MUNICIPAL CORPORATION OF DELID Control and Appeal Regulations, 1959 Framed by the Govt. of India under rh!uses (d) and (e) of sub-section (1) of section 98 read with sub-section (/) of section 480 of th~ l)e/hi Municipal Corporation Act, 1957 (66 of 1957), and published with Ministry of Home Affairs Notiftcation ·No. 40117/58-Delhi dated the 3rd April, 1959 in Part-IV, Delhi Gazette (Extra-ordinary) dated 4th April,
1959.
l . ( l) These regulations may be called the Delhi Short title and Municipal Corporation Service (Control and Appeal) commencement.
Regulati'ons, 1959.
(2) They shall come into force at once.
2. In these regulations, unless the context otherwise Definitions. . .
reqwre~ :-:- . . . . , (a}' Act' ·means the Delhi Municipal ·qorporation Act, 1957 ( 66 of I 957); ·
(b) 'Appointing Authority' . in . ~elation tQ . {I: ~uro:cipal · .
officer or other municipal ~mployee .ll_le~s)he · authority empowered by or -under -the~Act·to ~ake appointments to the_· post -which s_uch officer.· or . employee for the time.being holds; . ·. •. · : · · ·. .•· . .
( C) 'Disciplinary Authority' iirrelation-to ·the imposition of a penalty on a municipal officer-or- other'municipal employee means the authority C<?Iilpetentitndei these . regulations to imppse on him * any of ~e penalties sp~cified in reg~lation·6•·. .· - · . . :._. :. ·. :'. • .. ::.: .. :_ ·
(d) 'M\lllicipal officer' or 'other '.municipal>employee?
m~ans a municipal officer or other municipal employee to who~ thes.~ re~latio~s appl~; . .
(e) 'Schedule' means~~ sc~edµle to .. ~~se r~atiqns; - ( f) 'Section' .means .a s_ection of the Act. .. : .
3. · · . (I) These regulations apply to all municipal officers Application.
·and other municipal employees whose pay is chargeable to the General Account of the Municipal Fund except :- . . . . . -..
(a) persons in casual employment; ·.· / 1 \ Special provision by agreement.
Suspension.
(b) persons subject to di~harg; trom service on less than one month's notice; an ( c) persons for whom in res~ of ~~tte:-' c?vered by these regulations, special provmon 1s made by or under any Jaw for the time being in force, and onlY in regard to the matters covered by such law.
· ti) NotwithStanding an_ything contained in subregulation ( 1 ), these regulatt_o~s shall appl~ to every inuniCipal officer and othermumc1pal employee temporarily transferred to a post coming within clause (ct of subregulatiOO:(I )ttl \'Vhon'!~ but for such traDSfer, these regulations would ·apply:~ 1 , • · •
(3) Notwithstanding anything contained in subregulation (1 ), the Co!J>Oration may by order exclude from the operation of all or any of these regulations any municipal officer or other municipal employee or class of such officers or employees.
4 . .• Where it is considered necessary to make special provisions in respect of a municipal officer or other municipal employee inconsistent with any of these regulations, the appointing authority may, by agreement with such officer or employee, make such special provisions and thereupon these regulations shall not apply to such officer or employee to the extent to which the special provision so m,adeiare inconsistent therewith:
ri:ovid~c;t tillrt if_ the ~ppQinting authority is other than the <;entral _ ~ovc;mment or · the Corporation, the previous approyal. 0 ( l!¼~ ~rporatioll shall be obtained by such authority. ·. · • :; .. · · · · · · ·. · ... ·, · . . . . - .
5. (1) In t ~gulation, 'appropriate authority' means :-
(i) . · in n;lation muclcipal officers or other municipal · . ·· ernplo~ specified or referred to in sub-section · (1) of ~~on 89 or immediately subordinate .
10 the ~umc1pal Secretary or the Municipal c~ef Auditor, whose minimwn monthly salal)' ( ach1s1ve of allowances) is more than two hundred and fif\Y . rupees, the Standing Committee;
(2)
(ii) in relation to municipal officers or other municipal employees immediateiy subordinate to th~ Municipal_ Secretary or the Municipal Chief Aud1to_r, whose minimum monthly sa;ary (exclusive of allowances) is not tnore thmf two hundred and fifty rupees, the Municipal Secretary or the Municipal Chief Auditor; as the case may be;and .
• *(iii) in relation to all other municipal officers and employees, the Commissioner or to whom such power is delegated by a general or special order of the Commissioner.
(2) The appropriate authority may place any municipal officer or other municipal employee under suspension :-
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where a case against him in respect of any criminal offence is under inv~stigation or tri_al.
Provided that where an order··of s~pensior(is m,ade by the Standing Committee in regard·tcianY of the mwucipaj officers specified or referred to in sub--section· (1) of section 89, the order of suspension shall be subject to cohfi~ation by the Corporation. · · ·
(3) Any municipal officer or other municjpal employee who is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight hours shall be deemed to have been suspended with effect from the date of detention in accordance with thi_s· regulation and shall remain under suspension until furthef orders~ . . . . . . . . . . . .
( 4) Where a penalty of dismissal, rem.oval or compulsory retirement fro~ servi~e . i_mp~~~-d _"upon a .
municipal officer or other munfciparenfploy·ee under suspension is set aside in appeal under· these regulations and the case is remitted for-further-inquiry or action or with any other direction. the or~er of his . suspension ,shall be deemed to have continuecl in fo.rce on and .fr~m the date· pf the original order of di~missal,. rell:'1ov~ or cqmpu~s:Ory retirement and shall remain in force. until °further or~efS ... ..
**Added vide Notification N~. F-2(2~)(74-LSQ d~ted 17-12-1~74~_ . . .
( 3) ..
Nature of penalties_.
7 (S) Where a penalty of dis~is~al, removal or compulsory retirement from. s~rv1ce tmpos7d upon a municipal officer Qr other municipal employee 1s set aside or declared or rendered void in consequence of or by a decision of a court oflaw and the disciplinary authority on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal,_ removal or compulsory retirement was originally imposeq, such officer or e?1-pl~yee shall be deemed to have been placed under suspension m accordance with this regulation· from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
· ( 6) An order of suspension made or deemed to have been made at. any time be revoked by the authority which .made or is deemed to have made the order.
(7) The appropriate authority, if it is not the disciplinary auth_ority, shall send a copy of the order of suspension to the disciplinary authority along with a report stating the grounds · for the order of suspension. · - ~;_ . The following penalties may, for good and sufficient ~~aso,;1$· apd as hereinafter provided, be imposed on a ~:wii~ipa1 offic~r or other empl9yee, namely :- · . . . ' . . . .... . . . . . ' .
. _·.Minor-pem~lties-: ·· .
: : .. : (iy .: ·Ce·Mure· .....
•: .. · · (ii)-. (i)_; Wi@i?lding ()f.increments cir promotion.
· · -· •~rovided where it is proposed after considering • therepre.sentations, if any, made by the municipal · · · ·employee to with-hold increments and such with· -. ?0 lding . of inc.rements is likely to with-hold . . ~n~rements for a period exceeding 3 years or to Wt th-hold increments with cumulative effect for any _peri'o·d, an enquiry shall be held in accordance with.regulation ·g of these regulations . befo_r~ making any order imposing on the . _ _municipal employee any such penalty• • Amended vide notification No F l l ( 11 )92 LSG/J · · · ,. - · ·. · . - 446 dated 16.4.92 - . (.4)
(iii) Recovery of the whoie ·6r part of any pecuniary loss caused to the Corporation by n~gligence_or misconduct. · Major penalties :
(iv) Reduction in rank including reduction to a lower post, or to a lower time scale or to a lower stage in a time-scale. · ( v) Compulsory retirement.
(vi) Removal from service· which shall not be a disqualification for future employment.
(vii) Dismissal from service which shall ordinarily be a disqualification for future employment.
Explanation :- The following shall not amount to a penalty within the meaning of this regulation:- ( a) ·reversion to his permanent post of a municipal officer or other municipal employee appointed on probation to anoth_~r post during or at the end of the period. of probation in accor~ce . wt_$ the terms of his appointment or th~ ·rules· and orders governing probation;
(b) replacement of the services of a municipal officer or other mwricipal employee whose services have been borrowed from the·Central ·Govt. or a State Government or any local or statutory authority, at the disposal of the authority which had lent his services;
. . . . . . .
( c) compulsory re~ir~me~t of a municipal officer or other municipal empl~yee in accor~~ with ~e provisions refati~g. to his. sup_er~~uati~n or retirement; and · · · · · · · · ·
(d) termination ofth~ services:- ··_ ;.:·.' ·. ·, :
( i) of a municipal officer or o~e~ municipal employee ~ppomte_~ on probation~· d-un~g or at the end-~fthe period·of probation~ in accordanc'e .. with" the ·terms ~ of hii appointment . 0~ ·1h·e· rui'e~:-a.rid .-_~rder"s governing prob~tion~ or . . · . · .. · . . ·
(5) P" Disciplinary Authorities and Appellate Authorities.
Procedure for imposing penalties.
.. (ii) of a temporary municipal o~c!r or o!h_er municipal mployee in accordance with prov1s1ons o~ rul of the Central Civil Services (Tempora;
Services) Rules, * I 965. as amended from time to time and* as applied to such officers or employ~es;
or
(iii) of a municipal officer or other municipal employee employed under an agreement, in accordance with the terms of such agreement.
7. The authority specified in column I of the schedule may impose on any of the· municipal o_ffic~rs or other municipal employees specified there against tn column 2 thereof any of the penalties specified there against in column 3 thereof. Any such officer or employee may appeal against the order imposing upon him any of these penalties *or any of the following orders* to the authority specified in column. 4 of the said schedule.
(i) *Reducing or with-holding of pension in full or any part thereof of a retired municipal officer/ employee as a result of disciplinary proceedings under Rule 9 of the Central Civil Services {Pension) Rules, 1972
(ii) D_efermining the pay and allowances for the period of suspe~sion or for the period from the date of his dism~ssal, removal or compulsory retirement fronf service,-or from the date of his reduction to a lowet-s'etvice·grade, ·post, time scale of stage in a . time_ scale·0of pay to the date of his reinstatement , .or . restoration to his -service grade or post under FR54*.· · · - .
-~•s .. -(1) Subject to the provisi~ns of sub-section (2) of sec~~n 95, no order imposing on a· municipal officer or other 1:11tlµicip~ employee, any of the penalties specified in clauses
(iv) to (vii) of regulation 6 shall be passed, except after an enqU:iry is held, as far as may be, in the manner hereinafter provided. · **Added vide Notification No. F-2(25)/74-LSG dated 17-12-1974.
*Amended vidc--notification No.F.11 (l 1)92-LSG/3446 dated 16.4.92 t i
(2) The Disciplinary. Authority shall frame definite charges on the basis of the aUegations on which the inquiry is proposed to be held .. Such charges, together 'with a statement of the allegations on which they are based, shall be communicated in writing to the municipal officer or other municipal employee, and he shall be required to submit within such time as may be specified by the Disciplinary Authority, a written statement of his defence and also to state whether he desires to be heard in person.
(3) The municipal officer or other municipal employee shall, for the purpose of preparing his defence, be permitted to inspect and take extracts from such official records as he may specify.
Provided that such pennission may be refused if, for reasons to be recorded in writing, in the opinion of the Disciplinary Authority, such records are not relevant for the purpose or it is against public interest to allow him access thereto. .. • . ..
( 4) On receipt of the written statement ·01 defence;
or if no such statement is received within. the time specified, the Disciplinary Authority may charges as are ·not admitted or, if it considers it necessary so to do, appoint a -Board of Inquiry or an Inquiry Officer (hereafter in this regulation referred to as the Inquiring Authority) for the purpose.
(5) The Disciplinary Authority may n~minate any person to present ·the case in ·support of the charges before the Inquiry Authority. *The officer* or other employee may present his case with the·assistance of any other municipal officer or any other errtpfoyee approved by the Disciplinary Authority/*Inquiry Officer*, but shall not engage a legal practitioner for the p11rpose unle.ss .the person nominated by the Disciplinary Authority . as aforesaid is a legal practitioner or@l~ss th~ Disciplinary Authority having regard to the circumstances of the case, so permits.
*Amended vide notification No.F.J 1 _(l 1)92-LSG/3.446 d~t~d J~.~-:92 ·-( 7) .
- ( 6) The Inquiring Authority shall in the course of the i1'quiry, consider such documentary evidence and take such oral evidence as may be relevant or material in regard to. the charges. The municipal officer or other municipal employee shall be entitled to cross-examine witnesses examined in support of the charges and to give evidence in person. The person presenting the case in support of the .charges shall be entitled to cross-examine the municipal officer or other municipal employee and the witnesses examined in his d~fence. lfthe Inquiring Authority declines to examine any witness on the ground that his evidence is not relevant or material; it shall record its reason in writing.
(7) At the conclusion of the inquiry, the Inquiring Authority shall prepare a report of the inquiry recording its finding on each of charges together with reason therefore. If in-the opinion of such authorityt the proceedings of inquiry establish charges different from those originally framed, it may record findings on such charges. ·
Provided that findings in such charges shall not be recorded · unless the municipal officer or other .municipal employee has admitted the facts constituting them or has had an opportunity of defending himself against them.
(s) ·. ·The record of the inquiry shall include:
' . .
: ,:_ (i) -the charges framed against the municipal officer :. : · ... · .. . · - or other municipal employee and the statement of . -~ -. · · : : ·, all~gations furnished to him under clause (2);
.- · -·-(ii) :· ·his writteh statement of defence, if any;
:· _ . ·(ii_i_)' :~~e_._p~(~y1d~nc~ in the course of the inquiry;
<iv> ·. the 4gc~~":tary ~yidence considered in the course . _ . ·.; of~ t~quicy; · · · . .
·- .. ' ... ,; . ' ' • . . . ' .
: .(v) the.:orders, if any, made by the Disciplinary . . . Authority and the Inquiring Authority in regard to the_ inquiry; and ..
(vi) a report setting out the findings on each charge and.
the reasons therefor.
(9) The .Disciplinary·Authority, shall, if it is not the Inquiring Authority, cons_ider the record of ix)quizy.and record its findings on eacJ} charge. . .
' ' ( I 0) If the Disciplinary Authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in regulation 6 should be imposed, it shall :- I ' • · ' \ ' • •
(a) furnish to the municipal officer ot other municipal · employee a copy of the report of the Inquiring Authority and, where the Discipl~nary Authority is not the Inquiring Authority, a statement ofits findings together with brief reasons for· disagreement, if any, with the findings of the Inquiring Authority; and
(b) give him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed action.
(l I) The Disciplil)ary Authority -shall .consider the representation, if any made by the muni~ipal 9ffi.c~r 9r.other municipal employee in. response to the notice under subregulation ( 10) and determi~e what penalcy, if apy, _s,i_o.ulq be imposed on the municipal officer· or ~tp.er ·:mun{cipal employee and pass appropriate orders ·on the _c~_e: . ·. . . :
. . . . ..
(12) Orders passed by the Disciplinary Authority shall be communicated to the m~icipal . officer or ot~~r municipal employee who shall also be supplied ~th a co_~~f the report of the Inquiring· Authority ~n4 ·wher~ the Disciplinary Authority is not . the Inquiring Authority, a statement of its findings together with brief ·reasons for disagreement, if any, with th~ findings of the Inquiririg Authority, unless they have already been supplied to him.
• • 8-A (I) No order imposing on a ~~cipal officer Q~ o~er municipal employee any of the pe~alties sp~ifie~ in clauses
(i) to (iii) of regulation 6 s_h~lf be ·made except after:- . . .. .
. ; . . . . .. ' · . . '' ••Added vide Notification No. F-2(25)/74-LSG·dated 17-- J·]:1914.
(9f .. . ' Special procedure in certain cases.
(a) informing the municipal o~cer _or the municiPal employee in writing·of the action proposed to be taken and of the ·ifup·utations forming the basis, thereof and . giving him a reasonable opportunity of showing cause against th~ proposed ·action;
(b) taking the representation, if any submitted by the municipal officer or the municipal employee under clause (a) and after holding such enquiry as may be considered necessary in the presence of that municipal officer or employee after notice to him or in his absence ifhe fails to attend;
, ( c) recording a finding on each imputation or negligence, misconduct or misbehaviour.
2. The record of proceedings in such. cases shall include:-
(i) copy of the intimation of Uie municipal officer or . ~mploye~ ~f the proposed action.
. . . . . . . ' ... _' . . . . . .. . . .
(ii) . c9py~·o.f $.e. _ siatem~nt of imputations negligence, _m.iscpl'ld.uct-or .misbehaviour forming basis of the . proposed action;
(iii) .representation, if any;
(iv) the notice issued and. evidence, if any produced · during the enquiry;
(v) the findings on each imputation of negligence, misconduct or misbehaviour; and ( vi) the orders on the case together with the reasons 1 ·therefore. · • N_otwithstanding anything contained it regulation 8 :- . : . •· . . . . . . . . . . . l . -:-: . }9 where *any penalty is imposed on• a mu01cipa officer or other municipal employee on ~he · ~o~tl ~ohduct which has led to his conviction ·::~~ -- ~a.~:.trimin~l charge; or · .. · _ __ •Amended vide notification .No,F.lL0.!)92 .. LS.G/3446 dated 16.4.92 . . . . .
· I 1 f.\ \
(ii) where the authority empowered to remove or dismiss an officer or other employee is satisfied for reasons to be recorded it writing that it is not reasonably practicable to follow the procedure prescribed in these regulations;· the Disciplinary A~ority may consider the circwnstances of the case .and pass such orders thereon as it deems fit.
10. No appeal shall be entertained unless is submitted · Period of within a period of three months from the date on which the limitation for appellant received a copy of the order appealed against :- appeals.
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period, ifit is satisfied that the appellant had sufficient cause for not submitting the appeal in time.
11. ( 1) Every person submitting an appeal shall do so Fonn and separately and in his own name. contents of
(2) The appeal shall be addressed to the authority appeals.
to whom the appeal lies, shall contain all material, statements and arguments on which the appellant-relies,. shall not contain any disrespectful or improper language and. shall be complete in itself. , . . _ . . . .
12. Every appeal shall be submitted 'to ·the· atithorify Submission of which made the order appealed ag~nst. · ·· · · -· .. ! ' · -~- ·· ,• '. · ap~s.
Provided that a copy of the appeal may be submitted direct to the appellate authority.- · · · ·. - · · · · ·: · ·. ·. · ·' · -· · ··: = · ,~ • · ·.
13. (I) The authority which m~de ·the 'or~er"appealed ,v\tMl~lding of against may with hold the appeal if:-· ·_ : .. .. ·: · · -~ · · appeals.
( i) it is an appeal against an oi-d~r from ·w~cli no ·appeal ' • • ' • I • lies; or . . .
(ii) it does not comply with any of the provision of regulation 11 ; or
(iii) it is not submitted within the period specified in regulation 1 O and no cause is ~h?wn for the delay;
or
(iv) . it is a repetition of an. appeal already.aecided -and no new facts or circumstances are adduced:
( 11 ) . : Provided that an appeal withheld on the ground onI that it doe~ not ~omply_ ~th _t_h~ provisions of regulation 1 i, shall be returne4 to the appellant and~ if re-submitted within fifteen days compliance with the said provisions, shall not wtthllelp..
· · .. ~. . . (2) Where rui appeal is withheld, the appellant . shall be informed of the fact and the reasons therefore.
(3) At the commencement of each quarter, a list of the appeals withheld by any authority during the previous quarter together with the reasons for withholding them shall be furnished by that authority to the appellate authority.
Transmission of 14. ( 1) The authority which made the order appealed appeals. against shall, without any avoidable delay, transmit to the Consideration of appeals.
appellate authority every appeal which is not ~thheld under regulation 13 together with its comments thereon and the relevant record.
. . . (2) Th~ authority to which the appeal lies may direct ~~i~s_io~_~J j(~~ a.ny _a~peal with held under regulation \3 . and __ ther~upo~: SlJCh ~ppeal shall be transmitted to that ~~th~pty_ tqg~fhet. with ·the comments of the authority withho~ding &~·appeal and the relevant records.
1_ ~-- In ·cclSi~·fai; ~ppeai against ari orde~ imposing any of the penalties spe~ified in tegulation 6, the appellate authority shal_l consider. :~ . . -- ( a) Whether the procedure prescribed in these · regulations has been complied with, and if n~t, -· whether such non-compliance has resulted in . violation of any provisions of the Act or in failure _ ofjustice;
.. (b) - Whether the findings are justified; and : . .- _. ( c) · Whether the penalty imposed is excessive, adequate · · ' · · · 0 :r: inadequate; and after consultation with ~e C · · "',;i'"" 1n . . - 0 :rnm_ission if such consultation is neces~;
. the-case,-. J?ass orders :- . . . . . - . (-12) ( i) setting aside, reducing, confirming or enhancing the penalty; or
(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case.
Provided that:
( i) the appellate authority shall not impose any enhanced penalty which.neither such a~thority nor the ·authority which made the order appealed against is competent in the case to impose;
(ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty.
**16.(1) Notwithstanding any other contained these regulations :- ( i) the Commissioner, in case the order proposed to be reviewed has been made by the Dy. Commissioner or other officer subordinate to him; · · · ·-· · ··
(ii) the Corporation in case the order proposed to be reviewed has been made by the Standing Committee;
(iii) the Central Govt. in.case order proposed to reviewed has been made by the Corporation; · · · "may either on his or its own motion or otherwise call for the record of proceedings/enquiry and review any order made under these regulations· from which an appeal is allowed but from which no appeal has been preferred or from which no appeal is allowed and may:-: ·. ·-.. 1' ~\ _•: .,_: · . . _.
. ..
(a) confirm, modify or set-aside the order;:Ori·. ·· .. ·, ~--· :_ •
(b) confirm, reduce, enhance ··or -set~aside the penalty imposed by the order, or impose ·any penalty where no penalty has ~en ~mposed; or. . . -. . . . . .. : · : · ._ . · ( c) remit the case to the authority which n1acle· the order or to any other authority directjng such .authority to make such further enquiry as it ma.y c_onsider.proper in the ~ircumstances of the case; 0~ . - ..
( d) pass such orders as it may deem fit. .
••Added vide Notification No. F-2(25)/74-LSG da~ed 17-12-1974.
( 13 ) A""6.&..&...£.,_,.&..t'~ '1.J.&.A.&.""''-"A ".&. ._..., • .._ . ............ ...,.•r- - •• • r • .._, ,,/ ...,._,, &&~ V '-''-it.11 c,J. vc:n !asonable opport'1llicy of making a representation clgainst tie proposed penalty and if it be proposed to impose any ienalty specified in clauses (iv) to (vii) of regulation 6 orto :nhance the penalty imposed by the order sought to be 'eviewed to any of the penalties specified in those clauses, 10 such penalty shall be imposed except after an enquiry in he manner laid down in regulation 8 and after giving a ~easonable opportunity to the municipal officer or municipal ~mployee concerned of showing cause against the pe~ty proposed on the evidence addµced during the enquiry.
(2) No proceedings for review shall be commenced until after:-
(i) the expiry of the period of limitation for an appeal, or
(ii) the disposal of the appeal where such appeal has :·· ,been -preferred.
: : ~---_ · .. (3) An applicat1~n for review shall be dealt within the i~¢ _ni~er._~-"if 1~ were ·on appeal under these re.gulation."
. . . -. . . :· . ; ... . .
· .. - :·*{4) ·Nq)=review shall be-entertained unless it is suomitted·with:1~-a period of six months from the date on whichthe:applicantteceived a copy of the order which is sou:ghtto be :+evie,v¢d · · . . · . ·-.. . . . .. . ·- . . . . .
. •· -· Provided.that the Reviewing Authority may entertain .
the.::review ·after-·expicy of the said period if it is satisfied that the applicant had sufficient cause for not submitting the review petition in time*.
-. -Vt ..._ (TO BE PUBLISHED IN PART-III OF DELHI GAZETfE) DELHI ADMINISTRATION, DELHI (LOCAL SELF GOVT. DEPARTMENT) Dated the 15-12-1 976 NOTIFICATION No. F. 2/25/74-LSG (Vol. II}-The following regulations made by the Municipal Corporation of Delhi under section 98 of the Delhi Municipal Corporation Act, 1957 vide Commissioner's decision No. 607 dated 20-5-75 in connection with amendments to the Delhi l\,lunicipal Corporation Service (Control & Appeal) Regulations, 1959 issued by the Govt. of India, Ministry of Home Affairs vide their Notification No. 40/17/58-Delhi dated the 3rd April, 1959 and published in the Govt. of India Gazette dated 3-4-1959, Part-III having been approved by the Lt. Governor in pursuance of the provisions of section 480 (2) of the Delhi Municipal Corporation Act, 195-7 read with the o ·ovt. of India, Ministry of Home Affairs, Notification No. 3/6/66-Delhi dated· 19-10-66 are hereby published as below:-
1. Short nt/e & Commencement :-These regulations may ·be called the Delhi Municipal Corporation Servict: .(Control & Appeal) (Amendment) Regulations, 1976.
2. lbey shall come into force from the date of their publication in the Official Gazette.
J. , Amendment of Regulations :-'- In the Delhi Municipal Corporation Service (Control & Appeal) Regulations, 1959 for the existing schedule appended to regulation 7 the schedule hereto annexed shall be substituted :- ;
SCHEDULE* (See Regulation 7) · .Description of posts · Authority competent to imJX?Se Penalty Penalties . Appellate Authority . .
1 2 3 4
PART'A' In cases where appointments are made under section 509.
All ·Municipal officers and other Corporation (i), (ii) & (iii) Central Government.
employees.
All Municipal officers and other CentralGovemment AD President of India.
employees.
----°' __, ,Description of posts I Posts under the Corporation (Other than those und:!r the Municipal Chief Auditor or the Municipal Secretary)
1. Category 'A' posts .
-do- I, • . .',•. i 1 ./ .
2. Category 'B' & ·C'·posts:
(i) Where appointmen~ ,of: the ' . ' officer or employee wa,s made by the erstwhile local ·bodies · of authorities specified in the second schedule of Act
(ii) Where the appointment was made by the Commissioner
(iii) Where the appointment was mady by Deputy Commissioner
PART'B' Authority competent.to 2 Corporation . · Deputy Commissioner Commissioner C,ommissioner Deputy Commissioner Any Municipal officer or employees to whom powers to impose penalty is delegated under section 491 of the Act.
Deputy Commissioner Any Municipal officer or employees to whom powers to impose penalty is delegated under section 491 of the Act.
Deputy Commissioner Any Municipal officer or employees to whom powers to impose penalty is delegated under section 491 of the Act.
Pena]ties impose Penalty 3 AD
(i), (ii) & (iii) All
(i), (ii) & (iii}
(i), (ii) & (iii) All
(i), (ii) & (iii)
(i), (ii) & (iii) All
(i), (ii) & (iii) Appellate Authority 4 Central Government.
Commissioner.
Standing Committee.
Commissioner.
De'puty Commissioner.
Standing Committee.
Commissioner.
Deputy Commissioner.
Commissioner.
Deputy Commissioner.
Description of posts I Posts under the Municipal Chief Audior:
I . Category 'A' posts -do- . ;
2. Category 'B' posts -do-: . ....
- J~ · Category 'C' posts ..J .,,. Posts under the Municipal Secretary:
I. Category 'A., posts . .
-do- .
. . 2. Category 'B' pos~ -do-
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' . . --- ~ *Amended vide notification No.F.2 (25)/74-LSQ (Volume-II) dated 15-12-76 Penalties 3 All
(i), (ii) & (iii) All
(i), (ii) & (iii) All All
(i), (ii) & (iii) All
(i), (ii) & (iii) All Appe I late Authority 4 Central Government.
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Central Government.
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By Order:
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