89. Appointment of certain officers.—(1) 7
[ 8
[The Corporation]] shall appoint suitable persons to be
respectively 9***, the Municipal Engineer, the Municipal Health Officer, the Education Officer, the
Municipal Chief Accountant, the Municipal Secretary and the Municipal Chief Auditor and may appoint
one or more Deputy Commissioners and such other officer or officers of a status equivalent to or higher
than the status of any of the officers specified earlier in this sub-section as 1
[
2
[the Corporation]] may deem
fit on such monthly salaries and such allowances, if any, as may be fixed by 1
[
2
[the Corporation]].
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Subs. by Act 67 of 1993, s. 64, , for “members of the Corporation” (w.e.f. 1-10-1993).
4. The words “or alderman” omitted by Act 67 of 1993, s. 65, ibid. (w.e.f. 1-10-1993).
5. Subs. by s. 65, ibid., for “councillor having voted” (w.e.f. 1-10-1993).
6. The words “of the councillors for the election of any alderman or” omitted by s. 65, ibid. (w.e.f. 1-10-1993).
7. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
8. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
9. The words and brackets “the Chief Engineer (Water Supply)” omitted by Act 67 of 1993, s. 66 (w.e.f. 1-10-1993).
59
(2) The appointment of the Municipal Chief Auditor shall be made with the previous approval of
the 1*** Government and every other appointment referred to in sub-section (1) except that of the Municipal
Chief Accountant and the Municipal Secretary shall be subject to confirmation by that Government:
Provided that the Municipal Chief Auditor shall not be eligible for any other office under 2
[
3
[the
Corporation]] after he has ceased to hold his office.
90. Schedule of permanent posts and creation of temporary posts.—(1) The 4
[Commissioner] shall
from time to time prepare and lay before 5
[the Standing Committee] two schedules of posts other than those
specified in sub-section (1) of section 89 setting forth the designations and grades of municipal officers and
other municipal employees who should be maintained permanently in the service of 2
[
3
[the Corporation]]
indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other
employees.
6
[(2) Of the two schedules referred to in sub-section (1), the first schedule shall deal with category A
posts and second schedule with category B and category C posts.]
(3)
7
[The Standing Committee] shall lay the first schedule with its comments thereon before 2
[
3
[the
Corporation] for its consideration and approval and shall sanction the second either without modifications
or with such modifications as it thinks fit and thereafter may amend it either on its own motion after
ascertaining the views of the 8
[Commissioner or at his instance].
(4) 9
[ 10[The Corporation]] shall after considering the comments of 5
[the Standing Committee] sanction
the first schedule either without modifications or with such modifications as it thinks fit and thereafter may
amend it either on its own motion after ascertaining the views of the 4
[Commissioner] and 5
[the Standing
Committee] or at the instance of 11[the Commissioner] or committee.
12[(5) The 4
[Commissioner] may create for a period not exceeding six months any category C post:
Provided that no such post shall be continued beyond the said period without the previous approval of
1
[the Standing Committee].
(6)
13[The Standing Committee] may, on the recommendation of the 4
[Commissioner] create for a
period not exceeding six months any category A or category B post:
Provided that no such post shall be continued beyond the said period without the previous approval of
2
[
3
[the Corporation]].]
14* * * * *
15[(8) In this section and in section 92—
16[(i) “category A post” means any post, which, having regard to its scale of pay or emoluments,
would, if such post had been in the Central Government, be classified as a Group A post under the
Central Government in accordance with the orders issued by that Government from time to time;
1. The word “Central” omitted by Act 67 of 1993, s. 66 (w.e.f. 1-10-1993).
2. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
3. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
4. Subs. by Act 67 of 1993, s. 67, for “appropriate authority” (w.e.f. 1-10-1993).
5. Subs. by s. 67, ibid., for “the committee concerned” (w.e.f. 1-10-1993).
6. Subs. by Act 55 of 1974, s. 8, for sub-section (2) (w.e.f. 10-1-1975).
7. Subs. by Act 67 of 1993, s. 67, for “The Committee” (w.e.f. 1-10-1993).
8. Subs. by s. 67, ibid., for “appropriate authority or at the instance of such authority” (w.e.f. 1-10-1993).
9. Subs. by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
10. Subs. by Act 10 of 2022, s. 2, for “A Corporation” (w.e.f. 22-5-2022).
11. Subs. by Act 67 of 1993, s. 67, for “such authority” (w.e.f. 1-10-1993).
12. Subs. by Act 55 of 1974, s. 8, for sub-sections (5) and (6) (w.e.f. 1-10-1993).
13. Subs. by Act 67 of 1993, s. 67, for “The Committee” (w.e.f. 1-10-1993).
14. Omitted by s. 67, ibid. (w.e.f. 3-11-1971).
15. Ins. by Act 55 of 1974, s. 8 (w.e.f. 10-1-1975).
16. Subs. by Act 8 of 1987, s. 2, for clauses (i) and (ii) (w.e.f. 5-2-1987).
60
(ii) “category B post” means any post which, having regard to its scale of pay or emoluments,
would, if such post had been in the Central Government, be classified as a Group B post under the
Central Government in accordance with the orders issued by that Government from time to time;]
(iii) “category C post” means any post, other than a category A or category B post.]
1
[
2
[90A. Officers of erstwhile Corporations to become officers of Corporation.—(1) On the date
of establishment of the Corporation under sub-section (1) of section 3, the officers and employees of the
erstwhile North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi
Municipal Corporation shall, with immediate effect, become the officers and employees of the Corporation.
(2) For the purposes of sub-section (1), the Government may make such rules as may be required.]]
91. Restriction on employment of permanent officers and other employees.—No permanent officer
or other employee shall be entertained in any department of the municipal administration unless he has been
appointed under sub-section (1) of section 89 or his office and emoluments are included in one of the
schedules for the time being in force prepared and sanctioned under section 90.
92. Power to make appointments.—3
[(1) Subject to the provisions of section 89, the power of the
appointing municipal officers and other municipal employees whether temporary or permanent shall vest
in the Commissioner:
Provided that the power of appointing officers and other employees immediately subordinate to the
Municipal Secretary or the Municipal Chief Auditor to category B posts of category C posts shall vest in
the Standing Committee:
Provided further that the Standing Committee may delegate to the Municipal Secretary or the Municipal
Chief Auditor the power of appointing officers and other employees immediately subordinate to the said
Secretary or Auditor, to category C posts.]
(2) The claims of the members of the Scheduled Castes shall be taken into consideration, consistently
with the maintenance of efficiency of administration, in the making of appointments of municipal officers
and other municipal employees.
4
[92A. Recruitment to category B and category C posts.—The direct recruitment to category B and
category C posts may be made by the Government through such agencies as may be prescribed by it.]
93. Officers and other employees not to undertake any extraneous work.—No municipal officer or
other municipal employee shall undertake any work unconnected with his duties under this Act except with
the permission of 5
[ 6
[the Corporation]].
94. Officers and other employees not to be interested in any contract, etc., with 5
[
6
[the
Corporation]].—(1) A person shall be disqualified for being appointed as a municipal officer or employee
if he 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, 5
[
6
[the Corporation]] other than as such officer or
employee.
(2) If any such officer or other employee acquires, directly or indirectly, by himself or by a 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 authority appointing him in any particular case otherwise decides, be liable to be removed
from his office by an order of such authority:
Provided that before an order of removal is made, such officer or other employee shall be given a
reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
1. Ins. by Delhi Act 12 of 2011, s. 12 (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 7, for section 90A (w.e.f. 22-5-2022).
3. Subs. by Act 67 of 1993, s. 68, for sub-section (1) (w.e.f. 1-10-1993).
4. Ins by s. 69, ibid. (w.e.f. 1-10-1993).
5. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
61
95. Punishment for municipal officers and other employees.—(1) Every municipal officer or other
municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced
in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of
discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be
prescribed by regulations:
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily
retired, removed or dismissed by any authority subordinate to that by which he was appointed:
Provided further that 1
[
2
[the Corporation]] may by regulations provide that municipal employees
belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined
by such authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given
a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply—
(a) where an officer or other employee is removed or dismissed on the ground of conduct which
had led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such officer or other employee is satisfied
that for some reason to be recorded by that authority, it is not reasonably practicable to give that person
an opportunity of showing cause.
(3) If any question arises whether it is reasonably practicable to give to any officer or other employee
an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered to
remove or dismiss such officer or other employee shall be final.
(4) An officer or other employee upon whom a punishment has been inflicted under this section may
appeal to such officer or authority as may be prescribed by regulations.
3
[Provided that in the case of an officer or other employee appointed by the Commissioner an appeal
shall lie to the Administrator.]
96. Consultation with the Union Public Service Commission.—No appointment 4*** 5*** 6
[to any
category A post within the meaning of clause (i) of sub-section (8) of section 90 shall be made except after
consultation with the Commission]:
Provided that no such consultation with the Commission shall be necessary in regard to the selection
for appointment—
(a) to any acting or temporary post for a period not exceeding one year; or
(b) to such ministerial posts as may from time to time be specified by 1
[
2
[the Corporation]] in
consultation with the Commission when such posts are to be filled by promotion; or
(c) to a post when at the time of such appointment the person to be appointed thereto is in the
service of the Central Government or a State Government in a class I post; or
(d) to a permanent or temporary post, if the officer or other employee to be appointed is not likely
to hold that post for more than one year; or if such officer or other employee is likely to hold the post
for more than one year but not more than three years and the Commission advises that the appointment
may be made without consulting the Commission; 7
[or]
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Ins. by Act 67 of 1993, s. 70 (w.e.f. 1-10-1993).
4. The words and brackets “to the post of the General Manager (Electricity)” omitted by s. 71, ibid. (w.e.f. 1-10-1993).
5.The words and brackets “or the General Manager (Transport)” omitted by Act 71 of 1971, s. 7(b) and the Second Schedule (w.e.f.
3-11-1971).
6. Subs. by Act 55 of 1974, s. 10, for certain words and brackets (w.e.f. 10-1-1975).
7. Ins. by Act 55 of 1974, s. 10 (w.e.f. 10-1-1975).
62
1
[(e) to such other posts, as may, from time to time, be specified by the Central Government in
consultation with the Commission.]
97. Power of Commission to make regulations and reference to the Central Government in case
of difference between the Commission and 2
[ 3
[the Corporation]].—(1) The Commission may make
regulations for the following matters, namely:—
(a) the procedure to be followed by the Commission in advertising posts, inviting applications,
scrutinizing the same and selecting candidates for interview;
(b) the procedure to be followed by the Commission for selecting candidates for appointment and
by 2
[ 3
[the Corporation]] for consultation with the Commission;
(c) any other matter which is incidental to, or necessary for, the purpose of consultation with the
Commission.
(2) In the case of any difference of opinion between the Commission and 2
[ 3
[the Corporation]] on any
matter, 2
[ 3
[the Corporation]] shall refer the matter to the Central Government and the decision of that
Government thereon shall be final.
98. Power of Corporation to make regulations.—(1) 4
[ 5
[The Corporation]] may make regulations to
provide for any one or more of the following matters, namely:—
(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of
absence and other conditions of service of officers and other employees appointed under this Chapter;
(b) the powers, duties and functions of the Municipal Secretary;
(c) the qualifications of candidates for appointment to posts specified in sub-section (1) of section
89 and to posts dealt with in the first schedule of post referred to in sub-section (2) of section 90 and
the manner of selection for appointments to posts dealt with in the second schedule of posts referred to
in that sub-section;
(d) the procedure to be followed in imposing any penalty under sub-section (1) of section 95,
suspension pending departmental inquiries before the imposition of such penalty and the authority by
whom such suspension may be ordered; the officer or authority to whom an appeal shall lie under subsection (4) of that section;
(e) any matter which is incidental to, or necessary for, the purpose of regulating the appointment
and conditions of service of persons appointed to services and posts under 2
[ 3
[the Corporation]] and
any other matter for which in the opinion of 2
[ 3
[the Corporation]] provisions should be made by
regulations.
(2) No regulation under clause (c) of sub-section (1) shall be made except after consultation with the
Commission.