The New Delhi Municipal Council Act, 1994
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 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.
(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.
Section 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.
Section 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.
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.
Section 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.
(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.
Section 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.
(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).
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 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.
(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.
Section 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.
(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.
Section 33 Appointment of certain officers.
The Council shall appoint suitable persons to be the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Council:
Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.
(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.
Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.
(2) The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.
Section 34 Schedule of permanent posts and creation of temporary posts.
(1) The Chairperson shall from time to time prepare and lay before the Council a Schedule of category 'A' and category 'B' posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees.
(2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.
(3) The Chairperson may create any category 'B', or category 'C', or Category 'D' post and for a period not exceeding six months any category 'A' post:
Provided that no such category 'A' post shall be beyond the said period without the previous approval of the Council.
(4) In this section and in section 36--
(i) "category 'A' post" means any post, which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'A' post under the Central Government in accordance with the orders issued by that Government from time to time;
(ii) "category 'B' post" means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'B' post under the Central Government in accordance with the orders issued by that Government from time to time;
(iii) "category 'C' posts" means any post, which having regard to its scale of pay or emoluments would, if such post had been in the Central Government, be classified as a Group 'C' post under the Central Government, in accordance with the orders issued by that Government from time to time;
(iv) "category 'D' posts" means any post, other than a category 'A' or category 'B' or category 'C' post.
(2) The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.
(3) The Chairperson may create any category 'B', or category 'C', or Category 'D' post and for a period not exceeding six months any category 'A' post:
Provided that no such category 'A' post shall be beyond the said period without the previous approval of the Council.
(4) In this section and in section 36--
(i) "category 'A' post" means any post, which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'A' post under the Central Government in accordance with the orders issued by that Government from time to time;
(ii) "category 'B' post" means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a Group 'B' post under the Central Government in accordance with the orders issued by that Government from time to time;
(iii) "category 'C' posts" means any post, which having regard to its scale of pay or emoluments would, if such post had been in the Central Government, be classified as a Group 'C' post under the Central Government, in accordance with the orders issued by that Government from time to time;
(iv) "category 'D' posts" means any post, other than a category 'A' or category 'B' or category 'C' post.
Section 35 Restriction on employment of permanent officers and other employees.
No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.
Section 36 Power to make appointments.
(1) Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent,--
(a) to category 'A', category 'B' and category 'C' posts, shall vest in the Chairperson; and
(b) to category 'D' posts shall vest in the Secretary.
(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.
(a) to category 'A', category 'B' and category 'C' posts, shall vest in the Chairperson; and
(b) to category 'D' posts shall vest in the Secretary.
(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.
Section 37 Officers and other employees not to undertake any extraneous work.
No municipal officer or other municipal employee shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson.
Section 38 Officers and other employees not to be interested in any contract, etc., with the Council.
(1) A person shall be disqualified for being appointed as a municipal officer or employee if he 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 Council other than as such officer or employee.
(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a 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 authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority:
Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a 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 authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority:
Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
Section 39 Punishment for municipal officers and other employees.
(1) Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation:
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed:
Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply--
(a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.
(3) If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.
(4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations:
Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator.
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed:
Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply--
(a) where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.
(3) If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.
(4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations:
Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie to the Administrator.
Section 40 Consultation with the Union Public Service Commission.
No appointment to any category A post within the meaning of clause (i) of sub-section (4) of section 34 shall be made except after consultation with the Commission:
Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment--
(a) to any acting or temporary post for a period not exceeding one year; or
(b) to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or
(c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post;
(d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or
(e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission.
Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment--
(a) to any acting or temporary post for a period not exceeding one year; or
(b) to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or
(c) to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a Group A post;
(d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or
(e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission.