Sec 399 to 419 Chapter XXIII (Miscellaneous) The New Delhi Municipal Council Act, 1994

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.

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.

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.

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.

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.

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.

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.

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

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.

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 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.

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.

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.

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.

 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 consular mission of a foreign State or the High Commission of a Commonwealth country and any official of such mission or High Commission.

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. 

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.

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.

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 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.

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 from 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 budget-grant 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.

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.

419. Repeal of Ordinance 8 of 1994.—

(1) The New Delhi Municipal Council Ordinance, 1994 (Ordinance 8 of 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.

THE FIRST SCHEDULE

[See section 2(27)]

BOUNDARIES OF NEW DELHI

The area bounded by-

The junction of the Pusa Road and Upper Ridge Road towards east along the New Link Road, the Panchkuian Road upto its junction with the Old Gurgaon Road; thence towards north-east along the Old Gurgaon Road and Chelmsford Road; upto the New Delhi Railway Station; thence towards south and south east along the railway line upto its junction with the Harding Bridge; thence towards south along the Mathura Road upto its junction with Lodi Road; thence towards south along the Lodi Road upto its junction with the first road leading to Lodi Colony; thence towards south along the first road leading to Lodi Colony upto its junction with the Ring Railway; thence towards west along the railway line upto its junction with Qutab Road; thence towards south along the Qutab Road upto to its junction with Kaushak Nulla; thence towards east along the Kaushak Nulla up to its junction with the Boundary of the Corporation; thence towards south and thence towards west along the boundary of the Corporation and along the south boundary of the Medical Enclave upto its junction with the Ring Road near Gwalior Potteries; thence towards north-west along the Ring Road upto its junction with Kitchner Road, thence towards north along the Upper Ridge Road up to the starting point.

THE NINTH SCHEDULE

[See section 327(1)]

PURPOSES FOR WHICH PREMISES MAY NOT BE USED WITHOUT A LICENCE

Carrying out any of the following trades or operations connected with trades:—

1. Baking

2. Cinematograph films, Shooting of—

3. Cinematograph films by any process whatsoever. Treating of—

4. Chillies or masala or corn or seeds. Grinding of by mechanical means—

5. Cloth, yarn or leather in indigo or in other colours. Dyeing or printing of—

6. Cloth or yarn Bleaching—

7. Eating house or a catering establishment. Keeping of an—

8. Grain. Parching—

9. Ground-nut-seeds, tamarind seeds or any other seeds. Parching—

10. Hair dressing saloon or a barber's shop. Keeping of a—

11. Hides or skins, whether raw or dried. Tanning, pressing or packing—

12. Laundry shop. Keeping a—

13. Leather goods. Manufacturing of by mechanical means—

14. Litho press. Keeping a—

15. Lodging house. Keeping of a—

16. Metal. Casting—

17. Precious metals. Refining of or recovering of them from embroideries—

18. Printing press. Keeping a—

19. Sweetmeat shop except in premises already licensed as an eating house. Keeping—

20. Carrying on the trade or business of or any operation connected with the trade of—

(i) Autocar or autocycle servicing or repairing.

(ii) Blacksmithy.

(iii) Coppersmithy.

(iv) Electroplating.

(v) Glass beveling.

(vi) Glass cutting.

(vii) Glass polishing.

(viii) Goldsmithy.

(ix) Marble cutting, grinding, dressing or polishing.

(x) Metal (ferrous or non-ferrous or antimony but excluding previous metal) cutting or treating metal by hammering, drilling, pressing, filling, polishing, heating or by any other process whatever or assembling parts of metal.

(xi) Photography-studio.

(xii) Radio (wireless receiving set) selling, repairing, servicing or manufacturing.

(xiii) Silversmithy.

(xiv) Spinning or weaving cotton, silk, art silk, or jute or wool with the aid of power.

(xv) Stone grinding, cutting, dressing or polishing.

(xvi) Timber or wood sawing or cutting by mechanical or electrical power.

(xvii) Tinsmithy.

(xviii) Washerman‟s trade.

(xix) Welding or metal by electric, gas or any process whatsoever.

21. Manufacturing, parching, packing, pressing, cleaning, cleansing, boiling, melting, grinding or preparing by any process whatever any of the following articles—

(i) Aerated waters.

(ii) Bakelite goods.

(iii) Bidis (indigenous cigarettes), snuff, cigars or cigarettes.

(iv) Bitumen.

(v) Blasting powder.

(vi) Bones.

(vii) Bricks or tiles by hand power.

(viii) Bricks or tiles by mechanical power.

(ix) Brushes.

(x) Candles.

(xi) Catgut.

(xii) Celluloid or celluloid goods.

(xiii) Cement concrete designs or models.

(xiv) Charcoal.

(xv) Chemicals.

(xvi) Cinematograph films stripping in connection with any trade.

(xvii) Cosmetics or toilet goods.

(xviii) Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yarn, silk inclusive of waste yarn, art silk, art silk waste, art silk yarn, wool or woollen refuse or waste.

(xix) Cotton seeds.

(xx) Dammar.

(xxi) Dynamite.

(xxii) Fat.

(xxiii) Fireworks.

(xxiv) Flax.

(xxv) Ink for printing, writing, stamping, etc.

(xxvi) Gas.

(xxvii) Ghee.

(xxviii) Glass or glass articles.

(xxix) Gunpowder.

(xxx) Hemp.

(xxxi) Ice (including dry ice).

(xxxii) Insecticide or disinfectants.

(xxxiii) Leather cloth or rexine cloth or water proof cloth.

(xxxiv) Lime.

(xxxv) Linseed oil.

(xxxvi) Matches for lighting (including Bengal matches).

(xxxvii) Mattresses and pillows.

(xxxviii) Offal.

(xxxix) Oil-cloth.

(xl) Oil other than petroleum (either by mechanical power or by hand power or ghani driven by bullock or any other animal).

(xli) Pharmaceutical or medical products.

(xlii) Rubbers or rubber goods.

(xliii) Paints.

(xliv) Paper or cardboard.

(xlv) Pickers from hides.

(xlvi) Pitch.

(xlvii) Plastic goods.

(xlviii) Pottery by hand power.

(xlix) Pottery by mechanical or any power other than hand power.

(l) Sanitary-ware or china-ware.

(li) Soap.

(lii) Sugar.

(liii) Sweetmeat and confectionery goods.

(liv) Tallow.

(lv) Tar.

(lvi) Varnishes.

(lvii) Wooden furniture, boxes, barrels, khokas, or other articles of wood or of plywood or sandalwood.

PART II

ARTICLES WHICH MAY NOT BE STORED IN ANY PREMISES WITHOUT A LICENCE

1. Asafoetida.

2. Ashses.

3. Bamboos.

4. Bidi leaves.

5. Blasting powder.

6. Blood.

7. Bones, bone meal or bone powder.

8. Champhor.

9. Carbide of calcium.

10. Cardboard.

11. Celluloid or celluloid goods.

12. Charcoal.

13. Chemicals, liquid.

14. Chemicals, non-liquid.

15. Chillies.

16. Chlorate mixture.

17. Cinematograph films-non-inflammable or accetate or safety base.

18. Cloth in pressed bales or boras.

19. Cloth or clothes of cotton, wool silk, art silk, etc.

20. Coal.

21. Coconut fibre.

22. Coke.

23. Compound gas, such as oxygen gas, hydrogen gas, nitrogen gas, carbon dioxide gas, sulphur dioxide gas, chlorine gas, acetylene gas, etc.

24. Copra.

25. Cotton including Kahok, surgical cotton and silky cotton.

26. Cotton refuse or waste or cotton yarn refuse or waste.

27. Cotton seed.

28. Detonators.

29. Dry leaves.

30. Dynamite.

31. Explosive paint such as nitro-cellulose paint, lacquer paint, enamel paint, etc.

32. Fat.

33. Felt.

34. Fines.

35. Firewood.

36. Fireworks.

37. Fish (dried).

38. Flax.

39. Fulminate.

40. Fulminate of mercury.

41. Fulminate of silver.

42. Gelatine.

43. Gelignite.

44. Grass.

45. Gun-cotton.

46. Gunpowder.

47. Gunny Bags.

48. Hair.

49. Hay or fodder.

50. Hemp.

51. Hessain cloth (gunny-bag cloth).

52. Hides (dried).

53. Hides (raw).

 54. Hoofs.

55. Horns.

56. Incense or esas.

57. Jute.

58. Khokas, boxes barrels, furniture or any other article of wood.

59. Lacquer.

60. Lether.

61. Matches for lighting (including Bengal matches).

62. Methylated spirit, denatured spirit or French polish.

63. Netro-cellulose.

64. Netro-compound.

65. Netro-glycerine.

66. Netro-mixture.

67. Offal.

68. Oil, other than petroleum.

69. Oilseeds including almonds, but excluding cotton seeds.

70. Old paper or waste paper including old newspaper, periodicals, magazines, etc.

71. Packing stuff (paper cuttings, husk, saw dust, etc.).

72. Paints.

73. Paper other than old paper in pressed bales or loose or in reams.

74. Petroleum, other than dangerous petroleum, as defined in the Petroleum Act, 1934.

75. Phosphorus.

76. Plastic or plastic goods.

77. Plywood.

78. Rags, including small pieces or cuttings of cloth, hessian cloth, gunny-bag cloth, silk, art silk or woollen cloth.

79. Rosin or dammar Battar otherwise known as Ral.

80. Safety fuses, fog signals, cartridges, etc.

81. Saltpetre.

82. Sandalwood.

83. Silk waste, or silk yarn waste, art silk waste, or art silk yarn waste.

84. Sisal fibre.

85. Skins (raw or dried).

86. Straw.

87. Sulphur.

88. Tallow.

89. Tar, pitch, dammar or bitumen.

90. Tarpauline.

91. Thinner.

92. Timber.

93. Turpentine.

94. Varnish.

95. Wool (raw).

96. Yarn other than waste yarn.