Delhi’s 3 MCDs in limbo till merger rules are laid out, say officials

The operations of Delhi’s three civic bodies were unchanged on Tuesday, after President Ram Nath Kovind’s assent and the Centre’s notification of the Delhi Municipal Corporation Amendment Act, 2022 (which paves the way for the unification of the three civic bodies municipal corporations), with senior functionaries clarifying that the Union home ministry will issue a separate notification that will set a date for the eventual merger.

However, there was widespread confusion within the corporations, with employees speculating if the three bodies had fused, and a new, unified Municipal Corporation of Delhi had taken shape. Many employees unions even shared celebratory messages with each other, in the hope that endless salary delays would be a thing of the past.

Senior municipal functionaries later clarified that the three corporations have not yet ceased to exist individually, and that the unification hinges on directions from the Centre.

“Unification has not taken place so far. The Act will immediately halt the municipal election process, which was still legally alive. This notification puts a stop to the possibility of polls, since the state election commission will need at least one month to carry out election process for a new corporation. We await further orders from the Centre,” the official said.

Constitutional expert and former secretary to the Lok Sabha and Delhi assembly SK Sharma said the constitutional process demands that another notification be issued for the Act to be implemented, adding that the corporations will need more time to implement the minutiae of the process, such as assets, staff, areas and liabilities.

“It is expected to be a long-drawn process, keeping the scale of local bodies in mind,” he added.

The terms of the current batch of the elected councillors of the South, North and East Delhi municipal corporations will lapse on May 18, May 19 and May 22 respectively. A senior North Delhi Municipal Corporation official said the existing municipal functionaries will complete their remaining tenures, but can only carry out routine, daily functions over this period.

“They can perform day-to-day functions such as handing out salaries, issuing orders related to garbage removal, and other usual functions,” the official said.

However, no policy decision can be taken, no inaugurations carried out and no meetings of committees or house can be called, the official added.

“No decision that impacts the unification process can be taken either,” the official said.

According to Monday’s notification, the unified civic body will not have more than 250 wards, down from 272 currently.

Another senior official from the municipal secretariat said the terms of the existing civic bodies will be allowed to expire and that their early dissolution would have caused “legal complications”.

“The dissolution process is clearly laid out in Section 490 of the DMC Act and involves the Delhi Assembly as well. The Centre has perhaps not opted to dissolve the body to avoid these complications,” the official said.

HT earlier reported that the unified MCD was in a suspended state for 12 years, over three periods, by invoking Section 490, which reads, “An order of dissolution made under this section, together with a statement of the reasons shall be laid before each House of Parliament and the legislative assembly of the National Capital Territory of Delhi.”

Jogi Ram Jain, the North MCD standing committee chairperson, said the north body continues to exist as it did before the notification. “The Monday notification said that the Act shall come into force on such date as the Centre may issue by notification in the official gazette… I am still the chairman, but I can’t call for any committee meetings or take policy decisions,” Jain said.

East Delhi mayor Shyam Sunder Aggarwal said the law department has been consulted and that he will continue in his position till a notification detailing the unification process is issued, or till EDMC’s term expires on May 22. “All services, portals and rates are operating as before. We will wait for a specific order from the Centre,” the mayor said.

SDMC standing committee chairman, Col (retd) BK Oberoi said the corporations will draw up lists of the unified MCD cadre, and that many officers on deputation will go back to parent cadres. “The unification will take two or three months and several orders and notifications. Around 700 posts will be surrendered. A team of 12-14 people who will act as a coordination committee for unification is also expected. SDMC exists as it existed a day ago. All mayors and committee chairpersons continue to hold their posts,” he added.

Meetings regarding preparations for unification have been on for several weeks now, according to senior officials. On Tuesday morning, the central establishment department also called a meeting to finalise the number of posts for a unified MCD, but the unavailability of departmental data has delayed the process.