Need to review the Delhi Municipal Corporation (amendment) Act

Mr. Yogender Chandoliya Senior BJP Leader has demanded that a committee consisting of legal, administration and social field activists be formed to review the Delhi Municipal Corporation (amendment) Act 2011 as it has been drafted in hurry with political motives? by the Delhi Government. The Delhi Govt. while drafting the present Delhi Municipal Corporation Act has many legal anomalies having far reaching adverse affects on the working administration of these Corporations.

He has alleged that the budget estimate for the year 2012-13 as got adopted from the corporations has no mention about the Schedule of Establishment as per requirement of the section 90 of the Act. Hence, the order of the Director (Local Bodies) has no legal backing and the staff so posted in the Municipal Corporations cannot be paid salaries.

For example the Section 90A of the Act regarding Officers and Employees of the erstwhile Corporation mentions dividing of the staff among the newly formed corporations by the Director of Local Bodies, ignoring the fact that creation of Posts and schedules, under the provisions of section 90 of the Act are prerequisite for which approval of the corporation contains had to be taken by the commissioner.

Not only above the Commissioner has been authorized u/s 511 of the Act, to employ any officer or other employ transferred to the Corporation as he may thing proper every such officer or other employ shell discharge those functions, accordingly. This too contrivance the provisions of section 91 of the Act also specifically continence that no permanent officer or other employ shell be entertained in any department of the municipal administration unless he has been appointed as per sub section 89 of the act and his office and emoluments included in one of the scheduled for the time being in force prepared and sanction u/s 90 of the Act.