Municipal authorities

44. Enumeration of municipal authorities.—

For the efficient performance of its functions, there shall be the following municipal authorities under the Corporation, namely:—

(a) the Standing Committee;

(b) the Wards Committee; and45. Constitution of the Standing Committee.—

1[(1) The Standing Committee shall consist of—

(i) six members elected by the councillors from among themselves at the first meeting of the Corporation;

(ii) one member each elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee; after each general election or as soon as possible at any other meeting subsequent thereto.]

(2) On and 2[from such date as may be determined by the Corporation by resolution] the Standing Committee shall be deemed to have been constituted.

3[(3) One-half of the members referred to in clause (i) of sub-section (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the Standing Committee after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (27 of 1993), and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the Chairman of the Standing Committee may determine;]

(4) During each succeeding year the members who have been longest in office shall retire therefrom:

Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.

4[(5) The Corporation or the concerned Wards Committee as the case may be, shall in a meeting held immediately before the occurrence of the vacancies caused by the retirement of the members under sub-section (3) or sub-section (4), elect the requisite member or members from amongst the councillors or from amongst members of the Wards Committee, as the case may be, to fill up those vacancies.]

(6) Any councillor 5*** who ceases to be a member of the Standing Committee shall be eligible for re-election.

46. Casual vacancies.—

(1) When a casual vacancy occurs in the office of a member of the Standing Committee, 6[Corporation or, as the case may be, Wards Committee shall] fill up the vacancy, as soon as may be after, and in any case within one month of, the occurrence of the vacancy, by the election of another councillor or 7[persons referred to in sub-clause (i) of clause (b) of sub-section (3) of section 3].

(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessor’s term of office

47. Chairman and Deputy Chairman of the Standing Committee.—

(1) The Standing Committee shall at its first meeting in each year elect one of its members 8[who is a councillor] to be the Chairman and another member to be the Deputy Chairman.

(2) The Chairman or the Deputy Chairman of the Standing Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner determined or unless in the case of the Deputy Chairman he is elected as Chairman.

(3) On the occurrence of any casual vacancy in the office of the Chairman or the Deputy Chairman, the Standing Committee shall within one month of the occurrence of such vacancy elect one of its members 8[who is a councillor] as Chairman or Deputy Chairman, as the case may be, and the Chairman or the Deputy Chairman so elected shall hold office for the remainder of his predecessor’s term.

48. Resignation of Chairman and members of the Standing Committee.—

(1) Any member of the Standing Committee may resign his office by writing under his hand addressed to the Chairman; and the Chairman may resign his office by writing under his hand addressed to the Mayor.

(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in the writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Chairman or the Mayor, as the case may be.

49. Functions of the Standing Committee.—

The Standing Committee shall exercise such powers and perform such functions as are specifically conferred or imposed upon it by or under this Act. 1

The Wards Committee

50. Constitution of the Wards Committee.—

(1) For each Zone shall be a Wards Committee which shall consist of,—

(a) all the councillors elected from the wards comprised in that Zone; and

(b) the person, if any, nominated by the Administrator under sub-clause (i) of clause (b) of sub-section (3) of section 3 if his name is registered as an elector within the territorial limits of the Zone concerned.

(2) The Wards Committee shall be deemed to have been constituted from the date on which the Corporation is constituted after each general election.

51. Application of sections 47 and 48.—

The provisions of sections 47 and 48 shall apply in relation to a Wards Committee as they apply in relation to the Standing Committee.

52. Powers and functions of the Wards Committee.—

(1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in the Fifteenth Schedule on behalf of the Corporation in relation to that Zone.

(2) The Central Government may, after consultation with the Government, by notification in the Official Gazette, amend the Fifteenth Schedule.

(3) When any question arises as to whether any matter falls within the purview of a Wards Committee or the Corporation, it shall be referred to the Government, and the decision of that Government thereon shall be final.]

The Commissioner

54. Appointment, etc., of the Commissioner.—

(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Commissioner of the Corporation.

(2) The Commissioner so appointed shall hold office for a term of five years in the first instance: Provided that his appointed may be renewed from time to time for a term not exceeding one year at a time:

Provided further that where the Commissioner holds a lien on any service under the Government, the Central Government may at any time after reasonable notice to the Corporation replace his services at the disposal of that Government.

(3) The Central Government—

(a) shall remove the Commissioner from office if at a special meeting of the Corporation called for the purpose a resolution for such removal has been passed by a majority of not less than three fifths of the total number of members;

(b) may remove the Commissioner from office at any time if it appears, to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties which renders his removal expedient.

(4) The Commissioner shall not undertake any work unconnected with his office without the sanction of the Central Government and of the Corporation.

55. Salary and allowances of the Commissioner.—

The Commissioner shall be paid out of the Municipal Fund such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities (if any) in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government: Provided that the salary of the Commissioner shall not be varied to his disadvantage after his appointment.

56. Leave of absence of Commissioner.—

(1) Leave may be granted to the Commissioner by the Standing Committee.

(2) Whenever such leave is granted to the Commissioner the Central Government shall appoint another person to officiate as Commissioner in his place.

57. Appointment of officiating Commissioner in case of death, resignation or removal of Commissioner.—

If any vacancy occurs in the office of the Commissioner on account of death, resignation or removal, the Central Government may appoint another person to officiate as Commissioner in his place for a term not exceeding two months, pending the appointment of a Commissioner under section 54.

58. Service regulations of Commissioner.—

(1) If the Commissioner is an officer in the service of the Government, the Corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government, to be paid by him or for him, as the case may be.

(2) If the Commissioner is not an officer in the service of the Government, his leave and leave allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the Municipal Fund shall be governed by rules:

Provided that—

(a) the amount of any such leave and leave allowances, gratuity or pension shall in no case, without the special sanction of the Central Government, exceed what would be admissible in the case of Government servants of similar standing and status; and

(b) the conditions under which such allowances, gratuity or pension are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.

59. Functions of the Commissioner.—

Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act 1*** 2*** and of any other Act for the time being in force which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner who shall also—

(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;

(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees other the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and other municipal employees immediately subordinate to them and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;

(c) on the occurrence or threatened occurrence of any sudden accident or any unforseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Standing Committee and the Corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant;

1[(d) subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.]

2 * * * * * Miscellaneous provisions relating to the various municipal authorities

65. Appointment of sub-committees by the various committees.—

(1) The Standing Committee, 3[or the Wards Committee] may appoint from among its own members any sub-committee consisting of such number as that committee may think fit for exercising any power or performing any function of that committee under this Act or for inquiring into or reporting or advising upon any matter which that committee may refer to such sub-committee.

(2) Every such sub-committee shall conform to such instructions as may be given to it by the committee by which it has been appointed.

66. Commissioner and General Managers not to be interested in any contract, etc., with the Corporation.—

(1) A person shall be disqualified for being appointed as the Commissioner 4*** who has, directly or indirectly, by himself or by a partner, or any other person, any share or interest in any contract made with, or any work being done for, the Corporation other than as such Commissioner 5***.

(2) If the Commissioner, 4*** acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the Corporation in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act:

Provided that before an order of removal is made, the Commissioner 6*** shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

67. Vacation of seats by members of committees.—

7[(1) A member of the Standing Committee or a Wards Committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in sub-clause (ii) of clause (b) of sub-section (3) of section 3 shall cease to be a member of that Committee and his seat shall thereupon become vacant.]

(2) If a member of the Standing Committee, 8***, absents himself during three successive months from the meetings of the committee except on account of illness or any other cause approved by the committee, or absents himself during six successive months from the meetings of the committee on account of any cause whatsoever, whether approved by the committee or not, he shall cease to be a member of the committee and his seat shall thereupon become vacant.

68. Committees to continue in office till new committees are constituted.—

The Standing Committee, 9[or the Wards Committee] shall continue to function until a new committee is constituted in accordance with the provisions of this Act notwithstanding that the members or some of the members of such committee have ceased to be councillors or aldermen.

69. Power of Corporation to call for extracts of proceedings from the Committees.—

The Corporation may at any time call for any extract of any proceedings of the Standing Committee, 1[the Wards Committee], the Delhi Rural Areas Committee, the Education Committee or of any other committee or sub-committee constituted or appointed under this Act and for any return, statement, account or report concerning or connected with any matter with which any such committee or sub committee is empowered by or under this Act to deal; and every such requisition shall be complied with by any such Committee or sub-committee without any unreasonable delay.

70. Power of Corporation to require the Commissioner, etc., to produce documents and furnish returns, reports, etc.—

(1) The Corporation may at any time require the Commissioner—

(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him;

(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this Act or the municipal government of Delhi 2*** 3***;

(c) to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal government of Delhi 2*** 4***.

(2) Every such requisition shall be complied with by the Commissioner without any unreasonable delay; and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the Commissioner in pursuance of any such requisition:

Provided that the Commissioner shall not be bound to comply with any such requisition if with the previous approval of the Mayor he makes a statement that such compliance would be prejudicial to public interest or to the interests of the Corporation. 5 * * * * *

71. Exercise of powers to be subject to sanction.—

Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any municipal authority by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely:—

(a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and

(b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction—

(i) of the Standing Committee 6***, if it is incurred in the year next following such year, or

(ii) of the Corporation, if it is incurred at any time after the next following year.