Municipal authorities
7
[44. Enumeration of municipal authorities.—For the efficient performance of its functions, there
shall be the following municipal authorities under 2
[
3
[the Corporation]], namely:—
(a) the Standing Committee;
(b) the Wards Committee; and
(c) the Commissioner.]
The Standing Committee
45. Constitution of the Standing Committee.—8
[(1) The Standing Committee shall consist of—
(i) six members elected by the councillors from among themselves at the first meeting of 2
[
3
[the
Corporation]];
(ii) one member each elected by the members of each Wards Committee from among themselves
at the first meeting of the Wards Committee;
after each general election or as soon as possible at any other meeting subsequent thereto.]
(2) On and 9
[from such date as may be determined by 2
[
3
[the Corporation]] by resolution] the Standing
Committee shall be deemed to have been constituted.
10[(3) One-half of the members referred to in clause (i) of sub-section (1) and one-half of the members
referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the
constitution of the Standing Committee after the commencement of the Delhi Municipal Corporation
(Amendment) Act, 1993 (27 of 1993), and for that purpose they shall be selected by lot from amongst their
respective categories before the said expiration in such manner as the Chairman of the Standing Committee
may determine;]
(4) During each succeeding year the members who have been longest in office shall retire therefrom:
1. Subs. by Delhi Act 12 of 2011, s. 2, for “Delhi” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “the area of the 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. 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).
7. Subs. by Act 67 of 1993, s. 38, for section 44 (w.e.f 1-10-1993).
8. Subs. by Act 67 of 1993, s. 39, for sub-section (1) (w.e.f. 1-10-1993).
9. Subs. by s. 39, ibid., for “from the date of such election” (w.e.f. 1-10-1993).
10. Subs. by s. 39, ibid., for sub-section (3) (w.e.f. 1-10-1993).
49
Provided that in the case of a member who has been re-elected the term of his office shall for the
purpose of this sub-section be computed from the date of his re-election.
1
[(5) 2
[
3
[The Corporation]] or the concerned Wards Committee as the case may be, shall in a meeting
held immediately before the occurrence of the vacancies caused by the retirement of the members under
sub-section (3) or sub-section (4), elect the requisite member or members from amongst the councillors or
from amongst members of the Wards Committee, as the case may be, to fill up those vacancies.]
(6) Any councillor 4*** who ceases to be a member of the Standing Committee shall be eligible for reelection.
46. Casual vacancies.—(1) When a casual vacancy occurs in the office of a member of the Standing
Committee, 5
[Corporation or, as the case may be, Wards Committee shall] fill up the vacancy, as soon as
may be after, and in any case within one month of, the occurrence of the vacancy, by the election of another
councillor or 6
[persons referred to in sub-clause (i) of clause (b) of sub-section (3) of section 3].
(2) A member elected to fill a casual vacancy shall be elected to serve for the remainder of his
predecessor’s term of office
47. Chairman and Deputy Chairman of the Standing Committee.—(1) The Standing Committee
shall at its first meeting in each year elect one of its members 7
[who is a councillor] to be the Chairman and
another member to be the Deputy Chairman.
(2) The Chairman or the Deputy Chairman of the Standing Committee shall hold office from the date
of his election until the election of his successor in office unless in the meantime he resigns his office as
Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner
determined or unless in the case of the Deputy Chairman he is elected as Chairman.
(3) On the occurrence of any casual vacancy in the office of the Chairman or the Deputy Chairman, the
Standing Committee shall within one month of the occurrence of such vacancy elect one of its members
8
[who is a councillor] as Chairman or Deputy Chairman, as the case may be, and the Chairman or the
Deputy Chairman so elected shall hold office for the remainder of his predecessor’s term.
48. Resignation of Chairman and members of the Standing Committee.—(1) Any member of the
Standing Committee may resign his office by writing under his hand addressed to the Chairman; and the
Chairman may resign his office by writing under his hand addressed to the Mayor.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in the
writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the
Chairman or the Mayor, as the case may be.
49. Functions of the Standing Committee.—The Standing Committee shall exercise such powers and
perform such functions as are specifically conferred or imposed upon it by or under this Act.
8
[The Wards Committee
50. Constitution of the Wards Committee.—(1) For each Zone shall be a Wards Committee which
shall consist of,—
(a) all the councillors elected from the wards comprised in that Zone; and
(b) the person, if any, nominated by the Administrator under sub-clause (i) of clause (b) of
sub-section (3) of section 3 if his name is registered as an elector within the territorial limits of the Zone
concerned.
1. Subs. by Act 67 of 1993, s. 39, for sub-section (5) (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 words “or alderman” omitted by Act 67 of 1993, s. 39 (w.e.f. 1-10-1993).
5. Subs. by s. 40, ibid., for “Corporation shall” (w.e.f. 1-10-1993).
6. Subs. by s. 40, ibid., for “alderman” (w.e.f. 1-10-1993).
7. Ins. by s. 41, ibid. (w.e.f. 1-10-1993).
8. Subs. by s. 42, ibid., for the heading and sections 50 to 53 (w.e.f. 1-10-1993).
50
(2) The Wards Committee shall be deemed to have been constituted from the date on which 1
[
2
[the
Corporation]] is constituted after each general election.
51. Application of sections 47 and 48.—The provisions of sections 47 and 48 shall apply in relation
to a Wards Committee as they apply in relation to the Standing Committee.
52. Powers and functions of the Wards Committee.—(1) Subject to the provisions of this Act, every
Wards Committee shall exercise the powers and perform the functions as specified in the Fifteenth Schedule
on behalf of the Corporation in relation to that Zone.
(2) 3
[The Government may], by notification in the Official Gazette, amend the Fifteenth Schedule.
(3) When any question arises as to whether any matter falls within the purview of a Wards Committee
or 1
[
2
[the Corporation]], it shall be referred to the Government, and the decision of that Government thereon
shall be final.]
The Commissioner
54. Appointment, etc., of the Commissioner.—(1) The Central Government shall, by notification in
the Official Gazette, appoint a suitable person as the Commissioner of 1
[
2
[the Corporation]].
(2) The Commissioner so appointed shall hold office for a term of five years in the first instance:
Provided that his appointed may be renewed from time to time for a term not exceeding one year at a
time:
Provided further that where the Commissioner holds a lien on any service under the Government, the
Central Government may at any time after reasonable notice to 1
[
2
[the Corporation]] replace his services at
the disposal of that Government.
(3) The Central Government—
(a) shall remove the Commissioner from office if at a special meeting of 1
[
2
[the Corporation]]
called for the purpose a resolution for such removal has been passed by a majority of not less than
three-fifths of the total number of members;
(b) may remove the Commissioner from office at any time if it appears, to that Government that he
is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the
discharge of such duties which renders his removal expedient.
(4) The Commissioner shall not undertake any work unconnected with his office without the sanction
of the Central Government and of 1
[
2
[the Corporation]].
55. Salary and allowances of the Commissioner.—The Commissioner shall be paid out of the
Municipal Fund such monthly salary and such monthly allowances, if any, as may from time to time be
fixed by the 4
[
5
[Central Government]] and may be given such facilities (if any) in relation to residential
accommodation, conveyance and the like as may from time to time be fixed by that Government:
Provided that the salary of the Commissioner shall not be varied to his disadvantage after his
appointment.
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. 10, for “The Central Government may, after consultation with the Government”
(w.e.f. 13-1-2012).
4. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
51
56. Leave of absence of Commissioner.—(1) Leave may be granted to the Commissioner by the
Standing Committee.
(2) Whenever such leave is granted to the Commissioner the 1
[ 2
[Central Government]] shall appoint
another person to officiate as Commissioner in his place.
57. Appointment of officiating Commissioner in case of death, resignation or removal of
Commissioner.—If any vacancy occurs in the office of the Commissioner on account of death, resignation
or removal, the 1
[
2
[Central Government]] may appoint another person to officiate as Commissioner in his
place for a term not exceeding two months, pending the appointment of a Commissioner under section 54.
58. Service regulations of Commissioner.—(1) If the Commissioner is an officer in the service of the
Government, 3
[ 4
[the Corporation]] shall make such contribution towards his leave allowances, pension and
provident fund as may be required by the conditions of his service under the Government, to be paid by
him or for him, as the case may be.
(2) If the Commissioner is not an officer in the service of the Government, his leave and leave
allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary
or provident fund contribution payable respectively from his salary and from the Municipal Fund shall be
governed by rules:
Provided that—
(a) the amount of any such leave and leave allowances, gratuity or pension shall in no case, without
the special sanction of the Central Government, exceed what would be admissible in the case of
Government servants of similar standing and status; and
(b) the conditions under which such allowances, gratuity or pension are granted or any leave,
superannuation or retirement is sanctioned shall not without similar sanction be more favourable than
those for the time being prescribed for such Government servants.
59. Functions of the Commissioner.—Save as otherwise provided in this Act, the entire executive
power for the purpose of carrying out the provisions of this Act 5*** 6*** and of any other Act for the time
being in force which confers any power or imposes any duty on the Corporation, shall vest in the
Commissioner who shall also—
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him
by this Act or by any other law for the time being in force;
(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of,
all municipal officers and other municipal employees other the Municipal Secretary and the Municipal
Chief Auditor and the municipal officers and other municipal employees immediately subordinate to
them and subject to any regulation that may be made in this behalf, dispose of all questions relating to
the service of the said officers and other employees and their pay, privileges, allowances and other
conditions of service;
(c) on the occurrence or threatened occurrence of any sudden accident or any unforseen event or
natural calamity involving or likely to involve extensive damage to any property of the Corporation, or
danger to human life, take such immediate action as he considers necessary and make a report forthwith
to the Standing Committee and the Corporation of the action he has taken and the reasons for the same
1. Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “Government” (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for “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. The words “other than those pertaining to the Delhi Electric Supply Undertaking” omitted by Act 67 of 1993,
s. 43 (w.e.f. 1-10-1993).
6. The words “on the Delhi Transport Undertaking” omitted by Act 71 of 1971, s. 7(b) and the Second Schedule
(w.e.f. 3-11-1971).
52
as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action,
which is not covered by a budget grant;
1
[(d) subject to any regulation that may be made in this behalf, be the disciplinary authority in
relation to all municipal officers and other municipal employees.]
The General Manager (Electricity)
60. [Appointment, etc. of the General Managers.] Omitted by the Delhi Municipal, Corporation
(Amendment) Act, 1993 (67 of 1993), s. 44 (w.e.f. 1-10-1993).
61. [Salary and Allowances of General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
62. [Leave of absence to the General Managers, etc.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
63. [Service regulations of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
64. [Functions of the General Managers.] Omitted by s. 44, ibid. (w.e.f. 1-10-1993).
Miscellaneous provisions relating to the various municipal authorities
65. Appointment of sub-committees by the various committees.—(1) The Standing Committee, 2
[or
the Wards Committee] may appoint from among its own members any sub-committee consisting of such
number as that committee may think fit for exercising any power or performing any function of that
committee under this Act or for inquiring into or reporting or advising upon any matter which that
committee may refer to such sub-committee.
(2) Every such sub-committee shall conform to such instructions as may be given to it by the committee
by which it has been appointed.
66. Commissioner and General Managers not to be interested in any contract, etc., with the
Corporation.—(1) A person shall be disqualified for being appointed as the Commissioner 3*** 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, 4
[ 5
[the Corporation]] other than as such Commissioner 6***.
(2) If the Commissioner, 4*** acquires directly or indirectly, by himself or by his partner, or any other
person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless
the Corporation in any particular case otherwise decides, be liable to be removed from his office by the
order of the authority competent to remove him under the provisions of this Act:
Provided that before an order of removal is made, the Commissioner 7*** shall be given a reasonable
opportunity of showing cause against the action proposed to be taken in regard to him.
67. Vacation of seats by members of committees.—8
[(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, 9***, 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. 43, for clause (d) (w.e.f. 1-10-1993).
2. Subs. by s. 45, ibid., for certain words (w.e.f. 1-10-1993).
3. The words and brackets “or the General Manager (Electricity)” omitted by s. 46, ibid. (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).
4. The words “or General Manager, as the case may be” omitted by Act 67 of 1993, 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).
6. Subs. by s. 47, ibid., for sub-section (1) (w.e.f. 1-10-1993).
7. 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).
53
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.
69. Power of Corporation to call for extracts of proceedings from the Committees.—2
[
3
[The
Corporation]] may at any time call for any extract of any proceedings of the Standing Committee, 4
[the
Wards Committee], the 5*** Rural Areas Committee, the Education Committee or of any other committee
or sub-committee constituted or appointed under this Act and for any return, statement, account or report
concerning or connected with any matter with which any such committee or sub-committee is empowered
by or under this Act to deal; and every such requisition shall be complied with by any such Committee or
sub-committee without any unreasonable delay.
70. Power of Corporation to require the Commissioner, etc., to produce documents and furnish
returns, reports, etc.—(1) The Corporation may at any time require the Commissioner—
(a) to produce any record, correspondence, plan or other document which is in his possession or
under his control as Commissioner or which is recorded or filed in his office or in the office of any
municipal officer or other municipal employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected
with any matter pertaining to the administration of this Act or the municipal government of
6
[
7
[Delhi]] 8*** 9***;
(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 5
[
6
[Delhi]] 2*** 10***.
(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 11[ 12[the Corporation]].
13* * * * *
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 10[ 11[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
1. Subs. by Act 67 of 1993, s. 48, 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 Act 67 of 1993, s. 49, for certain words (w.e.f. 1-10-1993).
5. The word “Delhi” omitted by Delhi Act 12 of 2011, s. 11 (w.e.f. 13-1-2012).
6. Subs. by, s. 2, ibid., for “Delhi” (w.e.f. 13-1-2012).
7. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22-5-2022).
8. The words “except in regard to the Delhi Electric Supply Undertaking” omitted by Act 67 of 1993, s. 50 (w.e.f. 1-10-1993).
9. 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).
10.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).
11. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
12. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
13. Omitted by Act 67 of 1993, s. 50 (w.e.f. 1-10-1993).
54
(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 1***, if it is incurred in the year next following such year, or
(ii) of 2
[
3
[the Corporation]], if it is incurred at any time after the next following year.