DELHI ADMINISTRATION ACT,
1966 THE DELHI ADMINISTRATION ACT, 1966][1] [Act No. 19 of 1966] [2nd June, 1966] An Act to
provide for the administration of the Union territory of Delhi and for matters
connected therewith. Be it enacted by Parliament
in the Seventeenth Year of the Republic of India as follows:-- (1)
This Act may be called the Delhi Administration Act, 1966. (2)
It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint: Provided that different
dates may be appointed for different provisions of this Act and any reference
in any such provision to the commencement of this Act shall be constructed as a
reference to the coming into force of that provision. In this Act, unless the
context otherwise requires,-- (a)
"Administrator" means the Administrator of Delhi
appointed by the President under article 239; (b)
"article" means an article of the Constitution; (c)
"constituency" means a constituency provided by order
made under section 4 for the purpose of elections to the Metropolitan Council; (d)
"Delhi" means the Union Territory of Delhi; (e)
"Election Commission" means the Election Commission
appointed by the President under Article 324; (f)
"member" means a member of the Metropolitan Council; (g)
"Metropolitan Council" means the Metropolitan Council of
Delhi constituted under section 3; (h)
"New Delhi" means the area within the boundaries
described in the First Schedule to the Delhi Municipal Corporation Act, 1957
(66 of 1957); (i)
"Official Gazette" means the Official Gazette of Delhi; (j)
"scheduled castes" means any of the scheduled castes
specified in Part 1 of the Schedule to the Constitution (Scheduled Castes)
(Union Territories) Order, 1951. (1)
There shall be a Metropolitan Council for Delhi. (2)
The total number of seats in the Metropolitan Council to be filled
by persons chosen by direct election from territorial constituencies shall be
fifty-six. (3)
The Central Government may nominate not more than five persons,
not being persons in the service of Government, to be members of the
Metropolitan Council. (4)
Seats shall be reserved for the scheduled castes in the
Metropolitan Council and the number of such seats shall bear, as nearly as may
be, the same proportion to the total number of seats in the Metropolitan
Council as the population of the scheduled castes in Delhi bears to the total
population of Delhi: Provided that the
reservation of seats of the scheduled castes in the Metropolitan Council shall
cease to have effect under article 334, but such cesser shall not affect any
representation of the scheduled castes in the Metropolitan Council until the
dissolution of the then existing Metropolitan Council. (5) For the
purposes of this section and section 4, the expression "population"
means the population as ascertained at the last preceding census of which the
relevant figures have been published. (1)
For the purpose of elections to the Metropolitan Council, Delhi
shall be divided into single-member constituencies in such manner that the
population of each of the constituencies shall, so far as practicable, be the
same throughout Delhi. (2)
For the purpose of giving effect to the provisions of sub-section
(1), the Election Commission shall determine in the manner hereinafter
provided. (3)
For the purpose of assisting the Election Commission in the
performance of its functions under sub-section (2), the Commission shall
associate with itself all the members of the House of the People representing
Delhi: Provided that none of the
said associate members shall have a right to vote or to sign any decision of
the Election Commission. (4)
The Election Commission shall? (a)
publish its proposals in regard to matters mentioned in
sub-section (2) in the Official Gazette together with a notice specifying the
date on or after which the proposals will be further considered by it; (b)
consider all objections and suggestions which may have been
received by it before the date so specified, and for the purpose of such
consideration, hold one or more public sittings at such place as it thinks fit; (c)
make an order delimiting the constituencies specifying therein the
constituencies in which seats shall be reserved for the scheduled castes; and (d)
send an authenticated copy of the order to the Central Government. (5)
An order made by the Election Commission under this section shall
not be called in question in any court. The Election Commission
may, from time to time, by notification in the Official Gazette, correct any
printing mistake in any order made under section 4 or any error arising therein
from an inadvertent slip or omission. A person shall not be
qualified to be chosen to fill a seat in the Metropolitan Council unless he- (a)
is an elector for any constituency and makes and subscribes before
some person authorised in that behalf by the Election Commission an oath or
affirmation according to the form set out for the purpose in the Schedule; (b)
is not less than twenty-five years of age; and (c)
in the case of a constituency reserved for the scheduled castes,
is also a member of any of those castes. (1)
The persons entitled to vote at election of members shall be the
persons entitled, by virtue of the provisions of the Constitution and the
Representation of the People Act, 1950 (43 of 1950), to be registered as voters
at election to the House of the People. (2)
So much of the electoral roll for any parliamentary constituency
for the time being in force as relates to the areas comprised within a
constituency for the purpose of this Act. Every person whose name is,
for the time being, entered in the electoral roll of a constituency shall be
entitled to vote at the election of a member from that constituency. The provisions of Part I
and Parts III to XI of the Representation of the People Act, 1951 (43 of 1951)
and of any rules and orders made thereunder, for the time being in force, shall
apply in relation to an election to the Legislative Assembly of a State,
subject to such modification as the Central Government may, after consultation
with the Election Commission, by order, direct. The Metropolitan Council,
unless sooner dissolved, shall continue for five years from the date appointed
for its first meeting and no longer, and the expiration of the said period of
five years shall operate as a dissolution of the Metropolitan Council: Provided that the Central
Government may, by notification in the Official Gazette, extend the said period
for reasons to be specified in the notification by such period not exceeding
one year at a time as it thinks fit, so, however, that the total period so
extended shall not exceed three years. Provided further that the
said period or extended period."[2] (1)
The Administrator shall, from time to time, summon the
Metropolitan Council to meet at such time and place as he thinks fit, but six
months shall not intervene between its last sitting in one session and the date
appointed for its first sitting in the next session. (2)
The Administrator may, from time to time,-- (a)
prorogue the Metropolitan Council; (b)
with the approval of the President, dissolve the Metropolitan
Council. (1)
The Metropolitan Council shall, as soon as may be, choose two
members to be respectively Chairman and Deputy Chairman thereof and, so often
as the office of Chairman or Deputy Chairman becomes vacant, the Metropolitan
Council shall choose another member to be Chairman or Deputy Chairman, as the
case may be. (2)
A member holding office as Chairman or Deputy Chairman,-- (a)
shall vacate his office if he ceases to be such a member; (b)
may at any time by writing under his hand addressed, if such member
is the Chairman, to the Deputy Chairman, and if such member is the Deputy
Chairman, to the Chairman, resign his office; and (c)
may be removed from his office by a resolution of the Metropolitan
Council passed by i. majority of all the then members: Provided that no resolution
for the purpose of clause (c) shall be moved unless at least fourteen days'
notice has been given of the intention to move the resolution : Provided further that,
whenever the Metropolitan Council is dissolved, the chairman shall not vacate
his office until immediately before the first meeting of the Metropolitan
Council after the dissolution. (3)
While the office of Chairman is vacant, the duties of the office
shall be performed by the Deputy Chairman or, if the office of Deputy Chairman
is also vacant, by such member as may be determined by the rules of procedure
of the Metropolitan Council. (4)
During the absence of the Chairman from any sitting of the
Metropolitan Council, the Deputy Chairman, or if he is also absent, such person
as may be determined by the rules of procedure of the Metropolitan Council,
shall act as Chairman. (5)
The Chairman and the Deputy Chairman shall be entitled to such
salaries and allowances as the President may, by order, determine. (1)
At any sitting of the Metropolitan Council, where any resolution
for the removal of the Chairman from his office is under consideration, the
Chairman, or while any resolution for the removal of the Deputy Chairman from
his office is under consideration, the Deputy Chairman, shall not, though he is
present, preside and the provisions of sub-section (4) of section 12 shall
apply in relation to every such sitting as they apply in relation to a sitting
from which the Chairman, or, as the case may be, the Deputy Chairman, is
absent. (2)
The Chairman shall have the right to speak in, and otherwise to
take part in the proceedings of, the Metropolitan Council while any resolution
for his removal from office is under consideration and shall, notwithstanding
anything in section 17, be entitled to vote only in the first instance on such
resolution or on any other matter during such proceedings, but not in the case
of an equality of votes. The Administrator may
attend and address any meeting of the Metropolitan Council and may for that
purpose require the attendance of members. Every member of the
Executive Council shall have the right to speak in and otherwise to take part
in the proceedings of, the Metropolitan Council, and any Committee of the Metropolitan
Council of which he may be named a member, but shall not by virtue of this
section be entitled to vote. (1)
Every member shall, before taking his seat, make and subscribe
before the Administrator, or some person appointed in that behalf by him, an
oath or affirmation according to the form set out for the purpose in the
Schedule. (2)
If a person sits or votes as a member before he has complied with
the requirement of sub-section (1), or when he knows that he is not qualified
or that he is disqualified for membership thereof, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five hundred
rupees to be recovered as a debt due to the Union. (1)
Save as otherwise provided in this Act, all questions at any
sitting of the Metropolitan Council shall be determined by a majority of votes
of the members present and voting other than the Chairman or person acting as
such. (2)
The Chairman or person acting as such shall not vote in the first
instance, but shall have and exercise a casting vote in the case of an equality
of votes. (3)
The Metropolitan Council shall have power to act notwithstanding
any vacancy in the membership thereof, and any proceedings in the Metropolitan
Council shall be valid notwithstanding that it is discovered subsequently that
some person who was not entitled so to do, sat or voted or otherwise took part
in the proceedings. (4)
The quorum to constitute a meeting of the Metropolitan Council
shall be fifteen. (5)
If at any time during a meeting of the Metropolitan Council there
is no quorum, it shall be the duty of the Chairman, or person acting as such,
either to adjourn the Metropolitan Council or to suspend the meeting until
there is quorum. (1)
No person shall be a member? (a)
both of Parliament and of the Metropolitan Council, or (b)
both of the Metropolitan Council and of the Delhi Municipal
Corporation, and if a person is so chosen, then, at the expiration of fourteen
days from the date of publication in the Gazette of India or in the Official
Gazette, whichever is later, that he has been so chosen. (2)
If a member- (a)
becomes subject to any disqualification mentioned in sub-section
(1) of section 19, or (b)
resigns his seat by writing under his hand addressed to the
Chairman, his seat shall thereupon become vacant. (3)
If during a period of six successive months, a member is, without
permission of the Metropolitan Council,absent from all meetings thereof, the
Metropolitan Council may declare his seat vacant. (1)
A person shall be disqualified for being chosen as, and for being,
a member of the Metropolitan Council if he is for the time being disqualified
for being chosen as and for being, a member of either House of Parliament under
any of the provisions of article 102 or of any law made in pursuance of that
article. (2)
For the purposes of this section, a person shall not be deemed to
hold an office of profit by reason only that he is a member of the Executive
Council. (3)
If any question arises as to whether a member has become
disqualified for being such a member under the provisions of sub-section (1),
the question shall be referred for the decision of the President and his
decision shall be final. (4)
Before giving any decision on any such question, the President
shall obtain the opinion of the Election Commission and shall act according to
such opinion. (1)
Subject to the provisions of this Act and to the rules and
standing orders regulating the procedure of the Metropolitan Council, there
shall be freedom of speech in the Metropolitan Council. (2)
No member shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in the Metropolitan Council
or any committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of the Metropolitan Council of any
report, paper, votes or proceedings. Members shall be entitled
to receive such salaries and allowances as the President may, by order,
determine. (1)
Subject to the provisions of this Act, the Metropolitan Council
shall have the right to discuss, and make recommendations with respect to, the
following matters in so far as they relate to Delhi, namely :-- (a)
Proposals for undertaking legislation with respect to any of the
matters enumerated in the State List or the Concurrent List in the Seventh
Schedule to the Constitution in so far as any such matter is applicable in
relation to Union territories (hereafter referred to as the State List and the
Concurrent List); (b)
proposals for extension to Delhi of any enactment in force in a
State relatable to any matter enumerated in the State List or the Concurrent
List; (c)
proposals for legislation referred to it by the Administrator with
respect to any of the matters enumerated in the State List or the Concurrent List; (d)
the estimated receipts and expenditure pertaining to Delhi to be
credited to and to be made from, the Consolidated Fund of India; and
notwithstanding anything contained in the Delhi Development Act, 1957 (61 of
1957), the estimated receipts and expenditure of the Delhi Development
Authority; (e)
matters of administration involving general policy and schemes of
development in so far as they relate to matters enumerated in the State List or
the Concurrent List; (f)
any other matter referred to it by the Administrator. (2)
The recommendations of the Metropolitan Council, after having been
duly considered by the Executive Council, shall, wherever necessary, be
forwarded by the Administrator to the Central Government with the views, if
any, expressed thereon by the Executive Council. Subject to the rules
regulating the procedure of the Metropolitan Council, a member shall have the
right to ask questions on any matter in so far as it falls within the purview
of the Metropolitan Council under sub-section (1) of section 22. (1) The
Metropolitan Council may make rules for regulating, subject to the provisions
of this Act, its procedure and the conduct of its business: Provided that the
Administrator shall, after consultation with the Chairman of the Metropolitan
Council and with the approval of the President, make rules for prohibiting the
discussion of, or regulating the asking of questions on, any matter which
affects the discharge of his functions in so far as he is required by or under
this Act to act in his discretion,
or by or under any law to exercise judicial or quasi-judicial functions and, if
and in so far as any rule so made by the Administrator is inconsistent with any
rule made by the Metropolitan Council, the rule made by the Administrator shall
prevail. (2) Until
rules are made under sub-section (1), the procedure and conduct of business of
the Metropolitan Council shall be regulated by such rules as the Administrator
may make in this behalf. No discussion shall take
place in the Metropolitan Council with respect to the conduct of any Judge of
the Supreme Court or of a High Court in the discharge of his duties. (1)
The validity of any proceedings in the Metropolitan Council shall
not be called in question on the ground of any alleged irregularity of
procedure. (2)
No officer or member of the Metropolitan Council in whom powers
are vested by or under this Act for regulating procedure or the conduct of
business, or for maintaining order in the Council shall be subject to the
jurisdiction of any court in respect of the exercise by him of those powers. (1) There
shall be an Executive Council, consisting of not more than four members one of
whom shall be designated as the Chief Executive Councillor and others as the
Executive Councillors, to assist and advise the Administrator in the exercise
of his functions in relation to matters enumerated in the State List or the
Concurrent List, except in so far as he is required by or under this Act to
exercise his functions or any of them in his discretion or by or under any law
to exercise any judicial or quasi-judicial functions: Provided that, in case of
difference of opinion between the Administrator and the members of the
Executive Council on any matter, other than a matter in respect of which he is
required by or under this Act to act in his discretion, the Administrator shall
refer it to the President for decision and act according to the decision given
thereon by the President, and pending such decision, it shall be competent for
the Administrator in any case where the matter is in his opinion so urgent that
it is necessary for him to take immediate action, to take such action or to
give such direction in the matter as he deems necessary: Provided further that every
decision taken by a member of the Executive Council or by the Executive Council
in relation to any matter concerning New Delhi shall be subject to the
concurrence of the Administrator, and nothing in this sub-section shall be
construed as preventing the Administrator in case of any difference of opinion
between him and the members of the administration of New Delhi as he, in his
discretion, considers necessary. (2)
?The administrator shall
preside at every meeting of the Executive Council, but if he is obliged to
absent himself from any meeting of the Council owing to illness or any other
cause, the Chief Executive Councillor shall preside at the meeting of the
Council. (3)
The functions of the administrator with respect to law and order
in Delhi including the organisation and discipline of police force, and with
respect to such other matters as the President may from time to time specify in
this behaf, shall be exercised by him in his discretion. (4)
If any question arises as to whether any matter is or not a matter
as respects which the Administrator is by or under this Act required to act in
his discretion, the decision of the Administrator thereon shall be final. (5)
If any question arises as to whether any matter is or is not a
matter as respects which the Administrator is required by or under any law to
exercise any judicial or quasi-judicial functions, the decision of the
Administrator thereon shall be final. (6)
If any question arises as to whether any matter is or is not a
matter concerning New Delhi, the decision of the Administrator thereon shall be
final. (7)
The question whether any, and if so, what advice was tendered by
any member of the Executive Council to the Administrator shall not be enquired
into any court. (1)
The members of the Executive Council shall be appointed by the
President. (2)
The members of the Executive Council shall hold office during the
pleasure of the President. (3)
Before a member of the Executive Council enters upon his office,
the Administrator shall administer to him the oaths of office and of secrecy
according to the forms set out for the purpose in the Schedule. (4)
A member of the Executive Council who for any period of six
consecutive months is not a member of the Metropolitan Council shall, at the
expiration of that period, cease to be a member of the Executive Council. (5)
The salaries and allowances of the members of the Executive
Council shall be such as the President may, by order, determine. (1)
The President shall make rules- (a)
for the allocation of business to the members of the Executive
Council in so far as it is not business with respect to which the Administrator
is required by or under this Act to act in his discretion; and (b)
for the more convenient transaction of business with the members
of the Executive Council, including the procedure to be adopted in the case of
a difference of opinion between the Administrator and the members of the
Executive Council or a member of the Council. (2)
Save as otherwise provided in this Act, an executive action of the
Administrator whether taken in his discretion or otherwise, shall be expressed
to be taken in the name of the Administrator. (3)
Orders and other instruments made and executed in the name of the
Administrator shall be authenticated in such manner as may be specified in the
rules to be made by the Administrator, and the validity of an order or
instrument which is so
authenticated shall not be called in question on the ground that it is not an
order or instrument made or executed by the Administrator. Notwithstanding anything in
this Act, the Administrator and the members of the Executive Council shall be
under the general control of, and comply with such particular directions, if
any, as may from time to time be given by, the President. If the President, on
receipt of a report from the Administrator or otherwise, is satisfied-- (a)
that a situation has arisen in which the administration of Delhi
cannot be carried on in accordance with the provisions of this Act, or (b)
that for the proper administration of Delhi it is necessary or
expedient so to do, the president may, by order, suspend the operation of all
or any of the provisions of this Act for such period as he thinks fit and make
such incidental and consequential provisions as may appear to him to be
necessary or expedient for administering Delhi in accordance with the
provisions of article 239. (1)
Until a Metropolitan Council has been duly constituted and
summoned to meet for the first session under the provisions of Part II of this
Act, there shall be an Interim Metropolitan Council consisting of- (a)
forty-two members elected by the members of the electoral college
for Delhi, as in existence immediately before the commencement of this Act, in
accordance with rules made by the Central Government in this behalf, such
elections being held in accordance with the system of proportional
representation by means of the single transferable vote, and (b)
not more than five members, not being persons in the service of
Government, nominated by the Central Government. (2)
No person shall be qualified to be chosen as a member of the
Interim Metropolitan Council unless he is an elector for any Parliamentary
constituency in Delhi and is not less than twenty-five years of age. (1)
Notwithstanding anything contained in Part III, the President may
appoint such members of the Interim Metropolitan Council, not exceeding four in
number, as he thinks fit to be the members of the Interim Executive Council. (2)
The members of the Interim Executive Council shall hold office
during the pleasure of the President. (3)
A member of the Interim Executive Council shall cease to hold
office as such if he ceases to be a member of the Interim Metropolitan Council. (4)
Subject to the foregoing provisions, the members of the Interim
Executive Council shall? (a)
exercise all the powers and perform all the duties conferred by
the provisions of this Act on the members of the Executive Council, (b)
be entitled to such salaries and allowances as the President may
by order, determine. For the removal of doubts
it is hereby declared that-- (a)
all contracts in connection with the administration of Delhi are
contracts made in the exercise of the executive power of the Union; (b)
all suits and proceedings in connection with the administration of
Delhi shall be instituted by or against the Government of India. In the Representation of
the People Act, 1950, in section 27A, for sub-section (3), the following
sub-section shall be substituted namely.-- "(3) The electoral
college for the Union territory of Delhi shall consist of the elected members
of the Metropolitan Council constituted for that territory under the Delhi
Administration Act 1966." In the Delhi Development
Act, 1957, in section 3-- (i) for
clause (f) of sub-section (3), the following clause shall be substituted,
namely:- "(f) as and when the
Metropolitan Council for the Union territory of Delhi is constituted, three
representatives of that Council to be elected by the members of the Council
from among themselves, and until that Council is constituted, three
representatives of the Interim Metropolitan Council to be elected by the
members of the Interim Metropolitan Council from among themselves"; (ii)
in sub-section (6), the words, brackets, letter and figure
"and the three representatives of the Advisory Committee to Delhi referred
to in clause (f) of sub-section (3) shall hold office for so long only as they
continue to be members thereof shall be omitted; (iii)
for sub-sections (7) and (8), the following sub-section shall be
substituted, namely:- "(7) An elected member
shall hold office for a term of five years from the date of his election to the
Authority and shall be eligible for re-election: Provided that such term
shall come to an end as soon as the member ceases to be a member of the body
from which he was elected." In the Government of Union
Territories Act, 1963, in clause (a) of sub-section (2) of section 41, for the
words "the total number thereof remaining the same," the words and
figures "the number being 7, 4, 2, and 2," shall be substituted. (1)
If any difficulty arises in giving effect to the provisions of
this Act and, in particular in relation to the constitution of the Interim
Metropolitan Council, the President may, by order, do anything not inconsistent
with the provisions of this Act which appear to him to be necessary or
expedient for the purpose of removing the difficulty. (2)
Every order made under this section shall be laid as soon as may
be after it is made before each House of Parliament while it is in session for
a total period of thirty days which may be comprised in one session or in two
successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, both Houses agree in making any
modification in the order or both Houses agree that the order should not be
made, the order shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that order. THE SCHEDULE [See Sections 6 (a), 16 (1) and 28 (3)] FORMS OF OATHS OR AFFIRMATION I FORM OF OATH OR AFFIRMATION TO BE MADE BY A CANDIDATE FOR ELECTION TO THE METROPOLITAN COUNCIL "I
A.B., having been nominated as a candidate to fill a seat in the Metropolitan
Council of Delhi do swear in the name of God/solemnly affirm that I will bear
true faith and allegiance to the Constitution of India as by law established
and that I will uphold the sovereignty and integrity of India." II FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF THE METROPOLITAN COUNCIL "I,
A.B., having been elected (or nominated) a member of the Metropolitan Council
of Delhi do swear in the name of God/solemnly affirm that I will bear true
faith and allegiance to the Constitution of India as by law established, that I
will uphold the sovereignty and integrity of India and that I will faithfully
discharge the duty upon which I am about to enter." III FORM OF OATH OF OFFICE FOR A MEMBER OF THE EXECUTIVE COUNCIL "I,
A. B., do swear in the name of God/solemnly affirm that I will bear true faith
and allegiance to the Constitution of India, as by law established, that I will
uphold the sovereignty and integrity of India, that I will faithfully and
conscientiously discharge my duties as a member of the Executive Council, and
that I will do right to all manner of people in accordance with the
Constitution and the law without fear or favour, affection or ill-will." IV FORM OF OATH OF SECRECY FOR A MEMBER OF THE EXECUTIVE COUNCIL "I,
A. B., swear in the name of God solemnly affirm that I will not directly or
indirectly communicate or reveal to any person or persons any matter which
shall be brought under my consideration or shall become known to me as a member
of the Executive Council except as may be required for the due discharge of my
duties as such member."
Preamble - THE DELHI ADMINISTRATION ACT, 1966PREAMBLE