Section 3:
Establishment of the Corporation.
1[(1) 2[With effect from such date as the 3[Government] may, by notification in the Official Gazette, appoint, there shall be 4[ 5[the Corporation]] charged with the Municipal Government of Delhi, to be known as the Municipal Corporation of Delhi.]]
6[(2) 7[ 8[The Corporation]] so established shall be a body corporate with the name duly notified by the 3[Government] having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.]
9[(3)(a) 7[8[The Corporation]] shall be composed of the councillors;
(b) the following persons shall be represented in 4[5[the Corporation ]], namely:
(i) ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator:
Provided that the persons nominated under this sub-clause shall not have the right to vote in the meetings of 4[5[the Corporation ]];
(ii) members of the House of the People representing constituencies which comprise wholly or partly the area of the Corporation and the members of the Council of States registered as electors within the area of 4[5[the Corporation ]];
(iii) as nearly as possible one-fifth of the members of the Legislative Assembly of the National Capital Territory of Delhi representing constituencies which comprise wholly or partly the area of 4[5[the Corporation ]] to be nominated by the Speaker of that Legislative Assembly, by rotation every year:
Provided that while nominating such members by rotation the Speaker shall ensure that as far as possible all the members are given an opportunity of being represented in 4[5[the Corporation]] at least once during the duration of the Corporation;
(iv) the Chairpersons of the Committees, if any, Constituted under sections 39, 40 and 45, if they are not councillors.]
(4) Councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which Delhi shall be divided in accordance with the provisions of this Act; 10***.
11[12[(5) The total number of seats of councillors and the number of seats reserved for the members of the Scheduled Castes in 4[5[the Corporation]], shall, at the time of establishment of Corporation, be as determined by the Central Government by notification in the Official Gazette.]]
(6) Upon the completion of each census after the establishment of 4[5[the Corporation]], the number of seats shall be on the basis of the population of 13[Delhi] as ascertained at that census and shall be determined by the Central Government by notification in the Official Gazette and the number of seats to be reserved for the members of the Scheduled Castes shall, as nearly as may be, bear the same ratio to the total number of seats as the population of Scheduled Castes bears to the total population of 13[Delhi]:
Provided that the total number of seats shall in no case be more than two hundred and fifty and the number of seats in 4[5[the Corporation]] shall be determined by the Central Government at the time of the establishment of 4[5[the Corporation]]:
Provided further that the determination of seats as aforesaid shall not affect the then composition of the Corporation until the expiry of the duration of the Corporation: :
Provided also that the seats reserved for the Scheduled Castes may be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct.]
14[(7) Seats shall be reserved for women belonging to the Scheduled Castes, from among the seats reserved for the Scheduled Castes, the number of such seats being determined by the Central Government by order published in the Official Gazette which shall not be less than 15[one-half] of the total number of seats reserved for the Scheduled Castes.]
16[(8) Seats shall be reserved for women, the number of such seats being determined by order published in Official Gazette by the Government which shall not be less than the 15[one-half] of total number of seats other than those reserved for the Scheduled Castes:
Provided that such seats reserved for women shall be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct in this behalf.]
Notes:
1. Subs. by Delhi Act 12 of 2011, s. 6, for sub-section (1) (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 5, for sub-sections (1) and (1A) (w.e.f. 22-5-2022).
3. Subs. by Delhi Act 12 of 2011, s. 2, for "Central Government" (w.e.f. 13-1-2012).
4. Subs. by Delhi Act 12 of 2011, s. 2, for "the Corporation" (w.e.f. 13-1-2012).
5. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
6. Subs. by Delhi Act 12 of 2011, s. 6, for sub-section (2) (w.e.f. 13-1-2012).
7. Subs. by Delhi Act 12 of 2011, s. 2, for "A Corporation" (w.e.f. 13-1-2012).
8. Subs. by Act 10 of 2022, s. 2, for "Every Corporation" (w.e.f. 22-5-2022).
9. Subs. by Act 67 of 1993, s. 3, for sub-section (3) (w.e.f. 1-10-1993).
10. Subs. by Delhi Act 12 of 2011, s. 2, for "A Corporation" (w.e.f. 13-1-2012).
11. Subs. by Delhi Act 12 of 2011, s. 6, for sub-sections (5) and (6) (w.e.f. 13-1-2012).
12. Subs. by Act 10 of 2022, s. 5, for sub-sections (5) and (6) (w.e.f. 22-5-2022).
13. Subs. by Delhi Act 12 of 2011,s. 2, for "the area of the corporation" (w.e.f. 13-1-2012).
14. Subs. by Act 67 of 1993, s. 3, for sub-section (7) (w.e.f 1-10-1993).
15. Subs. by Delhi Act 12 of 2011, s. 6, for "one-third" (w.e.f. 13-1-2012).
16. Ins. by Act 67 of 1993, s. 3 (w.e.f. 1-10-1993).