Sec 21 to 32 Chapter V (Procedure) The New Delhi Municipal Council Act, 1994

Transaction of business by the Council

21. Meetings.—

(1) The Council shall ordinarily hold at least one meeting in every month for the transaction of business.

(2) The Chairperson and in his absence the Vice-Chairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Council.

(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner

22. First meeting of the Council.—

The first meeting of the Council shall be held as early as possible and shall be convened by the Administrator.

23. Notice of meetings and business.—

A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventy-two hours before the time fixed for such meeting; and no business shall, except where the Chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given:

Provided that any member may send of deliver to the Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Secretary shall, with all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit.

24. Quorum.—

(1) The quorum necessary for the transaction of business at a meeting of the Council shall be prescribed by the Central Government.

(2) If at any time during a meeting of the Council, there is no quorum, it shall be the duty of the Chairperson or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.

(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.

25. Presiding Officer.—

¹ [(1) The meetings of the Council shall be presided over, in the following order, by,— 

(a) the Chief Minister of Delhi, if he is a member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or

(b) the Union Minister, if he is a Member of Parliament representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of section 4; or

(c) the Minister in the Government of National Capital Territory of Delhi, if he is a Member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of section 4; or

(d) the Member of Parliament not being a Minister for the Union representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause

(e) of sub-section (1) of section 4; or (e) the Chairperson of the Council.] 

(2) The Chairperson or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.

(1. Subs. by Act 5 of 2012, s. 3, for sub-section (1) (w.e.f. 1-3-2012).

26. Method of deciding questions.—

(1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting.

(2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.

27. Members not to vote on matter in which they are interested.—

No member shall vote at a meeting of the Council or of any Committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of New Delhi) which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent. 

28. Right to attend meetings of Council and its committees, etc., and right of members to ask questions in relation to the municipal government of New Delhi.—

(1) Any municipal officer authorised by the Chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Council or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting.

(2) A member may, subject to the provisions of sub-section (3), ask the Chairperson questions on any matter relating to the municipal government of New Delhi or the administration of this Act in any meeting of the Council.

(3) The right to ask a question shall be governed by the following conditions, namely:—

(a) not less than seven clear days‟ notice in writing specifying the question shall be given to the Secretary;

(b) no question shall—

(i) bring in any name or statement not strictly necessary to make the question intelligible,

(ii) contain argument, ironical expressions, imputations, epithets or defamatory statements,

(iii) ask for an expression of opinion or the solution of a hypothetical proposition,

(iv) ask as to the character or conduct of any person except in his official or public capacity,

(v) relate to a matter which is not primarily the concern of the Council,

(vi) make or imply a charge of a personal character,

(vii) raise questions of policy too large to be dealt with within the limits of an answer to a question,

(viii) repeat in substance questions already answered or to which an answer has been refused,

(ix) ask for information on trivial matters,

(x) ordinarily ask for information on matters of past history,

(xi) ask for information set forth in accessible documents or in ordinary works of reference,

(xii) raise matters under the control of bodies or persons not primarily responsible to the Council,

(xiii) ask for any information on matter which is under adjudication by a court of law.

(4) The Chairperson shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the Chairperson it cannot be answered without prejudice to public interest or the interest of the Council.

(5) The Council may make regulations for the transaction of business at its meetings:

Provided that the time, place and procedure for the first meeting after the constitution of the Council under section 4 shall be determined by the Administrator

29. Keeping of minutes and proceedings.—

Minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the Council, and every other committee constituted under sub-section (1) of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuring meeting of the Council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.

30. Circulation of minutes and inspection of minutes and reports of proceedings.—

(1) Minutes of the proceedings of each meeting of the Council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person on payment of a fee of two rupees.

(2) Full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees.

31. Forwarding minutes and reports of proceedings to the Administrator.—

(1) The Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29.

(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Council or any committee thereof and the Secretary shall forward to the Administrator a copy of such paper or papers.

(3) The Secretary shall also forward to the Administrator as soon as may be after the date referred to in sub-section (1) a full report of the proceedings of each meeting of the Council, if any such report be prepared.

Validation

32. Validation of proceedings, etc.—

(1) No act done or proceedings taken under this Act shall be questioned on the ground merely of—

(a) the seat of any member remaining unfilled from any cause whatsoever;

(b) the existence of any vacancy in, or any defect in the constitution of, the Council or in any committee thereof;

(c) any member having voted or taken part in any proceedings in contravention of section 27;

(d) any defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.