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DELHI ADMINISTRATION ACT, 1966
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:—
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called THE DELHI ADMINISTRATION ACT, 1966.
2(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates a may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
SECTION 02: DEFINITION
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;
(c) "Constituency" means a constituency provided by order made under Section 4-for the purpose of elections to the Metropolitan Council;
(d) "Delhi" means the Union Territory of Delhi;
(e) "Election Commission" means the Election Commission 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 described in the First Schedule to the Delhi Municipal Corporation Act, 1957;
(i) "Official Gazette" means the Official Gazette of Delhi:
(j) "Scheduled Castes" means any of the Scheduled Castes specified in Part 1 of the Schedule to the Constitution (Scheduled Castes) (Union Territories) Order, 1951.
SECTION 03: CONSTITUTION OF METROPOLITAN COUNCIL
(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 constituencies 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 members of the Metropolitan Council.
3(4) Seats shall be reserved for the scheduled castes in the Metropolitan 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 ceasea 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.
1(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 published : Provided that the reference in this sub-section to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.
OBJECTS AND REASONS "Clause 3.— This clause provides for the constitution of a Metropolitan Council for Delhi. It is proposed that the number of seats in the Council to be filled by persons chosen by direct election shall be forty-two which Is multiple of the seven Parliamentary constituencies into which Delhi is proposed to be divided under clause 36. Further, pro- vision has been made to empower the Central Government to nominate not more than five members to the Council. Provision has also been made in this clause for reservation of seats for members of the scheduled castes in the Metropolitan Council on population basis according to the last preceding census of which the relevant figures have been published.'—S O R.. Gaz. of Ind„ 18-11- 1965. Pt. II, S 2 Ext„ p. 1108. "Clause 3.— The Committee are of the view that the number of seats in the Metropolitan Council to be filled by persons Chosen by direct election from territorial constituencies should be raised from forty- two to forty nine." —J. C, R.. Gaz. of Ind„ Extra., D/- 9-5-1966, Pt. II, S. 2, p. 306. shall be divided and the extent of
SECTION 04: DELIMITATION OF CONSTITUENCIES
(1) 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 (1), 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 provisions of sub -sec. (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 further considered by it;
(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;
(c) make an order delimiting the constituencies specifying 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 section shall not be called in question in any Court.
6(6) For the removal of doubts, it is hereby declared that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the division of Delhi into constituencies under this section.".]
OBJECTS AND REASONS "Clauses 4 and 5.— These clauses pro- vide for the delimitation of the 42 single- member Metropolitan Council constituencies and determination of the number of seats to be reserved for scheduled castes and the constituencies In which these seats are to be reserved. This function is sought to be entrusted to the Election Commission who will be assisted by three members of the Interim Metropolitan Council"—S.O.R., Gaz. of Ind., 18-11-1965, Pt. II, S. 2, Ext„ p. 1108. "Clause 4.— The Committee are of the view that In the task of delimiting constituencies for the purpose of elections to the Metropolitan Council and of specifying constituencies to which seats should be reserved for scheduled castes, the Election Com- mission should associate with Itself all the members of Lok Sabha representing Delhi. It should not be left to the Central Government to nominate any three members of the interim Metropolitan Council for this purpose."—.T. C. R., GaZ. of Ind., Extra, D/- 9-5-
1966, Pt. II. S. 2, p. 306.
SECTION 05: POWER TO RECTIFY PRINTING MISTAKES, ETC
The Election Commission may, from time to time, by notification 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 0mission. [of Civil Procedure Code (1908), S. 152-]OBJECTS AND REASONS See under section 4-
SECTION 06: QUALIFICATION LOR MEMBERSHIP
A person shall not be qualified a to4be chosen to fill a seat in the Metropolitan Council unless he—
(a) is an elector for any constituency and makes and subscribes 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
(c) in the case of a constituency reserved for the scheduled castes,5is also a member of any of those castes.
OBJECTS AND REASONS "Clause 6.— The qualifications for membership of the Metropolitan Council prescribed In this clause are the same as those pre- scribed for membership of the Legislative Assemblies constituted in certain Union Territories under the Government of Union Territories Act, 1963"-S. O.R., Gaz. of Ind., 18-11-1965. Pt. II Section 2, Ext„ p. 1108.
SECTION 07: ELECTORS AND ELECTORAL ROLLS
(1) The persons entitled to vote at election of members shall be the persons entitled, by virtue of the provisions of the Constitution and the Representation of the People Act, 1950-, to be registered as voters at election to the House of the People.
(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 the constituency for the purposes of this Act.
OBJECTS AND REASONS Clauses 7 and 8.— These clauses provide persons entitled to vote at elections to Lok Sabha shall be the voters at the election to the Metropolitan Council and that the relevant portion of the roll for the Parliamentary constituency shall be the electoral roll for a Metropolitan Council constituency."—.S. 0. R„ Gaz. of Ind., 18-11- 1965, Pt. II S. 2, Ext „ p. 1108.
SECTION 08: RIGHT TO VOTE
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.
SECTION 09: ELECTION TO METROPOLITAN COUNCIL
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 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. OBJECTS AND REASONS "Clause 9.— This clause provides for the Representation ofthe People Act, 1951-, and rules thereunder being followed with necessary adaptations for the purpose of elections to the Metropolitan Council."—S. O. R., Gaz. of Ind.. 18-11-1965, Pt. II S. 2, Ext., p. 1108.
SECTION 10: DURATION OF METROPOLITAN COUNCIL
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 for a period not exceeding one year at a time and not ex- tending in any case beyond a period of six months after the Proclamation has ceased to operate. OBJECTS AND REASONS "Clause 10.— The term of the Metropolitan Council prescribed in this clause is the same as that prescribed in respect of Legislative Assemblies of Union Territories constituted under the Government of Union Territories Act, 1963"—S. O. R., Gaz. of Ind., 18-11-1965, Pt. II, Section 2. Ext., p. 1108.
SECTION 11: SESSIONS OF METROPOLITAN COUNCIL, PROROGATION AND DISSOLUTION
(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 Metropolitan Council.
SECTION 12: THE CHAIRMAN AND DEPUTY CHAIRMAN OF THE METROPOLITAN COUNCIL
(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, resign his office; and
(c) may be removed from his office by a resolution of the Metropolitan Council passed by a majority of all the then members: 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 immediately 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. See Constitution of India, Articles 182-,183-and184- ;Government of Union Territories Act, 1963 (20 of 1963), S. 7-.]
OBJECTS AND REASONS "Clause 12 and 13.— Clause 12 provides for the election of a member of the Council as its Chairman and other terms of his office. Clause 13 lays down the procedure for considering any resolution for the removal of the Chairman. These clauses follow the corresponding provisions relating to the Speaker made in the Government of Union Territories Act, 1963"—S. O. R. , Gaz. of Ind., 18-11-1965, Pt. II-Section 2, Ext., page 1108. "Clause 12.— The clause has been redrafted to provide for, besides the Chairman, a Deputy Chairman of the Metropolitan Council."—J.C.R. of Ind., Extra, D/- 9-5-1966, Pt. II, S. 2. p. 307.
SECTION 13: CHAIRMAN NOT TO PRESIDE WHILE A RESOLUTION FOR HIS REMOVAL FROM OFFICE ISUNDER CONSIDERATION
(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 otherwise to take part in the proceedings of, the Metropolitan Council while any resolution for his removal from office is under consideration and shall, notwithstanding any- thing in Section 17-, be entitled to vote only in the first instance on such re- solution or on any other matter during such proceedings, but not in the case of an equality of votes. [of Government of Union Territories Act, 1963 (20 of 1963), Section 8-.]
OBJECTS AND REASONS See under Section 12-
SECTION 14: RIGHT OF ADMINISTRATOR TO ATTEND AND ADDRESS MEETINGS OF METROPOLI- TANCOUNCIL
The Administrator may attend and address any meeting of the Metropolitan Council and may for that purpose require the attendance of members, [of Government of Union Territories Act, 1963 (20 of 1963), S. 9-]OBJECTS AND REASONS Clause 14. — The clause has been amended to provide that the Administrator may require the attendance of members for the purpose of attending and addressing a meeting of the Metropolitan Council."—J. C. R„ Gaz. of Ind., Extra, D/- 9-5-1966, Pt. II, Section 2, p. 307.
SECTION 15: RIGHTS OF MEMBERS OF EXECUTIVE COUNCIL AS RESPECTS METROPOLITAN COUNCIL
— 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. [of Government of Union Territories Act, 1963 (20 of 1963), Section 10-)OBJECTS AND REASONS "Clauses 15 and 16.— These relate to oath or affirmation by the members and the voting procedure in the Metropolitan Council and follow corresponding provisions made in respect of Legislative Assemblies under the Government of Union Territories Act, 1963-"—S. O. R. Gaz. of Ind., 18-11-1965, Pt. 11-Sec. 2, Ext., p. 1108. "New Clause 15.— This clause has been add- ed to specifically provide that 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 thereof, of which he may be named a member."—J. C. R., Gaz. of lnd., Extra, D/- 9-5-1966, Pt. II, Sec. 2, page 307.
SECTION 16: OATH OR AFFIRMATION BY MEMBERS
(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. [of Government of Union Territories Act, 1963 (20 of 1963), Section 11-.]
SECTION 17: VOTING IN METROPOLITAN COUNCIL
(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 notwithstanding any vacancy in the membership thereof, and any proceedings in the Metropolitan Council shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(4) The quorum to constitute a meeting of the Metropolitan 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 suspend the meeting until there is a quorum. [of Government of Union Territories Act, 1963 (20 of 1963), Section 12-.]
SECTION 18: VACATION OF SEATS
(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 Municipal 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—
(a) 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, without permission of the Metropolitan Council, absent from all meetings thereof, the Metropolitan Council may declare his seat vacant. [of Government of Union Territories Act, 1963 (20 of 1963), Section 13-.)
OBJECTS AND REASONS "Clause 17 (now S. 18).— This clause apart from prohibiting simultaneous membership of Parliament and Metropolitan Council also prohibits simultaneous membership of Metropolitan Council and the Delhi Municipal Corporation sub-clauses (2) and (8) of this clause further specify the circumstances in which a member's seat may fall vacant."— S. O. R., Gaz. of Ind., 18-11-1965, Pt. II-Section 2, Ext., p. 1108.
SECTION 19: DISQUALIFICATIONS FOR MEMBERSHIP
(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 President shall obtain the opinion of the Election Commission and shall act according to such opinion. [of Government of Union Territories Act, 1963 (20 of 1963), Section 14-.]
SECTION 20: POWERS, PRIVILEGEG, ETC., OF MEMBERS
(1) Subject to the provisions of this Act and 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 Metropolitan 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 (1) 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 Commit- tee thereof as they apply in relation to members. [of Government of Union Territories Act, 1963 (20 of 1963), Section 16-.]
OBJECTS AND REASONS Clause 20 (Original Clause 19).— Sub- Clause (3) has been added to make the pro- visions regarding powers and privileges applicable to persons who 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."—J.C. R., Gaz. of Ind., Extra. D/- 9-5-1966, Pt. II, S. 2, p. 307,
SECTION 21: SALARIES AND ALLOWANCES OF MEMBERS
Members shall be entitled to receive such salaries and allowances as the President may, by order, determine
SECTION 22: FUNCTIONS OF METROPOLITAN COUNCIL
(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 tar as they re- late to Delhi, namely:—
(a) 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 (hereafter referred to as 'the State List' and 'the Concurrent List');
(b) proposals for extension to Delhi of any enactment in force in a State relatable to any matter enumerated in the State List or the Concurrent List;
(c) proposals for legislation referred to it by the Administrator with respect to any of the matters enumerated in the State List or the Concurrent List;
(d) the estimated receipts and expenditure pertaining to Delhi to be credited to, and to be made from, the Consolidated Fund of India and not - withstanding anything contained in the Delhi Development Act, 1957 , the estimated receipts and expenditure of the Delhi Development Authority;
(e) matters of administration involving general policy and schemes of development in so far as they relate to matters enumerated 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 having been duly considered by the Executive Council, shall, wherever necessary, be for- warded by the Administrator to the Central Government with the views, if any, expressed thereon by the Executive Council. [of Government of Union Territories Act, 1963 (20 of 1963), Section 18-.]
OBJECTS AND REASONS "Clause 21 (now S. 22).— This enumerates the various matters which will come up for discussion before the Metropolitan Council and also provides that the recommendations made by the Metropolitan Council shall be duly considered by the Executive Council. Wherever necessary, the Administrator will forward the recommendations to the Central Government with the views, if any, express- ed thereon by the Executive Council,"— Gazette of Ind., 18-11-1965, Pt. II, Section 2, Ext., p. 1110.
SECTION 23: RIGHT OF MEMBERS TO ASK QUESTIONS
Subject to the rules regulating the procedure of the Metropolitan Council, a member shall have 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-
SECTION 24: RULES OF PROCEDURE
(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 Chair- man of the Metropolitan Council and with the approval of the President, make rules for prohibiting the discussion of, or regulating the asking of questions on any matter which affects the discharge of his functions in so far as is required by or under this Act to act in his discretion. or by or under any law to exercise judicial or quasi-judicial functions and. if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan 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 regulated by such rules as the Administrator may make in this behalf. [of Government of Union Territories Act, 1963 (20 of 1963), S. 33-.]
OBJECTS AND REASONS "Clause 23 (now S. 24).— This clause empowers the Metropolitan Council to make rules regulating its procedure and the con- duct of its business. The Administrator Is, however, empowered to make rules, with the approval of the President for prohibiting the discussion .of or regulating the asking of questions on matters which affect the discharge of his functions in so far as he is required to act in his discretion, or to exercise under the law judicial or quasi-judicial functions. Until rules are made in this be- half, the procedure and conduct of the business of the Metropolitan Council Will be regulated by the rules made by the Administrator."—S. O.R.. Gazette of India D/- 18-11-1965, Pt.II, Sec. 2, Ext., p. 1111. "Clause 24 (original clause 23).— The Committee are of the view that the Administrator should consult the Chairman of the Metropolitan Council before making rules with the approval of the President, for prohibiting discussion of, or regulating the asking of questions on, any matter which affects the discharge of his functions in so far as he Is required to act in his discretion or to exercise judicial or quasi-judicial function."—J.C.R., Gazette of India, Extra, 9-5- 1966, Pt. II, S. 2, p. 367.
SECTION 25: RESTRICTION ON DISCUSSION IN METROPOLITAN COUNCIL
— 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. [See Art. 120 of the Constitution of India-;Government of Union Territories Act, 1963 (20 of 1963), Section 36-]
SECTION 26: COURTS NOT TO INQUIRE INTO PROCEEDINGS OF METROPOLITAN COUNCIL
(1) The validity of any proceedings in the Metropolitan Council shall not be called in question on the ground of any alleged irregularity 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. [of Government of Union Territories Act, 1963 (20 of 1963), S. 37-.]
SECTION 27: EXECUTIVE COUNCIL
(1) There shall be an Executive Council consisting of not more than four members one of whom shall be designated as the Chief Executive Councill or and others as the Executive Councilors, 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 Administrator 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 competent 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 as 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
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