21. Restrictions on laws passed by Legislative Assembly with respect to certain matters.
21. Restrictions on laws passed by Legislative Assembly with respect to certain matters.—(1) The provisions of Article 286, Article 287 and Article 288 shall apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters.
(2) The provisions of Article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters.
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Other Contents of Government of National Capital Territory of Delhi Act, 1991 |
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Sections 1 to 20 |
22. Special provisions as to financial Bills.
22. Special provisions as to financial Bills.—(1) A Bill or amendment shall not be introduced into, or moved in the Legislative Assembly except on the recommendation of the Lieutenant, Governor, if such Bill or amendment makes provision for any of the following matters, namely—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;
(c) the appropriation of moneys out of the Consolidated Fund of the Capital;
(d) the declaring of any expenditure to be expenditure charged on the Consolidated fund of the Capital or the increasing of the amount of any such expenditure;
[i][(e) the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital:]
Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of the Capital shall not be passed by the Legislative Assembly unless the Lieutenant Governor has recommended to that Assembly the consideration of the Bill.
23. Procedure as to lapsing of Bills.
23. Procedure as to lapsing of Bills.—(1) A Bill pending in the Legislative Assembly shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill which is pending in the Legislative Assembly shall lapse on a dissolution of the Assembly.
24. Assent to Bills.
24. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President.
Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which—
(a) In the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or
(b) The President may, by order, direct to be reserved for his consideration; or
(c) Relates to matters referred to in sub-section (5) of Section 7 or Section 19 or Section 34 or sub-section (3) of Section 43.
Explanation.—For the purposes of this section and Section 25, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of Section 22 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
25. Bills reserved for consideration.
25. Bills reserved for consideration.—When a Bill is reserved by the Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governor to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to Section 24 and, when a Bills is so returned, the Assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the Assembly with or without amendment, it shall be presented again to the President for his consideration.
26. Requirement as to sanction, etc.
26. Requirement as to sanction, etc.—No Act of the Legislative Assembly, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the Consideration of the President, by the President.
27. Annual financial Statement.
27. Annual financial Statement.—(1) The Lieutenant Governor shall in respect of every financial year cause to be laid before the Legislative Assembly, with the previous sanction of the President, a statement of the estimated receipts and expenditure of the Capital for that year, in this Part referred to as the “annual financial statement.
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Act as expenditure charged upon the consolidated Fund of the Capital; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Capital, and shall distinguish expenditure on revenue account from other expenditure.
(3) Notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the Consolidated Fund of the Capital—
(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating to his office as determined by the President by general or special order;
(b) the charges payable in respect of loans advanced to the Capital from the Consolidated Fund of India including interest, sinking fund charges and redemption charges, and other expenditure connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly;
(d) expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi;
(e) any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by the Constitution or by law made by Parliament or by the Legislative Assembly to be so charged.
28. Procedure in Legislative Assembly with respect to estimates.
28. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of the Capital shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Lieutenant Governor.
29. Appropriation Bills.
29. Appropriation Bills.—(1) As soon as may be after the grants under Section 28 have been made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Capital of all moneys required to meet:
(a) the grants so made by the Assembly; and
(b) the expenditure charged on the Consolidated Fund of the Capital but not exceeding in any case the amount shown in the statement previously laid before the assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated fund of the Capital and the decision of the person presiding as to whether as amendment is inadmissible under this sub-section shall be final.
(3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated Fund of the Capital except under appropriation made by law passed in accordance with the provisions of this section.
30. Supplementary, additional or excess grants.
30. Supplementary, additional or excess grants.—(1) the Lieutenant Governor shall:
(a) if the amount authorised by any law made in accordance with the provisions of Section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year; or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,
cause to be laid before the Legislative Assembly, with the previous sanction of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly with such previous sanction a demand for such excess, as the case may be.
(2) The provisions of Sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the Capital to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Capital to meet such expenditure or grant.
31. Vote on account.
31. Vote on account.—(1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Section 28 for the voting of such grant and the passing of the law in accordance with the provisions of Section 29 in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the consolidated Fund of the Capital for the purposes for which the said grant is made.
(2) The Provisions of Sections 28 and 29 shall have effect in relation to the making of any grant under sub-section (1) or to any law to be made under that sub section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys, out of the Consolidated Fund of the Capital to meet such expenditure.
32. Authorisation of expenditure pending its sanction by Legislative Assembly.
32. Authorisation of expenditure pending its sanction by Legislative Assembly.—Notwithstanding anything in the foregoing provisions of this Part, the Lieutenant Governor may authorise such expenditure from the Consolidated Fund of the Capital as he deems necessary for a period of not more than six months beginning with the date of the constitution of the Consolidated Fund of the Capital, pending the sanction of such expenditure by the Legislative Assembly.
33. Rules of procedure.
33. Rules of procedure.—(1) The Legislative Assembly may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business:
Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated fund of the Capital;
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Lieutenant Governor insofar as he is required by or under this Act or any law to act in his discretion.
(2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the Legislative Assembly of the State of Uttar Pradesh in force immediately before the commencement of this Act shall have effect in relation to the Legislative Assembly subject to such modifications and adaptations as may be made therein by the Lieutenant Governor.
34. Official language or languages of the Capital and language or languages to be used in Legislative Assembly.
34. Official language or languages of the Capital and language or languages to be used in Legislative Assembly.—(1) The Legislative Assembly may by law adopt any one or more of the languages in use in the Capital or Hindi as the official language or languages to be used for all or any of the official purposes of the Capital:
Provided that the President may by order direct—
(i) that the official language of the Union shall be adopted for such of the official purposes of the Capital as may be specified in the order;
(ii) that any other language shall also be adopted throughout the Capital or such part thereof for such of the official purposes of the Capital as may be specified in the order, if the President is satisfied that a substantial proportion of the population of the Capital desires the use of that other language for all or any of such purposes.
(2) The Business in the Legislative Assembly shall be transacted in the official language or languages of the Capital or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the Assembly in his mother tongue.
35. Language to be used for Bills, Acts, etc.
35. Language to be used for Bills, Acts, etc.—Notwithstanding anything contained in Section 34, until Parliament by law otherwise provides, the authoritative texts—
(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly;
(b) of all Acts passed by the Legislative Assembly; and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative Assembly,
Shall be in the English Language:
Provided that where the Legislative Assembly has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order, rule, regulation or bye-law issued under any law made by the Legislative Assembly, a translation of the same in the English language published under the authority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative text thereof in the English Language.
36. Restriction on discussion in the Legislative Assembly.
36. Restriction on discussion in the Legislative Assembly.—No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High court in the discharge of his duties.
37. Courts not to inquire into proceedings of Legislative Assembly.
37. Courts not to inquire into proceedings of Legislative Assembly.—(1) The validity of any proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislative Assembly in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Part III
DELIMITATION OF CONSTITUENCIES
38. Election Commission to delimit constituencies.
38. Election Commission to delimit constituencies.—The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly under Section 3 to single member territorial constituencies and delimit them having regard to the following provisions, namely—
(a) all constituencies shall, as for as practicable, be delimited in such manner that the ratio between the population of each of such constituencies and the total population of the Capital is the same; and
(b) constituencies, in which seats are reserved for the Scheduled Castes shall, as far as practicable, be located in areas where the proportion of their population to the total population is comparatively large.
(2) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies in the Official Gazette and also in such manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders, the delimitation of constituencies and cause such order or orders to be published in the official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
39. Powers of Election Commission to maintain delimitation orders up-to-date.
39. Powers of Election Commission to maintain delimitation orders up-to-date.—The Election Commission may, from time to time, by notification in the Official Gazette—
(a) correct any printing mistakes in any order made under Section 38 or any error arising therein from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
40. Elections to the Legislative Assembly.
40. Elections to the Legislative Assembly.—(1) For the purpose of constituting the Legislative Assembly, a general election will be held as soon as may be, after the delimitation of all the assembly constituencies under Section 38.
(2) For the purposes of sub-section (1), the Lieutenant Governor shall, by one or more notifications published in the Official Gazette, call upon all the said assembly constituencies to elect members in accordance with the provisions of the representation of the People Act, 1951 (43 of 1951), and of the rules and orders made or issued there under as applicable under sub-section (3).
(3) The Representation of the People Act, 1950 (43 of 1950), the Representation of the People Act, 1951, the rules and orders made or issued under the said Acts and all other laws for the time being in force relating to elections shall apply with necessary modifications (including modifications for construing references therein to a State Government and Governor as including references to the Capital, Government of the Capital and Lieutenant Governor, respectively) to, and in relation to, the general election referred to in sub-section (1).
References
[i] Subs. by Act 38 of 2001, S. 6 (w.e.f. 10-5-2006).
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