bill no 68 of 2003 a  the state of delhi bill, 2003 a billto provide for the establishment of the state of delhi and for matters connected therewith, be it enacted by parliament in the f ifty-fourth year of the republic of india as follows: -  parti preliminary1 this act may be called the state of delhi act, 2003, short title 2 in this act, unless the context otherwise requires,— definitions, (a) "administrator" means the administrator appointed by the president under article 239; (2) "appointed day" means the day which the central government may, by notification, appoint; : fo (c) "article" means an article of the constitution; 43 of 1950, (d) "assembly constituency" and "parliamentary constituency" have the meanings assigned to them in the representation of the people act, 1950; (e) "election commission" means the election commission referred to in article 324; (/) "existing union territory" means the union territory of delhi called as the national capital territory of delhi as existing immediately before the appointed day; (g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or any part of the existing union territory; iw (a) "notification" means a notification published in the official gazette; (i "sitting member", in relation to the either house of parliament or of the legislative assembly of the existing union territory, means a person who, immediately before the appointed day, is amember of that house or that assembly, as the case may be; , to  (/) "treasury" includes a sub-treasury  part ih establishment of the state of delhiestablishment 3, on and from the appointed day, there shall be established a new state to be known ot nae as the state of delhi comprising the territories of the existing union territory ira amendment 4, on and from the appointed day, in the first schedule to the constitution,— of the first schedule to (a) under the heading "i the states", after entry 28, the following entry shall the be inserted, namely:— constitution  lo, ; "29, delhi the territories specified in section 3 of the state of delhi act, 2003"; (b) under the heading "i the union territories", entry 1 relating to delhi 20 shall be omitted and entries 2 to 7 shall consecutively be renumbered as entries 1 to 6 saving powers 5 nothing in the foregoing provisions of this part shall be deerned to affect the power of governof the government of the state of delhi to alter, after the appointed day, area or boundaries ment of any district or other territorial division in the state  parti a5 representation in the legislatures the council of statesallocation of 6 onand from the appointed day, there shall be allotted three seats in the council of seats in the states to the state of delhi and in the fourth schedule to the constitution, the entry 29 sonnel of relating to the existing union territory shall be deemed to be the entry relating to the state of 3o state of deli delhi  'allocation of 7 (2) on and from the appointed day the three sitting members of the council of sitting states, representing the existing union territory, shall be deemed to have been duly elected members and under clause (4) of article 80 to fill the seats allotted to the state of delhi term of their _ :  office (2) the term of office of the sitting members shall remain unaltered 35 the house of the people allocation of 8, (7) on and from the appointed day, the allocation of seats to the state of delhi in the seats in the house of the people shall be seven and the number of seat to be reserved for the scheduled existing castes shall be one out of those seats and the first schedule to the representation of the pot the  people act, 1950 shall be deemed to be amended, accordingly (2) on and from the appointed day, the parliamentary constituencies of the existing union territory shall be deemed to be the parliamentary constituencies of the state of, delhi and the delimitation of parliamentary and assembly constituencies order, 1976, shall be construed accordingly | provision    | as      ||--------------|---------|| to           | sitting || member      |         |9 the sitting members of the house of the people representing the constituencies which, on the appointed day, by virtue of the provisions of section 8 become the constituencies of the state of delhi shall be deemed to have been elected under sub-clause (4) of clause (1) of article 81 to the house of the people by those constituencies  the legislative assembly10 on and from the appointed day,— provisions as (d the total number of seats in the legislative assembly of the state of delhi to be filled by person chosen by direct election from assembly constituencies shall be | to          ||-------------|| legistative || assembly   |seventy and the second schedule to the representation of the people act, 1950 shall 43 of 1950 10 be deemed to be amended, accordingly; (id) the assembly constituencies of the existing union territory shall be deemed to be the assembly constituencies of the state of delhi and the delimitation of assembly constituencies order, 1976, shall be construed accordingly; ' is (iii) the sitting members of the legislative assembly representing the constituencies which, on the appointed day, by virtue of the provisions of clause (ii) become the constituencies of the state of delhi, shall be deemed to have been elected under clause (1) of article 170 to the legislative assembly of the state of delhi; ie (iv) the period of five years referred to in clause (1) of article 172 shall, in case of legislative assembly deemed to be the legislative assembly of the state of delhi under clause (//), be deemed to have commenced on the date on which the duration of the legislative assembly of the existing union territory commenced under section 5 of { of 1992 the government of national capital territory of delhi act, 1991 | speaker    ||------------|| deputy     || speaker   |ey 11 the persons who immediately before the appointed day are the speaker, and the deputy speaker, of the legislative assembly of the existing union territory shall be the speaker and the deputy speaker respectively, of the legislative assembly deemed to be the legislative assembly of the state of delhi under clause (ji) of section 10 12 the rules of procedure and conduct of business of the legislative assembly of the rules of procedure existing union territory, as in force immediately before the appointed day, shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the legislative assembly deemed to be the legislative assembly of the state of delhi under 3¢ clause (i/) of section 10 subject to such modifications and adaptations as may be made therein by the speaker thereof  partiv hicu court|          |        |         |        |          | high      | court         ||----------|--------|---------|--------|----------|-----------|---------------|| 13      | on     | and     | from   | the      | appointed | day,—         || 35       |        |         |        |          |           |               || (a)      | the    | high    | court  | for      | the       | existing      || for      | the    | state   |        |          |           |               || of       | dethi |         |        |          |           |               || existing | high   | court)  | shall  | be       | deemed    | to            || article  | 214,   | to      | be     | called   | the       | high          || court    | of     | delhi); |        |          |           |               || yo       |        |         |        |          |           |               || (b) the  | judges | of      | the    | existing | high      | court         || day      | shall  | unless  | they   | have     | elected   | otherwise,    || high     | court  | of      | delhi; | °        |           |               || (ce)     | the    | high    | court  | of       | delhi     | shall         || the      | state  | of      | delhi, | all      | such      | jurisdiction, || 4s       |        |         |        |          |           |               |- immediately before that day, are exercisable in respect of those territories by the existing high court provision as 14 (/) on and from the appointed day, in the advocates act, 1961, in section 3,— 25 of 1961 to advocates () in sub-section (/), for clause (), the following clause shal! be substituted, namely:— 50 "(f) for the state of delhi to be known as the bar council of delhi;"; (ii) in sub-section (2), the words "in the case of the state bar council of dethi, the additional solicitor-general of india, ex officio;" shall be omitted (2) any person who, immediately before the appointed day, is an advocate entitled to practise in the existing high court shall be entitled to practise as an advocate in the high court of delhi 5 (3) all persons who immediately before the appointed day, are advocates on the roll of the existing bar council of delhi shall, on and from the appointed day, become advocates on the roll of the bar council of delhi (4) the right of audience in the high court of delhi shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to jo the right of audience in the existing high court practice and 15 subject to the provisions of this part, the law in force immediately before the procedure in appointed day with respect to practice and procedure in the existing high court shall, with the igh the necessary modifications, applies in relation to the high court of delhi dethi custody of 16 the law in force immediately before the appointed day with respect to the custody 15 seal of the of the seal of the existing high court shall, with the necessary modifications, apply with high court of respect to the custody of the seal of the high court of delhi  form of 17 the law in force immediately before the appointed day with respect to the form of writs and writs and other processes used, issued or awarded by the existing high court shall, with other necessary modifications, apply with respect to the form of writs and other processes used, 20 processes issued or awarded by the high court of delhi powers of 18 the law in force immediately before the appointed day with respect to the powers judges of the chief justice, single judges and division courts of the existing high court and with respect to all matters ancillary to the exercise of thdse powers shall, with the necessary modification, apply in relation to the high court of delhi a5 principal seat 19 (1) the principal seat of the high court of delhi shall be at the same place at which and other the principal seat of the existing high court is located immediately before the appointed day places of ° soee sitting of the | (2) notwithstanding anything contained in sub-section (/), the judges and division high court of courts of the high court of delhi may also sit at such other place or places within the - delhi territories to which the jurisdiction of that high court extends as the chief justice of that 3o high court may, with the approval of the governor of the state, appoint procedure as 20 the law in force immediately before the appointed day relating to appeals to the to appeals to supreme court from the existing high court and the judges and division courts thereof shall, supreme with the necessary modifications, apply in relation to the high court of delhi court  ; 21 (2) alll proceedings pending in the existing high court immediately before the 35 rae tdings appointed day shall, from such day, stand transferred to the high court of delhi to the high (2) every proceeding transferred under sub-section (/) shall be disposed of by the delhi high court of delhi as if such proceeding was entertained by that high court interpreta- 22 (1) for the purposes of'section 21,— tion, etc  (a) proceedings shall be deeined to be pending in a court until that court has yo disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shal! include appeals, application for leave to appeal to the supreme court, applications for review petitions for revision and petitions for writs; and (b) references to a high court shall be construed as including references to a ys" judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge (2) any person who, immediately before the appointed day, is an advocate entitled to practise in the existing high court and was authorised to appear or to act in any proceedings transferred from that high court to the high court of dethi under section 21 shall have the right to appear or to act, as the case may be, in the high court of delhi in relation to those proceedings  partv authorisation of expenditure and distribution of revenuesauthorisation 23 (7) the president may, at any time before the appointed day, authorise by order [oe of expendisuch expenditure from the consolidated fund of the state of delhi as he deems necessary for ture pending a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of delhi: its sanction by the legislature provided that the governor of delhi may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of is delhi for any period not extending beyond the said period of six months (2) the president or, as the case may be, the governor of delhi shall make separate orders under sub-section (/) in respect of periods falling in different financial years 24, the reports of the comptroller and auditor-general of india referred to in section reports relating to 48 of the government of national capital territory of delhi act, 1991, relating to the accounts 1 of (99220 the accounts of the existing union territory in respect of any period prior to the appointed day, shall be submitted to the governor of the state of delhi who shall cause them to be laid before the legislative assembly of that state of the existing union territory a5 allowances and privileges of governor 25, the allowances and privileges of the governor of the state of delhi shall, until provision in that behalf is made by parliament by law under clause (3) of article 158, be the same as are provided to the administrator of the existing union territory immediately before of the state of delhi the appointed day 26 the president shall, by order, determine the grants-in-aid of the revenues of the distribution of revenues state of delhi and share of that state in the union duties and taxes in such manner as he se thinks fit till 31st day of march, 2004  part vi assets and laabilitiesdefinition 277 in this part "union purposes" means the purposes of government relatable to any of the matters mentioned in list i of the seventh schedule to the constitution and entries 1 and 2 of list ii of the seventh schedule to the constitution and entries 64, 65 and 66 of that 35 list in so far as they relate to the said entries | and 2 land and goods 28 (1) subject to the provisions of this part, all land and all stores, articles and other goods held immediately before the appointed day, by the union for the purposes of the governance of the existing union territory, shall, on and from that day pass to the state of 4o delhi, unless any such land, stores, articles, or goods are owned or held for union purposes: provided that the ownership of land which is within the boundary of new delhi shail vest in the union  explanation—for the purposes of this sub-section, the expression "new delhi" has the meaning assigned to it in clause (27) of section 2 of the new dethi municipal council act, 1994 : 44 of 199445 2) the stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall be retained by the union if such institution, workshop, undertaking or work is carried on for union purposes (3) in this section, the expression "jand" includes immovable property of every kind and any rights in or over such property 29 the total of the cash balances ii cash balances bank of india and any nationalised bank, of the existing union territo! the appointed day shall be the cash balances of the state of delhi explanation—in this section, "balance" includes a debit balance arrears of taxes 30 (1) the right to recover arrears of any tax or duty (including arrears of land revenue) on any property situated in the territory of the state of delhi shall belong to the state of delhi (2) the right to recover arrears of any tax or duty, other than a tax or duty specified in sub-section (/), shall belong to the state of delhi if the place of assessment of that tax or duty is included in the territory of the state of delhi: provided that nothing contained in this sub-section shall empower the state of to recover any tax or duty which that state is not competent to impose | right    | to        ||----------|-----------|| recover  | loans     || and      | advances, |31 (1) the liability of the union or the government of the existing union territory whether attributable to the consolidated fund of india or the consolidated fund of the existing union territory, in respect of any loan taken by the union or the government of the existing union territory for the purposes ofthe existing union territory shall be the liability of 2° the state of delhi on and from the appointed day subject to such contribution from the union as may be determined by the central government (2) the right to recover any loans or advan of the existing union territory before the appointed or other person in the territory of the state of del provided that the right to recover loans or advances of pay and travelling allowances to a government servant made before the appointed day by the administrator shall pass to the state of delhi if such government servant is allotted to that state 32 the assets and liabilities relating to any cémmercial undertaking of the existing assets and union territory shall pass to the state of delhi liabilities of state undertakings explanation—for the purposes of ¢ undertaking of the existing union territory" s provisions of part vii are applicable 33 the liability of the union to refund— refund of ; (a) any tax or duty on property, go to the state of delhi if the property is si taxes collected in excess (b) any other tax or duty collected in excess s place of assessment of that tax or duty is included in 34, the liability of the union in respect of any civil deposit or local fund shall, on and certain deposits from the appointed day, be the liability of the state of delhi, if the deposit has been madein yo the territory of the state of delhi | :  provident fund 35 (j) the liability of the union in respect of the provident fund account ofa government servant employed in connection with the administration of the existing union territory and in service on the appointed day shall, onand from that day, be the liability of the state of dethi if that government servant is permanently allotted to that state ug (2) the liability of the union in re servant employed in connection with th has retired from service before the appoint n all treasuries, the reserve bank of india, the state 5° ry immediately before ex dethi ces made by the union or the government day to any local body, society, agriculturist hi shall belong to the state of delhi: 25 3o his section the expression "any commercial hall not include any undertaking to which the including land revenue collected in excess, shall 35° 'uated in the territories of that state; hall go to the state of delhi if the the territory of the state of delhi spect of the provident fund account of a government e administration of the existing union térritory who ed day shall be the liability of the state of delhi 36 (/) subject to the adjustments mentioned in sub-section (4), the state of delhi pensions granted by the administrator, etc shall, in respect of pensions granted before the appointed day by the administrator of the existing union territory, pay the pensions drawn in the treasuries in delhi of the existing union territory (2) subject to the adjustments mentioned in sub-section (4), the liability im respect of pensions of government servants employed in connection with the affairs of the existing union territory who retire or proceed on leave preparatory to retirement before the appointed day but whose claims for pensions are outstanding immediately before that day, shall be the liability of the state of delhi jo (3) the liability of the union in respect of pensions granted before the appointed day by the administrator and drawn in any treasury outside the existing union territory shall be the liability of the state of delhi (4) in respect of the period commencing on the appointed day and ending on the 31st day of march, 2004, and in respect of each subsequent financial year, the total payments made by the state of delhi in respect of pensions referred to in sub-section (/) and subsection (2) shall be apportioned between the state of delhi and the union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the central government may, by order, direct zo (5) the liability in respect of the pension of any government servant employed immediately before the appointed day in connection with the affairs of the existing union territory and retiring on or after that day, shall be that of the state of delhi or the union, as the case may be, but the portion of the pension in respect of the period of service of any such government servant before the appointed day shall be apportioned between the state of delhi and the union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the 45 central government may, by order, direct (6) any reference in this section to a pension shall be construed as including a reference to the commuted value of the pension , contracts 37 (1) where before the appointed day, the union has made any contract in the exercise of its executive power for any purposes of the existing union territory that contract shall be deemed to have been made in the exercise of the executive power of the state of delhi, if the purposes of the contract are, on and from that day, exclusively purposes of that state, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have beemrights or liabilities of the union, 35 be rights or liabilities of the state of delhi (2) for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and yo (6) any liability in respect of expenses incurred in, or in connection with, any such proceedings (3) this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations | liability    | in      ||--------------|---------|| us"          |         || "            | respect || actionable   |         || wrong       |         |38 where, immediately before the appointed day, the union, in connection with the governance of the existing union territory, is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,— (a) if the cause of action arose wholly within the territories of the existing union territory, be-a liability of the state of delhi; and : (6) in any other case, be initially a liability of the state of delhi but subject to such financial adjustments as may be agreed upon between the state of delhi'and the xo union, or in default of such agreement, as the central government may, by order, direct liability as 39 where, immediately before the appointed day, the union, in connection with the a aative governance of the existing union territory, is liable as guarantor in respect of any liability of societies aregistered co-operative society or other person, that liability of the union shall bea liability 5  of the state of delhi if the area of the operations of such society or person is limited to the territories of the existing union territory items in 40 if any item in suspense is ultimately found to affect an asset or liability of the suspense nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision 10 residuary 41 the benefit or burden of any assets or liabilities of the union in connection with provision the governance of the existing union territory not dealt with in the foregoing provisions of this part shall be retained by the union apportion- 42 where the state of dethi and the union agree that the benefit or burden of any ment of particular asset or liability should be apportioned between them in a manner other than that /5 assets of provided for in the foregoing provisions of this part, then, notwithstanding anything liabilities by ined therein, th fi burd f th liability shall : in th agreement contained therein, t e benefit or burden of that asset or liability shall be apportioned in the manner agreed upon  power of 43, where, by virtue of any of the provisions of this part, the union becomes entitled central to any property or obtains any benefits or the state of delhi becomes subject to any liability, go government and the central government is of opinion on a reference made within a period of three years 10 oe or from the appointed day by the state of delhi that it is just and equitable that property or adjustment in those benefits should be transferred to, or shared with, the state of delhi or thata contribution certain cases towards that liability should be made by the union, the said property or benefits shall be" allocated in such manner, or the union shall make to the state of delhi such contribution in 25 respect thereof, as the central government may, after consultation with the government of the state of delhi, by order, determine  part vii provisions as to arrangements, corporations and inter-state agreementscontinuance 44, if it appears to the central government that the arrangements in-regard to the 30 of arangegeneration or supply of electric power or the supply of water or the disposal of sewage for y : :    regard to any area or in regard to the execution of any project for such generation, supply or disposal  generation has been or is likely to be modified to the disadvantage of that area by reason of the fact that and supply of it has been transferred by the provisions of part ii from the existing union territory to the electric oy or state of delhi in which the power station and other installation for the generation and supply 35- and supp'y of of such power or disposal of the sewage or the catchment area, reservoir and other work for disposal of | the supply of water, or disposal of sewage, as the case may be, are located, the central sewage government may give directions as it deems fit, to the state government or other authority concerned for the maintenance of previous arrangement provision as 45 notwithstanding anything contained in section 22 of the banking regulation act, 4@ to co- | 1949, where by virtue of the provisions of part ii, a co-operative bank is newly formed on the 10 of j' pperative appointed day or within three months thereof in the state of delhi, it may commence and conduct banking business without obtaining a licence under that section from the reserve bank of india, until it is granted such a licence or until it is informed by the reserve bank of india that such a licence cannot be granted to it: 4g provided that such bank applies to the reserve bank of india for such a licence within a period of three months from the date of formation of the bank 46 (/) notwithstanding anything contained in section 81 of the motor vehicles act, 59 of 1988 temporary provisions as 1988, a permit granted in the existing union territory shall, if such permit was immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area up to the 3 1st day of march, 2004, subject to the provisions of s | to        | continu-    ||-----------|-------------|| ance      | of          || certain   |             || existing  | road        || transport |             || permits  |             |that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any state or regional transport authority for the purpose of validating it for use in such area: provided that the central government may, after consultation with the goverment of the state of delhi, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted (2) no toll, entrance fees or other charges of a like nature shall be levied for a period up to and inclusive of the 31st day of march, 2004, in respect of any transport vehicle for its operations in the state of delhi under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for 1isits operations within the existing union territory: provided that the central government may, after consultation with the state government of delhi authorise the levy of any such toll, entrance fees or other charges, as the case may be 47, where, by virtue of the provisions of part i], any body corporate constituted under 20 a central act, state act or provincial act, any co-operative society registered under any law special provisions relating to co-operative societies or any commercial or industrial undertaking is reconstituted | relating     | to      ||--------------|---------|| retrenchment |         || compensation |         || in           | certain || cases,       |         |as or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such co-operative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25f or section 25ff or section 25fff, of the industrial disputes act, 1947, such transfer or re-employment shall not entitle him to 4 of 1947 any compensation under that section: : go provided that— (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment; and (5) the employer in relation to the body corporate, the co-operative society or 35 the undertaking where the workman is transferred to or re-employed, is by agreement 14-08: 1947, or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f or section2sff or section 25fff of the industrial disputes act, 1947, on the basis that his service has been continuous and has pot been interrupted by the transfer or re-employment yo 48, where the assets, rights and liabilities:of any body corporate carrying on business special provision as are, under the provisions of this part, transferred to any other bodies corporate which after to incometax, the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried 4308 1961 4s" forward and set-off in accordance with the provisionsof chapter vi of the income-tax act, 1961 shall be apportioned amongst the transferee bodies corporate in accordance with the tules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained : 5o continuance 49 on and from the appointed day, the government of the state of delhi shall, in respect of the educational or technical institutions or universities or any other state institutions located or which may be established in the sate of delhi continue to provide facilities to the persons resident in the territories comprising the state of delhi which shall not in any respect | of            | existing    ||---------------|-------------|| facilities    | in          || certain       |             || institutions  | or          || universities, |             || etc          |             |be less favourable than those which were being provided to them immediately before that 5 day upon such terms and conditions (including those relating to any contribution or payment to be made for the provisions of such facilities) as may be agreed upon between the state of delhi and the union before the ist day of april, 2004, or ifno such agreement is reached by the said date, as may be fixed by the order of the central government  part vi provisions as to services80 (j) in this section, the expression "state cadre",— provisions (a) in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service (cadre) rules, 1954; relating to all-india services (6) in relation to the indian police service, has the meaning assigned toitinthe /s° indian police service (cadre) rules, 1954; and ' (c) in relation to the indian forest service, has the meaning assigned to it in the indian forest service (cadre) rules, 1966 (2) the strength and composition of the state cadre of the state of delhi shall, on and from the appointed day, continue as such as it is existing immediately before such day in 20 respect of the existing union territory, till the central government, by notification, provides a separate cadre for the state of dethi : (3) nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the all-india services act, 1951, or the rules made thereunder, inrelation 61 of j to the state cadres of the said services and in relation to the members of those services 25° borne on the said cadres 51 (/) every person employed in connection with the affairs of the state of delhi and serving, immediately before the appointed day, in the existing union territory shall, on and from that day,— provisions relating to other services (a) continue to serve in connection with the affairs of the state of delhi; and 30 (b) be deemed to be provisionally allotted to serve in connection with the affairs _of the said state: provided that nothing in clause (4) shall apply to a person to whom the provisions of section 50 apply or to a person on deputation from any state , (2) as soon: as may be after the appointed day, the central government shall by 35° general or special order, determine whether every person referred to in clause (6) of subsection (/) shall be finally allotted for service in the state of delhi or under the union in connection with the affairs of the union territory of andaman and nicobar islands and the ° date with effect from which such allotment shail take effect or be deemed to have taken effect (3) as soon as may be after the central government passes orders finally allotting an yo employee in terms of sub-section (2), the state of delhi or the union shall take steps to integrate him into the services under its control in accordance with such special or general orders or instructions as may be issued by the central government from time to time in this behalf  (4) the central government may, by order, establish one or more advisory committees 45 for the purpose of assisting it in regard to— ' (a) the division of the services between the state of delhi and the union; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons: provided that notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed by the competent authority on matters arising out of the division and integration of services under this act, on the expiry of three months from the date of publication or service, whichever is earlier, of such order: provided further that, notwithstanding anything contained in the preceding proviso, the central government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee (5) nothing in this section shall be deemed to affect, on or after the appointed day, the  operation of the provisions of chapter ] of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs 's of the state of delhi or the union: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (/) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the central government xo (6) all services prior to the appointed day rendered by a person allotted under subsection (2) in connection with the affairs of the existing union territory shall for purpose of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the sate or the union to which he is finally allotted (7) the provisions of this section other than clause (5) of sub-section (/) shall not ~ apply in relation to any person to whom the provisions of section 50 apply 25 provisions as 52 every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing union territory to continuance of officers in the same posts shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed on the same terms and conditions of appointment and on the same tenure to that post or office by the government of, or the other appropriate authority, in the state of delhi or of the union, as the case may be: provided that nothing in this section shall be deemed to preventa competent authority, on or after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office kiw 53, the central government may give such directions to the government of the state powers of central government of delhi as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the said state government shall comply with such directions to give directions  partix legal and miscellaneous provisionsyo 54, on and from the appointed day, in section 15 of the states reorganisation act, 1956, in clause (5), for the words "and jammu and kashmir and the union territories of delhi, amendment of section 15 of act 37 of 1956 and chandigrah", the words ", jammu and kashmir, delhi and the union territory of chandigarh" shall be substituted 55 the provisions of part ii shall not be deemed to have effected any change in the territorial extent of laws territories to which any law in force immediately before the appointed day extends or applies, 4s" and the territorial references in any such law to the existing union territory shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within the existing union territory before the appointed day 56 for the purpose of facilitating the application in relation to the state of delhi of any power to adapt jaws law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or 5" amended by a competent legislature or other competent authority explanation—in this section, the expression "appropriate government", subject to the provisions of article 371j, means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government; and as respects any other law, the government of the state of delhi ie $7 notwithstanding that no provision or insufficient provision has been made under power to construe laws section 56 for the adaption of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of dethi, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or 3' authority, as the case may be  provisions as 58 all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory or any part thereof immediately before the appointed day shall unless their continuance is inconsistent with the provisions of this act or until other provision | to      | continu-    ||---------|-------------|| ance    | of          || courts, | etc,        |is made by a competent legislature or other competent authority, continue to exercise their 20 respective functions 59, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in-any other law | effect     | of        ||------------|-----------|| provisions | of        || act        | inconsis- || tent       | with      || laws      |           || amendment  |           || 60        | (/)       |1950, shall stand amended as directed in the first schedule aa of scheduled castes orders (2) on and from the appointed day, the constitution (scheduled castes) (union territories) order, 1951, shall stand amended as directed in the second schedule | power         ||---------------|| remove        || difficulties |61 (/) ifany difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: ze provided that no such order shall be made after the expiry of three years from the appointed day (2) every order made under this section shall be laid before each house of parliament 62 (/) the central government may, by notification, make rules for carrying out the power to make rules provisions of this act 35 (2) every rule made under this section 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 rule or both houses agree that the rule ye should not be made, the rule 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 repeal of act 63 the government of national capital territory of delhi act, 1991 shall be repealed { of 1992, with effect from the appointed day  the first schedule[see section 60(1)} amendments to the constitution (scheduled castes) order, 1950 in the constitution (scheduled castes) order, 1950,— (/) in paragraph 2, for the figures "xxiv", the figures "xxv" shall be substituted; (2) in the schedule, after part xxiv, the following part shall be inserted, namely:- "part xxv—delhi throughout the state of delhi:-— adi-dharmi agria aheria balai banjara bawaria bazigar bhangi pms einnurwne il 13, 14, 15 16 bhil chamar, chanwar, chamar, jatva or jatav chamar, mochi, ramdasia, ravidasi, raidasi, rehgarh or raigar chohra (sweeper) chuhra (balmiki) dhanak or dhanuk dhobi dom gharrami 17 18 19, 20 21 julaha (weaver) kabirpanthi kachhandha kanjar or giarah khatik 24, 26 27 28, 29, koli lalbegi madari mallah mazhabi meghwal naribut nat (rana) pasi perna 30, 31 32 33 sansi or bhedkut sapera  sikligar 35, 36 singiwala or kalbelia sirkiband"  'the second schedule[see section 60(2)]  amendments to the constitution (scheduled castes) (union territories) order, 1951in the constitution (scheduled castes) (union territories) order, 1951,— (/) in paragraph 2, for the words and figures "part i to iii", the words and figures "parts i to hi" shall be substituted; (2) in paragraph 4,— (i) the words and figures "any reference in this order toa union territory in part i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1956," shall be omitted; (i) for the word and figures "part hi", the word and figure "part i" shall be substituted; (i) for the word and figures "part iii", the word and figures "part ii" shall be substituted; (3) in the schedule, part l-delhi shall be omitted and part it and part ii shall respectively be renumbered as part i and part il  statement of objects and reasonswith a view to satisfying the aspirations of the people of delhi, the government have decided to undertake legislative measures to grant full statehood to the national capital territory of delhi this bill is intended to give effect to this decision and will come into force on a date to be notified by the central government it seeks to form a new state of delhi comprising the entire area of national capital territory of delhi as at present it alsoseeks to make the necessary supplemental, incidental and consequential provisions  new deu; lk advani the 13 august, 2003 im  "'president's recommendation under article 3, 117 and 274 of the constitution of india" [copy of letter no 12012/14/98-sr(part-i), dated the 13th august, 2003 from shrilsk, 'advani, deputy prime minister to the secretary-general, lok sabha] the president is having been informed of the subject matter of the proposed bill to ftant full statehood to delhi and for matters connected therewith, recommends the introduction of the bill in the lok sabha under article 3, 117(1) and 274(1) of the constitution and the consideration of the bil! in the lok sabha under article 117(3) of the constitution  nootes on clausesclause 2—this clause seeks to aefine various expressions used in the proposed legislation : clause 3—this clause provides for the establishment of the new state of delhi clause 4—this clause seeks to amend the first schedule to the constitution clause 5—this clause empowers the government of the state of delhi to altet, after the appointed day, the area or boundaries of any district or other territorial division within the new state clauses 6 and 7—this clause provides for the allocation of three seats in the council of states to the state of delhi clause 7 deals with the representation of new state of delhiin the council of states at present there are three seats in the said council for the existing union territory it is proposed to continue this representation for the new state also the sitting member from the state of delhi in the council of states will be deemed to be duly elected:and will represent in new state for the unexpired term clause 8-—this clause deals with the representation of state of delhi in the house of the people at present there are seven seats in the house of the people for the existing union territory it is proposed to continue their representation for the new state also the sitting members from state of delhi in the house of the people will be deemed to represent the new state : : clause 9—this clause provides that the sitting members of the house of the people representing the constituencies on the appointed day shall be deemed to be elected and will represent the new state  clause 10-—this clause provides for a legislative assembly for the state of delhi consisting of a total number of 70 persons to be chosen by direct election and the consequent amendment to the second schedule to the representation to the people act, 1950 assembly constituencies of the existing union territory shall be deemed to-be the assémbly constituencies of the new state of delhi the period of five years shall be deemed to-have' commenced on the date on which the duration of the legislative assembly of the existing "union territory commencedunder the national capital territory of delhi act, 1991 clause 11—this clause provides that the existing speaker and the deputy speakérof the: legislative assembly of the existing union territory shall be deemed to be the speaker and the deputy speaker of the legislative assembly of the state of delhi clause 12—this clause provides for the continuance of the existing rules of procedure of the legislature clauses 13 to 22—these clauses provide that the existing high court of judicature-at delhiwill be high, court of the new state of delhi the detailed provision contained in'other clauses fotlow broadly the relevant provisions of the previous reorganisation acts and deal inter alia with the powers, function and the procedure to be followed by the new high count clause 23—this clause provides for the authorization of expenditure by the president before the appointed day, and by the governor after the appointed day, from the consolidated fund of the state of delhi  ~ clausé 24—this clause provides that the report of the comptroller and auditot gérieral of india for a period prior to the appointed day should be submitted to the governor ofthe state of delhi clause 25—this clause provides that until parliament makes law under article 158 (3) of the constitution to provide for allowances and privileges to the governor of state of delhi, he shall have the same allowances and privileges as that of the administrator of the union territory of delhi clause 26—the clause empowers the president to determine, by order, the grants-inaid to the state of delhi and its share in the union duties and taxes clauses 27 to 43—these clauses relate to the apportionment of assets and liabilities between the existing union territory and the state of delhi including cash balances, arrears of taxes, right to recover loans and advances, investments in the loans, etc assets and liabilities of state undertakings, refund of taxes collected in excess, certain deposits, liabilities as guarantor of co-operative societies, provident fund and pension accounts, government contracts actionable wrong, iterns in suspense, special provision for apportionment of benefit or burdery of any particular asset or liability and finally the power of the central government to order allocation or adjustment in certain cases of assets or liability clause 44:—this clause makes provisions for continuance of arrangements in regard to generation and supply of electricity and water and also the disposal of sewage on the pattern of section 107 of the states reorganisation act, 1956 clause 45—this claugé provides that a co-operative bank which is newly formed on the appointed day or within three months thereof in the state of delhi, it may commence and conduct banking business without obtaining license from the reserve bank of india provided that the bank makes an application for the license within three months of its formation such a bank will continue to function without license until it is granted a license by the reserve bank or the license refused clause 46 —this clause contains a general provision to enable continuance of existing road transport permits and follows the corresponding provisions of the states reorganisation act, 1956 clauses 47 and 48—these elauses include for special provisions relating to retrenchment-compensation in certain cases with regard to registered co-operative societies, commercial or industrial undertakings and special provisions as to income tax these provisions follow similar provisions of the state reorganisation act, 1956, clause 49—this clause deals with, and contains provisions for, the continuance of existing facilities in certain institutions or universities to residents in the territories comprising the new state of delhi clauses 50 to 53 —these clauses deal with the provisions relating to services and generally follow the similar provisions as are provided under corresponding sections of the state reorganisation act, 1956  clauses 54 to 59—these clauses make consequential amendments in the state reorganisation act, 1956 and also make usual provisions regarding continuance of existing laws of the existing union territory of delhi in the new state of delhi subject to adaptations of the laws and their interpretations by the courts and tribunals, continuance of authorities exercising statutory functions, legal proceedings, etc these provisions follow similar provisions of the states reorganisation act, 1956 clause 60—this clause seeks to make the necessary consequential amendments in the constitution (schedule castes) order, 1950 and the constitution (schedule castes) (union territory) order, 1951 clause 61,—this clause provides that within three years from the appointed day, the president may, by order, do anything not inconsistent with the provisions which appears to him to be necessary or expedient for the purpose of removal of any difficulty arises in giving effect to the provisions of the bill clause 62—this clause empowers the central government to make rules by carrying out the provisions of the bill clause 63—this clause provides for the repeal of the government of national capital territory of delhi act, 1991 at present, the national capital territory of delhi is given a non-plan grant of rs 325 crore in lieu of share of union taxes and duties as a state, deihi will be entitled to a share in the income tax and additional excise duties of the central government the net share of the delhi state in the exise duty of the central government shalf be determined by the finance commission, consequently, the state's revenue would be augmented and the non-plan revenue deficit reducec correspondingly in the past, finance commission has taken note of such deficits and recommended suitable grants-in-aid under article 275 (1) of the constitution to the national capital territory of dethi it is, therefore, until the provision is made by the parliament in this regard, it is proposed under clause 26 to empower the president to determine, by order, the grants-in-aid of the revenues of the state of delhi and its share in the union duties and taxes in such manner as he thinks fit till 3 ist day of march, 2004 2 clause 51(4) of the bill seeks to empower the central government to establish one or more advisory committees for the purpose of assisting it in regard to the discharge of its functions in relation to division of the services between the state of delhi and the union and for ensuring fair and equitable treatment in all the affected employees, some éxpenditure may have to be incurred out of the consolidated fund of india for discharging the duties and responsibilities by the committee  memorandum regarding delegated legislationclause 26 of the bill empowers the president to determine by order the grant-in-aid of the revenues of the new state of delhi and its sharé of the union duties and taxes 2 clause 56 provides for the adaptation of existing laws to facilitate their application to the proposed state of delhi the power to adapt is being conferred on the central government in the case of laws relating to matters enumerated in the union list in the seventh scheduled to the constitution and on the government of the proposed state of delhi in the case of all other laws this power shall be subject to the provision contained in the proposed article 371j to be inserted by the constitution (one hundred and second amendment) bill, 2003 3 clause 62 of the bill empowers the central government to make rules to give effect to the provisions of the bill when enacted the rules, if any, will be confined to matters of procedure and other matters of minor detail relating to the enforcement of the various provisions included in the bill 4 the various provisions aforementioned are modelled on identical or analogous provisions in the state reorganisation acts passed by the parliament earlier besides, they are mainly of a consequential nature or pertain to matters of detail and procedure as such, the proposed delegation of legislative power is of a normal character  annexure extracts from the constituion of endia     the first schedule{articles ] and 4] 1 the states      i the union territories table|                |    |    | name    | extent    ||----------------|----|----|---------|-----------||               |   |   |        |          || 1             |    |    |         |           || delhi          |    |    |         |           || the            |    |    |         |           || territory      |    |    |         |           || which          |    |    |         |           || immediately    |    |    |         |           || before         |    |    |         |           || the            |    |    |         |           || commencement   |    |    |         |           || of             |    |    |         |           || this           |    |    |         |           || constitution   |    |    |         |           || was            |    |    |         |           || comprised      |    |    |         |           || in             |    |    |         |           || the            |    |    |         |           || chief          |    |    |         |           || commissioner's |    |    |         |           || province       |    |    |         |           || of             |    |    |         |           || delhi         |    |    |         |           ||               |    |    |         |           ||               |    |    |         |           ||               |    |    |         |           ||               |    |    |         |           ||               |    |    |         |           | the fourth schedule[articles 4(1) and 80(2)] allocation of seats in the council of states      : | 29, delhi eeseesencienenestusitiininanetisteiiinesistannuiineeinneitntenasiaeneis 3 :      a  extracts from the representation of the people act, 1950(43 of 1950) |     |     |     |     | ok    ||------|------|------|------|-------| the first schedule(see section 3) allocation of seats in the house of the people |     |     |     |     | x    ||------|------|------|------|------|1 states: |     | ,    |     |     |     |     ||------|------|------|------|------|------|i, union territories: : |     |     |     |     |     ||------|------|------|------|------|5, delhi  extracts from the states reorganisation act, 1957 (37 of 1956)establishment    x  of zonal : council 15 as from the appointed day, there shall be a zonal council for each of the following five zones, namely:— (a) the northern zone, comprising the state of haryana, punjab, himachal pradesh, rajasthan and jammu and kashmir and the union territories of delhi and chandigarh;      , 4 | \  | extract from the constitution (scheduled cases) order, 1950c019 { x     i 2 subject to the provisions of this order, the castes, races of tribes or parts of, or groups within/castes or tribes specified in parts ito xxiv of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relation to them in those parts of that schedule   4     extracts from the constitution (scheduled castes) (union territories) order, 1951c032      2 subject to the provisions of this order, the castes, races of tribes or parts of or, groups within, castes or tribes, specified in part i to ii of the schedule to this order shall, in relation to the union territories to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities 'specified in relation to them respectively in those parts of that schedule , \ -      | 4 any reference in this order to a union territory in part i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1956, any reference to a union territory in part ii of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1966 and any reference to a union territory in part {i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the day appointed under clause (b) of section 2 of the goa, daman and diu reorganisation act, 1987 1 (18 of 1987)  | theschedule- part delhithroughout the union territory: : 1 adi-dbarmi 2 agria 3, aheria 4, balai 5, banjara 7 bazigar 8 bhangi 9 bhil 10 chamar, chanwar, chamar, jatva or jatav chamar, mochi, ramdasia, ravidasi, raidasi, rehgarh or raigar 11 chohra (sweeper) 12 chuhra (balmiki) 13 dhanak or dhanuk 14 dhobi 15 dom 16, gharrami 17 julaha (weaver) 18 kabirpanthi 19' kanchhandha 20 kanjar or giarah 21 khatik 22 koli 24 madari 25 mallah 26 mazhabi 27 meghwal 28 naribut 29 nat (rana) , 30 pasi 31 perna - 32, sansi or bhedkut 33 sapera 34 sikligar a 35 singiwala or kalbelia 36 sirkiband  ~ a billto provide for the establishment of the state of delhi and for matters connected + therewith (shri lk advani, deputy prime minister) 