Sec 386 to 392 Chapter XXI (Rules, Regulations And Bye-Laws) The New Delhi Municipal Council Act, 1994

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 bye-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.

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Central Government within one year of the establishment of the Council; and any regulation so made may be altered or rescinded by the Council in the exercise of its powers under this Act.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.

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;

(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;

(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 premises 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;

(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, 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; 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;

(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).

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.  

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.

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.

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.

(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.