The Delhi Municipal Corporation Act, 1957
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 29A Prohibition of going armed to or near a polling station.
1[29A. Prohibition of going armed to or near a polling station.-- (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence, under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have revoked under section 17 of that Act. (4) An offence punishable under sub-section (2) shall be cognizable.]
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence, under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have revoked under section 17 of that Act. (4) An offence punishable under sub-section (2) shall be cognizable.]
1. Ins. by Delhi Act 10 of 2002, s. 3 (w.e.f. 18-2-2002).
Section 29B Offence of booth capturing.
1[Whoever commits an offence of booth capturing shall be punishable with imprisonment for a terms which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.
Explanation:For the purposes of this section booth capturing includes, among other things, all or any of the following activities, namely :
(a) Seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers, used ballot box or boxes or voting machines use and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by, any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;
(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;
(e) doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.
Explanation:For the purposes of this section booth capturing includes, among other things, all or any of the following activities, namely :
(a) Seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers, used ballot box or boxes or voting machines use and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by, any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;
(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;
(d) seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;
(e) doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.
1. Ins. by Delhi Act 10 of 2002, s. 3 (w.e.f. 18-2-2002).
Section 29C Liquor not to be sold, given or distributed on polling day
1[(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, lavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(3) Where a person, is convicted of an offence under this section, the spirituous, fermented or intoxication liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.]
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(3) Where a person, is convicted of an offence under this section, the spirituous, fermented or intoxication liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.]
1. Ins. by Delhi Act 10 of 2002, s. 3 (w.e.f. 18-2-2002).
Section 30 Other offences and penalties therefor.
(1) A person shall be guilty of an electoral offence if at any election he—
(a) fraudulently defaces or destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall—
(a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
(5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the 1[Election Commission].
(a) fraudulently defaces or destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall—
(a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
(5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the 1[Election Commission].
1. Subs. by Act 67 of 1993, s. 25, for "Director of Municipal Elections" (w.e.f. 1-10-1993).
Section 31 Power to make rules regulating the election of councillors and aldermen. 4 docs
(1) The Central Government may make rules to provide for or regulate all or any of the following matters 1[for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of councillors 2*** under this Act, namely:--
3[(a) the particulars to be entered in the electoral rolls;
(aa) the preliminary publication of electoral rolls;
(ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
(ad) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
(ae) the final publication of electoral rolls;
(af) the revision and correction of electoral rolls and inclusion of names therein;
(ag) the manner in which and the purpose for which the electoral roll of 4[an assembly constituency] may be used;
(ah) the correction of electoral rolls on change of extent or boundaries of wards;]
(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nomination and scrutiny of nominations;
(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to 5[6[the Corporation]];
(e) the withdrawal of candidatures;
(f) the appointment of agents of candidates;
(g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes 8[and women];
(h) the date, time and place for poll and other matters relating to the conduct of elections including--
(i) the appointment of polling stations for each ward,
(ii) the hours during which the polling station shall be kept open for the casting of votes,
(iii) the printing and issue of ballot papers,
(iv) the checking of voters by reference to the electoral roll,
(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters,
(vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,
(vii) the procedure to be followed in respect of challenged votes and tendered votes,
(viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward,
(ix) the custody and disposal of papers relating to elections,
(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,
(xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count,
(xii) the countermanding of the poll in the case of the death of a candidate before the poll;
9[(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition;]
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(j) the fee to be paid on an election petition;
(k) any other matter 11[relating to electoral rolls or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government necessary.
(2) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
3[(a) the particulars to be entered in the electoral rolls;
(aa) the preliminary publication of electoral rolls;
(ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
(ad) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
(ae) the final publication of electoral rolls;
(af) the revision and correction of electoral rolls and inclusion of names therein;
(ag) the manner in which and the purpose for which the electoral roll of 4[an assembly constituency] may be used;
(ah) the correction of electoral rolls on change of extent or boundaries of wards;]
(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nomination and scrutiny of nominations;
(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to 5[6[the Corporation]];
(e) the withdrawal of candidatures;
(f) the appointment of agents of candidates;
(g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes 8[and women];
(h) the date, time and place for poll and other matters relating to the conduct of elections including--
(i) the appointment of polling stations for each ward,
(ii) the hours during which the polling station shall be kept open for the casting of votes,
(iii) the printing and issue of ballot papers,
(iv) the checking of voters by reference to the electoral roll,
(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters,
(vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,
(vii) the procedure to be followed in respect of challenged votes and tendered votes,
(viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward,
(ix) the custody and disposal of papers relating to elections,
(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,
(xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count,
(xii) the countermanding of the poll in the case of the death of a candidate before the poll;
9[(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition;]
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(j) the fee to be paid on an election petition;
(k) any other matter 11[relating to electoral rolls or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government necessary.
(2) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
1. Subs. by Act 55 of 1974, s. 7, for "for the purpose of holding elections" (w.e.f. 10-1-1975).
2. The words "and alderman" omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
3. Subs. by Act 55 of 1974, s. 7, for clause (a) (w.e.f. 10-1-1975).
4. Subs. by Act 67 of 1993, s. 26, for “a parliamentary constituency” (w.e.f. 1-10-1993).
5. Subs. by Act 12 of 2011, s. 2, for "the Corporation"(w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
7. Subs. by Act 67 of 1993, s. 26, for "a parliamentary constituency" (w.e.f. 1-10-1993).
8. Ins. by s. 26, ibid. (w.e.f. 1-10-1993).
9. Ins. by Act 42 of 1961, s. 5 (w.e.f. 12-9-1961).
10. Omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
11. Subs. by Act 55 of 1974, s. 7, for "relating to elections" (w.e.f. 10-1-1975).
2. The words "and alderman" omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
3. Subs. by Act 55 of 1974, s. 7, for clause (a) (w.e.f. 10-1-1975).
4. Subs. by Act 67 of 1993, s. 26, for “a parliamentary constituency” (w.e.f. 1-10-1993).
5. Subs. by Act 12 of 2011, s. 2, for "the Corporation"(w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
7. Subs. by Act 67 of 1993, s. 26, for "a parliamentary constituency" (w.e.f. 1-10-1993).
8. Ins. by s. 26, ibid. (w.e.f. 1-10-1993).
9. Ins. by Act 42 of 1961, s. 5 (w.e.f. 12-9-1961).
10. Omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
11. Subs. by Act 55 of 1974, s. 7, for "relating to elections" (w.e.f. 10-1-1975).
Section 32 Oath or affirmation.
1[32. Oath or affirmation.--(1) Every councillor and every person nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3, before taking his seat, make and subscribe at a meeting of 2[3the Corporation]] an oath or affirmation according to the following form, namely:--
I, A. B. having been nominated under sub-clause (i) of clause (b) of nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3 as representative in the Municipal Corporation of Delhi, do swear in the name of God that I will bear true faith and allegiance to the solemnly affirm Constitution of India as by law established and I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor or sits as a representative before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.]
I, A. B. having been nominated under sub-clause (i) of clause (b) of nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3 as representative in the Municipal Corporation of Delhi, do swear in the name of God that I will bear true faith and allegiance to the solemnly affirm Constitution of India as by law established and I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a councillor or sits as a representative before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.]
1. Subs. by Act 67 of 1993, s. 27, for section 32 (w.e.f. 1-10-1993).
2. Subs. by Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
2. Subs. by Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
Section 32A Declaration of assets.
1[32A. Declaration of assets.--(1) Every councillor shall, not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of section 32 and before the last day of the same month in each succeeding year, file with the Mayor a declaration in such form as may be prescribed by rules by the 2[3[Central Government]], of all the assets owned by him and members of his family and. such declaration shall form part of the records of 4[5[the Corporation]].
Explanation--For the purposes of this sub-section, family means the spouse and dependant children of the councillor.
(2) A person shall be disqualified for being a councillor---
(a) if he fails to file a declaration referred to in sub-section (1); or
(b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false.
Explanation--For the purposes of this sub-section, family means the spouse and dependant children of the councillor.
(2) A person shall be disqualified for being a councillor---
(a) if he fails to file a declaration referred to in sub-section (1); or
(b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false.
1. Ins. by Act 67 of 1993, s. 28 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "Central Government" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "Government"(w.e.f. 22-5-2022).
4.Subs. by Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "Central Government" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "Government"(w.e.f. 22-5-2022).
4.Subs. by Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
Section 32B Vacation of seats in case of multiple membership.
No councillor shall be a member both of 1[2[the Corporation]] and Parliament or the Legislative Assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette, whichever is later that he has been so chosen, that person's seat in Parliament or the Legislative Assembly shall become vacant unless he has previously resigned his seat in 1[2[the Corporation]].]
1. Subs. by Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
Section 33 Vacation of seats.
(1) If a councillor 1***--
(a) becomes subject to any of the disqualifications mentioned in 2[section 9 or sub-section (2) of section 32A or],
(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, his seat shall thereupon become vacant.
(2) If during three successive months, a councillor 3*** is, without permission of 4[5[the Corporation]], absent from all the meetings thereof, the Corporation may declare his seat vacant.
6[(3) If any question arises as to whether a councillor 3*** has become subject to any of the disqualifications mentioned in section 9 or sub-section (2) of section 32A, the question shall be referred for the decision of the Administrator and his decision shall be final.]
7[(4) Before giving any decision on any such question the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.]
(a) becomes subject to any of the disqualifications mentioned in 2[section 9 or sub-section (2) of section 32A or],
(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, his seat shall thereupon become vacant.
(2) If during three successive months, a councillor 3*** is, without permission of 4[5[the Corporation]], absent from all the meetings thereof, the Corporation may declare his seat vacant.
6[(3) If any question arises as to whether a councillor 3*** has become subject to any of the disqualifications mentioned in section 9 or sub-section (2) of section 32A, the question shall be referred for the decision of the Administrator and his decision shall be final.]
7[(4) Before giving any decision on any such question the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.]
1. The words "or an alderman" omitted by Act 67 of 1993, s. 29 (w.e.f. 1-10-1993).
2. Subs. by s. 29, ibid., for section 9 or (w.e.f. 1-10-1993).
3. The words "or an alderman omitted" by Act 67 of 1993, s. 29 (w.e.f. 1-10-1993).
4. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
5.Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
6. Subs. by Act 67 of 1993, s. 29, for sub-section (3) (w.e.f. 1-10-1993).
7. Ins. by s. 29, ibid. (w.e.f. 1-10-1993).
2. Subs. by s. 29, ibid., for section 9 or (w.e.f. 1-10-1993).
3. The words "or an alderman omitted" by Act 67 of 1993, s. 29 (w.e.f. 1-10-1993).
4. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
5.Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
6. Subs. by Act 67 of 1993, s. 29, for sub-section (3) (w.e.f. 1-10-1993).
7. Ins. by s. 29, ibid. (w.e.f. 1-10-1993).
Section 33A Powers of Election Commission.
1[33A. Powers of Election Commission.--(1) Where in connection with the tendering of any opinion to the Administrator under sub-section (4) of section 33, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, (5 of 1908) in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).
1. Ins. by Act 67 of 1993, s. 30 (w.e.f. 1-10-1993).
Section 33B Statements made by persons to the Election Commission.
1[33B. Statements made by persons to the Election Commission.-- No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement--
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject-matter of the inquiry.]
Provided that the statement--
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject-matter of the inquiry.]
1. Ins. by s. 30, ibid. (w.e.f. 1-10-1993).
Section 33C Procedure to be followed by the Election Commission.
1[33C. Procedure to be followed by the Election Commission.-- The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).]
1. Ins. by s. 30, ibid. (w.e.f. 1-10-1993).
Section 33D Protection of action taken in good faith.
1[33D. Protection of action taken in good faith.-- No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 33A to 33C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.]
1. Ins. by s. 30, ibid. (w.e.f. 1-10-1993).
Section 34 Payment of allowances to councillors and aldermen.
1[The councillors and the persons referred to in clause (b) of sub-section (3) of section 3] shall be entitled to receive allowances for attendance at meetings of the Corporation and of any of its committees at such rate as may be determined by rules made in this behalf.
1. Subs. by Act 67 of 1993, s. 31, for "the councillors and the alderman" (w.e.f. 1-10-1993).
Section 35 Annual election of Mayor and Deputy Mayor.
(1)1[2[The Corporation]] shall at its first meeting in each year elect one of its members to be 3[the Chairperson to be known as] the Mayor and another member to be the Deputy Mayor of the Corporation:
4[Provided that during the duration of 5[6[the Corporation]] the office of the Mayor shall be reserved in favour of a member who is a woman for the first year of 5[6[the Corporation]] and in favour of a member belonging to a Scheduled Caste for the third year of 5[6[the Corporation]].]
(2) On the occurrence of any vacancy in the office of the Mayor or the Deputy Mayor, 5[6[the Corporation]] shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Deputy Mayor, as the case may be.
4[(3) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for woman or for Scheduled Castes, the vacancy shall be filled by electing one of the councillors from amongst women or a member of the Scheduled Castes as the case may be.]
4[Provided that during the duration of 5[6[the Corporation]] the office of the Mayor shall be reserved in favour of a member who is a woman for the first year of 5[6[the Corporation]] and in favour of a member belonging to a Scheduled Caste for the third year of 5[6[the Corporation]].]
(2) On the occurrence of any vacancy in the office of the Mayor or the Deputy Mayor, 5[6[the Corporation]] shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Deputy Mayor, as the case may be.
4[(3) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for woman or for Scheduled Castes, the vacancy shall be filled by electing one of the councillors from amongst women or a member of the Scheduled Castes as the case may be.]
1. Subs. by Delhi Act 12 of 2011, s. 2, for "The Corporation" (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
3. Added by Act 67 of 1993, s. 32 (w.e.f. 1-10-1993).
4. Ins. by s. 32, ibid. (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
2. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
3. Added by Act 67 of 1993, s. 32 (w.e.f. 1-10-1993).
4. Ins. by s. 32, ibid. (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
Section 36 Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor.
(1) The Mayor or the Deputy Mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as Mayor or Deputy Mayor 1*** or unless in the case of the Deputy Mayor he is elected as Mayor.
(2) The Mayor or the Deputy Mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf.
(3) The Mayor shall have full access to all the records of 2[3[the Corporation]] and may obtain reports--
4*** from the Commissioner on any matter connected with the municipal government of 5[6]Delhi]];
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(2) The Mayor or the Deputy Mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf.
(3) The Mayor shall have full access to all the records of 2[3[the Corporation]] and may obtain reports--
4*** from the Commissioner on any matter connected with the municipal government of 5[6]Delhi]];
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1. The words "or his term of office as a member of the Corporation terminates in any manner" omitted by Act 67 of 1993, s. 33 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. The brackets and letter (a) omitted by Act 67 of 1993, s. 33 (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 3, for “Delhi” (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022) 7. Omitted by Act 67 of 1993, s. 33 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. The brackets and letter (a) omitted by Act 67 of 1993, s. 33 (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 3, for “Delhi” (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022) 7. Omitted by Act 67 of 1993, s. 33 (w.e.f. 1-10-1993).
Section 37 Discharge of functions of the Mayor by the Deputy Mayor. 1 docs
(1) When the office of the Mayor is vacant, the Deputy Mayor shall act as Mayor until a new Mayor is elected.
(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.
(3) The Mayor may by order in writing delegate any of his powers, duties and functions to the Deputy Mayor.
(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.
(3) The Mayor may by order in writing delegate any of his powers, duties and functions to the Deputy Mayor.
Section 38 Resignation of Mayor and Deputy Mayor.
(1) The Mayor may, by writing under his hand addressed to the Deputy Mayor and delivered to the 1[Municipal Secretary], resign his office.
(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the 1[Municipal Secretary], resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.
(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the 1[Municipal Secretary], resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.
1. Subs. by Act 42 of 1961, s. 6, for Secretary (w.e.f. 12-9-1961).
Section 39 Rural Areas Committee and Education Committee.
(1) In addition to the Standing Committee, 1[and the Wards Committee] referred to in section 44, there shall be a Rural Areas Committee and an Education Committee of 2[3[the Corporation]],
(2) The Rural Areas Committee shall consist of all the councillors elected from the wards situated within the rural areas.
(3) It shall be the duty of the Rural Areas Committee---
(a) to make recommendations to 2[3[the Corporation]]---br
(i) in relation to the functions of 2[3[the Corporation]] which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas;
(ii) in relation to taxes which 2[3[the Corporation]] proposes to levy in the rural areas; and
(iii) generally in relation to the expenditure that may be incurred by 2[3[the Corporation]] for the municipal government in those areas;
(b) to review the progress of work of 2[3[the Corporation]] in the rural areas;
(c) to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies;
(d) to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by 2[3[the Corporation]] or by regulations made under this Act.
(4) 4[5[The Corporation]] or any of the municipal authorities specified in section 44 shall not take any action, in relation to any of the matters specified in sub-clauses (i), (ii) and (iii) of clause (a) of sub-section (3) except in consultation with the Rural Areas Committee.
(5) The Education Committee shall consist of seven members of whom such number not exceeding three as may be determined by 2[3[the Corporation]], shall be nominated by the Corporation, from among experts in education who are not members of 2[3[the Corporation]] and the rest shall be elected by the members of the corporation from among themselves at the first meeting of 2[3[the Corporation]] after each general election or as soon as possible at any other meeting subsequent thereto.
(6) The Education Committee shall exercise and perform such powers, duties and functions in relation to education in 6[the area of the corporation] as may be determined by regulations made in this behalf.
(7) The Rural Areas Committee as well as the Education Committee shall at its first meeting in each year elect one of its members 7[who is a councillor to be the Chairman and another member to be the Deputy Chairman].
(2) The Rural Areas Committee shall consist of all the councillors elected from the wards situated within the rural areas.
(3) It shall be the duty of the Rural Areas Committee---
(a) to make recommendations to 2[3[the Corporation]]---br
(i) in relation to the functions of 2[3[the Corporation]] which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas;
(ii) in relation to taxes which 2[3[the Corporation]] proposes to levy in the rural areas; and
(iii) generally in relation to the expenditure that may be incurred by 2[3[the Corporation]] for the municipal government in those areas;
(b) to review the progress of work of 2[3[the Corporation]] in the rural areas;
(c) to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies;
(d) to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by 2[3[the Corporation]] or by regulations made under this Act.
(4) 4[5[The Corporation]] or any of the municipal authorities specified in section 44 shall not take any action, in relation to any of the matters specified in sub-clauses (i), (ii) and (iii) of clause (a) of sub-section (3) except in consultation with the Rural Areas Committee.
(5) The Education Committee shall consist of seven members of whom such number not exceeding three as may be determined by 2[3[the Corporation]], shall be nominated by the Corporation, from among experts in education who are not members of 2[3[the Corporation]] and the rest shall be elected by the members of the corporation from among themselves at the first meeting of 2[3[the Corporation]] after each general election or as soon as possible at any other meeting subsequent thereto.
(6) The Education Committee shall exercise and perform such powers, duties and functions in relation to education in 6[the area of the corporation] as may be determined by regulations made in this behalf.
(7) The Rural Areas Committee as well as the Education Committee shall at its first meeting in each year elect one of its members 7[who is a councillor to be the Chairman and another member to be the Deputy Chairman].
1. Subs. by Act 67 of 1993, s. 34, for certain words (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. Subs. by Delhi Act 12 of 2011, s. 2, for "The Corporation" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
6. Subs by Delhi Act 12 of 2011, s. 2, for “Delhi” (w.e.f. 13-1-2012).
7. Subs. by s. 34, ibid., for "to be the Chairman and another member to be the Deputy Chairman" (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
4. Subs. by Delhi Act 12 of 2011, s. 2, for "The Corporation" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
6. Subs by Delhi Act 12 of 2011, s. 2, for “Delhi” (w.e.f. 13-1-2012).
7. Subs. by s. 34, ibid., for "to be the Chairman and another member to be the Deputy Chairman" (w.e.f. 1-10-1993).
Section 40 Special and adhoc committies and ward committees, etc.
(1) 1[2[The Corporation]] may constitute as many special and ad hoc committees as it thinks fit for the exercise of any power or discharge of any function which 3[4[the Corporation]] may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which 3[4[the Corporation]] may refer to them.
(2) Any such committee shall consist of members of 3[4[the Corporation]] only:
Provided that an ad hoc committee may with the sanction of 3[4[the Corporation]] co-opt not more than three persons who are not members of 3[4[the Corporation]] but who in the opinion of 3[4[the Corporation]] possess special qualifications for serving on such committee.
5* * * * *
(6) Each committee constituted under this section shall elect one of its members 6[who is a councillor] as the Chairman and another member as the Vice-Chairman.
(7) Any matter relating to each of the committees constituted under section 39 or this section, not expressly provided in this Act may be provided by regulations made in this behalf.
(2) Any such committee shall consist of members of 3[4[the Corporation]] only:
Provided that an ad hoc committee may with the sanction of 3[4[the Corporation]] co-opt not more than three persons who are not members of 3[4[the Corporation]] but who in the opinion of 3[4[the Corporation]] possess special qualifications for serving on such committee.
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(6) Each committee constituted under this section shall elect one of its members 6[who is a councillor] as the Chairman and another member as the Vice-Chairman.
(7) Any matter relating to each of the committees constituted under section 39 or this section, not expressly provided in this Act may be provided by regulations made in this behalf.
1. Subs. by Delhi Act 12 of 2011, s. 2, for "The Corporation" (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for "a Corporation"(w.e.f. 22-5-2022).
5. Omitted by Act 67 of 1993, s. 35 (w.e.f. 1-10-1993).
6. Ins. by s. 35, ibid. (w.e.f. 1-10-1993).
2. Subs. by Act 10 of 2022, s. 2, for "A Corporation" (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012).
4. Subs. by Act 10 of 2022, s. 2, for "a Corporation"(w.e.f. 22-5-2022).
5. Omitted by Act 67 of 1993, s. 35 (w.e.f. 1-10-1993).
6. Ins. by s. 35, ibid. (w.e.f. 1-10-1993).