 oorjiig~jda to th:~ d~nj~ii adt·uttldthation bill, 1965 (rq bp/as intrqquced in lok sabha)1 - :page 5, line 1 3 -:-fqr "l::t te it a?cd " nato" 2 - png(' 5, line 20,-3 page 5, :i'le 37,-4 page 13, lines 17 ~nd 18,-5 p~ge 14, line 26,-aftpr "ao ttl insq rt " ti - 6 - page 1 5, li~l e 1 7, -"j!o s1,~ ry: _~!lt)1~j!,r~') f gqi" solcm_ylly nffinn 7 page 15, line 33,-fqr "jlq s1xc=tr i'1 the nru;le of god",~ad­e nly ffi m udo s~'le:lr _in~l~nome of god" solc'!i1~'lly affj rill 8 prt;e! 21, linf'" i) frorl bottoto,-for "non-rpcurrin'c:)" r~~\d "(non-recurrine)" 9 correct line rwr;1'be rs on r i '1 "1'(~  15 new dbl1ii; ii o'flem be r 1 7 - 1 96 5 kartikn 26, 1887 (;jf\l,:·-~)  bill no 72 of 1963 the deli-ii administration bill, 1965 arrangement of clausesclauses  part i preliminary1 short title and commencement 2 definitions  part ii metropolitan councn3 constitution of metropolitan council 4 delimitation of constituencies 5 power to rectify printing mistakes, etc - 6 qualification for membership 7 electors and electoral rolls 8 right to vote 9 election to metropolitan council 10 duration of metropolitan council 11 sessions of metropolitan council, prorogation and dissolution 12 the chairman 13 chairman not to preside while a resolution for his removal from office is under consideration 14 right of administratur to attend and address meetings of metropolitan council 15 oath or-'amrmation by members 16 voting in metropolitan council 17 vacation of seats 18 disqualifications ·for membership 19 powers, privileges, etc, of members 1688(b) ~1 -  claus~20 symes and allowances of members 21 f~ctions of metropolitan council 22 right of-memllento-ask:-questions 23 rules of procedure 24 language to be used in metropolitan council 25 restriction on discussion in metropolitan cotmcil 26 courts not to inquire into proceedings of metropolitan coun'cil  part iti -, tim administrator's executive coukcil27 executive council 28 other provisions as to members of executive council 29 conduct of business  part iv miscellaneous and transitional provisions30  -31 32 33 m 35 36 37 relation of administrator and members of executive council to president provision in case of failure of constitutional machtnei"y provisions as to interim metropolitan council interim executive council - contracts and suits amendment of act 43 of 1950 amendment of act 20 of 1963 powers of president to remove difbculties  the schedule billto 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 preliminarys 1 (1) this act may be called the delhi administration act, 1965 ~ ~~ - menee-(2) it shall·come into force on such date as the central govern- ment ment may, by notification in the oftlcial gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to 10 the commencement of this act shall be construed as a reference to the coming into force of that provision deftnitions 2 in this act, unless the context otherwise requires,-(4) "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 s made under section 4 for the purpose of elections to the metropolitan council; (d) "delhi" means the ~nion territory of delhi; (e) "election commission" means the election commission ~ppointed by the president under article 324; 10 (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 is govl:rnment may, by notification in the offtclal gazette, specify; ( i) "official gazette" means the officiel gazette of delhi; castes (sche-20 (j) "scheduled castes" means any of the sch~uled speciiied in part i of the schedule to the constitution duled castes) (union territories) order, 1951  partll metropolit~ council3 (1) ~here shall be a metropolitan council for delhi constitution ot metropolitan council (2) the total number of seats in the metropolitan council to be :il!ed by persons chosen by direct election from territorial consti- 25 tuencies f:hall be forty-two (3) the central government may nominate not more than five pcrso!ls, not being persons in the service of government, to be members of the metropolitan council (4) seats shall be reserved for the scheduled castes in the metro- 30 politan council and the number of such seats shall bear, as nearly as mlly be, the same proportion to the total number of seats in the m2tropolitan  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 35 in the metropolitan council shall ceese to have effect on the lame date on' which the reservation of leats for' the lcheduled cutes in the house of th~ people ahall cease to have effect under article 334, but such cesser shall not affect any representatlon-ofthe--bcheduled--'------castes in the metropolitan council untu the dusolution 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 preceding census of which the relevant figures have been pubhshed 4 (l) for the purpose of elections to the metropolitan council, delimit-10 delhi shall be divided into single-member constitu~ncies in such ::~r:wu: manner that the population of each of the constituencies shall, so cies far 88 practicable, be the same throughout delhi (2) for the purpose of giving eftect to the provisions of su'bsection (1), the, election commission shall determine in the manner is hereinafter prowded-20 (a) the constituencies into which delhi shan 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 provisions of bu~section (4) of section 3 and the constituencies in which these seats shan be so reserved (3) for the purpose of assisting the electio~ commission in the performance of its functions under sub-section (2), the commission shall associate with itself such three persons, being persona who are 2s members of the interim metropolitan council, 88 the central government shall by· order specify:  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-30 (a) publish its proposals in regard to matters mentioned in sub-section (2) in the ofti~ial gazette together with a notice specifying the date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may ,3s have been received by it before the date so specified, and for the pu~be 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 section shall not be called in question in any court power to rectify printinl mistakel, etc 5 the election commission may, from time to time, by notifica- s 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 omiuion  - i 6 a person shall not be qualifted to be chosen to ftll a seat in -lhe metropolitan council unless he-10 :: _,,,{lifteation for member-ihip (a) is an elector for any constituency and makes and subscribes before some person authorised in that behah 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 is (c) in the case of a constituency reserved for the scheduled castes, is also a member of any of those castes electors 7 (1) the persons entitled to vote at election of members shall and elecbe the persons entitled, by virtue of the provisions of the constitutoral rolls tion and the representation of the people act, 1950, to ,be registered 20 43 of as voters at elections to the house of the people 1950 (2) so much of the electoral roll for any parliamentary constituency 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 zs right to \::l1;e ~ ~   '  8 every person whose name is, for the time being, entered in the electoral roll of a constituency shall be entiljed to vote at the election of a member from that constituency election to metro- poutan council 9 the provisions of part i and parts iii to xi of the representation of the people act, 1951 and of any rules and orders made 30 43 of thereunder, for the time being in force, shall apply in relation to an 1951 election to the metlropolltan council, as they apply in relation to an election to the legis~tive assembly of a state, subject to such modifications as the central government may, after consultation with the election commission, by order direct 35 10 the metropolitan council, unless sooner dissolved, shan duration , of metrocontinue for five years from the date appointed for its first meeting pojitan - __ and no 10nge!',jllldjhe j~l[piration of the said period of five years shall councll operate as a dissolution of the metropolitan council: s provided tb4t the said period may, while a proclamation of emergency issued under clause (1) of article 3~2 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 10 11 (l ~ the administrator shall, frclm time to time, summon the ~=-metropolitan council to meet at such time and place as he thinks poutan fit, but six months shall not intervene '~een its last sitting in council one ,session and the late appointed for its first sitting in the next ~~ session diuolutioll is (2) the administ4-ator may, from time to time-(a) prorogue the metropolitan council; i'  -  (b) with the approval of the presiden~, dissolve the metropolitan council 12 (1) the metropolitan council shall, as soon as may be, choose the chair-20 a member to be the chairman thereof and, so often as the office of man 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; 2s (b) may at any time by writing under his hand addressed to the administrator resign his oftlce; (c) may be removed from his oftlce by a resolution passed by a majority of all the then members of the metropolitan council: 3() provided that no resolution for tbe 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-3s ately before the first meeting of the metropolitan council after the dissolution (3) while the office of the 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 coudcil, such person as may be determined by the rules - of procedure of the' metropolitan -councll, or, if no such person is present, such other person _ may be deterdlined by the metropoli-tan councll, shall act as chairman , (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 chairman 13 (1) at any sitting of the metropolitan council, while any :~lde resolution for the removal of the chairman ~rom his office is under 10 while a consideration, the chairman shall not, though he is present, preside r~u~  for his and the provisions of sub-section (4) of section 12 shall apply m re-:v!at lation to every such sitting as they apply in relation to a sitting from ia under ce which the chairman is absent conaideration (2) the chairman shall have a right to speak in, and otherwise is to take part in the proceedings of, the metropolitan council while any resolution for his removal from oftlee 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 14 the administrator may attend and address any meeting of the metropolitan council , ~~fnff atrator to attend and addresa meetings of metropolitan council oath or 15 (1) every member shall, before taking his seat, make and afilrmation subscribe before the administrator, or some pemon appointed in that ~~embehalf -by him, an oath or aftirmation according to the form set out 2s for the purpose in the schedule (2) if a person sits or votes as a member before he has complied with the requirement of sab-s~ction (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 30 penalty of' five hundred rupe5 to be recovered as, a debt due to the ~~  16 (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 votihg other than the 3s chaimlan or person acting as such voting in metro_ politan coudcll (2) the chairman or person acting as' such shall not vote in the ftrst 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 notwtth  , 5 standing any vacancy in the membership thereof, and any 'proceedings in the metropolitan council shall be valid notwithstanding that it iii discovered subsequently that some person who was not entitled 80 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' i '  of eats  (a) both of parliament and of the metropolitan council, or i - (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 iddia or in the omdal 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 metropo~itan council and ) 2s (ii) in a case referred to in clau~ (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-! !i , i 30 (a) lbecomes subject to any disqualification mentioned in sub-section (1) of section 18, 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-35 out permission of the metropolitan council, absent from all meetings thereof, the m~ropolitan council may declare his seat vacut 1688 (b) ls 2 fhlqua-~ (1) a person shall be disqualified for being choten _, ad fot _ :"~_beinl' aj:llember of the metropolitan council if he ii for the time hnhip being c:usqualified for being chosen as, and for being, °a member of either house of parliament under any of th~ provisions of article 102 fir ~t any law ttlade in pursuance of that article 5 (2) for the purpoael of this section, a person shall not be deemed to bold an ollee 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 djsquahfied for being such a membex: under the provisloll8 of sub- 10 aect!on (1), the question shall be referred far _ tm ~~ of the  preaident and his decision shall be final (4) before giving any decision on any such question, the president shall obtain the opinion of the election c(~)ulinission and shall act according to such opinion j s =- 19 (l) subject to the provisions of this act and to the rules and  eta~ __ ~~ing orders regulating the procedure of the metropolitan council, m~j;ier& there shall be freedom ~f speech in the metropolitan council (2) no member shall be liable to any proceedings in any court in reipeet of anything said or any vote given by him in the metropo- 20 utan council or any committee thereof, and no person shan be 80 ~ in respect of the publication by or under the autbority of the  i!jetropolitan council of any report, paper, votes or proceedings zoo memben had be entitlecl to receive sueh salaries and adow-~es ~ the president- may, by order, determine 2s 2l (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 fflr as they relate to delhi, namely:-i'udctiou of metropoutan coundl (a) proposals for undertaking legislation with respect to any 30 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 (hereafter referred to as the state list and the concurrent list); (b) proposals for extension to delhi of any enactment in 3s force in a state relatable to any matter enumerated in the state list or the concurrent list; - (e) proposals jor legislation referred to it hi the a_'nl tratol'- with respect to any of the matten enumerated in the ~-statelist or the_concurrent list; (d) the estimated receipts and expenditure pertaining to , delhi which are to be credited to, or is to be met from, the consolidated fund of india; (e) matters of administration involving general poliey and schemes of development in so far as they relate to mattera enum~rated in the state list· or the concurrent list; 10 (f) any other matter referred to it by the administrator  : i~~ therecommendatiol'1l of the metropolitan council, after having been duly codlidered by the executive cowlcu, shau, wherever aeceuary, be forwarded by the administntor tb the' cen~  government with the views, if any, expressed thereon by ~ i:ke-is cutive council 22 subject to the rules regulating the procedure of the metropo-=: lltan council, a member shall have the right to ask questions on any _"ro,-matter in so far as it fads within the purvi~ of the metropolitan  council under su·b-section (1) of sj!ctlon 21  ' 2c> 23 (1) the metropou!an council may make rules for reguiatb)g, rulei at sllbjec to the provisions of tl-ls act, its procedure and the cqnduet of procedure its business: 1' provided that the administrator shall, with the approval' of the president, make rules for prohibiting the discussion of, or regulatlng as the asking of questions on, any matter which affects the diseli8rp of his funetions 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 judicial or qu8ifjudicial functions and, if and in so far as any rule so made by the administrator is inconsistent with any rule made by th~ mettopoutan 30 council, the rule made by the ~dministrator shall prevail (2) until rules are made under 8u~tion (1), the proceclj,lre and conduct of business of the metropolitan council shall be it:gu-lated by such rules as the administrator may make in this behalf z4 the business in the metropolitan council shall be transacted ~ 3s in hindi or in english:  t:ve: previded that the chairman of the metropolitan councilor penon ~, acting as such, as the case may be, may permit any member who cannot adequately express himself in either of t~ i~~guages afg~~c1 w address the councll in his x:nqt~~~  tonfuet ' , -beitric-' ill no discussion ihall take place in the! metropolitan c~ci1 tlon on  with respect to the conduct of any judge of the sup~me court or of !:tod-a_~gh court in the discharge of his duties - __ iii ''; ~'nl' , jietitopc)-~ i i 1ltan coud d-couit z6 (1) the vaudity of any proceedings in the metropolitan coun-=~ clt shan not be called in question on the ground of any alleged irre-s =e ~rity of ~ure1 , ot metro-(2) no ofticer or member of the metropolitan council in whom ~=  powers are vest~'" hy or under this act for regulating procedure or · the"conduct of business, or for maintaining order in the council shall be'lubject to the jurisdiction of any court in respect of the exercise 10 by him of those powers   partmj'" tm: adminisirator's edcutive council =ve  ;  ~~t(l) ~ere:~hau he • ~,~ttve cou~i, egdsistm, of not · more than' four members to assist and advise th~ administrator in 15 the exerdse of his fundiods in relatiod to matters eaamerated in i - : the state list or the concurrent list, n:~ept in so far al he is required ii· ,iiy or under this ad to exercise his functions or any of them in hb  dik:ietion or hy or antler any law to exerdse ady judldal or quaal judldal fan~tlods: '  ":'  20 ' -:" provided that, in case of difterence of opinion between the ac:imii ,n1s1ntor ~d the'members of the executive council en any matter, other tban a matter in respect of which he is required by ~ 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 _25 thereon by the president, and pending such decision, it shan be competent for the administrator in any case wh~re 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 as he' deems necessa!):' ' {  ~  provided further that every decision taken by a member of the executive council or by the :mxecutive council in relation to any matter concerning new delhi shall be subiect to the concurrence of the administrator, and nothinlt in this sub-section shall be construed as prhtenting the administrator in case of any difference of cminion 35 · b~tween him and the members of the executivp council from taking any action in respect of the administration of new delhi as he, in his discretion, considers necessary - (i) the administrator shall preside at every meeting of the executive councu, but if he is obuged to absent himself from any meet-____ , __ tng of the council owing to illness or any other c,use, the senior-most member of the executive councu 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 foree, and with respect to such other matters as the president may from time to time specify in this behaif, 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 rny matter is or is not a matter as respects which th~ administrator is required bv or under any law to exercise any judicial or quasi-judicial functions, the decision of the administrator thereon shall be final ' (6) if any question arises as to whether any matter is or is not 20 a matter c<'dcerning n ew delhi,~ lhe decision of the administrator thereon shall be final (7) the questibn whether any, and if so, what advice was tendered by any member of tire executive council to the administrator shall not be enquired into in any court 25 28 (1) 'l11e members of the executive council shall be appointed ~o:rby the president sions as tomem-(2) the members of the executive council shall hold oftlce dur- ~ ing the pleasure of the preside~t _ counc:11:ve (3) before a member of the executive council enters upon his 30 oftlce, the administrator shah administer to him the oaths of oftlce 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 counen 35 shall at the expiration of that period, cease to be a m~mber of the ) ~utiv~ c()w1!cu (5), the  lades u a1lowane of the memben of the bsec:utivc comadl ihall be such, as the presiclent iday, by order, determine 29 (1) the preiident shall inake rules---- --- ----- -- -ccmduct olbuoli-dell (4) 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 10 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 is (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 oraer or 20 instrument made or executed by the administrator  part ivrelation 30 notwithstanding anything in this act, ~he administrator and ~j!1!trathe members of the executive council shall be under the general 25 wrand  control of, and comply with such particular directions, if any, as may 3l if the president, on receipt of a report from the administrator or otherwise, is satisftedot~bers from time to time be given by, the president ~ecutivecoun_ duo president provision -incaseot failure of constitutional maclrl-dmy (a) that a situation has arisen in which the administr:atlon 30 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 necessary or expedient so to do, the president, may, by order, suspend the operation of all or any of 35 the provisions of this act for such period as he thinks ftt i and make - such incidental and consequential provisions ~ may appear to him to be necessary or expedient for administering delhi in accordance ------with the provisions of article 239 , 3z (1) until a metropoutan council has been duly constituted pr~od8 5 and summoned to meet for the flnt aeuion under the provwodi of ~terjm pari d , thil act, there shall be ad interim metropolitan coudcu tt:pocoull" af-councll (4) forty-two members elected· by the members of the electoral college fol""'1)elhi, as in existence immediately before the 10 commencement of this act, in accordance wit~ t'\! las made by the central govermnent in thi~ behalf, such elections being held in 'accordance with' the sytem of proportional !l"epresentation by mt:ans of the single transferable vote, and (b) not more tha~ five members, not being persons in the is service of government, nominated by the central government (2) no person &hall be qualified to be chosen as a member of the interim metropolitan council unless he is an elector for any parliamentary 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 metropolitan council duly constituted under this act (4) election by the members of' the electoral collete for delhi under sub-section (1) shall not' be called in question on the ground 25 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 , applr in relation to the metr'lpolitan council conc:tituted under and 30 in accordance with the provisions of that part 33 (1) notwithstandinl any thin, contained in part 01, the interim president may appoint such memben of the interim metropoutan executive councu, not exceedina- four in number, as he thinks fit to be the council members of the interim executive councu 3' (2) the members of the interim executive council shall hold ofbce during the pleasure of the president  - (3) a member of the interim executive council shan 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 conferred by the' provisions of this act on the members of the executive council, (b) be entitled to lueh sa1aries and uowane81  the pl'esid&~'  may, by order, determine 10  h for the removal of doubts it is hereby d~ that- contracts andsuiu(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 ~elhi shall be instituted by or against the government of india  35 in the rl:presentation of the people act, 1950, in section 27a, for sub-section (3), the following sub-section shall be substituted, namely:-20 amendmentof act 4301 1900 "(3) the electoral college for the union territory of delhi shall consist of the elected members of the metropolitan council constituted for that territory under the delhi administration act, 1965 and until that council is constituted, the electoral college shall consist of the elected members' of the interim 2s metropolitan council constituted under that act" amend-jiu  ;t of act 20 of 1963 36  1n the government of union territories act, 1963, in dause (a) of sub-section (2) of section 41, for the words "the total namber thereof remaininl the same;" the words and ftpres "the number heln, 7, 4, 2 and 2;" shall be substituted powers  37 if any difficulty arises in giving effect to the provisions of of presithis act and, in particular in relation to the constitution of the dent to interim metropolitan council, the president may, by order, do remove   difbculties anything not inconsistent with the provisions of this act which appear to him to be necessary or expedient for the purpo~e  of 35 removing the di1rculty , :  _ :_' _ i~;_ i ~ _~~ l  forms of oa'j'hs or affirmations is form or oath ob arnuiation to be made by a candida'l'ii poll elbction to till: ml:taopolltax council -ui, ab, having been nominated as a candidate to flll ~ seat in 10 the metropolitan council of delhi ~wcir in the didlc of god that i wul :r -loled1dly iiiiir bear true faith and allegiance toule' constitution of india as by law established and that i wilf uphold the sovereignty and lntepity of india" n ,  15 form or oath or alit:tbmation to be made by a mana or till: metaopolitan council , , ' cel, ab, having been el~t~d (or nominated) a member of the metropolitan council of delhi in the' eo god that i wll1 h) 1 emilly idiirm 20 bear true faith and illeglance 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 th~ duty upon which i -am, about to enter" m 25 folu\4 of oath or orncii: fob a mdobll of the exbclrrivb council ui ab, do w:==ofgocl that i will bear true faith and allegiance to the constitution of india as by lawl established, that i wm uphold the sovereign~ and integrity of india, that i will faith-30 fully and conscientiously di:seharge 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" ~" , -iv 35 form of oath of secrecy fob a mdoa or tile exilcutl'vb counca "i ab dowear hi the iwd '1~,o~ god i· that 1 will not djrectly or " jc nly fil cd indirectly communicate or reveal to any person or persoill any matter which shall be brought under my consideration or shall become 40 known to me as a member of the executive council except u may be required for the due dfseharge of my duties aa bueb member"  1188 (b) la i, thta biu has been bjioughtforward with the object of provld1dl for a larger measure of 8iiociatiob of the reprei8dtattvea of the people of the udion territory -01 delhi with the administration oftha territori it leeka ,to ·eltablish a metropolitan council for the entire territory and also an executive councll to a  fit and advise the admidfltrator of the territory - 2 it t intended that el~opl to:2~metropolitan council ihould beheld· at),the ,tilne of the dext general elections the bill, therefore, ~vid  for an interim metropolitan ejouncu -and an interim executive council being constituted until the next general electioll8 are helcl 3 the bdl also leeks to provide that for the, purposes of next general elections the number of par~entary constituenciee for tilel1llioll>temtory of-dejhi'lhau-be raised ':frotilftft to rved 4 at present, the electoral ~llege for delhi, wbich eleetsthe repreiedtatives of the territory in the hajya sabha, 'cgdsiata of 90 memr bers, (e, 80 councj)lors elected to the·delhi municipal corporation and 10 persods elected to the college from the new delhi and delhi cantonment areas the bill providee that in :future the elected members of the metropolitan council and, until the metropolitan council is constituted, the elected members of the interim'metropou-tan council &ball constitute the electoral college 5 ' the 'provisions of the bill are further nplafned in the note on mu  nsw dj:liii; g l nanda ~hc 3n:l n ovembn i 1965 ' ~" • "  i' it·· _ ·: --u--- -ezau s-this clause providett for the codstttutlon of iietropo-jiwl cow,leil for delhi it fa proposed that the num~ of' _18 in the council to be ftlled by persona chosen by direct eleetiod ihall be forty-two which fa multiple of the seven parliamentary codlutualdes into which delhi is proposed to be divided under cia, fur  tber, provision hu been made to empower the central government to nominate not more than five members to the ·e::mcll provfalon has also been made in this clause for reservation of seats for memberl of· the scheduled cast in' the metropolitan coundl on population baiia according to the last preceding census of which the ~~t ft,ure'have been published  '  cl4uae, 4 and 5-these clauses provide for the dwfmitatiod of the c lingle-member metropolitan councu constituenciel and du· mnattoat the, ftuftlbet·of- -eats to"te reservecffor scheduled castel and the constituencies in which these seats are to bereseryect  thii , - f' function is sought to be entrusted to the election cojqmission who will' be assisted ~y 'three memben of the interim metropolitan coud-ed - - claua e-the quali1lcations for membership of the metropolltul council prescribed in this clause are the 88lpe as those presc:rlbe4 for membership of the legislative assemblies constituted in certafn union ~torlea under the gove~ent of union territoriaa act, 1863;' '  clauaa , clnd i-these clauses provide that persons entftiecj te vote at elections to the lok sabha shall be the voters· at the e1ectfcm to the metropolitan ·councu and that the relevant portion of, the !'on· for the parliamentary constituency shall be the electoral rod for a metropolitan· council conltitu~ey ci4uie i-this elauae provides for the repreleatatioo of the p, - pie act, 1951, and r-ules thereunder beidi· followed with nee  r:v adaptations for the purpose of elections to the metropolitan c~ ezcmae lo-the term of the metropolitan council prescribed tb this clause is the same as that prescribed in respect of legillati  assemblies of union territories· constituted under the government of union terrltonea act, 1m3 czcaua 11-tbia uua empowers thc' admlnjstrator to iujdmod the jrletropoutan coudell from time to time and to prorolue it  he can alio d1uolve the counc11 with the approval of the pre8idept -- --, ------------ --- czaule 12 and 13-clause 12 provide for the election of a member of the council as it chairman and other terms of his omce c1a~ 131ays down the procedure for considering any resolution for the removal of the chalrman these clauses follow the corresponding provisions relating to the speaker made in the government of u~on territories act, 1963 clauie 14-thls clause enables the administrator to attend and ad4ress meetlagar~ : ~he metropolitan council cl4ubea 15 and 16-these relate to oath or aftlrmation by the memb~ and the voting procedure in the metropolitan council and follow eortespondlng provisions made tu respect of legislative a&-semblies under the government of union territories act, 1983 - c'z4ue 17-this clause apart from prohibiting simultaneous mem- ~p o( parliament and metropolitan council also prolubita simultaneous membership of metropolitan council and the delhi municipal corporation sub-clauses (z) and (3) of this clause further specify the circumstances in which a member's seat may fall vacant cl4u1e lb-this clause lays down the c:usquallftcatlodl for membership of the met~opolitan counc;1l and generally follows the relevant provisions of section 14 of the government of union territories act, 1963 cz4use 19-this clause provide for the right of· freedom of speech to, and other privileges of, the members of the metropolitan counell  cz4use 20-this clause provides for the salaries and allowances of the members being determined by the president -, ' czaule 21-thls; anumerates the various matters which will come up for discussion before the metropolitan council and also provides that' the recommendations made by the metropolitan counell shall be duly considered by the executive councu wherever necessary, the administrator will forward the recommendations to the central government with the views, if any, expressed thereon ·by the execu  tive council   ci4u1e 22-'l'h1s clause defines the scope' of interpeuatiolll in the metropoutan council  cia", 23-thil clllule empowen the mettolk»uwl  co\uldl to make rules regulating ita procedure and the conduct of ita builnea __ 'l'headmlnlltrator ii- however, empowered to make rulel with the approval of the president for prohibitinj the ,ilicuia1on of, or regulating the asking of questions on, matters which affect the d1icharge of his functions in 10 far as he 1a required to act in hii diicret1on, or to exercise under the law judicial or quasi-judicial  fudcttoda until rules are made in this bebah, the procedure and conduct of the business of the metropolitan council will be regulated by the rules made by the administrator clauae 24-this relates to the language in which the bwdn  of the metropolitan council shall be tranjaeft;~ c'jauae 25-this clause prohibita discuuion in the metropolitan counell in respect of the conduct of any judge of the supreme court or 01 a high court in the cuseharge of his functioda and fonows the cou'esponding provision in the government of union territories act, 1963~ , ' clcluft 26-this clause provides that courts shall not enquire into the proceedings of the metropolitan council and follows the provisions of section 37 of the government of union territories act, 1963: c'lauae 27 to 29-clause 27 provides for the constitution of an executive counell to assist and advise the administrator in the sercise of his functions except when he is required to act in his dis-' cretion or in a judicial or quasi-judicial capacity clause 28 contains other provisions regarding members of the executive councfl and clause 29 relates to the procedure in regard to conduct of it business cl4uaes 30 and 31-these clauses provide that the administrator and the members of his executive coudcn shall be under the general control of, and comply with the directions given by, the president, it also empowers the prestdent to suspend th~ 9peration of all or any of the provisions of the act when it is neeessary or expedient to do so and make other arrangements tor the administration of th union territory of delhi  ,~  ·clauae 32 and ~-these clauses provide that peiufing the -constitution of the metropolitan council and the executive council, an interim metropolitan council and an interim executive council shall be established the interim metropolitan councu w111 codlllt ot fort)'-two members to be elec;ted by the memben of the preaent electoral college for delhi and not more thad ftft ~beri to , ~ by' the prestcfent the interim executive coudcil wid consist' of "not more than four members of the interim metropolitan -,~oundl 'to be' ~ppolnted by ti1e'~dent - cuu&ae k-ttda, clauie aeeb to make it clear that contracts, suits mcl-proceedbtp 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 government it 'follows the corresponding provtmon in section 5& of the government of union territories act, 1983 claue 35-the electoral college for delhi't ~t eontlst8 of eighty eleetec1' members of the delhi municipal corporation and ten persons elected from the ~aa within the new, de1b1i1ud1c1pal comlnittee and' the delhi cantonment board the clauae provides that ~e electoral college for delhi shall, conaist of the elected members of the met,ropolitan council and that until thematropoutad councll is constituted, it shall consist of the elected members of the interim metropolitan council , "' il'rcmie 3&:~"this claus'e'"'provides for an amendment of section 41 (2) (4) of the government of union territories act, 1963 with - view to raise the number of parliamentary constituencies for delhi from flve to seven czaue 3'i-this elauee provides for the removal of dlftlcultlel which may arise in giving ettect to the provisions of the' act clause 3 (1) of the bill provides for theaetung up of a metropoutan' counc1l '~or dejbi, and clause' 27 (1) for codltttution ~' an jlxtieuttye co\dlcll clauses 12(5),' 20 and 28(5) provide, respectively, 'for payment of salaries and allowances to the chairman and the members of 'the metropolitan councll and tbe members of the ~ c:uuve council  clauses 32 and 33 provide that until a metropolltan council has been duly constituted and summoned to meet for the ftrst_~ ~'71 an interim metropolitan counell and an interim beecutive coudcll shall be codf;ituted these clauses also provide for payment of alariel and allowances to the members qf the idterim metrijpolitan council and the interim executive council, xhe emp6h"blture ~ wehialartes and' allowances and other ltxpenditure of ian incidental nature such as staft for the metropolltancouncll and the edcutive council, purchase of motor ears and election to the mettopotitan councu etc, will have to be, ~e~ p-om the cq~oudated natlt'ytnma i'tlie estlmbted expenditure on this account will be about, ra 3~ 79 lakha per annum recurring and ra 2' ~ t8khs, nonrecurring as indicated below:-(ra  in lakhs) (4) salaries and allowances of the four executive councl1lors and the chairman, metropolitan councu and their personai staft, etc (recurring)' "2' 00 (b) sal""s' and allowances of memben of the 'metro-' politan council (recurring) 1'18 (c) purchase of motor cars and ,telephones (oyt scheme) for the four executive councillors and the chairman, metropolitan council, etc non-~) 1~1 | ,(                         | d)     ||----------------------------|--------|| elections to               |        || the                        |        || metropolitan council (once |        || in                         |        || ave                        |        ||                           | years) || and to                     | the    || 1:                         | 35     |clause 36 provides for the number of parliamentary codbtituencias in delhi being raised from five to seven additional expenditure on account of salaries and allowances of the two members who will 'be elected from the two extra parliamentary -conatltuencia will be about ra 24,400 per annum (recurring)  this expenditure wul also have to be met from the consolidated fund of india  | -    | -    ||------|-------|| ~_   |       || ,    |       || ,   |       ||    | ,  |claule 23 of the bill empowers (a) the metropolitan council to make rules for regulatidi its procedure and conduct of ita buifd_; and (b) the admjniltrator to make with the approval of the president, rules for probibitipg the dijcullion at, qr regulating the ukin, of' questions on, any matter which decta the dilcbar,e of hii functiona in so far u he is required by or under this bm to act in hia discretion or by or under any law' to ex"'·1!',~ judicial or quasijudicial functions cia 29 provides for the rulee -regarding the transaction of bulinels with the memben of executive coudcil be1n& made by the president and empowers the administrator to make rules pracribing the manner of authenticating the orden - i8sued in his name clause 32 (1) empowers the central government to make rules for the conduct of elections to the interim metrqpoli~ ,council clause 9 further empowers the central government to make an order specifying the nlo:iiflcations subject to which certain provisions of the representation of the people act, 1951, and any rules end orders mad~ thereunder relating to ,the conduct of elections to the legialativ~ assem'bly of a state shall apply to the cod-duct of elections to the mei:ropoutan council --2 the matters mentioned above are of a procedunl nature and it is difticult to provide for these matters in the bill itself the proposala for delegation of legislative power are thus of a normal  character                                -  -:                              ,-                                        ,                                                       ~ ~"                                                                        ~                                                                                           ,                                                                                                    ··r '  : -        , •• ~ , ~                                                       oj ','  _                _                                4                                                                                                                                                                                                                                                                                                               22                                                                                                                                                                                                                                                                                                             '0 •• r                                                                                                                                                                                                                                                                                                                                                                                                                         ,   extract nom 'l'hb repusdftation of the pioplz act, 1950 (43 or 1950) - • - • - ,27a constitutiod of (3) the electoral college for the union territory of delhi shall electoral - - - - consist of--co1lepa ~'~c~-~e (4) the councillors of the delhi municipal corporation; and ft11ini of rifll  (b) ten persons to represent the areas within the new ::~~_ delhi municipal committee and the delhi cantonment ell of board, to be chosen 'by direct election on the basta of adult states suffrage in accordance with rules made by the central gov- ~=d  ernment in this behalf terrlto-- - - - -  extract nom: 'l'u govankznt or union taarrorms acr, 1963 (20 of 1963)      ,41 - - - - •• i duties (2) it shall also be the duty of the delimitation commiasion- ~:!:; (4) to readjust, on the basis of the latest census figures, the ~ml'_ division of each of the union territories of delhi, himachal pra-od desh, manipur and tripura into paruamentary constituencies, the total number thereof remaining the same; - - - - -  ' 0·, " 1688 [b] ls-4 -------_ -- -- "-"---" a bill  to provide for the administration of the u niod territory of delhi and for matters connected therewith (shri gubtari lal nanda, minisur of home affairs) 