Delhi Municipal Corporation Act, 1957- Sections 16 to 40

16. Relief that may be claimed by the petitioner.

16. Relief that may be claimed by the petitioner.—(1) A petitioner may claim—

(a) a declaration that the election of all or any of the returned candidates is void; and

(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.

(2) The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under Section 14.

Other Contents of Delhi Municipal Corporation Act, 1957​
Sections 1 to 2	Sections 3 to 15
Sections 16 to 40	Sections 41 to 71
Sections 72 to 98	Sections 99 to 140
Sections 141 to 184	Sections 185 to 273
Sections 274 to 330	Sections 330-A to 349-A
Sections 350 to 393	Sections 394 to 429
Sections 430 to 478	Sections 479 to 516
Schedules 1 to 9	Schedules 10 to 11
Schedules 12 to 13	Schedules 14 to 15

17. Grounds for declaring elections to be void.

17. Grounds for declaring elections to be void.—(1) Subject to the provisions of sub-section (2) if the court of the district judge is of opinion—

(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor [*  *  *][i] under this Act, or

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or

(c) that any nomination paper has been improperly rejected; or

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected—

(i) by the improper acceptance of any nomination; or

(ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or

(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or

(iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder;

the court shall declare the election of the returned candidate to be void.

(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied—

(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;

(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election: and

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents;

then, the court may decide that the election of the returned candidate is not void.

18. Procedure to be followed by the district judge.

18. Procedure to be followed by the district judge.—The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the court of the district judge as far as it can be made applicable, in the trial and disposal of an election petition under this Act.

19. Decision of the district judge.

19. Decision of the district judge.—(1) At the conclusion of the trial of an election petition, the court of the district judge shall make an order—

(a) dismissing the election petition; or

(b) declaring the election of all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.

(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the court or the district judge is of opinion—

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes,

the court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

20. Procedure in case of equality of votes.

20. Procedure in case of equality of votes.—If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

21. Finality of decisions.

21. Finality of decisions.—(1) An order of the court of the district judge on an election petition shall be final and conclusive.

(2) An election of a councillor [ii][* * *] not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.

22. Corrupt practices.

22. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of this Act:—

(1) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951).

(2) Undue influence as defined in clause (2) of the said section.

(3) The systematic appeal by a candidate or his agent of or by any other person, to vote or refrain from voting on grounds of caste, race community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.

(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause.

Explanation.—In this clause the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(6) The holding of any meeting in which intoxicating liquors are served.

(7) The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof.

(8) Any other practice which the Central Government may by rules specify to be a corrupt practice.

23. Maintenance of secrecy of voting.

23. Maintenance of secrecy of voting.—(1) Every officer or clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

24. Officers, etc., at elections not to act for candidates or to influence voting.

24. Officers, etc., at elections not to act for candidates or to influence voting.—(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid shall endeavour—

(a) to persuade any person to give his vote at an election; or

(b) to dissuade any person from giving his vote at an election; or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

25. Prohibition of canvassing in or near polling station and of public meeting on election day.

25. Prohibition of canvassing in or near polling station and of public meeting on election day.—(1) No person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely:—

(a) canvassing for votes; or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any particular candidate; or

(d) persuading any elector not to vote at the election; or

(e) exhibiting any notice or sign (other than official notice) relating to the election.

(2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is taken for an election in that ward.

(3) Any person who contravenes the provisions of sub-section (1) or sub section (2) shall be punishable with fine which may extend to two hundred and fifty rupees.

(4) An offence punishable under this section shall be cognizable.

26. Penalty for disorderly conduct in or near polling station.

26. Penalty for disorderly conduct in or near polling station.—(1) No person shall, on the date or dates on which a poll is taken at any polling station—

(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such a megaphone or a loudspeaker; or

(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,

so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station.

(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such step and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

(5) An offence punishable under this section shall be cognizable.

27. Penalty for misconduct at the polling station.

27. Penalty for misconduct at the polling station.—(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

28. Breaches of official duty in connection with election.

28. Breaches of official duty in connection with election.—(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the election; and the expression “official duty” shall for the purposes of this section be construed accordingly.

29. Removal of ballot papers or ballot boxes or the voting machines] from polling station to be an offence.

29. Removal of ballot papers [iii][or ballot boxes or the voting machines] from polling station to be an offence.—(1) Any person who at an election fraudulently takes or attempts to take a ballot paper [iv][or a ballot box or voting machine or a part thereof] out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search [v][or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station] shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable.

29-A. Prohibition of going armed to or near a polling station.

[vi][29-A. Prohibition of going armed to or near a polling station.— (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighborhood of a polling station.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.

(3) Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have revoked under section 17 of that Act.

(4) An offence punishable under sub-section (2) shall be cognizable.

29-B. Offence of booth capturing.

29-B. Offence of booth capturing.—Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.

Explanation.—For the purpose of this section “booth capturing includes, among other things, all or any of the following activities, namely:—

(a) Seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers, used ballot box or boxes or voting machines use and doing of any other act which affect the orderly conduct of elections;

(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent other from free exercise of their right to vote;

(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;

(d) seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;

(e) doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

29-C. Liquor not to be sold, given or distributed on polling day.

29-C. Liquor not to be sold, given or distributed on polling day.—(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to two thousand rupees, or with both.

(3) Where a person, is convicted of an offence under this section, the spirituous, fermented or intoxication liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.

30. Other offences and penalties therefor.

30. Other offences and penalties therefor.—(1) A person shall be guilty of an electoral offence if at any election he—

(a) fraudulently defaces or destroys any nomination paper; or

(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or

(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an offence under this section shall—

(a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine, or with both;

(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

(5) No court shall take cognizance of any offence under Section 24, or under Section 28, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the [vii][Election Commission].

31. Power to make rules regulating the election of councillors and aldermen.

31. Power to make rules regulating the election of councillors and aldermen.—(1) The Central Government may make rules to provide for or regulate all or any of the following matters [viii][for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of councillors [ix][* * *] under this Act, namely:—

[x][(a) the particulars to be entered in the electoral rolls;

(aa) the 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;

(ae) the final publication of electoral rolls;

(af) 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 [xi][an assembly constituency] may be used;

(ah) the correction of electoral rolls on change of extent or boundaries of wards;]

(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;

(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to the Corporation;

(e) the withdrawal of candidatures;

(f) the appointment of agents of candidates;

(g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes [and women][xii];

(h) the date, time and place for poll and other matters relating to the conduct of elections including—

(i) the appointment of polling stations for each ward;

(ii) the hours during which the polling station shall be kept open for the casting of votes;

(iii) the printing and issue of ballot papers;

(iv) the checking of voters by reference to the electoral roll;

(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters;

(vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability;

(vii) the procedure to be followed in respect of challenged votes and tendered votes;

(viii) the scrutiny of votes, counting of votes, the declaration of results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward;

(ix) the custody and disposal of papers relating to elections;

(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;

(xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count;

(xii) the countermanding of the poll in the case of the death of a candidate before the poll;

[xiii][(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition];

(i) [xiv][*  *  *];

(j) the fee to be paid on an election petition;

(k) any other matter [xv][relating to electoral rolls or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government necessary.

(2) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

32. Oath or affirmation.

[xvi][32. Oath or affirmation.—(1) Every councillor and every person nominated under sub-clause (i) of clause (b) of sub-section (3) of Section 3, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely:—

“I, A.B. having been elected as a councilor of / nominated under sub-clause (i) of clause (b) of sub-section (3) of the Municipal 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 I will faithfully discharge the duty upon which I am about to enter.”

(2) If a person sits or votes as a councillor or sits as a representative 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.]

32-A. Declaration of assets.

[xvii][32-A. Declaration of assets.—(1) Every councillor shall not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of Section 32 and before the last day of the same month in each succeeding year, file with the Mayor a declaration in such form as may be prescribed by rules by the Central Government of all the assets owned by him and members of his family and such declaration shall form part of the records of the Corporation.

Explanation.—For the purposes of this sub-section “family” means the spouse and dependant children of the councillor.

(2) A person shall be disqualified for being a councillor—

(a) if he fails to file a declaration referred to in sub-section (1); or

(b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false.

32-B. Vacation of seats in case of multiple membership.

32-B. Vacation of seats in case of multiple membership.—No councillor shall be a member both of the Corporation and Parliament or the Legislative Assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette, whichever is later that he has been so chosen, that person's seat in Parliament or the Legislative Assembly shall become vacant unless he has previously resigned his seat in the Corporation.]

33. Vacation of seat.

33. Vacation of seat.—(1) If a councillor [*  *  *][xviii]

(a) becomes subject to any of the disqualifications mentioned in [xix][Section 9 or sub-section (2) of Section 32-A] or

(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, his seat shall thereupon become vacant.

(2) If during three successive months, a councillor [* * *][xx]is, without permission of the Corporation, absent from all the meetings thereof, the Corporation may declare his seat vacant.

[xxi][(3) If any question arises as to whether a councillor has become subject to any of the disqualifications mentioned in Section 9 or sub-section (2) of Section 32-A, the question shall be referred for the decision of the Administrator and his decision shall be final.]

[xxii][(4) Before giving any decision or any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.]

33-A. Powers of Election Commission.

[xxiii][33-A. Powers of Election Commission.—(1) Where in connection with the tendering of any opinion to the Administrator under sub-section (4) of Section 33, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document or other material object producible as evidence;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or a copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents.

(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.

(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973.

(3) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of Section 193 and Section 228 of the Indian Penal Code (45 of 1860).

33-B. Statements made by persons to the Election Commission.

33-B. Statements made by persons to the Election Commission.—No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:

Provided that the statement—

(a) is made in reply to a question which he is required by the Commission to answer; or

(b) is relevant to the subject-matter of the inquiry.

33-C. Procedure to be followed by the Election Commission.

33-C. Procedure to be followed by the Election Commission.—The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).

33-D. Protection of action taken in good faith.

33-D. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of Sections 33-A to 33-C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under authority of the Commission of any such opinion, paper or proceedings.]

34. Payment of allowances to councillors and aldermen.

34. Payment of allowances to councillors and aldermen.—[xxiv][The councillors and the persons referred to in clause (b) of sub-section (3) of Section 3] shall be entitled to receive allowances for attendance at meetings of the Corporation and of any of its committees at such rates as may be determined by rules made in this behalf.

35. Annual election of Mayor and Deputy Mayor.

35. Annual election of Mayor and Deputy Mayor.—(1) The Corporation shall at its first meeting in each year elect one of [xxv][the Chairperson to be known as] the Mayor and another member to be the Deputy Mayor of the Corporation:

[xxvi][Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first year of the Corporation and in favour of a member belonging to a Scheduled Caste for the third year of the Corporation.]

(2) On the occurrence of any vacancy in the office of the Mayor or the Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Deputy Mayor, as the case may be.

[xxvii][(3) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for Scheduled Castes, the vacancy shall be filled by electing one of the councillors from amongst women or a member of the Scheduled Castes as the case may be.]

36. Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor.

36. Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor.—(1) The Mayor or the Deputy Mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as Mayor or Deputy Mayor [xxviii][*  *  *] or unless in the case of the Deputy Mayor he is elected as Mayor.

(2) The Mayor or the Deputy Mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf.

(3) The Mayor shall have full access to all the records of the Corporation and may obtain reports from the [xxix][*  *  *] Commissioner on any matter connected with the municipal government of Delhi;

(b)[*  *  *][xxx]

37. Discharge of functions of the Mayor by the Deputy Mayor.

37. Discharge of functions of the Mayor by the Deputy Mayor.—(1) When the office of the Mayor is vacant, the Deputy Mayor shall act as Mayor until a new Mayor is elected.

(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.

(3) The Mayor may by order in writing delegate any of his powers, duties and functions to the Deputy Mayor.

38. Resignation of Mayor and Deputy Mayor.

38. Resignation of Mayor and Deputy Mayor.—(1) The Mayor may, by writing under his hand addressed to the Deputy Mayor and delivered to the [xxxi][Municipal Secretary,] resign his office.

(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the [xxxii][Municipal Secretary,] resign his office.

(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.

39. Rural Areas Committee and Education Committee.

39. Rural Areas Committee and Education Committee.—(1) In addition to the Standing Committee [xxxiii][and the Wards Committee] referred to in Section 44, there shall be a Rural Areas Committee and an Education Committee of the Corporation.

(2) The Rural Areas Committee shall consist of all the councillors elected from the wards situated within the rural areas.

(3) It shall be the duty of the Rural Areas Committee—

(a) to make recommendations to the Corporation—

(i) in relation to the functions of the Corporation which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas;

(ii) in relation to taxes which the Corporation proposes to levy in the rural areas; and

(iii) generally in relation to the expenditure that may be incurred by the Corporation for the municipal government in those areas;

(b) to review the progress of work of the Corporation in the rural areas;

(c) to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies;

(d) to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by the Corporation or by regulations made under this Act.

(4) The Corporation or any of the municipal authorities specified in Section 44 shall not take any action, in relation to any of the matters specified in sub-clauses (i), (ii) and (iii) of clause (a) of sub-section (3) except in consultation with the Rural Areas Committee.

(5) The Education Committee shall consist of seven members of whom such number not exceeding three as may be determined by the Corporation, shall be nominated by the Corporation, from among experts in education who are not members of the Corporation and the rest shall be elected by the members of the Corporation from among themselves at the first meeting of the Corporation after each general election or as soon as possible at any other meeting subsequent thereto.

(6) The Education Committee shall exercise and perform such powers, duties and functions in relation to education in Delhi as may be determined by regulations made in this behalf.

(7) The Rural Areas Committee as well as the Education Committee shall at its first meeting in each year elect one of its members [xxxiv][who is a councillor to be the Chairman and another member to be the Deputy Chairman.]

40. Special and ad hoc committees and ward committees, etc.

40. Special and ad hoc committees and ward committees, etc.—(1) The Corporation may constitute as many special and ad hoc committees as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.

(2) Any such committee shall consist of members of the Corporation only:

Provided that an ad hoc committee may with the sanction of the Corporation co-opt not more than three persons who are not members of the Corporation but who in the opinion of the Corporation possess special qualifications for serving on such committee.

(3) [xxxv][* * *].

(4) [xxxvi][* * *].

(5) [xxxvii][* * *].

(6) Each committee constituted under this section shall elect one of its members [xxxviii][who is a councillor] as the Chairman and another member as the Vice-Chairman.

(7) Any matter relating to each of the committees constituted under Section 39 or this section, not expressly provided in this Act may be provided by regulations made in this behalf.

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