NDMC ACT (Chapter 21)

CONTROL

Government to require production of documents

393.

The Central Government may at any time require the Chairperson

(1)	To produce any record, correspondence, plan or other document in his possession or under his control;
(2)	To furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council;
(3)	To furnish or obtain and furnish any report.

Inspection

394.

The Central Government may depute any person in the service of that Government to inspect or examine any municipal department or office or any service or work undertaken by the Council or any property belonging to the Council and to report thereon and the Council, the Chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to ther premises and properties of the Council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

Directions by Central Government

395.

If, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the Central Government is of opinion, -

(1)	To produce any record, correspondence, plan or other document in his possession or under his control;
(2)	To furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Council;
(3)	To furnish or obtain and furnish any report.

It may direct the Council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the Council shall comply with such direction.

Provided that unless in the opinin of the Central Government the immediate execution of such order is necessary, it shall before making any direction under this section give the Council an opportunity of showing cause why such direction should not be made.

Power to provide for enforcement of direction under section 395

396.
	If, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the Central Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the New Delhi Municipal Fund.

Power of Central Government to give directions in relation to primary schools, etc.

397.

(1)	The Central Government may give the Council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the Council or maintained wholly or partly by grants paid out of the New Delhi Municipal fund and in respect of such other matters as that Government considers necessary and the Council shall comply with all such directions.
(2)	It shall be lawful for any officer appointed by the Central Government in this behalf to inspect any such school; and all reasonable facilities shall be given to such offer in connection with the inspection.
(3)	The Central Government, after considering the report of inspection made by such officer, may give the Council such directions as it considers necessary and the Council shall comply with such directions.

NOTES ON CLAUSES

These sections relate to control of the municipal council, government to require production of documents, inspection, direction by Central Government, power to Central Government to give directions in relation to primary schools, etc.

Dissolution of the Council

398.

(1)	If, in the opinion of the Central Government, the Council is not competent to perform, or persistently makes default --
	(a)	in the performance of, the duties imposed on it by or under this Act or any other law, or exceeds or abuses its power; or
	(b)	fails to deliver efficient service to the public and generally in regard to the municipal administration; or
	(c)	to comply with the directions given to the Council by the Central Government in regard to matters relating to clause (a) and (b),
	the Central Government may by an order published, together with a statement of the reasons therefor, in the Officials Gazette, dissolve the Council.
	Provided that the Council shall be given reasonable opportunity of being heard before its dissolution.
(2)	When the Council is dissolved by an order under sub-section (1) --
	(a)	all members shall, on the date of dissolution, vacate their offices as such members,
	(b)	during the period of dissolution of the Council, all powers and duties conferred and imposed upon the Council by or under this Act or any other law, shall be exercised and performed by such officer or authority as the Central Government may appoint in that behalf; and
	(c)	all property vested in the Council shall, until it is reconstituted, vest in the Central Government.
(3)	An order of dissolutin made under this section together with a statement of the reasons therefor shall be laid before each House of Parliament and the Legislative Assembly of the National Capital Territory of Delhi as soon as may be, after it has been made.

NOTES ON CLAUSES

This section relates to dissolution of the Council by the Central Government.