 bui:n~i;a, tile delhi (delegation of powers) biu, 1963bill  ~  , - ----_- --" ,--'; ~  lit,   ,,'" i·~"j"· _  -r, ''''tw~:;;i to provide for the delegation of certain power vcted in the adm'm, trator of the union territ071l of delhi "'be" it ~";cted by' parliaine~~tii the f~u:rteen,th -yea~ therepub~ lie of india as follows:-1 (1) thjs act may be called the delhi (delegation of pow-era) sbort title act, 1963 and extent (2) it extends to the whole of the union territory of delhi s -- ~  ",  - _ _~ _ c-- - ;-a- ••  2 in this act, unless the context otherwise requires,-de6ni-- - ill tiona (a) "adrnirustrator" means the administrator of deuu appointed by the president under article 239 of the constitution; ca:~~  ~ ~ w ~ -=--___  (b) "chief secretary" means the chief secretary of the delhi administration; '" ~ 10 (c) "otlhi" means the union territory of delhi: (d) "district judge" means the district judge, delhi, and includes an additional district judge, delhi 3 (1) any power, authority or jurisdiction or any duty which delegatioa is the administrator may exercise or discharge by or under the provi- of powera, sions of any enactment mentioned in column 1 of the schedule may r:=a~ be exercised or discharged alsoistrator undereer-(a) by any officer or authority mentioned in relation thereto tain lawi in column 2 of the said schedule; (b) by such other oaleel' or authority as may be lpeelfted in this behalf by the central government by notification in the ome1al· gazette (2) the administrator may transfer any appeal or application for revision or any other matter pending befode him for disposal to an 5 officer or other uuthority competent under sub-section (1) to dispose of the same (3) the administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending befo;fe ~qffic~ or quter authority competent under sub-section (1) 10 to· ·dispose ·of· theme  the schedule (see s~clio1 3)provisions vesting powers officer or authority who name of enactment  ~  in the a,4,lni\itrator may awl exercise is the power&  chiaf scctetary  20 chief seeretary j :l'~ ,purijab lalllj:  revenue< seaions 13 aad 16    aa, i887 (l'unjab act 17 cf , 'l881>, lsin-force in delhi· 2: united, provida:s lana smions 21e" and 219 revenue'act, 1901 (united provinces act 3 of 1901), as in force in d~i, , , district judge 3 the bengal finance (sales section 20 (3)· t ~) ac( 1941 (bet:!:gai a~ 6 of 1941) as in force 1d delhi chief secuetary 4-111e,p~joandrevclu1e ai;t, ~flions 640 66 and 7'  ,1954 (~llir ~f1 il of 1954)· 30 :chief s«relary 5 ~ swn ~s (imprpve-" section 20 ment and clearance) act, 1956 (96 of 1956)   '  the delhi (delegation of powers) bill, 1963 (to be/as introduced in lok sabha)1 page 2, line 5,-for libefode" ~ "before" 2 page 6, line 29,-for tturracts" read 'textr1~ct" 3 correct line numbers on page 2 new delhi, --vember 25~ 1963 hgrahayana 4, 1885  statement of objects and reasonsund~ certain enactments in force in the union territory of delhi, the ctuefcommissioner of del:hf 'has to exercise appellate, mtsldnal and other poweirs "either by virtue of express -proyisions ln t!ioe ,enactments or by virtue of delegation 'of those powers to him the chief commissioner, on an average, has to hear over '400 appeals and revision applications during the -course of a year under the prmisions {)fthe enactmenislnentioned in the schedule to the bill this work ool1s1llm!!s consjderirble time and renders it diftlcult lor the chief commissioner to devote adequate attention totf1e various prob~s eoj1nected with the administration of the union territory it is, "thefiefore, coftsidered necessary to give relief to ·the- cbfef coibmissi0lle!' by pfuviding that the·powers mentiolned above shall be -exercisable also by tbe oflicers lind authorities spedfted fn the sehfdule and by such other officer or authority as may be specified in this behalf by the centml govern·ment the bill seeks to give et!ect to this object m chandrasekhar • new delhi; the 13th november, 1963  preside!ft's recommendation under article 117 of the constitution of india[copy of letter no 42/3/63-delhi, dated the 16th november, 1963 from shrimati m chandrasekhttr, deputy minister of home affairs to the secretary lok sabha] the president having been informed of the subject matter of the bill, has recommended to the lok sabha the consideration of the bill under article 117 (3) of the constitution clause 3(1) (b) of the bill provides that such officer or authority as may be specified in this behalf by the central goverrunent by notification in the oftlcial gazette may also exercise or discharge the power, authority, jurisdiction or duty which the administrator may exercise or discharge under the provisions of an enactment mentioned in column 1 of the schedule to the bill immediately there is no intention of appointing any extra officer for this purpose and the delegated powers will be exercised -by the existing officers such lis the chief secretary, delhi administration, district judge or additional district judge, delhi, as the case may be however, it may become necessary at a future date to appoint a sep8l1lte officer for this purpose the total annua1i e~diture, if such an oflicer is a,ppointed, is estimated to be about rs 30,000 - - - - - 13 save as otherwise provided by this act, an appeal shall lie appeals from an original or appellate order of revenue officer as follows, namely:-(a) to the collector, when the order is made by an assistant collector of either grade; (b) to the commissioner, when the order is made by a collector; (c) to the financial commissioner, when the order is rnade by a commissioner: provided that-(i) when an original order is confirmed on first appeal, a further appeal shall not lie; (ii) when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any, to him shall be final - - - - - 16 (1) the financial commissioner may at any time call for the power to record of any case pending before, or disposed of 'by, any revenue ~~~f~e officer subordinate to him and revise proceed-(2) a commissioner or collector may call for the record of any rings of · evenue case pendmg before, or disposed of by, any revenue officer under officers his control (3) if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the financial commissioner (4) the financial commissioner may, in any case called for by himself under sub-section (1) or reported to him under sulb-sectfon (3), pass such order as he thinks fit: provided that he shall not under this section pass an order reversing or modifying' any proceeding or order of a subordinate revenue            q                  "                                   -, officer and affecting any question of right between private persons without giving those persons an opportunity of being heard - - " - - ex1'mcts nom 7jiij uni'1'bd pbovinces lan8 revfdfuj: ar:r, 1901 (3 011' 1901) - - - - - 110 (1) a})pealsshau lie under this act as follows:-courts to which appeals lie (\:i) to the record officer from orders passed by any assis-·ta1lt reeord oftleer; (b) to the commissioner from orders passed by assistant collector ql' tahsildar; (c) to the board from judicial orders passed: by a :commission~or additional commissioner or reoord officer - - - - - (4) no appeal shall be allowed from a non-judicial order not ccll1jlecteci with settlemem pesaed by a commilsioner  - - -  " ~t~(r" 219 "the ,state government may cal1 for the record of any noner~~n~v- judicial proceeding not connected with settlement held by any officer ~~ !~f~r subordinate to it, a~ may pass thereon such orders as it thinks fit :~~_ ·t1teboard may call for the record of any case oj a jud~ial nature nate olb-or connected wit a settl~ent, in which no appeal lies to the beard, ":rs~~ if the officer by whom the case was decided appears to have exerciaed orders " a jurisdiction not vested in him by law, or to have failed to exercise a juri!di¢ion'so vested, or to ha've ected in the e~cise of his jurisdiction illegally or with substantial irregularity, and may pass sueh orders in the case as it thinks fit " ' - - - - - appeal, r:v ~ion and review extracts prom the bengal finance (sales tax) act, 1941 (6 of 1941) " - - - - 20 - - - " - c3) subject to such rules as may be prescribed and for reasons to be recprded in writing, the commissioner upon application or of his own notion may revise any assessment made or or~er passed under this act or the rules thereunder by a person appointed under section 3 to assist him, and subject as afweaaid, the chief commis· sitmer may, ia like manper, revise by order pass by the commissiouerc ; _ ~ : _4~  ::i  1 provided that before rejecting any application for the revision of any such order the commissioner or the chief commissioner, as the case ma'y be, shall consider it and shall record reasons for such rejection:  (~ _l~ ~_ti',_::j~j provided further that no application for revision shall lie to the commissioner in respect of a~ assessment if an appeal lies under sub-section (1) to the commissioner in respect of such assessment  - - - - -  extracts fiiom the dbuu lad revbbue acr, 19m(12 of 1954) - - -  -  chapti;:r vi appeals, reference and revision64 (1) an appeal shall lie wider this act-courts to which (a) to the settlement officer· or the record officer from appeals orders passed by any assistant settlement officer or assistant lie record officer, respectively; (p) to the; deputy commissioner ql' to the additional collector specially empowered in this behalf from orders passed by tbe &eveaue amtant, an assistant collector or tabsildarj (c) to the chief commissioner from orders passed by the deputy commissiorer, additional collector, settlement officer or record officer - - - - - 66 a second appeal shall lie to the chief commissioner from an second order deciding an appeal under clause (a) or clause (b) of sub- appeal section (1) of section 64 on any of the following grounds and no other, namely:-(i) the decision being contrary to law· or to some usagehaving the force of law, (ii) the decision having failed to determine some material issue of law or usage having the force of law, (iii) a substantial error or defect in the procedure as laid down in this act or prescribed thereunder, which may possibly have produced error or defect in the decision of the case upon the merits  - - - - - 72 the ohief commissioner may call for the record of-(a) any non-judicial proceeding not connected with settlement, held by any ofbcer subordinate!fo him, and may pass thereon such orders as he thinks fit, or power of chief commis-iloner to call for files of lubordinate offi cers and to revise order • (b) any case of a judicial nature or connected with settlement, in which no appeal lies to the chief commissioner, if the officer by whom the case was decided appears to have exercised jurisdiction not vested in him by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of his jurisdiction illpgally, or with substantial irregularity, and may pass such orders in the case as he thinks fit - - - - -  extract from the slum areas (improvement and clearance) act, 1956(96 of 1956) - - - - - appeall 20 any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeul to the administrator and the decision of the administrator on such appeal shall be final - - - - - a bjll tq provide for the delegation of certain powers vested in the administrator of the union territory of delhi (8hrimali m chandrasekhar, j)eputy minister in the mirtistry of home affairs) 