Government of National Capital Territory of Delhi Act, 1991- Sections 41 to 56 and Schedule

Part IV

CERTAIN PROVISIONS RELATING TO LIEUTENANT GOVERNOR AND MINISTERS

41. Matters in which Lieutenant Governor to act in his discretion.

41. Matters in which Lieutenant Governor to act in his discretion.—(1) The Lieutenant Governor shall act in his 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 functions.

(2) If any question arises as to whether any matter is or is not a matter as respects 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 questions 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.

42. Advice by Ministers.

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.

43. Other provisions as to Ministers.

43. Other provisions as to Ministers.—(1) Before a Ministers 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 form 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.

44. Conduct of business.

44. Conduct of business.—(1) The President shall make rules:

(a) for the allocation of business to the Ministers insofar 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 Lieutenant Governor whether taken on the advise of his Ministers or otherwise shall be expressed to be taken in the name of the 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.

45. Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc.

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.

Part V

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

46. Consolidated Fund of the Capital.

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 [i][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 Funds, the withdrawal of moneys there from 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.

46-A. Public Account of the Capital and moneys credited to it.

[ii][46-A. 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.]

47. Contingency Fund for the Capital.

47. Contingency Fund for 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, form time to time, be determined by law made by the Legislative Assembly; and the said fund shall be hold 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.

47-A. Borrowing upon the security of the Consolidated Fund of the Capital.

[iii][47-A. 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.

47-B. Form of accounts of the Capital.

47-B. Form of accounts of the Capital.—The accounts of the Capital shall be kept in such form as the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules.]

48. Audit Reports.

48. Audit Reports.—The reports of the Comptroller and Auditor-General of India relating to the accounts of the Capital for any period subsequent to the date referred to in sub-section (1) of Section 46 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly.

49. Relation of Lieutenant Governor and his Ministers to President.

49. Relation of Lieutenant Governor and his Ministers to President.—Notwithstanding anything in this Act, the Lieutenant Governor and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time-to-time be given by the President.

50. Period of Order made under Article 239-AB and approval thereof by Parliament.

50. Period of Order made under Article 239-AB and approval thereof by Parliament.—(1) Every Order made by the President under Article 239-AB shall expire at the end of one year from the date of issue of the order and the provisions of clauses (2) and (3) of Article 356 shall, so far as may be, apply to such order as they apply to a Proclamation issued under clause (1) of Article 356.

(2) Notwithstanding anything contained in sub-section (1) the President may extend the duration of the aforesaid order for a further period not exceeding two years from the date of expiry of the order under sub-section (1) subject to the condition that every extension of the said order for any period beyond the expiration of one year shall be approved by resolutions of both Houses of Parliament.

51. Authorisation of expenditure by President.

51. Authorisation of expenditure by President.—Where the Legislative Assembly is dissolved or its functioning as such Assembly remains suspended, on account of an order made by the President under Article 239-AB, it shall be competent for the President to authorise when the House of the People is not in session expenditure form the Consolidated Fund of the Capital Pending the sanction of such Expenditure by Parliament.

52. Contracts and Suits.

52. Contracts and Suits.—For the removal of doubts it is hereby declared that—

(a) all contracts in connection with the administration of the Capital are contracts made in the exercise of the executive power of the Union; and

(b) all suits and proceedings in connection with the administration of the Capital shall be instituted by or against the Government of India.

53. Power of President to remove difficulties.

53. Power of President to remove difficulties.—(1) If any difficulty arises in relation to the transition from the provisions of any law repealed by this Act or in giving effect to the provisions of this Act or in giving effect to the provisions of this Act and in particular in relation to the constitution of the Legislative Assembly, the President may by order do anything not inconsistent with the provisions of the Constitution or of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty:

Provided that no order under this sub-section shall be made after the expiry of three years from the date of constitution of the first Legislative Assembly.

54. Laying of Rules before Legislative Assembly.

54. Laying of Rules before Legislative Assembly.—Every rule made by the Lieutenant Governor under this Act shall be laid, as soon as it is made, before the Legislative Assembly.

55. Amendment of Section 27-A of Act 43 of 1950.

55. Amendment of Section 27-A of Act 43 of 1950.—(1) In Section 27-A of the Representation of People Act, 1950, for sub-section (3), the following sub-section shall be substituted, namely—

“(3) The electoral college for the Union Territory of Delhi shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of National Capital Territory of Delhi Act, 1991”.

56. Repeal of Act 19 of 1966.

56. Repeal of Act 19 of 1966.—The Delhi Administration Act, 1966 is hereby repealed.

The Schedule

THE SCHEDULE

(See Sections 4, 12 and 43)

FORMS OF OATHS OR AFFIRMATIONS

I

Form of oath or affirmation to be made by a candidate for election to the Legislative Assembly—

”I, A.B., having been nominated as a candidate to fill seat in the Legislative Assembly do swear in the name of God/Solemnly Affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India”.

II

Form of oath or affirmation to be made by a member of the Legislative Assembly—

“I, A.B., having been elected a member of the Legislative Assembly do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter. “

III

Form of oath of office for a member of the Council of Ministers—

“I, A.B., do swear in the name of God/Solemnly Affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister, and that I will do right to all manner of people in accordance with Constitution and the law without fear or favour, affection or “ill-will”.

IV

Form of oath of secrecy for a member of the Council of Ministers—

“I, A.B., do swear in the name of God/solemnly affirm that I will not directly, or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister except as may be required for the due discharge of my duties as such Ministers”.

References

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