29.07.

93 *t16

DELHI MUNICIPAL CORPORATION (AMENDMENT) BILL*

THE MINISTER OF HOME AFFAIRS (SHRI S.B. CHAVAN): Sir, I beg to move:

"That the Bill further to amend the Delhi Municipal Corporation Act, 1957, be taken into consideration."

As the House is aware, a Committee was setup in December 1987, to go into the functioning of the various administrative and
municipal authorites in Delhi with a view to ensuring efficiency and effectiveness in their functioning. The Committee, popularly
known as the Balakrishnan Committee, submitted its Report after a detailed study of the issue involved and examined the views
expressed in various memoranda, reports and other materials. The recommendations made by the Committee regarding the
administrative setup in Delhi were considered, and necessary legislation including the Constitutional amendment to provide for the
establishment of a Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi has already been
enacted.

The recommendations made by the Committee regarding the municipal set up had been examined. The Delhi Municipal Corporation
(Amendment) Bill, 1992 was introduced in the lok Sabha on the 24th November, 1992 to give effect to the decisions taken on these
recommendations.

In the meanwhile, the Constitution was amended by the Constitution (Seventy-third Amendment) Act, 1992 and the Constitution
(Seventy-fourth Amendment) Act, 1992 relating to "Panchayat"and "Municipalities", respectively. Since the amendments to the
Constitution has a bearing on the composition, duration, reservation of seats, powers, authority and responsibilities of the Panchayats
and the Municipalities, it became necessary to make

---------------------------------------------------------------------- *Moved with the recommendation of the president

543 Delhi Municipal Corporation (Amendment) Bill

[Sh. Manvendra Shah]

further changes in the Delhi Municipal Corporation (Amendment) Bill, 1992 to bring the provisions of the Delhi Municipal
Corporation Act, 1957, in consonance with the provisions of the Constitution (Seventy- fourth Amendment) Act, 1991.

The Delhi Municipal Corporation (Amendment) Bill, 1992 was, therefore, Withdraw with the leave of the House on the 11th may 1993
and a new Bill namely, The Delhi Municipal Corporation (Amendment) Bill, 1993 was introduced in the Lok Sabha on the 14th May,
1993.

The Balakrishnan Committee recommended decentralisation of Municipal services for better municipal services. it is proposed to
divide the territorial area of Municipal Corporation into 12 zones.

The names, number and area of the zones are set out in the Fourteenth Schedule. The municipal services will be decentralised by
establishing a Wards Committee for each zone, with statutory powers and functions to enable them to serve the public better. The
Wards Committee will consist mainly of the Councillors elected from the wards comprised in the zone. The Committee will have
adequate powers, including the power to sanction plans and estimates for the municipal works with in the zone costing up to Rs. 1
crore, subject to the budgetary provision. it will deal with all the civil matters of direct concern to the individuals residing in that zone.
These Committees, being more responsive to the public, are expected to facilitate expeditious redressal of their grievances.

16.00 hrs.

Very Committee shall elect one of its members to be ' a member of the Standing Committee of the Corporation. This will ensure
integral linkage between the Wards Committees and the Standing Committees of the Corporation.

8. The amending Bill seeks to confer nec-

544 Delhi Municipal Corporation (Amendment) Bill

essary supervisory powers of the Government of the National Capital Territory of Delhi over the Corporation.

8. The main provisions contained in the Bill have been explained briefly in the Statement of Objects and Reasons, and the notes on the
clauses. I shall touch only upon a few of the more important provisions.

(1) The number of Councilors is proposed to be increased from 100 to 134, to provide two Councilors from each of the 67 Assembly
cointituencies falling within the area of the Corporation.

(2) There was a provision in the Delhi Municipal Corporation Act, 1957 for having six elected Aldermen to be on the Corporation
enjoying voting rights. The composition of the Corporation is now governed by the provisions of Article 243R of the Constitution
(Seventy fourth Amendment) Act, 1992 which prescribes representation in a Municipality of persons having special knowledge or
experience in municipality administration as determined by the Legislature of a State. Such persons do not have voting rights.
Accordingly, it has been proposed that there will be 10 member having special knowledge or experience in the municipal
administration to be nominated by the Administrator.
This, in keeping with the afore said Constitutional provision, the practice of having elected Alderman with voting rights has been
replaced by nominated persons having special knowledge or experience in municipal administration.

(3) The Members of Lok Sabha representing constituencies comprising wholly or party the municipal area and the Members of Rajya
Sabha from Delhi registered as electors in the Municipal area will also be represented in the Corporation.

(4) As nearly a possible, one-fifth of the members of the Legislative Assembly of the National Territory of Delhi, Representing the
constituencies comprising wholly or

545 Delhi Municipal Corporation (Amendment) Bill

partly the municipal area, nominated by the Speaker of the Assembly, by rotation, every year, will also be represented in the
Corporation, The members will be so nominated that all the members have the opportunity of being represented in the Corporation at
least once during its period,

(5) The Chairpersons of all the Statutory Committees of the Corporation shall also be represented in the Corporation.

(6) The mayor will be elected every year from among selected councilors. However, the office of the Mayor is proposed to be reserved
for a woman for the first year of the Corporation and for a member belonging to scheduled Castes for the third years of the
Corporation.

(7) As in the case of the assembly constituencies, the first delimitation of municipal wards is proposed to be based on the provisional
figures of population of Delhi in relation to 1991 census.

(8) Provision is sought to be made for reservation of not less than one-third of the total number of seats infavour of women-both in the
general category of seats and the seats reserved for scheduled Castes separately.

(9) Seats are also proposed to be reserved in favour of Scheduled Castes according to their ratio in the city population.

(10) The seats reserved for Scheduled Castes and women are proposed to be allotted to different wards by rotation.

(11) The duration of the Corporation is proposed to be increased from 4 years to 5 years unless sooner dissolved. Elections to the
Corporation are to be completed before the expiration of six months from the date of its dissolution, except when the remainder period
is less than six months. The existing provision of giving a reasonable opportunity to the Corporation of being heard before its
dissolution is

546 Delhi Municipal Corporation (Amendment) Bill

proposed to be retained.

(12) It is proposed that every Councillor shall file a declaration every year of assets owned by him and members of his family, with the
Mayor. This is based on the recommendations of the Balakrishnan Committee which has observed that charges of corruption and
amassing of wealth are often lightly made against members elected to local bodies and that although in many cases these charges are
later on found to be baseless, the unfortunate fact is that people readily give credence to such charges in the absence of any concrete
evidence to the contrary. The provision is thus intended to protect a Councillor from such baseless charges.

(13) The functions of the Municipal Corporation are proposed to be restricted to the traditional functions of a Municipal Government.

Other functions now being performed by it like generation, transmission and distribution of electricity; supply and distraction of water
and disposal of sewage; fire services and setting up and running of new hospitals are sought to be transferred to other agencies.

(14) The Bill provides that the functions of the Municipal Corporation or of the Municipal Commissioner, in respect of such important
arterial roads in Delhi as maybe notified by the Central Government should be performed by such authority as may be specified in that
notification.

(15) With a view to ensuring proper enforcement of the building by-laws, it is proposed that the Municipal Commissioner's powers is
regard to 'Building Regulations' shall be subject to the general superintendent direction and control of the Central Government.

(16) A Finance Commission is proposed to be setup to review the financial position of the Corporation and to make recommendations
to the Administrator on the Principles which should govern (a) the distribution between the National Capital Territory of Delhi and the
Corporation of

547 Delhi Municipal Corporation (Amendment) Bill

[Sh. Manvendra Shah]

the net proceeds of the taxes, duties and other receipts; (b) the assignment to or appropriation by the corporation of the taxes, duties,
etc.,; and (c) the grants-in aid to the Corporation.

(17) An Election Commission for the National Capital Territory of Delhi is proposed to be set up to supervise the preparation and
revision of electoral rolls and to conduct elections to the corporation. However, the delimitation of wards will continue to be done by
the Government.
(18) Any dispute arising on the disqualification of a Councillor shall be decided by the Administrator on the basis of the advice
obtained from the Election Commission of Delhi.

(19) An elected Councillor will not be a member of both the Corporation and the Parliament Legislative Assembly at the same time., I
have no doubt that this bill will go along way to satisfy the demands of the resident of Delhi for better municipal administration.

take this opportunity to place on record our appreciation of the valuable work done by the Balakrishnan Committee or Reorganisation
of Delhi.

with these words, Sir, I commend this Bill to this august House for approval.

MR. CHAIRMAN: Motion moved:

"That the Bill further to amend the Delhi Municipal Corporation Act, 1957, be taken into consideration."'

[English]

MR. CHAIRMAN: Now, we shall take up the , discussion under Rule 193 about flood in various parts of the country. Shri Nitish
Kumar.

548 Discussion Under Rule 193

16.07 hrs.

[NEXT PAGE]