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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 50] NEW DELHI, THURSDAY, NOVEMBER 18, 1965/KARTIKA 27, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 18th November, 1965:—

BILL NO. 72 OF 1965

A bill to provide for the administration of the Union territory of

Delhi and for matters connected therewith.

BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: —

PART I

PRELIMINARY

5 1. (i) This Act may be called the Delhi Administration Act, 1965.

(2) It shall collie into force on such date as the Central Govern-

Short title and com- mence- ment.

ment may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to io the commencement of this Act shall be construed as a reference to the coming into force of that provision.

(1093)

686 G of I—1.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) "Administrator" means the Administrator of Delhi appointed by the President under article 239;

(b) "article" means an article of the Constitution;

(c) "constituency" means a constituency provided by order 5 made under section 4 for the purpose of elections to the Metro- politan Council;

(d) "Delhi" means the Union territory of Delhi;

(e) "Election Commission" means the Election Commission appointed by the President under article 324;

i°

(f) "member" means a member of the Metropolitan Council; ,

.

(g) "Metropolitan Council" means the Metropolitan Council of Delhi constituted under section 3;

(h) "New Delhi" means such area in Delhi as the Central 15 Government may, by notification in the Official Gazette, specify;

(i) "Official Gazette" means the Official Gazette of Delhi;

(j) "scheduled castes" means any of the scheduled castes specified in Part I of the Schedule to the Constitution (Sche- duled Castes) (Union Territories) Order, 1951. 20

PART II

METROPOLITAN COUNCIL

3, (1) There shall be a Metropolitan Council for Delhi.

Constitu- tion of Metro- politan Council.

(2) The total number of seats in the Metropolitan Council to be filled by persons chosen by direct election from territorial consti- 25 tuencies shall be forty-two.

(3) The Central Government may nominate not more than five persons, not being persons in the service of Government, to be members of the Metropolitan Council.

(4) Seats shall be reserved for the scheduled cwtes in the Metro- go politan Council and the number of such seats shall bear, as nearly us may be, the same proportion to the total number of seats in the Metropolitan Council as the population of the scheduled castes in Delhi bears to the total population of Delhi:

Provided that the reservation of seats for the scheduled castes ,_ in the Metropolitan Council shall cease to have effect on the same

date on which the reservation of seats for the scheduled caates In the House of the People shall cease to have effect under article 334, but such cesser shall not affect any representation of the scheduled castes in the Metropolitan Council until the dissolution of the then ^ existing Metropolitan Council.

(5) For the purposes of this section and section 4, the expression "population" means the population as ascertained at the last pre- ceding census of which the relevant figures have been published.

Delimita- tion at constituen- cies.

4. (7) For the purpose of elections to the Metropolitan Council, ¹⁰ Delhi shall be divided into single-member constituencies in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout Delhi.

(2) For the purpose of giving effect to the provisions of sub- section (1), the Election Commission shall determine in the manner I5> hereinafter provided—

(a) the constituencies into which Delhi shall be divided and the extent of each of such constituencies;

(b) the number of seats to be reserved for the scheduled castes in the Metropolitan Council having regard to the provi- 20 sions of sub-section (4) of section 3 and the constituencies in which these seats shall be so reserved.

(3) For the purpose of assisting the Election Commission in tke performance of its functions under sub-section (2), the Commission -h nil associate with itself such three persons, being persons who are 25 members of the Interim Metropolitan Council, as the Central Government shall by order specify:

Provided thpt none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.

(4) The Election Commission shall—

30 (a) publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette together with a notice specifying trie date on or after which the proposals will be fur- ther considered by it;

(b) consider all objections and suggestions which may 35 have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place AS it thinks fit;

(c) make an order delimiting the constituencies specifying therein the constituencies in which seats shall be reserved for 40 the scheduled castes; and

(d) send an authenticated copy of the order to the Central

Government.

(5) An order made by the Election Commission under this sec-

tion shall not be called in question in any court.

5. The Election Commission may, from time to time, by notiflca- 5 Power to rectify printing mistakes, etc.

tion in the Official Gazette, correct any printing mistake in any order made under section 4 or any error arising therein from an inadvertent slip or omission.

6. A person shall not be qualified to be chosen to fill a seat In

I0 the Metropolitan Council unless he—

Qualifica- tion for member- ship,

(a) is an elector for any constituency and makes and subs- cribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Schedule;

(b) is not less than twenty-five years of age; and l$

(c) in the case of a constituency reserved for the scheduled

castes, is also a member of any of those castes.

Electors and elec- toral rolls

43 of 1950.

7. (1) The persons entitled to vote at election of members shall be the persons entitled, by virtue of the provisions of the Constitu- tion and the Representation of the People Act, 1950, to be registered 2° as voters at elections to the House of the People.

(2) So much of the electoral roll for any Parliamentary consti- tuency for the time being in force as relates to the areas comprised within a constituency formed under section 4 shall be deemed to be the electoral roll for that constituency for the purposes of this Act. 25

Eight to vote.

8. Every person whose name is, for the time being, entered in the electoral roll of a constituency shall be entitled to vote at the election of a member from that constituency.

43 at Election to Metro- politan Council.

9. The provisions of Part I and Parts III to XI of the Representa- tion of the People Act, 1951 and of any rules and orders made 3° thereunder, for the time being in force, shall apply in relation to an election to the Metropolitan Council, as they apply in relation to an election to the Legislative Assembly of a State, subject to such modifications as the Central Government may, after consultation with the Election Commission, by order direct. 35

Duration of Metro- politan Council.

10. The Metropolitan Council, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Metropolitan Council:

5 Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

io 1J. (1) The Administrator shall, from time to time, summon the Metropolitan Council to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for! its first sitting in the next session.

Sessions of Metro- politan Council, proroga- tion a nd dissolu- tion.

15 (2) The Administrator may, from time to time,—

(a) prorogue the Metropolitan Council;

(b) with the approval of the President, dissolve the Metro- politan Council.

The Chair- man, 12. (1) The Metropolitan Council shall, as soon as may be, choose ao a member to be Chairman thereof and, s0 often as the office of Chairman becomes vacant, the Metropolitan Council shall choose another member to be the Chairman.

(2) A member holding office as Chairman—

(a) shall vacate his office if he ceases to be such a member;

25 (b) may at any time by writing under his hand addressed to the Administrator resign his office;

(c) may be removed from his office by a resolution passed by a majority of all the then members of the Metropolitan Council:

30 Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

Provided further that whenever the Metropolitan Council is dissolved, the Chairman shall not vacate his office until immedi- 3; ately before the first meeting of the Metropolitan Council after the dissolution.

(3) While the office of Chairman is vacant, the duties of the office shall be performed by such member as the Administrator may appoint for the purpose,

—. (4) During the absence of the Chairman from any sitting of the Metropolitan Council, such person as may be determined by the rules of procedure of the Metropolitan Council, or, if no such person is present, such other person as may be determined by the Metropoli- tan Council, shall act as Chairman.

5

(5) The Chairman shall be a whole-time functionary and shall be entitled to such salary and allowances as the President may, by order, determine.

\ 13. (1) At any sitting of the Metropolitan Council, while any resolution for the removal of the Chairman from his office is under io consideration, the Chairman shall not, though he is present, preside and the provisions of sub-section (4) of section 12 shall apply in re- lation to every such sitting as they apply in relation to a sitting from which the Chairman is absent.

Chairman

not to

preside

while a

resolution

for his

removal

from, office

is under

considera-

tion.

(2) The Chairman shall have a right to speak in, and otherwise 15 to take part in the proceedings of, the Metropolitan Council while any resolution for his removal from office is under consideration and shall, notwithstanding anything in section 16, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings, but not in the case of an equality of votes. 20

14. The Administrator may attend and address any meeting of the Metropolitan Council.

1

Right of Adminis- trator to Utrend and address meetings of Metro- politan Council. Oath or affirmation by mem- bers, i;

15. (I) Every member shall, before taking' his seat, make and subscribe before the Administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out 25 for the purpose in the Schedule.

(2) If a person sits or votes as a member before he has complied with the requirement of sub-section (1), or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

Voting

Metro-

politan

Council,

16. (2) Save as otherwise provided in this Act, all questions at any sitting of the Metropolitan Council shall be determined by a majority of votes of the members present and voting other than the Chairman or person acting as such.

(2) The Chairman or person acting as such shall not vote in the first Instance, but shall have and exercise a casting vote In the case of an equality of votes.

(3) The Metropolitan Council shall have power to act notwith- ' ' standing any vacancy in the membership thereof, and any proceedings in the Metropolitan Council shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.

(4) The quorum to constitute a meeting of the Metropolitan ¹⁰ Council shall be fifteen.

(5) If at any time during a meeting of the Metropolitan Council there is no quorum, it shall be the duty of the Chairman, or person acting as such, either to adjourn the Metropolitan Council or to sus- pend the meeting until there is quorum.

15 17, (1) No person shall be a member—

Vacation of seats.

(a) both of Parliament and of the Metropolitan Council, or

(b) both of the Metropolitan Council and of the Delhi Muni- cipal Corporation,

and if a person is so chosen, then at the expiration of fourteen days 20 from the date of publication in the Gazette of India or in the Official Gazette, whichever is later that he has been so chosen,—

(i) in a case referred to in clause (a), that person's seat in Parliament shall become vacant unless he has previously resigned his seat in the Metropolitan Council, and

2- (ii) in a case referred to in clause/ (b), that person's seat in the Metropolitan Council shall become vacant unless he has previously resigned his seat in the Delhi Municipal Corporation.

(2) If a member—

(a) 'becomes subject to any disqualification mentioned in sub-section (i) of section 18, or

(b) resigns his seat by writing under his hand addressed to the Chairman,

hia seat shall thereupon become vacant.

(3) If during a period of six successive months, a member is, with- out permission of the Metropolitan Council, absent from all meetings 35 thereof, the Metropolitan Council may declare his seat vacant.

Disqua- lifications tor mem- bership.

18. (2) A person shall be disqualified for being chosen as, and for being, a member of the Metropolitan Council if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under any of the provisions of article 102 or of any law made in pursuance of that article. 5

(2) For the purposes o± this section, a person shall not be deemed to hold an office of profit by reason only that he is a member of the Executive Council.

(3) If any question arises as to whether a member has become disqualified for being such a member under the provisions of sub- i° section (1), the question shall be referred for the decision of the President and his decision shall be final.

(4) Before giving any decision on any such question, the Presi- dent shall obtain the opinion of the Election Commission and shall act according to such opinion.

15

Powers, privilege*,

19. (1) Subject to the provisions of this Act and to the rules and Btanding orders regulating the procedure of the Metropolitan Council, there shall be freedom of speech in the Metropolitan Council.

etc., at m"mberfl.

(2) No member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Metropo- 20 litan Council or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Metropolitan Council of any report, paper, votes or proceedings.

20. Members shall be entitled to receive such salaries end allow- ances as the President may, by order, determine. 25 Salaries and allow- ances vl m"nb"ri.

21. (1) Subject to the provisions of this Act, the Metropolitan Council shall have the right to discuss, and make recommendations with respect to, the following matters in so far as they relate to Delhi, namely; —

Junc- tion! of M"rtro- poiltan Counoll.

(a) proposals for undertaking legislation with respect to any g0 of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution in so far as any such matter is applicable in relation to Union territories (here- after referred to as the State List and the Concurrent List);

(b) proposals for extension to Delhi of any enactment in force in a State relatable to any matter enumerated in the State List or the Concurrent List;

(c) proposals for legislation referred to it by the Adminis- trator with respect to any of the matters enumerated in the State List or the Concurrent List; '

(d) the estimated receipts and expenditure pertaining to 5 Delhi which are to be credited to, or is to be met from, the Con- solidated Fund of India;

(e) matters of administration involving general policy and schemes of development in so far as they relate to matters enu- merated in the State List or the Concurrent List;

¹⁰ (f) any other matter referred to it by the Administrator.

(2) The recommendations of the Metropolitan Council, after hav- ing been duly considered by the Executive Council, shall, wherever necessary, be forwarded by the Administrator to the Central Government with the views, if any, expressed thereon by the Exe- X5 cutive Council.

Right of members to ask questions.

22. Subject to the rules regulating the procedure of the Metropo- litan Council, a member shall havo the right to ask questions on any matter in so far as it falls within the purview of the Metropolitan Council under sub-section (i) of section 21.

Rules of procedure.

20 23. (1) The Metropolitan Council may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business:

Provided that the Administrator shall, with the approval of the President, make rules for prohibiting the discussion of, or regulating 25 the asking of questions on, any matter which affects the discharge of his functions in so far as ho is required by or under this Act to act In his discretion, or by or under any law to exercise judicial or quasi- judicial functions and, if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan 30 Council, the rule made by the Administrator shall prevail.

(2) Until rules are made under sub-section (7), the procedure and conduct of business of the Metropolitan Council shall be regu- lated by such rules as the Administrator may make in this behalf.

24. The business in the Metropolitan Council shall be transacted 35 in Hindi or in English:

Language to be uaed in Metro- politan Council, Provided that the Chairman of the Metropolitan Council or person acting as such, as the case may be, may permit any member who can- not adequately express himself in either of the languages aforesaid to address the Council in his mother-tongue.

68fl G. of 1. Ex.—2.

25. No discussion shall take place in the Metropolitan Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

n-

ReBtric- tion on dis- cussion in Metropo- Ilten Coun cil.

26. (1) The validity of any proceedings in the Metropolitan Coun- cil shall not be called in question on the ground of any alleged irre- * gularity of procedure.(

Counts not to inquire into pro- ceedings of Metro- politan Council,

(2) No officer or member of the Metropolitan Council in whom powers are vested by or under this Act for regulating procedure or the conduct of (business, or for maintaining order in the Council shall be subject to the jurisdiction of any court in respect of the exercise IO by him of those powers.

PART III

THE ADMINISTRATOR'S EXECUTIVE COUNCIL

Executive Council.

27. (I) There shall bo an Executive Council, consisting of not more than four members, to assist and advise the Administrator in 15 the exercise of his functions in relation to matters enumerated in the State List or the Concurrent List, except in so far as he is required by or under this Act to exercise his functions or any of them in his discretion or by or under any law to exercise any judicial or quasi- judicial functions:

20

Provided that, in .case of difference of opinion between the Admi- nistrator and the members of the Executive Council on any matter, other than a matter in respect of which he is required by or under this Act to act in his discretion, the Administrator shall refer it to the President for decision and act according to the decision given 2^ thereon by the President, and pending such decision, it shall be com- petent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter aa he deems necessary:

-o

Provided further that every decision taken by a member of the Executive Council or by the Executive Council in relation to any matter concerning New Delhi shall be subject to the concurrence of the Administrator, and nothing in this sub-section shall be construed as preventing the Administrator in case of any difference of opinion between him and the members of the Executive Council from taking any action in respect of the administration of New Delhi as he, in his discretion, considers necessary.

(2) The Administrator shall preside at every meeting of the Exe- cutive Council, but if he is obliged to absent himself from any meet- ing of the Council owing to illness or any other cause, the senior-most member of the Executive Council shall preside at the meeting of the ⁵ Council.

(3) The functions of the Administrator with respect to law and order in Delhi including the organization and discipline of police force, and with respect to such other matters as the President may from time to time specify in this behalf, shall be exercised by him 10 in his discretion.

(4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final.

15 (5) If any question arises as to whether any matter Is or is not a matter as respects which the Administrator is required by or under any law to exercise any judicial or quasi-judicial functions, the deci- sion of the Administrator thereon shall be final.

(6) If any question arises as to whether any matter is or is not 20 a matter concerning New Delhi, the decision of the Administrator thereon shall be final.

(7) The question whether any, and If so, what advice was tender- ed by any member of the Executive Council lo the Administrator shall n"t be enquired into in any court.

25 28. (1) The members of the Executive Council shall be appointed by the President.

(2) The members of the Executive Council shall hold ofnce dur- ing the pleasure of the President.

Other provi- sions as to mem- bers of Execu- tive Coun- cil.

(3) Before a member of the Executive Council enters upon his 30 office, the Administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Schedule.

(4) A member of the Executive Council who for any period of six consecutive months is not a member of the Metropolitan Council 3j shall, at the expiration of that period, cease to be a member of the Executive Council,

(5) The salaries and allowances of the members of the Executive

Council shall be such as the President may, by order, determine.

29. (1) The President shall make r u l e s-

Conduct of busi- ness.

fa) for the allocation of business to the members of the

Executive Council in so far as it is not business with respect to 5 which the Administrator is required by or under this Act to act in his discretion; and

(b) for the more convenient transaction of business with the members of the Executive Council, including the procedure to be adopted in the case of a difference of opinion between the I⁰ Administrator and the members of the Executive Council or a member of that Council.

(2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken in his discretion or otherwise, shall be expressed to be taken in the name of the Administrator. 15

(3) Orders and other instruments made and executed in the name of the Administrator shall be authenticated in such manner as may be specified in the rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or ²° instrument made or executed by the Administrator.

PART IV

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

30. Notwithstanding anything in this Act, the Administrator and •the members of the Executive Council shall be under the general 2j control of, and comply with such particular directions, if any, as may from time to time be given by, the President.

Relation of Ad- ministra- tor and members of Execu- tive Coun- cil to President.

31. If the President, on receipt of a report from the Administrator

or otherwise, is satisfied—

(a) that a situation has arisen in which the administration 30 Provision in case of failure; of constitu- tional machi- nery.

of Delhi cannot be carried on in accordance with the provisions of this Act; or

(b) that for the proper administration of Delhi it Is neces-

sary or expedient so to do,

the President may, by order, suspend the operation of all or any of •„ the provisions of this Act for such period as he thinks fit and make

such incidental and consequential provisions as may appear to hirr to be necessary or expedient for administering Delhi in accordance with the provisions of article 239.

32, (1) Until a Metropolitan Council has been duly constituted

5 and summoned to meet for the first session under the provisions ol

Part II of this Act, there shall be an Interim Metropolitan Council

consisting of—

Provisiona as to Interim Metropo- litan Council.

(a) forty-two members elected by the members of the elec- toral college for Delhi, as in existence immediately before the 10 commencement of this Act, in accordance with rules made by the Central Government in this behalf, such elections being held in accordance with the system of proportional representation by means of the single transferable vote, and

(b) not more than five members, not being persons m the i$ service of Government, nominated by the Central Government.

(2) No person shall be qualified to be chosen as a member of the Interim Metropolitan Council unless he is an elector for any Parlia- mentary constituency in Delhi, and is not less than twenty-five years of age.

20 (3) The term of office of the members of the Interim Metropolitan Council shall expire immediately before the first meeting of the Met- ropolitan Council duly constituted under this Act.

(4) Election by the members of the electoral college for Delhi under sub-section (I) shall not be called in question on the ground 2^ merely of the existence of any vacancy in the membership of such college,

(5) In other respects, the provisions of Part II shall, so far as may be, apply in relation to the Interim Metropolitan Council as they apply in relation to the Metropolitan Council constituted under and j0 in accordance with the provisions of that Part.

Interim Executive Council.

33. (1) Notwithstanding anything contained in Part III, the

President may appoint such members of the Interim Metropolitan

Council, not „ exceeding four in number, as ho thinks fit to be the

members of the Interim Executive Council.

35 (2) The members of the Interim Executive Council shall hold office during the pleasure of the President,

(3) A member of the Interim Executive Council shall cease to hold office as such if he ceases to be a member of the Interim Metropolitan Council.

(4) Subject to the foregoing provisions, the members of the Interim Executive Council shall—

5

(a) exercise all the powers and perform all the duties con- ferred by the provisions of this Act on the members of . the Executive Council,

(b) be entitled to such salaries and allowances asi the President may, by order, determine.

io

34. For the removal of doubts it is hereby declared that—

Contracts and suits.

(a) all contracts in connection with the administration of Delhi are contracts made in the exercise of the executive power of the Union;

(b) all suits and proceedings in connection with the admin- 15 istration of Delhi shall be instituted by or against the Govern- ment of India.

35. In the Representation of the People Act, 1950, in section 27A, for sub-section (3), the following sub-section shall be substituted, namely:—

20 Amend- ment of Act 43 of 1950,

"(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Coun- cil constituted for that territory under the Delhi Administra- tion Act, 1965 and until that Council is constituted, the electoral college shall consist of the elected members of the Interim ²5 Metropolitan Council constitute under that Act.".

Amend- ment of Act 20 of 1963.

36. In the Government of Union Territories Act, 1963, in clause (a) of sub-section (2) of section 41, for the words "the total number thereof remaining the same;" the words and figures "the number being 7, i, 2 and 2;" shall he substituted. 3°

Powers of Presi- dent to remove difficul- ties-

3-7..If any difficulty arises in giving effect to the provisions of this Act and, in particular \n relation to the constitution of the Interim Metropolitan Council, the President may, by order, do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the purpose of 35 removing the difficulty.

THE SCHEDULE

[See sections 6(a), 15(1) and 28(3)]

FORMS OF OATHS OR AFFIRMATIONS

I

5 FORM OF OATH OR AFFIRMATION TO BE MADE BY A CANDIDATE FOR

ELECTION TO THE METROPOLITAN

COUNCIL

"I, A.B., having been nominated as a candidate to fill a seat in the Metropolitan Council of D cihi d^wear in thenamc oKJod th j w iU

solemnly affirm

io bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India."

II

FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF *5 THE METROPOLITAN COUNCIL

"I, A.B., having been elected (or nominated) a member of the

Metropolitan Council of Delhi A⁰ "wear m t he "ame ofGod_ t h f lt j wm

solemnly afhrm

bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India 20 and that I will faithfully discharge the duty upon which I am about to enter."

Ill

FORM OF OATH OF OFFICE FOR A MEMBER OF THE EXECUTIVE COUNCIL

"I. A.B., .do swear in the imm^_ofGod_ l h at j wm feear t me f d th a nd

solemnly affirm

25 allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faith- fully and conscientiously discharge my duties as a member of the Executive Council, and that I will do right to all manner of people in accordance with the Constitution and the law without fear or 30 favour, affection or ill-will."

IV

FORM OF OATH OF SECRECY FOR A MEMBER OF THE EXECUTIVE COUNCIL

"I, A.B, dojwearinthenanieafGod t h at j wm n Qt d i r e c tl Qr

J

solemnly affirm

indirectly communicate or reveal to any person or persons any matter 35 which shall be brought under my consideration or shall become known to me as a member of the Executive Council except as may be required for the due discharge of my duties as such member."

STATEMENT OF OBJECTS AND REASONS

This Bill has been brought forward with the object of providing for a larger measure of association of the representatives of the peo- ple of the Union territory ol Dolhi with the administration of the territory. It seeks to establish a Metropolitan Council for the entire territory and also an Executive Council to assist and advise the Ad- ministrator of the territory.

2. It is intended that elections to the Metropolitan Council should be held at the time of the next general elections. The Bill, therefore, provides for an Interim Metropolitan Council and an Interim Exe- cutive Council being constituted until the next general elections are held.

3. The Bill also seeks to provide that for the purposes of next general elections, the number of Parliamentary constituencies for the Union territory of Delhi shall be raised from five to seven.

4. At present, the electoral college for Delhi, which elects the re- presentatives of the territory in the Rajya Sabha, consists of 90 mem- bers, i.e., 00 councillors elected to the Delhi Municipal Corporation and 10 persons elected to the college from the New Delhi and Delhi Cantonment areas. The Bill provides that in future the elected members of the Metropolitan Council and, until the Metropolitan Council is constituted, the elected members of the Interim Metropoli- tan Council shall constitute the electoral college.

5. The provisions of the Bill are further explained in the notes on clauses.

NEW DELHI; G. L. NANDA.

The 3rd November, 1965.

Notts on clauses

Clause 3,—This clause provides for the constitution of a Metropo- litan Council for Delhi. It is proposed that the number of seats in the Council to be filled by persons chosen by direct election shall be forty-two which is multiple of the seven Parliamentary constituen- cies into which Delhi is proposed to be divided under clause 36. Fur- ther, provision has been made to empower the Central Government to nominate not more than five members to the Council. Provision has also been made in this clause for reservation of seats for memberi of the scheduled castes in the Metropolitan Council on population basis according to the last preceding census r>[ which the relevant figures have been published.

Clauses 4 and 5.—These clauses provide for the delimitation of the 42 single-member Metropolitan Council constituencies and deter- mination of the number of seats to be reserved for scheduled castes and the constituencies in which these seats are to be reserved. This function is sought to be entrusted to the Election Commission who will be assisted by three members of the Interim Metropolitan Coun- cil.

Clause 6.—The qualifications for membership of the Metropolitan Council prescribed in this clause are the same as those prescribed for membership of the Legislative Assemblies constituted in certain Union territories under the Government of Union Territories Act, 1963.

Clauses 7 and 8.—These clauses provide that persons entitled to vote at elections to the Lok Sabha shall be the voters at the election to the Metropolitan Council and that the relevant portion of the roll for the Parliamentary constituency shall be the electoral roll for a Metropolitan Council constituency.

Clause 9.—This clause provides for the Representation of the Peo- ple Act, 1951, and rules thereunder being followed with necessary adaptations for the purpose of elections to the Metropolitan Council.

Clause 10.—The term of the Metropolitan Council prescribed in this clause is the same as that prescribed in respect of Legislative Assemblies of Union territories constituted under the Government of Union Territories Act, 1963.

68& G of I Ex.—3

Clause 11,—This clause empowers the Administrator to summon the Metropolitan Council froi.i time to time and to prorogue it. He e"n also dissolve the Council with the approval of the President.

Clauses 12 and 13.—Clause 12 provides for the election of a mem- ber of the Council as its Chairman and other terms of his office. Clause 13 lays down the procedure for considering any resolution for the removal of the Chairman. These clauses follow the correspond- ing provisions relating to the Speaker made in the Government of Union Territories Act, 1963.

Clause 14.—This clause enables the Administrator to attend and address meetings of the Metropolitan Council.

Clauses 15 and 16.—These relate to oath or affirmation by the members and the voting procedure in the Metropolitan Council and follow corresponding provisions made in respect of Legislative As- semblies under the Government of Union Territories Act, 1963.

Clause 17.—This clause apart from prohibiting simultaneous mem- bership of Parliament and Metropolitan Council also prohibits simul- taneous membership of Metropolitan Council and the Delhi Munici- pal Corporation. Sub-clauses (2) and (3) of this clause further specify the circumstances in which a member's scat may fall vacant.

Clause 18.—This clause lays down the disqualifications for mem- bership of the Metropolitan Council and generally follows the rele- vant provisions of section 14 of the Government of Union Territories Act, 1963.

Clause 19.—This clause provides for the right of freedom of speech to, and other privileges of, the members of the Metropolitan Council.

Clause 20.—This clause provides for the salaries and allowances of the members being determined by the President.

Clause 21.—This enumerates the various matters which will comn up for discussion before the Metropolitan Council and also' provides that the recommendations made by the Metropolitan Council shall be duly considered by the Executive Council. Wherever necessary, the Administrator will forward the recommendations to the Central Government with the views, if any, expressed thereon by the Execu- tive Council.

Clause 22.—This clause defines the scope of interpellations in the Metropolitan Council.

Clause 23.—This clause empowers the Metropolitan Council to make rules regulating its procedure and the conduct of its business. The Administrator is, however, empowered to make rules with the approval of the President for prohibiting the discussion of, or regu- lating the asking of questions on, matters which affect the discharge of his functions in so far ns he is required to act in his discretion, or to exercise lender the law judicial or quasi-ju.Hcial functions. Until rules are made in this behalf, the procedure and conduct of the business of the Metropolitan Council will be regulated by the rules made by the Administrator.

Clause 24.—This relates to the language in which the business of the Metropolitan Council shall be transacted.

Clause 25.—This clause prohibits discussion in the Metropolitan Council in respect of the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his functions and follows the corresponding provision in the Government of Union Territories Act, 1963-|

Clause 26.—This clause provides that Courts shall not enquire into the proceedings of the Metropolitan Council and follows the pro- visions of section 37 of the Government of Union Territories Act, 1963. I

Clauses 27 to 29.—Clause 2,7 provides for the constitution of an Executive Council to assist and advise the Administrator in the exer- cise of his functions except when he is required to act in his dis- cretion or in a judicial or quasi-judicial caoacity. Clause 28 contains other provisions regarding members of the Executive Council and clause 28 relates to the procedure in regard to conduct of its busi- ness.

Clauses 30 and 31.—These clauses provide that the Administrator and the members of his Executive Council shall be under the general control of, and comply with the directions given by, the President. It also empowers the President to suspend the operation of all or any of the provisions of the Act wh^n it is necessary or expedient to do so and make other arrangement for the administration of the Union territory of Delhi,

Clauses 32 and 33,—These clauses provide that pending the con- stitution of the Metropolitan Council and the Executive Council, an Interim Metropolitan Council and an Interim Executive Council shall be established. The Interim Metropolitan Council will consist of forty-two members to be elected by the members of the present rl"ctnral colleyr for Delhi and not mor" than five menQb"r" to b*

nominated by the President. The Interim Executive Council will consist of not more than four members of the Interim Metropolitan Council to be appointed by the President.

Clause 34,—This clause seeks to make it clear that contracts, suits and proceedings in connection with the administration of Delhi are contracts made in the exercise of the executive power of the Union and suits and proceedings instituted by or against the Central Gov- ernment. It follows the corresponding provision in section 55 of the Government of Union Territories Act, 1963.

Clause 35.—The electoral college for Delhi at present consists of eighty elected members of the Delhi Municipal Corporation and ten persons elected from the areas within the New Delhi Municipal Committee and the Delhi Cantonment Board. The clause provides that the electoral college for Delhi shall consist of the elected mem- bers of the Metropolitan Council and that until the Metropolitan Council is constituted, it shall consist of tho ~]pcted members of the Interim Metropolitan Council.

Clause 36.—This clause provides for an amendment of section 41(2) (a) of the Government of Union Territories Act, 1963 with a view to raise the number of Parliamentary constituencies for Delhi from five to seven.

Clause 37.—This clause provides for the removal of difficulties which may arise in giving effect to the provisions of the Act.

FINANCIAL MEMORANDUM

Clause 3(1) of the Bill provides for the setting up of a Metro- politan Council for Delhi, and clause 27(1) for constitution of an Executive Council. Clauses 12(5), 20 and 28(5) provide, respective- ly, for payment of salaries and allowances to the Chairman and the members of the Metropolitan Council and the members of the Exe- cutive Council. Clauses 32 and 33 provide that until a Metropolitan Council has been duly constituted and summoned to meet for the first session, an Interim Metropolitan Council and an Interim Exe- cutive Council shall be constituted. These clauses also provide for payment of salaries and allowances to the members of the Interim Metropolitan Council and the Interim Executive Council. The ex- penditure on such salaries and allowances and other expenditure of an incidental nature such as staff for the Metropolitan Council and the Executive Council, purchase of motor cars and election to the Metropolitan Council. e1c, will have to be met from the Consolidated Fund of India. The estimated expenditure on this account will be about Rs. 3'79 lakhs per annum recurring and RE. 2-56 lakhs non- recurring as indicated below: —

(Rs. in lakhs)

(a) Salaries and allowances of the four Executive

Councillors and the Chairman, Metropolitan Council and their personal staff, etc. (recurring) • - 2' 00

(b) Salaries and allowances of members of the Metro-

politan Council (recurring) •• .. 1' 79

(c) Purchase of motor cars and telephones (O.Y.T.

scheme) for the four Executive Councillors, and the Chairman, Metropolitan Council, etc., (non- recurring) .. .. .. .. 1.21

(d) Elections to the Metropolitan Council (once in five

years) and to the Interim Metropolitan Council .. 1.35

Clause 36 provides for the number of Parliamentary constituen- cies in Delhi being raised from five to seven. Additional expendi- ture on account of salaries and allowances of the two members who will be elected from the two extra Parliamentary constituencies will be about Rs. 24,400 per annum (recurring). This expenditure will also have to b" met from the Consolidated Fund of India.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 23 of the Bill empowers (a) the Metropolitan Council to make rules for regulating its procedure and conduct of its business; and (b) the Administrator to make, with the approval of the Presi- dent, rules for prohibiting the discussion of, ox regulating the ask- ing of questions on, any matter which affects the discharge of his functions in so far as he is required by or under this Bill to act in his discretion or by or under any law to exercise judicial or quasi- judicial functions. Clause 29 provides for the rules regarding the transaction of business with the members of Executive Council being made by the President and empowers the Administrator to make rules prescribing the manner of authenticating the orders issued in his name. Clause 32(1) empowers the Central Govern- ment to make rules for the conduct of elections to the Interim Met- ropolitan Council. Clause 9 further empowers the Central Govern- ment to make an order specifying the modifications subject to which certain provisions of the Representation of the People Act, 1951, and any rules and orders made thereunder relating to the conduct of elec- tions to the Legislative Assembly of a State shall apply to the con- duct of elections to the Metropolitan Council.

2- The matters mentioned above are of a procedural nature and it is difficult to provide for these matters in the Bill itself. The proposals for delegation of legislative power are thus of a normal character.

Sac. 2] THH aA£ETT£ Of¹ INDM. EXTBAORDINARY in

BILL NO. 71 OF 1965

A bill to authorise payment and appropriation of certain further sums from and ,>ut of the Consolidated Fund of India, for the services of the financial year 1965-66.

BE it enacted by Parliament in the Sixteenth Year of the

Republic of India as follows: —

1. This Act may be called the Appropriation (No 5) Act, 1965. Short tfflr

Isiue of Ri. 85,82,90,000 out of the Consolidated Fund of India for the year 1965-66.

2. From and out of the Consolidated Fund of India there-may be 5 paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of eighty-five crores, eighty-two lakhs and ninety thousand rupees towards de- fraying the several charges which will come in course of payment during the financial year 1965-66, in respect of the services specified

10 in column 2 of the Schedule.

Appropria- tion.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

Ttl6 THE GAZETTE OF INDIA EXTRAORDINARY [PART tl

THE SCHEDULE

(See sections 2 and 3)

I

2

3

Sums not exceeding

Services and purpoies

Voted by

Parliament

Total

5 No. of Vote

1 Charged on the Consoli- d a te Fund

Rs.

R".

Rs.

16 Education . . ..

1,000

1,000

10

Other Revenue Expenditure of

37

the Ministry of Finance .

5,25,000

8,06,000

2,81,000

Grants-inlaid to State and Union

39

..

1,00,00,0 30

territory Governments.

1,00,00,000

47

7,50,00,000

7,50,00,000 Other Revenue Expenditure oi the Ministry of Pcod an J Agri- culture . . ..

15

83

r-.65,00,000

Other Revenue Expenditure of the Ministry of Petroleum and Chemicals

1,65,00,000

no Other Revenue Expenditure of

20

Lok Sabha . . ..

1,00,000

1,00,000

1 21 Capital Outlay on Currency and

71,43,00,000 Coinage . . ..

71,43,00,000

127 Loans,and Advances by the Cen-

tralGovernment .

I,00,CQ,000

1,00,00,000

25

130 Other Capital Outlay of the Ministry of Food and Agri- culture . . ..

15,00,000

15,00,000

133 Capital Outlay of the Ministry ol"

Industry and Supply

2,80,83,000

2,80,83,000

30

14O Capital Outlay of the Ministry of

20)00,000

20,00,000 Steel and Mines

1

T O T AL

84,80,09,000

1,02,81,000

85,82,90,000

STATEMENT OF OBJECTS AND REASONS

This Bill is introduced in pursuance of article 114(1) of the Constitution of India, read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways, for the financial year 1965-66.

B. R. BHAGAT.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F.5(12)-/65, dated the 2nd November, 1965 from Shri Ball Ram Bhagat, Minister of Planning to the Secretary, Lok Sabha.]

The President having been informed of the subject matter-of the proposed Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the year ending on the 31st day of March, 1966, re- commends the introduction of the Appropriation (No. 5) Bill, 1965 In the Lok Sabha and also recommends to the Sabha the consideration of the Bill under article 117(1) and (3) of the Constitution read with article 115 thereof.

2. The Bill will be Introduced In the Lok Sabha after all the Supplementary Demands for Grants for 1965-66 have been voted.

S. L. SHAKDHER,

Secretary.

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