72. Meetings.—
(1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of business.
(2) The Mayor or in his absence the Deputy Mayor may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the total number of councillors 1[and other persons referred to in clause (b) of sub-section (3) of section 3], convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.
73. First meeting of the Corporation after general election.—
The first meeting of the Corporation after a general election shall be held as early as possible after the publication of the results of the election 2*** under section 14 and shall be convened by the Administrator.
74. Notice of meetings and business.—
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each councillor 3[and the persons referred to in clause (b) of sub-section (3) of section 3] at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which a notice has been so given:
Provided that any councillor 4[or the persons referred to in clause (b) of sub-section (3) of section 3] may send or deliver to of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Municipal Secretary shall with all possible despatch take steps to circulate such resolution to every councillor 3[and the persons referred to in clause (b) of sub-section (3) of section 3] in such manner as he may think fit.
75. Quorum.—
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-fifth of the total number of members 5[and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3].
(2) If at any time during a meeting of the Corporation there is no quorum, it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.
76. Presiding officer.—
(1) The Mayor or in his absence, the Deputy Mayor, shall preside at every meeting of the Corporation.
6[(2) In the absence of both the Mayor and Deputy Mayor from the meeting, the members and the persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3 shall elect one from among the councillors to preside.]
(3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
77. Presiding officer at meeting for the election of Mayor.—
Notwithstanding anything contained in section 76—
(a) at a meeting for the election of a Mayor the Administrator shall nominate a councillor 7*** who is not a candidate for such election to preside over the meeting;
(b) if during the election of Mayor it appears that there is an equality of votes between any candidates at such election and that the addition of a vote would entitle any of those candidates to be elected as Mayor, then, the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote.
78. Method of deciding questions.—
(1) Save as otherwise provided in this Act, all matters required to be decided by the Corporation shall be decided by the majority of the votes of the 1[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present and voting.
(2) The voting shall be by show of hands, but the Corporation may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by ballot.
(3) At any meeting, unless voting be demanded by at least four 1[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3], a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be inclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(4) If voting as aforesaid is demanded, the votes of all the 1[members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present who desire to vote shall be taken under the direction of the presiding officer at the meeting and the result of the voting shall be deemed to be the resolution of the Corporation at such meeting.
79. Maintenance of order at, and admission of public to, meetings; withdrawal and suspension of councillors and aldermen—
(1) The Mayor or the person presiding over a meeting shall preserve order threat and shall have all powers necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may direct any councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.
(3) If any councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] from attending the meetings of the Corporation for any period not exceeding fifteen days and the councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] so suspended shall absent himself accordingly:
Provided that the Mayor may at any time decide that such suspension be terminated: Provided further that such suspension shall not debar the suspended councillor 2[or persons referred to in clause (b) of sub-section (3) of section 3] from serving on any committee of the Corporation of which he is a member.
(4) Subject to sub-section (5) every meeting shall be open to the public, unless a majority of the [members and persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private.
(5) The Corporation may make regulations for the purpose of admission of the member of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.
(6) In the case of grave disorder arising in a meeting the Mayor or the person presiding may, if he thinks it necessary to do so, adjourn the meeting to a date specified by him.
80. Councillors or aldermen not to vote on matter in which they are interested.—
No councillor or 4[persons referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] shall vote at a meeting of the Corporation or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally theresidents of Delhi or of any particular ward), which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.
81. Right to attend meetings of the Corporation and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of Delhi.—
1[(1) The Commissioner or any municipal officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the Corporation or any of its Committees, but none of the persons specified herein shall by virtue of this sub-section be entitled to vote in any such meeting.]
(2) A councillor or 2[person referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] may, subject to the provisions of sub-section (3), ask the Commissioner questions on any matter relating to the municipal government of Delhi or the administration of this Act or the functions of any of the municipal authorities.
(3) The right to ask a question shall be governed by the following conditions, namely:—
(a) not less than seven clear days' notice in writing specifying the question shall be given to the Municipal Secretary;
(b) no question shall—
(i) bring in any name or statement not strictly necessary to make the question intelligible,
(ii) contain arguments, ironical expressions, imputations, epithets or defamatory statements,
(iii) ask for an expression of opinion or the solution of a hypothetical proposition,
(iv) ask as to the character or conduct of any person except in his official or public capacity,
(v) relate to a matter which is not primarily the concern of the Corporation or of any of the municipal authorities,
(vi) make or imply a charge of a personal character,
(vii) raise questions of policy too large to be dealt with within the limits of an answer to a question,
(viii) repeat in substance questions already answered or to which an answer has been refused.
(ix) ask for information on trivial matters,
(x) ordinarily ask for information on matters of past history,
(xi) ask for information set forth in accessible documents or in ordinary works of reference,
(xii) raise matters under the control of bodies or persons not primarily responsible to the Corporation,
(xiii) ask for any information on matter which is under adjudication by a court of law.
(4) The Mayor shall disallow any question which is, in his opinion, in contravention of the provisions of sub-section (3).
(5) If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (3), the Mayor shall decide the point and his decision shall be final.
(6) The Commissioner shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the Mayor it cannot be answered without prejudice to public interest or the interest of the Corporation.
(7) Unless otherwise directed by the Mayor or the presiding officer of the meeting, every question shall be answered by the Commissioner at a meeting of the Corporation. 1 * * * * *
82. Power to make regulations.—
The Corporation may make regulations for the transaction of business at its meeting: Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under section 3 shall be determined by the Administrator. Transaction of business by Standing and other committees
83. Presiding officers at meetings of the Standing and other committees.—
(1) The Chairman or in his absence the Deputy Chairman shall preside at every meeting of the Standing Committee, the 2[Wards Committee] or any other committee of the Corporation.
(2) In the absence of the Chairman and the Deputy Chairman from any meeting the members of any such committee shall choose one 3[from amongst the councillors] to preside over the meeting.
84. Conduct of business at meetings of Standing and other committees.—
The Corporation may make regulations for the procedure and the conduct of business at meetings, of the Standing Committee and all other committees except adhoc committees which shall regulate their own procedure. Minutes and reports of proceedings
85. Keeping of minutes and proceedings.—
Minutes, in which shall be recorded the names of the [members and other persons referred to in clause (b) of sub-section (3) of section 3 present] at, and the proceedings of each meeting 5*** of the Corporation and of the Standing Committee and every other committee of the Corporation, shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuing meeting of the Corporation or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.
86. Circulation of minutes and inspection of minutes and reports of proceedings.—
(1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the 6[persons referred to in clause (b) of sub-section (3) of section 3] and shall at all reasonable times be available at the municipal office for inspection by any other person on payment of a fee of eight annas.
(2) Full reports, if any, of such proceedings shall similarly be available for inspection by any [persons referred to in clause (b) of sub-section (3) of section 3] without charge and by any other person on payment of a fee of eight annas.
87. Forwarding minutes and reports of proceedings to the Administrator.—
(1) The Municipal Secretary shall forward to the Administrator a copy of the minutes of the proceedings of each meeting of the Corporation, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 85.
(2) The Administrator may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any committee thereof and the Municipal Secretary shall forward to the Administrator a copy of such paper or papers.
(3) The Municipal Secretary shall also forward to the Administrator as soon as may be after the date referred to in sub-section (1), a full report of the proceedings of each meeting of the Corporation, if any such report be prepared.Validation
88. Validation of proceedings, etc.—
(1) No act done or proceeding taken under this Act shall be questioned on the ground merely of—
(a) the seat of any councillor 1*** remaining unfilled from any cause whatsoever;
(b) the existence of any vacancy in, or any defect in the constitution of, the Corporation, or in any committee thereof;
(c) any 2[councillor or any person referred to in sub-clauses (ii), (iii) and (iv) of clause (b) of sub-section (3) of section 3] or taken part in any proceedings in contravention of section 80;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting 3*** of the Corporation or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.