Delhi Municipal Corporation Act, 1957- Sections 3 to 15

Chapter 2

The Corporation

3. Establishment of the Corporation.

3. Establishment of the Corporation.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Corporation charged with the Municipal Government of Delhi, to be known as the Municipal Corporation of Delhi.

(2) The Corporation 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 by the said name sue and be sued.

[i][(3)(a) The Corporation shall be composed of the councillors;

(b) the following persons shall be represented in the Corporation, namely:—

(i) ten persons who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator:

Provided that the persons nominated under this sub-clause shall not have the right to vote in the meetings of the Corporation;

(ii) members of the House of the People representing constituencies which comprise wholly or partly the area of the Corporation and the members of the Council of States registered as electors within the area of the Corporation;

(iii) as nearly as possible one-fifth of the members of the Legislative Assembly of the National Capital Territory of Delhi representing constituencies which comprise wholly or partly the area of the Corporation to be nominated by the Speaker of that Legislative Assembly, by rotation, every year:

Provided that while nominating such members, by rotation, the Speaker shall ensure that as far as possible all the members are given an opportunity of being represented in the Corporation at least once during the duration of the Corporation;

(iv) the Chairpersons of the Committees, if any, constituted under Sections 39, 40 and 45, if they are not councillors.]

(4) Councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which Delhi shall be divided in accordance with the provisions of this Act; [*  *  *].[ii]

(5) The total number of councillors shall at the establishment of the Corporation be eighty:

Provided that twelve out of the eighty seats of councillors shall be reserved for the members of the Scheduled Castes.

[iii][(6) Upon the completion of each census after the establishment of the Corporation the number of seats shall be on the basis of the population of Delhi as ascertained at that census and shall be determined by the Central Government by notification in the Official Gazette and the number of seats to be reserved for the members of the Scheduled Castes shall, as nearly as may be, bear the same ratio to the total number of seats as the population of Scheduled Castes bears to the total population of Delhi:

Provided that the total number of seats shall in no case be more than one hundred and thirty-four or less than eighty:

Provided further that the determination of seats as aforesaid shall not affect the then composition of the Corporation until the expiry of the duration of the Corporation:

Provided also that for the first election to the Corporation to be held immediately after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993, the provisional population figures of Delhi as published in relation to 1991 census shall be deemed to be the population of Delhi as ascertained in that census:

Provided also that the seats reserved for the Scheduled Castes may be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct.]

[iv][(7) Seats shall be reserved for women belonging to the Scheduled Castes, from among the seats reserved for the Scheduled Castes, the number of such seats being determined by the Central Government by order published in the Official Gazette which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes.]

[v][(8) Seats shall be reserved for women, the number of such seats being determined by order published in the Official Gazette by the Central Government which shall not be less than the one-third of total number of seats other than those reserved for the Scheduled Castes:

Provided that such seats reserved for women shall be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct in this behalf.]

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

3-A. Division of Delhi into zones.

[vi][3-A. Division of Delhi into zones.—(1) Delhi shall be divided into the number of zones specified in column (1) of the Fourteenth Schedule and each zone shall be known by the name specified in column (2) of that Schedule and each zone shall extend to the areas comprised in the wards specified against that zone in column (3) of the said Schedule.

(2) The Central Government may, after consultation with the Government, from time to time by notification in the Official Gazette, alter the names, increase or diminish the area or any zone specified in column (3) of the Fourteenth Schedule.]

4. Duration of the Corporation.

[vii][4. Duration of the Corporation.—(1) The Corporation, unless sooner dissolved under Section 490, shall continue for five years from the date appointed for its first meeting and no longer.

(2) An election to constitute the Corporation shall be completed-

(i) before the expiry of its duration specified in sub-section (1);

(ii) before the expiration of a period of six months from the date of its dissolution :

Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.]

5. Delimitation of wards.

[viii][5. Delimitation of wards.—[ix][(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.]

(2) The Central Government shall, by order in the Official Gazette, determine,—

(a) the number of wards;

(b) the extent of each ward; [*  *  *][x]

(c) the wards in which seats shall be reserved for the Scheduled Castes;

[xi][(d) the wards in which seats shall be reserved for women; and

(e) the manner in which seats shall be rotated under sub-sections (6) and (8) of Section 3.]

5-A. Special provision as to delimitation, etc.

5-A. Special provision as to delimitation, etc.—[*  *  *][xii]

6. Power to alter or amend delimitation orders.

6. Power to alter or amend delimitation orders.—The Corporation, with the previous approval of the Central Government, may, from time to time by order in the Official Gazette, alter or amend any order made under Section 5.

7. Elections to the Corporation.

[xiii][7. Elections to the Corporation.—(1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the Corporation shall be vested in the Election Commission of the National Capital Territory of Delhi consisting of an Election Commissioner to be appointed by the Administrator.

(2) Subject to the provisions of any law made by the Legislative Assembly of the National Capital Territory of Delhi, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rules determine:

Provided that the Election Commissioner shall not be removed from office except in a like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Administrator shall, when so requested by the Election Commission make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred on the Election Commission by sub-section (1).]

7-A. Electoral roll for every ward.

7-A. Electoral roll for every ward.—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.

7-B. Electoral registration officers.

7-B. Electoral registration officers.—(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 [xiv][Election Commission may, in consultation with the Government,] designate or nominate in this behalf.

(2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the [xv][Election Commission may employ such persons as it thinks fit.]

7-C. Assistant Electoral registration officers.

7-C. Assistant Electoral registration officers.—(1) [xvi][The Election Commission] may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions.

(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.

7-D. Registration of electors.

7-D. Registration of electors.—The persons entitled to be registered as electors in the electoral roll of [xvii][an assembly 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 (43 of 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 [xviii][an assembly constituency].

Explanation.—In this section, in sub-section (1) of Section 7-E and in clause (ag) of sub-section (1) of Section 31, the expression [xix][an assembly constituency] has the meaning assigned to it under the Representation of the People Act, 1950 (43 of 1950).

7-E. Preparation and revision of electoral rolls.

7-E. Preparation and revision of electoral rolls.—(1) 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:

Provided that if the [xx][Election Commission] 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 [xxi][the assembly constituency] for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of [xxii][the assembly constituency] for the time being in 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 case may be under sub-section (1) shall—

(a) unless otherwise directed by the [xxiii][Election Commission], 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 [xxiv][Election Commission]:

Provided that if the 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 [xxv][Election Commission] 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 force until the completion of the special revision so directed.

Explanation.—In this section the expression “qualifying date” means such date as the [xxvi][Election Commission], may, by order, specify in this behalf.

7-F. Correction of entries in electoral roll.

7-F. Correction of entries in electoral roll.—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 ward—

(a) is erroneous or defective in any particular; or

(b) should be transposed to another place in the roll on 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 the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the [xxvii][Election Commission] 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.

7-G. Inclusion of names in electoral roll.

7-G. Inclusion of names in electoral roll.—(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.

(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 7-F 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.

7-H. Appeal.

7-H. Appeal.—An appeal shall lie within such time and in such manner as may be prescribed by rules to the [xxviii][Election Commission] from any order of the electoral registration officer under Section 7-F or Section 7-G.

7-I. Jurisdiction of civil courts barred.

7-I. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction—

(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 Election Commission.

8. Qualifications for councillorship.

8. Qualifications for councillorship.—A person shall not be qualified to be chosen as a councillor [xxix][unless he has attained the age of twenty-one years and his name] is registered as an elector in the electoral roll for a ward:

Provided that in the case of a seat reserved for the Scheduled Castes, a person shall not be so qualified unless he is also a member of any of the said castes:

[xxx][Provided further that in the case of a seat reserved for a woman, no person other than a woman shall be qualified to be chosen as a councillor.]

9. Disqualifications for membership of Corporation.

9. Disqualifications for membership of Corporation.—(1) A person shall be disqualified for being chosen as, and for being, a councillor [xxxi][*  *  *]—

(a) if he is of unsound mind and stands so declared by a competent court;

(b) if he is an undischarged insolvent;

(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

[xxxii][(d) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the National Capital Territory of Delhi;

(e) if he is so disqualified by or under any law made by the Legislative Assembly of the National Capital Territory of Delhi;]

(f) if he holds any office of profit under the Corporation;

(g) if he holds any office of profit under the State Government [xxxiii][for Central Government];

(h) if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;

(i) if he is interested in any subsisting contract made with, or any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a cooperative society;

(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of the municipal authorities is interested or concerned;

(k) if he, having held any office under the Government, the Corporation or any other authority, has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the [xxxiv][Election Commission];

(l) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.

(2) Notwithstanding anything contained in sub-section (1),—

(a) [*  *  *][xxxv];

(b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving—

(i) any pension; or

(ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor [*  *  *][xxxvi]; or

[xxxvii][(iii) any fee for attendance at meetings of any committee of the Corporation;

(c) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of that sub-section by reason only of his having a share or interest in—

(i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or

(ii) any agreement for the loan of money or any security for the payment of money only; or

(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or

(iv) the sale to the Corporation or to any municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or

(v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or

[xxxviii][(vi) any agreement or contract with the Corporation or any municipal authority for any goods or services which the Corporation may generally supply.]

(3) If a person sits or votes as a member of the Corporation 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.

10. Right to vote.

10. Right to vote.—(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward.

[xxxix][*   *   *]

11. General elections of councillors.

11. General elections of councillors.—(1) A general election of councillors shall be held for the purpose of constituting the Corporation under Section 3;

[xl](2) [*…*…*]

(3) For the aforesaid purposes the [xli][Election Commission] shall, by one or more notifications published in the Official Gazette, call upon all the wards to elect councillors in accordance with the provisions of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications:

Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes:

[xlii][Provided further that where in any ward a seat has been reserved for a woman, such notification or notifications shall specify that the person to fill that seat shall be a woman.]

12. Filling of casual vacancies in councillorship.

12. Filling of casual vacancies in councillorship.—(1) When a casual vacancy occurs in the office of a councillor the [xliii][Election Commission] shall, as soon as may be after the occurrence of such vacancy and subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification:

Provided that no election shall be held to fill a casual vacancy occurring within [xliv][six] months prior to the holding of a general election under Section 11.

(2) If the vacancy be a vacancy in a seat reserved for the Scheduled Castes the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to one of the Scheduled Castes.

[xlv][(3) If the vacancy be a vacancy in a seat reserved for women the notification issued under sub-section (1) shall specify that the person to fill that seat shall be a woman.]

13. Election of aldermen.

13. Election of aldermen.—[xlvi][*  *  *]

14. Publication of result of election.

[xlvii][14. Publication of result of election.—The names of all persons elected as councillors shall, as far as may be, after each election, be published by the Election Commission simultaneously in the Official Gazette.]

15. Election petitions.

15. Election petitions.—(1) No election of a councillor [xlviii][* * *] shall be called in question except by an election petition presented to the court of the district judge of Delhi within fifteen days from the date of the publication of the result of the election under Section 14.

[xlix][(2) An election petition calling in question any such election may be presented under any of the grounds specified in Section 17 by any candidate at such election, by any elector of the ward concerned or by any councillor.]

(3) A petitioner shall join as respondents to his petition all the candidates at the election.

(4) An election petition—

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings.

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