municipal drain-- (i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or (ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law; or (b) where separate municipal drains are provided for foul water and for surface water to discharge directly or indirectly-- (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 57

(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 system, 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 Act.

Drainage of undrained premises.

175. Drainage of undrained premises. (1) Where any premises are in the opinion of the Chairperson, without sufficient means of effectual drainage and a municipal drain or some place approved by the Chairperson for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty meters 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 appear to the Chairperson necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a close drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health; (e) to provide and set up all such appliances and fittings as may appear to the Chairperson to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down-take pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty.

(2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Chairperson, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises-- (a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty meters from any part of the premises; or (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.

(3) Any requisition for the construction of any drain under sub-

section (2) may contain any of the details specified in sub-section

(1). 58

New premises not to be erected without drains.

176. New premises not to be erected without drains. (1) It shall not be lawful to erect or to re-erect any premises in New Delhi or to occupy any such premises unless-- (a) a drain be constructed of such size, materials and description, at such level and with such fall 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 necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.

(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty meters from the premises; but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the Chairperson for the purpose.

Power to drain group or block of premises by combined operations. 177. Power to drain group or block of premises by combined

operations. (1) If it appears to the Chairperson that any group or block of premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty meters of any part of that group or block of premises, the Chairperson may cause that group or block of premises to be drained by a combined operation.

(2) The expenses incurred in carrying out any work under sub-

section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Chairperson may determine and shall be recoverable from them as an arrear of tax under this Act.

(3) Not less than fifteen days before any such work is commenced, the 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 of the proportion of such expenses payable by him.

(4) The Chairperson may require the owners of such groups or block of premises to maintain the work executed under this section.

Power of Chairperson to close or limit the use of private drains incertain cases. 178. Power of Chairperson to close or limit the use of private drains in certain cases. Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not in the opinion of the Chairperson, adapted to the general system of drainage in New Delhi, he may, by written notice addressed to the owner of the premises, direct-- (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or (b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only: Provided that-- (i) no drain may be closed, discontinued or destroyed by the Chairperson under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any 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. 59

Use of drain by a person other than the owner.

179. Use of drain by a person other than the owner. (1) Where the Chairperson either on receipt of an application from the owner of any premises or otherwise is 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 Chairperson 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 in which the aforesaid drain is situate with assistants and workmen at all reasonable hours; (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

Sewage and rain water drains to be distinct. 180. Sewage and rain water drains to be distinct. Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chairperson to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.

Power of Chairperson to require owne to carry out certain works forsatisfactory drainage. 181. Power of Chairperson to require owne to carry out certain works for satisfactory drainage. For the purpose of efficient drainage of any premises, the Chairperson may, by notice in writing-- (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the Chairperson, and (b) require such paving to be kept in proper repair. Collection of sewage

Appointment of places for the emptying of drains and collection ofsewage. 182. Appointment of places for the emptying of drains and collection of sewage. The Chairperson may cause any or all of the municipal drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable: Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the Council: Provided further that on and after such date as may be appointed by the Central Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged. Miscellaneous

Connection with water works and drains not to be made withoutpermission. 183. Connection with water works and drains not to be made without permission. Without the written permission of the Chairperson, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 172 or any water works, constructed or maintained by, or vested in, the Council. 60

Buildings railways and private streets not to be erected orconstructed over drains or water works without permission. 184. Buildings railways and private streets not to be erected or

constructed over drains or water works without permission. (1) Without the written permission of the Chairperson no railway or private street shall be constructed 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 Act.

Rights of user of property for aqueducts, lines, etc.

185. Rights of user of property for aqueducts, lines, etc. (1) The Chairperson may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the Council without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes, or drains have been placed: Provided that the Council shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.

(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central Government or railway administration or vested in any local authority save with the permission of the Central Government or railway administration or the local authority, as the case may be, and in accordance with any bye- laws made in this behalf: Provided that the Chairperson may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or collection of sewage or is such that delay would be dangerous to health, human life or property.

(3) In exercise of the powers conferred upon him by this section, the Chairperson shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him.

Power of owner of premises to place pipes and drains through landbelonging to other persons. 186. Power of owner of premises to place pipes and drains through

land belonging to other persons. (1) If it appears to the Chairperson that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the immovable property of another person, the Chairperson may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order the Chairperson shall give 61 to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.

(2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain 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 drain 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 delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain.

(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Chairperson shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, re-instate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Chairperson it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.

Power to require railway level, etc., to be raised or lowered. 187. Power to require railway level, etc., to be raised or lowered. If the Council places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the New Delhi Municipal Fund, require the railway administration to raise or lower the level thereof.

Power of Chairperson to execute work after giving notice to the personliable. 188. Power of Chairperson to execute work after giving notice to

the person liable. (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Chairperson may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.

(2) The expenses incurred or likely to be incurred by the Chairperson in the execution of any such work shall be payable by the said person and the expenses incurred by the Chairperson in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences.

(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of tax under this Act. 62

Power of Chairperson to affix shafts, etc., for ventilation of drainor cesspool. 189. Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool. For the purpose of ventilating any drain or cesspool, whether vested in Council or not, the Chairperson may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.

Power of Chairperson to examine and test drains, etc., believed to bedefective. 190. Power of Chairperson to examine and test drains, etc.,

believed to be defective. (1) Where it appears to the Chairperson that 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 examine 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.

Bulk receipt of water and delivery of sewage by the Council. 191. Bulk receipt of water and delivery of sewage by the Council.

(1) The Council shall receive bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribed by the Central Government.

(2) The Council shall be entitled to receive bulk supply of water from, and to deliver in bulk all the sewage to, the authority

prescribed under sub-section (1) subject to such charges for the supply of water in bulk to the Council and the delivery 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 authority by the Council, the matter shall be referred to the Central Government whose decision thereon shall be final and binding on both parties.

Employment of Government agencies for repairs, etc. 192. Employment of Government agencies for repairs, etc. The Central Government may for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Council under this Chapter, shall be carried out on behalf of the Council by the Central Government and the Council shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by that Government on behalf of a local authority.

Work to be done by licensed plumber.

193. Work to be done by licensed plumber. (1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Chairperson, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.

(2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Chairperson the name of such plumber.

(3) When any work is executed except in accordance with the

provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Chairperson without prejudice to the right of the Council to prosecute under this Act the person at whose instance such work has been executed.

(4) The Council may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Council.

(5) The Council may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter. 63

(6) No licensed plumber shall, for any work referred to in sub-

section (5), demand or receive more than the charges prescribed 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 premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber.

(8) No licensed plumber shall contravene any of the bye-laws made under this section or execute carelessly or negligently any work under this Act 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 Act or not.

Prohibition of certain acts.

194. Prohibition of certain acts. (1) No person shall-- (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 setting 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 divert, or take water from any water work belonging to the Council; or (d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Council or break or damage any electrical transmission line maintained by the Council; or (e) obstruct any officer or other employee of the Council in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled.

(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. 64 CHAP ELECTRICITY SUPPLY CHAPTER XII ELECTRICITY SUPPLY

Functions in relation to electricity supply.

195. Functions in relation to electricity supply. (1) It shall be the duty of the Council to develop and maintain an efficient, co- ordinated and economical system of electricity supply for New Delhi area under its jurisdiction and for that purpose to take steps from time to time-- (a) acquiring supplies of electricity and its distribution to consumers; (b) for preparing and carrying out in accordance with rules made in this behalf schemes for distribution of electricity.

(2) In the discharge of its functions in relation to electricity supply, the Council shall, as far as practicable-- (a) promote the use of all economical methods of transmitting and distributing electricity; (b) secure the development of supplies of electricity; (c) secure the extension of supplies of electricity to areas without such supplies; (d) promote the standardisation of systems of supply and types of electrical fittings; (e) promote the simplification and standardisation of methods of charge for supplies of electricity.

Additional functions in relation to electricity supply.

196. Additional functions in relation to electricity supply. (1) The Council may take steps to manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any electrical machinery, control gear, fittings, wires or apparatus for lighting, heating, cooling or motive power or for any other purpose for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity, and to install, connect, repair, maintain or remove such machinery, control gear, fitting, wires or apparatus and in respect thereof demand and take such remuneration or rents and charges and make 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 as aforesaid, conduct displays, exhibitions and demonstrations thereof and generally do all things, including advertising incidental to the sale or hire of such machinery, control gear, fittings, wires and apparatus and to the promotion and encouragement of the use of electricity.

(3) Moneys received and expended in connection with additional

functions specified in sub-sections (1) and (2) shall be shown separately in the accounts.

Council to have powers and obligations of licensee under Act 9 of1910. 197. Council to have powers and obligations of licensee under Act 9 of 1910. Subject to the provision of this Act the Council shall in respect of the New Delhi areas under its jurisdiction have all the powers and obligations of a licensee under the Electricity Act, 1910, and this Chapter shall be deemed to be the licence of the Council for the purposes of that Act: Provided that nothing in sections 3 to 12 of, or in clauses I to IX of the Schedule to, that Act relating to the duties and obligations of a licensee shall apply to the Council. 65

Restriction on building and other acts interfering with the works ofelectric supply. 198. Restriction on building and other acts interfering with the

works of electric supply. (1) No building, wall or other structure shall be newly erected and no street or railway shall be constructed over, or in such a manner as to interfere with, any work constructed or maintained for the purposes of the electric supply except with the written permission of the Chairperson.

(2) The Chairperson may cause any building, wall or other structure erected, or any street or railway constructed in

contravention of sub-section (1), to be removed or otherwise dealt with as he deems fit, and the expenses incurred therefor shall be paid by the person or authority responsible and shall be recoverable from such person or authority as an arrear of tax under this Act.

Power of Council to make arangements with licensees.

199. Power of Council to make arrangements with licensees. (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 generating station or main transmission line and notwithstanding anything contained in any law or in any licence, 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.

Charges for supply of electricity. 200. Charges for supply of electricity. 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.

Bulk receipt of electricity by the Council.

201. Bulk receipt of electricity by the Council. (1) The Council shall receive bulk supply of electricity from the authority which may be prescribed by the Central Government.

(2) The Council shall be entitled to receive bulk supply of electricity from that authority prescribed by the Central Government subject to such terms and conditions as may be determined by means of a contract entered into between that other authority and the Council. The contract mentioned in this sub-section shall provide also for a stipulation therein that disputes between that other authority and the Council in regard to any matter relating to the bulk supply of electricity to the Council shall be referred to the Central Government whose decision thereon shall be final and binding on both parties. CHAP Construction, maintenance and improvement of streets CHAPTER XIII STREETS Construction, maintenance and improvement of streets

Vesting of public streets in the Council.

202. Vesting of public streets in the Council. (1) All streets within New Delhi which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Council: Provided that no public street which immediately before the commencement of this Act vested in the Union shall, unless the Central Government with the consent of the Council so directs, vest in the Council by virtue of this sub-section.

(2) All public streets vesting in the Council shall be under the control of the Chairperson and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf. 66

Functions of Chairperson in respect of public streets.

203. Functions of Chairperson in respect of public streets. (1) The Chairperson shall, from time to time, cause all public streets vested in the Council to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot passengers: Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed one lakh rupees, shall be undertaken by the Chairperson except with the previous sanction of the Council.

(2) With the previous sanction of the Council, the Chairperson may permanently close the whole or any part of a public street: Provided that before according such sanction the Council shall by notice, published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may be made within one month from the date of publication of the said notice.

Disposal of land forming site of public streets permanently closed. 204. Disposal of land forming site of public streets permanently closed. Whenever any public street or a part thereof is permanently

closed under sub-section (2) of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the Council.

Power to make new public streets. 205. Power to make new public streets. The Chairperson may at any time with the previous sanction of the Council,-- (a) lay out and make new public streets; (b) construct bridges and sub-ways; (c) turn or divert any existing public street; and (d) lay down and determine the position and direction of a street or streets in any part of New Delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.

Minimum width of new public streets. 206. Minimum width of new public streets. The Chairperson shall, from time to time, with the sanction of council, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.

Power to prohibit or regulate use of public streets for certain kindof traffic. 207. Power to prohibit or regulate use of public streets for

certain kind of traffic. (1) The Chairperson may-- (a) prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure decongestion or smooth flow or quietness in any locality; (b) prohibit or regulate in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction weight or size or laden with such heavy or unwieldly objects as may be likely to cause injury to the road-ways or any construction thereon, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Chairperson generally or specially in each case; and 67 (c) prohibit or regulate access to premises from any particular public street carrying high speed vehicular traffic: Provided that the Chairperson shall not take action without sanction of the Council in cases under clauses (a) and (c).

(2) Notices of such prohibition as are imposed under sub-section

(1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.

Power to acquire lands and buildings for public streets and for publicparking places. 208. Power to acquire lands and buildings for public streets and

for public parking places. (1) Subject to the provisions contained in Chapter X, the Chairperson may-- (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 expedient 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.

Defining the regular line of streets.

209. Defining the regular line of streets. (1) The Chairperson may define a line on one or both sides of any public street in 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 line: Provided that, before according sanction the Council shall by public notice afford reasonable opportunity to the residents or premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice: Provided further that the regular line of any public street operative under any law in force in any part of New Delhi immediately before the commencement of this Act shall be deemed to be a line defined by the Chairperson under this sub-section.

(2) The line for the time being defined or redefined shall be called the regular line of street.

(3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the Chairperson: Provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or portion thereof, the Chairperson fails to take steps to acquire the land within the regular line of the street in the accordance with section 212, then that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof.

(4) When the Chairperson grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successors-in-interest not to claim compensation in the event of the Chairperson at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the Chairperson and may for that 68 purpose require such owner to deposit in the New Delhi Municipal Fund such sum as may be determined by him.

(5) The Chairperson shall maintain-- (a) a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which the Chairperson may deem necessary; (b) a register of all agreements executed under sub-section

(4) 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 (16 of 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.

Setting back building to regular line of street.

210. Setting back building to regular line of street. (1) If any part of a building abutting on a public street is within the regular line of that street, the Chairperson may, whenever it is proposed-- (a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metres; or (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by any order which he issues concerning the addition to, rebuilding construction, repair or alterations of, such building, require such building to be set back to the regular line of the street.

(2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Chairperson or otherwise, taken down, the Chairperson may forthwith take possession on behalf of the Council of the portion of the land within the regular line of the street therefor occupied by the said building and, if necessary, clear the same.

(3) Land acquired under this section shall be deemed to be part of the public street and shall vest in the Council.

Compulsory setting back of building to regular line of street. 211. Compulsory setting back of building to regular line of

street. (1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Chairperson it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Chairperson on behalf of the Council.

(2) If such owner fails to show cause as required by sub-section

(1) the Chairperson may require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice.

(3) If within such period the owner of the building fails to pull down the 69 building or part thereof as required by the Chairperson, the Chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.

(4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land within the regular line of the 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.

Acquisition of open land and land occupied by platform, etc., withinthe regular line of street. 212. Acquisition of open land and land occupied by platform, etc., within the regular line of street. 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 of the land or building not less than seven clear days' notice of his intention so to do, take possession on behalf of the Council 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 of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in the Council: Provided that where the land or building is vested in the Union or a State the Chairperson shall not take possession thereof without the previous sanction of the Central Government.

Acquisition of the remaining part of a building and land after theirportions within a regular line of street have been acquired. 213. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been

acquired. (1) Where a land or building is partly within the regular line of a public street and the Chairperson is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Council.

(2) Such surplus land may thereafter, be utilised for the purpose of setting forward a building under section 214.

Setting forward of buildings to the regular line of street. 214. Setting forward of buildings to the regular line of street. The Chairperson may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the approval of the Council, by notice require any building to be set forward in the case of reconstruction thereof or of a new construction. Explanation.--For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Chairperson is erected along the said line.

Compensation to be paid in certain cases of setting back or settingforward of buildings, etc. 215. Compensation to be paid in certain cases of setting back or

setting forward of buildings, etc. (1) Compensation shall be paid by the Chairperson to the owner of any building or land acquired for a public street under the provisions of sections 210, 211 and 212 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Chairperson: 70 Provided that-- (a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation; (b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Chairperson may recover from him half the amount of such excess as a betterment charge.

(2) If in consequence of any order to set forward a building made by the Chairperson the owner of such building sustains any loss or damage, compensation shall be paid to him by the Chairperson for such loss or damage after taking into account any increase in value likely to accrue from the setting forward.

(3) If the additional land which will be included in the premises

of any person required or permitted under sub-section (2) to set forward a building belongs to the Council, the order or permission of the Chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission.

(4) If, when the Chairperson requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Council or with any of the terms or conditions of conveyance, the Chairperson shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the district judge of Delhi whose decision thereon shall be final. Private streets

Owner's obligation when dealing with land as building sites. 216. Owner's obligation when dealing with land as building sites. If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

Lay-out plans.

217. Lay-out plans. (1) Before utilising, selling or otherwise dealing with any land under section 216, the owner thereof shall send to the Chairperson a written aplication with a layout plan of the land showing the following particulars, namely:-- (a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used; (b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market 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, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.

(2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section

(1). and all the particulars referred to in that sub-section shall be subject to the sanction of the Council.

(3) Within sixty days after the receipt of any application under sub-section 71

(1) the Council shall either accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.

(4) Such sanction shall be refused-- (a) if the particulars shown in the lay-out plan would conflict with any arrangement which have been made or which are in 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 zonal development plan prepared for New Delhi or not; or (b) if the said lay-out plan does not conform to the provisions of this Act 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 passed upon receipt of such information: Provided that the passing of such orders shall not be in any case delayed for more than sixty days after the Council has received the information which it 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.

Alteration or demolition of street made in breach of section 217. 218. Alteration or demolition of street made in breach of

section 217. (1) If any person lays-out or makes any street referred to in section 217 without or otherwise than in conformity with the orders of the Council, the Chairperson may, whether or not the offender be prosecuted under this Act, by notice-- (a) require the offender to show cause by a written statement signed by him and sent to the Chairperson on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Chairperson or if such alteration be impracticable, why such street should not be demolished; or (b) require the offender to appear before the Chairperson either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Chairperson why such street should not be so altered or demolished, the Chairperson may pass an order directing the alternation or demolition of such street.

Power of Chairperson to order work to be carried out or to carry itout himself in default. 219. Power of Chairperson to order work to be carried

out or to carry it out himself in default. (1) If any private street or part thereof is not levelled, paved, metalled, flagged, chanelled, sewered, drained, conserved or lighted to the satisfaction of Chairperson, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice.

(2) If such work is not carried out within the time specified in the notice, the Chairperson, may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-

section (1) in such proportion as may be determined by the Chairperson and shall be recoverable from them as an arrear of tax under this Act. 72

Right of owner to require streets to be declared public. 220. Right of owner to require streets to be declared public. If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 219, the Chairperson may, and on the requisition of a majority

of the owners referred to in sub-section (1) of that section shall, declare such a street to be a public street and thereupon the street shall vest in the Council. Encroachments on streets

Prohibition of projections upon streets, etc.

221. Prohibition of projections upon streets, etc. (1) Except as provided in section 222, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will-- (a) overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or (b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.

(2) The Chairperson may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section.

(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

Projections over streets may be permitted in certain cases. 222. Projections over streets may be permitted in certain cases.

(1) The Chairperson may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street-- (i) to erect an arcade over such street or any portion thereof; or (ii) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, owning or other such structure or thing projecting from any storey over or across any street or portion thereof; Provided that no permission shall be given by the Chairperson for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Council.

(2) The Chairperson may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sun-shade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

Ground floor doors, etc., not to open outwards on streets. 223. Ground floor doors, etc., not to open outwards on streets. 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 required 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. 73

Prohibition of structures or fixtures which cause obstruction instreet. 224. Prohibition of structures or fixtures which cause

obstruction in street. (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 (1) of section 229 applies.

Prohibition of deposit, etc., of things in streets.

225. Prohibition of deposit, etc., of things in streets. (1) No person shall, except with the permission of the Chairperson and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale, or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.

(2) Nothing in sub-section (1) applies to building material.

Power to remove anything deposited or exposed for sale incontravention of this Act. 226. Power to remove anything deposited or exposed for sale in contravention of this Act. The Chairperson may, without notice, cause to be removed-- (a) any stall, chair, bench, box, ladder, bale, or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act. (b) any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

Prohibition of the tethering of animals and milking of cattle. 227. Prohibition of the tethering of animals and milking of

cattle. (1) No person shall tether any animal or cause or permit the same to be tethered in any public street or public place.

(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street or public place.

(3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the Chairperson or any municipal officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871 (1 of 1871). Provision concerning execution of works in or near to streets

Precautions during repair of streets.

228. Precautions during repair of streets. (1) The Chairperson shall, so far as is practicable, during the construction or repair of any public street, or any municipal drain or any premises vested in the Council-- (a) cause the same to be fenced and guarded, (b) take proper precautions against accident by shoring up and protecting the adjoining buildings, (c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are 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. 74

(3) The Chairperson shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the street, 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.

Streets not to be opened or broken up and building materials not to bedeposited thereon without permission. 229. Streets not to be opened or broken up and building materials

not to be deposited thereon without permission. (1) No person other than the Chairperson or a municipal officer or other municipal employee shall, without the written permission of the Chairperson-- (a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other materials or thing forming part of any street; or (b) deposit any building materials in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.

(2) Any permission granted under clause (b) or clause (c) of sub-

section (1) shall be terminable at the discretion of the Chairperson on his giving not less than twenty-four hours' notice of such termination to the person to whom such permission was granted.

(3) The Chairperson may, without notice, cause to be removed any

of the things referred to in clause (b) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified

in the notice issued under sub-section (2): Provided that nothing in this sub-section shall apply to cases

under clause (b) or clause (c) of sub-section (1) in which an application for permission has been made with such fee as may be prescribed by the Chairperson in this behalf but no reply has been sent to the applicant within seven days from the date of the application.

Disposal of things removed under this Chapter.

230. Disposal of things removed under this Chapter. (1) Any of the things caused to be removed by the Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and pays to the Chairperson the charges for the removal and storage of such thing, be disposed of by the Chairperson by public auction or in such other manner and within such time as the Chairperson thinks fit.

(2) The charges for removal and storage and sale of the thing

sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if 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 Fund. Naming and numbering of streets and numbering of buildings

Naming and numbering of streets.

231. Naming and numbering of streets. (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; 75 (b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known; (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Council; (d) determine the number or sub-number by which any premises or part 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.

(2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Chairperson. Repair or enclosure of dangerous places

Chairperson to take steps for repairing or enclosing dangerous places. 232. Chairperson to take steps for repairing or enclosing

dangerous places. (1) If any place is, in the opinion of the Chairperson, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Chairperson may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the Chairperson necessary in order to prevent the danger or inconvenience arising therefrom.

(2) The Chairperson may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Chairperson in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this Act. Lighting of streets

Measures for lighting. 233. Measures for lighting. The Chairperson shall-- (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by him; (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.

Prohibition of removal, etc., of lamps.

234. Prohibition of removal, etc., of lamps. (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 (1), he shall in addition to any penalty to which he may be subjected under this Act, pay the expenses of repairing the damage so done by him. 76 CHAP BUILDING REGULATIONS CHAPTER XIV BUILDING REGULATIONS

General superintendence, etc., of the Central Government. 235. General superintendence, etc., of the Central Government. Notwithstanding anything contained in any other provision of this Act, the Chairperson shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government.

Definition. 236. Definition. 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-- (i) any building of which more than one-half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or (ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or (iii) any frame building of which more than-half of the number of the columns or beams in the external walls have been pulled down; (c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose; (d) to convert into more than one dwelling house a building originally constructed as one dwelling house only; (e) to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose; (f) to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space; (g) to convert two or more tenements in a building into a greater or lesser number; (h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change; (i) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been 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 house. 77

Prohibition of building without sanction.

237. Prohibition of building without sanction. (1) 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 in accordance with the provisions of this Chapter and of the bye-laws made under this Act 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 of cloth, grass leaves, mats or other inflammable materials except with the written permission of the Chairperson, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.

Erection of building.

238. Erection of building. (1) Every person who intends to erect a building shall apply for sanction by giving notice in writing 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 may be so prescribed.

Applications for additions to, or repairs of, buildings.

239. Applications for additions to, or repairs of, buildings. (1) Every person who intends to execute any of the following works, that is to say,-- (a) to make any addition to a building; (b) to make any alteration or repairs to a building involving the removal or re-erection of any external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial metres; (c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one-half of the columns or posts in any such wall thereof as aforesaid; or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial metres; (d) to make any alteration in a building involving-- (i) the sub-division of any room in such building so as to convert the same into two or more separate 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 which stands within the regular line of such street; (f) 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 writing 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 may be so prescribed. 78

Conditions of valid notice.

240. Conditions of valid notice. (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.

Sanction or refusal of building or work.

241. Sanction or refusal of building or work. (1) 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 following, 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 provisions of any bye-law made in this behalf or of any other law or rule, bye-law 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; (c) that any information or documents required by the Chairperson under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 216, lay-out plans have not been sanctioned in accordance with section 217; (e) that the building or work would be an encroachment on Central Government or Government land or land vested in the Council; (f) that the site of the building or work does not but on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the land on which it is proposed to erect or re- erect such building is vested in the Central Government or Government or in the Council, and the consent of the Government concerned or, as the case may be, of the Council has not been obtained, or if the title of the land is in dispute between such person and the Council or any Government, or for any other reason, to be communicated in writing to the person, which is deemed to be just and sufficient as effecting such building.

(3) The Chairperson shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the

grounds specified in sub-section (2) or under section 245 he shall record a brief statement of his reasons for such refusal and the Chairperson shall communicate the refusal alongwith the reasons therefor to the person who has given the notice.

(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf. 79

When building or work may be proceeded with.

242. When building or work may be proceeded with. (1) Where within a period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240, the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or 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, the period of thirty days specified in this sub-section shall be deemed to commence from the date of the 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 has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or any other law or of bye-law made thereunder.

(3) If the person or anyone lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 238 or, as the case may be, under section 239 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice.

(4) Before commencing the erection of a building or exectuion of

a work within the period specified in sub-section (3), the person concerned shall give notice to the Chairperson of the proposed 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 a fresh notice shall be necessary in this behalf.

Sanction accorded under misrepresention. 243. Sanction accorded under misrepresention. If at any time after the sanction of any building or work has been accorded, the Chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, 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.

Buildings at corners of streets. 244. Buildings at corners of streets. The Chairperson may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity. 80

Provisions as to buildings and works on either side of new streets. 245. Provisions as to buildings and works on either side of new

streets. (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 main to its satisfaction.

(2) The erection of any such building or the execution of any such work may be refused by the Chairperson if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Chairperson but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.

Period for completion of building or work. 246. Period for completion of building or work. 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 completed and 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 extension of that period.

Order of demolition and stoppage of buildings or works in certaincases and appeal. 247. Order of demolition and stoppage of buildings or works in

certain cases and appeal. (1) 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 Act or bye-laws made thereunder, the Chairperson may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more 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 demolition: Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Chairperson may think fit, a reasonable opportunity of showing cause why such order shall not be made: Provided further that where the erection or work has not been completed, the Chairperson may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-

section (2).

(2) Any person aggrieved by an order of the Chairperson made

under sub-section (1) may prefer an appeal against the order to the Appellate Tribunal within the period specified in the order for the demolition of the erection or work to which it relates.

(3) Where an appeal is preferred under sub-section (2) against an order of demolition the Appellate Tribunal may, subject to the

provisions of sub-section (3) of section 255 stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: 81 Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Appellate Tribunal unless security, sufficient in the opinion of the said Tribunal has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal.

(4) No court shall entertain any suit, application or order proceeding for injunction or other relief against the Chairperson to restrain him from taking any action or making any order in 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 on 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 an appeal has been preferred against the order of the Appellate Tribunal, the person against 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 from such person as an arrear of tax under this Act.

Order of stoppage of buildings or works in certain cases. 248. Order of stoppage of buildings or works in certain cases.

(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not 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 provisions of this Act or bye-laws made thereunder, the Chairperson may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.

(2) If an order made by the Chairperson under section 247 or

under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Chairperson may require any police officer to remove such person and all his assistants and workmen from the premises or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

(3) Any of the things caused to be seized by the Chairperson

under sub-section (2) shall be disposed of by him in the manner specified in section 230.

(4) After the requisition under sub-section (2) has been complied with, the Chairperson may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee of the Council to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.

(5) Where a police officer or a municipal officer or other

municipal employee has been deputed under sub-section (4) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to

whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. 82

Power of Chairperson to require alteration of work.

249. Power of Chairperson to require alteration of work. (1) The Chairperson may at any time during the erection of any building or execution of any work or at any time after the completion thereof by a written notice of not less than seven days specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 241 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 238 or section 239 or the owner of such building or work either-- (a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or (b) to show cause why such alterations should not be made, within a period stated in the notice.

(2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice.

(3) If the person or the owner shows cause as aforesaid, the Chairperson shall by an order either cancel the notice issued under

sub-section (1) or confirm the same subject to such modifications as he thinks fit.

Power to seal unauthorised constructions.

250. Power to seal unauthorised constructions. (1) 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 the erection of any building or execution of any work under section 247 or under 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 completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to 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, the Chairperson may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.

(3) No person shall remove such seal except-- (a) under an order made by the Chairperson under sub-section

(2); or (b) under an order of an Appellate Tribunal or the Administrator, made in an appeal under this Act.

Completion certificates.

251. Completion certificates. (1) Every person who employs an architect registered with the Council or an architects or an engineer or a person approved by the Chairperson to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Chairperson a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Chairperson all necessary facilities for the inspection of such building or work.

(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Chairpeson in this behalf in accordance with bye-laws made under this Act: Provided that if the Chairperson fails within a period of thirty days after the receipt of the notice of completion to communicate its refusal to grant such permission, such permission shall be deemed to have been granted.

Restrictions on uses of buildings. 252. Restrictions on uses of buildings. No person shall, without the written permission of the Chairperson, or otherwise than in conformity with the conditions, if any, of such permission-- (a) use or permit to be used for human habitation any part of a 83 building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder; (b) change or allow the change of the use of any land or building; (c) convert or allow the conversion of one kind of tenement into antoher kind.

Appellate Tribunal.

253. Appellate Tribunal. (1) The Central Government 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 Gazette, define the territorial limits within which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals have jurisdiction over the same territorial limits, the Central Government shall also provide for the distribution and allocation of work to be performed by such Tribunals.

(6) For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by rules: Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals in accordance with the rules.

Appeals against certain orders or notices issued under the Act. 254. Appeals against certain orders or notices issued under the

Act. (1) Any person aggrieved by any of the following orders made or notices issued under this Act, may prefer an appeal against such order or notice to the Appellate Tribunal, namely:-- (a) an order according or disallowing sanction to a lay-out plan under section 217; (b) an order directing the alteration or demolition of any street under section 218;

(c) a notice under sub-section (1) of section 219;

(d) a notice under sub-section (2) of section 221; (e) an order directing the disposal of things removed under Chapter XIII or seized under section 248, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so disposed of; (f) an order sanctioning or refusing to sanction the erection of any building or the execution of any work under section 241; (g) an order withholding sanction under the proviso to sub-

section (1) of section 242; (h) an order cancelling a sanction under section 243; 84 (i) an order requiring the rounding off, splaying or cutting off the height of a building intended to be erected, or for the acquisition of any portion of a site under section 244; (j) an order disallowing the erection of any building 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 building 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 Act as may be prescribed by rules.

(2) An appeal under this section 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 not 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.

Procedure of the Appellate Tribunal. 255. Procedure of the Appellate Tribunal. 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.

(3) No Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice under this Act, make an interim order (whether by way of injunction or stay) against the Council or against any officer or servant of the Council acting or purporting to act in his official capacity, unless an opportunity is given to the Council or its officer or servant to be heard in the matter: Provided that the Appellate Tribunal may without giving an opportunity as aforesaid make an interim order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money: Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that period, the Appellate Tribunal confirms or modifies that order after giving to the Council or its officer or servant an opportunity of being heard.

(4) Subject to rules that may be made by the Central Government in this behalf, the awarding of damages in and the costs of, and incidental to, any appeal before an Appellate Tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to 85 what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purposes aforesaid.

(5) An order of the Appellate Tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made.

(6) In hearing and deciding an appeal or in the execution of an order, an Appellate Tribunal shall follow such procedure as may be prescribed by rules.

(7) Every Appellate Tribunal shall, in addition to the powers conferred on it under this Act, have the same power as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of persons and examining 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 documents; and (f) any other matter which may be prescribed by rules, and every proceeding of an Appellate Tribunal in hearing or deciding an appeal 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 (45 of 1860), 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 (2 of 1974),

Appeal against orders of Appellate Tribunal.

256. Appeal against orders of Appellate Tribunal. (1) An appeal shall lie to the Administrator, against an order of the Appellate Tribunal made in an appeal under section 247 or section 254, confirming, modifying or annulling an order made or notice issued under this Act.

(2) The provisions of sub-sections (2) and (3) of section 254 and section 255 and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections.

(3) An order of the Administrator on an appeal under this section, and subject only to such order, an order of the Appellate Tribunal under section 254, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to

in sub-section (1) of that section, shall be final.

Bar of jurisdiction of courts.

257. Bar of jurisdiction of courts. (1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections.

(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, 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.

Removal of dangerous buildings.

258. Removal of dangerous buildings. (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 such building or any other building or place in the neighbourhood of such building, the Chaireperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom. 86

(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 Act.

Power to order building to be vacated in certain circumstances. 259. Power to order building to be vacated in certain

circumstances. (1) The Chairperson may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order: Provided that at the time 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 Chairperson shall, on the application of any person who has vacated, or been 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.

Power of the Central Government to make bye-laws.

260. Power of the Central Government to make bye-laws. (1) The Central Government may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter: Provided that all bye-laws made by the New Delhi Municipal

Committee under sub-section (3) of section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911) and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.

(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely:-- (a) the regulation or restriction of the use of sites for buildings for different areas; (b) the regulation or restriction of buildings in different areas; (c) the form of notice of erection of any building or execution of any work and the fee in respect of the same; (d) the plans and documents to be submitted together with such notice and the information and further information to be furnished; (e) the level and width of foundation, level of lowest floor and stability of structure; (f) the construction of buildings and the materials to be used in the construction of buildings; 87 (g) the height of buildings whether absolute or relative to the width of streets or to different areas; (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 adequate means of light and ventilation; (j) 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 removal of house refuse; (l) 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 buildings; (q) the restriction on construction of foundation on certain sites; (r) the measures to be taken to protect building from dump arising from sub-soil; (s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings; (t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water; (u) the supervision of buildings; (v) the setting back of garages and shops from the regular line of a street; (w) the construction of partable structures and permission for such construction.

(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.

(4) The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.

(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section. 88 CHAP SANITATION AND PUBLIC HEALTH CHAPTER XV SANITATION AND PUBLIC HEALTH Conservancy and sanitation

Provision for daily cleansing of streets and removal of rubbish andfilth. 261. Provision for daily cleansing of streets and removal of

rubbish and filth. (1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Chairperson shall provide-- (a) for the daily surface-cleansing of all streets and the removal of the sweepings therefrom, and (b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act 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.

Rubbish, etc., to be the property of the Council. 262. Rubbish, etc., to be the property of the Council. 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.

Provision or appointment of receptacles, depots and places forrubbish, etc. 263. Provision or appointment of receptacles, depots and places

for rubbish, etc. (1) 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 filth and other polluted and obnoxious matter.

(2) Differnt receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the

matters specified in sub-section (1).

(3) The Chairperson shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred

to in sub-section (1) from becoming sources of nuisance.

Duty of owners and occupiers to collect and deposit rubbish, etc. 264. Duty of owners and occupiers to collect and deposit rubbish, etc. It shall be the duty of the owners and occupiers of all premises- - (a) to have the premises swept and cleaned; (b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the Chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit or final disposal thereof; 89 (c) to provide receptacles of the type and in the manner prescribed by the Chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.

Collection and removal of filth and polluted matter.

265. Collection and removal of filth and polluted matter. (1) It shall be the duty of the owner and occupier of every premises situate in any portion of New Delhi in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such precautions as the Chairperson may by public notice prescribe.

(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of New Delhi.

(3) In such portion of New Delhi and in any premises where situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the Chairperson, for any person who is not employed by or on behalf of the Chairperson to discharge any of the duties of scavengers.

Removal of rubbish, etc., accumulated on premises used as factories,workshop, etc. 266. Removal of rubbish, etc., accumulated on premises used as factories, workshop, etc. 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 quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or (b) after giving such owner or occupier notice of his 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 specified in the notice issued under clause (a).

Prohibition against accumulation of rubbish, etc.

267. Prohibition against accumulation of rubbish, etc. (1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Chairperson, or fail to comply with any requisition of the Chairperson as to the construction, repair, pavement or cleansing of any latrine, or urinal or belonging to the premises.

(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter.

(3) No person shall, after due provision has been made in this respect under 90 the foregoing provisions of this Chapter for the deposit and removal of the same-- (a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course; or (b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.

Prohibition in respect of air pollutant. 268. Prohibition in respect of air pollutant. No owner or occupier of any permises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause (g) of sub-

section (1) of section 17 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).

Chairperson's power to get premises scavenged and cleansed. 269. Chairperson's power to get premises scavenged and cleansed. If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Chairperson may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.

Public latrines, urinals, etc.

270. Public latrines, urinals, etc. (1) The Chairperson shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.

(2) Such public latrines and urinals shall be so constructed 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

Construction of latrines and urinals.

271. Construction of latrines and urinals. (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 Act or any bye-laws made thereunder as he may prescribe.

(2) In prescribing any such terms the Chairperson may determine in such case-- (a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and (b) what shall be the site or position of each latrine or urinal.

(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Chairperson may, after giving not less than ten days' notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the chairperson in so doing shall be recoverable from the owner or occupier as an arrear of tax under this Act.

Latrines and urinals, etc., in new buildings.

272. Latrines and urinals, etc., in new buildings. (1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the Chairperson may prescribe.

(2) In prescribing any such accommodation, the Chairperson may determine in each case-- (a) that such building shall be served by the flush system only; (b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions. 91

(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises.

(4) In this section, the expression "to erect a building" has the same meaning as in section 236.

Latrines and urinals for labourers, etc. 273. Latrines and urinals for labourers, etc. Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.

Provision of latrines and urinals for markets, etc. 274. Provision of latrines and urinals for markets, etc. The Chairpeson may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places 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 order.

Other provisions as to private latrines. 275. Other provisions as to private latrines. 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 the 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 (c) require any person having the control whether as owner, lessee or occupier of any land or building-- (i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or (ii) to clean in such manner as the Chairperson may prescribe in the notice any latrine or urinal belonging to the land or building; or (d) where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated and demolished in accordance with bye-laws made in this behalf. Removal of congested buildings and buildings unfit for human habitation

Removal of congested buildings.

276. Removal of congested buildings. (1) Where it appears to the Chairperson that any block of buildings is in an unhealthy condition by reasons of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected to by the officer authorised by him and such officer shall make a report in writing the Chairperson regarding the sanitary condition of the block.

(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Council select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy 92 condition of the block and may thereupon by notice in writing require the owners of such building remove 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 Chairperson 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 himself 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 Act.

Power of Chairperson to require improvement of building unfit forhuman habitation. 277. Power of Chairperson to require improvement of building

unfit for human habitation. (1) Where the Chairperson upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his 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 otherwise.

(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 are completed.

Enforcement of notice requiring execution of works of improvement. 278. Enforcement of notice requiring execution of works of improvement. If a notice under section 277 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the Chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.

Power of Chairperson to order demolition of buildings unfit for humanhabitation. 279. Power of Chairperson to order demolition of buildings unfit

for human habitation. (1) Where the Chairperson upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.

(2) If any of the person upon whom a notice has been served under

sub-section (1) appears in pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a period specified by the Chairperson, execute such works of improvement in relation to the building as will, in the opinion of the Chairperson, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Chairperson on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the Chairperson shall not make an order of demolition of the building.

(3) If no such undertaking as is mentioned in sub-section (2) is given or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Chairperson shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be 93 specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.

(4) Where an order of demolition of building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Chairperson shall demolish or cause to be demolished the building and sell the materials thereof.

(5) Any expenses incurred by the Chairperson under sub-section

(4) if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.

(6) In determining for the purposes of section 277 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, and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said matters that it is not reasonably suitable for occupation in that condition.

(7) For the purpose of section 277, section 278 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:-- (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of courtyard; (h) removal of rubbish, filth and other polluted and obnoxious matter; (i) any other work including the demolition of any building or any part thereof which, in the opinion of the Chairperson, is necessary for executing any of the works specified above.

(8) The provisions of section 276, section 277, section 278 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956). 94

Insanitary huts and sheds. 280. Insanitary huts and sheds. Where the Chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing 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 washermen

Prohibition against washing by washerman.

281. Prohibition against washing by washerman. (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 has been made, no person who is by calling a washerman 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, at any place other than a

place appointed under sub-section (1). Prevention of Dangerous Diseases

Obligation to give information of dangerous disease. 282. Obligation to give information of dangerous disease. 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 suffering shall forthwith give information respecting the existence of such disease to the officer specified by the Chairperson for the said purpose.

Removal to hospital of patients, suffering from dangerous disease. 283. Removal to hospital of patients, suffering from dangerous

disease. (1) When any person suffering from any dangerous disease is found to be-- (a) without proper lodging or accommodation; or (b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it; or (c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or (d) lodged in premises occupied by members of two or more families, the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal.

(2) The Council shall if required by the Central Government erect an infectious disease hospital of such type and dimension as that Government may direct.

Disinfection of buildings and articles. 284. Disinfection of buildings and articles. Where the Chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice: 95 Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.

Destruction of infectious huts or sheds.

285. Destruction of infectious huts or sheds. (1) Where the destruction of any hut or shed is in the opinion of the Chairperson necessary to prevent the spread of any dangerous disease, the Chairperson may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.

(2) 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 the owner or occupier.

(3) Compensation may be paid by the Chairperson, in any case which he 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 claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.

Means of disinfection.

286. Means of disinfection. (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 disinfection to be disinfected either free of charge or on payment of such charges as he may fix.

(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.

(3) The Chairperson may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.

Special measures in case of out-breake of dangerous or epidemicdiseases. 287. Special measures in case of out-break of dangerous or

epidemic diseases. (1) In the event of New Delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or any epidemic disease among any animals therein, the Chairperson, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Council-- (a) take such special measures; and (b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease: Provided that where in the opinion of the Chairperson immediate measures are necessary, he may take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the Council.

(2) No person shall commit a breach of any direction given under

sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860). 96

Infected clothes not to be sent to washerman or to laundry. 288. Infected clothes not to be sent to washerman or to laundry.

(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer authorised in this behalf.

(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised 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 or cleaned.

Contamination and disinfection of public conveyance.

289. Contamination and disinfection of public conveyance. (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 the 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 has 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.

Driver of conveyance not bound to carry persons suffering fromdangerous disease. 290. Driver of conveyance not bound to carry persons suffering from dangerous disease. Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of New Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

Disinfection of buildings before letting the same.

291. Disinfection of buildings before letting the same. (1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the Chairperson may by general or special notice direct together with all articles therein liable to retain infection.

(2) For the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

Disposal of infected articles without disinfection. 292. Disposal of infected articles without disinfection. No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into New Delhi or any part thereof. 97

Prohibition of making or selling of food, etc., or washing of clothesby infected persons. 293. Prohibition of making or selling of food, etc., or washing of clothes by infected persons. No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall-- (a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or (b) take any part in the business of the washing or carrying of clothes.

Power to restrict or prohibit sale of food or drink. 294. Power to restrict or prohibit sale of food or drink. 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.

Control over wells and tanks, etc.

295. Control over wells and tanks, etc. (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) In the event of New Delhi or any part thereof being visited or threatened by an outbreak or a dangerous disease the officer authorised by the Chairperson in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

Duty of persons suffering from dangerous disease. 296. Duty of persons suffering from dangerous disease. No person shall-- (a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid; (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly. 98

Disposal of infectious corpses where any person has died from anydangerous disease. 297. Disposal of infectious corpses where any person has died from any dangerous disease. Where any person has died from any dangerous disease the Chairperson 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

Conditions of service of sweepers and certain other class of personsemployed in municipal service. 298. Conditions of service of sweepers and certain other class of

persons employed in municipal service. (1) No person being a sweeper employed by the Council shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one month's notice to the Chairperson or shall neglect or without reasonable cause refuse to perform his duties.

(2) The Council may by resolution direct that on or from such date as may be 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.

Conditioins of service of sweepers employed for doing housescavenging. 299. Conditions of service of sweepers employed for doing house scavenging. 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

Power to call for information regarding burning and burial grounds. 300. Power to call for information regarding burning and burial grounds. The Chairperson may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management or position of such ground.

Permission for use of new burning or burial ground.

301. Permission for use of new burning or burial ground. (1) No place which has not been used as a burning or burial ground before the commencement of this Act shall be so used without the permission in writing of the Chairperson.

(2) Such permission may be granted subject to any conditions which the Chairperson may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood.

Power to require closing of burning and burial grounds.

302. Power to require closing of burning and burial grounds. (1) Where the Chairperson, after making or causing to be made local inquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the Council, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.

(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.

Removal of corpses. 303. Removal of corpses. The Chairperson may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground. Disposal of dead animals

Disposal of dead animals. 304. Disposal of dead animals. Whenever any animal in the charge of any person dies, the person in charge thereof shall within twenty- four hours either-- 99 (a) convey the carcass to a place provided or appointed under section 263 for the final disposal of the carcasses of dead animals, or (b) give notice of the death to the Chairperson whereupon he shall cause the carcass to be disposed of on such fee as may be prescribed by the Council. CHAP VITAL STATISTICS CHAPTER XVI VITAL STATISTICS

Appointment of Chief Registrar, etc.

305. Appointment of Chief Registrar, etc. (1) Notwithstanding anything contained in the Registration of Births and Deaths Act, 1969 (18 of 1969), but subject to the provisions to this Act and to any directions that the Central Government may give in this behalf, the officer specified in the Official Gazette by the Chairperson, shall be the Chief Registrar of Births and Deaths for New Delhi and shall keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in New Delhi.

(2) The Chairperson shall for the purposes of this Chapter appoint an additional chief registrar and such number of persons to be registrars of births and deaths for New Delhi as he deems necessary and define the respective areas which shall be under the charge of such registrars.

Duties of registrar. 306. Duties of registrar. 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.

Information of births and deaths.

307. Information of births and deaths. (1) It shall be the duty of the father or mother of every child born in New Delhi and in default 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 charge 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 illness of any person dying in New Delhi and in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his knowledge and belief to the registrar of the area within which the death place information containing such particulars as may be prescribed by bye-laws made in this behalf.

(3) If a birth or death occurs in the hospital, none of the

persons mentioned in sub-section (1) or, as the case may be, in sub-

section (2) shall be bound to give information required by that sub- section, but it shall be the duty of the medical officer in charge of the hospital within twenty-four hours after the birth or death, to send to the officer authorised by the Chairperson, a notice containing such particulars as may be prescribed by bye-laws made in this behalf. CHAP PUBLIC SAFETY AND SUPPRESSION OF NUISANCES CHAPTER XVII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES Nuisances

Prohibition of nuisances.

308. Prohibition of nuisances. (1) No person shall-- (a) in any public street or public place-- (i) ease himself; or 100 (ii) carry meat exposed to public view; or (iii) picket animals or collect carts; or (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligenty permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or (v) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or (vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or (vii) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or (viii) without proper authority displace, damage, make any alteration in, or otherwise interefere with, the pavement, gutter, storm, water-drain, flags or other materials of any such street, or any lamp bracket, 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 polluted 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 any 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 (d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or (e) at any time or place at which the same has been prohibited by the Chairperson by public or special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or 101 (f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or (g) let loose any animal so as to cause, or negligently allow any animal to cause injury, danger, alarm or annoyance to any person; or (h) save with the written permission of the Chairperson and in such manner as he may authorise, store or use night-soil, cowdung, manure, rubbish or any other substance emitting an offensive smell; or (i) use or permit to be used as a latrine or urinal any place not intended for that purpose.

(2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from casing 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.

Power of Chairperson to require removal or abatement of nuisance. 309. Power of Chairperson to require removal or abatement of nuisance. Where the Chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require 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 and within such period as may be specified in the notice. Dogs

Registration and control of dogs.

310. Registration and control of dogs. (1) The Council may, by bye-laws made in this behalf,-- (a) require the registration, by the registration authority appointed by the Chairperson in this behalf of all dogs kept within New Delhi. (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix and fee payable for the issue thereof; (c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and (d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week. 102

(2) The Chairperson may-- (a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies; (b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly.

(3) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.

(4) No one, being the owner or person in charge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which-- (a) 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 on 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 suspected 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.

Stacking or collecting inflammable materials. 311. Stacking or collecting inflammable materials. The Chairperson may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.

Care of naked lights. 312. Care of naked lights. No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire: Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.

Discharging fireworks, fire-arms, etc. 313. Discharging fireworks, fire-arms, etc. No one shall discharge any fire-arm or let off fire-works or fire-baloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property. 103

Power to require buildings, wells, etc., to be rendered safe. 314. Power to require buildings, wells, etc., to be rendered safe. Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Chairperson, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Chairperson may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Chairperson, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

Enclosure of waste land used for improper purpose. 315. Enclosure of waste land used for improper purpose. The Chairperson may, by notice in writing, require the owner or part- owner, or person claiming to be the owner or part-owner of any land or building, or the lessee, or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistance or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice. CHAP MARKETS, TRADES AND OCCUPATIONS CHAPTER XVIII MARKETS, TRADES AND OCCUPATIONS Maintenance and regulations of markets

Provision of municipal market.

316. Provision of municipal market. (1) The Chairperson, when authorised by the Council in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, and may provide and maintain in any such markets buildings and places, machines, weights, scales and measures for the weighment or measurement 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.

Use of municipal markets and slaughter house.

317. Use of municipal markets and slaughter house. (1) No person shall, without the general or special permission in writing of the Chairperson, sell or expose for sale any animal or article in any municipal 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 Chairperson or any officer or employee of the Council authorised by the Chairperson in this behalf.

Private markets.

318. Private markets. (1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Council.

(2) No place other than a municipal slaughter house shall be used as a slaughter house: Provided that nothing in this sub-section shall be deemed-- (i) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (non-compliance with which shall be punishable under this Act) as the Chairperson may, by public or special notice, impose in this behalf, or (ii) to prevent the Chairperson, with the sanction of the Council, from setting apart place for the slaughter of animal in accordance with religious custom. 104

Conditions of grant of licence for private market.

319. Conditions of grant of licence for private market. (1) The Chairperson may charge such fees as the Council may prescribe in this behalf for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder.

(2) When the Council refuses to grant any licence, it shall record a brief statement of the reasons for such refusal.

(3) The Chairperson may, for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit, or cancel his licence.

(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

Prohibition of keeping market open without licence, etc.

320. Prohibition of keeping market open without licence, etc. (1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled.

(2) When a licence to open a private market is granted or refused or is suspended or 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 necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

Prohibition of use of unlicensed markets. 321. Prohibition of use of unlicensed markets. No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

Prohibition of business and trade near a market.

322. Prohibition of business and trade near a market. (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 market without the permission of the Chairperson.

(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 stallages, rents and fees.

323. Levy of stallages, rents and fees. (1) The Chairperson, with the previous approval of the Council may-- (a) charge such stallages, rents and fees as may from time to time be fixed by him in this behalf-- (i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures 105 provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter; or (b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he thinks fit; or (c) put up to public auction or dispose by the private sale the privilege of occupying or using any stall, shop, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit.

(2) A copy of the table of stallages and fees, if any, chargeable in any municipal market in New Delhi and of the bye-laws made under this Act for the purpose of regulating the use of such market printed in such language or languages as the Chairperson may direct, shall be affixed in some conspicuous place in the market.

Power to expel disturbers, etc., from markets. 324. Power to expel disturbers, etc., from markets. The Chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.

Butcher's fish-monger's and poulter's licence.

325. Butcher's fish-monger's and poulter's licence. (1) No person shall without or otherwise than in conformity with a licence from the Chairperson carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human consumption or use any place for the sale of flesh, fish or poultry intended for human consumption: Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.

(2) The Chairperson may order and subject to such conditions as to supervision and inspection as he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same.

(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Chairperson may, for special reasons, specify in the licence.

(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Chairperson may stop the use thereof by such means as he may consider necessary. 106

(5) (i) If the Chairperson or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animals is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law under this Act 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 clause (i) of this sub-section. (iii) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Chairperson or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under clause (i) of this sub-section shall 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 Act 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

Factory, etc., not to be established without permission of theChairperson. 326. Factory, etc., not to be established without permission of

the Chairperson. (1) No person shall, without the previous permission in writing of the Chairperson, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.

(2) The Chairperson may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.

Premises not to be used for certain purposes without licence. 327. Premises not to be used for certain purposes without

licence. (1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, namely:-- (a) any of the purposes specified in Part I of the Ninth Schedule; (b) any purpose which is, in the opinion of the Chairperson dangerous to life, health or property or likely to create a nuisance; (c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or (d) storing any of the articles specified in Part II of the Ninth 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 exceed 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 granted under this section for the use of premises as mils or iron yards or for similar 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 Council shall fix a scale of fees to be paid in respect

of premises licensed under sub-section (1): Provided that no such fee shall exceed five hundred rupees. 107

Seizure of certain animals.

328. Seizure of certain animals. (1) If any horses, cattle or other quardriped animals or birds are kept on any premises in contravention of the provisions 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 that 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 the purposes referred to in sub-section (1) of section 327 is causing a nuisance and such nuisance 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 the 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.

(3) 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 Act.

Power of Chairperson to prevent use of premises in particular areasfor purposes referred to in section 327. 329. Power of Chairperson to prevent use of premises in

particular areas for purposes referred to in section 327. (1) The Chairperson may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for

any of the purposes referred to in sub-section (1) of section 327, which may be specified in such notice.

(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.

(3) The Chairperson shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published

under sub-section (1), with such modifications, if any, as he may think but not so as to extend its application.

(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Chairperson may determine, and shall take effect from the date of its publication in the Official Gazette.

(5) No person shall, in any area specified in any declaration

published under sub-section (4) use any premises for any of the purposes referred to in section 327 specified in the declaration and the Chairperson shall have the power to stop the use of any such premises by such means as he considers necessary.

Licences for hawking articles, etc. 330. Licences for hawking articles, etc. No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf,-- (a) hawk or expose for sale in any place any article 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. 108

Eating houses, etc., not to be used without licence from theChairperson. 331. Eating houses, etc., not to be used without licence from the

Chairperson. (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 consumption 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 license is prosecuted under this Act or not.

Licensing and control of theatres, circuses and places of publicamusement. 332. Licensing and control of theatres, circuses and places of public amusement. No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: Provided that nothing in this section shall apply to private performances in any such place.

Power of Chairperson to stop use of premises used in contravention oflicences. 333. Power of Chairperson to stop use of premises used in contravention of licences. If the Chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary. CHAP IMPROVEMENT CHAPTER XIX IMPROVEMENT

Improvement scheme. 334. Improvement scheme. Where the Chairperson upon information in his possession is satisfied as respects any area-- (a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and (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.

Matters to be provided for in an improvement scheme.

335. Matters to be provided for in an improvement scheme. (1) An improvement scheme may provide for all or any of the following matters, namely:-- (a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 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; 109 (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 buildings or portions thereof; (f) the construction and reconstruction of buildings; (g) the construction and alteration of streets; (h) the water supply, street lighting, 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 required for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants; (l) 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 at the expiration of ten years from the date of

sanction of the scheme by the Central Government under sub-section (2) of section 336 the land is not acquired by the Chairperson, the owner of the land may serve on the Chairperson a notice requiring his interest in the land to be so acquired.

(3) If the Chairperson fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Chairperson or were not designated as subject to acquisition by the Chairperson or were not required to be kept as an open space.

Submission of improvement scheme to the Council for approval and tothe Central Government for sanction. 336. Submission of improvement scheme to the Council for approval

and to the Central Government for sanction. (1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Chairperson for approval to the Council and the Council may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Chairperson to have a fresh scheme framed according to such directions.

(2) No improvement scheme approved by the Council under sub-

section (1) shall be valid unless it has been sanctioned by the Central Government.

Rehousing scheme. 337. Rehousing scheme. The Chairperson while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereafter in this Act 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 accommodation for persons who are likely to be displaced by the execution of the improvement scheme. 110

Improvement scheme and rehousing scheme to comply with the master planand zonal development plan. 338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan. No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for Delhi or a zonal development plan for New Delhi or any part thereof. CHAP POWERS, PROCEDURE, OFFENCES AND PENALTIES CHAPTER XX POWERS, PROCEDURE, OFFENCES AND PENALTIES Licences and written permissions

Signature, conditions, duration, suspension, revocation, etc., oflicences and written permissions. 339. Signature, conditions, duration, suspension, revocation,

etc., of licences and written permissions. (1) Whenever it is provided in this Act 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 Act 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 Act 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 whom it is granted; and (e) the fee, if any, paid for the licence or written permission.

(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Chairperson with the sanction of the Council and such fee shall be payable by the person to whom the licence or written permission is granted.

(3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written permission granted under this Act any bye-law made thereunder may at any time be suspended or revoked by the Chairperson or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions have been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted: 111 Provided that-- (a) before making any order of suspension or revocation reasonable opportunity shall be accorded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.

(4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye- law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.

(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Chairperson or the authority by whom it was granted, produce such licence or written permission. Entry and inspection

Powers of entry and inspection. 340. Powers of entry and inspection. 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-- (a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act, rules, regulations or any bye-law made there-under; (b) for the purpose 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 purpose of taking any action or executing any work authorised or required by this Act, rules, regulations or bye-laws made thereunder; (d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act, rules, regulations or bye-laws made thereunder or necessary for the proper administration of this Act; (e) generally for the purpose of efficient discharge of the functions by the Council under this Act, rules, regulations or any bye-law made thereunder.

Power to enter land adjoining land in relation to any work. 341. Power to enter land adjoining land in relation to any work.

(1) The Chairperson or any person 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 on any land within fifty metres of any work authorised by or under this Act, rules, regulations or bye-laws made thereunder with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.

(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.

(3) The person so authorised shall, in exercising any power conferred by 112 this section, do as little damage as may be and compensation shall be payable by the Council in accordance with bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

Breaking into building.

342. Breaking into building. (1) It shall be lawful for the Chairperson or any person 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 to make any entry into any place, and to open or cause to be opened any door, gate or other barrier-- (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.

(2) Before making any entry into any such place, or opening or causing to be opened any such door, gate or other barrier, the Chairperson or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.

Time of making entry. 343. Time of making entry. Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

Consent ordinarily to be obtained. 344. Consent ordinarily to be obtained. 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 horses 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.

Regard to be had to social or religious usages. 345. Regard to be had to social or religious usages. When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual 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 withdrawing.

Prohibition of obstruction or molestation in execution of work. 346. Prohibition of obstruction or molestation in execution of work. No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Council has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act, rules, regulations or any bye-law made thereunder, or in fulfilment of his contract, as the case may be. Public notices and advertisements

Public notices how to be made known. 347. Public notices how to be made known. Every public notice given under this Act, rules, regulations or any bye-law made thereunder shall be in writing under the signature of the Chairperson or of any officer authorised in this behalf by him and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the Chairperson may think fit. 113

Newspapers in which advertisements or notices to be published. 348. Newspapers in which advertisements or notices to be published. Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Council may from time to time specify in this behalf: Provided that if the Council publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published. Evidence

Proof of consent, etc., of Chairperson. 349. Proof of consent, etc., of Chairperson. Whenever, under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Chairperson or of any municipal officer, a written document signed by the Chairperson or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof. Notices, etc.

Notices, etc., to fix reasonable time. 350. Notices, etc., to fix reasonable time. Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice bill, order or requisition shall specify a reasonable time for doing the same.

Signature on notices, etc., may be stamped.

351. Signature on notices, etc., may be stamped. (1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Chairperson or 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 (1) shall be deemed to apply to a cheque drawn upon the New Delhi Municipal Fund under section 46.

Notices, etc., by whom to be served or issued. 352. Notices, etc., by whom to be served or issued. 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.

Services of notices, etc.

353. Services of notices, etc. (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 served-- (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 either-- (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-- (i) sent by registered post, or (ii) delivered at the said place of business; (c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society as its principal office, and is either-- (i) sent by registered post, or 114 (ii) delivered at that office; (d) in any other case, if the document is addressed to the person to be served and-- (i) is given or tendered to him, or (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the National Capital Territory of Delhi, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or (iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served-- (a) if the document so addressed is sent or delivered in

accordance with clause (d) of sub-section (1); or (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to 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 shall 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 premises to state the name and address of the owner thereof.

(5) 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 minor.

(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.

Service of bills for tax or notice of demand by ordinary post. 354. Service of bills for tax or notice of demand by ordinary post. Notwithstanding anything contained in sections 352 and 353 a bill for any tax 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 person specified in section 353 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

Powers in case of non-compliance with notice, etc. 355. Powers in case of non-compliance with notice, etc. In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Chairperson on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act. 115 Recovery of expenses

Liability of occupier to pay in default of owner.

356. Liability of occupier to pay in default of owner. (1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or the officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 355: Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the officer may recover from the occupier the whole amount recoverable under section 355 as an arrear of tax under this Act.

(2) Any amount recovered from an occupier instead of from an

owner under sub-section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

Execution of work by occupier in default of owner and deduction ofexpenses from rent. 357. Execution of work by occupier in default of owner and deduction of expenses from rent. Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Chairperson, execute the said work and he shall, subject to any contract, between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

Relief to agents and trustees.

358. Relief to agents and trustees. (1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act, or any bye-law made thereunder, be bound to discharge any obligation imposed on 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 receiver agent or

trustee to 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 may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. Payment of compensation

General power to compensation. 359. General power to compensation. In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Chairperson with the previous approval of the Council, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Chairperson or in any municipal officer or other municipal employee.

Compensation to be paid by offenders for damage caused by them. 360. Compensation to be paid by offenders for damage caused by

them. (1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Council resulting from the said offence as the Chairperson may consider reasonable.

(2) In the event of a dispute regarding the amount of

compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant issued by the said magistrate as if it were a fine imposed by him on the person liable therefor. 116 Recovery of expenses or compensation in case of dispute

Reference to the court of the district judge in certain cases. 361. Reference to the court of the district judge in certain

cases. (1) If, when the Chairperson demands payment of any expenses referred to in section 355, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Chairperson shall refer the case for determination-- (a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 221, 229, 247, 248 and 249; (b) to the court of the district judge of Delhi, in any other case.

(2) The Chairperson shall, pending the decision on any such reference, defer further proceedings for the 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.

Application to the court of the district judge in other cases. 362. Application to the court of the district judge in other

cases. (1) Where, in any case not provided for by section 361, the Council or the Chairperson or any officer or other employee is required by this Act 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 (1) 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 hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for same in any court of competent jurisdiction. Recovery of certain dues

Mode of recovery of certain dues. 363. Mode of recovery of certain dues. In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such is due as an arrear of tax under this Act: Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due. Obstruction of owner by occupier

Right of owner to apply to the court of the district judge in case ofobstruction by occupier. 364. Right of owner to apply to the court of the district judge

in case of obstruction by occupier. (1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with-- (a) the provisions of section 221, section 229, section 247, section 248, section 249, or section 252, or any bye-law made thereunder or with any notice or order issued under any such provision apply to the Appellate Tribunal; and (b) any other provision or any bye-law made thereunder or with any 117 notice, order or requisition issued under such provision, apply to the court of the district judge of Delhi and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.

(2) The Appellate Tribunal or the court, as the case may be, on receipt of such application, may make a written order requiring the occupier of the land or building to 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 to comply with the said provision or notice, order or requisition. Proceedings before the court of the district judge

General powers and procedure of the court of the district judge. 365. General powers and procedure of the court of the district judge. The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of Delhi under this Act or any bye-law made thereunder.

Fees in proceedings before the court of the district judge. 366. Fees in proceedings before the court of the district judge.

(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid-- (a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and (b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process: Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being under the provisions of the Court-fees Act, 1870 (7 of 1870), in cases in which the amount of the claim or subject matter is of a like amount.

(2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-

section (1), shall be payable.

(3) No application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor

under clause (a) of sub-section (1) has been paid: Provided that the court may, in any case in which it thinks fit so to do,-- (i) receive an application, appeal or reference made by or on behalf of a poor person, and (ii) issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section.

Repayment of half fees on settlement before hearing. 367. Repayment of half fees on settlement before hearing. Whenever any application, appeal or reference made under this Act or any bye-law made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid. 118

Power of the court of the district judge to delegate certain powersand to make rules. 368. Power of the court of the district judge to delegate certain powers and to make rules. The court of the district judge of Delhi may-- (a) delegate, either generally or specially, to the court of an additional district judge, power to receive applications, appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, appeals and references; (b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this Act which is not herein specifically provided for. Offences and penalties

Punishment for certain offences.

369. Punishment for certain offences. (1) Whoever-- (a) contravenes any provision of any of the sections, sub- sections, clauses, provisos or other provisions of this Act mentioned in the first column of the Table in the Tenth Schedule; or (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable-- (i) with fine which may extend to the amount or with imprisonment for a term which may extend to the period, specified in that behalf in third column of the said Table or with both; and (ii) in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

(2) Notwithstanding anything contained in sub-section (1),

whoever contravenes the provisions of sub-section (1) of section 221,

or sub-section (1) of section 224, or sub-section (1) of section 225

or sub-section (1) of section 229 or section 244, in relation to any street which is a public street, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.

(3) Any member, referred to in clauses (b) and (d) of sub-section

(1) of section 4, who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for the Council, shall be deemed to have committed offence made punishable under section 168 of the Indian Penal Code (45 of 1860).

General penalty. 370. General penalty. Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention. 119

Offences by companies.

371. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-sections shall render any such person liable to any punishment provided in this Act if he proves that the offence has been committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been commited with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-- For the purposes of this section,-- (a) "company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

Certain offences to be cognizable. 372. Certain offences to be cognizable. The Code of Criminal Procedure, 1973 (2 of 1974) 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 252;

(b) an offence under sub-section (1) of section 221 or sub-

section (1) of section 224 or sub-section (1) of section 225 or

sub-section (1) of section 229 or section 244 in relation to any street which is a public street, as if it were a cognizable offence-- (i) for the purposes of investigation of such offence; and (ii) for the purposes of all matters other than--

(1) matters referred to in section 42 of that Code, and

(2) arrest of a person, except on the complaint of, or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson: Provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the Chairperson which is compoundable on payment of any amount under the bye-laws relating to buildings made under this Act.

Prosecutions. 373. Prosecutions. Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,--

(a) 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 252 except on the complaint of or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson.

(b) under sub-section (1) of section 221 or sub-section (1)

of section 224 or sub-section (1) of section 225 or sub-section

(1) of section 229 or section 244, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information 120 received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson; (c) other than those specified in clauses (a) and (b) except on the complaint of, or upon information received from the Chairperson or a person authorised by him by a general or special order in this behalf.

Composition of offences.

374. Composition of offences. (1) The Chairperson or any person authorised by him by general or special order in this behalf 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 requisition issued by or on behalf of the Council or of the Chairperson unless and until the same has been complied with so far as the compliance is possible.

(2) Where an offence has been compounded, the offender, if in custody shall be discharged, and no further proceedings shall be taken against him in respect to the offence so compounded. Magistrates and proceedings before magistrates

Municipal magistrates.

375. Municipal magistrates. (1) The Government may appoint one or more metropolitan magistrates for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.

(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act or any rule, regulation of bye-law made thereunder.

(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from to time, be fixed by the Government.

(4) The Council shall, out of the New Delhi Municipal Fund, pay to the Government the amounts of the salary, pension, leave and other

allowances as fixed under sub-section (3) together with all other incidental charges in connection with the establishments of the said magistrates.

(5) Each such magistrate shall have jurisdiction over the whole of New Delhi.

(6) For the purpose of the Code of Criminal Procedure 1973 (2 of 1974), all municipal magistrates appointed under this Act shall be deemed to be magistrates appointed under section 16 of the said Code.

(7) Nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law.

Cognizance of offences. 376. Cognizance of offences. All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of New Delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under this Act 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 time for prosecution.

377. Limitation of time for prosecution. (1) No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after-- (a) the date of the commission of the offence; or (b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.

Power of magistrate to hear cases in absence of accused when summonedto appear. 378. Power of magistrate to hear cases in absence of accused when summoned to appear. If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if-- 121 (a) service of the summons is proved to his satisfaction, and (b) no sufficient cause is shown, for the non-appearance of such person.

Complaints concerning nuisances. 379. Complaints concerning nuisances. The Chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in New Delhi, may complain to a municipal magistrate of the existence of any nuisance.

Procedure to be followed by magistrate regarding complaints concerningnuisances. 380. Procedure to be followed by magistrate regarding complaints

concerning nuisances. (1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order for abating, preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of the provisions of this Act or any bye-law made thereunder.

(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.

(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as

required by sub-section (1) and make such order as he considers necessary forthwith.

(4) If the person directed to take action by an order under sub-

section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act. Powers and duties of police officers

Arrest of offenders.

381. Arrest of offenders. (1) Any police officer, may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if-- (a) the name and address of such person be unknown to him, and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.

(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

Duties of police officers. 382. Duties of police officers. It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority. 122 Legal proceedings

Power to institute, etc., legal proceedings and obtain legal advice. 383. Power to institute, etc., legal proceedings and obtain legal

advice. (1) The Chairperson may-- (a) take, or withdraw from, proceedings against any person who is charged with-- (i) any offence against this Act or any rules, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or (iii) committing any nuisance whatsoever; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council; (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person; (e) defend any suit or other legal proceeding brought against the Council or against the Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity; (f) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid; (g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Chairperson on behalf of the Council; (h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the council or the Chairperson; (i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal officer or other municipal employee.

Protection of action of the Council, etc. 384. Protection of action of the Council, etc. No suit or prosecution shall be entertained in any court against the Council or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder. 123

Notice to be given of suits.

385. Notice to be given of suits. (1) No suit shall be instituted against the Council or against the chairperson or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.

(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.

(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit. CHAP RULES, REGULATIONS AND BYE-LAWS CHAPTER XXI RULES, REGULATIONS AND BYE-LAWS

Supplemental provisions respecting rules.

386. Supplemental provisions respecting rules. (1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid bothe Houses agree in making any modification in the rule or bye-laws, or both Houses agree that the rule or bye-laws should not be made, the rule or by-laws shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-laws.

Supplemental provisions respecting regulations.

387. Supplemental provisions respecting regulations. (1) Any regulation which may be made by the Council under this Act may be made by the Central Government within one year of the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Act.

(2) No regulation made by the Council under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.

Power to make bye-laws.

388. Power to make bye-laws. (1) Subject to the provisions of this Act, the Council may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely:-- A. Bye-laws relating to taxation

(1) the maintenance of tax books and registers by the Chairperson and the particulars which such books and registers should contain;

(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;

(3) the publication of rates of taxes as determined by the Council from time to time; 124

(4) the requisition by the Chairperson of information and returns from persons liable to pay taxes;

(5) the notice to be given to the Chairperson by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;

(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;

(7) the submission of returns by persons liable to pay any tax under this Act;

(8) the collection by the registrar or sub-registrar of Delhi appointed under the Registration Act, 1908 of the additional stamp duty payable to the Council under this Act, the periodical payment of such duty to the council and the maintenance by such registrar or sub- registrar of separate accounts in relation thereto;

(9) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act. B. Bye-laws relating to water supply, drainage and sewage collection

(1) the power of the Chairperson to close water works for the supply of water, whether for domestic purposes or not, or for gratuitious use and to prohibit the sale and use of water for purpose of business;

(2) the connection of supply pipes for conveying to any premises a supply of water from a municipal water works;

(3) the making and renewing connections with municipal water works;

(4) the power of the Chairperson to take charge of private connections;

(5) the power of the Chairperson to alter the position of connections;

(6) the equitable distribution of water supplied to occupiers;

(7) the size, material, quality, description and position of the pipes and fittingss to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping;

(8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired;

(9) the provision and maintenance of meters when water is supplied by measurement;

(10) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters;

(11) the maintenance of pipes; cisterns and other water works;

(12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;

(13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works;

(14) the cleansing of drains;

(15) the prohibition of erection of buildings over drains without the permission of the Chairperson;

(16) the connection of private drains with municipal drains;

(17) the location and construction of cesspools; 125

(18) the covering and ventilation of cesspools;

(19) the period or periods of the day during which trade effluent may be discharged from any trade permises into municipal drains;

(20) the exclusion from trade effluent of all condensing water;

(21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Council would either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains;

(22) the maximum quantity of trade effluent which may without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains;

(23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, that it is neither acid nor alkaline) at the time of such discharge.

(24) the charges to be paid to the Council by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof;

(25) the provision and maintenance of such an inspection chamber or mainhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises;

(26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains and the testing of such meters. C. Bye-laws relating to electric supply

(1) all matters relating to the conduct and management in respect of electricity supply;

(2) the provisions for electric sub-stations in New Delhi. D. Bye-laws relating to streets

(1) the closure of streets when any work is in progress and alternative passage during the progress of such work;

(2) the erections of a temporary nature during festivals;

(3) the setting up of hoards on buildings adjacent to streets during their construction or repair;

(4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;

(5) the permission, regulation or prohibition or use or occupation of any street or place by it, itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;

(6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made. E. Bye-laws relating to sanitation and public health

(1) the position of latrines and urinals;

(2) the provision of air spaces between latrines and buildings or places used for various purposes; 126

(3) the white-washing of buildings;

(4) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;

(5) the seizure of ownerless animals straying within the limits of New Delhi and the regulation and control of pounds;

(6) the fixing and regulation of the use of public bathing and washing places;

(7) the prevention of the spread of dangerous disease;

(8) the segregation in or the removal or exclusion from any part of New Delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;

(9) the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water;

(10) the enforcement of compulsory vaccination and inoculation;

(11) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the New Delhi Municipal Fund;

(12) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines; F. Bye-laws relating to vital statistics

(1) the prescribing of qualifications of persons to be appointed as chief registrar, additional chief registrar and registrar under Chapter XVI;

(2) the registration of births and deaths and marriages and taking of a census. G. Bye-laws relating to public safety and suppression of nuisances The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. H. Bye-laws relating to markets, slaughter houses, trades and occupations

(1) the days on, and hours during which any market or slaughter house may be kept open for use;

(2) the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof;

(3) the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;

(4) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages;

(5) the setting apart of separate areas for different classes of article in market buildings and market places;

(6) the proper custody and care of animals for the keeping of which licences are granted under section 327;

(7) the regulation of the import of animals and flesh within New Delhi;

(8) the rendering necessary of licences for the use of premises within New Delhi as stables or cow-houses or as an accommodation for sheep, 127 goat or buffalo and the fees payable, for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked;

(9) the regulation of sarais, hotels, hostels, guest houses, dak bungalows, lodging houses, boarding houses, buildings, let-in- tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;

(10) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;

(11) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards, hoarding and sign-posts;

(12) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method;

(13) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;

(14) the regulation of smoke in factories, workshops and trade premises;

(15) the regulation of sanitary conditions in factories, workshops, and trade premises;

(16) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means;

(17) the prevention of nuisance in any market building, market place, or any factory, workshop or trade premises. I. Bye-laws relating to improvement

(1) the form and content of an improvement scheme or a rehousing scheme;

(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;

(3) the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned;

(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction. J. Bye-laws relating to miscellanceous matters

(1) the circumstances and the manner in which owners of land or building in New Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near New Delhi;

(2) the maintenance of schools and the furtherance of education generally;

(3) the regulation and control of municipal dispensaries;

(4) the rendering necessary of licences-- (a) for the proprietors or drivers of hackney-carriages; cycle-rickshaws, thelas and rehries kept or plying for hire or used for hawking articles; (b) for persons working as job-porters for the conveyance of goods; 128

(5) the classification of cinema theatres for the purpose of the Third Schedule;

(6) any other matter which is to be or may be prescribed by bye- laws made under this Act or in respect of which this Act makes no provisions or makes insufficient provision and provision is, in the opinion of the Council necessary for the efficient municipal government of New Delhi.

(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Council, and any bye-law so made may be altered or rescinded by

the Council in exercise of its powers under sub-section (1).

Regulations and bye-laws to be laid before Parliament. 389. Regulations and bye-laws to be laid before Parliament. The Central Government shall cause every regulation made under this Act and every bye-law made under section 388 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye- law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.

Penalty for breaches of bye-laws.

390. Penalty for breaches of bye-laws. (1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable- - (a) with fine which may extend to five hundred rupees; and (b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention; (c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requring such person to discontinue such contravention: Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

Supplemental provisions respecting bye-laws.

391. Supplemental provisions respecting bye-laws. (1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Council of their not taking effect until they have been approved by the Government and published in the Official Gazette.

(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.

(3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.

Bye-laws to be available for inspection and purchase.

392. Bye-laws to be available for inspection and purchase. (1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of New Delhi. 129

(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser. CHAP CONTROL CHAPTER XXII CONTROL

Government to require production of documents. 393. Government to require production of documents. The Central Government may at any time require the Chairperson-- (a) to produce any record, correspondence, plan or other document in his possession or under his control; (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council; (c) to furnish or obtain and furnish any report.

Inspection. 394. Inspection. The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable time to the premises and properties of the Council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

Directions by Central Government. 395. Directions by Central Government. If, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion,-- (a) that any duty imposed on the Council by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or (b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction: Provided that unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Council an opportunity of showing cause why such direction should not be made.

Power to provide for enforcement of direction under section 395. 396. Power to provide for enforcement of direction under section 395. If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.

Power of Central Government to give directions in relation to primaryschools, etc. 397. Power of Central Government to give directions in relation

to primary schools, etc. (1) The Central Government may give the Council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Council or maintained wholly or partly by grants paid out of the New Delhi Municipal Fund and in respect of such other matters as that Government considers necessary and the Council shall comply with all such directions.

(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.

(3) The Central Government, after considering the report of inspection made 130 by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions.

Dissolution of the Council.

398. Dissolution of the Council. (1) If, in the opinion of the Central Government, the Council is not competent to perform, or persistently makes default-- (a) in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or (b) fails to deliver efficient service to the public and generally in regard to the municipal administration, or (c) to comply with the directions given to the Council by the Central Government in regard to matters relating to clauses (a) and (b), the Central Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, dissolve the Council: Provided that the Council shall be given reasonable opportunity of being heard before its dissolution.

(2) When the Council is dissolved by an order under sub-section

(1)-- (a) all members shall, on the date of dissolution, vacate their offices as such members; (b) during the period of dissolution of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf; and (c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government.

(3) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made. CHAP MISCELLANEOUS CHAPTER XXIII MISCELLANEOUS

Delegation of power by the Central Government. 399. Delegation of power by the Central Government. The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.

Power to delegate functions of Chairperson. 400. Power to delegate functions of Chairperson. The Chairperson may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.

Validity of notices and other documents. 401. Validity of notices and other documents. No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.

Admissibility of document or entry as evidence. 402. Admissibility of document or entry as evidence. A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Council or the Chairperson shall, if duly certified by the legal keeper thereof or other person authorised by the Chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions. 131

Evidence of Municipal officer or employee. 403. Evidence of Municipal officer or employee. No municipal officer or other municipal employee shall, in any legal proceedings to which the Council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

Prohibition against obstruction of any municipal authority. 404. Prohibition against obstruction of any municipal authority. No person shall obstruct or molest the Council or the Chairperson or the Vice-Chairperson or any member or any person employed by the Council or any person with whom the Chairperson has entered into a contract on behalf of the Council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.

Prohibition against removal of mark. 405. Prohibition against removal of mark. No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.

Prohibition against removal or obliteration of notice. 406. Prohibition against removal or obliteration of notice. No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Council or the Chairperson or any municipal officer or other municipal employee specified by the Chairperson in this behalf.

Prohibition against unauthorised dealings with public place ormaterials. 407. Prohibition against unauthorised dealings with public place or materials. No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in or on any land vested in the Council or in any way obstruct the same.

Liability of Chairperson, etc., for loss, waste or misapplication ofNew Delhi Municipal Fund or property. 408. Liability of Chairperson, etc., for loss, waste or

misapplication of New Delhi Municipal Fund or property. (1) Every member, Chairperson, and every municipal officer and other municipal employee shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the Council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted aginst him by the Council with the previous sanction of the Central Government or by the Government.

(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.

Members and municipal officers and employees to be public servants. 409. Members and municipal officers and employees to be public servants. Every member, the Chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and in the definition of "legal remuneration" in section 161 of that Code the word "Government" shall, for the purpose of this section, be deemed to include the Council (45 of 1860).

Annual administration report.

410. Annual administration report. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Central Government in this behalf, the Council shall submit to that Government a detailed report of the municipal government of New Delhi during the preceding year in such form as that Government may direct.

(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same to the Central Government with its resolution thereon, if any.

(3) Copies of the report shall be kept for sale at the municipal office.

Other laws not to be disregarded. 411. Other laws not to be disregarded. Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force. 132

Exemption of diplomatic or consular missions from payment of tax, etc. 412. Exemption of diplomatic or consular missions from payment of tax, etc. The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or cousular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.

Construction of references. 413. Construction of references. After the establishment of the Council any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise requires, be construed as a reference to the Council.

Council to undertake work on agency basis. 414. Council to undertake work on agency basis. Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreement between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.

Power to remove difficulties. 415. Power to remove difficulties. If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.

Repeal and savings.

416. Repeal and savings. (1) As from the date of the establishment of the Council, the Punjab Municipal Act, 1911, (Punjab Act 3 of 1911) as applicable to New Delhi, shall cease to have effect within New Delhi.

(2) Notwithstanding the provisions of sub-section (1) of this section,-- (a) any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or

permission granted under the Act referred to in sub-section (1) of this section and in force immediately before the establishment of the Council, shall, in so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee before the establishment of the Council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Council under this Act; (c) all budget estimates, assessments, valuations, measurements or divisions made by the New Delhi Municipal committee shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Council under the said provisions; (d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the New Delhi Municipal Committee immediately before the establishment of the Council shall with all rights of whatsoever description, use, enjoyed or possessed by New Delhi Municipal Committee vest in the Council; (e) all rates, taxes, fees, rents and other sums of money due to the New Delhi Municipal Committee immediately before the establishment of the Council shall be deemed to be due to the Council; (f) all rates, taxes, fees, rents, fares and other charges shall, until and 133 unless they are varied by the Council continue to be levied at the same rate at which they were being levied by the New Delhi Municipal Committee immediately before the commencement of this Act; (g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the New Delhi Municipal Committee may be continued or instituted by or against the Council.

Expenditure in connection with the Council from the commencement ofthis Act to the adoption of the budget by the Council. 417. Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council.

(1) Any expenditure incurred during the period between the commencement of this Act and establishment of the Council under any of the provisions of this Act shall be borne by the Central Government and the amount of the expenditure so incurred shall on such establishment be recoverable by that Government out of the New Delhi Municipal Fund.

(2) If in respect of the period between the establishment of the Council and the adoption of the first budget by the Council further expenditure from the New Delhi Municipal Fund becomes necessary over and above the expenditure thereto authorised for that year by the sanctioned budget estimate, the Council shall adopt a supplementary statement showing the estimated amount of that expenditure.

(3) Every item of expenditure shown in the supplementary statements adopted by the council shall be deemed to be expenditure covered by a current budgetgrant within the meaning of section 47.

(4) The supplementary statement shall be prepared, presented, and adopted in such manner and shall provide for such matter as may be determined by the Council.

Transitory provision. 418. Transitory provision. Notwithstanding anything contained in the Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Council until the day on which the first meeting of the Council is held after the commencement of this Act.

Repeal of Ordinance 8 of 1994.

419. Repeal of Ordinance 8 of 1994. (1) The New Delhi Municipal Council Ordinance, 1994, is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the said Ordnance shall be deemed to have been done or taken under the corresponding provision of this Act. 134 SCHE BOUNDARIES OF NEW DELHI THE FIRST SCHEDULE

[See section 2(27)]

[See section 82]

[See section 88(1)]

[See section 95(1)]

[See section 100 (1)]

[See section 102 (1)]

[See section 103 (2)]

[See section 327(1)]

[See section 369(1)]

sub-sections (1) of transfer of develut-

and (2) ion of land or building Section 74, Failure to produce ins- 50 -

sub-section (3) trument of tranfer8 Section 75 Failure to give notice 50 - of erection of new building, etc. Section 76 Failure to give notice 50 - of aemolition or removal of building Section 77 Failure to comply with 50 - requisition to furnish information, etc. Section 81, Willful delay or obstr- 50 -

sub-section (2) uction of valuers Section 89 Prohibition of adverti- 200 5 sement without permission Section 114 Failure to give notice 50 5 of vacant land or building Section 119, Non-compliance with the 50 -

sub-section (2) requisition of attendance before the Chairperson Section 122 Failure to disclose 100 - liability Section 148 Use for non-domestic 100 5 purposes of water supplied for domestic purposes Section 152, Non-compliance with the 200 20

sub-section (1) requisition to take water supply Section 153 Prohibition to occupy 200 20 new premises without arrangement for water supply 143 Section 164 Waste or misuse of water 50 - Section 165 Refusal of admittance, 100 - etc. Section 168, Laying of water pipes, 100 10

sub-section (1) etc., in a position where pipes may be injured or water therein polluted Section 168, Construction of latrines, 100 -

sub-section (2) etc., in a position where pipes may be injured or water therein polluted Section 173 Injury to, or 50 - interference with free flow of contents of municipal drain or drains communicating with municipal drain Section 174, Private drain not to be 50 -

sub-section (2) connected with minicipal drain without notice Section 175 Non-compliance with 100 25 requisition for drainage of undrained premises Section 176 Erection of new premises 1000 - without drain Section 177 Non-compliance with 50 5 requisition of maintenance of drainage works for any group or block of premises Section 178 Non-compliance with 50 5 directions to close or limit the use of private drains in certain cases Section 179 Non-compliance with 50 - Chairperson's orders regarding the use of a drain by a person other than the owner thereof Section 180 Non-compliance with 50 - requisition for keeping sewage and rain water drains distinct Section 181 Non-compliance with 50 - requisition for the pavement of courtyard, etc. Section 183 Connection with minicipal 200 50 water works or drains without written permission Section 186, Non-compliance with 50 5

sub-section (4) requisition to close, remove or divert a pipe or drain Section 193, Execution of work by a 200 -

sub-section (1) person other than a licensed plumber Section 193, Failure to furnish 100 -

sub-section (2) when required, name of licensed plumber employed Section 193, Licensed plumbers not 100 -

sub-section (6) to demand more than the charges prescribed Section 193, Licensed plumbers not to 100 -

sub-section (8) contravene bye-law or execute work carelessly or negligently, etc. Section 194 Prohibition of wilful or 100 - neglectful acts relating to water or sewage works Section 209, Construction of builging 1000 10

sub-section (3) within the regular line of street without permission Section 211 Failure to comply with 200 50 requisition to set back building to regular line of street Section 214 Failure to comply with 200 10 requisition to set forward building to regular line of street 144 Section 217, Utilising, selling or Rigorous -

sub-section (5) otherwise dealing with imprisonment any land or laying out which may a private street extend to otherwise than in three years conformity with orders of the Council Section 218, Failure to comply with 50 5

sub-section (1) requisition to show clauses (a) cause for alteration and (b) of street or for appearance before the Chairperson Section 219, Failure to comply with 100 10

sub-section (1) requiisition on owner of private street or owner of adjoning land or building to level, etc., such street Section 221, Prohibition of 200 -

sub-section (1) projections upon streets, etc. Section 221, Failure to comply with 200 -

sub-section (2) requisition to remove projections from streets Section 222, Failure to comply with 200 -

sub-section (2) requisition to remove a verandah, balcony, etc. put up in accordance

with section 221(1) Section 223 Failure to comply with 50 - requisition to have ground floor doors, etc., so altered as not to open outwards Section 224, Erection, etc., of 200 10

sub-section (1) structures of fixtures which cause obstruction in streets Section 225 Deposit, etc., of things 100 - in streets Section 227, Tethering of animals and 100 5

sub-sections (1) milking of cattle in

and (2) punblic streets Section 228, Unlawful removal of bar 50 -

sub-section (4) or shorting timber, etc., or removal or extinction of light Section 229, Streets not to be opened 200 10

sub-section (1) or broken and building materials not to be de- posited thereon with permission Section 231, sub- Name of street and number 50 -

section (2) of house not to be destroyed or defaced, etc. Section 232, sub- Failure to comply with 100 25

section (1) requisition to repair, protect or enclose a dangerous place Section 234, sub- Removal, etc., of lamps 100 -

section (2) Section 234, sub- Wilfully and negligently 50 -

section (2) extinguishing lights in public streets, etc. Section 237, sub- Erection of a building Simple -

section (1) without the sanction imprisonment of the Chairperson which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 237, sub- Use of inflammable 100 -

section (2) materials without permission 145 Section 238 sub- Failure to give notice Simple -

section (1) of intention to erect imprison- a building ment which may extend to six mon- ths or with fine which may extend to Rs. 5000 or with both. Section 239, sub- Failure to give notice Simple -

section (1) of intention to make imprison- additions, etc, to ment which buildings may extend to six mon- ths or with fine which may extend to Rs. 5000 or with both Section 242, sub- Commencement of work

section (4) without notice, etc. 10000 500 Section 244 Failure to comply with 100 5 requisition to round off buildings at corners of streets Section 245, sub- Erection of buildings on 1000 -

section (1) new streets without levelling Section 245, sub- Erection of buildings or 1000 -

section (2) execution of work within regular line of street or in contravention of any scheme or plan Section 247 Failure to demolish buil- Simple - dings erected without imprisonment sanction or erection which may of buildings in extend to contravention of six months order or with fine which may extend to Rs. 5000 or with both Section 248 Erection of buildings in Simple - contravention of cond- imprisonment itions of sanction, etc. which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 249 Failure to carry out Simple - alterations imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 251, sub- Non-compliance with pro- 200 10

section (1) and vision as to completion

(2) certificates, occupat- ion or use, etc., without permission Section 252 Non-compliance with Simple - restrictions on user imprisonment of buildings which may extend to six months or with fine which may extend to Rs. 5000 or with both. 146 Section 258, sub- Failure to comply with 500 20

sections (1) and requisition to remove

(2) structures which are in ruins or likely to fall Section 259, sub- Failure to comply with 200 -

section (1) requisition to vacate buildings in dangerous conditions, etc. Section 264 Failue to provide for 50 - collection, removal and deposit of refuse and provision of receptacles Section 265, sub- Failure to collect and 50 -

section (1) remove filth and polluted matter Section 265, sub Scavenger's duties in 25 -

section (3) certain cases not to be discharged by any person without permission Section 266 Failure to comply with 100 - requisition for re- moval of rubbish, etc., from premises used as market, etc. Section 267, sub- Keeping rubbish and filth 50 10

section (1) for more than twenty- four hours, etc. Section 267, sub- Allowing filth to flow 50 -

section (2) in streets Section 267, sub- Depositing rubbish or 50 -

section (3) filth, etc., in street etc. Section 271, sub- Latrines and urinals not 200 -

section (1) to be constructed with- out permission or in contravention of terms prescribed Section 272, sub- Failure to provide buil- 500 -

section (1) dings newly erected or re-erected with latrine, urinal and other accommodation Section 272, sub- Failure to provide resi- 500 -

section (3) dential buildings comp- osed of separate tenements with latrine, bathing or washing place for servants on the ground floor Section 273 Failure to provide lat- 100 20 rines for premises used by large number of people and to keep them clean and in proper order Section 274 Failure to comply with 100 20 requisition to provide latrines for market, cattle shed, cart stand, etc., and to keep them clean and in proper order Section 275, Failure to comply with 100 10 clauses (a), (b), requisition to enforce (c) and (d) provision of latrine or urinal accommodation, etc. Section 276, sub- Failure to comply with 1000 -

section (2) requisition for removal of congested buildings 147 Section 277 Failure to comply with 1000 - requisition to improve buildings unfit for human habitation Section 279, Failure to comply with 1000 -

sub-sections (1) order of demolition of

(2), (3) and (4) buildings unfit for human habitation Section 280 Failure to comply with 100 15 requisition of the Chairperson to remove insanitary huts and sheds, etc. Section, 281 sub- Prohibition against wash- 25 -

section (1) ing by washerman Section 282 Failure to give infor- 100 - ation of dangerous disease Section 284 Failure to comply with 50 - requisition to cleanse and disinfect buildings or articles Section 285 Failure to comply with 50 - requisition to destroy infectious huts or sheds Section 286 Washing of clothing, 25 - bedding, etc., at any place not notified by the Chairperson Section 288, Sending infected clothes 25 -

sub-section (1) washerman or laundry Section 288, sub- Failure to furnish add- 25 -

section (2) ress of washerman or laundry to which clothes have been sent section 289, Use of public conveyances 50 -

sub-sections (1), by person suffering from

(2) and (3) a dangerous disease, etc. Section 291 Failure to disinfect 100 - buildings before letting the same Section 292 Disposal of infected 50 - articles without disin- fection Section 293 Making or selling of 50 - food, etc., or washing of clothes by infected persons Section 294 Sale of food or drink in 50 - contravention of rest- riction or prohibition of Chairperson Section 295 Removal or use of water 50 - from wells and tanks in contravention of prohi- bition of Chairperson Section 296 Exposure to persons to 100 - risk of infection by the presence or conduct of a person suffering from a dangerous disease, etc. Section 297 Removal or infectious 50 - corpses in contravent- ion of the provisions of the section Section 298, sub- Absence of sweepers, Imprisonment -

sections (1) and etc., from duty without which may

(2) notice extend to one month Section 299 A sweeper employed for 10 - doing house scavenging not to discontinue work without notice 148 Section 300 Failure to suppy infor- 50 - mation by persons in- charge of burning or burrial grounds Section 301 Use of new burning or 50 - burial ground without permission Section 302, Failure to comply with 50 -

sub-section (1) requisition to close a burning or burial ground Section 302, sub- Burning or burial of 50 -

section (2) corpses in a burning or burial ground after it has been closed Section 303 Removal of corpses by 25 - other than prescribed routes Section 304, Failure to give notice 10 - clause (b) for removal of carcasses of dead animals Section 307, sub- Failure to give infor- 50 -

sections (1), (2) mation of births and deaths Section 308, sub- Commission of nuisances 50 -

sections (1),

(2) and (3) Section 309 Failure to comply with 500 25 requisition for removal or abatement of nuisance Section 310, sub- Dogs not to be at large 50 -

section (4) in a street without being secured by a chain lead Section 310, sub- Ferocious dogs at large 100 -

section (5) without being muzzled, etc. Section 311 Staking imflammable mat- 50 - erial in contravention or prohibition Section 312 Setting a naked light 50 - Section 313 Discharging fireworks, 50 - firearms, etc., likely to cause danger Section 314 Failure to comply with 50 - requisition to render buildings, wells, etc., safe Section 315 Failure to comply with 50 - requisition to enclose land used for improper purposes Section 317, Sale in municipal mark- 200 -

sub-section (1) kets without permission Section 318, sub- Use of places as private 500 25

sections (1) and markets without a lic-

(2) ence and use of places other than a municipal slaughter house as slaughter houses Section 318, Non-compliance with con- 50 -

sub-section (2) ditions imposed by proviso (a) Chairperson Section 320 Keeping market open 2000 - without licence, etc. Section 321 Sale in unlicensed market 50 - Section 322 Carrying on business or 50 - trade near a market 149 Section 324 Failure of person in 50 - charge of markets to expel lepers and disturbers from the market Section 325 Carrying on butcher's, 100 10 fishmonger's or polut- erer's trade without licence, etc. Section 326 Establishment of factory, 5000 50 etc., without permission Section 327 Certain things not to be 1000 100 kept and certain trades and operations not to be carried on without a licence Section 328, sub- Keeping, abandonment or 100 -

section (3) tethering of animals, etc. Section 329, sub- Use of premises in cont- 500 -

section (5) ravention of declaration Section 330 Hawking articles for sale 100 - without a licence, etc. Section 331 Keeping a lodging house, 100 - eating house, tea shop, etc., without licence or contrary to licence Section 332 Keeping open theatre, 500 50 circus or other place of public amusement without licence or contrary to terms of licence Section 339, sub- Failure to produce lic- 50 5

section (5) ence or written per- mission Section 340 Preventing the Chair- 50 - person or any person authorised in this behalf from exercising his powers of entry, etc. Section 341 Preventing the Chair- 50 - person or any person authorised in this behalf from exercising his power of entry upon any adjoining land Section 346 Obstruction or molest- 200 - ation in execution of work Section 353, sub- Failure to comply with 50 -

section (4) requisition to state the name and address of owner of premises Section 364, sub- Failure of occupier of 200 50

section (3) land or building to afford owner facilities for complying with provisions of the Act, etc., after eight days from issue or order by district judge Section 404 Obstruction of Chair- 200 - person or a member, etc. Section 405 Removal of any mark 100 - set up for indicating level, etc. Section 406 Removal, etc. of notice 50 - exhibited by or under order of the Council, Chairperson, etc. 150 Section 407 Unlawful removal of 50 - earth, sand or other material or deposit of any matter or making or any encroachment from any land vested in the Council. ---------------------------------------------------------------------- CHAP PRELIMINARY CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be called the New Delhi Municipal Council Act, 1994.

(2) It extends to New Delhi.

(3) It shall be deemed to have come into force on the 25th day of May, 1994.

Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-

(1) "Administrator" means the Administrator of the National Capital Territory of Delhi; 2

(2) "Appellate Tribunal" means an Appellate Tribunal constituted under section 253;

(3) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Council and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder;

(4) "building" means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter;

(5) "bye-law" means a bye-law made under this Act, by notification in the Official Gazette;

(6) "casual vacancy" means a vacancy occurring otherwise than by efflux: of time in the office of a member of the Council;

(7) 'Chairperson" means the Chairperson of the Council;

(8) "Corporation" means the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957; (66 of 1957.)

(9) "Council" means the New Delhi Municipal Council established under this Act;

(10) "dangerous disease" means- (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and (b) any other epidemic, endemic or infectious disease which the Chairperson may, by notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act;

(11) "Delhi" means the entire area of the National Capital Territory of Delhi except New Delhi and Delhi Cantonment as

defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957; (66 of 1957.)

(12) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water;

(13) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;

(14) "factory" means a factory as defined in the Factories Act, 1948; (63 of 1948.)

(15) "filth" includes offensive matter and sewage;

(16) "goods" includes animals;

(17) "Government" means the Government of the National Capital Territory of Delhi;

(18) "house-gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom;

(19) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Council may declare to be a hut for the purposes of this Act; 3

(20) 'inhabitant', in relation to the municipal area of New Delhi includes any person ordinarily residing or carrying on business or owning or occupying immovable property therein and in case of a dispute,means any person or persons declared by the Chairperson to be an inhabitant;

(21) "land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

(22) "licensed engineer" and "licensed plumber" mean respectively a person licensed under the provisions of this Act as an engineer and a plumber.;

(23) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person;

(24) "member", in relation to the Council, means a member of the Council and includes the Chairperson;

(25) "municipal market" means a market vested in or managed by the Council;

(26) "municipal water works" means water works vested in the Council;

(27) "New Delhi" means the area within the boundaries described in the First Schedule;

(28) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight,, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;

(29) "occupier" includes- (a) any person who for tire time being is paying or is liable to pay to the owner the rent or any portion of the rent of tire land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(30) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage;

(31) "Official Gazette" means the Official Gazette of the National Capital Territory of Delhi; 4

(32) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes- (a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950; and (31 of 1950.) (b) the estate officer to the Government of India, the Secretary of the Delhi Development Authority, constituted under the Delhi Development Act, 1957, (11 of 1957.) the General Manager of a railway and the 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 prescribed by rules made under this Act;

(35) "private market" means a market which is not a municipal market;

(36) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners;

(37) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(38) "public securities" means, any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta, Delhi or Madras Municipal Corporation;

(39) "public street" means any street which vests in the Council as a public street or the soil below the surface of which vests in the Council or which under the provisions of this Act becomes, or is declared to be, a public street;

(40) "railway administration" has the meaning assigned to it in the Railways Act, 1989; (24 of 1989.)

(41) "rate payer" means a person liable to pay any rate, tax, cess or licence fee under this Act;

(42) "rateable value" means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;

(43) "regulation" means a regulation made by the Council under this Act by notification in the Official Gazette;

(44) "reside",-- (a) a person shall be deemed to "reside"in any dwelling-house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and 5 (b) a person shall not be deemed to cease to "reside" in any such dwelling-house merely because he is absent from it or has elsewhere another dwelling-house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;

(45) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth;

(46) "rule" means a rule made by the Central Government under this Act by notification in the Official Gazette;

(47) "Scheduled Castes" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be Scheduled Castes under article 341 of the Constitution;

(48) "service passage" or "lane" or "bye-lane" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or electricity cable (underground or over-head) and any electrical and other allied installations or any other civic services by municipal employees or other person employed in the service thereof;.

(49) "sewage" means night-soil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bath-rooms, stables, cattle sheds and other like places and includes trade effluents and discharges from factories of all kinds;

(50) "shed" means a slight or temporary structure for shade or shelter;

(51) "street" includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway;

(52) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

(53) "trade premises" means any premises used or intended to be used for carrying on any trade or industry;

(54) "trade refuse" means the refuse of any trade or industry;

(55) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which, is used or is capable of being used on a street;

(56) "water course" includes any river, stream or channel whether natural or artificial;

(57) "water works" includes all lakes, tanks, streams, any river, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery bridges and things, used for, or intended for the purpose of, supplying water;

(58) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on;

(59) "year" means a year commencing on the 1st day of April. 6 CHAP THE COUNCIL CHAPTER II THE COUNCIL Constitution of the Council

Establishment of the Council.

3. Establishment of the Council. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal government of New Delhi, to be known as the New Delhi Municipal Council.

(2) The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.

Composition of the Council.

4. Composition of the Council. (1) The Council shall consist of the following members, namely:- (a) a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of Joint Secretary to the Government of India to be appointed by the Central Government in Consultation with the Chief Minister. of Delhi; (b) three members of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area; (c) five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and (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, artists, media persons, sports persons and any other class of persons as may be specified by the Central Government in this behalf.

(2) The Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area, shall be a special invitee for the meetings of the Council but without a right to vote.

(3) Out of the eleven members referred to in sub-section (1), there shall be at least three members who are women and one member belonging to the Scheduled Castes.

(4) The Central Government shall nominate, in consultation with the Chief Minister of Delhi, a Vice-Chairperson from amongst the

members specified in clauses (b) and (d) of sub-section (1).

Duration of the Council.

5. Duration of the Council. (1) The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) The Council.- (a) where it is dissolved before the expiry of its duration

under sub-section (1), shall be reconstituted within a period of six months of such dissolution; and (b) where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry. 7

Disqualification for membership of the Council.

6. Disqualification for membership of the Council. (1) No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.

(2) If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such member-ship, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act. Members

Oath or affirmation.

7. Oath or affirmation. (1) Every member before taking his scat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:- "I, A.B., having been nominated as a member of Council do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully discharge the duty upon which I am about to enter.".

(2) If a person sits or votes as a member before he has complied

with the requirements of sub-section (1),he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to-be recovered as arrears of tax under this Act.

Vacation of seat.

8. Vacation of seat. (1) If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his sent shall thereupon become vacant.

(2) If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, the Council may recommend to the Central Government that the scat of such member may be declared vacant. Committees of the Council

Setting-up of committees.

9. Setting-up of committees. (1) The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the 'Council may refer to them.

(2) Any such committee shall consist of members of the Council only: Provided that a committee may, with the sanction of the Council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.

(3) Each committee constituted under this section shall be presided by the chairperson of the Council.

(4) Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf. 8 CHAP FUNCTIONS OF THE COUNCIL CHAPTER III FUNCTIONS OF THE COUNCIL

General powers of the Council.

10. General powers of the Council. (1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal government of New Delhi shall vest in the Council.

(2) Without prejudice to the generality of the provisions of

sub-section (1), it shall be the duty of the Council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.

(3) The Council may at any time require the Chairperson- (a) to produce any record, correspondence, plan or other document which is in his possession or under his control,as Chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of New Delhi; (c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of New Delhi.

(4) Every such requisition shall be complied with by the Chairperson without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Chairperson in pursuance of any such requisition: Provided that the Chairperson shall not be bound to comply with any such requisition if with the previous approval of the Administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Council.

Obligatory functions of the Council. 11. Obligatory functions of the Council. Subject to the provisions of this Act and any other law for the time being in force, it shall be incumbent on the Council to make adequate provisions by any means or measures which it may lawfully we or take, for each of the following matters, namely:- (a) the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences; (b) the construction and maintenance of works and means for providing supply of water for public and private purposes; (c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters; (d) the construction or purchase, maintenance, extension, management for- (i) supply and distribution of electricity to the public; (ii) providing a sufficient supply of pure and wholesome water; (e) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (f) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose; (g) the registration of births and deaths; (h) public vaccination and inoculation; (i) measures for preventing and checking the spread of dangerous diseases; (j) the establishment and maintenance of Hospitals, dispensaries and 9 maternity and child welfare centres and tile carrying out of other measures necessary for public medical relief; (k) the construction and maintenance of municipal markets and regulation of all markets; (l) the regulation and abatement of offensive or dangerous trade or practices; (m) the securing or removal of dangerous buildings and places; (n) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like; (o) the fighting, watering and cleansing of public streets and other public places; (p) the removal of obstructions and projections in or upon streets" bridges and other public places; (q) the naming and numbering of streets and premises; (r) the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the Central Government from time to time; (s) the maintenance of municipal offices; (t) the laying out or the maintenance of public parks, gardens or recreation grounds; (u) the maintenance of monuments and memorials vested in any local authority in New Delhi immediately before the commencement of this Act or which may be vested in the Council after such commencement; (v) the maintenance and development of the value of all properties vested in or entrusted to the management of the Council; (w) the preparation of plans for economic development and social justice; (x) the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of this Act; (y) sanction or refuse erection or re-erection of buildings; and (z) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.

Discretionary functions of the Council. 12. Discretionary functions of the Council. Subject to any general or special order of the Government, or the Central Government from time to time, the Council may provide either wholly or in part for all or any of the following matters, namely:- (a) the furtherance of education including cultural and physical. education, by measures other than the establishment and maintenance of, and aid to, schools for primary education; (b) the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections; (c) the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games; (d) the planting and care of trees on roadsides and elsewhere; (e) the surveys of buildings and lands; (f) the registration of marriages; (g) the taking of a census of population; (h) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; (i) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas; (j) the organisation and management of fairs and-exhibitions; 10 (k) the acquisition of movable or immovable property for any of the purpose before mentioned, including payment, of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of building necessary for such purposes; (l) the construction and maintenance of- (i) rest-houses, (ii) poor-houses, (iii) infirmaries, (iv) children's homes, (v) houses for the deaf and dumb and for disabled and handicapped children, (vi) shelters for destitute and disabled persons, (vii) asylums for persons of unsound mind; (m) the construction and maintenance of cattle pounds; (n) the building or purchase and maintenance of dwelling- houses for municipal officers and other municipal employees; (o) any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles; (p) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; (q) the provision for relief to destitute and disabled persons; (r) the establishment and maintenance of veterinary hospitals; (s) the Organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (t) the Organisation and management of farms and dairies within or without New Delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of New Delhi; (u) the Organisation and management of cottage industries, handi craft centres and sales emporia; (v) the construction and maintenance of warehouses and godowns; (w) the construction and maintenance of garrages, sheds and stands for vehicles and cattle biers; (x) the provision for unfiltered water Supply; (y) the improvement of New Delhi in accordance with improvement schemes approved by the Council; (z) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare. CHAP THE CHAIRPERSON CHAPTER IV THE CHAIRPERSON

Appointment, etc., of the Chairperson.

13. Appointment, etc., of the Chairperson. (1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Chairperson of the Council in accordance with

clause (a) of sub-section (1) of section 4.

(2) The Chairperson so appointed shall hold office for a term of five years in the first instance: Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time: Provided further that where the Chairperson holds a lien on any service under the Central Government or the Government, 11 the Central Government may at any time after reasonable notice to the Council replace his services at the disposal of the concerned Government.

(3) The Central Government may remove the Chairperson from office at any time if it appears to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient.

(4) The Chairperson shall not undertake any work unconnected with his office without the sanction of the Central Government and of the Council.

Leave of absence of Chairperson.

14. Leave of absence of Chairperson. (1) Leave may be granted to the Chairperson by the Administrator.

(2) Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place.

Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson. 15. Appointment of officiating Chairperson in case of death, resignation or removal of Chairperson. If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section 13.

Salary and allowances of the Chairperson and members.

16. Salary and allowances of the Chairperson and members. (1) The Chairperson shall be paid out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government: Provided that the salary of the Chairperson shall not be varied to his disadvantage after his appointment.

(2) The members shall be entitled to receive allowances for attendance at meeting of Council and of any of its committees at such rates as may be determined by rules made in this behalf.

Service regulations of members. 17.Service regulations of members. If a member is an officer in the service of the Government or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be. 12

Functions of the Chairperson. 18. Functions of the Chairperson. Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also- (a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force; (b) prescribe the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service; (c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Council, or danger to human life, take suck immediate action as he considers necessary and make a report forthwith to the Council and the Administrator of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget- grant; and (d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other, municipal employees.

Chairperson not to be interested in any contract, etc., with the Council. 19.Chairperson not to be interested in any contract, etc., with

the Council. (1) A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson.

(2) If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest

in any such contract or work as is referred to in sub-section (1), he shall unless the Central Government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act: Provided that before an order of removal is made the Chairperson shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

Exercise of powers to be subject to sanction. 20. Exercise of powers to be subject to sanction. Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely:- (a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget- grant; and (b) that if the exercise of such powers or the performance of such duty involves or is likely to involve expenditure for any 'period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Council. 13 CHAP PROCEDURE CHAPTER V PROCEDURE Transaction of business by the Council

Meetings.

21. Meetings. (1) The Council shall ordinarily hold at least one meeting in every month for the transaction of business.

(2) The Chairperson and in his absence the Vice Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Council.

(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.

First meeting of the Council. 22. First meeting of the Council. The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator.

Notice of meetings and business. 23. Notice of meetings and business. A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given: Provided that any member may send 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 all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit.

Quorum.

24. Quorum. (1) The quorum necessary for the transaction of business at a meeting of the Council shall be prescribed by the Central Government.

(2) If at any time during a meeting of the Council, there is no quorum, it shall be the duty of the Chairperson or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.

(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.

Presiding Officer.

25. Presiding Officer. (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 meeting shall have and exercise a second or a casting vote in all cases of equality of votes.

Method of deciding questions.

26. Method of deciding questions. (1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting.

(2) The voting-shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.

Members not to vote on matter in which they are interested. 27. Members not to vote on matter in which they are interested. No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.

Right to attend meetings of Council and its committees, etc., and right of members and to ask questions in relation to the municipal government of New Delhi. 28. Right to attend meetings of Council and its committees, etc., and right of members and to ask questions in relation to the municipal

government of New Delhi. (1) Any municipal officer authorised by the Chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Council or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting. 14

(2) A member may, subject to the provisions of ;sub-section (3), ask the Chairperson questions on any matter relating to the municipal government of New Delhi or the administration of this Act in any meeting of the Council.

(3) The right to ask a question shall be governed by the following conditions, namely:- (a) not less than seven clear days' notice in 'writing specifying the question shall be given to the Secretary; (b) no question shall- (i) bring in any name or statement not strictly necessary to make the. question intelligible, (ii) contain argument, ironical expressions, imputations, epithets or defamatory statements, (iii) ask for an expression of opinion or the solution of a hypothetical proposition, (iv) ask as to the character or conduct of any person except in his official or public capacity, (v) relate to a matter which is not primarily the concern of the Council, (vi) make or imply a charge of a personal character, (vii) raise questions of policy too large to be dealt with within the limits of an answer to a question, (viii) repeat in substance questions already answered or to which an answer has been refused, (ix) ask for information on trivial matters, (x) ordinarily' ask for information on matters of past history, (xi) ask for information set forth in accessible documents or in ordinary works of reference, (xii) raise matters under the control of bodies or persons not primarily responsible to the Council, (xiii) ask for any information on matter which is under adjudication by a court of law.

(4) The Chairperson shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the Chairperson it-cannot be, answered without prejudice to public interest or the interest of the Council.

(5) The Council may make regulations for the transaction of business at its meetings: Provided that the time, place and procedure for the first meeting after the constitution of the Council under section 4 shall be determined by the Administrator.

Keeping minutes proceedings. 29. Keeping minutes proceedings. Minutes in which shall be recorded the names of the members present at, and and the proceedings of each meeting of the Council, and every other committee constituted

under subsection (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before 'the next. ensuing meeting of the Council, or of such committee, as the case may be, and signed at such. meeting by the presiding officer thereof. 15

Circulation of minutes and inspection of minutes and reports of proceedings. 30. Circulation of minutes and inspection of minutes and reports

of proceedings. (1) Minutes of the proceedings of each meeting of the Council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person on payment of a fee of two rupees.

(2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees.

Forwarding minutes and reports of proceedings to the Administrator. 31. Forwarding minutes and reports of proceedings to the

Administrator. (1) The Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29.

(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a copy of such paper or papers.

(3) The Secretary shall also forward to the Administrator as soon

as may be after the date referred to in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be prepared. Validation

Validation of proceedings, etc.

32. Validation of proceedings, etc. (1) No act done or proceedings taken under this Act shall be questioned on the ground merely of- (a) the seat of any member remaining unfilled from any cause whatsoever; (b) the existence of any vacancy in, or any defect in the constitution of, the Council or in any committee thereof; (c) any member having voted or taken part in any proceedings in contravention of section 27; (d) any defect or irregularity not affecting the merits, of the case.

(2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities. CHAP MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES CHAPTER VI MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES

Appointment of certain officers.

33. Appointment of certain officers. (1) The Council shall appoint suitable persons to be the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if 'any, as may be fixed by the Council' Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.

(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.

Schedule of permanent posts and creation of temporary posts. 34. Schedule of permanent posts and creation of temporary posts.

(1) The Chairperson shall from time to time prepare and lay before the Council a Schedule of category 'A' and category 'B' posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other 'municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. 16

(2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.

(3) The Chairperson may create any category V, or category 'C', or Category 'D' post and for a period not exceeding six months any category 'A' post: Provided that no such category 'A' post shall be beyond the said period without the previous approval of the Council.

(4) In this section and in section 36 -- (i) "category 'A' post" means any post, which having regard to its scale. of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'A' post under the Central Government in accordance with the orders issued by that Government from time to time; (ii) "category 'B' post" means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'B' post under the Central Government in accordance with the orders issued by that Government from time to time; (iii) "category 'C' posts" means any post, which having regard to its scale of pay or emoluments would, if such post had been in the Central Government, be classified as a Group 'C' post under the Central Government, in accordance with the orders issued by that Government from time to time; (iv) "category 'D' posts" means any post, other than a category 'A' or category 'B' or category 'C' post.

Restriction on employment of permanent officers and other employees. 35. Restriction on employment of permanent officers and other employees. No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been

appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.

Power to make appointments.

36. Power to make appointments. (1) Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent,- (a) to category 'A', category V and category 'C' posts, shall vest in the Chairperson; and (b) to category 'D' posts shall vest in the Secretary.

(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.

Officers and other employees not to undertake not to undertake any extraneous work. 37. Officers and other employees not to undertake not to undertake any extraneous work. No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson. 17

Officers and other employees not to be interested in any contract, etc., contract, etc., with the Council. 38. Officers and other employees not to be interested in any

contract, etc., contract, etc., with the Council. (1) A person shall be disqualified. for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Council other than as such officer or employee.

(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-

section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority: Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Punishment for municipal officers and other employees.

39. Punishment for municipal officers and other employees. (1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to, be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty of other misconduct by such authority as may be prescribed by regulation: Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed: Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.

(2) No such officer or other employee shall be punished under

sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. Provided that this sub-section shall not apply- (a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge,, or (b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.

(3) If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of

showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.

(4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations: Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator.

Consultation with the Union Public Service Commission. 40. Consultation with the Union Public Service Commission. No appointment to any category A post within the meaning of clause (i) of

sub-section (4) of section 34 shall be made except after consultation with the Commission: 18 Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment- (a) to any acting or temporary post for a period not exceeding one year; or (b) to such ministerial posts as may from time to, time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or (c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post; (d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or (e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission.

Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council. 41. Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and

the Council. (1) The Commission may make regulations for the following matters, namely:- (a) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview; (b) the procedure to be followed by the Commission for selecting candidates for appointment and by the Council for consultation with the Commission; (c) any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission.

(2) In the case of any difference of opinion between the Commission and the Council on any matter, the Council shall refer the matter to the Central Government and the decision of that Government thereon shall be final.

Recruitment to category B and category C post. 42. Recruitment to category B and category C post. The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it.

Power of Council to make regulations.

43. Power of Council to make regulations. (1) The Council may make regulations to provide for any one or more of the following matters, namely:- (a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this Chapter; (b) the powers, duties and functions of Secretary; (c) the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the

Schedule of posts referred to in sub-section (1) of section 34 and the manner of selection for appointments to such posts; 19 (d) the procedure to be followed in imposing any penalty

under sub-section (1) of section 39, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered; the officer or authority to whom an appeal shall lie under sub-

section (4) of that section; (e) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Council and any other matter for which in the opinion of the Council provisions should be made by regulations.

(2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the Commission. CHAP REVENUE AND EXPENDITURE CHAPTER VII REVENUE AND EXPENDITURE The New Delhi Municipal Fund

Constitution of the New Delhi Municipal Fund.

44. Constitution of the New Delhi Municipal Fund. (1) Save as otherwise provided in this Act- (a) all funds which immediately before the establishment of the Council vested in the New Delhi Municipal Committee; (b) all moneys received by or on behalf of the Council under the provisions of this Act or of any other law for the time being in force, or under any contract; (c) all proceeds of the disposal of property by, or on behalf of, the Council; (d) all rents accruing from any property of the Council; (e) all moneys raised by any tax, rate or cess levied for the purposes of this Act; (f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law made thereunder; (g) all moneys received by or on behalf of the Council from the Government of Central Government or any individual or association of individuals by way of grant or gift or deposit; (h) all interests and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Council, including loans advanced under this Act; and (i) all moneys received by or on behalf of the Council from any other source whatsoever, shall form one Fund to be entitled "the Municipal Fund of New Delhi" (hereafter in this Act referred to as "the New Delhi Municipal Fund").

(2) The New Delhi Municipal Fund shall be held by the Council in trust for the purposes of this Act subject to the provisions herein contained and a General Account relating to all moneys received by or on behalf of the Council shall be maintained. 20

New Delhi Municipal Fund to be kept in the State Bank of India. 45. New Delhi Municipal Fund to be kept in the State Bank of India. All moneys payable to the credit of the New Delhi Municipal Fund in the General Account shall be received by the Chairperson and shall be forthwith paid into the State Bank of India to the credit of the said Account which shall be entitled "The General Account of the New Delhi Municipal Fund ".

Operation of the Accounts.

46. Operation of the Accounts. (1) Save as otherwise provided in this Act no payment shall be made by the State Bank of India out of the Now Delhi Municipal Fund except on a cheque signed by both- (a) the Financial Adviser or an officer subordinate to him authorised by the Chairperson in this behalf; and (b) the Chairperson or the Secretary or an officer subordinate to the Chairperson authorised by him in this behalf,

(2) Payment of any sum due by the Council in excess of five hundred rupee shall be made by means of a cheque signed in accordance

with sub-section (1) and not in any other way.

(3) Payments not covered by sub-section (2) may be made in cash.

Payments not to be made unless covered by a budget-grant. 47. Payments not to be made unless covered by a budget-grant. No payment of any sum out of the New Delhi Municipal Fund shall be made unless the expenditure of the same is covered by a current budget- grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act: Provided that this section shall not apply to payments made in the following classes of cases, namely:- (a) refund of taxes and other moneys which are authorised under this Act; (b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the New Delhi Municipal Fund by mistake; (c) sums payable in any of the following circumstances- (i) under orders of the Central Government on failure of the Council to take any action as required by that Government; or (ii) under any other enactment for the time being in force; or (iii) under the decree or order of a civil or criminal court posted against the Council; or (iv) under a compromise of any claim, suit or other legal proceedings; or (v) on account of cost incurred in taking immediate action by the Chairperson under clause (c) of section 18 to avert a sudden threat of danger to the property of the Council or to human life; (d) temporary payments for works urgently required by the Central Government in the Public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder; (f) expenses incurred under section 287 by the Chairperson on special measures taken on the outbreak of dangerous diseases.

Duty of persons signing cheques. 48. Duty of persons signing cheques. Before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either- (a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget- grant, or (b) required for any payment referred to or specified in section 47. 21

Procedure when money not covered by a budget-grant is expended. 49. Procedure when money not covered by a budget-grant is expended. Whenever any sum is expended under clauses (c) (e) or (f) of the proviso to section 47, the Chairperson shall forthwith communicate the circumstances to the Council, which may take such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.

Application of New Delhi Municipal Fund.

50. Application of New Delhi Municipal Fund. (1) The moneys from time to time credited to the New Delhi Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.

(2) Such moneys shall likewise be applied in payment of all sums payable out of the New Delhi Municipal Fund under any other enactment for the time being in force.

Temporary payments form the New Delhi Municipal Fund for works urgently required for the public service. 51. Temporary payments form the New Delhi Municipal Fund for

works urgently required for the public service. (1) On the written requisition of a Secretary to the Central Government, the Chairperson may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the New Delhi Municipal Fund so far as the same can be met without unduly interfering with the regular work of the Council.

(2) The cost of work so executed and of the establishment engaged in executing the same shall be paid by the Central Government and credited to the New Delhi Municipal Fund.

(3) On the receipt of any requisition under sub-section (1) the Chairperson shall forthwith forward a copy thereof to the Council together with a report of the steps taken by him in pursuance of the same.

Investment of surplus moneys.

52. Investment of surplus moneys. (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 50 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.

Constitution of Finance Commission.

53. Constitution of Finance Commission. (1) After the commencement of this Act the Finance Commission referred to in sub-

section (1) of section 107A of the Delhi Municipal Corporation Act, 1957, (66 of 1957.) shall review the financial position of the Council and make recommendations to the Administrator as to,- (a) the principles which should govern,- (i) the distribution between the National Capital Territory of Delhi and the Council of the not proceeds of the taxes, duties, tolls and fees leviable by the National Capital Territory of Delhi 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 Found of the National Capital Territory of Delhi; 22 (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 the Commission under this section together within an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of the National Capital Territory of Delhi. Special Funds

Constitution of special funds.

54. Constitution of special funds. (1) The Council shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.

(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations. Budget estimates

Adoption of special funds.

55. Adoption of special funds. (1) The Council shall, on or before the 31st day of March of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of the Council to be received and incurred on account of the municipal government of New Delhi.

(2) On or before the 15th day of February of each year the Council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Act 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.

Power of Council to alter budget estimates.

56. Power of Council to alter budget estimates. (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 Act and in making any increase or any additional budget-grant, the 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. 23

(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 estimates 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) The Chairperson may from time to time during the year sanction the transfer of any amount not exceeding ten thousand rupees within a minor head if such transfer does not involve a recurring liability: Provided that every such transfer if it exceeds ten thousand rupees shall be reported forthwith by the Chairperson to the Council and the Chairperson shall give effect to any order that may be passed by the Council in relation thereto.

Power of Council to readjust income and expenditure during the year. 57. Power of Council to readjust income and expenditure during

the year. (1) If at any time during the year it appears to the Council that, notwithstanding any reduction of budget grant that has been made under section 56 the income of the New Delhi Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to sub-

section (1) of section 56, then, it shall be incumbent on the Council to sanction forthwith any measures which it may consider necessary for adjusting the year's income to the expenditure.

(2) For the purposes of sub-section (1), the Council may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this Act, or have recourse to supplementary taxation under section 97 or to an increase of the rates of cesses, fees, fares and other charges leviable under this Act, or to adopt all or any of these methods.

(3) If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Chairperson may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object. ACCOUNT AND AUDIT Scrutiny and audit of accounts

Accounts to be kept. 58. Accounts to be kept. These shall be kept in such manner and in such form as may be prescribed by regulations the General Account of all receipts and expenditures of the Council. 24

Audit.

59. Audit. (1) The Chief Auditor shall conduct a monthly examination and audit of the accounts of the Council and shall report thereon to the Chairperson, who shall publish monthly an abstract of the receipts and expenditure of the month last proceeding signed by him and by the Chief Auditor.

(2) The Chairperson may also, from time to time and for such period, as he may think fit, conduct independently any examination and audit of the accounts of the Council.

(3) For the purpose of examination and audit of the accounts of the Council, the Chief Auditor shall have access to all the accounts of the Council and to all records and correspondence relating thereto.

(4) The Chief Auditor shall audit the accounts of the Council with the assistance of the officers and other employees subordinate to him.

(5) In the discharge of his functions under this, section the Chief Auditor shall,-- (a) audit the accounts of expenditure from the revenue of the Council, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as have been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it; (b) audit the accounts of debts, deposits, sinking funds, advances, suspense and remittance transactions of the Council and report upon those accounts and upon the results of verification of the balance relating thereto.

(6) The Chief Auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the Council including the trading, manufacturing and profit and loss accounts, and the balance-sheets where such accounts are maintained under the orders of the Council and shall certify and report upon these accounts.

(7) The Chief Auditor shall in consultation with the Chairperson and subject to any directions given by the Council determine 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 of the Council to provide any information necessary for the preparation of these reports.

(8) 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. 25

(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.

(10) The power of the Chief Auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to expenditure from the revenues of the Council shall be such as may be prescribed by the Chairperson in Consultation with Chief Auditor, and with the approval of the Council.

(11) If the Chief Auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate he may require that those accounts, together with all books and documents having relation thereto, shall at all convenient times be made available in the said offices for inspection,

(12) The Chief Auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him: Provided that if the documents are confidential, he shall be responsible for preventing disclosure of their contents.

(13) The Chief Auditor shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly, in respect of the method and the extent of audit to be applied and the raising and pursuing the objections.

(14) Expenditure sanctioned by the Chief Auditor shall be audited by an officer to be nominated by the Council.

(15) The Chief Auditor shall report to the Chairperson any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Council or in the accounts of the Council.

(16) The Chairperson shall cause to be laid before the Council every report made by the Chief Auditor to the Chairperson and every statement of the views of the Chief Auditor on any matter affecting the exercise and performance of the powers and duties assigned to him under this Act and the Council may take such action in regard to any of the matters as aforesaid as the Council may deem necessary.

(17) As soon as may be after the commencement of each year, the Chief Auditor shall deliver to the Council a report of the entire accounts of the Council for the previous year.

(18) The Chairperson shall cause the said report to be printed and shall forward as soon as may be printed copy thereof to each member of the Council. 26

(19) The Chairperson shall also forward without delay to the Government so many copies of the said report, as may be required by the Government with a brief statement of the action taken Or proposed to be taken if any: Provided that the Government may at any time appoint auditor for the purpose of making a special audit of the General Account of the New Delhi Municipal Fund and reporting thereon to the Government and the costs of such audit, as determined by the Government, shall be chargeable to the New Delhi Municipal Fund. The auditor so appointed may exercise any power which the Chief Auditor may exercise. CHAP TAXATION CHAPTER VIII TAXATION Levy of taxes

Taxes to be imposed by the Council under this Act.

60. Taxes to be imposed by the Council under this Act. (1) The Council shall for the purposes of this Act, levy the following taxes, namely:- (a) property tax; (b) a tax on vehicles and animals; (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 (f) 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 Act; 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 (1) and sub-section (2) shall be levied, 27 assessed and collected in accordance with the provisions of this Act and the bye-laws made thereunder. Property tax

Rates of property tax.

61. Rates of property tax. (1) Save as otherwise provided in this Act, the property tax shall be levied on lands and buildings in New Delhi and shall consist of not less than ten and not more than thirty per cent. of the rateable value of lands and buildings: Provided that the Council may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding one-half of the rate so fixed: Provided further that the tax may be levied on graduated scale, if the Council so determines. Explanation. Where any portion of a land or building is liable to a higher rate of the tax such portion shall be deemed to be a separate property for the purpose of municipal taxation.

(2) The Council may exempt from the tax lands and buildings of which the rateable value does not exceed one thousand rupees.

Premises in respect of which property tax is to be levied. 62. Premises in respect of which property tax is to be levied.

(1) Save as otherwise provided in this Act, the property tax shall be levied in respect of all lands and buildings in New Delhi except- (a) lands and buildings or portions 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, education and medical relief but does not include a purpose which relates exclusively to religious teaching., (b) lands and buildings vested in the Council, in respect of which the said tax, if levied, would under the provisions of this Act 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 deemed to be exclusively occupied and used for public worship or for a

charitable purpose within the meaning of clause (a) of sub-section (1) if any trade or business is carried on in such lands and buildings or portions thereof or if in respect of such lands and buildings or portions thereof, any rent is derived.

(3) Where any portion of any land or building is exempt from the property tax by reason of its being exclusively occupied and used for public worship or for a charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation. 28

Determination of rateable value of lands and buildings assessable to property tax. 63. Determination of rateable value of lands and buildings

assessable to property tax. (1) The rateable value of any lands or building assessable to any property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year to year less a sum equal to ten per cent of the said annual rent which shall be in lieu of all allowances for costs of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to command that rent: Provided that in respect of any land or building the standard rent of which has been fixed under the Delhi Rent Control Act, 1958 the rateable value thereof shall not exceed the annual amount of the standard rent so fixed.

(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 per cent. 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 to 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 for supply of water.

64. Charge for supply of water. (1) A charge shall be levied for the water supplied to any land or building by measurement at such rate as shall from time to time be prescribed by the Council in this behalf.

(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 inconsistent with this Act or with any bye-law made thereunder.

(3) Any sum payable by a person, who is charged for water supplied, and not paid when it becomes due shall be recoverable as an arrear of tax under this Act.

(4) In prescribing charges for water supplied by measurement

under sub-section (1), it shall be lawful for the Council to prescribe different rates in respect of different classes of lands and buildings.

Taxation of Union properties.

65. Taxation of Union properties. (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the property tax specified in section 61: Provided that nothing in this sub-section shall prevent the Council from levying property tax on such lands and buildings to which immediately before the 26th January, 1950, they were liable or treated as liable, so long as that tax continues to be levied by the Council on other lands and buildings. 29

(2) Where the possession of any land or building, being property of the Union, has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954.) to a displaced person, or any association of displaced persons, whether incorporated or not, or to any other person hereafter in this

sub-section and the proviso to sub-section (1) of section 66 referred to as the transferee, the property tax specified in section 61 shall be leviable and shall be deemed to have been leviable in respect of such land or building with effect from the 7th day of April, 1958 or the date on which possession thereof has been delivered to the transferee, whichever is later, and such property tax shall, notwithstanding anything contained in any other provision of this Act, be recoverable with effect from that day or date, as the case may be.

Incidence of property tax.

66. Incidence of property tax. (1) The property tax shall be primarily leviable as follows:- (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 let the same vests: Provided that the property tax in respect of land and building, being property of the Union, possession of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 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 arc in the occupation of such tenant or a sub-tenant of such tenant. Explanation.-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 or any installment thereof payable during the period of such ownership shall be joint and several.

Apportionment of liability for property tax when the premises are let or sub-let. 67. Apportionment of liability for property tax when the premises

are let or sub-let. (1) If any land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property tax levied upon him and the amount which would be leviable upon him if the said tax was calculated on the amount of rent payable to him.

(2) If the land or building is sub-let and its rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding under the sub-tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from such tenant or sub-tenant and the amount of property tax which would be liable in respect of the said land or building if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives and the amount of rent which he pays.

(3) Any person entitled to receive any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same. 30

Recovery of property tax from occupiers.

68. Recovery of property tax from occupiers. (1) On the failure to recover any sum due on account of property tax in respect of any land or building from the person primarily liable therefor under section 66, the Chairperson shall recover from every occupier of such land or building by attachment, in accordance with section 108 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.

(2) An occupier from whom any sum is recovered under sub-section

(1) shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due from him to such person.

Property tax a first charge on premises on which it is assessed. 69. Property tax a first charge on premises on which it is assessed. Property tax due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Council or Government or Central Government thereon, be a first charge- (a) in the case of any land or building held immediately from the Council or Government or Central Government, upon the interest in such land or building of the person liable for such tax and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person; and (b) in the case of any other land or building, upon such land or building and upon the goods and other movable, properties, if any, found within or upon such land or building and belonging to the person liable for such tax. Explanation--The term "property tax" in this section shall be deemed to include the costs on recovery of property tax and the penalty, if any, payable as specified in the bye-laws.

Assessment list.

70. Assessment list. (1) Save as otherwise provided in this Act, the Council shall cause an assessment list of all lands and buildings in New Delhi to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.

(2) When the assessment list has been prepared the Chairperson shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.

(3) The Chairperson shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable values of lands and buildings entered in the assessment list; and in all cases in which any land or building is for the first time assessed, or the rateable, value of any land or building is increased, he shall also give written notice thereof to the 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 the assessment list shall be made in writing to the Chairperson before the date fixed in the notice and shall state in what respect the rateable value, or other matter is disputed, and all objections so made shall be recorded in a register to be kept for the purpose.

(5) The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person 31 or by authorised agent, by the Chairperson or by any officer of the Council authorised in this behalf by the Chairperson.

(6) When all objections have been disposed of, and the revision of the rateable value has been completed, the assessment list shall be authenticated by signature of the Chairperson or, as the case may be, the officer authorised by him in this behalf, who shall certify that except in the cases, if any in which amendments have been made as shown therein, no valid objection has been made to the rateable value or any other matter entered in said list.

(7) The assessment list so authenticated shall be deposited in the office of the Council and shall be open, free of charge during office hours to all owners, lessees and occupiers of lands and buildings comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

Evidential value of assessment list. 71. Evidential value of assessment list. Subject to such alterations as may thereafter be made in the assessment list under section 72 and to the result of any appeal made under the provisions of this Act, the entries in the assessment list authenticated and deposited as provided in section 70 shall be accepted as conclusive evidence for the purpose of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries respectively relate.

Amendment of assessment list.

72. Amendment of assessment list. (1) 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 for 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 canceling 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, mistake or accident; or (g) by inserting or altering an entry in respect of any building erected, reerected, altered or added to, after the preparation of the assessment list: Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the notice under

sub-section (2) is given.

(2) Before making any amendment under sub-section (1) the Chairperson shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objection which may be made by such person. 32

Preparation of new assessment list. 73. Preparation of new assessment list. It shall be in the discretion of the Chairperson to prepare for the whole or any pan of New Delhi, a new assessment list every year or to adopt the rateable value contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable value for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable value as if a new assessment list had been prepared.

Notice of transfers.

74. Notice of transfers. (1) Whenever the title of any person primarily liable for the payment of property tax on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of much transfer in writing to the Chairperson.

(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Chairperson within six months from the date of the death of the deceased.

(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the Chairperson any document evidencing the transfer or devolution.

(4) Every person who makes a transfer as aforesaid without giving such notice to the Chairperson shall, in addition to any penalty to which he may be subjected under the provisions of this Act, continue to be liable for the payment of property tax from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the Chairperson's book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax.

(5) The Chairperson shall record every transfer or devolution of title notified 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-registrar of New Delhi appointed under the Registration Act, 1908, (16 of 1988.) shall furnish such particulars regarding the registration of instruments of transfer of immovable properties in New Delhi, as the Chairperson may from time to time requires

(7) Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected or, if the Chairperson so requests, by periodical returns at such intervals as the Chairperson may fix.

Notice of erection of building etc. 75. Notice of erection of building etc. When any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property tax assessed on the building shall give notice thereof in writing to the Chairperson within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or reoccupation; and property tax shall be assessable on the building from the said date.

Notice of demolition or removal of buildings.

76. Notice of demolition or removal of buildings. (1) When any building or any portion of a building, which is liable to the payment of property tax is demolished or removed, otherwise than by order of the Chairperson, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Chairperson.

(2) Until such notice is given, the person aforesaid shall continue to be liable to the payment of such property tax as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed. 33

Power of Chairperson to call for information and returns and to enter and inspect premises. 77. Power of Chairperson to call for information and returns and

to enter and inspect premises. (1) To enable him to determine the rateable value of any land or building and the person primarily liable for the payment of property tax leviable in respect thereof, the Chairperson may require the Owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Chairperson fixes in this behalf, with information or with a written return signed by such owner or occupier- (a) as to the name and place of residence of the owner or occupier, or of both the owner and occupier of such land or buildings; (b) as to the measurements or dimensions of such land or building or of any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and (c) as to the actual cost or other specified details connected with the determination of the value of such land or building.

(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief.

(3) Whoever omits to comply with any such requisition or fails to give true information or to make a true return to the best of his knowledge or belief, shall, in 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.

Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property. 78. Premises owned by, or let to two or more persons in severalty to be ordinarily assessed as one property. Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Chairperson shall for the purpose of assessing such land or building to property tax treat the whole of it as one property: Provided that the Chairperson may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severalty, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to property tax accordingly.

Assessment in case of amalgamation of premises. 79. Assessment in case of amalgamation of premises. If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Chairperson shall on such amalgamation assign to them one or more number and assess them to property tax accordingly: Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any reevaluation of any of the said premises. 34

Power of Chairperson to assess separately outhouses and portions of buildings. 80. Power of Chairperson to assess separately outhouses and portions of buildings. The Chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building..

Power of Chairperson to employ valuers.

81. Power of Chairperson to employ valuers. (1) The Chairperson may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shag have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Chairperson, to enter on, survey and value any land or building which the Chairperson may direct him to survey and value.

(2) No person shall willfully delay or obstruct any such person in the exercise of any of his powers under this section. Tax on vehicle's and animals

Tax on certain vehicles and animals and rates thereof. 82. Tax on certain vehicles and animals and rates thereof. Save as otherwise provided in this Act, a tax at the rates not exceeding those specified in the Second Schedule shall be levied on vehicles and animals of the descriptions specified in that Schedule which are kept within New Delhi.

The tax on whom leviable. 83. The tax on whom leviable. The tax on vehicles or animals shall be leviable upon the owner of or the person having possession or control of, such vehicles or animals 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 animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person: Provided further that the tax under this section shall not be levied 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 of 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 use 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 thereof for such milking 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 owners or persons constituting a family, the tax under this section shall be levied in respect of all such cows or all such she-buffaloes; (ii) where a cow and also a she-buffalo are kept by the owner or the person having the possession or control thereof or by several such owners or persons constituting a family, the tax under this section shall be levied in respect of the cow and the she-buffalo. 35

Tax when payable. 84. Tax when payable. The tax on vehicles or animals shall he payable In advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.

Power of Chairperson to compound with livery stable keeper, etc., for tax. 85. Power of Chairperson to compound with livery stable keeper, etc., for tax. The Chairperson may with the approval of the Council, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 82 which such livery stable keeper or other person would otherwise be liable to pay. Theatre-tax

Theatre-tax. 86. Theatre-tax. Save as otherwise provided in this Act, there shall he levied a tax (referred to in this Act as theatre-tax) in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the Third Schedule as the Council may determine: Provided that the theatre-tax shall not be levied in respect of any performance 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.

Liability to pay theatre-tax. 87. Liability to pay theatre-tax. Every proprietor, manager, or person-in-charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre-tax and shall 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 shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period. Tax on advertisements other than advertisements published in the newspapers

Tax on advertisements.

88. Tax on advertisements. (1) 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 advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematographs), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates 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 Parliament or the Legislative Assembly of Delhi; or (b)exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building; or (c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same; or 36 (d) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or (e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or (f) relates to any activity of the Central Government or the Government or the Council.

(2) The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-law made in this behalf. Explanation 1.--The word "structure" in this section includes any movable board on wheels used as an advertisement or an advertisement medium. Explanation 2.-The word "advertisement" in relation to a tax on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction.

Prohibition of advertisements without written permission of the Chairperson. 89. Prohibition of advertisements without written permission of

the Chairperson. (1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within New Delhi without the written permission of the Chairperson granted in accordance with bye-laws made under this Act.

(2) The Chairperson shall not grant such permission if- (a) the advertisement contravenes any bye-law made under this Act; 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 advertisement liable to the advertisement tax, the Chairperson shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

Permission of the Chairperson to become void in certain cases. 90. Permission of the Chairperson to become void in certain cases. 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 Act; (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, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof; and (e) if the building, wall, hoarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed. 37

Presumption in case of contravention. 91. Presumption in case of contravention. Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

Power of Chairperson in case of contravention. 92. Power of Chairperson in case of contravention. If any advertisement is erected, exhibited, fixed or retained in contraven- tion of the provisions of section 89, the Chairperson may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened. Duty on transfer of property

Duty on transfer of property and method of assessment thereto. 93. Duty on transfer of property and method of assessment

thereto. (1) Save as otherwise provided in this Act, 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 contained.

(2) The said duty shall be levied- (a) in the form of a surcharge on the duty imposed by the Stamp Act, 1899 (2 of 1889.) 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 per cent on the amount specified below against such instruments: ---------------------------------------------------------------------- Description of instrument Amount on which duty should be levied ---------------------------------------------------------------------- (i) Sale of immovable property. The amount of value of the conside- ration for the sale, as set forth in the instrument. (ii) Exchange of immovable The value of the property of the property greater value, as set forth in the instrument. (iii) Gift of immovable property. The value of the property as set forth in the instrument. (iv) Mortgage with possession of The amount secured by the mortgage immovable property as set forth in the instrument. (v) Lease in perpetuity of The amount equal to one sixth of immovable property. the whole amount or value of the rent which would be paid or deli- vered in respect of the first fifty years of the lease as set forth in the instrument. ---------------------------------------------------------------------- 38

Provisions applicable on the introduction of transfer duty. 94. Provisions applicable on the introduction of transfer duty. On the introduction of the duty on transfers of property- (a) section 27 of the Stamp Act, 1899, (2 of 1899.) as in force in the National Capital Territory of Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without New Delhi; (b) section 64 of the said Act shall be read as if it referred to the Council as well as the Government of National Capital Territory of Delhi. Tax on buildings payable along with the application for sanction of building plans

Tax on building applications.

95. Tax on building applications. (1) Save as otherwise provided in this Act 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

Imposition of other taxes.

96. Imposition of other taxes. (1) 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 oil 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

Supplementary taxation. 97. Supplementary taxation. 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 Act 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

Time and manner of payment of taxes. 98. Time and manner of payment of taxes. Save as otherwise provided in this Act, any tax levied under this Act 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. 39

Presentation of bill.

99. Presentation of bill. (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; (b) a theatre-tax; and (c) a tax on advertisements.

(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.

Notice of demand and notice fee.

100. Notice of demand and notice fee. (1) If the amount of the tax for which a bill has been presented under section 99 is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatre-tax or the tax on advertisements is not paid after it has, become-due, the Chairperson may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in the Sixth Schedule.

(2) For every notice of demand which the Chairperson causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by bye-laws made in this behalf, shall be payable by the said person and shall be included in the cost of recovery.

Penalty in case of default of payment of taxes.

101. Penalty in case of default of payment of taxes. (1) If the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 100 pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default.

(2) When the person liable for the payment of any tax is deemed

to be in default under sub-section (1), such sum not exceeding twenty per cent. of the amount of the tax as may be determined by the Chairperson, may be recovered from him by way of penalty, 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 Act.

Recovery of tax.

102. Recovery of tax. (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 101 may be recovered under a warrant, issued in the form set forth in the Seventh Schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, 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 Act.

(2) Every warrant issued under this section shall be signed by the Chairperson.

Distress.

103. Distress. (1) It shall be lawful for any officer or other employees of the Council to whom a warrant issued under section 102 is-addressed to distrain, wherever it may be found in any place in New Delhi; any movable property, or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:-- (a) the following property shall not be distrained:- (i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils; (ii) tools of artisans (iii) books of account; or (iv) when the defaulter is an agriculturist his implements of 40 husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood; (b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Chairperson, should not have been distrained, 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, give a written notice in the form set forth in the Eighth Schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

Disposal of distrained property and attachment and sale of immovable property. 104. Disposal of distrained property and attachment and sale of

immovable property. (1) When the property seized is subject 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 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 place 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 all 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 same 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.

Recovery from a person about to leave New Delhi or Delhi. 105. Recovery from a person about to leave New Delhi or Delhi.

(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 41 sum so due or about to become due, the amount shall be leviathan by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.

Power to institute suit for recovery. 106. Power to institute suit for recovery. Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.

Power of seizure of vehicles and animals in case of non-payment of tax thereon. 107. Power of seizure of vehicles and animals in case of non-

payment of tax thereon. (1) If the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as hereinbefore provided, the Chairperson may, at any time after the tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Chairperson may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid.

(2) The surplus, if any, remaining after the application of the

sale-proceeds under sub-section (1) shall be disposed of in the manner

laid down in subsections (6) and (7) of section 104.

Occupiers may be required to pay rent towards satisfaction of property tax. 108. Occupiers may be required to pay rent towards satisfaction

of property tax. (1) For the purposes of recovering the amount of any property tax from any occupier under section 68, 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 liable 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 Act. Remission and refund

Demolition etc., of buildings. 109. Demolition etc., of buildings. If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Chairperson may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.

Remission or refund of tax.

110. Remission or refund of tax. (1) If any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson shall remit or refund, as the case may be, two-thirds of such portion of the property tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.

(2) If any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the Chairperson 42 shall remit or refund, as the case may be, one half of such portion of the property tax assessed on the rateable value thereof, as may be, proportionate to the number of days during which the said land has remained vacant and unproductive of rent.

Power to require entry in assessment list of details of buildings. 111. Power to require entry in assessment list of details of

buildings. (1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Chairperson, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.

(2) When any tenement, the rateable value of which has been thus separately recorded has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.

Notice to be given of the circumstances in which remission or refund is claimed. 112. Notice to be given of the circumstances in which remission or refund is claimed. No remission or refund under section 110 or section 111 shall be made unless notice in writing of the fact that land, building or tenement has become vacant and unproductive of rent has been given to the Chairperson, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.

What buildings are to be deemed vacant.

113. What buildings are to be deemed vacant. (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.

Notice to be given of every occupation of vacant land or building. 114. Notice to be given of every occupation of vacant land or building. The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 110 or section 111, shall give notice of the reoccupation of such land, building or tenement within fifteen days of such reoccupation. Appeals

Appeal against assessment, etc.

115. Appeal against assessment, etc. (1) An appeal against the levy or assessment of any tax under this Act shall lie, to the court of the district judges of. Delhi,

(2) If, before or on the hearing of an appeal under this section, any question of law 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.

(3) On a reference being made under sub-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 XLVI of the First Schedule to the Code of Civil Procedure, 1908. (5 of 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.

(6) If the Council fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the Court may order the Chairperson to pay the amount to the appellant. 43

Conditions of right to appeal. 116. Conditions of right to appeal. No appeal shall be heard or determined under section 115 unless- (a) the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 70 (exclusive of the time requisite for obtaining A copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 72 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof; (b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Council.

Condonation of delay in preferring the appeal. 117. Condonation of delay in preferring the appeal. Notwithstanding anything contained in clause (a) of section 116, an appeal may be admitted after the expiration of the period prescribed therefor by that section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period.

Finality of appellate orders. 118. Finality of appellate orders. The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final: Provided that it shall be lawful for the Court upon application or on its 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

Power to inspect for purposes of determining rateable value or tax. 119. Power to inspect for purposes of determining rateable value

or tax. (1) The Chairperson may, without giving any 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 Act; (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 theatre-tax is payable or would be payable; (d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is exhibited or displayed.

(2) The Chairperson may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of such person; and every person or servant of such person so summoned shall be bound to attend before the Chairperson and to give information to the best of his knowledge and belief as to the said matters.

Composition.

120. Composition. (1) The Chairperson may with the previous sanction of Council allow any person to compound for any tax.

(2) Every sum due by reason of the composition of a tax under

sub-section (1) shall be recovered as an arrear of tax under this Act. 44

Irrecoverable debts.

121. Irrecoverable debts. (1) The Chairperson may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable: Provided that where the sum written off in favour of any person exceeds one thousand rupees, the previous sanction of the Council shall be first obtained.

(2) The Chairperson shall report to the Council every case in

which any sum has been written off under sub-section (1).

Obligation to disclose liability.

122. Obligation to disclose liability. (1) The Chairperson may, by written notice, call upon any inhabitant of New Delhi to furnish such information as may be necessary for the purpose of ascertaining- (a) whether such inhabitant is liable to pay any tax imposed by the Council under this Act; (b) at what amount he should be assessed; or (c) the rateable value of the land or building which he occupies and the name and address 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 knowledge or belief, lie shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax as the Chairperson may deem proper, and the assessment so made shall, subject to the provisions of this Act, be final.

Immaterial error not to affect liability. 123. Immaterial error not to affect liability. No assessment and no charge or demand 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 Act 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.

General power of exemption. 124. General power of exemption. The Council may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods. Taxes on entertainment and betting

Payment of proceeds of entertainment and betting taxes to Council. 125. Payment of proceeds of entertainment and betting taxes to Council. The proceeds of the entertainment and betting taxes, collected in New Delhi under the provisions of the U.P. Entertainment and Betting Tax Act 1937, (U.P. Act 18 of 1937.) as extended to the National Capital Territory of Delhi (which shall form part of the Consolidated Fund of the National Capital Territory of Delhi) 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 Act. CHAP BORROWING CHAPTER IX BORROWING

Power Council borrow.

126. Power Council borrow. (1) The Council may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act, any sums of money which may be required- (a) 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 any 45 plant, or the doing of any other thing which it has power to execute, provide or do. if the cost of carrying out the purpose in question ought to be spread over a term of years; (d) to pay off any debt due to the Central Government or the Government; (e) to repay a loan previously raised under this Act or any other Act previously in force; or (f) for any other purpose for which the Council is, by virtue of this Act or any other law fear the time being in force, authorised to borrow: Provided that- (i) no loan shall be raised without the previous sanction of the Central Government or without previous publication of the application for sanction under the Local Authorities Loans Act, 1914, (9 of 1914.) and the rules made thereunder, and (ii) the amount of loan, the rate of interest and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to

the approval of the Central Government. (2) When any sum

of money has been borrowed under subsection (1), no portion of any sum of money borrowed for any of the

purposes referred to in clause (c) of subsection (1) shall be applied to the payment of salaries and allowances to any officers or other employees other than those exclusively employed in connection with the carrying out of that purpose.

Time for repayment of money borrowed under section. 127. Time for repayment of money borrowed under section. The time for the repayment of any money borrowed under section 126 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging 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.

Form and effect of debenture. 128. Form and effect of debenture. 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.

Payment to survivors of joint payees. 129. Payment to survivors of joint payees. When any debenture or security issued under this Act 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 Act, 1872, (9 of 1872.) the debenture or security shall be payable to the survivor or survivors of such person: Provided that nothing in this section shall affect any claim by legal representative of a deceased person against such survivor or survivors.

Receipt by joint holders for interest or dividend. 130. Receipt by joint holders for interest or dividend. When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for a any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Council by the other of such persons.

Maintenance and investment of sinking funds.

131. Maintenance and investment of sinking funds. (1) The Council shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be, sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.

(2) AU money paid into the sinking funds shall, as soon as possible, be invested by the Chairperson in public securities and every such investment hall be reported by the Chairperson to the Council within fifteen days.

(3) AU dividends and other sum received in respect of any such 46 investment shall, as soon as possible after receipt, be paid into the

sinking funds and invested in the manner laid down in sub-section (2).

(4) When any part of a sinking fund is invested in New Delhi municipal debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner

laid down in subsection (2).

(5) Any investment made under this section may, subject to the

provision of sub-section (2), be varied or transposed.

Application of sinking funds. 132. Application of sinking funds. A sinking 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 has been consolidated under section 134, the Chairperson shall transfer to the sinking fund of the consolidated 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 consolidated loan.

Annual statement by Chairperson.

133. Annual statement by Chairperson. (1) 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 Council to consolidate loans.

134. Power of Council to consolidate loans. (1) Notwithstanding anything to the contrary contained in this Chapter, the Council may consolidate all or any of its loans and for that purpose may invite tenders for a new loan (to be called "the New Delhi Municipal Council 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 Government.

(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 repayable.

(4) The Council shall provide for the repayment of any such consolidated 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 132.

Priority of payment for interest and repayment of loans over other payments. 135. Priority of payment for interest and repayment of loans over

other payments. (1) All payments due from the Council for interest on and repayment of 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 from Central Government or the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the laon, the Central Government or the Government may attach the New Delhi Municipal Fund or any part thereof.

(3) After such attachment no person except an officer appointed in this behalf by the Central Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment has not 47 taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and cost due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to satisfaction of the debt due to the Central Government or the Government.

Power to make regulations. 136. Power to make regulations. The Council may make regulations to carry out the purposes of this Chapter including, in particular, the 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. CHAP PROPERTY AND CONTRACTS CHAPTER X PROPERTY AND CONTRACTS Property

Acquisition of property. 137. Acquisition of property. The Council shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, or any interest therein.

Acquisition of immovable property by agreement. 138. Acquisition of immovable property by agreement. Whenever the Council decides to acquire any immovable property for the purpose of this Act, 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.

Procedure when immovable property cannot be acquired by agreement. 139. Procedure when immovable property cannot be acquired by agreement. Whenever the Chairperson is unable to acquire any immovable property under section 138 by agreement, the Central Government may at the request of the Chairperson procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, (1 of 1894.) and on payment by the Council of the compensation awarded under that Act and of the charges incurred by that Government in connection with the proceedings, the land shall vest in the Council.

Disposal of movable property.

140. Disposal of movable property. (1) With respect to the disposal of movable property belonging to Council the Chairperson may, in his discretion, dispose of by sale or otherwise, any movable property belonging to the Council not exceeding in value in each instance one thousand rupees, or such higher amount as the Council may prescribe, or let out on hire any movable property or grant a lease of any 48 immovable property belonging to the Council including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time.

(2) In cases not covered by sub-section (1), the Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any movable property belonging to the Council.

Disposal of immovable property.

141. Disposal of immovable property. (1) The Chairperson may, with the sanction of the Council, lease, sell, let out on hire or otherwise transfer any immovable property belonging to the council.

(2) The consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition.

(3) The sanction of Council under section 140 or this section may be given either generally for any class of cases or specially for any particular case,

(4) Subject to any conditions or limitation that may be specified in any other provisions of this Act the foregoing provisions of section 140 and this section shall apply to every disposal of property belonging to the Council made under, or for any purpose of this Act.

(5) Every case of disposal of property under sub-section (1) of section 140 shall be reported by the Chairperson without delay to the Council. Contracts

Contracts by the Council. 142. Contracts by the Council. Subject to the provisions of sections 143 and 144 the Council shall be competent to enter into and perform any contract necessary for the purposes of this Act.

Procedure for making contracts. 143. Procedure for making contracts. With respect to the making of contracts, the following provisions shall have effect, namely:- (a) every such contract shall be made on behalf of the Council by the Chairperson; (b) no such contract, for any purpose which in accordance with any provision of this Act the Chairperson may not carry out without the approval or sanction of the Council shall be made by him Until and unless such approval or sanction has been duly obtained; (c) no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as the Central Government may from time to time, fix, shall be made by the Chairperson unless the same is previously approved by the Council; and (d) every contract made by the Chairperson involving an expenditure exceeding one lakh rupees but not exceeding ten lakh rupees or such higher amount as may be fixed under clause (c) shall be reported by hint, within one month after the same has been made to the Council.

Mode of executing contracts.

144. Mode of executing contracts. (1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.

(2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Council. CHAP WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION CHAPTER XI WATER SUPPLY, DRAINAGE AND SEWAGE COLLECTION General

Definitions. 145. Definitions. In this Chapter, unless the context otherwise requires. the following words and expressions in relation to water supply shall have the respective meanings given below, namely:-

(1)"communication pipe" means,- 49 (a) where the premises supplied with water abut on the part of the street in which the main 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 between 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 the communication pipe between the end thereof and the main;

(2) "main" means a pipe laid by the Council for the purpose of giving a general supply of water as distinct from a supply to individual 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 water 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 purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk;

(6) "water fittings" includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

Council may carry out surveys and formulate proposals.

146. Council may carry out surveys and formulate proposals. (1) The Council may- (a) carry out a survey of the existing consumption of and demand for water supplies in New Delhi and of the water resources in or likely to be made available in New Delhi; (b) prepare an estimate of the future water supply requirements of New Delhi; (c) carry out a survey of the existing quantity of sewage collection; (d) formulate proposals as to- (i) the existing or future water supply requirements of New Delhi; (ii) the existing or future sewage collection requirement in New Delhi including proposals for the manner in which and the place or places at which sewage should be carried and collected.

(2) If the Council is of the opinion that the works and other properties for the time being vested in the Council, are inadequate for the purpose of sufficient supply of water or for the purpose of efficient collection of sewage under this Act it may take step in accordance with the provisions of this Act for the construction of additional works, whether within New Delhi or outside New Delhi with the approval of the Administrator and for the acquisition of additional properties for such works. 50 Water supply

Functions in relation to water suppliers.

147. Functions in relation to water suppliers. (1) It shall be the duty of the Council to take steps from time to time-- (a) for ascertaining the sufficiency and wholesomeness of water supplies within New Delhi and receiving bulk supplies of water from the authority prescribed by the Central Government; (b) for providing a supply of wholesome water in pipes to every part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be Connected thereto at a reasonable cost, so, however, that this clause shall 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 Delhi where such a supply is already available at such point or points aforesaid; (c) for providing as far as possible, a supply of wholesome water otherwise than in pipes to every part of New Delhi in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part.

(2) If 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 the point or points to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost, or under clause (c) thereof, as to whether a public supply can be provided at a reasonable cost, the Council shall determine that question and thereupon it shall give effect to that determination.

(3) Without prejudice to the provisions of sub-section (1), the Chairperson shall, for the purpose of securing, so fir as is reasonably practicable, that every house has available a sufficient' supply of wholesome water for domestic purposes, exercise his powers under this Act of requiring the owners of houses to provide a supply of water thereto.

(4) The Council shall secure that the water in any water works belonging to the Council from which the water is supplied for domestic purpose is wholesome.

Water supplied for domestic purposes not to be used for non-domestic purposes. 148. Water supplied for domestic purposes not to be used for non- domestic purposes. No person shall, without the written permission of the Chairperson, use or allow to be used for other than domestic purposes water supplied for domestic purposes.

Supply of water for domestic purposes not to include any supply for certain specified purposes. 149. Supply of water for domestic purposes not to include any supply for certain specified purposes. The supply of water for domestic purposes under this Act shall not be deemed to include 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 (f) for building purposes. 51

Power to supply water for non-domestic purposes.

150. Power to supply water for non-domestic purposes. (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 supply is required and the quantity likely to be consumed.

(2) When a application under sub-section (1) is received, the Chairperson 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 fittings 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.

Use of water for extinguishing fire. 151. Use of water for extinguishing fire. Water may be used for extinguishing fire.

Power to require water supply to be taken.

152. Power to require water supply to be taken. (1) If it appears to the Chairperson that any premises in New Delhi are without supply of wholesome water.for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises is inadequate or on any sanitary grounds objectionable, the Chairperson may by notice in writing require 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 connection from the municipal water works adequate for the requirements of the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the municipal water works; and (b) to provide, supply pipes and water fittings, install and work a pump and do all such works and take all such measures as may, in the opinion of the Chairperson be necessary for the above purposes.

(2) The Chairperson may in the notice issued under sub-section

(1)specify- (a) the size, material 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 access 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; (e) the period within which any or all the requisitions specified in the notice should be carried out.

New premises not to be occupied without arrangement for water supply. 153. New premises not to be occupied without arrangement for water supply. It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of New Delhi to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chairperson that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Chairperson to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.

Public gratuitous water supply.

154. Public gratuitous water supply. (1) The Chairperson with the approval of the Council may provide gratuitous supply of wholesome water to the public within New Delhi and may, for that purpose, erect public hydrants or other conveniences.

(2) The Chairperson may with like approval close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public. 52

Power to lay mains.

155. Power to lay mains. (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 land even without such consent.

(2) Where the Chairperson, in exercise of the powers under this section, lays 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, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.

Power to lay service pipes, etc.

156. Power to lay service pipes, etc. (1) The Chairperson may, in any street whether within or without the local limits of the Council lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and 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 or otherwise.

(2) Where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, the Chairperson may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

Provision of fire hydrants.

157. Provision of fire hydrants. (1) The Chairperson shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.

(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.

(3) As soon as any such hydrant is completed, the Chairperson shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.

(4) The Chairperson may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order and from time to time renew one or more fire hydrants, to be used only for extinguishing 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. 53

Supply of water.

158. Supply of water. (1) The Chairperson may permit the owner, lessee or occupier of ally premises to connect the premises by means of 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.

Laying of supply pipes, etc.

159. Laying of supply pipes, etc. (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 forming 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 a 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), the Chairperson shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in street shall connect the communication pipe with the supply pipe.

(3) The expenses, reasonably incurred by the Chairperson in executing the work which he is required or authorised by this section to execute, shall be repaid to him by the person to whom the notice was given and may be recovered from such person as an arrear of tax under this Act: Provided that if under the provisions of this section, the Chairperson lays a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.

(4) Notwithstanding anything contained in the foregoing provisions of this section, the Chairperson may, within a reasonable time after the service of the notice upon him, require the person giving the notice either to pay to him, in advance the cost of the work, as estimated by the Chairperson or any officer authorised by in this behalf or to give security for payment thereof to his satisfaction.

(5) If any payment made to the Chairperson under sub-section (4) exceeds-the expenses which the Chairperson would be entitled to recover from the person giving the notice, the excess shall be repaid by him and if and so far as those expenses are not covered by the payment, the Chairperson may recover the balance from such person as an arrear of tax under this Act.

Power to require separate service pipes.

160. Power to require separate service pipes. (1) The Chairperson may require the provision of a separate service pipe for each of the premises supplied or to be supplied by him with water.

(2) If, in the case of any premises already supplied with water but not having a separate service pipe, the Chairperson gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the Chairperson, shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.

(3) 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 which 54 the owner was required to execute and recover the expenses reasonably incurred by him in executing the work as an arrear of tax under this Act.

Stopcocks.

161. Stopcocks. (1) On every service pipe laid after the commencement of this Act the Chairperson, shall, and on every service pipe laid before such commencement, Chairperson may, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary.

(2) Every stopcocks fitted on a service pipe after the commencement of this Act shall be placed in such position as the Chairperson deems most convenient: Provided that- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

Power of Chairperson to provide meters.

162. Power of Chairperson to provide meters. (1) The Chairperson may provide a water-meter and attach the same to the service pipe in premises connected with municipal water works.

(2) The expense of providing and attaching a meter under sub-

section (1) shall be paid out of the New Delhi Municipal Fund.

(3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by orders made by the Council in this behalf.

Presumption as to correctness of meters. 163. Presumption as to correctness of meters. Whenever water is supplied under this Chapter through a meter it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.

Prohibition of waste or misuse of water.

164. Prohibition of waste or misuse of water. (1) No person shall wilfully or negligently cause or suffer 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, that the water supplied to him by the Council is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with, a pipe belonging to the Council.

(2) If any water fittings which any person is liable to maintain is in such a condition, or so constructed or adapted as aforesaid, the Chairperson, without prejudice to his right to proceed against the person under any other provision of this Act may require that person to carry out any necessary repairs or alterations and if he fails to do so within forty-eight hours, may himself carry out the work and recover from him the expenses reasonably incurred by him in so doing, as an arrear of tax.

Power to enter premises to detect waste or misuse of water. 165. Power to enter premises to detect waste or misuse of water. The Chairperson or any municipal officer authorised by the Chairperson in writing may, between sunrise and sunset, enter any premises supplied with water by the Council in order to examine if there be any waste or misuse of such water and the Chairperson or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.

Power to test water fittings. 166. Power to test water fittings. The Chairperson may test any water fitting used in connection with water supplied by the Council. 55

Power to close or restrict use of water from polluted source of supply. 167. Power to close or restrict use of water from polluted source

of supply. (1) If the Chairperson 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 their with, 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 Act.

Water pipes, etc., not to be placed where water will be polluted. 168. Water pipes, etc., not to be placed where water will be

polluted. (1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six metres of a 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.

(2) No latrine, or cesspool shall be constructed or made with-in six metres of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.

Power to cut off private water supply or to turn off water. 169. Power to cut off private water supply or to turn off water.

(1) The. Chairperson may, subject to the conditions laid down in this behalf in the bye-laws, cut off or turn off water supply from any municipal water work to any premises or part thereof to' which a private water supply is furnished by the Council.

(2) The expenses of cutting off or turning off water supply shall be paid by the owner or occupier of premises and shall be recoverable from the owner or occupier as an arrear of tax under this Act.

Joint and several liability of owners and occupiers for offence in relation to water supply. 170. Joint and several liability of owners and occupiers for offence in relation to water supply. If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of property tax and occupiers of the said premises shall be jointly and severally liable for such offence. Drainage and sewrage

Public drains, etc., to vest in the Council.

171. Public drains, etc., to vest in the Council. (1) All public drains, all drains in, alongside or under any public street, and all sewage collection works, whether constructed out of the New Delhi Municipal Fund or otherwise and all works, materials and things appertaining 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 hereafter in this Act referred to as municipal drains.

(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage collection work so much of the sub-soil appertaining thereto as may be necessary for the said purpose shall be deemed all so to vest in the Council. 56

(4) All drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the New Delhi Municipal Fund in or upon premises not belonging to the Council whether--- (a) before or after the commencement of this Act, and (b) for the use of the owner or occupier of such premises or not, shall, unless the Council has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Council.

Control of drains and sewage collection works.

172. Control of drains and sewage collection works. (1) All municipal drains, all sewage collection and all works, materials and things appertaining thereto shall be under the control of the Chairperson.

(2) The Chairperson shall maintain and keep in repair all municipal drains and sewage collection works and when authorised by the council'., shall construct as many new drains and sewage collection works as may from time to time be necessary for effectual drainage and sewage collection.

Certain matters not to be passed into municipal drains.

173. Certain matters not to be passed into municipal drains. (1) No person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain- (a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, o. prejudicial to health; or (c) any dangerous petroleum.

(2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934. (30 of 1934.)

Application by owners and occupiers to drain into municipal drains. 174. Application by owners and occupiers to drain into municipal

drains. (1) Subject to such conditions as may be prescribed by bye- laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within New Delhi may apply to the Chairperson to have his drain made to communicate with the municipal drains and thereby to discharge foul water 'and surface water from those premises or that private drain: Provided that nothing in this sub-section shall entitle any person- (a) to discharge directly or indirectly into any municipal' drain- (i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or (ii) any liquid or other matter the discharge of which into municipal drains is prohibited by or under this Act or any other law; or (b) where separate municipal drains are provided for foul water and for surface water to discharge directly or indirectly- (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 57

(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 system, 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 Act.

Drainage undrained premises.

175. Drainage undrained premises. (1) Where any premises are in the opinion of the Chairperson, without sufficient means of effectual drainage and a municipal drain or some place approved 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 appear to the Chairperson necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a close drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health; (e) to provide and set up all such appliances and fittings as may appear to the Chairperson to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down-take pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or remodel an existing drain which is inadequate, insufficient or faulty.

(2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Chairperson, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises-- (a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty metres from any part of the premises; or (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.

(3) Any requisition for the construction of any drain under sub-

section (2) may contain any of the details specified in sub-section

(1). 58

New premises not to be erected without drains.

176. New premises not to be erected without drains. (1) It shall not be lawful to erect or to reerect any premises in New Delhi or to occupy any such premises unless-- (a) a drain be constructed of such size, materials and description, at such level and with such fall 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 necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.

(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty metres from the premises; but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the Chairperson for the purpose.

Power to drain group or block of premises by combined operations. 177. Power to drain group or block of premises by combined

operations. (1) If it appears to the Chairperson that any group or block of-premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Chairperson may cause that group or block of premises to be drained by a combined operation.

(2) The expenses incurred in carrying out any work under sub-

section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Chairperson may determine and shall be recoverable from them as an arrear of tax under this Act.

(3) Not less than fifteen days before any such work is commenced, the 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 of the proportion of such expenses payable by him.

(4) The Chairperson may require the owners of such groups or block of premises to maintain the work executed under this section.

Power of Chairperson to close or limit the use of private drains in certain cases. 178. Power of Chairperson to close or limit the use of private drains in certain cases. Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Chairperson, adapted to the general system of drainage in New Delhi, he may, by written notice addressed to the owner of the premises, direct- (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or (b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only: Provided that- (i) no drain may be closed, discontinued or destroyed by the Chairperson under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any 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. 59

Use of drain by a person other than the owner.

179. Use of drain by a person other than the owner. (1) Where the Chairperson either on receipt of an application from the owner of any premises or otherwise is 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 Chairperson 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 in which the aforesaid drain is situate with assistants and workmen at all reasonable hours; (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

Sewage and rain water drains to be distinct. 180. Sewage and rain water drains to be distinct. Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chairperson to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.

Power of Chairperson to require owne to carry out certain works for satisfactory drainage. 181. Power of Chairperson to require owne to carry out certain works for satisfactory drainage. For the purpose of efficient drainage of any premises, the Chairperson may, by notice in writing- (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner. or owners of such buildings with such materials and in such manner as may be approved by the Chairperson, and (b) require such paving to be kept in proper repair. Collection of sewage

Appointment of places for the emptying of drains and collection of sewage. 182. Appointment of places for the emptying of drains and collection of sewage. The Chairperson may cause any or all of the municipal drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable: Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the Council: Provided further that on and after such date as may be appointed by the Central Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged. Miscellaneous

Connection with water works and drains not to be made without permission. 183. Connection with water works and drains not to be made without permission. Without the written permission of the Chairperson, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 172 or any water works, constructed or maintained by, or vested in, the Council. 60

Buildings railways and private streets not to be erected or constructed over drains or water works without permission. 184. Buildings railways and private streets not to be erected or

constructed over drains or water works without permission. (1) Without the written Permission of the Chairperson no railway or private street shall be constructed 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 Act.

Rights of user of property for aqueducts, lines, etc.

185. Rights of user of property for aqueducts, lines, etc. (1) The Chairperson may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the Council without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or fines of mains or pipes. or drains have been placed: Provided that the Council shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.

(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Union or under the control or management of the Central Government or railway administration or vested in any local authority save with the permission of the Central Government or railway administration or the local authority, as the case may be, and in accordance with any bye- laws made in this behalf: Provided that the Chairperson may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or collection of sewage or is such that delay would be dangerous to health, human life or property.

(3) In exercise of the powers conferred upon him by this section, the Chairperson shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him.

Power of owner of premises to place pipes and drains through land belonging to other persons. 186. Power of owner of premises to place pipes and drains through

land belonging to other persons. (1) If it appears to the Chairperson that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the immovable property of another person, the Chairperson may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order the Chairperson shall give 61 to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.

(2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain 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 drain to be placed or carried with the least practicable delay; (b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain.

(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Chairperson shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Chairperson it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.

Power to require railway level, etc., to be raised or lowered. 187. Power to require railway level, etc., to be raised or lowered. If the Council places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the Central Government and at the cost of the New Delhi Municipal Fund, require the railway administration to raise or lower the level thereof.

Power of Chairperson to execute work after giving notice to the person liable. 188. Power of Chairperson to execute work after giving notice to

the person liable. (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Chairperson may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.

(2) The expenses incurred or likely to be incurred by the Chairperson in the execution of any such work shall be payable by the said person and the expenses incurred by the Chairperson in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences.

(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of' tax under this Act. 62

Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool. 189. Power of Chairperson to affix shafts, etc., for ventilation of drain or cesspool. For the purpose of ventilating any drain or cesspool, whether vested in Council or not, the Chairperson may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.

Power of Chairperson to examine and examine and test drains, etc., believed to be defective. 190. Power of Chairperson to examine test drains, etc., believed

to be defective. (1) Where it appears to the Chairperson that 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 examine 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.

Bulk receipt of water and delivery of sewage by the Council. 191. Bulk receipt of water and delivery of sewage by the Council.

(1) The Council shall receive bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribed by the Central Government.

(2) The Council shall be entitled to receive bulk supply of water from, and to deliver in bulk all the sewage to, the authority

prescribed under sub-section (1) subject to such charges for the supply of water in bulk to the Council and the delivery 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 authority by the Council, the matter shall be referred to the Central Government whose decision thereon shall be final and binding on both parties.

Employment of Government agencies for repairs, etc. 192. Employment of Government agencies for repairs, etc. The Central Government may for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Council under this Chapter, shall be carried out on behalf of the Council by the Central Government and the Council shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by that Government on behalf of a local authority.

Work to be done by licensed plumber.

193. Work to be done by licensed plumber. (1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Chairperson, the work is of a trivial nature, he may grant permission, in writing for the execution of such work by a person other than a licensed plumber.

(2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Chairperson the name of such plumber.

(3) When any work is executed except in accordance with the

provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Chairperson without prejudice to the right of the Council to prosecute under this Act the person at whose instance such work has been executed.

(4) The Council may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted, to a plumber by the Council.

(5) The Council may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter. 63

(6) No licensed plumber shall, for any work referred to in sub-

section (5), demand or receive more than the charges prescribed 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 premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber.

(8) No licensed plumber shall contravene any of the bye-laws made under this section or execute carelessly or negligently any work under this Act 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 Act or not.

Prohibition of certain acts.

194. Prohibition of certain acts. (1) No person shall--- (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 setting 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 divert, or take water from any water work belonging to the Council; or (d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Council or break or damage any electrical transmission line maintained by the Council; or (e) obstruct any officer or other employee of the Council in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to. any water or sewage work; or (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled.

(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. 64 CHAP ELECTRICITY SUPPLY CHAPTER XII ELECTRICITY SUPPLY

Functions in relation to electricity supply.

195. Functions in relation to electricity supply. (1) It shall be the duty of the Council to develop and maintain an efficient, coordinated and economical system of electricity supply for Now Delhi area under its jurisdiction and for that purpose to take steps from time to time-- (a) acquiring supplies of electricity and its distribution to consumers; (b) for preparing and carrying out in accordance with rules made in this behalf schemes for distribution of electricity.

(2) In the discharge of its functions in relation to electricity supply, the Council shall, as far as practicable- (a) promote the use of all economical methods of transmitting and distributing electricity; (b) secure the development of supplies of electricity; (c) secure the extension of supplies of electricity to areas without such supplies; (d) promote the standardisation of systems of supply and types of electrical fittings; (e) promote the simplification and standardisation of methods of charge for supplies of electricity.

Additional functions in relation to electricity supply.

196. Additional functions in relation to electricity supply. (1) The Council may take steps to manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any electrical machinery, control gear, fittings, wires or apparatus for lighting, heating, cooling or motive power or for any other purpose for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity, and to install, connect, repair, maintain or remove such machinery, control gear, fitting, wires or apparatus and in respect thereof demand and take such remuneration or rents and charges and make 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 as aforesaid, Conduct displays, exhibitions and demonstrations thereof and generally do all things including advertising incidental to the sale or hire of such machinery, control gear, fittings, wires and apparatus and to the promotion and encouragement of the use of electricity.

(3) Moneys received and expended in connection with additional

functions specified in sub-sections (1) and (2) shall be shown separately in the accounts.

Council to have powers and obligations of licensee under Act 9 of 1910. 197. Council to have powers and obligations of licensee under Act 9 of 1910. Subject to the provision of this Act the Council shall in respect of the New Delhi areas under its jurisdiction have all the powers and obligations of a licensee under the Electricity Act, 1910, and this Chapter shall be deemed to be the licence of the Council for the purposes of that Act: Provided that nothing in sections 3 to 12 of, or in clauses I to IX of the Schedule to, that Act relating to the duties and obligations of a licensee shall apply to the Council. 65

Restriction on building and other acts interfering with the works of electric supply. 198. Restriction on building and other acts interfering with the

works of electric supply. (1) No building, wall or other structure shall be newly erected and no street or railway shall be constructed over, or in such a manner as to interfere with, any work constructed or maintained for the purposes of the electric supply except with the written permission of the Chairperson.

(2) The Chairperson may cause any building, wall or other structure erected, or any street or railway constructed in

contravention of sub-section (1), to be removed or otherwise dealt with as he deems fit, and the expenses incurred therefor shall be paid by the person or authority responsible and shall be recoverable from such person or authority as an arrear of tax under this Act.

Power of Council to make arrangements with licensees.

199. Power of Council to make arrangements with licensees. (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 generating station or main transmission line and notwithstanding anything contained in any law or in any licence, 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.

Charges for supply of electricity. 200. Charges for supply of electricity. 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.

Bulk receipt of electricity by the Council.

201. Bulk receipt of electricity by the Council. (1) The Council shall receive bulk supply of electricity from the authority which may be prescribed by the Central Government.

(2) The Council shall be entitled to receive bulk supply of electricity from that authority prescribed by the Central Government subject to such terms and conditions as may be determined by means of a contract entered into between that other authority and the Council. the contract mentioned in this sub-section shall provide also for a stipulation therein that disputes between that other authority and the Council in regard to any matter relating to the bulk supply of electricity to the Council shall be referred to the Central Government whose decision thereon shall be final and binding on both parties. CHAP STREETS CHAPTER XIII STREETS Construction, maintenance and improvement of streets

Vesting of public streets in the Council.

202. Vesting of public streets in the Council. (1) All streets within New Delhi which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Council: Provided that no public street which immediately before the commencement of this Act vested in the Union shall, unless the Central Government with the consent of the Council so directs, vest in the Council by virtue of this sub-section.

(2) All public streets vesting in the Council shall be under the control of the Chairperson and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf. 66

Functions of Chairperson in respect of public streets.

203. Functions of Chairperson in respect of public streets. (1) The Chairperson shall, from time to time, cause all public streets vested in the Council to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot passengers: Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed one lakh rupees, shall be undertaken by the Chairperson except with the previous sanction of the Council.

(2) With the previous sanction of the Council, the Chairperson may permanently close the whole or any part of a public street: Provided that before according such sanction the Council shall by notice, published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may he made within one, month from the date of publication of the said notice.

Disposal of land forming site of public streets permanently closed. 204. Disposal of land forming site of public streets permanently closed. Whenever any public street or a part thereof is permanently

closed under sub-section (2) of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the Council.

Power to make new public streets. 205. Power to make new public streets. The Chairperson may at any time with the previous sanction of the Council,- (a) lay out and make new public streets; (b) construct bridges and sub-ways; (c) turn or divert any existing public street; and (d) lay down and determine the position and direction of a street or streets in any part of New Delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.

Minimum width of new public streets. 206. Minimum width of new public streets. The Chairperson shall, from time to time, with the sanction of council, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.

Power to prohibit or regulate use of public streets for certain kind of traffic. 207. Power to prohibit or regulate use of public streets for

certain kind of traffic. (1) The Chairperson may- (a) prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure decongestion or smooth flow or quietness in any locality; (b) prohibit or regulate in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction weight or size or laden with such heavy or unwieldly objects as may be likely to cause injury to the road-ways or any construction thereon, except under such conditions as to time, mode of traction OK locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Chairperson generally or specially in each case; and 67 (c) prohibit or regulate access to premises from any particular public street carrying high speed vehicular traffic: Provided that the Chairperson shall not take action without sanction of the Council in cases under clauses (a) and (c).

(2) Notices of such prohibition as are imposed under sub-section

(1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.

Power to acquire lands and buildings for public streets and for public parking places. 208. Power to acquire lands and buildings for public streets and

for public parking places. (1) Subject to the provisions contained in Chapter X, the Chairperson may- (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 expedient 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.

Defining the regular line of streets.

209. Defining the regular line of streets. (1) The Chairperson may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous sanction of the Council, redefine at any time any such regular line: Provided that, before according sanction the Council shall by public notice afford reasonable opportunity to the residents or premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice: Provided further that the regular line of any public street operative under any law in force in any part of New Delhi immediately before the commencement of this Act shall be deemed to be a line defined by the Chairperson under this sub-section.

(2) The line for the time being defined or redefined shall be called the regular line of street.

(3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the Chairperson: Provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or portion thereof, the Chairperson fails to take steps to acquire the land within the regular line of the street in the accordance with section 212, then that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof.

(4) When the Chairperson grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successors-in-interest not to claim compensation in the event of the Chairperson at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the Chairperson and may for that 68 purpose require such owner to deposit in the New Delhi Municipal Fund such sum as may be determined by him.

(5) The Chairperson shall maintain- (a) a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which the Chairperson may deem necessary; (b) a register of all agreements executed under sub-section

(4) 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, (16 of 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.

Setting back building to regular line of street.

210. Setting back building to regular line of street. (1) If any part of a building abutting on a public street is within the regular line of that street, the Chairperson may, whenever it is proposed- (a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metres; or (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street; by any order which lie issues concerning the addition to, rebuilding construction, repair or alterations of, such building, require such build to be set back to the regular line of the street.

(2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Chairperson or otherwise, taken down, the Chairperson may forthwith take possession on behalf of the Council of the portion of the land within the regular line of the street therefor occupied by the said building and, if necessary, clear the same.

(3) Land acquired under this section shall be deemed to be part of the public street. and shall vest in the Council.

Compulsory setting back of building to regular line of street. 211. Compulsory setting back of building to regular line of

street. (1) Where any building or any part thereof is within the regular line of a public-street and in the opinion of the Chairperson it is necessary to set back the building or part thereof to the regular line of the street he' may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Chairperson on behalf of the Council.

(2) If such owner fails to show cause as required by sub-section

(1) the Chairperson may require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice.

(3) If within such period the owner of the building fails to pull down the 69 building or part thereof as required by the Chairperson, the Chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this Act.

(4) The Chairperson shall at once take possession on behalf of the Council of the portion of the land within the regular line of the 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.

Acquisition of open land and land occupied by platform, etc., within the regular line of street. 212. Acquisition of open land and land occupied by platform, etc., within the regular line of street. 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 of the land or building not less than seven clear days' notice of his intention so to do, take possession on behalf of the Council 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 of any portion thereof which is. within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in the Council: Provided that where the land or building is vested in the Union or a State the Chairperson shall not take possession thereof without the previous sanction of the Central Government.

Acquisition of the remaining part of a building and land after their portions within a regular line of street have been acquired. 213. Acquisition of the remaining part of a building and land after their portions within a regular line of street have been

acquired. (1) Where a land or building is partly within the regular line of a public street and the Chairperson is satisfied that the land remaining after the decision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line land such surplus land shall be deemed to be a part of the public street and shall vest in the Council.

(2) Such surplus land may thereafter, be utilised for the purpose of setting forward a building under section 214.

Compensation to be paid in certain cases of setting forward of building, etc. 214. Setting forward of buildings to the regular line of street. The Chairperson may, upon such terms as he thinks fit, allow any building to be set forward for the purpose, of improving the regular line of a public street and may, with the approval of the Council, by notice require any building to be set forward in the case of reconstruction thereof or of a new construction. Explanation.-For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Chairperson is erected along the said line. 2

215. Compensation to be paid in certain cases of setting

forward of building, etc. (1) Compensation shall be paid by the Chairperson to the owner of any building or land acquired for a public street under the provisions of sections 210, 211 and 212 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Chairperson: 70 Provided that- (a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to. the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation; (b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, 'the Chairperson may recover from him half the amount of such excess as a betterment charge.

(2) If in consequence of any order to set forward a building made by the Chairperson the owner of such building sustains any loss or damage, compensation shall be paid to him by the Chairperson for such loss or damage after taking into account any increase in value likely to accrue from the setting forward.

(3) If the additional land which will be included in the

premises of any person. required or permitted under sub-section (2) to set forward a building belongs to the Council, the order or permission of the Chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission.

(4) If, when the Chairperson requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Council or with, any of the terms or conditions of conveyance, the Chairperson shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the district judge of Delhi whose decision thereon shall be final. Private streets

Owner's obligation when dealing with land as building sites. 216. Owner's obligation when dealing with land as building sites. If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

Lay-out plans.

217. Lay-out plans. (1) Before utilising, selling or otherwise dealing with any land under section 216, the owner thereof shall send to the Chairperson a written application with a layout plan of the land showing the following particulars, namely:- (a) the plots into which the land is proposed to he divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used; (b) the reservation or allotment of any site. for any street, open space, park, recreation ground, school , market 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 arrangement to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.

(2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in

sub-section (1). and all the particulars referred to in that sub- section shall be subject to the sanction of the Council.

(3) Within sixty days after the receipt of any application under sub-section 71

(1) the Council shall either accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.

(4) Such sanction shall be refused- (a) if the particulars shown in the lay-out plan would conflict with any arrangement. which have been made or which arc in 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 zonal development plan prepared for New Delhi or not; or (b) if the said lay-out plan does not conform to the provisions of this Act 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 passed upon receipt of such information: Provided that the passing of such orders shall not be in any case delayed for more than sixty days after the Council has received the information which it 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.

Alteration---- demo----street-----in br-----section.

218. Alteration---- demo----street-----in br-----section. (1) If any person lays-out or makes any street referred to in section 217 without or otherwise than in conformity with the orders of the Council, the Chairperson may, whether or not the offender be prosecuted under this Act, by notice- (a) require the offender to show cause by a written statement signed by him and sent to the Chairperson on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Chairperson or if such alteration be impracticable, why such street should not be demolished; or (b) require the offender to appear before the Chairperson either personally or by a duly authorised agent on such day and at such time. and place as may be specified in the notice and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Chairperson why such street should not be so altered or demolished, the Chairperson may pass an order directing the alternation or demolition of such street.

-----------of -----------.

219. -----------of -----------. (1) If any private street or part thereof is not levelled, paved, metalled, flagged, chanelled, sewered, drained, conserved or lighted to the satisfaction of Chairperson, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part. to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice.

(2) If such work is not carried out within the time specified in the notice, the Chairperson, may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-

section (1) in such proportion as may be determined by the Chairperson and shall be recoverable from them as an arrear of tax under. this Act. 72

Right of owner to require streets to be declared public. 220. Right of owner to require streets to be declared public. If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 219, the Chairperson may, and on the requisition of a majority

of the owners referred to in sub-section (1) of that section shall, declare such a street to be a public street and thereupon the street shall vest in the Council. Encroachments on streets

Prohibition of projections upon streets, etc.

221. Prohibition of projections upon streets, etc. (1) Except as provided in section 222, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will- (a) overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or (b) just or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.

(2) The Chairperson may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section.

(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

Projections over streets may be permitted in certain cases. 222. Projections over streets may be permitted in certain cases.

(1) The Chairperson may give is written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street- (i) to erect an arcade over such street or any portion thereof; or (ii) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, owning or thing projecting from any storey over or across any street or portion thereof; Provided that no permission shall be given by the Chairperson for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Council.

(2) The Chairperson may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sun-shade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

Ground floor doors, etc., not to open outwards on streets. 223. Ground floor doors, etc., not to open outwards on streets. 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 required 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. 73

Prohibition of structures of fixtures which cause obstruction in street. 224. Prohibition of structures of fixtures which cause

obstruction in street. (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 (1) of section 229 applies.

Prohibition of deposit, etc., of things in streets.

225. Prohibition of deposit, etc., of things in streets. (1) No person shall, except with the permission of the Chairperson and on payment of such fee as he in each case thinks fit', place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale, or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.

(2) Nothing in sub-section (1) applies to building material.

Power to remove anything deposited or exposed for sale in contravention of this Act. 226. Power to remove anything deposited or exposed for sale in contravention of this Act. The Chairperson may, without notice, cause to be. removed- (a) any stall, chair, bench, box, ladder, bale, or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act, (b) any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

Prohibition of the tethering of animals and milking of cattle. 227. Prohibition of the tethering of animals and milking of

cattle. (1) No person shall tether any animal or cause or permit the same to be tethered in any public street or public place.

(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street or public place.

(3) Any animal tethered or an cow or buffalo found being milked as aforesaid in any street may be removed by the Chairperson or any municipal officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871. (1 of 1871.) Provision concerning execution of works in or near to streets

Precautions during repair of streets.

228. Precautions during repair of streets. (1) The Chairperson shall, so far as is practicable, during the construction or repair of any public street, or any municipal drain or any premises vested in the Council- (a) cause the same to be fenced and guarded, (b) take proper precautions against accident by shoring up and protecting the adjoining buildings, (c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are 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. 74

(3) The Chairperson shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the street, 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.

Streets not to be opened or broken up and building materials not to be deposited thereon without permission. 229. Streets not to be opened or broken up and building

materials not to be deposited thereon without permission. (1) No person other than the Chairperson or a municipal officer or other municipal employee shall, without the written permission of the Chairperson- (a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other materials or thing forming part of any street; or (b) deposit any building materials in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.

(2) Any permission granted under clause (b) or clause (c) of

sub-section (1) shall be terminable at the discretion of the Chairperson on his giving not less than twenty-four hours' notice of such termination to the person to whom such permission was granted.

(3) The Chairperson may, without notice, cause to be removed any

of the things referred to in clause (b) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified

in the notice issued under sub-section (2): Provided that nothing in this sub-section shall apply to cases

under clause (b) or clause (c) of sub-section (1) in which an application for permission has been made with such fee as may be prescribed by the Chairperson in this behalf but no reply has been sent to the applicant within seven days from the date of the application.

Disposal of things removed under this Chapter.

230. Disposal of things removed under this Chapter. (1) Any of the things caused to be removed by the Chairperson under this Chapter shall, unless the owner thereof turns up to take back such thing and pays to the Chairperson the charges for the removal and storage of such thing, be, disposed of by the Chairperson by public auction or in such other manner and within such time as the Chairperson thinks fit.

(2) The charges for removal and storage and sale of the thing

sold under subsection (1) shall be paid out of the proceeds of the sale thereof and the balance, if 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 Fund. Naming and numbering of streets and numbering of buildings

Naming and numbering of streets.

231. Naming and numbering of streets. (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; 75 (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; (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Council; (d) determine the number or sub-number by which any premises or part 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.

(2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Chairperson. Repair or enclosure of dangerous places

Chairperson to take steps for repairing or enclosing dangerous places. 232. Chairperson to take steps for repairing or enclosing

dangerous places. (1) If any place is, in the opinion of the Chairperson, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Chairperson may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the Chairperson necessary in order to prevent the danger or inconvenience arising therefrom.

(2) The Chairperson may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Chairperson in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this Act. Lighting of streets

Measures for lighting. 233. Measures for lighting. The Chairperson shall-- (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by him; (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.

Prohibition of removal, etc., of lamps.

234. Prohibition of removal, etc., of lamps. (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 (1), he shall in addition to any penalty to which he may be subjected under this Act, pay the expenses of repairing the damage so done by him. 76 CHAP BUILDING REGULATIONS CHAPTER XIV BUILDING REGULATIONS

General superintendence, etc., of the Central Government. 235. General superintendence, etc., of the Central Government. Notwithstanding anything contained in any other provision of this Act, the Chairperson shall exercise his powers and discharge his functions under this Chapter, under the general superintendence, direction and control of the Central Government.

Definition. 236. Definition. 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 reerect- (i) any building of which more than one-half of the cubical contents above the level-of the plinth have been pulled down, burnt or destroyed; or (ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or (iii) any frame building of which more than-half of the number of the columns or beams in the external walls have been pulled down; (c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently Appropriated for any other purpose; (d) to convert into more than one dwelling house a building originally constructed as one dwelling house only; (e) to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose; (f) to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space; (g) to convert two or more tenements in a building into a greater or lesser number; (h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change; (i) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been 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 house. 77

Prohibition of building without sanction.

237. Prohibition of building without sanction. (1) 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 in accordance with the provisions of this Chapter and of the bye-laws made under this Act 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 of cloth, grass leaves, mats or other inflammable materials except with the written permission of the Chairperson, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.

Erection of building.

238. Erection of building. (1) Every person who intends to erect a building shall apply for sanction by giving notice in writing 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 may be so prescribed.

Applications for additions to, or repairs of, buildings. 239. Applications for additions to, or repairs of, buildings.

(1) Every person who intends to execute any of the following works, that is to say,- (a) to make any addition to a building; (b) to make any alteration or repairs to a building involving the removal or re-erection of any external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial metres; (c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one-half of the columns or posts in any such wall thereof as aforesaid; or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial metres; (d) to make any alteration in a building involving-- (i) the sub-division of any room in such building so as to convert the same into two or more separate 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 which stands within the regular line of such street; (f) 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 writing 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 may be so prescribed. 78

Conditions of valid notice.

240. Conditions of valid notice. (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.

Sanction or refusal of building or work.

241. Sanction or refusal of building or work. (1) 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 following, 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 provisions of any bye-law made in this behalf or of any other law or rule, bye-law 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; (c) that any information or documents required by the Chairperson under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 216, lay-out plans have not been sanctioned in accordance with section 217; (e) that the building. or work would be an encroachment on Central Government or Government land or land vested in the Council; (f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the land on which it is proposed to erect or re- erect such building is vested in the Central Government or Government or in the Council, and the consent of the Government concerned or, as the case may be, of the Council has not been obtained, or if the title of the land is in dispute between such person and the Council or any Government, or for any other reason, to be communicated in writing to the person, which is deemed to be just and sufficient as effecting such building.

(3) The Chairperson shall communicate the sanction to the person who has given the notice; and where he refuses sanction on any of the

grounds specified in sub-section (2) or under section 245 he shall record a brief statement of his reasons for such refusal and the Chairperson shall communicate the refusal alongwith the reasons therefor to the person who has given the notice.

(4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf. 79

When building or work may be proceeded with.

242. When building or work may be proceeded with. (1) Where within a period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240., the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or 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, the period of thirty days specified in this sub-section shall be deemed to commence from the date of the 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 has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or any other law or of bye-law made thereunder.

(3) If the person or anyone lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 238 or, as the case may be, under section 239 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice.

(4) Before commencing the erection of a building ox execution of

a Work within the period specified in sub-section (3), the person concerned shall give notice to the Chairperson of the proposed 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 a fresh notice shall be necessary in this behalf.

Sanction accorded under misrepresention. 243. Sanction accorded under misrepresention. If at any time after the sanction of any building or work has been accorded, the Chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, 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.

Buildings at corners of streets. 244. Buildings at corners of streets. The Chairperson may require any building intended to be erected at tile comer of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity. 80

Provisions as to buildings and works on either side of new streets. 245. Provisions as to buildings and works on either side of new

streets. (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 main to its satisfaction.

(2) The erection of any such building or the execution of any such work may be refused by the Chairperson if such building or any portion thereof or such work domes within the regular line of any street, the position and direction of which has been laid down by the Chairperson but which has, not been actually constructed or if' such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.

Period for completion of building or work. 246. Period for completion of building or work. 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 completed and 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 extension of that period.

Order of demolition and stoppage of buildings or works in certain cases and appeal. 247. Order of demolition and stoppage of buildings or works in

certain cases and appeal. (1) 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 Act or bye-laws made thereunder, the Chairperson may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period (not being less than five days and more 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 demolition: Provided that no order of demolition shall. be made unless the person has been given by means of a notice served in such manner as the Chairperson may think fit, a reasonable opportunity of showing cause why such order shall not be made: Provided further that where the erection or work has not been completed, the Chairperson may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-

section (2).

(2) Any person aggrieved by an order of the Chairperson made

under sub section (1) may prefer an appeal against the order to the Appellate Tribunal within the period specified in the order for the demolition of the erection or work to which it relates.

(3) Where an appeal is preferred under sub-section (2) against an order of demolition the Appellate Tribunal may, subject to the

provisions of sub-section (3) of section 255 stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: 81 Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Appellate Tribunal unless security, sufficient in the opinion of the said Tribunal has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal.

(4) No court shall entertain any suit, application or order proceeding for injunction or other relief against the Chairperson to restrain him from taking any action or making any order in 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 on 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 an appeal has been preferred against the order of the Appellate Tribunal, the person against 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 from such person as an arrest of tax under this Act.

Order of stoppage of buildings or works in certain cases. 248. Order of stoppage of buildings or works in certain cases.

(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not '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 provisions of this Act or bye-laws made thereunder, the Chairperson may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.

(2) If an order made by the Chairperson under section 247 or

under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Chairperson may require, any police officer to remove such person and all his assistants and workmen from the promises or to seize any construction material, tool, machinery, scaffolding or other things used in *a erection of any building or execution of any work within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly.

(3) Any of the things caused to be seized by the Chairperson

under sub-section (2) shall be disposed of by him in, the manner specified in section 230.

(4) After the requisition under subsection (2) has been complied with, the Chairperson may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee of the Council to watch the promises in order to ensure that the erection of the building or the execution of the work is not continued.

(5) Where a police officer or a municipal officer or other

municipal employee has been deputed under sub-section (4) to watch the promises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to

whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. 82

Power of Chairperson to require alteration of work.

249. Power of Chairperson to require alteration of work. (1) The Chairperson may at any time during the erection of any building or execution of any work or at any time after the completion thereof by a written notice of not less than seven days specify any matter in respect of which such erection or execution is without or contrary to the, sanction referred to in section 241 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 238 or section 239 or the owner of such building or work either- (a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or (b) to show cause why such alterations should not be made, within a period stated in the notice.

(2) If the person or the owner does not show cause as aforesaid, he, shall be bound to make the alterations specified in the notice.

(3) If the person or the owner shows cause as aforesaid, the Chairperson shall by an order either cancel the notice issued under

sub-section (1) or confirm the same subject to such modifications as he thinks fit.

Power to seal unauthorised constructions.

250. Power to seal unauthorised constructions. (1) 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 the erection of any building or execution of any work under section 247 or under 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 completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to 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, the Chairperson may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.

(3) No person shall remove such seal except- (a) under an order made by the Chairperson under sub-section

(2); or (b) under an order of an Appellate Tribunal or the Administrator, made in an appeal under this Act.

Completion certificates.

251. Completion certificates. (1) Every person who employs an architect registered with the Council or an architects or an engineer or a person approved by the Chairperson to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Chairperson a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Chairperson all necessary facilities for the inspection of such building or work.

(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Chairperson in this behalf in accordance with bye-laws made under this Act: Provided that if the Chairperson fails within a period of thirty days after the receipt of the notice of completion to communicate its refusal to grant such permission, such permission shall be deemed to have been granted.

Restrictions on uses of buildings. 252. Restrictions on uses of buildings. No person shall, without the written permission of the Chairperson, or otherwise than in conformity with the conditions, if any, of such permission- (a) use or permit to be used for human habitation any part of a 83 building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder-, (b) change 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.

Appellate Tribunal.

253.Appellate Tribunal. (1) The Central Government 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 Gazette, define the territorial limits within which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals have jurisdiction over the same territorial limits, the Central Government shall also provide for the distribution and allocation of work to be performed by such Tribunals.

(6) For the purpose' of. enabling it to discharge its functions under this Act, every Appellate Tribunal shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by rules: Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals in accordance with the rules.

Appeals against certain orders or notices issued under the Act. 254. Appeals against certain orders or notices issued under the

Act. (1) Any person aggrieved by any of the following orders made or notices issued under this Act, may prefer an appeal against such order of notice to the Appellate Tribunal, namely:- (a) an order according or disallowing sanction to a lay-out plan under section 217; (b) an order directing the alteration or demolition of any street under section 218;

(c) a notice under sub-section (1) of section 219;

(d) a notice under sub-section (2) of section 221; (e) an order directing the disposal of things removed under Chapter XIII or seized under section 248, or an order rejecting the claim of art person for the balance of the proceeds of sale of things so disposed of; (f) an order sanctioning or refusing to sanction the erection of any building or the execution of any work under section 241; (g) an order withholding sanction under the proviso to sub-

section (1) of section 242; (h) an order cancelling a sanction under section 243; 84 (i) an order requiring the rounding off, splaying or cutting off the height of a building intended to be erected, or for the acquisition of any portion of a site. under section 244; (j) an order disallowing the erection of any building 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 building 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 Act. as may be prescribed by rules.

(2) An appeal under this section shall be filed within thirty days from the date of the order or notice appealed against: Provided that the Appellate Tribunal may entertain in appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not 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.

Procedure of the Appellate Tribunal. 255.Procedure of the Appellate Tribunal. 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 PROW, by it to the parties to the appeal.

(3) No Appellate Tribunal shall, in, any appeal pending before it in respect of any order or notice under this Act; make an interim order (whether by way of injunction or stay) against the Council or against any officer or servant of the Council acting or purporting to act in his official capacity, unless an opportunity is given to the Council or its officer or servant to be heard in the matter: Provided that the Appellate Tribunal may without giving an opportunity as aforesaid make an interim order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money: Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that period, the Appellate Tribunal confirm or modifies that order after giving to the Council or its officer or servant an opportunity of being beard.

(4) Subject to rules that may be made by the Central Government in this behalf, the awarding of damages in 'and the COW of, and incidental to, any appeal before an Appellate Tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to 85 what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purposes aforesaid.

(5) An order of the Appellate Tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made.

(6) In hearing and deciding 'an appeal or in the execution of an order, an Appellate Tribunal shall follow such procedure as may be prescribed by rules.

(7) Every Appellate Tribunal shall in addition to the powers conferred on it under this Act, have the same power as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:- (a) summoning and enforcing the attendance of persons and examining 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 documents; and (f) any other matter which may be prescribed by rules, and every proceeding of an Appellate Tribunal in hearing or deciding an appeal 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, (45 of 1860), 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, (2 of 1974).

Appeal against orders of Appellate Tribunal.

256.Appeal against orders of Appellate Tribunal. (1) An appeal shall lie to the Administrator, against an order of the Appellate Tribunal made in an appeal under section 247 or section 254, confirming, modifying or annulling an order made or notice issued under this Act.

(2) The provisions of sub-sections (2) and (3) of section 254 and section 255 and the rules made thereunder, shall, so-far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections.

(3) An order of the Administrator on an appeal under this Section, and subject only to such order, an order of the Appellate Tribunal under section 254, and subject to such orders of the Administrator or an Appellate Tribunal, an order or notice referred to

in sub-section (1) of that section, shall be final.

Bar of jurisdiction of courts.

257.Bar of jurisdiction of courts. (1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections.

(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceeding pending in any court immediately before the commencement of this Act, 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.

Removal of dangerous buildings.

258. Removal of dangerous buildings. (1) If it appears to the Chairperson at any time that any building is in a ruinous condition, or likely to fail, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Chairperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom. 86

(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 passersby 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 Act.

Power to order building to be vacated in certain circumstances. 259.Power to order building to be vacated in certain

circumstances. (1) The Chairperson may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order: Provided that at the time 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 Chairperson shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate 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;

Power of the Central Government to make bye-laws.

260.Power of the Central Government to make bye-laws. (1) The Central Government may, by notification in the Official Gazette, make bye-laws for carrying out the provisions of this Chapter: Provided that all bye-laws made by the New Delhi Municipal

Committee under sub-section (3) of section 189 of the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section.

(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely:- (a) the regulation or restriction of the use of sites for buildings for different areas; (b) the regulation or restriction of buildings in different areas; (c) the form of notice of erection of any building or execution of any work and the fee in respect of the same; (d) the plans and documents to be submitted together with such notice and the information and further information to be furnished; (e) the level and width of foundation, level of lowest floor and stability of structure; (f) the construction of buildings and the materials to be used in the construction of buildings; 87 (g) the height of buildings whether absolute or relative to the width of streets or to different areas; (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 adequate means of light and ventilation; (j) 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 removal of house refuse; (l) 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 buildings; (q) the restriction on construction of foundation on certain sites; (r) the measures to be taken to protect building from dump arising from sub-soil; (s) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings; (t) in the case of wells, the dimensions of the well, the manner of enclosing it and; if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water; (u) the supervision of buildings; (v) the setting back of garages and shops from the regular line of a street; (w) the construction of partable structures and permission for such construction.

(3) The draft of the bye-laws referred to in sub-section (1) shall be forwarded to the Chairperson, who shall cause the same to be published in the Official Gazette for inviting objections and suggestions from the public within thirty days from the date of such publication.

(4) The Chairperson shall forward the draft bye-laws to the Central Government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the Official Gazette.

(5) The Central Government may issue such directions to the Chairperson as it thinks fit, for ensuring proper implementation of the bye-laws made under this section. 88 CHAP SANITATION AND PUBLIC HEALTH CHAPTER XV SANITATION AND PUBLIC HEALTH Conservancy and sanitation

Provision for daily cleansing of streets and removal of rubbish and filth. 261.Provision for daily cleansing of streets and removal of

rubbish and filth. (1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Chairperson shall provide-- (a) for the daily surface-cleansing of an streets and the removal of the sweepings therefrom, and (b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act 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.

Rubbish, etc., to be the property of the Council. 262.Rubbish, etc., to be the property of the Council. 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.

Provision or appointment of receptacles, depots and places for rubbish, etc. 263.Provision or appointment of receptacles, depots and places

for rubbish, etc. (1) 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 (d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.

(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of Any of the

matters specified in sub-section (1).

(3) The Chairperson shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred

to in subsection (1) from becoming sources of nuisance.

Duty of owners and occupiers to collect and deposit rubbish, etc. 264.Duty of owners and occupiers to collect and deposit rubbish, etc. It shall be the duty of the owners and occupiers of all premises- (a) to have the premises swept and cleaned; (b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises. and to be deposited at such times as the Chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit, or final disposal thereof; 89 (c) to provide receptacles of the type and in the manner prescribed by the Chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.

Collection and removal of filth and polluted matter.

265.Collection and removal of filth and polluted matter. (1) It shall be the duty of the owner and occupier of every premises situate in any portion of New Delhi in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such precautions as the Chairperson may by public notice prescribe.

(2) It shall be lawful for the Chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of Now Delhi.

(3) In-such portion of New Delhi and in any premises where situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the Chairperson, for any person who is not employed by or on behalf of the Chairperson to discharge any of the duties of scavengers.

Removal of rubbish, etc., accumulated on premises used to factories, workshop, etc. 266. Removal of rubbish, etc., accumulated on premises used to factories, workshop, etc. 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 quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or (b) after giving such owner or occupier notice of his 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 specified in the notice, issued under clause (a).

Prohibition against accumulation of rubbish, etc.

267.Prohibition against accumulation of rubbish, etc. (1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Chairperson, or fail to comply with any requisition of the Chairperson as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises.

(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter.

(3) No person shall, after due provision has been made in this respect under 90 the foregoing provisions of this Chapter for the deposit and removal of the same- (a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course; or (b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.

Prohibition in respect of air pollutant. 268.Prohibition in respect of air pollutant. No owner or occupier of any permises shall allow or cause to be allowed any air pollutant

above the standards, laid down under clause (g) of sub-section (1)of section .17 of the Air (Prevention and Control of Pollution) Act, 1981. (14 of 1981).

Chairperson's power to get premises scavenged and cleansed. 269. Chairperson's power to get premises scavenged and cleansed. If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Chairperson may cause them to be, scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.

Public latrines, urinals, etc.

270.Public latrines, urinals, etc. (1) The Chairperson shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.

(2) Such public latrines and urinals shall be so constructed 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

Construction of latrines and urinals.

271. Construction of latrines and urinals. (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 Act or any bye-laws made thereunder as he may prescribe.

(2) In prescribing any such terms the Chairperson may determine in such case- (a) whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other; and (b) what shall be the site or position of each latrine or urinal.

(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Chairperson may, after giving not less than ten days notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the Chairperson in so doing shall be recoverable from the owner or occupier as an arrear of tax under this Act.

Latrines and urinals, etc., in new buildings.

272.Latrines and urinals, etc., in new buildings. (1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the Chairperson may prescribe.

(2) In prescribing any such accommodation, the Chairperson may determine in each case- (a) that such building shall be served by the flush system only; (b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions. 91

(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building. or at any other suitable place in the same premises.

(4) In this section, the expression "to erect a building" has the, same meaning as in section 236.

Latrines and urinals for labourers, etc. 273.Latrines and urinals for labourers, etc. Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.

Provision of latrines and urinals for markets etc., 274.Provision of latrines and urinals for markets etc., The Chairperson may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places 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 order.

Other provisions as to private latrines. 275.Other provisions as to private latrines. 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 the 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 (c) require any person having the control whether as owner, lessee or occupier of any land or building- (i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or (ii) to clean in such manner as the Chairperson may prescribe in the notice any latrine or urinal belonging to the land or building; or (d) where any premises intended or used for human Habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary. by causing any part of such premises to be vacated and demolished in accordance with bye-laws made in this behalf. Removal of congested buildings and buildings unfit for human habitation

Removal of congested buildings.

276.Removal of congested buildings. (1) Where it appears to the Chairperson that any block of buildings is in an unhealthy condition by reasons of the, manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impractica- bility of cleansing the buildings or-other similar cause, he shall cause the block to be inspected to by the officer authorised by him and such officer shall make a report in writing the Chairperson regarding the sanitary condition of the block.

(2) If upon receipt of such report the Chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Council select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy 92 condition of the block and may thereupon by notice in writing require the owners of such building remove 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 Chairperson 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 compiled with, then, after the expiration of the time specified in the notice the Chairperson may himself 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 Act.

Power of Chairperson to require improvement of building unfit for human habitation. 277. Power of Chairperson to require improvement of building

unfit for human habitation. (1) Where the Chairperson upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his 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 otherwise.

(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 are completed.

Enforcement of notice requiring execution of works of improvement. 278.Enforcement of notice requiring execution of works of improvement. If a notice under section 277 requiring the owner of the building to execute works of improvement is not compiled with, then after the expiration of the time specified in the notice the Chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.

Power of Chairperson to order demolition of buildings unfit for human habitation. 279.Power of Chairperson to order demolition of buildings unfit

for human habitation. (1) Where the Chairperson upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.

(2) If any of the person upon whom a notice has been served

under sub. section (1) appears in pursuance thereof before the Chairperson and gives an undertaking to him that such person shall, within a period specified by the Chairperson, execute such works of improvement in relation to the building as will, in the opinion of the Chairperson, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Chairperson on being satisfied that it has been rendered. fit for that purpose, cancels the undertaking, the Chairperson shall not make an order of demolition of the building.

(3) If no such undertaking as is mentioned in sub-section (2) is given or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the Chairperson shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be 93 specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.

(4) Where an order of demolition of building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Chairperson shall demolish or cause to be demolished the building and sell the materials thereof.

(5) Any expenses incurred by the Chairperson under sub-section

(4) if not satisfied out of the proceeds of the We of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.

(6) In determining for the purposes of section 277 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, and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said matters that it is not reasonably suitable for occupation in that condition.

(7) For the purpose of section 277, section 278 and this section, `work of improvement" in relation to a building includes any one or more of the following works, namely:- (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of courtyard; (h) removal of rubbish, filth and other polluted and obnoxious matter; (i) any other work including the demolition of any building or any part thereof which, in the opinion of the Chairperson, is necessary for executing any of the works specified above.

(8) The provisions of section 276, section 277, section 278 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the Slum Areas (Improvement and Clearance) Act, 1956. (96 of 1956). 94

Insanitary huts and sheds. 280.Insanitary huts and sheds. Where the Chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts. or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing 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 washermen

Prohibition against washing by washerman.

281. Prohibition against washing by washerman. (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 has been made, no person who is by calling a washerman 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, at any place other than

a place appointed under sub-section (1). Prevention of Dangerous Diseases

Obligation to give information of dangerous disease. 282.Obligation to give information of dangerous disease. 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 suffering shall forthwith give information respecting the existence of such disease to the officer specified by the Chairperson for the said purpose.

Removal to hospital of patients, suffering from dangerous disease. 283.Removal to hospital of patients, suffering from dangerous

disease. (1) When any person suffering from any dangerous disease is found to be- (a) without proper lodging or accommodation; or (b) living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it; or (c) living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club; or (d) lodged in premises occupied by members of two or more families; the Chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal.

(2) The Council shall if required by the Central Government erect an infectious disease hospital of such type and dimension as that Government may direct.

Disinfection of buildings and articles. 284.Disinfection of buildings and articles. Where the Chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice: 95 Provided that where in the opinion of the Chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Chairperson may at the expense of the New Delhi Municipal Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.

Destruction of infectious huts or sheds.

285.Destruction of infectious huts or sheds. (1) Where the destruction of any hut or shed is in the opinion of the Chairperson necessary to prevent the spread of an dangerous disease, the Chairperson may by notice in writing require the owner to destroy. the hut or shed and the materials thereof within such time as may be specified in the notice.

(2) 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 the owner or occupier.

(3) Compensation may be paid by the Chairperson, in any case which he 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 claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.

Means of disinfection.

286.Means of disinfection. (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 disinfection to be disinfected either free of charge or on payment of such charges as he may fix.

(2) The Chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.

(3) The Chairperson may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.

Special measures in case of outbreak of dangerous or epidemic diseases. 287.Special measures in case of outbreak of dangerous or epidemic

diseases. (1) In the event of New Delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or any epidemic disease among any animals therein, the Chairperson, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Council- (a) take such special measures; and (b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease: Provided that where in the opinion of the Chairperson immediate measures are necessary, he may take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the Council.

(2) No person shall commit a breach of any direction given under

sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code.(45 of 1860). 96

Infected clothes not to be sent to washerman or to laundry. 288.Infected clothes not to be sent to washerman or to laundry.

(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washer-man of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer authorised in this behalf.

(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised 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 win be, sent during the continuance of the disease, for the purpose of being washed or cleaned.

Contamination and disinfection of public conveyance.

289.Contamination and disinfection of public conveyance. (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 the 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 has 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.

Driver of conveyance not bound to carry persons suffering from dangerous disease. 290. Driver of conveyance not bound to carry persons suffering from dangerous disease. Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of New Delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

Disinfection of buildings before letting the same.

291.Disinfection of buildings before letting the same. (1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the Chairperson may by general or special notice direct together with all articles therein liable to retain infection.

(2) For the purposes of this section the keeper of a hostel, lodging house., dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

Disposal of infected articles without disinfection. 292. Disposal of infected articles without disinfection. No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into New Delhi or any part thereof. 97

Prohibition of making or selling of food, etc., or washing of clothes by infected persons. 293. Prohibition of making or selling of food, etc., or washing of clothes by infected persons. No person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall- (a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or (b) take any part in the business of the washing or carrying of clothes.

Power to restrict or prohibit sale of food or drink. 294. Power to restrict or prohibit sale of food or drink. 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.

Control over wells and tanks, etc.

295. Control over wells and tanks, etc. (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) In 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 well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further, take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

Duty of persons suffering from dangerous disease. 296. Duty of persons suffering from dangerous disease. No person shall- (a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid- (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly. 98

Disposal of infectious corpses where any person has died from any dangerous disease. 297.Disposal of infectious corpses where any person has died from any dangerous disease. Where any person has died from any dangerous disease the Chairperson 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

Conditions of service of sweepers and certain other class of persons employed in municipal service. 298.Conditions of service of sweepers and certain other class of

persons employed in municipal service. (1) No person being a sweeper employed by the Council shall in the absence of any contract authorising him so to do and without reasonable cause resign his employment or absent himself from his duty without having given one month's notice to the Chairperson or shall neglect or without reasonable cause refuse to perform his duties.

(2) The Council may by resolution direct that on or from such date as may be 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.

Conditions of service of sweepers and certain other class of persons employed in municipal service. 299. Conditions of service of sweepers and certain other class of persons employed in municipal service. 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

Power to call for information regarding burning and burial grounds. 300.Power to call for information regarding burning and burial grounds. The Chairperson may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such Information as may be specified in the notice concerning the condition, management or position of such

Permission for use of new burning or burial grounds.

301.Permission for use of new burning or burial grounds. (1) No place which has not been used as a burning or burial ground before the commencement of this Act shall be so used without the permission in writing of the Chairperson.

(2) Such permission may be granted subject to any conditions which the Chairperson may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood.

Power to require closing of burning and burial grounds.

302.Power to require closing of burning and burial grounds. (1) Where the Chairperson, after making or causing to be made local inquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the Council, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.

(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.

Removal of corpses. 303.Removal of corpses. The Chairperson may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground. Disposal of dead animals

Disposal of dead animals. 304. Disposal of dead animals. Whenever any animal in the charge of any person dies, the person in charge. thereof shall within twenty- four hours either- 99 (a) convey the carcass to a place provided or appointed under section 263 for the final disposal of the carcasses of dead animals, or (h) give notice of the death to the Chairperson whereupon he shall cause the carcass to be disposed of on such fee as may be prescribed by the Council. CHAP VITAL STATISTICS CHAPTER XVI VITAL STATISTICS

Appointment of Chief Registrar, etc.

305.Appointment of Chief Registrar, etc. (1) Notwithstanding anything contained in the Registration of Births and Deaths Act, 1969,(18 of 1969) but subject to the provisions to this Act and to any directions that the Central Government may give in this behalf, the officer specified in the Official Gazette by the Chairperson, shall be the Chief Registrar of Births and Deaths for New Delhi and shall keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in New Delhi.

(2) The Chairperson shall for the purposes of this Chapter appoint an additional chief registrar and such number of persons to be registrars of births and deaths for New Delhi as he deems necessary and define the respective areas which shall be under the charge of such registrars.

Duties of registrar. 306.Duties of registrar. 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.

Information of births and deaths.

307. Information of births and deaths. (1) It shall be the duty of the father or mother of every child born in New Delhi and in default 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 charge of the child,, to give to the best of his knowledge and belief to the registrar of the area concerned within sight 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 illness of any person dying in Now Delhi and in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his 'knowledge and belief to the registrar of the area within which the death place information containing such particulars as may be prescribed by bye-laws made in this behalf.

(3) If a birth or death occurs in the hospital, none of the

persons mentioned in sub-section (1) or, as the case may be, in sub-

section (2) shall be bound to give information required by that sub- section, but it shall be the duty of the medical officer in charge of the hospital within twenty-four hours after the birth or death, to send to the officer authorised by the Chairperson, a notice containing such particulars as may be prescribed by bye-laws made in this behalf. CHAP PUBLIC SAFETY AND SUPPRESSION OF NUISANCES CHAPTER XVII PUBLIC SAFETY AND SUPPRESSION OF NUISANCES Nuisances

Prohibition of nuisances.

308.Prohibition of nuisances. (1) No person shall- (a) in any public street or public place-- (i) ease himself; or 100 (ii) carry meat exposed to public view; or (iii) picket animals or collect carts; or (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fail, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or (v) without proper authority affix, upon any building, monument, post, wall. fence, tree or other thing, any bill, notice or other document; or (vi) without proper authority deface or write upon or otherwise mark any budding, monument, post, wall, fence, tree or other thing; or (vii) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or, (viii) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm, water-drain, flags or other materials of any such street, or any lamp bracket, 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 polluted 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 dose such cart or receptacle when in use; or (b) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any 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 (d) make any grave or burn or bury any corpse at any place not set apart for such purpose; or (e) at any time or place at which the same has been prohibited by the Chairperson by public or special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any bran or other instrument, or play any music; or 101 (f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or (g) lot loose any animal so as to cause, or negligently allow any animal to cause injury, danger, alarm or annoyance to any person; or (h) save with the written permission of the Chairperson and in such manner as he may authorise, store or use night-soil, cowdung, manure, rubbish or any other substance emitting an offensive smell; or (i) use or permit to be used as a latrine or urinal any place not intended for that purpose.

(2) Every person shall take all reasonable means to prevent every child under the age of twelve years. being in his charge 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.

Power of Chairperson to require removal or abatement of nuisance. 309.Power of Chairperson to require removal or abatement of nuisance. Where the Chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require 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 and within such period as may be specified in the notice. Dogs

Registration and control of dogs.

310.Registration and control of dogs. (1) The Council may, by bye-laws made in this behalf,-- (a) require the registration, by the registration authority appointed by the Chairperson in this behalf of all dogs kept within Now Delhi. (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix and fee payable for the issue thereof; (c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and (d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week. 102

(2) The Chairperson may- (a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected lo be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies; (b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause them to be destroyed accordingly.

(3) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.

(4) No one, being the owner or person in charge of any dog,. shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which- (a) 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 on 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 suspected 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.

Stacking or collecting inflammable materials. 311.Stacking or collecting inflammable materials. The Chairperson may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched buts or the lighting of fires in any place which may be specified in the notice.

Care of naked lights. 312.Care of naked lights. No person shall act a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire: Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.

Discharging fireworks, fire-arms, etc. 313.Discharging fireworks, fire-arms, etc. No one shall discharge any fire-arm or let off fire-works or fire-baloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property. 103

Power to require buildings, wells, etc., to be rendered safe. 314. Power to require buildings, wells, etc., to be rendered safe. Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Chairperson, in a ruinous state, for want of sufficient repairs, protection or enclosure., a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Chairperson may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Chairperson, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

Enclosure of waste land used for improper purpose. 315. Enclosure of waste land used for improper purpose. The Chairperson may, by notice in writing, require the owner or partowner, or person claiming to be the owner or part-owner of any land or building, or the lessee, or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice. CHAP MARKETS, TRADES AND OCCUPATIONS CHAPTER XVIII MARKETS, TRADES AND OCCUPATIONS Maintenance and regulation of markets

Provision of municipal market.

316. Provision of municipal market. (1) The Chairperson, when authorised by the Council in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, and may provide and maintain in any such markets buildings and places, machines, weights, scales and measures for the weighment or measurement 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.

Use of municipal markets and slaughter house.

317. Use of municipal markets and slaughter house. (1) No person shall, without the general or special permission in writing of the Chairperson, sell or expose for sale any animal or article in any municipal 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 Chairperson or any officer or employee of the Council authorised by the Chairperson in this behalf.

Private markets.

318. Private markets. (1) No place other than a municipal market shall be used as a market unless much place has been licensed as a market by the Council.

(2) No place other than a municipal slaughter house shall be used as a slaughter house: Provided that nothing in this sub-section shall be deemed- (i) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions (noncompliance with which shall be punishable under this Act) as the Chairperson may, by public or special notice, impose in this behalf, or (ii) to prevent the Chairperson, with the sanction of the Council, from setting apart place for the slaughter of animal in accordance with religious custom. 104

Conditions of grant of licence for private market.

319. Conditions of grant of licence for private market. (1) The Chairperson may charge such fees as the Council may prescribe in this behalf for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder.

(2) When the Council refuses to grant any licence, it shall record a brief statement of the reasons for such refusal.

(3) The Chairperson may, for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit, or cancel his licence.

(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

Prohibition of keeping market open without licence, etc.

320. Prohibition of keeping market open without licence, etc. (1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled.

(2) When a licence to open a private market is granted or refused or is suspended or 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 necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

Prohibition of use of unlicensed markets. 321. Prohibition of use of unlicensed markets. No person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

Prohibition of business and traded near a market.

322. Prohibition of business and traded near a market. (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 market without the permission of the Chairperson.

(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 stallages, rents and fees. 323. Levy of stallages, rents and fees. (I) The Chairperson, with the previous approval of the Council may- (a) charge such stallages, rents and fees as may from time to time be fixed by him in this behalf- (i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures 105 provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter; or (b) farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he thinks fit; or (c) put up to public auction or dispose by the private sale the privilege of occupying or using any stall, shop, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit.

(2). A copy of-the table of stallages and fees, if any, chargeable in any municipal market in New Delhi and of the bye-laws made under this Act for the purpose of regulating the use of such market printed in such language or languages as the Chairperson may direct, shall be affixed in some conspicuous place in the market.

Power to expel disturbers, etc., from markets. 324. Power to expel disturbers, etc., from markets. The Chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.

Butcher's fish-monger's and poulter's licence.

325. Butcher's fish-monger's and poulter's licence. (1) No person shall without or otherwise than in conformity with a licence from the Chairperson carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human consumption or use any place for the sale of flesh, fish or poultry intended for human consumption: Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.

(2) The Chairperson may order and subject to such conditions as to supervision and inspection as he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same.

(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Chairperson may, for special reasons, specify in the licence.

(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Chairperson may stop the use thereof by such means as he may consider necessary. 106

(5) (i) If the Chairperson or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animals is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice inspect such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law under this Act 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 clause (i) of this sub-section. (iii) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Chairperson or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under clause (i) of this sub-section shall 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 Act 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

Factory, etc., not to be established without permission of the Chairperson. 326. Factory, etc., not to be established without permission of

the Chairperson. (1) No person shall, without the previous permission in writing of the Chairperson, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.

(2) The Chairperson may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.

Premises not to be used for certain purposes without licence. 327. Premises not to be used for certain purposes without

licence. (1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, namely:- (a) any of the purposes specified in Part I of the Ninth Schedule; (b) any purpose which is, in the opinion of the Chairperson dangerous to life, health or property or likely to create a nuisance; (c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or (d) storing any of the articles specified in Part II of the Ninth 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 exceed 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 granted under this section for the use of premises as mills or iron yards or for similar 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 Council shall fix a scale of fees to be paid in respect

of premises licensed under sub-section (1): Provided that no such fee shall exceed five hundred rupees. 107

Seizure of certain animals.

328. Seizure of certain animals. (1) If any horses, cattle or other quardriped animals or birds are kept on any premises in contravention of the provisions 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 that 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 the purposes referred to in. sub-section (1) of section 327 is causing a nuisance and such nuisance 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 the 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.

(3) 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 Act.

Power of Chairperson to prevent use of premises in particular areas for purposes referred to in section 327. 329. Power of Chairperson to prevent use of premises in

particular areas for purposes referred to in section 327. (1) The Chairperson may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for

any of the purposes referred to in' sub-section (1) of section 327, which may be specified in such notice.

(2) No objections to any such declaration shall be received after a period of one month from the publication of the notice.

(3) The Chairperson shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon "make a declaration in accordance with the notice published

under sub-section (1), with such modifications, if any, as he may think but not so as to extend its application.

(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Chairperson may determine, and shall take effect from the date of its publication in the Official Gazette.

(5) No person shall, in any area specified in any declaration

published under sub-section (4) use any premises for any of the purposes referred to in section 327 specified in the declaration and the Chairperson shall have the power to ,stop the use of any such premises by such means as he considers necessary.

Licences for hawking articles, etc. 330. Licences for hawking articles, etc. No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf,- (a) hawk or expose for sale in any place any article 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. 108

Eating houses, etc., not to be used without licence from the Chairperson. 331. Eating houses, etc., not to be used without licence from the

Chairperson. (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 consumption of any food or drink or any place, where food: it. 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 Act or not.

Licensing and control of theatres, circuses and places of public amusement. 332. Licensing and control of theatres, circuses and places of public amusement. No person shall, without or otherwise than in conformity with the terms of a licence granted by the Chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: Provided that nothing in this section shall apply to private performances in any such place.

Power of Chairperson to stop use of premises used in contravention of licences. 333. Power of Chairperson to stop use of premises used in contravention of licences. If the Chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he, may consider necessary. CHAP IMPROVEMENT CHAPTER XIX IMPROVEMENT

Improvement scheme. 334. Improvement scheme. Where the Chairperson upon information in his possession is satisfied as respects any area-- (a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and (b) that the most satisfactory method of dealing with the conditions in the area is the rearrangement 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 accord- ance with the bye-laws made in this behalf.

Matter to be provided for in an improvement scheme.

335. Matter to be provided for in an improvement scheme. (1) An improvement scheme may provide for all or any of the following matters, namely:- (a) the acquisition by agreement or under the Land Acquisition Act, 1894, (1 of 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; 109 (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 buildings or portions thereof; (f) the construction and reconstruction of buildings; (g) the construction and alteration of streets; (h) the water supply, street lighting, 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 required for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants; (l) 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 at the expiration of ten years from the date of

sanction of the scheme by the Central Government under sub-section (2) of section 336 the land is not acquired by the Chairperson, the owner of the land may serve on the Chairperson a notice requiring his interest in the land to be so acquired.

(3) If the Chairperson fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Chairperson or were not required to be kept as an open space.

Submission of improvement scheme to the Council for approval and to the Central Government for sanction. 336. Submission of improvement scheme to the Council for

approval and to the Central Government for sanction. (1) Every improvement scheme shall, as soon as may be after it has been framed, be submitted by the Chairperson for approval to the Council and the Council may either approve the schema without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Chairperson to have a fresh scheme framed according to such directions.

(2) No improvement scheme approved by the Council under sub-

section (1) shall be valid unless it has been sanctioned by the Central Government.

Rehousing scheme. 337. Rehousing scheme. The Chairperson while framing an improvement scheme under this 'Chapter for any area may also frame a scheme (hereafter in this Act 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 accommodation for persons who are likely to be displaced by the execution of the improvement scheme. 110

Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan. 338. Improvement scheme and rehousing scheme to comply with the master plan and zonal development plan. No improvement scheme or rehousing scheme framed under this Chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for Delhi or a zonal development plan for New Delhi or any part thereof. CHAP POWERS, PROCEDURE, OFFENCES AND PENALTIES CHAPTER XX POWERS, PROCEDURE, OFFENCES AND PENALTIES Licences and written permissions

Signature, conditions, duration, suspension, revocation, etc., of licences and written permissions. 339. Signature, conditions, duration, suspension, revocation,

etc., of licences and written permissions. (1) Whenever it is provided in this Act 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 Act 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 Act 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 whom it is granted; and (e) the fee, if any, paid for the licence or written permission.

(2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Chairperson with the sanction of the Council and-such fee shall be payable by the person to whom the licence or written permission is granted.

(3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written permission granted under this Act any bye-law made thereunder may at any time be suspended or revoked by the Chairperson or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions have been infringed or evaded by the grantee, or if the grantee has. been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted: 111 Provided that- (a) before making any order of suspension or revocation reasonable opportunity shall be accorded to the grantee of the licence or the written permission to show cause why it should not, be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.

(4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye- law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.

(5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Chairperson or the authority by whom it was granted, produce such licence or written permission. Entry and inspection

Powers of entry and inspection. 340. Powers of entry and inspection. 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- (a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act, rules, regulations or any bye-law made thereunder; (b) for the purpose 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 purpose of taking any action or executing any work authorised or required by this Act, rules, regulations or bye-laws made thereunder; (d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act, rules, regulations or bye-laws made thereunder or necessary for the proper administration of this Act; (e) generally for the purpose of efficient discharge of the functions by the Council under this Act, rules, regulations or any bye-law made thereunder.

Power to enter land adjoining land in relation to any work. 341. Power to enter land adjoining land in relation to any work.

(1) The Chairperson or any person 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 on any land within fifty metres of any work authorised by or under this Act, rules, regulations or bye-laws made thereunder with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.

(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.

(3) The person so authorised shall, in exercising any power conferred by 112 this section, do as little damage as may be and compensation shall be payable by the Council in accordance with bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

Breaking into building.

342. Breaking into building. (1) It shall be lawful for the Chairperson or any person 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 to make any entry into any place, and to open or cause to be opened any door, gate or other barrier- (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent or being present refuses to open such door, gate or barrier.

(2) Before making any entry into any such place, or opening or causing to be opened any such door, gate or other barrier, the Chairperson or the person authorised or empowered in this behalf, shall call upon two or more respectable inlnbitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.

Time of making entry. 343. Time of making entry. Save as otherwise provided in this Act, rules, regulations or any bye-law made thereunder, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

Consent ordinarily to be obtained. 344. Consent ordinarily to be obtained. 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 horses 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.

Regard to be had to social or religious usages. 345. Regard to be had to social or religious usages. When any place used Us a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual 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 withdrawing.

Prohibition of obstruction or molestation in execution of work. 346. Prohibition of obstruction or molestation in execution of work. No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Council has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act, rules, regulations or any bye-law made thereunder, or in fulfillment of his contract, as the case may be. Public notices and advertisements

Public notices how to be made known. 347. Public notices how to be made known. Every public notice given under this Act, rules, regulations or any bye-law made thereunder shall be in writing under the signature of the Chairperson or of any officer authorised in this behalf by him and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or. more of these means and by any other means that the Chairperson may think fit. 113

Newspapers in which advertisements or notices to be published. 348. Newspapers in which advertisements or notices to be published. Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the Council may from time to time specify in this behalf: Provided that if the Council publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published. Evidence

Proof of consent, etc., of Chairperson. 349. Proof of consent, etc., of Chairperson. Whenever, under this Act or any rule, regulation or bye-law made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Chairperson or of any municipal officer, a written document signed by the Chairperson or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof. Notices, etc.

Notices, etc., to fix reasonable time. 350. Proof of consent, etc., of Chairperson. Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice bill, order or requisition shall specify a reasonable time for doing the same.

Signature on notices, etc., may be stamped.

351. Signature on notices, etc., may be stamped. (1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Chairperson or 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 (1) shall be deemed to apply to a cheque drawn upon the New Delhi Municipal Fund under section 46.

Notices, etc., by whom to be served or issued. 352. Notices, etc., by whom to be served or issued. 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.

Services of notices etc.

353. Services of notices etc. (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 served- (a) where the person to be served is a company, it 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 either- (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either- (i) sent by registered post, or (ii) delivered at the said place of business; (c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either- (i) sent by registered post, or 114 (ii) delivered at that office; (d) in any other case, if the document is addressed to the person to be served and- (i) is given or tendered to him, or (ii) if such person cannot be found, is affixed on some, conspicuous part of his last known place of residence or business, if within the National Capital Territory of Delhi, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or (iii) is sent by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served- (a) if the document so addressed is sent or delivered in

accordance with clause (d) of sub-section (1); or (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to 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 shall 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 premises to state the name and address of the owner thereof.

(5) 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 minor.

(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.

Service of bills for tax or notice of demand by ordinary post. 354. Service of bills for tax or notice of demand by ordinary post. Notwithstanding-anything contained in sections 352 and 353 a bill for any tax 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 person specified in section 353 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

Powers in case of noncompliance with notice, etc. 355. Powers in case of noncompliance with notice, etc. In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-law made thereunder; requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any Punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Chairperson on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act. 115 Recovery of expenses

Liability of occupier to pay in default of owner.

356. Liability of occupier to pay in default of owner. (1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or the officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 355: Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the officer may recover from the occupier the whole amount recoverable under section 355 as an arrear of tax under this Act.

(2) Any amount recovered from an occupier instead of from an

owner under sub-section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

Execution of work by occupier in default of owner and deduction of expenses from rent. 357. Execution of work by occupier in default of owner and deduction of expenses from rent. Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Chairperson, execute the said work and he shall, subject to any contract, between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

Relief to agents and trustees.

358. Relief to agents and trustees. (1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant would under this Act, or any bye-law made thereunder, be bound to discharge any obligation imposed on 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 receiver agent or

trustee to 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 may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. Payment of compensation

General power to compensation. 359. General power to compensation. In any case not otherwise provided for in this Act or in Any bye-law made thereunder, the Chairperson with the previous approval of the Council, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or any bye-law in the Chairperson or in any municipal officer or other municipal employee.

Compensation to be paid by offenders for damage caused by them. 360. Compensation to be paid by offenders for damage caused by

them. (1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Council resulting from the said offence. as the Chairperson may consider reasonable.

(2) In the event of a dispute regarding the amount of

compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant issued by the said magistrate as if it were a fine imposed by him on the person liable therefor. 116 Recovery of expenses or compensation in case of dispute

Reference to the court of the district judge in certain cases. 361. Reference to the court of the district judge in certain

cases. (1) If, when the Chairperson demands payment of any expenses referred to in section 355, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the Chairperson shall refer the case for determination- (a) to the Appellate Tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of non-compliance with any notice, order or requisition under sections 221, 229, 247, 248 and 249; (b) to the court of the district judge of Delhi, in any other case.

(2) The Chairperson shall, pending the decision on any such reference, defer further proceedings for the 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.

Application to the court of the district judge in other cases. 362. Application to the court of the district judge in other

cases. (1) Where, in any case not provided for by section 361, the Council or the Chairperson or any officer or other employee is required by this Act 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 (1) 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 hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for same in any court of competent jurisdiction. Recovery of certain dues

Mode of recovery of certain dues. 363. Mode of recovery of certain dues. In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Council on account o

Right of owner to apply to the court of the district judge in case of obstruction by occupier. 364. Right of owner to apply to the court of the district judge

in case of obstruction by occupier. (1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with- (a) the provisions of section 221, section 229, section 247, section 248, section 249, or section 252, or any bye-law made thereunder or with any notice or order issued under any such provision apply to the Appellate Tribunal; and (b) any other provision or any bye-law made thereunder or with any 117 notice, order or requisition issued under such provision, apply to the court of the district judge of Delhi and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed.

(2) The Appellate Tribunal or the court, as the case may be, on receipt of such application, may make a written order requiring the occupier of the land or building to 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 to comply with the said provision or notice, order or requisition. Proceedings before the court of the district judge

General powers and procedure of the court of the district judge. 365.General powers and procedure of the court of the district judge. The procedure provided in the Code of Civil Procedure, 1908, (5 of 1908.) in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of Delhi under this Act or any bye-law made thereunder.

Fees in proceedings before the court of the district judge. 366. Fees in proceedings before the court of the district judge.

(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid- (a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the district judge of Delhi; and (b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such bye-law, of any summons or other process: Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court-fees Act, 1870, (7 of 1870.) in cases in which the amount of the claim or subject matter is of a like amount.

(2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-

section (1), shall be payable.

(3) No application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor

under clause (a) of subsection (1) has been paid. Provided that the court may, in any case in which it thinks fit so to do,-- (i) receive an application, appeal or reference made by or on behalf of a poor person, and (ii) issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section.

Repayment of half fees on settlement before hearing. 367. Repayment of half fees on settlement before hearing. Whenever any application, appeal or reference made under this Act or any bye-law made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid. 118

Power of the court of the district judge to delegate certain powers and to make rules. 368. Power of the court of the district judge to delegate certain powers and to make rules. The court of the district judge of Delhi may- (a) delegate, either generally or specially, to the court of an additional district judge, power to receive applications, appeals and references under this Act or any rule, regulation or bye-law made thereunder, and to hear and determine such applications, appeals and references; (b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this Act which is not herein specifically provided for. Offences and penalties

Punishment for certain offences.

369. Punishment for certain offences. (1) Whoever- (a) contravenes any provision of any of the sections, sub- sections, clauses, provisos or other provisions of this Act mentioned in the first column of the Table in the Tenth Schedule; or (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions, shall be punishable- (i) with fine which may extend to the amount or with imprisonment for a term which may extend to the period, specified in that behalf in third column of the said Table or with both; and (ii) in the case of a continuing contravention or failure, with ail additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

(2) Notwithstanding anything contained in sub-section (1),

whoever contravenes the provisions of sub-section (1) of section 221,

or sub-section (1) of section 224, or sub-section (1) of section 225

or sub-section (1) of section 229 or section 244, in relation to any street which is a public street, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.

(3) Any member, referred to in clauses (b) and (d) of sub-

section (1) of section 4, who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for the Council, shall be deemed to have committed offence made punishable under section 168 of the Indian Penal Code. (45 of 1860.)

General penalty. 370. General penalty. Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention. 119

Offences by companies.

371. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be. guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purposes of this section,- (a) "company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

Certain offences to be congnizable. 372. Certain offences to be congnizable. The Code of Criminal Procedure, 1973 (2 of 1974.) 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 252;

(b) an offence under sub-section (1) of section 221 or sub-

section (1) of section 224 or sub-section (1) of section 225

or sub-section (1) of section 229 or section 244 in relation to any street which is a public street, as if it were a cognizable offence- (i) for the purposes of investigation of such offence; and (ii) for the purposes of all matters other than-

(1) matters referred to in section 42 of that Code, and

(2) arrest of a person, except on the complaint of, or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson: Provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the Chairperson which is compoundable on payment of any amount under the bye-laws relating to buildings made under this Act.

Prosecutions. 373. Prosecutions. Save as otherwise provided in this Act, no court shall proceed to the trial of any offence,-

(a) 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 252 except on the complaint of or upon information received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson.

(b) under sub-section (1) of section 221 or sub-section (1)

of section 224 or sub-section (1) of section 225 or sub-

section (1) of section 229 or section 244, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information 120 received from, such officer of the Council, not being below the rank of a Secretary as may be appointed by the Chairperson-, (c) other than those specified in clauses (a) and (b) except on the complaint of, or upon information received from the Chairperson or a person authorised by him by a general or special order in this behalf.

Composition of offences.

374. Composition of offences. (1) The Chairperson or any person authorised by him by general or special order in this behalf 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 requisition issued by or on behalf of the Council or of the Chairperson unless and until the same has been complied with so far as the compliance is possible.

(2) Where an offence has been compounded, the offender, if in custody shall be discharged, and no further proceedings shall be taken against him in respect to the offence so compounded. Magistrates and proceedings before magistrates

Municipal magistrates.

375. Municipal magistrates. (1) The Government may appoint one or more metropolitan magistrates for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.

(2) Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act or any rule, regulation of bye-law made thereunder.

(3) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from to time, be fixed by the Government.

(4) The Council shall, out of the New Delhi Municipal Fund, pay to the Government the amounts of the salary, pension, leave and other

allowances as fixed under sub-section (3) together with all other incidental charges in connection with the establishments of the said magistrates.

(5) Each such magistrate shall have jurisdiction over the whole of New Delhi.

(6) For the purpose of the Code of Criminal 'Procedure 1973, (2 of 1974.) all municipal magistrates appointed under this Act shall be deemed to be magistrates appointed under section 16 of the said Code.

(7) Nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law.

Cognizance of offences. 376. Cognizance of offences. All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of New Delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under this Act 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 time for prosecution.

377. Limitation of time for prosecution. (1) No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after- (a) the date of the commission of the offence; or (b) the date on which the commission or existence of such offence was first brought to the notice of the complainant.

Power of magistrate to hear cases in absence of accused when summoned to appear. 378. Power of magistrate to hear cases in absence of accused when summoned to appear. If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if- 121 (a) service of the summons is proved to his satisfaction, and (b) no sufficient cause is shown, for the non-appearance of such person.

Complaints concerning nuisances. 379. Complaints concerning nuisances. The Chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in New Delhi, may complain to a municipal magistrate of the existence of any nuisance.

Procedure to be followed by magistrate regarding complaints concerning nuisances. 380. Procedure to be followed by magistrate regarding complaints

concerning nuisances. (1) Upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order for abating, preventing, removing or remedying such nuisance and may direct the Chairperson to put into force any of the provisions of this Act or any bye-law made thereunder.

(2) The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.

(3) Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as

required by subsection (1) and make such order as he considers necessary forthwith.

(4) If the person directed to take action by an order under

sub-section (1) or sub-section (2) fails to do so within the period specified in the order, the Chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act. Powers and duties of police officers

Arrest of offenders.

381. Arrest of offenders. (1) Any police officer, may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if- (a) the name and address of such person be unknown to him, and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.

(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

Duties of police officers. 382. Duties of police officers. It shall be the duty of all police officers, to give immediate information to the Chairperson of the commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority. 122 Legal proceedings

Power to institute, etc., legal proceedings and obtain legal advice. 383. Power to institute, etc., legal proceedings and obtain legal

advice. (1) The Chairperson may- (a) take, or withdraw from, proceedings against any person who is charged with- (i) any offence against this Act or any rules, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or (iii) committing any nuisance whatsoever; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council; (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person; (e) defend any suit or other legal proceeding brought against the Council or against the Chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity; (f) with the approval of the Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid; (g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Chairperson on behalf of the Council; (h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Council or the Chairperson; (i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal officer or other municipal employee.

Protection of action of the Council, etc. 384. Protection of action of the Council, etc. No suit or prosecution shall be entertained in any court against the Council " against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder. 123

Notice to be given of suits.

385. Notice to be given of suits. (1) No suit shall be instituted against the Council or against the Chairperson or against any municipal officer or other municipal employee or against any person acting under the order or direction of the Chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.

(2) No suit, such as is described in sub-section (1), shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.

(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit. CHAP RULES, REGULATIONS AND BYE-LAWS CHAPTER XXI RULES, REGULATIONS AND BYE-LAWS

Supplemental provisions respecting rules.

386. Supplemental provisions respecting rules. (1) Any rule which the Central Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

(2) Every rule made under this Act and bye-laws made by the Central Government under section 260 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or bye-laws, or both Houses agree that the rule or bye-laws should not be made, the rule or by-laws shall thereafter have effect only in such modified farm or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-laws.

Supplemental provisions respecting regulations.

387. Supplemental provisions respecting regulations. (1) Any regulation which may be made by the Council under this Act may be made by the Central Government within one year of the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Act.

(2) No regulation made by the Council under this Act shall have effect until it has been approved by the Central Government and published in the Official Gazette.

Power to make bye-laws.

388. Power to make bye-laws. (1) Subject to the provisions of this Act, the Council may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely:- A.Bye-laws relating to taxation

(1) the maintenance of tax books and registers by the Chairperson and the particulars which such books and registers should contain;

(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;

(3) the publication of rates of taxes as determined by the Council from time to time; 124

(4) the requisition by the Chairperson of information and returns from persons liable to pay taxes;

(5) the notice to be given to the Chairperson by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;

(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;

(7) the submission of returns by persons liable to pay any tax under this Act;

(8) the collection by the registrar or sub-registrar of Delhi appointed under the Registration Act, 1908 (16 of 1908.) of the additional stamp duty payable to the Council under this Act, the periodical payment of such duty to the Council and the maintenance by such registrar or sub- registrar of separate accounts in relation thereto;

(9) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act. B. Bye-laws relating to water supply, drainage and sewage collection

(1) the power of the Chairperson to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water for purpose of business;

(2) the connection of supply pipes for conveying to any premises a supply of water from a municipal water works;

(3) the making and renewing connections with municipal water works;

(4) the power of the Chairperson to take charge of private connections;

(5) the power of the Chairperson to alter the position of connections;

(6) the equitable distribution of water supplied to occupiers;

(7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping;

(8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired;

(9) the provision and maintenance of meters when water is supplied by measurement;

(10) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters;

(11) the maintenance of pipes; cisterns and other water works;

(12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;

(13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works;

(14) the cleansing of drains;

(15) the prohibition of erection of buildings over drains without the permission of the Chairperson;

(16) the connection of private drains with municipal drains;

(17) the location and construction of cesspools; 125

(18) the covering and ventilation of cesspools;

(19) the period or periods of the day during which trade effluent may be discharged from any trade permises into municipal drains;

(20) the exclusion from trade effluent of all condensing water;

(21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Council would either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains;

(22) the maximum quantity of trade effluent which may without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent 'may, without such consent or permission, be discharged from any trade premises into municipal drains;

(23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, that it is neither acid nor alkaline) at the time of such discharge.

(24) the charges to be paid to the Council by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof;

(25) the provision and maintenance of such an inspection chamber or mainhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises;

(26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains and the testing of such meters. C. Bye-laws relating to electric supply

(1) all matters relating to the conduct and management in respect of electricity supply;

(2) the provisions for electric sub-stations in New Delhi. D. Bye-laws relating to streets

(1) the closure of streets when any work is in progress and alternative passage during the progress of such work;

(2) the erections of a temporary nature during festivals;

(3) the setting up of hoards on buildings adjacent to streets during their construction or repair;

(4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;

(5) the permission, regulation or prohibition or use or occupation of any street or place by it, itmerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;

(6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made. E.Bye-laws relating to sanitation and public health

(1) the position of latrines and urinals;

(2) the provision of air spaces between latrines and buildings or places used for various purposes; 126

(3) the white-washing of buildings;

(4) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;

(5) the seizure of ownerless animals straying within the limits of New Delhi and the regulation and control of pounds;

(6) the fixing and regulation of the use of public bathing and washing places;

(7) the prevention of the spread of dangerous disease;

(8) the segregation in or the removal or exclusion from any part of New Delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;

(9) the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water;

(10) the enforcement of compulsory vaccination and inoculation;

(11) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the New Delhi Municipal Fund;

(12) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines; F. Bye-laws relating to vital statistics

(1) the prescribing of qualifications of persons to be appointed as chief registrars additional chief registrar and registrar under Chapter XVI:

(2) the registration of births and deaths and marriages and taking of a census. G.Bye-laws relating to public safety and suppression of nuisances The regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public sefety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. H. Bye-laws elating to markets, slaughter houses, trades and occupations

(1) the days on, and hours during which any market or slaughter house may be kept open for use;

(2) the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof;

(3) the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;

(4) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages;

(5) the setting apart of separate areas for different classes of article in market buildings and market places;

(6) the proper custody and care of animals for the keeping of which licences are granted under section 327;

(7) the regulation of the import of animals and flesh within New Delhi;

(8) the rendering necessary of licences for the use of premises within New Delhi as stables or cow-houses or as an accommodation for sheep, 127 goat or buffalo and the fees payable, for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked;

(9) the regulation of sarais, hotels, hostels, guest houses, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;

(10) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;

(11) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards, hoarding and sign-posts;

(12) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method;

(13) the procedure regarding the grant of permit to establish a factory, workshop or trade premises;

(14) the regulation of smoke in factories, workshops and trade premises;

(15) the regulation of sanitary conditions in factories, workshops, and trade premises;

(16) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed. air, electricity or other mechanical means;

(17) the prevention of nuisance in any market building, market place, or any factory, workshop or trade premises. I. Bye-laws relating to improvement

(1) the form and content of an improvement scheme or a rehousing scheme;

(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;

(3) the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned;

(4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction. J. Bye-laws relating to miscellaneous matters

(1) the circumstances and the manner in which owners of land or building in New Delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near New Delhi;

(2) the maintenance of schools and the furtherance of education generally;

(3) the regulation and control of municipal dispensaries;

(4) the rendering necessary of licences- (a) for the proprietors or drivers of hackney- carriages; cyclerickshaws, thelas and rehries kept or plying for hire or used for hawking articles; (b) for persons working as job-porters for the conveyance of goods; 128

(5) the classification of cinema theatres for the purpose of the Third Schedule;

(6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provisions or makes insufficient provision and provision is, in the opinion of the Council necessary for the efficient municipal government of New Delhi.

(2) Any bye-law which may be made under sub-section (1) may be made by the Central Government within one year of the establishment of the Council, and any bye-law so made may be altered or rescinded by

the Council in exercise of its powers under sub-section (1).

Regulations and bye-laws to be laid before Parliament. 389. Regulations and bye-laws to be laid before Parliament. The Central Government shall cause every regulation made under this Act and every bye-law made under section 388 to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye- law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or bye-law.

Penalty for breaches of bye-laws.

390. Penalty for breaches of bye-laws. (1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable- (a) with fine which may extend to five hundred rupees; and (b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention; (c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Chairperson or any municipal officer duly authorised in that behalf, by the person contravening the bye-law requiring such person to discontinue such contravention: Provided that a contravention of any bye-law relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

Supplemental provisions respecting bye-laws.

391. Supplemental provisions respecting bye-laws. (1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Council of their not taking effect until they have been approved by the Government and published in the Official Gazette.

(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.

(3) The Government may, after previous publication of its intention, cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.

Bye-laws to be available for inspection and purchase.

392. Bye-laws to be available for inspection and purchase. (1) A copy of all bye-laws made under this Act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of New Delhi. 129

(2) Copies of all such bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser. CHAP CONTROL CHAPTER XXII CONTROL

Government to require production of documents. 393. Government to require production of documents. The Central Government may at any time require the Chairperson- (a) to produce any record, correspondence, plan or other document in his possession or under his control; (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council, (c) to furnish or obtain and furnish any report.

Inspection. 394. Inspection. The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of the Council and to all records, accounts and other documents tile inspection of which he may consider necessary to enable him to discharge his duties,

Directions by Central Government. 395. Directions by Central Government. If, whether on receipt of a report ox on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion'_ (a) that any duty imposed on the Council by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner or (b) that adequate financial provision has not been. made for the performance of any such duty, it may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction: Provided that unless in the opinion of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Council an opportunity of showing cause why such direction should not be made.

Power to provide for enforcement of direction under section 395. 396. Power to provide for enforcement of direction under section 395. If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.

Power of Central Government to give directions in relation to primary schools, etc. 397. Power of Central Government to give directions in relation

to primary schools, etc. (1) The Central Government may give the Council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Council or maintained wholly or partly by grants paid out of the New Delhi Municipal Fund and in respect of such other matters as that Government considers necessary and the Council shall comply with all such directions.

(2) It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such officer in connection with the inspection.

(3) The Central Government, after considering the report of inspection made 130 by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions.

Dissolution of the Council.

398. Dissolution of the Council. (1) If, in the opinion of the Central Government, the Council is not competent to perform, or persistently makes default- (a) in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or (b) fails to deliver efficient service to the public and generally in regard to the municipal administration, or (c) to comply with the directions given to the Council by the Central Government in regard to matters relating to clauses (a) and (b), the Central Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, dissolve the Council: Provided that the Council shall be given reasonable opportunity of being heard before its dissolution.

(2) When the Council is dissolved by an order under sub-section (a) all members shall, on the date of dissolution, vacate their offices as such members; (b) during the period of dissolution of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf; and (c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government.

(3) An order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made. CHAP MISCELLANEOUS CHAPTER XXIII MISCELLANEOUS

Delegation of power by the Central Government . 399. Delegation of power by the Central Government. The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.

Power to delegate functions of Chairperson. 400. Power to delegate functions of Chairperson. The Chairperson may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.

Validity of notices and other documents. 401. Validity of notices and other documents. No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.

Admissibility of document or entry as evidence. 402. Admissibility of document or entry as evidence. A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Council or the Chairperson shall, if duty certified by the legal keeper thereof or other person authorised by the Chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions. 131

Evidence of Municipal officer or employee. 403. Evidence of Municipal officer or employee. No municipal officer or other municipal employee shall, in any legal proceedings to which the Council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

Prohibition against obstruction of any municipal authority. 404. Prohibition against obstruction of any municipal authority. No person shall obstruct or molest the Council or the Chairperson or the Vice-Chairperson or any member or any person employed by the Council or any person with whom the Chairperson has entered into a contract on behalf of the Council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.

Prohibition against removal of mark. 405. Prohibition against removal of mark. No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.

Prohibition against removal or obliteration of notice. 406. Prohibition against removal or obliteration of notice. No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Council or the Chairperson or any municipal officer or other municipal employee specified by the Chairperson in this behalf.,

Prohibition against unauthorised dealings with public place or materials. 407. Prohibition against unauthorised dealings with public place or materials. No person shall, without authority in that behalf, remove earth, sand or tither material or deposit any matter or make any encroachment from, in or on any land vested in the Council or in any way obstruct the same.

Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property. 408. Liability of Chairperson, etc., for loss, waste or

misapplication of New Delhi Municipal Fund or property. (1) Every member, Chairperson, and every municipal officer and other municipal employee shall be liable for the loss, waste, or misapplication of arty money or other property owned by or vested in the Council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the Council with the previous sanction of the Central Government or by the Government.

(2) Every such suit shall be instituted within three years after the date on which the cause of action arose.

Annual administration report. 409. Members and municipal officers and employees to be public servants. Every member, the Chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, (45 of 1860.) and in the definition of "legal remuneration" in section 161 of that Code the word "Government" shall, for the purpose of this section, be deemed to include the Council. 2

410. Annual administration report. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Central Government in this behalf, the Council shall submit to that Government a detailed report of the municipal government of New Delhi during the preceding year in such form as that Government may direct.

(2) The Chairperson shall prepare such report and the Council shall consider it and forward the same to the Central Government with its resolution thereon, if any.

(3) Copies of the report shall be kept for sale at the municipal office.

Other laws not to be disregarded. 411. Other laws not to be disregarded. Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Council or the Chairperson or any municipal officer or other municipal employee of any laws for the time being in force. 132

Exemption of diplomatic or consular missions from payment of tax, etc. 412. Exemption of diplomatic or consular missions from payment of tax, etc. The Central Government may, by order in the Official Gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this Act, any diplomatic or cousular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.

Construction of references. 413. Construction of references. After the establishment of the Council any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to New Delhi Municipal Committee shall, unless the context or subject otherwise requires, be construed as a reference to the Council.

Council to undertake work on agency basis. 414. Council to undertake work on agency basis. Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreement between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.

Power to remove difficulties. 415. Power to remove difficulties. If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act, or in giving effect to the provisions of this Act, the Central Government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the date of establishment of the Council.

Repeal and savings.

416. Repeal and savings. (1) As from the date of the establishment of the Council, the Punjab Municipal Act, 1911, (Punjab Act 3 of 1911.) as applicable to New Delhi, shall cease to have effect within New Delhi.

(2) Notwithstanding the provisions of sub-section (1) of this section,- (a) any appointment, notification, order, scheme, rule, form notice or bye-law made or issued, and any licence or permission granted under the Act referred to in subsection

(1) of this section and in force immediately before the establishment of the Council, shall, in so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been made, issued or granted, under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the New Delhi Municipal Committee before the establishment of the Council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Council under this Act; (c) all budget estimates, assessments, valuations, measurements or divisions made by the New Delhi Municipal Committee shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until 'they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Council under the said provisions; (d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the. New Delhi Municipal Committee immediately before the establishment of the Council shall with all rights of whatsoever description, use enjoyed or possessed by New Delhi Municipal Committee vest in the Council; (e) all rates, taxes, fees, rents and other sums of money due to the New Delhi Municipal Committee immediately before the establishment of the Council shall be deemed to be due to the Council; (f) all rates, taxes, fees, rents, fares and other charges shall, until and 133 unless they are varied by the Council continue to be levied at the same rate at which they were being levied by the New Delhi Municipal Committee immediately before the commencement of this, Act; (g) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the New Delhi Municipal Committee may be continued or instituted by or against the Council.

Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council. 417. Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the

Council. (1) Any expenditure incurred during the period between the commencement of this Act and establishment of the Council under any of the provisions of this Act shall be borne by the Central Government and the amount of the expenditure so incurred shall on such establishment be recoverable by that Government out of the New Delhi Municipal Fund.

(2) If in respect of the period between the establishment of the Council and the adoption of the first budget by the Council further expenditure from the New Delhi Municipal Fund becomes necessary over and above the expenditure thereto authorised for that year by the sanctioned budget estimate, the Council shall adopt a supplementary statement showing the estimated amount of that expenditure.

(3) Every item of expenditure shown in the supplementary statements adopted by the Council shall be deemed to be expenditure covered by a current budgetgrant within the meaning of section 47.

(4) The supplementary statement shall be prepared, presented, and adopted in such manner and shall provide for such matter as may be determined by the Council.

Transitory provision. 418. Transitory provision. Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Council until the day on which the first meeting of the Council is held after the commencement of this Act.

Repeal of Ordinance 8 of 1974.

419. Repeal of Ordinance 8 of 1974. (1) The New Delhi Municipal Council Ordinance, 1994, is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act. 134 SCHE BOUNDARIES OF NEW DELHI THE FIRST SCHEDULE

[See section 2(27)]

[See section 82]

[See section 88(1)]

[See section 95(1)]

[See section 100 (1)]

[See section 102 (1)]

[See section 103 (2)]

[See section 327(1)]

[See section 327(1)]

[See section 369(1)]

(1) and (2) land or building Section 74, Failure to produce instru- 50 -

Sub-section(3) ment of transfer Section 75 Failure to give notice of 50 - erection of new building, etc. Section 76 Failure to give notice of 50 - demolition or removal of building Section 77 Failure to comply with 50 - requisition to furnish information, etc. Section 81, Willful delay or obst- 50 -

sub-section(2) ruction of valuers Section 89 Prohibition of adver- 200 5 tisement without permission Section 114 Failure to give notice of 50 5 vacant land or building Section 119, Non-compliance with the 50 -

sub-section(2) requisition of attendance before the Chairperson Section 122 Failure to disclose liability 100 - Section 148 Use for non-domestic pur- 100 5 poses of water supplied for domestic purposes Section 152, Non-compliance with the 200 20

sub-section(1) requisition to take water supply Section 153 Prohibition to occupy new 200 20 premises without arrangement for water supply ---------------------------------------------------------------------- 143 -------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be clause or proviso imposed may be imposed -------------------------------------------------------------------- 1 2 3 4 -------------------------------------------------------------------- Rs. Rs. Section 164 Waste or misuse of water 50 - Section 165 Refusal of admittance, etc. 100 - Section 168, Laying of water pipes, etc., 100 10

sub-section(1) in a position where pipes may be injured or water therein polluted Section 168, Construction of latrines, 100 -

sub-section(2) etc., in a position where pipes may be injured or water therein polluted Section 173 Injury to, or interference 50 - with free flow of contents of municipal-drain or drains communicating with municipal drain Section 174, Private drain not to be 50 -

sub-section(2) connected with municipal drain without notice Section 175 Non-compliance with 100 25 requisition for drainage of undrained premises Section 176 Erection of new premises 1000 - without drain Section 177 Non-compliance with requi- 50 5 sition of maintenance of drainage works for any group or block of premises Section 178 Non-compliance with direct- 50 5 ions to close or limit the use of private drains in certain cases Section 179 Non-compliance with Chair 50 - person's orders regarding the use of a drain by a per- son other than the owner thereof Section 180 Non-compliance with requisi- 50 - tion for keeping sewage and rain water drains distinct Section 181 Non-compliance with requisi- 50 - tion for the pavement of courtyard, etc. Section 183 Connection with municipal 200 50 water works or drains without written permission Section 186, Non-compliance with requisi- 50 5

sub-section (4) tion to close, remove or divert a pipe or drain Section 193, Execution of work by a per- 200 -

sub-section(1) son other than a licensed plumber Section 193, Failure to furnish when 100 -

sub-section(2) required, name of licensed plumber employed Section 193, Licensed plumbers not to 100 -

sub-section (6) demand more than the charges prescribed Section 193, Licensed plumbers not to 100 -

sub-section(8) contravene bye-laws or execute work carelessly or negligently, etc. Section 194 Prohibition of wilful or 100 - neglectful acts relating to water or sewage Works Section 209, Construction of building 1000 10

sub-section(3) within the regular fine of street without per- mission Section 211 Failure to comply with 200 50 requisition to set back buildings to segular line of street Section 214 Failure to comply with 200 10 requisition to set forward building to regular line of street --------------------------------------------------------------------- 144 -------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be clause or proviso imposed may be imposed -------------------------------------------------------------------- 1 2 3 4 -------------------------------------------------------------------- Rs. Rs. Section 217, Utilising, selling or other- Rigorous -

sub-section (5) wise dealing with any land imprisonment or laying out a private which may street otherwise than in extend to three conformity with orders of the years Council Section 218, Failure to comply with 50 5

sub-section (1) requisition to show cause for a Iteration, of clauses (a) and (b) street or for appearance before, the Chair- person Section 219, Failure to comply with 100 10

sub-section (1) requisition on owner of private street or owner of adjoining land or building to level, etc., such street Section 221 Prohibition of Projections 200 -

sub-section (1) upon streets, etc. Section 221, Failure to comply with 200 -

sub-section (2) requisition to remove pro- jections from streets Section 222, Failure, to comply with 200 -

sub-section (2) requisition to remove a verandah, balcony, etc, put up in accordance with

section 221(1) Section 223 Failure to comply with 200 - requisition to have ground floor doors, etc., so altered as not to open out- wards Section 224, Erection, etc., of structures 200 10

sub-section (1) of fixtures which cause obst- ruction in streets Section 225 Deposit, etc., of things in 100 - streets Section 227, Tethering of animals and 100 -

sub-sections (1) milking of cattle in public

and (2) streets Section 228, Unlawful removal of bar or 50 -

sub-section (4) shorting timber, etc., or removal or extinction of light Section 229, Streets not to be opened or 200 10

sub-section (1) broken and building mate- rials not to be deposited thereon without permission Section 231, Name of street and number of 50 -

sub-section (2), house not to be destroyed or defaced, etc. Section 232, Failure to comply with 100 25

sub-section (1) requisition to repair, protect or enclose a danger- ous place Section 234, Removal, etc., of lamps 100 -

sub-section (1) Section 234, Wilfully and negligently 50 -

sub-section (2) extinguishing lights in public streets, etc. Section 237, Erection of a building without Simple -

sub-section (1) the sanction of the Chair- imprisonment person which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 237, Use of inflammable materials 100 -

sub-section (2) without permission ---------------------------------------------------------------------- 145 --------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be imposed clause or proviso may be imposed --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Rs. Rs. Section 238 Failure to give notice of intention Simple --

sub-section (1) to erect a building imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 239, Failure to give notice of intention Simple --

sub-section (1) to make additions, etc., to buildings. imprisonment which buildings may extend to six months or with fine which may extend to Rs. 5000 or with both Section 242, Commencement of work without

sub-section (4) notice, etc. 10000 500 Section 244 Failure to comply with requisition 100 5 to round off buildings at corners of streets Section 245, Erection of buildings on new 1000 -

sub-section (1) streets without levelling Section 245, Erection of buildings or execution 1000 --

sub-section (2) of work within regular line of street or in contravention of any scheme or plan Section 247 Failure to demolish buildings Simple elected without sanction or imprisonment which erection of buildings in may extend to six contravention of order months or with fine which may extend to Rs. 5000 or with both Section 248 Erection of buildings in Simple contravention of conditions of sanction etc. imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 249 Failure to carry out alterations Simple imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or with both Section 251, Non-compliance with provision as 200 10

sub-sections (1) to completion certificates,

and (2) occupation or use, etc., without permission Section 252 Non-compliance with restrictions Simple -- on user of buildings imprisonment which may extend to six months or with fine which may extend to Rs. 5000 or with both. --------------------------------------------------------------------- 146 --------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be imposed clause or proviso may be imposed --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Rs. Rs. Section 258, Failure to comply with 500 20 requisition

sub-sections(1) to remove structures

and (2) which are in ruins or likely to fall Section 259, Failure to comply with 200 -- requisition

sub-section(1) to vacate buildings in dangerous conditions, etc. Section 264 Failure to provide for 50 -- collection, removal and deposit of refuse and provision of receptacles Section 265, Failure to collect and 50 -- remove filth

sub-section(1) and polluted matter Section 265, Scavenger's duties in 25 -- certain cases

sub-section(3) not to be discharged by any person without permission Section 266 Failure to comply with 100 -- requisition for removal of rubbish, etc., from premises used as market, etc. Section 267, Keeping rubbish and filth 50 10 for more

sub-section(1) than twenty-four hours, etc. Section 267, Allowing filth to flow in 50 --

sub-section(2) streets Section 267, Depositing rubbish or 50 -- filth, etc., in

sub-section(3) street, etc. Section 271, Latrines and urinals 200 -- not to be

sub-section(1) constructed without permission or in contravention of terms prescribed Section 272, Failure to provide buildings 500 -- newly

sub-section (1) erected or reelected with latrine, urinal and other accommodation Section 272, Failure to provide residential 500 --

sub-section(3) buildings composed of separate tenements with latrine, bathing or washing place for servants on the ground floor Section 273 Failure to provide latrines for 100 20 premises used by large number of people and to keep them clean and in proper order Section 274 Failure to comply with requisition 100 20 to provide latrines for market, cattle shed, cart stand, etc., and to keep them clean and in proper order Section 275, Failure to comply with requisition 100 20 clauses (a), (b), (c) and (d) to enforce provision of latrine or urinal accommodation, etc. Section 276, Failure to comply with requisition 1000 --

sub-section (2) for removal of congested buildings --------------------------------------------------------------------- 147 --------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be imposed clause or proviso may be imposed --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Rs. Rs. Section 277 Failure to comply with requisition 1000 -- to improve buildings unfit for human habitation Section 279, Failure to comply with order of 1000 --

sub-sections (1), demolition of buildings unfit for

(2), (3) and (4) human habitation Section 280 Failure to comply with requisition 100 15 of the Chairperson to remove insanitary huts and sheds, etc. Section 281, Prohibition against washing by 25 --

sub-section (1) washerman Section 282 Failure to give information of 100 -- dangerous disease Section 284 Failure to comply with requisition 50 -- to cleanse and disinfect buildings or article Section 285 Failure to comply with requisition 50 -- to destroy infectious huts or sheds Section 286 Washing of clothing, bedding, etc., 25 -- at any place not notified by the Chairperson Section 288, Sending infected clothes to 25 --

sub-section (1) washerman or laundry Section 288, Failure to furnish address of 25 --

sub-section (2) washerman or laundry to which clothes have been sent Section 289, Use of public conveyances by 50 --

sub-sections(1), persons suffering from a dangerous

(2) and (3) disease, etc. Section 291 Failure to disinfect buildings 100 -- before letting the same Section 292 Disposal, of infected articles 50 -- without disinfection Section 293 Making or selling of food, etc.,or 50 - washing of clothes by infected persons Section 294 Sale of food or drink in 50 -- contravention of restriction or prohibition of Chairperson Section 295 Removal or use of water from 50 -- wells and tanks in contravention of prohibition of Chairperson Section 296 Exposure of persons to risk of 100 -- infection by the presence or conduct of a person suffering from a dangerous disease, etc. Section 297 Removal of infectious corpses in 50 -- contravention of the provisions of the section Section 298, Absence of sweepers, etc., from Imprisonment

sub-sections (1) duty without notice which 'may extend

and (2) to one month Section 299 A sweeper employed for doing 10 - house scavenging not to discon- tinue work without notice --------------------------------------------------------------------- 148 --------------------------------------------------------------------- Section, Subject Fine or Daily fine which sub-section, imprisonment which may be imposed clause or proviso may be imposed --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Rs. Rs. Section 300 Failure to Supply information by 50 Persons incharge of burning or bu- rial grounds Section 301 Use of new burning or burial 50 ground without permission Section 302, Failure to comply with

sub-section (1)requisition to close a burning or 50 - burial ground Section 302, Burning or burial of corpses in a 50 -

sub-section (2)burning Or burial ground after it has been dosed Section 303 Removal of corpses by other than 25 - prescribed routes Section 304, Failure,to give notice for removal 10 - clause (b) of carcasses of dead animals Section 307, Failure to give information of 50 - sub-sections births and deaths

(1) and (2) Section 308, Commission of nuisances 50 -

sub-sections(1),

(2) and (3) Section 309 Failure to comply with requisition 500 25 for removal or abatement of nuisance Section 310, Dogs not to be at large in a street 50 --

sub-section (4)without being secured by a chain lead Section 310 Ferocious dogs at large 100 --

sub-section (5)without being muzzled, etc. Section 311 Staking imflammable material in 50 -- contravention of prohibition Section 312 Setting a naked light 50 Section 313 Discharging fireworks, firearms, 50 etc., likely to cause danger Section 314 Failure to comply with requisition 50 to render buildings, wells, etc., safe Section 315 Failure to comply with requisition 50 to enclose land used for improper purposes Section 317, Sale in municipal markets 200

sub-section (1)without permission Section 318, Use of places as private markets 500 25 sub-sections without a licence and use of places

(1) and (2) other than a municipal slaughter house as slaughter houses Section 318, Non-compliance with conditions 50

sub-section (2)imposed by Chairperson proviso(a) Section 320 Keeping market open without 2000 - licence, etc. Section 321 Sale in unlicensed market 50 - Section 322 Carrying on business or trade near 50 - a market ---------------------------------------------------------------------

--------------------------------------------------------------------- Section, sub-section, clause or proviso --------------------------------------------------------------------- 1 --------------------------------------------------------------------- Section 324 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 Section 353,

sub-section (4) Section 364,

sub-section (3) Section 404 Section 405 Section 406 ---------------------------------------------------------------- Subject ---------------------------------------------------------------- 2 ---------------------------------------------------------------- Failure of person in charge of markets to expel lepers and disturbers from the market Carrying on butcher's, fishmonger's or poluterer's trade without licence, etc. Establishment of factory, etc., without permission Certain things not to be kept and certain trades and operations not to be carried on without a licence Keeping, abandonment or tethering of animals, etc. Use of premises in contravention of declaration Hawking articles for sale without a licence, etc. Keeping a lodging house, eating house, tea shop, etc., without licence or contrary to. licence Keeping open theatre, circus or other place of public amusement without licence or contrary 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 Act, 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 exhibited by or under orders of the Council, Chairperson, etc. ---------------------------------------------------------------- Fine or Daily fine which imprisonment which may be imposed may be imposed ---------------------------------------------------------------- 3 4 ---------------------------------------------------------------- Rs. Rs. 50 -- 100 10 5000 50 1000 100 100 - 500 - 100 - 100 - 500