Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1958 CONTENTS PART 1 :- PRELIMINARY 1. Short titles and commencement 2. Definitions PART 2 :- PROCEDURE AND CONDUCT OF BUSINESS OF THE CORPORATION CHAPTER 1 :- TIME AND PLACE OF MEETINGS 3. Date, time and place of meetings of Corporation 4. Roll of members 5. Seating arrangement CHAPTER 2 :- ELECTION OF MAYOR AND DEPUTY MAYOR 6. Election of Mayor 7. Mayor to preside over the rest of meeting 8. Election of Deputy Mayor CHAPTER 3 :- ARRANGEMENT OF BUSINESS AND LIST OF BUSINESS 9. Preparation of list of business by the municipal secretary 10. Arrangement of the list of business 11. Mode of sending notice of business to the members 1 2 . Supplementary list of business relating to certain urgent matters CHAPTER 4 :- QUESTIONS 13. Questions 14. List of Questions 15. Mode or asking questions 16. Questions of absent members 17. Answer to question 18. Supplementary questions 18A. . 19. Postponement of question CHAPTER 4A :- RESOLUTION UNDER PROVISION TO SECTION 4 19A. Notice, condition of admissibility etc. of resolution 19B. Resolutions to be circulated 19C. Moving of resolution 19D. Amendments 19E. Effect of amendment not seconded 19F. Discussion on resolution 19G. Withdrawal of resolution 19H. Voting of resolution 19I. Lapse of resolution 19J. Application of Chapter V to resolution CHAPTER 5 :- GENERAL RULES OF PROCEDURE 20. Language to be used at meetings of the Corporation 21. Mayors powers to expunge objectionable matter from notice or resolution 22. Procedure at special meetings of the Corporation 23. Adjourned meetings 24. Motions in respect of certain matters 25. Copy of motion to be delivered to the Mayor 26. A question once disposed of not to be reopened within three months 27. Procedure in case of resolutions previously notified not being moved by members entitled to do so 28. Motion and amendment to be seconded 29. Members right to speak on amendment 30. Amendment to motion 31. Duration of speeches 32. Rules to be observed while speaking 33. Points of order 34. Closure 35. Permission required for withdrawal of motions and amendments 36. Motion may be put in parts 37. Dropping an item in certain cases 38. Priority to an item of business 39. Power of Mayor to group items of business 40. Motion or adjournment debate or meeting 41. Definition of an adjournment motion 42. Adjournment motion not be moved in the middle or speech 43. Second motion of adjournment 44. Voting how to be counted 45. Minutes to be taken as read 46. Amendment of minutes 47. Meeting to be open to public 48. Admission of public 49. Removal of members of the public from meetings 5 0 . Powers of persons presiding in the absence of Mayor and Deputy Mayor PART 3 :- PROCEDURE AND CONDUCT OF BUSINESS OF COMMITTEE 51. Election of six members to be elected by the councillors from among themselves for membership of the Standing Committees 51A. Election of one member each by members of each ward committee from among themselves for membership of Standing Committee 52. Election of members of other Committees 53. Convening of meetings of Committee 54. Election of Chairman and Deputy Chairman 55. Special Meetings 56. Quorum 57. Resolutions 58. List of business 59. Members right to ask postponement of certain items of list of business 60. Seconding of resolutions and amendments 61. Certain motions or amendments to be voted in parts 62. Amendments 63. Points or order 64. Voting 65. Confirmation of minutes 66. Powers of person presiding in the absence or chairman 66A. Procedure for the conduct of business of a meeting of a Committee 67. Presiding officer of a Sub-committee 68. Transaction of business by a sub-committee 69. Quorum 70. Procedure PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1958 PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1958 PART 1 PRELIMINARY 1. Short titles and commencement :- These regulations may be called the Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations, 1958. 2. They shall come into force at once. 2. Definitions :- In these regulations, unless the context otherwise requires: (a) "Act" means the Delhi Municipal Corporation Act 1957 (66 of 1957). (b) "Form" means a form appended on these regulations. (c) "Section" means Section of the Act. PART 2 PROCEDURE AND CONDUCT OF BUSINESS OF THE CORPORATION CHAPTER 1 TIME AND PLACE OF MEETINGS 3. Date, time and place of meetings of Corporation :- (1) The date, time and place of a meeting for the election of Mayor and Deputy Mayor after a General Election shall be determined by the Administrator. (2) The date, time and place of any other meeting of the Corporation shall be fixed by the Mayor by a general; or special order passed in that behalf. 4. Roll of members :- (1) There shall be a roll of Members/persons of the Corporation. (2) Every Members/persons immediately after he has made subscribed at a meeting of the Corporation on oath or affirmation under sub-section (1) of Section 32, shall before taking his seat, sign the said roll. 5. Seating arrangement :- T he Members/persons shall sit in such order as the Mayor may determine. CHAPTER 2 ELECTION OF MAYOR AND DEPUTY MAYOR 6. Election of Mayor :- (1) Every Candidate for election as Mayor shall be nominated by a nomination paper in Form I which shall be signed by the candidate and two other members of the corporation as proposer and seconder and delivered to the Municipal Secretary between the hours of eleven O'clock in the forenoon and five O'clock in the afternoon at least three clear days before the date of meeting at which the election of Mayor is to be held. (2) No member shall sign as proposer or seconder the nomination paper of more than one candidate. Where a member has signed as proposer or seconder nomination papers for more candidates than one, the nomination paper for the candidate which has been first received shall be deemed to be valid and the other nomination papers shall be deemed to be invalid. (3) Any candidate may withdraw his candidature at any tune before the election is proceeded within the meeting. (4) When there is only one candidate validly nominated or when after withdrawal of candidature there is only one such candidate, the presiding authority shall declare him to be duly elected as Mayor. (5) When two or more validly nominated candidates offer themselves for election at the meeting, the election shall be held by secret ballot in the manner hereinafter provided. (6) Ballot papers containing the names of persons duly nominated shall be furnished to the members at the meeting. (7) The ballot box shall remain open for the casting of votes for such period as may be fixed by the presiding authority. (8) No member shall vote for more than one candidate. At the time of voting each member shall place a cross on the right hand side of the ballot paper opposite the name of the candidate for whom he wishes to vote, and will than fold the ballot paper and without showing the front of the paper to any person, insert the same in the ballot box in the presence of the presiding authority. (9) If a member votes for more candidates than one or places any mark on the paper by which he may be identified his ballot paper shall be considered invalid and will not be united. A vote recorded on a ballot paper used at the meeting shall be rejected if the mark indicated the vote is placed on the ballot paper in such a manner as to make it doubtful to which candidate the vote has been given. (10) As soon as the period fixed for casting of votes is over, the presiding authority shall use the ballot box and initial each ballot paper. (11) The votes for all the candidates shall then be counted by the presiding authority with the assistance of the municipal secretary or such other municipal officer or employee as may be designated by the presiding authority and the candidates shall be arranged in the order of the number of votes obtained by each of them. (12) If there are only two candidates, then the one who gets the larger number of votes shall be declared elected. (13) If there are more than two candidates and at the first ballot no candidate obtains more votes than the aggregate votes obtained by the other candidates, the candidate who has obtained the smallest numbers of votes shall be excluded from the election and votes shall be taken again for the remaining candidates the candidate obtaining the smallest number of votes at each ballot being excluded from the election, until one candidate obtains one votes than the remaining candidate or than the aggregate votes of the remaining candidates, as the case may be. (14) Where at any ballot any of three or more candidates obtain an equal number of votes and one of them has to be excluded from the election under clause 13, the determination as between the candidates whose votes are equal, of the candidate who is to be excluded, shall be by drawing of lots. (15) The ballot paper shall be kept by the Municipal secretary for three months from the date of election and may then be destroyed by him. 7. Mayor to preside over the rest of meeting :- As soon as the Mayor is elected he shall preside over the meeting for the transaction of the rest of the business thereof. 8. Election of Deputy Mayor :- The provisions of Regulation 6 shall apply, as far as may be, to the election of Deputy Mayor subject to the modification that any reference therein to the presiding authority shall be construed as a reference to the Mayor. CHAPTER 3 ARRANGEMENT OF BUSINESS AND LIST OF BUSINESS 9. Preparation of list of business by the municipal secretary :- Subject to the provisions of Regulation 10, every list of business (including a supplementary list) to be transacted at a meeting of the Corporation shall be prepared by the Municipal Secretary under the directions of the Mayor. 10. Arrangement of the list of business :- The list of business of an ordinary meeting shall be arranged by the Municipal Secretary in the following order: (a) confirmation of the minutes of the last ordinary meeting or and of the minutes of any special meeting or meetings since the last ordinary meeting; (b) any election by the Corporation; (c) questions; (d) petitions; (e) resolution of the Standing Committee; (f) resolutions of the Delhi Electric Supply Committee, the Delhi Transport Committee and the Delhi Water Supply and Sewage Disposal Committee; (g) letters from the Commissioner and business from the Commissioner; (h) letter from Government and others; (i) resolutions of the Rural Areas Committee, the Education Committee and Special Committees; (j) reports of ad-hoc committees; and (k) notices of resolutions under the proviso to Section 74. 11. Mode of sending notice of business to the members :- The list of business under Section 74 shall be sent to the registered address of each member of the Corporation. Explanation The registered address of a member means the address for the time being entered in the register of address of members maintained by the Municipal Secretary. 12. Supplementary list of business relating to certain urgent matters :- Notwithstanding anything contained in these regulations, the Municipal Secretary may prepare under the direction of the Mayor a supplementary list of business with respect to any urgent matter proposed by the Commissioner or the Chairman of any of the Committees constituted under the Act and circulate that list to the members of the Corporation for consideration at the ensuing meeting whether ordinary or adjourned. CHAPTER 4 QUESTIONS 13. Questions :- (1) No question shall be asked except on the first day of an ordinary monthly meeting of the Corporation. (2) Notice of any question shall also specify the monthly meeting at which it is intended to ask such question. (3) Not more than half an hour at every such meeting shall be available for the asking and answering of questions. Such questions as cannot be answered within the allotted time shall be kept over for the next adjourned meeting. (4) No Councillor shall ask more than three questions at any meeting. (5) The order in which questions are desired to be answered shall be indicated by the members and if no such order is indicated the question shall be placed in the list in the order in which notices are received in point of time. 14. List of Questions :- (1) The Municipal Secretary shall prepare a list of all questions admitted in the order hereunder indicated and circulate the same to the members of the Corporation along with the list of business under Section 74. (2) Questions in the name of each member in the list shall be entered in three rounds or less according to the number of questions admitted in his name. All members who have questions in the list will have one question each entered in the first round and after completing the first question of all the members on the list their second and third questions, if any, will in the like order be placed in the second and third rounds respectively. (3) Priority of questions interse in each round shall be determined in accordance with the order indicated in sub-regulation (5) of Regulation 13. 15. Mode or asking questions :- (1) When the time for asking questions arrives, the mayor shall call successively each Councillor or Alderman in whose name a question appears on the list of questions. (2) The Councillor or alderman so called shall rise in his place and unless he states that it is not his intention to ask the question standing in his name, ask the question by reference to its number on the list of questions. 16. Questions of absent members :- If a Councillor or an Alderman who has given notice of a question is not present when he is called upon by the Mayor, the question may be asked by any other Councillor or Alderman, if so authorised in writing by such Councilor or Alderman. If the question is not thus asked it shall be deemed to have been dropped. 17. Answer to question :- (1) A written reply to every question in the list shall be supplied to the members before the reply is given at a meeting of Corporation. (2) All, questions shall be answered orally at the meeting and, as far as possible, in the order in which they appear in the list. 18. Supplementary questions :- (1) No discussion shall be permitted in respect of any question or of any answer given to the question. (2) Any member may ask a supplementary question for the purpose of further elucidation of any matter of fact regarding which an answer has been given. (3) Ordinarily not more than three supplementary questions shall be allowed in resort of each question. (4) The member tabling the main question shall be entitled to ask the first supplementary question in preference to other members. (6) The Mayor shall disallow any supplementary question if in his opinion it infringes the provision regarding question. 18A. . :- (1) The Mayor may allot half an hour on the first day of an ordinary monthly meeting of rising discussion on a matter of sufficient public importance. (2) A member wishing to raise such matter shall give notice in writing to the Municipal Secretary at least two clear days before the meeting and shall briefly the points that he wishes to raise; Provided that the notice shall also be accompanied by an explanatory note stating reasons for raising discussion of the matter in question. (3) The Mayor shall decide whether the matter is of sufficient public importance and the decision of the Mayor shall be final. (4) The Mayor may allow such notice or notices but if any matter put down for discussion on a particular day is not disposed of on that day it shall not be set down for any further day. (5) The member who has given notices shall make a short statement and Commissioner shall reply. Any other member may with the permission of the Mayor ask question for the purpose of further elucidation of the matter in question. (6) If the member who has given notice is absent, any member authorised by him in writing way take initiations. 19. Postponement of question :- If the Commissioner declares that the answer to any question is not ready, the question shall stand over to any other meeting to be fixed by the Mayor on receipt of the Commissioner's answer to the question and at such meeting the Commissioner shall give his answer. CHAPTER 4A RESOLUTION UNDER PROVISION TO SECTION 4 19A. Notice, condition of admissibility etc. of resolution :- (1) A member who wishes to move a resolution shall give at least forty-eight hours' notice to Municipal Secretary of intention and shall together with the notice submit a copy of the resolution which he wishes to move. (2) No member shall be permitted to send notice of more than three resolutions for a monthly meeting. (3) The Mayor shall admit a resolution if it satisfies the following conditions, namely: (i) it must relate to a matter of general public interest concerning the functions of the Corporation under the Act ; (ii) it shall be clearly and precisely expressed; (iii) it shall raise substantially one definite issue; and (iv) it shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements. (4) The Mayor may, in consultation with the member concerned, amend the form of a resolution so as to bring it in conformity with these regulations : (5) The Mayor may instead of disallowing a resolution on the ground that it does not relate to a matter of general public interest refer to it the committee concerned with the subject matter thereof. 19B. Resolutions to be circulated :- T h e Municipal Secretary shall prepare a list of the resolution admitted by the Mayor and circulate the same along with the list of business or as soon as thereafter. 19C. Moving of resolution :- (1) A member in whose name a resolution stands in the list of business or any other member whom he may have authorised in writing to move it on his behalf shall, except when he wishes to withdraw, when called upon, move, the resolution and shall commence his speech by a formal motion in the terms appearing in the list of business. (2) After a resolution has been moved it shall be seconded by another member; (3) A resolution not moved or not seconded after it is moved and be considered as dropped. 19D. Amendments :- After a resolution has been moved and seconded any member may move an amendment to the resolution and such amendment too shall be seconded by another member. 19E. Effect of amendment not seconded :- An amendment which has not been seconded shall fall through. 19F. Discussion on resolution :- T h e discussion on a resolution shall be strictly relevant to and within the scope of the resolution. 19G. Withdrawal of resolution :- A member who has moved a resolution or an amendment to a resolution shall not withdraw the same except with the leave of the meeting. 19H. Voting of resolution :- When a resolution involving several points has been discussed, the Mayor may divide the resolution and put each or any point separately to the vote as he may deem fit. 19I. Lapse of resolution :- Any resolution appearing in the list of business for any month which does not come up for consideration within the next three following months shall lapse; Provided that nothing herein contained shall prevent any member from giving a fresh notice of the same resolution to the Municipal Secretary under the proviso to Section 74. 19J. Application of Chapter V to resolution :- Save as expressly provided in this Chapter, the provisions relating to motions contained in Chapter V of these regulations shall also apply to resolutions. CHAPTER 5 GENERAL RULES OF PROCEDURE 20. Language to be used at meetings of the Corporation :- The business at a meeting of the Corporation shall be transacted in Hindi, Urdu, or English. 21. Mayors powers to expunge objectionable matter from notice or resolution :- (1)The Mayor shall be at liberty to expunge from a notice of resolution any matter which he may consider to be defamatory or grossly offensive, and if he deems proper, he may disallow the resolution altogether on these grounds. If a resolution containing any such objectionable matter is actually proposed at a meeting, it shall be competent to the Mayor with the consent of the meeting obtained on the occasion, to expunge such objectionable matter from the minutes of the proceedings of the meeting. (2) If the Mayor is of the opinion that words have been used by any member in any meeting which are defamatory or indecent or unparliamentary or undignified he may, in his discretion, order that such words be withdrawn by the member and the member shall comply with the order. 22. Procedure at special meetings of the Corporation :- At a special meeting convened under sub-section (2) of Section 72 or for discussion of Budget Estimates, no business shall be transacted and no motion shall be moved or discussed which does not directly relate to the business for which the meeting was convened or to the budget Estimates, as the case may be and no motion suggesting any change in a tax which the Standing Committee proposes to impose, or an increase or decrease of any item of expenditure in a Budget Estimate, shall be moved or discussed at any meeting at which such budget estimate is notice o f the meeting issued under Section 74 or in the supplementary notice, if any, issued under the proviso to that Section or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to Regulation 23 has been fulfilled. 23. Adjourned meetings :- Any meeting of the Corporation may with the consent of a majority of the members present, be adjourned to a later hour on the same day or to any other day, but no business shall be transacted at an adjourned meeting other than the business remaining undisposed of at the meeting from which the adjournment took place or the urgent business referred to in Regulation 12 : Provided that at an adjourned meeting at which budget estimate is under consideration, a motion involving any change such as is described in Regulation 22 may be made and discussed, notwithstanding that such motion is not one remaining undisposed of at the meeting from which adjournment took place, if each of the following conditions has been fulfilled, namely: (i) that written notice of such motion has been given at the meeting from which the adjournment took place; (ii) that the adjournment has been for not less to clear days; and (iii) that a special notice of the motion has been given by the Municipal Secretary. 24. Motions in respect of certain matters :- A resolution of the Standing Committee, the Delhi Electric Supply Committee, the Delhi Transport Committee, the Delhi Water Supply and Sewage Disposal Committee the Rural Areas Committee, the Education Committee or a special Committee, shall be moved by the chairman of the respective committee, if he so desires, or if he does not desire to move it or is absent, by any member of the concerned committee present, or failing him by any other member of the Corporation. (2) Any of the matters referred to in Clause (d), (g), (h) or (j) of Regulation 10 shall be moved at the meeting by the chairman of the Committee concerned with the subject matter thereof or in his absence by any other member of that committee or failing both by any other member of the Corporation. 25. Copy of motion to be delivered to the Mayor :- Each motion shall be legibly written or printed in Hindi, Urdu or English and shall be read by the mover who may, if he so desires, speak in favour of the motion which shall than be delivered to the Mayor. 26. A question once disposed of not to be reopened within three months :- No motion shall be entertained in regard to a question once disposed of, except after lapse of three months from the date of such disposal. Explanation I- A motion which falls through for want of a seconder shall be deemed to have been disposed of within the meaning of this Regulation. Explanation II- A resolution appearing on the Agenda but not moved shall not be considered as disposed of. 27. Procedure in case of resolutions previously notified not being moved by members entitled to do so :- Any motion appearing in the list of business for any month which does not come up for consideration within the next three following months shall lapse: Provided that nothing herein contained shall prevent any member to give a fresh notice of the same resolution to the Municipal Secretary under the proviso to Section 74. 28. Motion and amendment to be seconded :- (1) After a member has moved any motion, it shall be seconded by another member. (2) Any member may move an amendment to a motion which has been moved and seconded and such amendment also shall be seconded by another member after it has been moved. (3) A motion or an amendment thereto, which has not been seconded shall fall through. 29. Members right to speak on amendment :- A member who has already spoken on a motion before the meeting is not thereby debarred from speaking on the amendment to the motion, provided that in so doing he confines himself strictly to the fresh matter introduced by the amendment. 30. Amendment to motion :- (1) An amendment shall be relevant to and within the scope of the motion to which it is proposed. (2) An amendment which has the effect of a negative vote to the motion to which it is proposed shall not be allowed. (3) An amendment on a substantive motive, which is inconsistent with the previous decision on the same motion shall not be allowed or put to vote. (4) Amendments shall be put to vote in the reverse order in which they have been moved as against the original motion, that is to say, the motion and the last amendment shall be put to the meeting first, whichever first, whichever of those two is carried shall then become the meeting as against the last but one amendment and so on. 31. Duration of speeches :- Ordinarily a member moving a motion shall be allowed to speak for 14 minutes and a member moving an amendment or taking part in the debate, to speak for 7 minutes: Provided that the Mayor may reduce or increase the time prescribed therein according as the occasion demands. 32. Rules to be observed while speaking :- The following procedure shall be observed at a meeting of the Corporation: (a) A member desiring to make any speech or observation on any matter under discussion in the meeting shall speak from his place, shall rise when he speaks and shall address the Mayor; (b) If at any tine the Mayor rises to speak, the member speaking or offering to speak shall resume his seat forthwith; (c) All questions from one member to another, relating to the business of the meeting shall be put through the chair; (d) No member shall speak more than once on any matter but the proposer may speak in conclusion also after hearing all others who wish to speak; (e) Written speeches shall not be read without the permission of the Mayor; (f) The matter of every speech shall be strictly relevant to the matter under discussion before the meeting and a member while speaking shall not; (i) refer to any matter or fact on which a judicial decision is pending; (ii) make a personal charge against member or officer or other employee of the Government or the Corporation; (iii) make use of offensive expression regarding the Parliament or any State legislature or any public institution; (iv) reflect upon the conduct of the President of India or any Governor, Minister or Adminitrator, or of any court of law acting in the exercise of its judicial functions; (v) utter unreasonable seditious or defamatory words; or (vi) use his right of speech for the purpose of wilfully and persistently obstructing the business of the Corporation. (g) the Mayor after having called attention of the meeting to the conduct of a member who acts in contravention of clause (f) or persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by any other member in debate, may direct him to discontinue his speech, and he shall discontinue it forthwith. 33. Points of order :- Any member may at any time during the meeting of the Corporation submit a point of order for the discussion of the Mayor, but in doing so shall confine himself to stating the point and the Mayor shall decide all points of order which may arise or be referred to him and his decision shall be final. 34. Closure :- It shall be competent for any member at the close of any speech on any item other than a budget item to move without debate, " that the question be now put" and the motion if seconded shall, unless it shall appear to the Mayor that such motion is an abuse of these regulations or an infringement of the rights of the minority, be put forthwith. Should the motion be carried, the mover shall be entitled to reply but he shall bring his reply to a close within five minutes. Thereafter the motion or amendment under debate shall be at once put. 35. Permission required for withdrawal of motions and amendments :- A motion or an amendment cannot be withdrawn save with the leave of the meeting. 36. Motion may be put in parts :- (1) The Mayor shall have power to devide into two or more distinct parts any motion or amendment which in his opinion is so complicated as to be likely to lead to confusion or inconvenience by being debated on as one motion. (2) When by virtue of clause (1) a motion or amendment is divided, it shall not be necessary, unless the Mayor decides to the contrary, for the second and following parts of such motion or amendment to be again separately moved and seconded, but the parts of the motion so divided shall be put to the vote by the Mayor on after another. 37. Dropping an item in certain cases :- Any member may, at the close of the speech of any other member, move that the Corporation to proceed to the next business and if the motion be seconded it shall be put to the vote forthwith debate and if such a motion is carried the question under discussion shall be considered as dropped. 38. Priority to an item of business :- (1) With the consent of the majority of the members present at any meeting the Mayor may give priority to any item of business, irrespective of the order in which such item stands on the list of business. (2) No motion for giving priority to an item on the list of business shall be put to the meeting unless at least one clear day's notice of such motion has been given to the Municipal Secretary, who shall communicate the same to the members. (3) Every such notice shall specify the date on which the motion shall be moved. If the motion is not made on the specified date, a fresh notice shall be required in respect of that motion. (4) Notwithstanding anything contained in Clause (1), (2) or (3) the Mayor may allow any business with respect to any urgent matter included in the supplementary list of business under Regulation 12 to be taken up for consideration at any stage of the proceedings of the Corporation. 39. Power of Mayor to group items of business :- It shall be competent to the Mayor, with the consent of the majority of the members present to submit for consideration as one subject any two or more items of business relating to the same subject although such items may not have been grouped together on the list of business. It shall also be competent to the Mayor when more than one meeting have been called for the same day, to submit, with the consent of the majority of the members present, for consideration on subject, and for disposal by one of such meetings any two or more items of business relating to the same subject notwithstanding that such items may appear on the respective list of business for separate meetings to be held on that day. 40. Motion or adjournment debate or meeting :- When a member moves a motion for adjourning the debate or the meeting, the Mayor may at once put it to the vote after giving members such reasonable opportunity as he thinks proper to state the reasons for or against such motion. 41. Definition of an adjournment motion :- A motion for adjournment of the debate or the meeting under Regulation 40 shall be simpliciter but may be made subject to a specified limit of time, or the occurrence of a specified event, such as receipt of a report from the Commissioner or a Committee. If it includes any other qualifications, it shall be treated as an amendment under Regulation 28. 42. Adjournment motion not be moved in the middle or speech :- No motion for adjournment of the debate or the meeting shall be moved while a member is speaking. Provided that the Mayor may at any time adjourn the meeting with the consent of the majority of the members present. 43. Second motion of adjournment :- A subsequent motion for the adjournment of the debate or the meeting shall not be moved until after the lapse of such time after the last previous motion as the Mayor deems to be reasonable. 44. Voting how to be counted :- (1) Save as otherwise provided in these Regulations, when voting is demanded by at least four members, the Mayor shall direct those who desire to vote for a motion and those who desire to vote against such motion to form themselves into two groups. (2) Two tables having respectively placards, "Ayes" and "Noes" shall be placed at the end of the two corners of the hall permanently and as soon as voting is demanded the Municipal Secretary shall place a list of members on each table and members will go and initial before their names in the presence of tellers appointed by the Mayor. (3) The vote of each member present and voting upon the motion shall be taken by the tellers in the manner stated above, and the names of the members voting respectively for or against the motion as well as of those obtaining from voting, shall be recorded in the minute book. 45. Minutes to be taken as read :- T he minutes of a previous meeting of the Corporation shall be taken as read unless the majority of members present request that such minutes be read. 46. Amendment of minutes :- If any member present draws the attention of the meeting to any error or ommission in the minutes of the previous meeting, such correction shall be made therein as the Mayor, after taking the sense of the meeting, deems fit. 47. Meeting to be open to public :- Every meeting of the Corporation shall be open to the public, unless a majority of the members present thereat decide by a resolution, which shall be put by the Mayor of his own motion or at the request of any member present, without any discussion, that the deliberation of the Corporation be held in private. 48. Admission of public :- The Mayor may regulate the admission of the public to witness the proceedings of the Corporation in accordance with such orders as he may from time to time make in this behalf. 49. Removal of members of the public from meetings :- The Mayor may at any time cause any member of the public admitted to a meeting to be removed, if necessary by force, if such person interrupts or disturbs the proceedings of the meeting. 50. Powers of persons presiding in the absence of Mayor and Deputy Mayor :- The person presiding over a meeting of the Corporation in the absence of the Mayor and the Deputy Mayor shall, when so presiding have, the same powers as the Mayor when so presiding and all references to the Mayor in these regulations shall in those circumstances be deemed to be references to any such person so presiding. PART 3 PROCEDURE AND CONDUCT OF BUSINESS OF COMMITTEE 51. Election of six members to be elected by the councillors from among themselves for membership of the Standing Committees :- (1) Every candidate for election as a member of the Standing Committee shall be nominated by a Nomination Paper in Form 2 which shall be signed by the candidate and two other members of the Corporation as proposer and seconder and delivered to the Municipal Secretary between the hours of Eleven O'clock in the forenoon and Five O'clock in the afternoon at least three clear days before the date of meeting at which the election is to be held. (2) No member of the Corporation shall sign as proposer or seconder the nomination paper of more candidates than the members of vancancies to be filed. Any nomination paper subscribed in contravention of this clause shall be invalid and shall be declared as such by the Mayor. (3) Any candidate may withdraw his candidature at any time before the election is proceeded within the meeting. (4) When the number of valid nominations is the same as or less than, the number of members to be elected, the Mayor shall declare such candidate to candidates to be duly elected as member or members of the Standing Committee. (5) Where the number of nominations exceeds the number of vacancies the election shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be held by secret ballot. (6) The Municipal Secretary shall provide at the meeting:- (a) a ballot box; (b) a sufficient number of ballot papers as prescribed in Form 3; (c) material sufficient for the purpose of enabling members of the Corporation to make ballot papers; (7) (a) Every member of the Corporation shall have one vote only. (b) A member is giving his vote: (i) shall place on his ballot paper the Figure 1 in the space opposite the name of the candidate for whom he votes; and (ii) may, in addition , place on his ballot paper the Figure 2 or the Figures 2 and 3, or the Figures 2, 3 and 4 and so oh in the spaces opposite the names of other candidates in the order of his preference. (8) (a) Every member of the Corporation on receiving a ballot paper shall proceed into one of the polling compartments provided for the purpose of recording votes and shall there record his vote in accordance with the instructions set out on the ballot paper. (b) The member shall then before quitting the polling compartment, fold up his ballot papers so as to conceal his vote and put the ballot paper so folded into the ballot box in the presence of the Mayor. (c) Every member shall record his vote and quite the polling compartment without undue delay. (9) The ballot box shall remain open for the casting of votes for such period as may be fixed by the Mayor. (10) (a) As soon as the period fixed for casting of votes is over, the Mayor shall: (i) open the ballot box and take out the ballot papers contained therein; (ii) count the number of ballot papers to taken out or cause it to be counted and record such number in a statement; (iii) scrutinize the ballot papers and separate the ballot papers which he deems valid from those which he rejects as invalid by endorsing thereon the word "Rejected" and the ground of such rejection; (iv) arrange the valid ballot papers in parcels according to the first preference recorded for each candidate; and (v) count the votes in the meeting in the presence of such of the members as may be present with the assistance of such persons as may be appointed by the Mayor in this behalf. (b) The provisions of Rule 115, sub-rule (1) of Rule 116, Rules 121 to 127 and Rule 129 of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, shall, so far as may be, apply in relation to the counting of votes at an election of the members of the Standing Committee as they apply in relation to the counting of votes at elections in council constituencies subject to the modification that any reference to the "Returning Officer" in any of those provisions shall be construed as a reference to the "Mayor." (11) Upon the completion of the counting of votes, the Mayor shall prepare and certify a return in Form 4 setting forth: (i) the names of the candidates for whom valid votes have been given; (ii) the number of valid votes given to each candidate; (iii) the number of votes declared invalid and rejected; and (iv) the names of the persons declared elected. (12) The ballot papers shall be kept by the Municipal Secretary for three months from the date of election and may then be destroyed by him. 51A. Election of one member each by members of each ward committee from among themselves for membership of Standing Committee :- The procedure prescribed in sub-regulation (1), (2), (3), (4), (6), (7) (a), (7) (b) (I) with the modification that each member shall place a cross (x), (8), (9), (10) (a) (i), (ii),(iii) and (iv), (11) and (12) of regulation 51 shall apply, as far as may be, to the election o f one member each by the members of each wards committee from among themselves, subject to the modification that references t o "Corporation", "Mayor", and "Standing Committee", shall be construed as references to the "Presiding authority" and "members" of the concerned wards committee. 52. Election of members of other Committees :- The provisions of Regulation 51 shall apply, as far as may be, to the election of members of the Delhi Electric Supply Committee, the Delhi Transport Committee the Delhi Water Supply and Sewage Disposal Committee, the Education Committee or any special committee constituted under Section 40. 53. Convening of meetings of Committee :- (1) The date, time and place of the first meeting of the Delhi Electric Supply Committee or the Delhi Transport Committee, after its constitution, shall be fixed by the General Manager (Electricity) or as the case may be, the General Manager (Transport) and the date, time and place of the first meeting of any other committee (except an Ad-hoc Committee), after its constitution, shall be fixed by the Commissioner. (2) The date, time and place of every subsequent meeting of any such committee shall be fixed by the Committee itself: Provided that a meeting of the Standing Committee shall be held normally once a week, a meeting each of the Delhi Electric Supply Committee. The Delhi Transport Committee and the Delhi Water and Sewage Disposal Committee shall be held normally once fortnight and a meeting of any other Committee shall be held when necessary. If the Committee omits to fix the date, time and place of the meeting, it shall be fixed by the Chairman of the respective Committee. 54. Election of Chairman and Deputy Chairman :- (1) The Mayor shall nominate a member the Committee concerned referred to in Clause (I) of Regulation 53 who is not a candidate for elections as Chairman or Deputy Chairman, to preside at its first meeting in each year. (2) The procedure prescribed in Regulation 6 for the election of Mayor shall, as far as may be, apply for the election of Chairman or Deputy Chairman under the rule subject to the modifications that references to the presiding authority in the said regulation shall be construed as references to the person nominated under Clause (I). 55. Special Meetings :- The Chairman of a committee referred to in Clause (I) of Regulation 53, shall whenever he thinks fit, or on a written requisition signed by the Commissioner, or, as the case may be, the General Manager concerned, or by not less than three members of the Committee concerned within 24 hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business. 56. Quorum :- (1) No business shall be transacted at a meeting of the Standing Committee or the Rural Areas Committee unless at least seven members are present. (2) No business shall be transacted at a meeting of the Delhi Electric Supply Committee, the Delhi Transport Committee, the Delhi Water Supply and Sewage Disposal Committee or the Education Committee unless three members of the Committee are present. (3) No business shall be transacted at a meeting of a Committee other than the Committees referred to in Clauses (1) and (2) unless more than one third of the number of members of that Committee are present. 57. Resolutions :- A member who desires to move any resolution shall give notice of his intention to the Municipal Secretary at least two clear days before the day of the meeting of the Committee at which such resolution is to be brought forward. 58. List of business :- T he Municipal Secretary shall send to each member on the day previous to the meeting, the list of business for the meeting and except in special circumstances and with the assent of the members present, no business not entered on such list shall be transacted at a meeting of the Committee. 59. Members right to ask postponement of certain items of list of business :- The consideration of any item in the list of business of which two days' notice has not been given shall, at request of any two members of the Committee made, before discussion thereon begins either orally or if absent, by letter, be postponed until the next meeting. 60. Seconding of resolutions and amendments :- All resolutions, motions or amendments shall be duly proposed and seconded. 61. Certain motions or amendments to be voted in parts :- The Chairman shall have power to devide into two or more distinct part and motion or amendment, which in his opinion, is so complicated as is likely to lead to confusion or inconvenience by being voted upon as a whole. 62. Amendments :- (1) When a motion has been put to the meeting any member may propose and amendment thereto. No second amendment, except for the adjournment of the debate, shall be proposed until the first has been disposed of. (2) The first amendment, if carried, shall be put as a substantive motion to which other amendments may be proposed. (3) A motion to adjourn a meeting or to postpone the consideration of a particular item of list of business shall always take precedence. 63. Points or order :- The Chairman shall decide summarily all points of order raised at a meeting of the Committee. 64. Voting :- (1) Voting shall be by show of hands. (2) Every question shall be decided by a majority of votes of the members of the Committee present and voting, the Chairman having a second or casting vote when there is an equality of votes. 65. Confirmation of minutes :- (1) The minutes of a meeting shall be previously circulated and be taken as read unless the majority of the members request that such minutes be read. (2) If any member present draws the attention of the Chairman to any portion of the minutes of the previous meeting as being erroneously entered in the minute book, such correction as is deemed necessary by the Chairman shall be made before the minutes are signed. 66. Powers of person presiding in the absence or chairman :- The person presiding over a meeting of a Committee in the absence of the Chairman shall when so presiding have the same powers as the Chairman when so presiding and all references to the Chairman in this part shall in those circumstances be deemed to be reference to any person so presiding. 66A. Procedure for the conduct of business of a meeting of a Committee :- Save as otherwise provided in these regulations the procedure laid down for the conduct of business of a meeting of the Corporation shall, as far as may be, followed for the conduct of business at a meeting of any Committee other than an Ad-hoc Committee. Sub- Committees 67. Presiding officer of a Sub-committee :- A Sub-committee under Section 65 may choose one of its members to preside over its meeting. 68. Transaction of business by a sub-committee :- A Sub-Committee may meet and adjourn as it thinks proper and shall transact its business subject to the instructions that may be issued to it under sub-section (2) of Section 55. 69. Quorum :- No business shall be transacted at a meeting of sub-committee unless at least more than half of the members of the sub- committee are present. 70. Procedure :- In other respects, the procedure laid down in Rules 53 to 66 for the conduct of business at a meeting of the Committees referred to therein shall, as far as may be, be followed for the conduct of business at a meeting of the sub-committee.