REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 19] NEW DELHI, SATURDAY, JUNE 4, I966/JYAISTHA 14, 1888

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

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 4th June, \966/Jyaistha 14, 1888 (Saka)

The following Act of Parliament received the assent of the Pre-

sident on the 2nd June, 1966, and is hereby published for general

information: —

THE DELHI ADMINISTRATION ACT, 1966

No. 19 of 1966

[2nd June, 1966]

An Act to provide for the administration of the Union territory of

Delhi and for matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the

Republic of India as follows: —

PART I

PRELIMINARY

1. (1) This Act may be called the Delhi Administration Act. 1966.

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

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

Provided that different dates may be appointed for different

Short title

and com-

mence-

ment.

(169)

212 G. of I. Ext—1.

170

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[PART II

provisions of this Act and any reference in any such provision to

the commencement of this Act shall be construed as a reference to

Lhe coming into force of that provision.

^eflnitioiw,

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

(a) "Administrator" means the Administrator of

Delhi

appointed by the President under article 239;

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

made under section 4 for the purpose of elections to the Metro-

politan Council;

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

appointed by the President under article 324;

(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 the area within the boundaries des-

cribed in the First Schedule to the Delhi Municipal Corporation

Act, 1957;

66 of 1957.

(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.

PART II

METROPOLITAN COUNCIL

Constitu-

tion of Me

tropolltan

Council.

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

(2) The total number of seats in the Metropolitan Council to be

filled by persons chosen by direct election from territorial consti-

tuencies shall be fifty-six,

(3) The Central Government may nominate not more than five

persons, not being persons in the service of Government, to be mem-

bers of the Metropolitan Council.

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174.

(4) Seats shall be reserved for the scheduled castes In the Metro-

politan Council and the number of such seats shall bear, as nearly

as 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 castes 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.

4. (/) For the purpose of elections to the Metropolitan Council,

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 (7), the Election Commission shall determine in the manner

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-

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 the

performance of its functions under sub-section (2), the Commission

shall associate with itself all the members of the House of the People

representing Delhi:

Provided that 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—

(a) publish its proposals in regard to matters mentioned

in sub-section (2) in the Official Gazette together with a notice

specifying the date on or after which the proposals will be fur-

ther considered by it;

Delimita-

tion of

constitu-

encies.

172

THE GAZETTE OF INDIA EXTRAORDINARY

[t>ARl II

(b) consider all objections and suggestions which may

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;

therein the constituencies in which seats shall be reserved for

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 sedi-

tion shall not be called in question in any court.

Power to

rectify

printing

mistakes,

etc.

5. The Election Commission may, from time to time, by notified

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.

Qualifica-

tion for

member-

ship.

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

the Metropolitan Council unless he—

(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

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

Electors

and elec-

toral rolls.

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

asi voters at elections to the House of the People.

43 of 1950.

(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.

Bight 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.

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173

43 of 1951

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

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.

Election

to 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;

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 lor 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.

Duration

of Metro-

politan

Council.

11. (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.

(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.

Sessions

of Metro-

politan

Coundlj

proroga-

tion and

dissolu-

tion.

12. (1) The Metropolitan Council shall, as soon as may be, choose

two members to be respectively Chairman and Deputy Chairman

thereof and, so often as the office of Chairman or Deputy Chairman

becomes vacant, the Metropolitan Council shall choose another

member to be Chairman or Deputy Chairman, as the case may be.

(2) A member holding office as Chairman or Deputy Chairman,—

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

(b) may at any time by writing under his hand addressed,

if such member is the Chairman, to the Deputy Chairman, and

if such member is the Deputy Chairman, to the Chairman, re-

sign his office; and

The Chair-

man and

Deputy-

Chairman

of the

Metropo-

litan

Council.

174

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[PAH* II

(,c) may be removed from big office by a resolution of the

Metropolitan Council passed by a majority of all the then mem-

bers:

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 im-

mediately 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 the Deputy Chairman or, if the office

of Deputy Chairman is also vacant, by such member as may be

determined by the rules of procedure of the Metropolitan Council.

(4) During the absence of the Chairman from any sitting of the

Metropolitan Council, the Deputy Chairman, or, if he is also absent,

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 Metropolitan Council, shall act

as Chairman.

(5) The Chairman and the Deputy Chairman shall be entitled

to such salaries and allowances as the President may, by

order,

determine.

Chairman

not to

preside

while a

resolution

for his

removal

from office

is under

considera-

tion.

13. (1) At any sitting of the Metropolitan Council, while any

resolution for the removal of the Chairman from his office is under

consideration, the Chairman, or while any resolution for the removal

of the Deputy Chairman from his office is under consideration, the

Deputy Chairman, shall not, though he is present, preside and the

provisions of sub-section (4) of section, 12 shall apply in relation to

every such sitting as they apply in relation to a sitting from which

the Chairman, or, as the case may be, the

Deputy

Chairman, is

absent.

(2) The Chairman shall have the right to speak in, and other-

wise to take part in the proceedings of, the Metropolitan

Council

while any resolution for his removal from office is under considera-

tion and shall, notwithstanding anything in section 17, 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.

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175

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

Metropolitan Council and may for that purpose require the atten-

dance of members.

Right of

Adminis-

trator to

attend and

address

meetings

of Metro-

politan

Council.

15. Every member of the Executive Council shall have the right

to speak in, and otherwise to take part in the proceedings of, the

Metropolitan Council, and any

Committee

of the

Metropolitan

Council of which he may be named a member, but shall not by

virtue of this section be entitled to vote.

Rights of

members

of Execu-

tive Coun-

cil as

respects

Metro-

politan

Council.

16. (1) 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

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.

Oath or

affirmation

by mem-

bers.

17. (1) 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 uf the

Metropolitan

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 a quorum.

Voting in

Metro-

politan

Council.

176

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[PAHT II

Vacation

of seats.

18. (1) No person shall be a member—

(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

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

(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-

fa) becomes subject to any disqualification

mentioned in

sub-section (1) of section 19, or

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

the Chairman,

his 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

thereof, the Metropolitan Council may declare his seat vacant.

Disqua-

lifications

for mem

bership.

19. (1) 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.

(2) For the purposes of 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-

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.

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177

20. (1) Subject to the provisions of this Act and to the rules and

standing orders regulating the procedure of the Metropolitan Council,

there shall be freedom of speech in the Metropolitan Council.

(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-

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.

(3) The provisions of sub-sections (I) and (2) shall apply in

relation to persons who by virtue of this Act have the right to speak

in, and otherwise to take part in the proceedings of, the Metropolitan

Council or any Committee thereof as they apply in relation to

members.

Powers,

privileges,

etc., of

members.

21. Members shall be entitled to receive such salaries and allow-

ances as the President may, by order, determine.

Salaries

and

allow-

ances

members.

22. (I) 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: —

fa) proposals for undertaking legislation with respect to any

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;

trator with respect to any of the matters enumerated in the

State List or the Concurrent List;

Func-

tions ot

Metro-

politan

Council.

61 of 1957.

(d) the estimated receipts and expenditure pertaining to

Delhi to be credited to and to be made from, the Consolidated

Fund of India; and notwithstanding- anything contained in the

Delhi Development Act, 1957, the, estimated receipts and ex-

penditure of the Delhi Development Authority;

212 G. of I. Ext.—2.

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[PAHT II

(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;

(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-

cutive Council.

Right of

members

to ask

questions.

23. Subject to the rules regulating the procedure of the Metropo-

litan Council, a member shall havt> the right to ask questions on any

matter in so far as it falls within the purview of the Metropolitan

Council under sub-section (1) of section 22,

Riiiles of

procedure,

24. (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, after consultation with

the Chairman of the Metropolitan Council and with the approval of

the President, make rules for prohibiting the discussion of, or regu-

lating the asking of questions on, any matter which affects the dis-

charge of his functions In so far as he is required by or under this

Act to act In his discretion, or by or under any law to exercise judi-

cial 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 Council, the rule made by the Administrator shall

prevail.

(2) Until rules are made under sub-section (1), the procedure

and conduct of business of the Metropolitan Council shall be regu-

lated by such rules as the Administrator may make in this b,eh.atf«

Restric-

tion on

discus-

sion in

Metropoli-

tan Coun

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,

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179

26. (/) 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^

(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

by him of those powers.

Courts

not to in-

quire into

proceed-

ings of

Metro-

politan

Council.

PART III

EXECUTIVE COUNCIL

27. (2) There shall be an Executive Council, consisting of not

more than four members one of whom shall be designated as the

Chief Executive Councillor and others as the Executive Councillors,

to assist and advise the Administrator in 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:

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

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 u

he deems necessary:

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 Chief

Executive Councillor shall preside at the meeting of the Council.

Executive

Council.

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[PART 11

(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

in his discretion.

(4) If any question arises es 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.

(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

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 to the Administrator

shall not be enquired into in any court.

Other

provi-

sions as

to mem-

bers of

Execu-

tive Coun

dl.

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

by the President.

(2) The members of the Executive Council shall hold office dur-

ing the pleasure of the President.

(3) Before a member of the Executive Council enters upon his

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

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.

Conduct

of busi-

ness.

29. (1) The President shall make rules—

(a) for the allocation of business to the members of the

Executive Council in so far as it is not business with respect to

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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

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.

(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 shal]

not be called in question on the ground that it is not an order or

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

control of, and comply with such particular directions, if any, a3 may

from time to time be given by, the President.

Relation

of Ad-

miniatra-

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

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 puch period as he thinks fit and make

such incidental and consequential provisions as may appear to him

to be necessary or expedient for administering Delhi in accordance

with the provisions of article 239,

Provision

in case of

failure of

constitu-

tional

machinery.

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[PART II

Provlsioni

•s to

Interim

Metropo-

litan

Council.

32. (!) Until a Metropolitan Council has been duly constituted

and summoned to meet for the first session under the provisions of

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

consisting of—

(a) forty-two members elected by the members of the elec-

toral college for Delhi, as in existence immediately before the

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 in the

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.

(3) The term of office of the members of the Interim Metropolitan

Council shall expire Immediately before the first meeting of the

Metropolitan Council duly constituted under this Act.

(4) Election by the members of the electoral college for Delhi

under sub-section (1) shall not be called in question on the ground

merely of the existence of any "=icancj' ]n the¹ membership of auch

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

In accordance with the provisions of that Part:

Provided that nothing contained in clause (b) of suib-sectlon (I)

of section 18 shall preclude a person from being a member of the

Interim Metropolitan Council and also of the Delhi Municipal Cor-

poration until the next general election for the Corporation is held

under the Delhi Municipal Corporation Act, 1957,

86 of 1957.

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 he thinks fit to be the

members of the Interim Executive Council.

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183

(2) The members of the Interim Executive Council shall hoJd

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—

(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

the

President may, by order, determine.

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

(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-

istration of Delhi shall be instituted by or against the Govern-

ment of India.

Contracts

and suits.

35. In the Representation of the People Act, 1958, in section 87A,

for sub-section (3), the following sub-section shall be substituted,

namely:—

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, 1966.".

36. In the Delhi Development Act. 1957, in section 3,~

(i) for clause (f) of sub-section (3), the following clause

shall be substituted, namely: —

"(f) as and when the Metropolitan Council for the

Union territory of Delhi Is constituted, three representatives

of that Council to be elected by the members Qf the Council

Amend-

ment of

Act 61

of 1957,

lg 4

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

from among themselves, and until that Council is constitut-

ed, three representatives of the Interim Metropolitan Coun-

cil to be elected by the members of the Interim Metropolitan

Council from among themselves;";

(ii) in sub-section (6), the words, brackets,

letter

and

figure "and the three representatives of the Advisory Committee

of Delhi referred to in clause (f) of sub-section (3) shall hold

office for so long only as they continue to be members thereof

shall be omitted;

{in) for sub-sections (7) and (8), the following sub-section

shall be substituted, namely: —

" (7) An elected member shall hold office for a term

of five years from the date of his election to the Authority

and shall be eligible for re-election:

Provided that such term shall come to an end as soon

as the member ceases to be a member of the body from

which he was elected.".

Amend-

ment of

Act 20 of

1963.

37. 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, 4, 2 and 2;" shall be substituted.

Powers of

Presi-

dent to

remove

difficul-

ties.

38. (1) If any difficulty arises In giving effect to the provisions of

this Act and, in particular in relation to the constitution of the Inte-

rim 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 removing the

difficulty.

(2) Every order made under this section shall be laid as soon as

may be after it is made before each House of Parliament while It 13

In session for a total period of thirty days which may be comprised

in one session or in two successive sessions, and if, before the expiry

of the session in which it Is so laid or the Fission immediately fol-

lowing, both Houses agree in making any modification in the order

or both Houses agree that the order should not be made, the order

shall thereafter have effect only in such modified form or be of

no effect, as the case may be; so, however, that any such modifica-

tion or annulment shall be without prejudice to the validity of

anything previously done under that order.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

185

THE SCHEDULE

[See sections 6(a), 16(1) and 28 (3)]

FORMS OF OATHS OR AFFIRMATIONS

FORM OF OATH OR AFFIRMATION

TO BE MADE

BY A CANDIDATE

FOR

ELECTION TO THE METROPOLITAN COUNCIL

"I, A.B., having been nominated ag a candidate to fill a seat in

the Metropolitan Council of Delhi joawear in the name of God

solemnly affirm

l" a

I will bear true faith and allegiance to the Constitution of India as

by law established and that I will uphold the sovereignty and inte-

grity of India."

FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OP

THE METROPOLITAN COUNCIL

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

of tho

Metropolitan Council of Deihd_o_swgar in'the name of Godthat j

solemnly affirm

bear true faith and allegiance to the Constitution of India as by law

established, that I will uphold the sovereignty and integrity of India

and that I will faithfully discharge the duty upon which I am about

to enter."

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

"I, A.B., do swear in the name of God t h a t T ^

b e a r t p u e f a J t h

a n d

solemnly affirm

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

favour, affection or ill-will".

212 G. of I.—Ext.—3.

186

THE GAZETTE OF INDIA. EXTRAORDINARY

[PART II—Sre. 1]

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

"I. A.B.,

do swear to the name of God

t h a t^{j ^}

n o t d l r e c t ] y

o r

solemnly affirm

indirectly communicate or reveal to any person or persons any matter

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."

S. P. SEN-VERMA,

Secy, to the Govt, of India.

PRINTED IN INDIA BY THE GENERAL MANAGER,

0OVEKNM1ENT OF INDIA

FMJSS,

MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

mi.HT. 1986