REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 82] NEW DELHI, FRIDAY, DECEMBER 20, 1974/AGRAHAYANA 29, 1896 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 20th December, 1974/.Agrahayana 29, 1896 (Saka) The following Act of Parliament received the assent of the President on the 20th December, 1974, and is hereby published for general information : — THE DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1974 No. 55 OF 1974 [20th. December, 1974] An Act further to amend the Delhi Municipal Corporation Act, 1957.
BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows: —
1. (1) This Act may be called the Delhi Municipal Corporation (Amendment) Act, 1974, Short title and commencement.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.66 of 1957.
2. In section 2 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the principal Act), after clause (14), the following clause shall be inserted, namely: — Amendment of section
2.'(14A) "Director of Municipal Elections" means an officer authorised by the Central Government to exercise the powers and perform the duties of the Director of Municipal Elections under this Act;'.
3. In section 3 of the principal Act, in sub-section (6), in the opening paragraph, the words "on a scale of one councillor for not more than twenty thousand of the population" shall be omitted, Amendment of section
3.
(791) 792 THE GAZETTE OF INDIA EXTRAORDINARY [TAUT I I -
4. In section 5 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: — Amendment of section 8. "(1) For the purposes of election of councillors, Delhi shall be divided into single-member wards in such manner that the population of each of the wards shall, so far as practicable, be the same throughout Delhi.".
5. For section 7 of the principal Act, the following sections shall be substituted, namely:— Substitution of new sections for section?.
'7. Subject to the superintendence, direction and control of the Central Government, the Director of Municipal Elections shall supervise the preparation, revision and correction of all electoral rolls and the conduct of elections, in the wards, General duties of Director of Municipal Electtann.
7A. For every ward there shall be an electoral roll which shall be prepared In accordance with the provisions of this Act and the rules, made thereunder.
E M - toral roll tat •very WW(J,
7B. (1) The electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of Government or the Corporation as the Central Government may designate or nominate In this behalf, Electoral registration offlcen,
(2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the Director of Municipal Elections may employ such persons as he thinks fit.
7C. (1) The Central Government may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions.
Assistant electoral registration officers. (2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.
7D. The persons entitled to be registered as electors in the electoral roll of a parliamentary constituency in Delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950, shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of a parliamentary constituency.
Registration of electors.
43 of 1950.
Explanation.—In this section, in sub-section (1) of section 7E and in clause (ctg) of sub-section (1) of section 31, the expression "parliamentary constituency" has the meaning assigned to it under ,t>ip "Representation of the People Act, 1950. 43 of 1950.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 793
7E. (I) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:
Frepara* tlon and revision of electoral rolls.
Provided that if the Central Government is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of the parliamentary constituency for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct thqt the electoral roll of the parliamentary constituency for the time being force as relates to the ward shall, subject to any rules made for the purpose, be the electoral roll of the ward for the general election.
(2) The electoral roll prepared or adopted, as the cade may be, under sub-section (1) shall—
(a) unless otherwise directed by the Central Government, for reasons to be recorded in writing, be revised in the manner prescribed by rules by reference to the qualifying date before each bye-election to fill a casual vacancy in a seat allotted to the ward; and
(b) be revised in any year in the manner prescribed by rules by reference to the qualifying date if such revision has been directed by the Central Government:
Provided that if th,e electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected,
(3) Notwithstanding anything contained In sub-section (2), the Central Government may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any ward or part of a ward in such manner as it may think fit:
Provided that the electoral roll for the ward as in force at the time of the issue of any such direction shall continue to be in foroe until the completion of the special revision so directed.
Explanation.—In this section, the expression "qualifying date" means such date as the Central Government may, by order, specify in this behalf.
7F. If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any w a r d - Correction of entries In electoral roll.
(a) is erroneous or defective in any particular; or
(b) should be transposed to another place in the roll oft the ground that the person concerned has changed his place of ordinary residence within such ward; Or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that roll, 7 9 4 THE GAZETTE OF INDIA EXTRAORDINARY LPAR* it— the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the Director of Municipal Elections in this behalf, amend, transpose or delete the entry:
Provided that before taking any action on the ground specified in clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident within such ward or that he is otherwise not entitled to be registered in the electoral roll of such ward, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.
7G, (1) Any person whose name is not included in the electoral roll of a ward may apply to the electoral registration officer for the inclusion of his name in that roll.
Inclusion of names in electoral roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that officer shall, on receipt of the information, strike off the applicant's name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made under section 7F and no direction for the inclusion of a name in the electoral roll of a ward shall be given under this section after the last date for making nominations for an election in that ward and before the completion of that election.
7H. An appeal shall lie within such time and in such manner as may be prescribed by rules to the Director of Municipal Elections, from any order of the electoral registration officer under section 7F or section 7G.
Appeal.
71. No civil court shall have jurisdiction—Jurisdiction of civil courts barred.
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or
(b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the Director of Municipal Elections.'.
6. In sub-section (3) of section 11, sub-section (1) of section 12, section 14, sub-section (5) of section 30 and sub-section (3) of section 33 of the principal Act, for the word "Commissioner", the words "Director of Municipal Elections" shall be substituted.
Amendment of sections 11,12,14, 30 and
33.
7. In section 31 of the principal Act, in sub-section (1),—Amendment of section
31.
(1) In the opening paragraph, for the words "for the purpose of holding elections", the words "for the purpose of preparation, revi>- sion, and maintenance of electoral rolls of wards and holding elections" shall be substituted;
SWS. 1] THE GAZETTE Off INDIA EXTRAORDINARY 70$ {ii) for clause (a), the following clauses shall be substituted, namely: — " (a) the particulars to be entered in the electoral rolls;
(aa) tht preliminary publication of electoral rolls;
{ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
(ad) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
(ftc) the final publication of electoral rolls;
(a/) the revision and correction of electoral rolls and inclusion of names therein;
(ag) the manner in which and the purpose for which the electoral roll of a parliamentary constituency may be used;
(ah) the correction of electoral rolls on change of extent or boundaries of wards;";
(in) in clause (k), for the words "relating to elections", the words "relating to electoral rolls or elections" shall be substituted.
8. In section 90 of the principal Act,— Amendment of section
90.
(a) for sub-section (2), the following sub-section shall be substituted, namely: — "(2) Of the two schedules referred to in sub-section (I), the first schedule shall deal with category A -posts and the second schedule with category B and category C posts.";
(b) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely: — "(5) The appropriate authority may create for a'period not excelling ,six months any category C post:
Provided that no such post.shall be continued beyond the said period without the previous approval of the Committee concerned.
(fi)' The Committee concerned may, on the recommendation of the appropriate authority, create for a period, not exceeding six months any category A or category B post:
Provided that no such post shall be continued beyond the said period without the previous approval of the Corporation.";,
(c) after subjection (7), the following sub-section shall be inserted, namely: — '(8) In this section and in section 92—
(1) "category A post" means any post with a minimum monthly salary (exclusive of allowances) of not less than jg6 THfi GAZETTE OP :INf)IA EXTRAORDINARY tpAivi It— seven hundred rupees and includes any other post which the Central Government may, having regard to the nature of the duties attached thereto, by order, declare to be a category A post:
Provided that no such declaration shall be made except after consultation with the Union Public Service Commission (hereafter in this Chapter referred to as "the Commission");
{ii) "category B post'' means any post, not being a category A post, the monthly minimum salary of which (exclusive of allowances) is five hundred and fifty rupees or more and includes any other post which the Central Government may, having regard to the nature of the duties attached thereto, by order, declare to be a category B post;
(Hi) "category C post" means any post, other than a category A or category B post.'.
9. In section 92 of the principal Act, in sub-section (1),—Amendment of section
92. (a) in clause (a), for the opening paragraph, the following shall be substituted, namely: — *"to category A posts, shall vest—";
(b) for clause (b), the following clause shall be substituted, namely:—• "(b) to category B and category C posts, shall vest in the General Manager (Electricity) or the Commissioner, as the case may be:
Provided that the power of appointing officers and other ernployees immediately subordinate to the Municipal Secretary Or the Municipal Chief Auditor to category B posts or category C posts shall vest in the Standing Committee:
Provided further that the Standing Committee may delegate to the Municipal Secretary or the Municipal Chief Auditor the power of appointing officers and other employees immediately subordinate to the said Secretary or Auditor to category C posts.".
10. tn section 96 of the principal Act,—Amendment of section
06.
(a) in the opening paragraph, for the words and brackets 'or to any post carrying a minimum monthly salary of three hundred and fifty rupees or more (exclusive of allowance) shall be made except after consultation with the Union Public Service Commission (hereafter in this Chapter referred to as "the Commission")', the words, letter, brackets and figures "or to any category A post within SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 797 the meaning of clause (i) of sub-section (8) of section 90 shall be made except after consultation with the Commission" shall be substituted;
(b) in the proviso, in clause (d), the word "or" shall be inserted at the end and after that clause, the following clause shall be inserted, namely: — "(e) to such other posts, as may, from time to time, be specified by the Central Government in consultation with the Commission.".
H. In section 479 of the principal Act, in sub-section (2). for the ^ ^ " ^ words "or in two successive sessions and if before the expiry of the S6cti0n session in which it is so laid or the session immediately following", the 479.
words "or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessiqnjs aforesaid" shall be substituted.
K. K. SUNDARAM, gecy. to the Govt. of India, PRINTED BY THE MANAGER. GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DFLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1974