Act 005 of 2012 : New Delhi Municipal Council (Amendment) Act, 2011

Preamble

New Delhi Municipal Council (Amendment) Act, 20111

[Act 5 of 2012][8th January, 2012]

[Repealed by Act 19 of 2015*]

An Act further to amend the New Delhi Municipal Council Act, 1994

Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows-

1. Received the assent of the President on January 8, 2012 and published in the Gazette of India, Extra., Part II, Section 1, dated 9th January, 2012, pp. 1–2, No. 5

* Ed.: Act 5 of 2012 repealed by Act 19 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:

"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-The New Delhi Municipal Council Act, 1994 has been enacted to provide for the establishment of the New Delhi Municipal Council and for matters connected therewith or incidental thereto. It provides, inter alia, that there shall be three Members of the Legislative Assembly of Delhi, whose constituency fall fully or partly in the New Delhi area, as Members in the New Delhi Municipal Council. After delimitation of Assembly Constituencies in the National Capital Territory of Delhi, only two such Assembly Constituencies fall within the New Delhi area and consequently only two Members of Legislative Assembly may become the members in the New Delhi Municipal Council.

2. Presently, the Member of Parliament representing the New Delhi area in the Lok Sabha is a Special Invitee to the meetings of the New Delhi Municipal Council without voting rights. The Estimates Committee of Fourteenth Lok Sabha in its Eleventh and Thirteenth Reports recommended, inter alia, that the Member of Parliament should be given voting rights.

3. In view of the aforesaid, it is proposed to amend the New Delhi Municipal Council Act, 1994 to provide, inter alia, that-

(a) the Member of Parliament representing the New Delhi area in the Lok Sabha shall be made a Member of the New Delhi Municipal Council with voting rights;

(b) the number of Members of the Legislative Assembly, who are Members of the Council, be reduced from three to two;

(c) the number of Members representing certain fields be increased from two to four;

(d) out of thirteen Members there shall be at least three members who are women and two members belonging to the Scheduled Castes in the Council, out of which one shall be from the nominated Members representing certain fields.

4. In view of proposed inclusion of the Member of Parliament, referred to in sub-paragraph (a) of the preceding paragraph, in the New Delhi Municipal Council and two Members of Legislative Assembly being the members of the New Delhi Municipal Council, it is further proposed to amend the aforesaid Act to revise the procedure for presiding over the meetings of the Council.

5. The Bill seeks to achieve the above objectives.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the New Delhi Municipal Council (Amendment) Act, 2011.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of Section 4

2. Amendment of Section 4.-In the New Delhi Municipal Council Act, 1994 (44 of 1994) (hereinafter referred to as the principal Act), in Section 4-

(a) in sub-section (1)-

(i) in clause (b), for the words "three members", the words "two members" shall be substituted;

(ii) in clause (d), for the words "two members", the words "four members" shall be substituted;

(iii) after clause (d), the following clause shall be inserted, namely-

"(e) the Member of Parliament, representing constituency which comprises wholly or partly the New Delhi area.";

(b) sub-section (2) shall be omitted;

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

"(3) Out of the thirteen members referred to in sub-section (1), there shall be, at least-

(a) three members who are women;

(b) two members belonging to the Scheduled Castes, out of which one member shall be from the members nominated under clause (d) of sub-section (1).".

Section 3. Amendment of Section 25

3. Amendment of Section 25.-In Section 25 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely-

"(1) The meetings of the Council shall be presided over, in the following order, by-

(a) the Chief Minister of Delhi, if he is a member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of Section 4; or

(b) the Union Minister, if he is a Member of Parliament representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of Section 4; or

(c) the Minister in the Government of National Capital Territory of Delhi, if he is a Member of the Legislative Assembly of Delhi representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (b) of sub-section (1) of Section 4; or

(d) the Member of Parliament not being a Minister for the Union representing the constituency which comprises wholly or partly the New Delhi area, and attends the meeting being a member of the Council under clause (e) of sub-section (1) of Section 4; or

(e) the Chairperson of the Council.".

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