The Delhi Municipal Corporation Act, 1957

Administered Ministry: Ministry of Home Affairs / Department of States

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Section
Section 62 [Omitted.].
[Leave of absence to the General Managers, etc.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).

Section 63 [Omitted.].
[Service regulations of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).

Section 64 [Omitted.].
[Functions of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).

Section 65 Appointment of sub-committees by the various committees.
(1) The Standing Committee, 1[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.

1. Subs. by s. 45, ibid., for certain words (w.e.f. 1-10-1993).

Section 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 1*** 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, 2[3[the Corporation]] other than as such Commissioner 4***.

(2) If the Commissioner, 1 *** 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 5*** shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

1. The words and brackets "or the General Manager (Electricity)" omitted by Act 67 of 1993, s. 122, s. 46 (w.e.f 1-10-1993).

2. Subs. by Delhi Act 12 of 2011, s. 2 "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 words "or General Manager, as the case may be" omitted by Act 67 of 1993, s. 122, s. 46 (w.e.f 1-10-1993).

5. The words "or such General Manager" omitted by s. 46, ibid. (w.e.f. 1-10-1993).

Section 67 Vacation of seats by members of committees.
1[(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, 2***, 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.

1. Subs. by Act 67 of 1993, s. 122, s. 47, for sub-section (1) (w.e.f. 1-10-1993).

2. The words "the Delhi Electric Supply Committee or the Delhi Water Supply and Sewage Disposal Committee" omitted by s. 47, ibid. (w.e.f. 1-10-1993).

Section 68 Committees to continue in office till new committees are constituted.
The Standing Committee, 1[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.

1. Subs. by Act 67 of 1993, s. 48, for certain words (w.e.f. 1-10-1993).

Section 69 Power of Corporation to call for extracts of proceedings from the Committees.
1[2[The Corporation]] may at any time call for any extract of any proceedings of the Standing Committee, 3[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 subcommittee 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.

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 Act 67 of 1993, s. 49, for certain words (w.e.f 1-10-1993).

Section 70 Power of Corporation to require the Commissioner, etc., to produce documents and furnish returns, reports, etc.
(1) 1[2[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 3[4[Delhi]] 5*** 6***;

(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 3[4[Delhi]] 5*** 7***.

(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 8[9[the Corporation]].

10* * * * *

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, for "Delhi" (w.e.f. 13-1-2012)..

4. Subs. by Act 10 of 2022, s. 2, for "the area of the Corporation"(w.e.f. 22-5-2022).

5. The words "except in regard to the Delhi Electric Supply Undertaking" omitted by s. 50, ibid. (w.e.f. 1-10-1993).

6. The words ", or the Delhi Transport Undertaking" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).

7. The words "or the Delhi Transport Undertaking" omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f. 3-11-1971).

8. Subs. by Delhi Act 12 of 2011, s. 2 "the Corporation" (w.e.f. 13-1-2012).

9. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).

10. Omitted by Act 67 of 1993, s. 50 (w.e.f. 1-10-1993)

Section 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 1[2[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 3***, if it is incurred in the year next following such year, or

(ii) of 4[5[the Corporation]] , if it is incurred at any time after the next following year.

1. Subs. by Delhi Act 12 of 2011, s. 2 “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. Certain words omitted by Act 67 of 1993, s s. 51 (w.e.f. 1-10-1993).

4. Subs. by Delhi Act 12 of 2011, s. 2 “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 72 Meetings.
(1) 1[2[The Corporation]] shall ordinarily hold at least one meeting in every month for the transaction of business.

(2) The Mayor or in his absence the Deputy Mayor may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of councillors 3[and other persons referred to in clause (b) of sub-section (3) of section 3], convene a special meeting of the Corporation.

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

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 Act 67 of 1993, s. 52, for "and alderman" (w.e.f. 1-10-1993).

Section 73 First meeting of the Corporation after general election.
The first meeting of 1[2[the Corporation]] after a general election shall be held as early as possible after the publication of the results of the election 3*** under section 14 and shall be convened by the Administrator.

1. Subs. by Delhi Act 12 of 2011, s. 2 "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. The words "of alderman" omitted by Act 67 of 1993, s. 53 (w.e.f. 1-10-1993).

Section 74 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 councillor 1[and the persons referred to in clause (b) of sub-section (3) of section 3] at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which a notice has been so given:

Provided that any councillor 2[or the persons referred to in clause (b) of sub-section (3) of section 3] may send or deliver to of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Municipal Secretary shall with all possible despatch take steps to circulate such resolution to every councillor 1[and the persons referred to in clause (b) of sub-section (3) of section 3 in such manner as he may think fit.

1. Subs. by Act 67 of 1993, s. 54, for "and alderman" (w.e.f. 1-10-1993).

2. Subs. by s. 54, ibid., for "or alderman" (w.e.f. 1-10-1993).

Section 75 Quorum.
(1) The quorum necessary for the transaction of business at a meeting of 1[2[the Corporation]] shall be one-fifth of the total number of members 3[and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3.]

(2) If at any time during a meeting of the Corporation there is no quorum, it shall be the duty of the Mayor 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 thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.

1.Subs. by Delhi Act 12 of 2011, s. 2 "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. Ins. by Act 67 of 1993, s. 55 (w.e.f. 1-10-1993).

Section 76 Presiding officer.
(1) The Mayor or in his absence, the Deputy Mayor, shall preside at every meeting of 1[2[the Corporation]].

3[(2) In the absence of both the Mayor and Deputy Mayor from the meeting, the members and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3 shall elect one from among the councillors to preside.]

(3) The Mayor 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 Delhi Act 12 of 2011, s. 2 “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 s. 56, ibid., for sub-section (2) (w.e.f. 1-10-1993).

Section 77 Presiding officer at meeting for the election of Mayor.
Notwithstanding anything contained in section 76

(a) at a meeting for the election of a Mayor the Administrator shall nominate a councillor 1 *** who is not a candidate for such election to preside over the meeting;

(b) if during the election of Mayor it appears that there is an equality of votes between any candidates at such election and that the addition of a vote would entitle any of those candidates to be elected as Mayor, then, the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote.

1. The words "or an alderman" omitted by Act 67 of 1993, s. 57 (w.e.f 1-10-1993).

Section 78 Method of deciding questions.
(1) Save as otherwise provided in this Act, all matters required to be decided by 1[2[the Corporation]] shall be decided by the majority of the votes of the 3[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present and voting.

(2) The voting shall be by show of hands, but 1[2[the Corporation]] may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by ballot.

(3) At any meeting, unless voting be demanded by at least four 3[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3)] of section 3, a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be inclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.

(4) If voting as aforesaid is demanded, the votes of all the 3[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present who desire to vote shall be taken under the direction of the presiding officer at the meeting and the result of the voting shall be deemed to be the resolution of 1[2[the Corporation]] at such meeting.

1. Subs. by Delhi Act 12 of 2011, s. 2 “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 Act 67 of 1993, s. 58, for members (w.e.f. 1-10-1993).

Section 79 Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of councillors and alderman.
(1) The Mayor or the person presiding over a meeting shall preserve order threat and shall have all powers necessary for the purpose of preserving such order.

(2) The Mayor or the person presiding over a meeting may direct any councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.

(3) If any councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] from attending the meetings of the Corporation for any period not exceeding fifteen days and the councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] so suspended shall absent himself accordingly:

Provided that the Mayor may at any time decide that such suspension be terminated:

Provided further that such suspension shall not debar the suspended councillor 1[or persons referred to in clause (b) of sub-section (3) of section 3] from serving on any committee of the Corporation of which he is a member.

(4) Subject to sub-section (5) every meeting shall be open to the public, unless a majority of the 2[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present at the meeting decide that any inquiry or deliberation pending before 3[4[the Corporation]] shall be held in private.

(5) The Corporation may make regulations for the purpose of admission of the member of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.

(6) In the case of grave disorder arising in a meeting the Mayor or the person presiding may, if he thinks it necessary to do so, adjourn the meeting to a date specified by him.

1. Subs. by Act 67 of 1993, s. 59, for "or alderman" (w.e.f. 1-10-1993).

2. Subs. by s. 59, ibid., for "members" (w.e.f. 1-10-1993).

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).

Section 80 Councillors or aldermen not to vote on matter in which they are interested.
No councillor or 1[persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] shall vote at a meeting of 2[3[the Corporation]] 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 Delhi or of any particular ward), which affects 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.

1. Subs. by s. 60, ibid., for alderman (w.e.f. 1-10-1993).

2. Subs. by Delhi Act 12 of 2011, s. 2 “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 81 Right to attend meetings of the Corporation and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of Delhi.
81. Right to attend meetings of 1[2[the Corporation]] and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of Delhi.--3[(1) The Commissioner or any municipal officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of 1[2[the Corporation]] 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 councillor or 4[person referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] may, subject to the provisions of sub-section (3), ask the Commissioner questions on any matter relating to the municipal government of Delhi or the administration of this Act or the functions of any of the municipal authorities.

(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 Municipal Secretary;

(b) no question shall---

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

(ii) contain arguments, 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 1[2[the Corporation]] or of any of the municipal authorities,

(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 Corporation,

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

(4) The Mayor shall disallow any question which is, in his opinion, in contravention of the provisions of sub-section (3).

(5) If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (3), the Mayor shall decide the point and his decision shall be final.

(6) The Commissioner 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 Mayor it cannot be answered without prejudice to public interest or the interest of the Corporation.

(7) Unless otherwise directed by the Mayor or the presiding officer of the meeting, every question shall be answered by the Commissioner at a meeting of 1[2[the Corporation]].

5* * * * *

1. Subs. by Delhi Act 12 of 2011, s. 2 "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)/.br
3. Subs. by Act 67 of 1993, s. 61, for sub-section (1) (w.e.f. 1-10-1993).

4. Subs. by s. 61, ibid., for "alderman" (w.e.f. 1-10-1993).

5. Omitted by Act 67 of 1993, s. 61 (w.e.f. 1-10-1993)