NDMC ACT (Chapter 21)

MISCELLANEOUS

Delegation of power by the Central Government

399.

The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the Government or any of its officers or by the Chairperson or any other authority.

NOTES ON CLAUSES

This section relates to delegation of powers by the Central Government.

Power to delegate functions of Chairperson

400.

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.

NOTES ON CLAUSES

This section relates to power to delegate functions of the Chairperson.

Validity of notices and other documents

401.

No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.

NOTES ON CLAUSES

This section relates to validity of notice.

Admissibility of document or entry as evidence

402.

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.

NOTES ON CLAUSES

This section relates to admissibility of documents or entry as evidence.

Evidence of Municipal officer or employee

403.3

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.

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 any rule, regulation or bye-law made thereunder.

Prohibition against removal of mark

405.
	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.
	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.
	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.

NOTES ON CLAUSES

This sections relate to evidence of municipal officer or employee and prohibition against obstruction of any municipal authority and removal of mark.

Liability of Chairperson, etc., for loss, waste or misapplication of New Delhi Municipal Fund or property

408.
	(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.

NOTES ON CLAUSES

This section relates to liability of Chairperson etc. for loss, waste or misappropriation of New Delhi Municipal Fund or property.

Members and municipal officers and employees to be public servants

409.
	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 teh definition of "legal remuneration" in section 161of that Code the words "Government" shall, for the puspose of this section, be deemed to include the Council.

NOTES ON CLAUSES

This section provides that Members and municipal officers and employees to be public servants within the meaning of section 21 of the Indian Penal Code.

Annual administration report

410.
	(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 forms 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.

NOTES ON CLAUSES

This section relates to Annual Administration Reports

Other laws not to be disregarded

411.
	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.

NOTES ON CLAUSES

This section provides that other laws not to be disregarded.

Exemption of diplomatic or consular missions from payment of tax, etc.

412.

The Central Government may, by order inthe 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.

NOTES ON CLAUSES

This section relates to exemption of diplomatic or consular mission from payment of tax, etc.

Construction of references

413.
	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.

NOTES ON CLAUSES

This section relates to construction of references.

Council to undertake work on agency basis

414.
	Notwithstanding anything contained in any other provision of this Act, the Council may on such terms and conditions as may be determined by agreeemnt between the Council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.

NOTES ON CLAUSES

This section provides that Council to undertake work on an agency basis.

Power to remove difficulties

415.

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

NOTES ON CLAUSES

This section relates to power to remove difficulties.

Repeal and Savings

416.

(1)	As from the date of the establishment of the Council, the Punjab Municipal Act,1911,(Punjab Act 3 to 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, notificaton, order, scheme, rule, form, notice or bye-law 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, inso 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 Counil shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Counci under this Act;
	(c)	all budget estimates, assessments, valuations, measurements or divisons 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 provisons;
	(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 institued or which might have been instituted by or against the New Delhi Municipal Committee may be continued or instituted by or against the Council.

NOTES ON CLAUSES

This section relates to repeal of the Punjab Municipal Act, 1911 as applicable to New Delhi.

Expenditure in connection with the Council from the commencement of this Act to the adoption of the budget by the Council

417.

(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 rcoverable 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 statements shall be prepared, presented and adopted in such manner and shall provide for such matter as may be determined by the Council.

NOTES ON CLAUSES

This section provides that expenditure in connection with affairs of the Council incurred during the period between the commencement of this Act and establishment of the Council shall be borne by the Central Government and this expenditure will be recoverable by that Government out of the New Delhi Municipal Fund.

Transitory provision

418.

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.

NOTES ON CLAUSES

This section relates to transitory provisions. It provides that the Central Government may appoint a special officer to exercise the powers and discharge functions of the Council until the day on which the first meeting of the Council is held.

Repeal of Ordinance 8 of 1994

419.

(1)	The New Delhi Municipal Council Ordinance 1994 (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 provisions of this Act.