New Delhi Municipal Council Act, 1994
No: 44 Dated: Jul, 14 1994
New Delhi Municipal Council Act, 1994
Act No. 44 of 1994
An Act to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the New Delhi Municipal Council Act, 1994.
(2) It extends to New Delhi.
(3) It shall be deemed to have come into force on the 25th day of May, 1994
2. Definitions.—In this Act, unless the context otherwise requires,—
(1) “Administrator” means the Administrator of the National Capital Territory of Delhi;
(2) “Appellate Tribunal” means an Appellate Tribunal constituted under section 253;
(3) “budget-grant” means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Council and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder;
(4) “building” means a house, out-house, stable, latrine, urinal, shed, hut, wall (other than a boundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter;
(5) “bye-law” means a bye-law made under this Act, by notification in the Official Gazette;
(6) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of a member of the Council;
(7) “Chairperson” means the Chairperson of the Council;
(8) “Corporation” means the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(9) “Council” means the New Delhi Municipal Council established under this Act;
(10) “dangerous disease” means—
(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria; and
(b) any other epidemic, endemic or infectious disease which the Chairperson may, by notification in the Official Gazette, declare to be a dangerous disease for the purposes of this Act;
(11) “Delhi” means the entire area of the National Capital Territory of Delhi except New Delhi and Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957);
(12) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub-soil water;
(13) “entertainment” includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;
(14) “factory” means a factory as defined in the Factories Act, 1948 (63 of 1948);
(15) “filth” includes offensive matter and sewage;
(16) “goods” includes animals;
(17) “Government” means the Government of the National Capital Territory of Delhi;
(18) “house-gully” means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom;
(19) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Council may declare to be a hut for the purposes of this Act;
(20) “inhabitant”, in relation to the municipal area of New Delhi includes any person ordinarily residing or carrying on business or owning or occupying immovable property therein and in case of a dispute, means any person or persons declared by the Chairperson to be an inhabitant;
(21) “land” includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;
(22) “licensed engineer” and “licensed plumber” mean respectively a person licensed under the provisions of this Act as an engineer and a plumber;
(23) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person;
(24) “member”, in relation to the Council, means a member of the Council and includes the Chairperson;
(25) “municipal market” means a market vested in or managed by the Council;
(26) “municipal water works” means water works vested in the Council;
(27) “New Delhi” means the area within the boundaries described in the First Schedule;
(28) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;
(29) “occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner in occupation of or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(30) “offensive matter” includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage;