The Government of National Capital Territory of Delhi Act, 1991
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 Matters in which Lieutenant Governor to act in his sole discretion.
41. Matters in which Lieutenant Governor to 1[act in his sole discretion].--(1) The Lieutenant Governor shall 2[act in his sole discretion] in a matter--
(i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions 3[; or].
3[(iii) in discharge of his functions under Part IV-A of this Act.]
(2) If any question arises as to whether any matter is or is 4[not a matter in respect of] which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final.
(3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.
(i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions 3[; or].
3[(iii) in discharge of his functions under Part IV-A of this Act.]
(2) If any question arises as to whether any matter is or is 4[not a matter in respect of] which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final.
(3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.
1. Subs. by Act 19 of 2023, s. 3, in the marginal heading, for the words "act in his discretion" (w.e.f. 19-5-2023).
2. Subs. by s. 3, ibid., for "act in his discretion" (w.e.f. 19-5-2023).
3. Ins. by s. 3, ibid. (w.e.f. 19-5-2023).
4. Subs. s. 3, ibid, for "not a matter as respects" (w.e.f. 19-5-2023).
2. Subs. by s. 3, ibid., for "act in his discretion" (w.e.f. 19-5-2023).
3. Ins. by s. 3, ibid. (w.e.f. 19-5-2023).
4. Subs. s. 3, ibid, for "not a matter as respects" (w.e.f. 19-5-2023).
Section 42 Advice by Ministers.
The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant Governor shall not be inquired into in any court.
Section 43 Other provisions as to Ministers.
(1) Before a Minister enters upon his office, the Lieutenant Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Schedule.
(2) A Minister who, for any period of six consecutive months, is not a member of the Legislative Assembly shall, at the expiration of that period, cease to be a Minister.
(3) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by law determine and until the Legislative Assembly so determines, shall be determined by the Lieutenant Governor with the approval of the President.
(2) A Minister who, for any period of six consecutive months, is not a member of the Legislative Assembly shall, at the expiration of that period, cease to be a Minister.
(3) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by law determine and until the Legislative Assembly so determines, shall be determined by the Lieutenant Governor with the approval of the President.
Section 44 Conduct of business. 2 docs
(1) The President shall make rules
(a) for the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and
(b) for the more convenient transaction of business with the Ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor.
1]Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.]
(3) Orders and other instruments made and executed in the name of the Lieutenant Governor shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Lieutenant Governor.
(a) for the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and
(b) for the more convenient transaction of business with the Ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor.
1]Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.]
(3) Orders and other instruments made and executed in the name of the Lieutenant Governor shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Lieutenant Governor.
1. Ins. by Act 15 of 2021, s. 5 (w.e.f. 27-4-2021).
Section 45 Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc.
It shall be the duty of the Chief Minister—
(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Capital and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Capital and proposals for legislation as Lieutenant Governor may call for; and
(c) if the Lieutenant Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Capital and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Capital and proposals for legislation as Lieutenant Governor may call for; and
(c) if the Lieutenant Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Section 45A Definitions.
1[45A. Definitions.--- In this Part, unless the context otherwise requires,--
(a) "All India Services" means any service created under the All India Services Act, 1951 (61 of 1951), except the Indian Police Service;
(b) "Authority" means the National Capital Civil Service Authority constituted under sub-section (1) of section 45E;
(c) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (2) of section 45E;
(d) "Chief Secretary" means the Chief Secretary of the Government of National Capital Territory of Delhi appointed by the Central Government;
(e) "Council" means the Council of Ministers referred to in clause (4) of article 239AA of the Constitution;
(f) "DANICS" means the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services;
(g) "Delhi Subordinate Services Selection Board" means the Delhi Subordinate Services Selection Board constituted by the Government of National Capital Territory of Delhi through its Resolution No. F-3(7)/93-S.III, dated 4th October, 1996 read with Resolution F. 3(24)/DSSSB/2008-S.III/1764, dated 12th May, 2008;
(h) "Department" means a Department or office specified in the Schedule to the Business of Delhi (Allocation) Rules, 1993;
(i) "Group 'A' officers" means the officers serving in the affairs of the Government of National Capital Territory of Delhi--
(a) belonging to All India Services, except the officers of the Indian Police Service;
(b) who are classified as Group 'A' officers, under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officers who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(j) "Group B' officials" means the Group 'B' officials, as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(k) "Group 'C' officials" means Group C officials as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(l) "National Capital Territory of Delhi" means the Union territory of Delhi as defined in clause (1) of article 239AA of the Constitution;
(m) "Member" means a member of the Authority and includes the Chairperson;
(n) "Principal Home Secretary" means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the Home Department of the Government of National Capital Territory of Delhi; and
(o) "Secretary" means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the concerned Department of the Government of National Capital Territory of Delhi.]
(a) "All India Services" means any service created under the All India Services Act, 1951 (61 of 1951), except the Indian Police Service;
(b) "Authority" means the National Capital Civil Service Authority constituted under sub-section (1) of section 45E;
(c) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (2) of section 45E;
(d) "Chief Secretary" means the Chief Secretary of the Government of National Capital Territory of Delhi appointed by the Central Government;
(e) "Council" means the Council of Ministers referred to in clause (4) of article 239AA of the Constitution;
(f) "DANICS" means the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services;
(g) "Delhi Subordinate Services Selection Board" means the Delhi Subordinate Services Selection Board constituted by the Government of National Capital Territory of Delhi through its Resolution No. F-3(7)/93-S.III, dated 4th October, 1996 read with Resolution F. 3(24)/DSSSB/2008-S.III/1764, dated 12th May, 2008;
(h) "Department" means a Department or office specified in the Schedule to the Business of Delhi (Allocation) Rules, 1993;
(i) "Group 'A' officers" means the officers serving in the affairs of the Government of National Capital Territory of Delhi--
(a) belonging to All India Services, except the officers of the Indian Police Service;
(b) who are classified as Group 'A' officers, under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officers who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(j) "Group B' officials" means the Group 'B' officials, as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(k) "Group 'C' officials" means Group C officials as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(l) "National Capital Territory of Delhi" means the Union territory of Delhi as defined in clause (1) of article 239AA of the Constitution;
(m) "Member" means a member of the Authority and includes the Chairperson;
(n) "Principal Home Secretary" means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the Home Department of the Government of National Capital Territory of Delhi; and
(o) "Secretary" means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the concerned Department of the Government of National Capital Territory of Delhi.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45B Public Service Commissions for National Capital Territory of Delhi.
1[45B. Public Service Commissions for National Capital Territory of Delhi.--(1) The Union Public Service Commission shall be the Public Service Commission for Group 'A' and Group 'B' gazetted posts in the National Capital Territory of Delhi.
(2) The Delhi Subordinate Services Selection Board shall be the recruitment agency for appointment to the Group 'B' non-gazetted posts and Group 'C' posts in the National Capital Territory of Delhi.]
(2) The Delhi Subordinate Services Selection Board shall be the recruitment agency for appointment to the Group 'B' non-gazetted posts and Group 'C' posts in the National Capital Territory of Delhi.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45C Power of Central Government to make rules under this Part.
1[45C. Power of Central Government to make rules under this Part.-- The Central Government may make rules to provide for any one or more of the following matters, in connection with the affairs of the Government of National Capital Territory of Delhi under this Part, 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 or posted;
(b) the powers, duties and functions of officers and other employees appointed or posted;
(c) the qualifications of candidates for appointment to the posts and the manner of selection for the appointments;
(d) transfer or posting of the officers and other employees posted;
(e) the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie;
(f) any other 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; and
(g) any other matter for which, in the opinion of the Central Government, provisions are to be made by rules.]
(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 or posted;
(b) the powers, duties and functions of officers and other employees appointed or posted;
(c) the qualifications of candidates for appointment to the posts and the manner of selection for the appointments;
(d) transfer or posting of the officers and other employees posted;
(e) the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie;
(f) any other 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; and
(g) any other matter for which, in the opinion of the Central Government, provisions are to be made by rules.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45D Power to appoint authorities, boards, commissions or statutory bodies.
1[45D. Power to appoint authorities, boards, commissions or statutory bodies.--Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office bearer or member thereof, constituted or appointed by or under--
(a) any law made by the Parliament for the time being in force, applicable to the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President; and
(b) any law made by the Legislative Assembly of National Capital Territory of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H.]
(a) any law made by the Parliament for the time being in force, applicable to the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President; and
(b) any law made by the Legislative Assembly of National Capital Territory of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45E Constitution of National Capital Civil Service Authority.
1i[45E. Constitution of National Capital Civil Service Authority.--(1) There shall be an Authority to be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it under this Part.
(2) The Authority, referred to in sub-section (1), shall consist of the following Members, namely:--
(a) the Chief Minister of Government of National Capital Territory of Delhi, who shall be the Chairperson of the Authority, ex officio;
(b) the Chief Secretary of Government of National Capital Territory of Delhi, Member, ex officio; and
(c) the Principal Home Secretary, Government of National Capital Territory of Delhi, who shall be the Member-Secretary to the Authority, ex officio.
(3) All matters required to be decided by the Authority shall be decided by majority of votes of the Members present and voting.
(4) All recommendations of the Authority shall be authenticated by the Member-Secretary.
(5) The head office of the Authority shall be at Delhi.]
(2) The Authority, referred to in sub-section (1), shall consist of the following Members, namely:--
(a) the Chief Minister of Government of National Capital Territory of Delhi, who shall be the Chairperson of the Authority, ex officio;
(b) the Chief Secretary of Government of National Capital Territory of Delhi, Member, ex officio; and
(c) the Principal Home Secretary, Government of National Capital Territory of Delhi, who shall be the Member-Secretary to the Authority, ex officio.
(3) All matters required to be decided by the Authority shall be decided by majority of votes of the Members present and voting.
(4) All recommendations of the Authority shall be authenticated by the Member-Secretary.
(5) The head office of the Authority shall be at Delhi.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45F Meetings of Authority.
1[45F. Meetings of Authority. -- (1) The Authority shall meet at such time and place as the MemberSecretary may decide with approval of the Chairperson of the Authority, as and when so required.
(2) The Chairperson of the Authority shall preside over the meetings of the Authority.
(3) The quorum for the meeting of the Authority shall be of two Members.]
(2) The Chairperson of the Authority shall preside over the meetings of the Authority.
(3) The quorum for the meeting of the Authority shall be of two Members.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45G Appointment of officers and other staff of Authority.
1[45G. Appointment of officers and other staff of Authority.--(1) The Central Government, in consultation with the Authority, shall determine the nature and the categories of officers and other employees required to assist the Authority in the discharge of its functions and provide the Authority with such officers and employees, as it may deem fit.
(2) The officers and other employees of the Authority shall discharge their duties and functions under the general superintendence and control of the Authority.
(3) The salaries, allowances and conditions of service of the officers and other employees appointed under sub-section (1) shall be by rules made by the Central Government.]
(2) The officers and other employees of the Authority shall discharge their duties and functions under the general superintendence and control of the Authority.
(3) The salaries, allowances and conditions of service of the officers and other employees appointed under sub-section (1) shall be by rules made by the Central Government.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45H Powers and functions of Authority.
1[45H. Powers and functions of Authority.-- (1) Notwithstanding anything contained in any other law for the time being in force, the Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution; and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor:
Provided that Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility to any other authority of the Government of National Capital Territory of Delhi.
(2) The Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and recommend for grant of prosecution sanctions to the Competent Authorities under the relevant Constitutional or statutory provisions against all the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor:
Provided that the Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility in respect to such officers serving in the affairs of the Government of National Capital Territory of Delhi to an officer of All India Services.
(3) The Lieutenant Governor, after the receipt of such recommendation under sub-section (1) or sub-section (2) of this section, may pass appropriate orders giving effect to the recommendation made:
Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi:
Provided further that in case the Lieutenant Governor differs with the recommendation made, whether based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration by the Authority:
Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final.
(4) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority shall--
(a) make recommendations to the Lieutenant Governor for framing policies on--
(i) stability of tenure of posting of officers and other employees;
(ii) rotational transfers and postings from sensitive to non-sensitive posts and vice-versa;
(iii) determining suitability of officer for posting as Head of the Department;
(iv) transfers and postings of all officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
(b) make policy insofar as it relates to--
(i) the capacity building of the officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
(ii) ensuring effectiveness in public services delivery in the Government of National Capital Territory of Delhi;
(iii) ensuring good governance and e-governance in public administration in the Government of National Capital Territory of Delhi;
(iv) ensuring greater transparency in the administration of the Government of National Capital Territory of Delhi;
(v) ensuring the presence of a citizen centric administration in the Government of National Capital Territory of Delhi; and
(vi) any other matter connected therewith or incidental thereto.]
Provided that Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility to any other authority of the Government of National Capital Territory of Delhi.
(2) The Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and recommend for grant of prosecution sanctions to the Competent Authorities under the relevant Constitutional or statutory provisions against all the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor:
Provided that the Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility in respect to such officers serving in the affairs of the Government of National Capital Territory of Delhi to an officer of All India Services.
(3) The Lieutenant Governor, after the receipt of such recommendation under sub-section (1) or sub-section (2) of this section, may pass appropriate orders giving effect to the recommendation made:
Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi:
Provided further that in case the Lieutenant Governor differs with the recommendation made, whether based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration by the Authority:
Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final.
(4) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority shall--
(a) make recommendations to the Lieutenant Governor for framing policies on--
(i) stability of tenure of posting of officers and other employees;
(ii) rotational transfers and postings from sensitive to non-sensitive posts and vice-versa;
(iii) determining suitability of officer for posting as Head of the Department;
(iv) transfers and postings of all officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
(b) make policy insofar as it relates to--
(i) the capacity building of the officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi;
(ii) ensuring effectiveness in public services delivery in the Government of National Capital Territory of Delhi;
(iii) ensuring good governance and e-governance in public administration in the Government of National Capital Territory of Delhi;
(iv) ensuring greater transparency in the administration of the Government of National Capital Territory of Delhi;
(v) ensuring the presence of a citizen centric administration in the Government of National Capital Territory of Delhi; and
(vi) any other matter connected therewith or incidental thereto.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45I Disposal of matters by Minister.
1[45-I. Disposal of matters by Minister. -- (1) The Minister in-charge may, by means of standing orders, give such directions as he deems fit for the disposal of proposals or matters in his Department:
Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provisions of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978.
(2) The Minister, in consultation with the Secretary concerned, may issue standing orders, concerning the matters or classes of matters which are to be brought to the personal notice of the Minister:
Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provision of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978.
(3) The copies of directions and standing orders shall be forwarded to the Lieutenant Governor and the Chief Minister.
(4) Notwithstanding anything contained in sub-sections (1) and (2), in addition to the proposals or matters required to be placed before the Lieutenant Governor under any law for the time being in force, the following proposals or matters shall be submitted to the Lieutenant Governor for his opinion through the Chief Minister and the Chief Secretary, before issuing any orders thereon, namely:--
(i) matters which affect or are likely to affect the peace and tranquility of the National Capital Territory of Delhi;
(ii) matters which affect or are likely to affect the interest of any particular community, the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes or any other class of persons;
(iii) matters which affect the relations of the Government of National Capital Territory of Delhi with the Central Government, or any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined;
(iv) matters pertaining to the Secretariat of the Lieutenant Governor and personnel establishment and other matters relating to his office;
(v) matters on which the Lieutenant Governor is required to make an order under any law or instrument in force in his sole discretion;
(vi) matters specified under general or special order issued by the Lieutenant Governor under proviso to sub-section (2) of section 44;
(vii) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence;
(viii) matters relating to summoning, prorogation and dissolution of the Legislative Assembly, removal of disqualification of voters at elections to the Legislative Assembly, Local Self Government Institutions and other matters connected therewith; and
(ix) any other matter of administrative importance which the Chief Minister may consider necessary.]
Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provisions of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978.
(2) The Minister, in consultation with the Secretary concerned, may issue standing orders, concerning the matters or classes of matters which are to be brought to the personal notice of the Minister:
Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provision of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978.
(3) The copies of directions and standing orders shall be forwarded to the Lieutenant Governor and the Chief Minister.
(4) Notwithstanding anything contained in sub-sections (1) and (2), in addition to the proposals or matters required to be placed before the Lieutenant Governor under any law for the time being in force, the following proposals or matters shall be submitted to the Lieutenant Governor for his opinion through the Chief Minister and the Chief Secretary, before issuing any orders thereon, namely:--
(i) matters which affect or are likely to affect the peace and tranquility of the National Capital Territory of Delhi;
(ii) matters which affect or are likely to affect the interest of any particular community, the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes or any other class of persons;
(iii) matters which affect the relations of the Government of National Capital Territory of Delhi with the Central Government, or any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined;
(iv) matters pertaining to the Secretariat of the Lieutenant Governor and personnel establishment and other matters relating to his office;
(v) matters on which the Lieutenant Governor is required to make an order under any law or instrument in force in his sole discretion;
(vi) matters specified under general or special order issued by the Lieutenant Governor under proviso to sub-section (2) of section 44;
(vii) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence;
(viii) matters relating to summoning, prorogation and dissolution of the Legislative Assembly, removal of disqualification of voters at elections to the Legislative Assembly, Local Self Government Institutions and other matters connected therewith; and
(ix) any other matter of administrative importance which the Chief Minister may consider necessary.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45J Duties of Secretaries.
1[45J. Duties of Secretaries.-- (1) The Secretary of the Department concerned shall be responsible for preparing and authenticating every memorandum including the Cabinet Notes, for consideration of the Council of Ministers and for obtaining approval of the Minister in-charge and the Chief Minister.
(2) In case of proposals involving more than one Department, the views of all concerned Secretaries and the Ministers of all Departments consulted on the proposal shall be clearly and separately reflected in writing and signed by the Minister and the Secretary in the memorandum so as to ensure that in case of disagreement, the Council of Ministers shall take a decision.
(3) In case the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of any law for the time being in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of the Lieutenant Governor for taking a decision thereon.
(4) Any matter which is likely to bring the Government of National Capital Territory of Delhi into controversy with the Central Government or with any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined, the Secretary to the Department concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, the Chief Minister and the Chief Secretary in writing.
(5) The Chief Secretary and the Secretary to the Department concerned shall be responsible for compliance with the provisions of this Act and the rules made under section 44, and when either of them considers that there has been any material departure from the same, instead of giving effect to such departure, he shall personally bring it to the notice of the Minister in-charge, the Chief Minister and the Lieutenant Governor immediately in writing.
(2) In case of proposals involving more than one Department, the views of all concerned Secretaries and the Ministers of all Departments consulted on the proposal shall be clearly and separately reflected in writing and signed by the Minister and the Secretary in the memorandum so as to ensure that in case of disagreement, the Council of Ministers shall take a decision.
(3) In case the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of any law for the time being in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of the Lieutenant Governor for taking a decision thereon.
(4) Any matter which is likely to bring the Government of National Capital Territory of Delhi into controversy with the Central Government or with any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined, the Secretary to the Department concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, the Chief Minister and the Chief Secretary in writing.
(5) The Chief Secretary and the Secretary to the Department concerned shall be responsible for compliance with the provisions of this Act and the rules made under section 44, and when either of them considers that there has been any material departure from the same, instead of giving effect to such departure, he shall personally bring it to the notice of the Minister in-charge, the Chief Minister and the Lieutenant Governor immediately in writing.
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 45K Power to make rules.
1[45K. Power to make rules.--(1) The Central Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Part.
(2) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
(2) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
Section 46 Consolidated Fund of the Capital.
(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all revenues received in the Capital by the Government of India or the Lieutenant Governor in relation to any matter with respect to which the Legislative Assembly has power to make laws, and all grants made and 1 [all loans advanced to the Capital from the Consolidated Fund of India and all loans raised by the Government of India or by the Lieutenant Governor upon the security of the Consolidated Fund of the Capital] and all moneys received by the Capital in repayment of loans shall form one Consolidated Fund to be entitled "the Consolidated Fund of the National Capital Territory of Delhi" (referred to in this Act as the Consolidated Fund of the Capital).
(2) No moneys out of the Consolidated Fund of the Capital shall be appropriated except in accordance with and for the purposes and in the manner provided in this Act.
(3) The custody of the Consolidated Fund of the Capital, the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Lieutenant Governor with the approval of the President.
(2) No moneys out of the Consolidated Fund of the Capital shall be appropriated except in accordance with and for the purposes and in the manner provided in this Act.
(3) The custody of the Consolidated Fund of the Capital, the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Lieutenant Governor with the approval of the President.
1. Subs. by Act 38 of 2001, s. 7, for "all loans" advanced to the Capital from the Consolidated Fund of India (w.e.f. 10-5-2006).
Section 46A Public Account of the Capital and moneys credited to it.
1 [46A. Public Account of the Capital and moneys credited to it.—(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Lieutenant Governor shall be credited to a public account entitled “the Public Account of the Capital”.
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Capital or the Contingency Fund of the National Capital Territory of Delhi, received by or on behalf of the Lieutenant Governor, their payment into the Public Account of the Capital and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by rules made by the Lieutenant Governor with the approval of the President.]
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Capital or the Contingency Fund of the National Capital Territory of Delhi, received by or on behalf of the Lieutenant Governor, their payment into the Public Account of the Capital and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by rules made by the Lieutenant Governor with the approval of the President.]
1. Ins. by Act 38 of 2001, s. 8 (w.e.f. 10-5-2006).
Section 47 Contingency Fund of the Capital.
(1) There shall be established a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of the National Capital Territory of Delhi into which shall be paid from and out of the Consolidated Fund of the Capital such sums as may, from time to time, be determined by law made by the Legislative Assembly; and the said Fund shall be held by the Lieutenant Governor to enable advances to be made by him out of such Fund.
(2) No advances shall be made out of the Contingency Fund referred to in sub-section (1) except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly under appropriations made by law.
(3) The Lieutenant Governor may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the aforesaid Contingency Fund.
(2) No advances shall be made out of the Contingency Fund referred to in sub-section (1) except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly under appropriations made by law.
(3) The Lieutenant Governor may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the aforesaid Contingency Fund.
Section 47A Borrowing upon the security of the Consolidated Fund of the Capital.
1 [47A. Borrowing upon the security of the Consolidated Fund of the Capital.—(1) The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the Capital, within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantee within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Lieutenant Governor subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Capital.
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Lieutenant Governor subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Capital.
7. Ins. by s. 9, ibid. (w.e.f. 10-5-2006).