The New Delhi Municipal Council

(Licensing and Control of Plumbers) Bye-laws, 2006.

In exercise of the powers conferred by sub-sections (4), (7) and (8) of section 193 and sub-section (1) of section 388 of the New Delhi Municipal Council Act, 1994 (44 of 1994), the New Delhi Municipal Council (hereinafter called “the Council”) propose to make the following “ The New Delhi Municipal Council (Licensing and Control of Plumbers) Bye-laws 2006” and invite suggestions/objections, from persons likely to be affected thereby, before the expiry of 30 days from the date of publication of a notice in the Hindustan Times, the Nav Bharat Times and the Milap.

Suggestions/objections so received shall be taken into consideration on or after the expiry of 30 days from the date of publication of the said notice in the said newspapers.

1. Short title, extent and commencement.--

(1) These Bye-laws may be called “The New Delhi Municipal Council (Licensing and Control of Plumbers) Bye- Laws, 2006”.

(2) These bye-laws shall apply to all licensed plumbers executing works in New Delhi.

(3) These bye-laws shall come into force on and from the date of their publication in the Official Gazette.

2. Definitions.-- (1) In these bye-laws, unless the context otherwise requires--

(a) “Act” means the New Delhi Municipal Council Act, 1994 (44 of 1994);

(b) “Chairperson” means the Chairperson of the Council and includes any municipal officer or other municipal employee duly authorized by him by a general or special order;

(c) “competent authority” means any municipal officer or other municipal employee specified, by order, by the Chairperson, who is charged with the responsibility of implementation of these bye-laws.

(d) “license” means a license granted by the competent authority to a plumber for sanitary and filtered water supply.

(e) “plumber” means a firm or individual who can undertake execution of sanitary and filtered water supply works; and

(f) “section” means a section of the Act.

(2) Words and expressions used in the Act and not defined herein shall, unless the context otherwise requires, have the meanings assigned to them in the Act.

3. Plumbing to be done by licensed plumbers.---

(1) Every plumber, shall obtain a license from the competent authority before carrying out works connected with drainage and the filtered water supply of any premises.

(2) Notwithstanding anything contained in sub-byelaw (1), if the work relates to plumbing in respect of any Government or Council building or premises and the same is being executed under the direct supervision of a Civil engineer or Public Health Engineer who holds a diploma or degree from a recognized institution and is employed as such by that Government or Council, as the case may be, the necessity of a license may not be insisted upon.

4. Application form.--- An application for the grant of a license shall be submitted in the prescribed form, attached to these bye-laws, addressed to the competent authority.

5. Qualifications.--- A candidate must ---

(i) (a) be a qualified ITI plumber, or be a Diploma/Degree holder in Civil Engineering from a recognized Institute; or

(b) have passed 12^th class of a recognized Board and have a minimum three years experience of execution of sanitary or water plumbing works in any Government department/local body/licensed Architect/Engineer; and

(ii) have smoke testing machine/hydraulic machine in proper working order.

6. Scrutiny of applications and holding of Tests.--- The competent authority shall arrange scrutiny of all applications received and may, if it considers it necessary, for reasons to be recorded in writing, conduct written and oral tests for judging the suitability for grant of a license, only of those applicants whose applications are found to be in order, in accordance with bye-law 5. Such a test may be held as and when considered necessary by the competent authority.

7. Approval of competent authority.--- After the application of an applicant for the grant of a license has been approved by the competent authority, he shall be informed in writing that his application has been approved and that he should deposit license fee and security deposit as prescribed in bye-law 8.

8. Security deposit and license fee.-- (1) The applicant shall make the security deposit and pay the fee at such rates which shall not be less than the following, as may be determined, from time to time, by the Council :-

(a)	Security Deposit	Rs. 5000/-
(b)	License fee ( for the duration of the license)	Rs. 2,000/-

(2) The fee shall be payable in the shape of demand Draft in favour of “The New Delhi Municipal Council”.

(3) If the applicant fails to deposit the prescribed security deposit or pay the prescribed fee within one month from the date on which intimation was sent to him that his application had been approved, his application shall be deemed to have been rejected.

9. License.--- On receipt of the security deposit and license fee, and not otherwise, a license in the prescribed proforma as at Schedule ‘A’ to these bye-laws shall be issued by the competent authority. A copy of these bye-laws shall be attached to every license granted to a plumber.

10. Rejection of an application.--- When an application for a license is rejected, the reasons for such rejection shall be communicated to the applicant.

11. Duration of license and issue of duplicate in case of loss.--- (1) Every licence granted under these bye-laws shall be valid for a period of five years from the date of its issue.

(2) After the expiry of the duration of the license, an application for grant of a fresh licence may be submitted in the prescribed form, as per procedure outlined above, or an application for renewal of the existing license may be submitted :

Provided that no fresh security Deposit shall be necessary in the case of an application for the renewal of the existing license:

Provided further that if the licensee applies for renewal of existing license within a period of less than thirty days before its expiry, no written or oral test, referred to in bye-law 6 shall ordinarily be conducted in his case.

(3) If the license of plumbing has been lost, the licensee shall make a report of the same to Police authorities and the Chairperson may, whenever satisfied and after holding such enquires as he may think fit, issue a duplicate copy of the license after charging such fees as are specified by him, from time to time, by order.

12. Control of licensed plumbers.--- Adequate control shall be exercised by the competent authority on all licensed plumbers.

13. Inspection.-- The Chairperson may at any time without notice inspect any work done by a licensed plumber or his place of business.

14. Work to be done diligently and in workman like manner.-- Every licensed plumber shall proceed with any work undertaken diligently and in a proper workman-like-manner and shall not cause any delay in the execution thereof without sufficient cause.

15. Pipes and fittings to be approved.--- In execution of any work no pipes, fittings, appliances or material shall be used unless the same are of specified standard duly approved by the Chairperson.

16. No work to be done without permission.--- No licensed plumber shall make any water connection or any addition or alteration in fittings and appliances or carry out any other work in or with reference to public streets, pipes, sewers, drain without verification of the sanction issued by the Chairperson.

17. Licensed plumbers’ obligation.--

(1) Every licensed plumber shall report to the Chairperson any defect noticed by him in any premises or building in regard to any water pipe, fitting or other appliance causing wastage of water or in connection with any drain, water closet, privy, urinal or any fitting, appliance connected therewith rendering such drain, privy or urinal insufficient or otherwise objectionable for sanitary reasons.

(2) A licensed plumber, in all matters in which he may be employed, shall afford every assistance in his power to the Chairperson in carrying out and enforcing the bye-laws and orders for the time being in force.

(3) A licensed plumber shall, in every work in which he may be employed, comply with the bye-laws in force and such orders as may be issued by the Chairperson and are applicable to the circumstances of the case.

18. Licence not transferable.--- The licence is not transferable and no licensed plumber shall allow his name to be used by another person either for the purpose of obtaining permit or for doing business under his licence.

19. Suspension and cancellation of licence.--- The licence issued under these bye-laws may at any time be suspended or cancelled by the competent authority if it is satisfied that it has been secured through mis-representation or fraud, or the licencee has indulged in breach of any condition of the licence or any provision of these bye-laws or if it is satisfied that the licensed plumber has executed carelessly or negligently any work or has made use of bad materials, appliances or fittings. In the event of cancellation, such plumber shall not be entitled to the refund of security or any portion of the licence fee. The person whose licence has been cancelled shall not be permitted to apply for a licence again within two years from the date of such cancellation:
Provided that----

(a) before making any order of suspension or cancellation reasonable opportunity shall be accorded to the licensee; and

(b) every such order shall contain a brief statement of reasons for the suspension or cancellation.

20. Surrender of licence.--- If any licensed plumber desires to surrender his licence due to any reason he shall surrender his licence for cancellation to the competent authority and he will have to clear all the dues. No refund in respect of license fee shall be allowed, but the security amount, after adjustment, if any, is liable to be refunded.

21. Hearing and disposal of complaints.--- All complaints made by the owner or occupier of premises and received in the office of the Council with regard to the quality of work done, material used, delay in execution of work or the charges made, by a licensed plumber shall be heard and decided by the competent authority, after observing, as far as possible, the rules of natural justice.

22. Penalty.--- Whoever contravenes any provision of these bye-laws shall be liable for punishment in accordance with the provisions of section 390 and / or liable for cancellation of his licence.