The New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector

1

ITEM NO. 1 (C-37)

Confirmation and signing of the minutes of last Council’s Meeting No. 08/2005-06 dated 23.11.2005 at 11-30 A.M., adjourned and held at 11.45 a.m., re-adjourned and again held at 11.50 a.m. at Committee Room, Palika Kendra, NDMC. ( See Pages 2 – 7 ).

COUNCIL’S DECISION

Confirmed.

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA : NEW DELHI

MINUTES OF THE COUNCIL’S MEETING NO. 08/2005-2006 HELD ON 23.11.2005.

MEETING NO. / : / 08/2005-2006
DATED / : / 23.11. 2005
TIME / : / 11-30 A.M.
PLACE / : / PALIKA KENDRA, NEW DELHI.

PRESENT :

1.Smt. Sindhushree Khullar :Chairperson

2.Smt. Tajdar Babar, :Vice-Chairperson

3.Sh. Ashok Ahuja:Member

4.Smt. Mohini Garg:Member

5.Sh. K.S. Sugathan:(On granted leave of absence)

6.Sh. Keshav Chandra:Secretary, N.D.M.C.

The meeting was adjourned for want of quorum.

( KESHAV CHANDRA) ( SINDHUSHREE KHULLAR )

SECRETARY CHAIRPERSON

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA : NEW DELHI

MINUTES OF THE ADJOURNED COUNCIL’S MEETING NO. 08/2005-2006

HELD ON 23.11.2005.

MEETING NO. / : / 08/2005-2006
DATED / : / 23.11. 2005
TIME / : / 11-45 A.M.
PLACE / : / PALIKA KENDRA, NEW DELHI.

PRESENT :

1.Smt. Sindhushree Khullar :Chairperson

2.Smt. Tajdar Babar, :Vice-Chairperson

3.Sh. Ashok Ahuja:Member

4.Smt. Mohini Garg:Member

5.Sh. K.S. Sugathan:(On granted leave of absence)

6.Sh. Keshav Chandra:Secretary, N.D.M.C.

H O M A G E

Homage to Late Sh. K.R. Narayanan, Former President of India.

The Chairperson and the members of the Council expressed deep concern and sorrow on demise of Sh. K.R. Narayanan, Former President of India.

Two minutes silence was observed in the memory of the departed soul and the meeting of the Council was adjourned without transaction of business.

( KESHAV CHANDRA) ( SINDHUSHREE KHULLAR )

SECRETARY CHAIRPERSON

NEW DELHI MUNICIPAL COUNCIL

PALIKA KENDRA : NEW DELHI

MINUTES OF THE RE-ADJOURNED COUNCIL’S MEETING NO. 08/2005-2006

HELD ON 23.11.2005.

MEETING NO. / : / 08/2005-2006
DATED / : / 23.11. 2005
TIME / : / 11-50 A.M.
PLACE / : / PALIKA KENDRA, NEW DELHI.

PRESENT :

1.Smt. Sindhushree Khullar :Chairperson

2.Smt. Tajdar Babar, :Vice-Chairperson

3.Sh. Ashok Ahuja:Member

4.Smt. Mohini Garg:Member

5.Sh. K.S. Sugathan:(On granted leave of absence)

6.Sh. Keshav Chandra:Secretary, N.D.M.C.

item no. / ITEM / PROCEEDINGS
01 (C-34) / Confirmation and signing of the minutes of last Council’s Meeting / Confirmed
02 (A-18) / Strengthening of Water Supply System in NDMC Area. S.H. Procurement of Water Meter of ISO Mark of various sizes. / Resolved by the Council that :
Director (Commercial) shall put up a separate paper for facilitating decision on the issue of providing meters by the private consumers. Further, Director (Commercial) will undertake survey to ascertain number of defective meters.
The tenders be rejected and further action be taken only after issue at Sr.No. 1 is decided. It was also decided to allow consumers to install their own meters approved by appropriate authority for which wide publicity will be given.
Director (Comm.) will also submit a paper on water audit.
03 (B-10) / Supply, installation, testing & commissioning of 16 Nos. lifts at NDCC Phase-II. / Resolved by the Council that administrative approval and expenditure sanction, as explained in the preamble, to get additional / substituted items of the works done, from M/s Kone Elevators, at the negotiated rates, as concurred in by the Finance deptt., vide their Dy. No. 1849 dated 22.09.2005, is approved.
It was also resolved that a Sub-Committee of official members of the Council shall be constituted for exploring the possibility of commercial exploitation of space on as is where is basis as provided u/s 9 of NDMC Act.
04 (B-11) / Replacement of 7 no. Elevators at Lok Nayak Bhawan, New Delhi / Resolved by the Council that the proposal is deferred and the Department shall bring up the proposal in the next meeting of the Council incorporating latest comments / recommendations of the concerned departments.
05 (B-12) / Providing of 16 Nos. Elevators at NDCC Phase-II / Resolved by the Council that Administrative approval and expenditure sanction, as mentioned in the preamble, to release the balance cost of material, against submission of valid Bank Guarantee of the same amount, subject to withdrawal of arbitration case by the firm, as concurred in by the Finance Deptt. vide their Dy. No. 1989 dt. 04.10.2005, is approved.
06 (A-19) / Desilting and rehabilitation of 66” dia trunk sewer line from Q-Point to Dayal Singh College in NDMC area by Delhi Jal Board – Approval of MOU. / Resolved by the Council that the action already taken by the Chairperson and entrustment of the work relating to de-silting and rehabilitation of 66” dia trunk sewer line from Q-point to Dayal Singh College in NDMC area to DJB at an estimated cost of Rs. 22,70,85,000/- for carrying out the work on competitive basis in accordance with the General Finance Rules applicable to the Govt. bodies, is approved. Annexure C to the agendum need to be modified and will be submitted after given authentication by CE(C-I).
It was further resolved by the Council that the Chairperson is authorized to approve MOU to be signed by CE(C)-I between NDMC and DJB.
07 (O-4) / Audit Comments on Monthly Accounts for the period January-2005 to March-2005 / Resolved by the council that information regarding audit comments on Monthly Accounts for the period January 2005 to March 2005 as reported by the Chief Auditor is noted.
08 (D-19) / Investment policy of NDMC : Minutes of the meeting held under the said policy of the Council laid down by Resolution No. 6(D-17) dated 31st October, 2003 & 5(D-18) dated 25th November, 2003. / Information noted.
09 (C-35) / Action Taken Report on the status of ongoing schemes/works approved by the Council. / Information noted.
10 (C-36) / Contracts/Schemes involving an expenditure of Rs. 1 Lac but not exceeding Rs. 50 Lacs. / Information noted.
11 (F-1) / Approval of the New Delhi Municipal Council (Appointment of Agents of Absentee Owners of Lands & Buildings) Bye-Laws 2005. / Resolved by the Council that the amended draft bye-laws are approved and be sent along with the copies of the objections/suggestions received from the public as well as the tabular statement to the Govt. of NCT of Delhi for approval & publication in the official gazette.
12(M-7) / Shifting of Primary School at Sher Shah Mess in the vicinity of Delhi High Court. / Resolved by the Council :
That the N.P. Primary School, Sher Shah Mess premises be vacated on or before 30/4/06 and handover the vacant possession of land to the L &DO.
That a copy of the resolution be submitted to the Hon’ble Court before the next date of hearing on 6/12/05.
13 (G-1) / Determination of Tariff to be charged in respect of the premises registered under “Paying Guest Residential Accommodation” Scheme of Govt. of NCT of Delhi. / Resolved by the Council that the Units registered under the “Paying Guest Residential Accommodation” Scheme of Govt. of Delhi, located within the jurisdiction of NDMC, be charged tariff for electricity & water supply, in the non-domestic category. The practice of imposing misuse charges be discontinued in respect of such units. House Tax shall be charged as per rules & regulations within the purview of NDMC Act, 1994 and the decision of the Council prevalent for the current period.
Further resolved by the Council that this will be implemented w.e.f. the date of notification of the PGRA Scheme of GNCTD or registration of premises under PGRA Scheme, whichever is later.
It was further decided by the Council to communicate this decision to the Ho’nble High Court before 28th November, 2005, in anticipation of confirmation of the minutes.
14 (E-7) / Issuance of Appreciation Certificate for extraordinary devotion shown by the field staff of the Health Deptt. on 29.10.2005 after bomb blast at Sarojini Nagar. / Resolved by the Council that the Appreciation Certificates of extra ordinary devotion shown by the field staff of the Sanitation Wing of Health Department on 29/10/2005, after the explosion at Sarojini Nagar, be issued.
15 (V-2) / Guidelines for cellular antenna. / Deferred

( KESHAV CHANDRA) ( SINDHUSHREE KHULLAR )

SECRETARY CHAIRPERSON

ITEM NO. 2 (E-8)

1. Name of the subject / project :

Approval of the New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases) Bye-laws, 2005.

2.Name of the Department :

Health Department.

3.Brief History of the subject / project :

Under clause (i) of section 11 of the NDMC Act 1994, “measures for preventing and checking the spread of dangerous diseases” is one of the obligatory function of the Council, and under section 388(1)-E (7) the Council is empowered to make bye-laws on the subject of “prevention of spread of dangerous diseases’. Draft of NDMC(Dengue, Malaria, Filariasis, Yellow Fever and Other Mosquito Borne Diseases) Bye-laws 1994 was approved by the Council vide their Resolution No.3(xiii) of the meeting held on 30.8.1997. Suggestion/objections were invited through public notice published in “The Hindustan Times”, “The Hindustan” and “The Milap” dated 31.7.2005. No suggestion/objection was received from any person affected thereby.

4.Detailed proposal on the subject/project:

4.1It had been provided in the draft bye-laws that if an owner/occupier does not, even after notice, take measures/methods to contain the breeding of mosquitoes/other vectors, the Chairperson shall do the needful, at Council’s cost, and recover the expenses as property tax. Law Department advised that this recovery cannot be made as “property tax” but has to be made under section 363 as an arrears of tax. Necessary corrections in draft Bye-laws 5 and 7 have been made.

4.2A copy of the amended bye-laws is annexed as Annexure I (See pages 10-13).

1. Financial implications of the proposed project / subject:

No financial implications are involved.

1. Implementation schedule with timeliness for such stage including internal proceeding:

After the Council has approved the New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases) Bye-laws, 2005 the same will be sent to the Government of NCT of Delhi for their approval and publication in the Official Gazette, as required under section 391 (1) of the NDMC Act, 1994. The Bye-laws as approved by the Council will be forwarded to the Government of NCT of Delhi within one month of their approval.

1. Comments of the Finance Department on the subject :

As there are no financial implications, Finance Department has not been consulted.

1. Comments of the Department on comments of Finance Department :

Not applicable.

1. Details of previous Council Resolution, existing law of Parliament and Assembly on the subject :

This has been indicated against Para 3 above.

1. Comments of the Law Department on the subject :

Subject to what is stated in para 4 above, the Law Department have concurred in the draft Bye-laws.

1. Comments of the Department on the comments of the Law Department :

No comments.

1. Recommendations :

Under sub-section (1) of section 391 of the NDMC Act, 1994 it is proposed to send the amended draft Bye-laws (Annexure I) to the Government of NCT of Delhi for approval and publication in the Official Gazette.

1. Draft Resolution :

Resolved by the Council that the amended draft Bye-laws are approved and be sent to the Government of NCT of Delhi for approval and publication in the Official Gazette.

COUNCIL’S DECISION

Resolved by the Council that the amended Bye-laws are approved and be sent to the Govt. of NCT of Delhi for approval and publication in the Official Gazette.

ANNEXURE-I

The New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases) Bye-laws 2005.

The following Bye-laws to be called the New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases) Bye- Laws, 2005 made by the New Delhi Municipal Council under item (7) under the heading “E. Bye-laws relating to sanitation and public health” below sub-section (1) of section 388 read with clause (i) of section 11 of the New Delhi Municipal Council Act, 1994 (44 of 1994), after previous publication and as no objection/suggestion was received in this behalf and with the prior approval of the Government of National Capital Territory of the Delhi are hereby published as under: -

The New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases) Bye-laws 2005.

1.Short title, Extent and Commencement :-

(a) These Bye-laws may be called the New Delhi Municipal Council (Dengue, Malaria, Filariasis, Yellow Fever and Other Vector Borne Diseases ) Bye-laws 2005.

(b) They extend to New Delhi as defined in the Act.

(c) They shall come into force on and from the date of their publication in the Official Gazette.

2.Definitions :-

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 to whom powers have been delegated by him under section 400 of the Act;

(c)“Council” means the New Delhi Municipal Council established under the Act;

(d)“other vector” means vector of Medical importance only;

(e)“section” means a section of the Act; and

(f)the expressions “bye-law” “premises” “regulation” and “rule” shall have the same meaning as defined in the Act.

3.Duty of persons in occupation of premises :-

(1 ) No person shall :-

1. have, keep or maintain upon or within the premises in his occupation any collection of standing or flowing water in which mosquitoes/other vector breed, or are likely to breed; or
2. cause, permit or suffer any water within or upon such premises to form a collection in which mosquitoes/other vector breed or are likely to breed, unless such collection of water has been so treated effectively, to prevent such breeding.

(2)The natural presence of mosquito/other vector larvae, in any standing or flowing water, shall be an evidence that mosquitoes/other vector are breeding in such water.

4.Treatment of places of breeding of mosquito/other vector :-

The Chairperson may, by notice in writing require the owner or the occupier of any premises, containing any collection of standing or flowing water in which mosquitoes/other vector breed or are likely to breed within such time other vectors include only vectors of Medical importance as may be specified in the notice, not being less than twenty four hours, to take such measures with respect to the same, or to treat the same by such physical, chemical or biological method, being measures or any method, as the Chairperson may consider suitable in the circumstance.

5.Powers of chairperson in case of default :-

If a notice under bye-law 4 is served on the owner/occupier, and if the owner/occupier fails or refuses to comply with the same or to take measures, or adopt such treatment, as specified in the notice within the stipulated period, the Chairperson shall do the needful at the cost of owner/occupier and shall be entitled to recover from the owner/occupier the expenses incurred by him in taking such measures or adopting such method or treatment, and may, recover such expenses as an arrear of tax under section 363.

6. Protection of anti mosquito/other anti-vector works :-

Where with the object of preventing breeding of mosquitoes/other vector in any premises, the Chairperson, or the owner or occupier, at the instance of the Chairperson, has carried out any work on such premises, the owner or the occupier for the time being of such premises shall prevent its being used in any manner which causes or is likely to cause, the deterioration of such works, or which impairs or is likely to impair, their efficiency.

7. Prohibition or interference with such works :-

(1)No person shall without the consent of the Chairperson interfere with, injure, destroy or render useless, any work, material or thing placed in any premises by or under orders of the Chairperson with the object of preventing the breeding of mosquitoes/other vector.

(2)If the provisions of clauses (1) are contravened by any person, the Chairperson may re-execute the work of replacing the material or thing and recover the cost of doing so from such person as an arrear of tax under section 363 of the Act.

8.Provisions in respect of house-hold and other containers:-

The owner or occupier of any premises shall not keep therein any bottle, vessel, can, container or receptacle in such a manner so as to allow it to collect and or retain water which may breed mosquitoes/other vector.

9.Measures to be taken in construction and repair of roads, embankments etc :-

All the burrow-pits dug in the course of construction and repairs of buildings, roads, embankments, etc, shall be deep and connected with each other in the formation of a drain directed towards the lowest level and properly sloped for discharge into a river, stream, channel or drain and no person shall create any isolated burrow-pit which is likely to cause accumulation of water which may breed mosquitoes. Weekly insecticidal spray for anti-larvae measures will be undertaken by the concerned contractor. For this purpose anti-larvae unit of the Council may be approached for carrying out anti-larvae measures for which charges will be levied by the Health Department as per agreement entered into with the Council.

10.Power of chairperson to enter and inspect the premises:-

(1)For the purpose of enforcing the provisions, the Chairperson or any Council Officer or other employees authorized in this behalf by him or empowered in this behalf, by or under any provision of the Act, rules or regulations made thereunder, may between the hours of sun rise and sun set as provided under section 343 of the Act, after giving such notice in writing or verbally as may appear to him reasonable, enter and inspect any premises within his jurisdiction and the occupier or the owner, as the case may be of such premises shall give all facilities necessary for such entry and inspection and supply all such information as may be required by him for the purpose aforesaid.

(2)It shall be lawful for the Chairperson or any person authorized by him or empowered in this behalf, by or under any provision of the Act, rules or regulations made thereunder, to make an entry into any place and to open or cause to open any door, gate, or other barrier, subject to the provisions of sub-section (2) of section 342 of the Act–

(a)if he considers the opening thereof necessary for the purpose of such entry; and

(b)if the owner or occupier is absent or being present refuses to open such door, gate or barrier.

11.Penalty :-

Whosoever contravenes any provision of bye-law 3,6,7,8, or 9 of these bye-laws shall be punishable with fine, as per provisions of the Act.