NDMC ACT (Chapter

CHAPTER - IV

THE CHAIRPERSON

Appointment, etc., of the Chairperson.

13.

(1)	The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Chairperson of the Council in accordance with clause (a) of sub-section (1) of section 4.
(2)	The Chairperson so appointed shall hold office for a term of five years in the first instance: Provided that his appointment may be renewed from time to time for a term not exceeding one year at a time: Provided further that where the Chairperson holds a lien on any service under the Central Government or the Government, the Central Government mat at any time after reasonable notice to the Council replace his services at the disposal of the concerned Government.
(3)	The Central Government may remove the Chairperson from office at any time if it appears to that Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient.
(4)	The Chairperson shall not undertake any work unconnected with his office without the sanction of the Central Government and of the Council.

Leave of absence of Chairperson.

14.

(1)	Leave may be granted to the Chairperson by the Administrator.
(2)	Whenever such leave is granted to the Chairperson, the Central Government shall appoint another person to officiate as Chairperson in his place.

Appointment of officiating Chairperson, in case of death, resignation or removal of Chairperson.

15.
	If any vacancy occurs in the office of Chairperson on account of death, resignation or removal, the Central Government shall appoint another person to officiate as Chairperson in his place for a term not exceeding two months, pending the appointment of a Chairperson under section.

Salary and allowances of the Chairperson and members.

16.

(1)

The Chairperson shall be paid out of the New Delhi Municipal Fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Central Government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that Government:

Provided that the salary of the Chairperson shall not be varied to his disadvantage after his appointment.

(2)

The members shall be entitled to receive allowances for attendance at meeting of Council and of any of its committees at such rates as may be determined by rules made in this behalf.

Service regulations of member.

17.
	If a member is an officer in the service of the Government, or the Central Government, the Council shall make such contribution towards his leave allowances, pension and provident fund a may be required by the conditions of his service under the Government or the Central Government to be paid by him or for him, as the case may be.

Functions of the Chairperson.

18.

Save as otherwise provided in this Act the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act, for the time being in force which confers, any power or imposes any duty on the Council, shall vest in the Chairperson who shall also-

(a)	exercise all the powers and perform all the duties specifically conferred or imposed upon him by the Act or by any other law for the time being in force;
(b)	prescribed the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
(c)	on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the council, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Council and the Administrator of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget-grant; and
(d)	subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.

Chairperson not to be interested in any contract, etc. with the Council.

19.

(1)

A person shall be disqualified for being appointed as the Chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the Council other than as such Chairperson.

(2)

If the Chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall unless the Central Government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this Act:

Provided that before an order of removal is made the Chairperson shall be given a reasonable opportunity of showing cause against the action proposed to be taken regard to him.

NOTES ON CLAUSES

These clauses relate to appointment, leave, salary and allowances of Chairperson and members, service regulations and functions of Chairperson.

Exercise of powers to be subject to sanction.

20.

Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred on imposed upon the Council by or under this Act which will involve expenditure, shall be subject to the following conditions, namely :

(a)	that such expenditure, insofar as it is to be incurred in the year in which such power is exercised or duly performed, shall be provided for under a current budget-grant; and
(b)	that if the exercise of such powers or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Council.

NOTES ON CLAUSES

This clause provides for general powers of the Council.