NDMC ACT (Chapter 2)

THE COUNCIL

CONSTRUCTION OF THE COUNCIL

Establishment of the Council

(1)	With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Council charged with the municipal government of New Delhi, to be known as the New Delhi Municipal Council.
(2)	The Council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may be the said name sue and be sued.

Composition of the Council

(1)

The Council shall consist of the following members, namely:-

(a)	a Chairperson, from amongst the officers, of the Central Government or the Government, of or above the rank of Joint Secretary to the Government of India to be appointed by the Central Government in consultation with the Chief Minister of Delhi;
(b)	three members of Legislative Assembly of Delhi representing constituencies which comprise wholly or partly the New Delhi area;
(c)	five members from amongst the officers of the Central Government or the Government or their undertakings, to be nominated by the Central Government; and
(d)	two members to be nominated by the Central Government in consultation with the Chief Minister of Delhi to represent from amongst lawyers, doctors, chartered accountants, engineers, business and financial consultants, intellectuals, traders, labourers, social workers including social scientists, artists, medial persons, sports persons and any other class of persons as may be specified by the Central Government in this behalf.

(2)

The Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area, shall be a special invitee for the meetings of the Council but without a right to vote.

(3)

Out of the eleven members referred to in sub-section (1), there shall be at least three members who are women and one member belonging to the Scheduled Castes.

(4)

The Central Government shall nominate, in consultation with the Chief Minister of Delhi, a Vice-Chairperson, from amongst the members specified in clause (b) and (d) of sub-section (1).

Duration of the Council

(1)

The Council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2)

The Council:-

(a)	where it is dissolved before the expiry of its duration under clause (1), shall be reconstituted within a period of six months of such dissolution; and
(b)	where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry.

NOTES ON CLAUSES

These clauses relate to establishment, composition and duration of the Council

Disqualification for membership of Council

(1)	No person, other than a member of the Legislative Assembly of the National Capital Territory of Delhi, shall be disqualified for being nominated as a member of the Council on the ground that he holds an office of profit for purposes of election to the legislature of the National Capital Territory of Delhi under any law for the time being in force.
(2)	If a person sits or votes as a member of the Council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.

MEMBERS

Oath or affirmation

(1)

Every member before taking his seat shall make and subscribe at a meeting of the Council an oath or affirmation according to the following form, namely:-

"I.A.B., having been nominated as a member of council 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 faithfully discharge the duty upon which I am about to enter".

(2)

If a person sits or votes as a member before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.

Vacation of seat

(1)	If a member resigns his seat by writing under his hand addressed to the Chairperson and delivered to him, his seat shall thereupon become vacant
(2)	If during three successive months, a member is without permission of the Council, absent from all the meetings thereof, Council may recommend to the Central Government that the seat of such member may be declared vacant.

NOTES ON CLAUSES

These clauses relate to disqualification for membership of Council, oath or affirmation and vacation of seat.

COMMITTEES OF THE COUNCIL

Setting-up of committees

(1)	The Council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the Council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the council may refer to them.
(2)	Any such committee shall consist of members of the council only : Provided that a committee may, with the sanction of the council, co-opt not more than two persons who are not members of the Council, but who in the opinion of the Council possesses special qualifications for serving on such committee.
(3)	Each committee constituted under this section shall be presided by the Chairperson of the Council.
(4)	Any matter relating to a committee constituted under this section, not expressly provided in this Act may be provided by regulations made in this behalf.

NOTES ON CLAUSES

This clause relates to setting up of committees.