bifl no 204 of 1991 pesto clr een a the government of national capital territory bill, 1991  a billto supplement the provisions of the constitution relating to the legislative assembly and a council of ministers for the national capital territory and for matters connected therewith or incidental thereto be it enacted by parliament in the forty-second year of the republic of india as follows: -  part i preliminary5 1, (1) this act may be called the government of national capital gyo¢ territory act, 1991 title and com- (2) it shall come into farce on such date as the central government mencemay, by notification in the official gazette, appoint: ment provided that different dates may be appointed for different provisions 10 of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision 2 in this act, unless the context otherwise requires,— defini-  3 tions (a) "article" means an article of the constitution; one(b) "assembly constituency" means a constituency - under this act for the purpose of elections to the assembly; , (c) "capital" means the national capital territory; (d) "election commission" means the election c referred to in article 324; (e) "legislative assembly" means the legislative ass the national capital territory; ({) "scheduled castes", in relation to the capital, means castes, races or tribes or parts of or groups within such castes, or tribes as are deemed under article 341 to be scheduled caste relation to the capital  part il lecrstative assembly3 (/) the total number of seats in the legislative assembly to be fi by persons chosen by direct election from territorial constituencies shall seventy, (2) for the purpose of elections to the legislative assembly, the capital legislative assembly and its composition shall be divided into single-member assembly constituencies in accordance with the provisions of part he in such manner that the population of each of 20 the constituencies shall, so far as practicable, be the same throughout the capital (3) seats shail be reserved for the scheduled castes in the legislative assembly, and the number of seats so reserved shall bear, as neacly as may be, the same proportion to the total number of seats in the assenibly as the 9; population of the scheduled castes in the capital bears to the total population of the capital and the provisions of article 334 shall apply to such reservation, explanation —in this stth-section, the expression "population" means the population as ascertained in the iast preceding census of which the relevant figures have been published: provided that where such figures have not been published, then for the purposes of elections for the constitution of the first lepistative assembly under this aet, the provisional figures of the population of the capital as published in relation to the 1991 census shall be deemed to be the population of the capital, : 4 a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he— (a) is a citizen of india and makes and subscribes before person authorised in that behalf by the election commission an o qualification for membership of legislative assembly schedule; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed that behalf by or under any law made by parliament5 the legislative assembly, unless sooner dissolved, shall continue duration for five years from the date appointed for its first meeting and no longer, of legisand the expiration of the said period of five years shall operate as a_ lative dissolution of the assembly: feo provided that the said period may, while a proclamation of emergency issued under clause (1) of article 352 is in operation, be extended by the president by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate 10 6 (1) the lieutenant governor shall, from time to time, summon the sessions legislative assembly to meet at such time and place as he thinks fit, but six of legismonths shal] not intervene between its last sitting in one session and the _letive date appointed for its first sitting in the next session £32 sembly, (2) the lieutenant governor may, from time to time - naat i (a) prorogue the assembly; ee (b) dissolve the assembly 7 (1) the legislative assembly shall, as soon as may be, choose two = members of the assembly to be respectively speaker and deputy speaker 93°" thereof and, so often as the office of speaker or deputy speaker becomes deputy 20 vacant, the assembly shall choose another member to be speaker or speaker deputy speaker, as the case may be of legislative (2) a member holding office as speaker or deputy speaker of the pane legislative assembly— (a) shall vacate his office if he ceases to be a member of the 25 assembly; (b) may, at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and (c) may be removed from his office by a resolution of the 39 assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution (3) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker '4o 38 also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly (4) during the absence of the speaker from any sitting of the 'assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembl such person is present, such other person as may be determined b assembly, shall act as speaker (5) there shall be paid to the speaker and the deputy speaker legislative assembly such salaries and allowances as may be re jixed by the legislative assembly by law and, until provision in half is so made, such salaries and allowances as the lieutenant may, with the approval of the president, by order determine 8 (1) at any sitting of the legislative assembly, while any res for the removal of the speaker from his office is under consideration, t speaker, or while any resolution for the removal of the deputy sp from his office is under consideration, the deputy speaker, shall though he is present, preside and the provisions of sub-section (4) o! section 7 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly speaker or deputy speaker not to preside while a resolu- aion for his removal from office is under consideration and shall, notwithstanding anything in section 13, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes 9 (1) the lieutenant governor may address the legislative assembly and for that purpose require the attendance of members (2) the lieutenant governor may send messages to the assembly 35m whether with respect to a bill then pending in the assembly or otherwise, and when a message is so sent, the assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration right of lieutenant governor to address and send messages to legislative assembly 10 (1) at the commencement of the first session after each general 30 election to the legislative assembly and at the commencement of the first session of each year, the lieutenant governor shall address the legislative assembly and inform it of the causes of its summons special address by the lieutenant governor (2) provision shall be made by rules to be made by the assembly regulating its procedure for the allotment of time for discussion of the 35 matters referred to in such address 11, every minister shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall 40 not by virtue of this section be entitled to vote 12 every member of the legislative assembly shall, before taking his seat, make and subscribe before the lieutenant governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the schedule13, (1) save as otherwise provided in this act, all questions at any sitting of the legislative assembly shall be determined by a majority of votes of the members present and voting other than the speaker or person acting as such 5 (2) the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes (3) the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the 10 legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings (4) the quorum to constitute a meeting of the legislative assembly shall be one-third of the total number pf members of the assembly 15 (3) if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum 14, (1) no person shall be a member both of parliament and of the 20 legislative assembly and if a person is chosen a member both of parltament and of such assembly, then, at the expiration of such period as ig specified in or under the representation of the people act, 1951 and the rules made by the president under clause (2) of article 101 and clause (2) of article 190, that person's seat in parliament shall become vacant, 25 unless he has previously resigned his seat in the legislative assembly (2) if a member of the legislative assembly— (a) becomes subject to any disqualification mentioned in section 15 or section 16 for membership of the assembly, or (b) resigns his seat by writing under his hand addressed to the 30 speaker and his resignation is accepted by the speaker, his seat shall thereupon become vacant: provided that in the case of any resignation referred to in clause (b), if from the information received or otherwise and after making such inquiry as he thinks fit, the speaker is satisfied that such resignation is 35 not voluntary or genuine, he shall not accept such resignation (8) if for a period of sixty days a member of the legislative assembly is without permission of the assembly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account 40 shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days 15 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly - (a) if he holds any office of profit under the government of 45 india or the government of any state or the government of any union territory other than an office declared by law made by voting in assembly, power of assembly to act notwithstanding vacancies and quorum disqualifications for membershipparliament or by the legislature of any state or by the assembly of the capital or of any other union territory 1 qualify its holder; or (b) if he is for the time being disqualified for being choser for being, a member of either house of parliament under r sions of sub-clause (b), sub-clause (c) or sub-clause (d) of ela (1) of article 102 or of any law made in pursuance of that a (2) for the purposes of this section, a person shall not be deeme hold an office of profit under the government of india or the govern of any state or the government of any union territory by reason that he is a minister either for the union or for such state or og territory (3) if any question arises as to whether a member of the legislat assembly has become disqualified for being such a member under provisions of sub-section (1), the question shall be referred for the deci- ! sion of the president and his decision shall be final (4) before giving any decision on any such question, the presiden shall obtain the opinion of the election commission and shall 2 according to such opinion disqualification on ground of defeetion 16 the provisions of the tenth schedule to the constitution shall, 20 subject to the necessary modifications (including modifications for construing references therein to the legislative assembly of a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly, section 12, section 18 and section 37 of this 'act), apply to and in relation to the members of the legislative assembly as they apply to and in relation to the members of the legislative assembly of a state, and accordingly: - (a) the said tenth schedule as so modified shall be deemed to form part of this act; and (b) a person shall be disqualified for being a member of the 30 legislative assembly if he is so disqualified under the said tenth schedule as so modified 17 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 12 or when he knows that he is not qualified or that he is disqualified for membership 35 thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union 18 (1) subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislative assembly, there shall be freedom of speech in the legislative assemblypowers, privileges, ete, of snembers (2) no member of the legislative assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of 5 such assembly of any report, paper, votes or proceedings, (3) in other respects, the powers, privileges and immunities of the legislative assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees 10 (4) the provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly or any committee thereof as they apply in relation to members of that assembly 15 19, members of the legislative assembly shall be entitled to receive such salaries and allowances as may from time to time be delermined by the logis: lative assembly by law and until provision in that behalf is so made, such salaries and allowances 2s the lieutenant governor may, with the approval of the president, by order determine, 20 20 the property of the union shall, save in so far as parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the legislative assembly or by or under any other law in force in the capital: provided that nothing in this section shall, until parliament by law 25 otherwise provides, prevent any authority within the capital from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as that tax continues to be levied in the capital 21 (1) the provisions of article 286, article 287 and article 288 shall 30 4pply in relation to any law passed by the legislative assembly with tespect 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 modifica- 35 tions, apply in relation to any law passed by the legislative assembly with respect to ony 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 $ 22, (1) a bill or amendment shall not be introduced into, or moved 40 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, temission, alteration or regulation of any tax; salaries and allowances of members exemption of property of the union from taxation restrictions on laws passed by legislative assembly with res= pect to certain matters, special provi- sions as to financial bills(b) the amendment of the law with respect to any fi gations undertaken or to be undertaken by the govern capital; (c) the appropriation of moneys out of the consolidated the capital; (d) the declaring of any expenditure to be expenditure on the consolidated fund of the capital or the increasing amount of any such expenditure; (e) the receipt of money on account of the consolidated fi of the capital or the custody or issue of such money: provided that no recommendation shall be required under this su section for the moving of an amendment making provision fer the tion or abolition of any tax (2) a bill or amendment shall not be deemed to make provision fe any of the matters aforesaid by reason only that it provides for the position of fines or other pecuniary penalties, or for the demand or pay: ment of fees for licences or fees for services rendered, or by reason it provides for the imposition, abolition, remission, alteration or reg tion 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 (1) a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly procedure as to yepsing of bills (2) a bill which is pending in the legislative assembly shall 1 on a dissolution of the assembly assent to bills 24, when a bill has been passed by the legislative assembly, it be presented to the lieutenant governor and the lieutenant govern shall declare either that he assents to the bill or that he withholds therefrom or that he reserves the bill for the consideration of the dent: provided that the lieutenant governor may, as soon as possible the presentation of the bill to him for assent, return the bill if it i: money bill together with a message requesting that the assembly reconsider the bill or any specified provisions thereof, and, in parti will consider the desirability of introducing any such amendments a may recommend in his message and, when a bill is so returned, sembly will reconsider the bill accordingly, and if the bill is p with or without amendment and presented to the lieutenant assent, the lieutenant governor shall declare either that he assents bill or that he reserves the bill for the consideration of the presidprovided 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 10 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 ease, there 15 is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill 25 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: bills reserved for consideration 20 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 bill is so returned, the assembly shall reconsider it accordingly within a period of six months from the date of receipt of as 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 requirements as to sanction, etc 26, no act of the legislative assembly, and no provision in any such act, shall be invalid by reason only that some previous sanction 39 of 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 annual financial statef ment27 (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 40 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 p be made from the consolidated fund of the capital, and shali distinguish expenditure on revenue account from 5 expenditure, op <3) notwithstanding anything contained in any law for the time in force, the following expenditure shall be expenditure charged on consolidated fund of the capital: - (@) the emoluments and allowances of the lieutenant governor and other expenditure relating to his office as determined by 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 expendi- - ture connected therewith; (c) the salaries and allowances of the speaker and the deputy 15 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 judgment, decree or award of any court or arbitral tribunal; 20 (f) any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly to be so charged procedure in legislative assembly 28 (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of the capital shall not be submitted to 25 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 respect to estimates (2) so much of the said estimates as relates tg other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the 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 (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 appropriation bills 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 () the expenditure charged on the consolidated fund of capital but not exceeding in any case the amount shown in 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 sof the person presiding as to whether an: 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 10 30 (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 15 current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (») if any money has been spent on any service during a financial year in excess of the amount granted for that service and 20 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 25 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 jaw to be made authorising the appropriation of moneys out of the consolidated fund of the capital to meet such expenditure or the grant in 30 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 35 31 (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 40 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 48 to the making of any grant under sub-section (1) or to any law to be supplementary, additional or excess grants, votes on accountmade under that sub-section as they have effect in relation to he m of a grant with regard to any expenditure mentioned in the financial statement and the law to be made for the authori appropriation of moneys, out of the consolidated fund of the meet such expenditure 32 notwithstanding anything in the foregoing provisions part, the lieutenant governor may authorise such expenditure consolidated fund of the capital as he deems necessary for a p d more than six months beginning with the date of the consti consolidated fund of the capital, pending the sanction of such ture by the legislative assembly authorisation of expenditure pending its sanction by legislative assembly rules of procedure 33 (1) the legislative assembly may make rules for subject to the provisions of this act, its procedure and the cond its business: provided that the lieutenant governor shall, after consuliat the speaker of the legislative assembly and with the approval president, make rules— (a) for securing the timely completion of financial (b) for regulating the procedure of, and the conduct of b in, the legislative assembly in relation to any financial matter any bill for the appropriation of moneys out of the consolidat of the capital;  (c) for prohibiting the discussion of or on, any pipes which affects the d he (2) until rules are made § si (1 dure and standing orders with peapeet to 'the ye the state of uttar pradesh in force immediately before the « ment of this act shall have effect in relation to the legislati subject to such modificaticns and sdaptations as may  by the lieutenant governor 3a (1) the legislative assembly may by law adopt more of the languages in use in the capital or hindi language or languages to be used for all or any of the of the capital: tanguage or languages of the provided that the president may by order direct— (i) that the official language of the union shall janguage or lansuch of the official purposes of the capital as may be order; fbe used in legislative assembly (i) 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: tive assembly or person acting provided that the speaker of the legi as such, as the case may be, may permit any member who cannot adequately 10 express himself in any of the languages aforesaid to address the assembly in his mother-tongue 35 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 15 in the legislative assembly; (b) of all acts passed by the legislative assembly; and (©) of all orders, rules, regulations and bye-laws issued under any law made by the legislative assembly, shall be in the english language: 20 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 byelaw issued under any law made by the legislative assembly, a translation of the same in the english language published under the authority of the a x lieutenant governor in the official gazette sha'l be deemed to be the authe ritative text thereof in the english language 36 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 3037 (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 35 to the jurisdiction of any court in respect of the exercise by him of those powers, language to be used for bills, acts, ete restriction on discussion in the legislative assembly courts not to inquire into proceedings of legislative assembly part iii delimitation of constituencies38 (/) the election commission shall, in the manuer distribute the seats assigned to the legislative assembly under _ single-member territorial constituencies and delimit them haying reg following provisions, namely:— "election commis sion to ~ delimit —— constituencies (a) all constituencies shall, as far as practicable, be deli such manner that the ratio between the population of ee: af 5 tion of their population to the total population is comparatively a (2) the election commission shall— (@) publish its proposals for the delimitation of constituencies in the official gazette and also in such ofher manner as the commission be 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; () consider all objections and suggestions which may have heen received by it before the date so specified; 20 (c) after considering all objections and suggestions which may haye been received by it before the date so specified, determined 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 75 called in question in any court 39 the election commission may, from time to time, by notification in the official gazette,— power of election commission to maintain (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 (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 4 all the said assembly constituencies to elect members in accordance the provisions of the representation of the people act, 1951, and of rules and orders made or issued thereunder as applicable under section (3)43 of 1950 (3) the representation of the people act, 1950, the representation 43 of 1951 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 modifica- 5 tions for construing references therein to a state, state government and governor as including references to the capital, government of the capital and lieutenant governor, respectively) to, afd in relation to, the general election referred to in sub-section (1)  part iv 1c certain provisions relating to lieutenant governor and ministers41 (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 15 are entrusted or delegated to him by the president; or (ii) im which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions (2) if any question arises as to whether any matter is or is not 3 matter as respects which the lieutenant governor is by or tnder any 20 law required to act in his discretion, the decision of the lieutenant governor thereon shall be final (3) if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of 25 the lieutenant governor thereon shall be final 42, 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 (1) before a minister enters upon his office, the lieutenant gov- 30 ernor 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 35 (3) the salaries and allowances of ministers shall be such as the legislative assembly may from time to time by law determine, and until the legislative assembly so determines, shal] be determined by the lieutenant governor with the approval of the president matters in which lieutenant governor to act in his discretion advice by ministers other provisions as to ministers44 (1) the president shall make rules— b= conduct of busi- (@) for the allocation of business to the ministers in so - is business with respect to which the lieutenant governor i ed to act on the aid and advice of his council of ministers; (>) for the more convenient transaction of business with ministers, including the procedure to be adopted in the case difference of opinion between the lieutenant governor and council of ministers or a minister (2) save as otherwise provided in this act, all executive action of the lieutenant governor whether taken on the advice of his ministers or otherwise shall be expressed to be taken in the name of the lieutenant governor : 1 (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 it shall be the duty of the chief minister— (a) to communicate to the lieutenant governor all decisions of 99 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 25 nor, ete (©) 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 provisions46 (1) as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all revenues receiv- consolidated fund of the capital ed 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 all loans advanced to the capital from the consolidated fund of india and all money: i by the capital in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of the national capital territory" (referred to in this act as the consolidated fund of the capital) (2) no moneys out of the consolidated fund of the capital s} be appropriated except in accordance with and for the purposes and the manner provided in this act ,(3) the custody of the consolidated fund of the capital, the payment of moneys into such fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the lieutenant governor with the approval sof the president 47 (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" into which shall be paid from and out of the consolidated fund of the capital such sums as may, from time to 10 time, be determined by law made by the legislative assembly; and the said fund shall be held by the lieutenant governor to enable advances to be made by him out of such fund (2) no advances shall be made out of the contingency fund referred to in sub-section (1) except for the purposes of meeting unforeseen 15 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 48 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 25 _ 49 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 30 50 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 239ab, it shall be competent for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of the capital pending the sanction of such expenditure by parliament 35 51 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 adminis- 40 tration of the capital shall be instituted by or against the govexnment of india contingency fund of the capital audit reports, relation of lieutenant governor and his ministers fo president authorisation of expenditure by president contracts: and suits,to remove difficulties, 52 (1) if any difficulty arises in relation to the provisions of any law by this act or in giving e provisions of this act and in particular in relation to the of the legislative assembly, the president may by order do not inconsistent with the provisions of the constitution or of 1 which appear to him to be necessary or expqdient for the removing the difficulty: provided that no order under this sub-section shall be made expiry of/three years from the date, of constitution of the first li assembly (2) every order made under sub-section ('1) shall be laid house of parliament 53 every rule made by the lieutenant governor under this act be laid, as soon as it is made, before the legislative assembly- ' before legislative 54 in section 27a of the representation of people act, 1950, section (3), the following sub-section shall be substituted, nam bly amendment of section 27a of of 1950 "(3) the electoral college for the union territory of de consist of the elected members of the legislative asse tuted for that territory under the government of n territory act, 1991" 55 the delhi administration act, 1966 is hereby repeal ~ 19 of 1966  the schedule(see sections 4, 12 and 43)  forms of oaths or affirmations iiform of oath or affirmation to be made by a candidate for election to the legislative assembly:— "], a b, having been nominated as a candidate to fill a seat swear in the name of god in the legislative assembly do ————————__——— that i solemnly affirm 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" _~  ilform of oath or affirmation to be madé by a member of tlie legislative assembly:— "j, a b,, having been elected a member of the legislative swear in the name of god assembly do that i will bear true faith solemnly affirm 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"  tilform of oath of office for a member of the countil of ministers: - swear in the name of god "j, a b do ——_—_—_——__— that i will bear true solemnly affirm 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 the constitution and the law without fear or favour, affection or ill-will"  ivform of oath of secrecy for a member of the council of ministers: - swear in the name of god "1, a b, do ————_—_—_— that i will not directly solemnly affirm 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 minister"  statement of objects and reasonsunder the new article 239-aa proposed to be inserted by the constitution (seventy-fourth amendment) bill, 1991, a legislative assembly and - council of ministers will be established for the national territory clause (7)(a) of the said article provides that parliament may by law make provisions for giving effect to or supplementing the provisions contained in, that article and for all matters incidental or consequential thereto, ! 2 in pursuance of the said clause, this bill seeks to make necessary provisions in respect of the legislative assembly and its functioning, including provisions relating to the speaker, deputy speaker, qualifications or disqualifications for membership, duration, summoning, prorogation or dissolution of the house, privileges, legislative procedures, procedure in | financial matters, address by the lieutenant governor to the legislative assembly, constitution of consolidated fund for the national capital territory, contingency fund, etc these are on the lines of the provisions made in respect of a legislative assembly of a-state with suitable modifications - 3 under the bill the delimitation of constituencies will be made by the election commission in accordance with the procedure set out therein having regard to the special conditions prevailing in delhi, it has been provided that in respect of the first constitution of the assembly, such delimitation will be on the basis of provisional figures of population in relation to 1991 census, if final figures have not been published by then, i | 4 the bill seeks to give effect to the above proposals, new delur; s b chavan the 12th december, 1991 |  notes on clausesclause 3 provides that the total number of seats in the legislative assembly of the capital to be filled by persons chosen by direct elections shall be 70 seats shall also be reserved for scheduled castes in the assembly, there will be single-member assembly constituencies on the basis of population as defined in this clause clause 4 provides for the qualifications of the members of the legislative assembly clause 5 provides that the normal duration of the assembly will be 5 years clause 6 makes provision for the sessions of the legislative assembly, its prorogation and dissolution clauses 7 and 8 make provisions for the speaker and the deputy speaker of the legislative assembly clauses 9 and 10 provide for the right of the lieutenant governor to address and send messages to the legis}ative assembly as well as special address by the lieutenant governor clauses 11 to 14 provide for the right of ministers as respects legislative assembly, voting in assembly, vacation of seats, etc = clauses 15 to 17 relate to disqualification for membership and penalty for sitting and voting before making oath clauses 18 and 19 provide for the powers, privileges and salaries and allowances of the members clause 20 provides for exemption of property of the union from taxation clauses 21 to 32 relate to certain restrictions on the powers of the legislative assembly to make laws in respect of certain matters, special provisions as to financial bills, the procedure as to lapsing of bills, 'assent to bills, reservation of bills for president's consideration, previous sanction or recommendation to bills, annual financial statement appropriation bills and grants, ete clauses 33 to 37 provide for rules of procedure for regulating the procedure and conduct of business of the legislative assembly, official language, etc clauses 38 to 40 provide for delimitation of the constituencies by the election commission on the basis of the procedure generally followed by the delimitation commission, with suitable modifications clause 41 sets out the matters in which lieutenant governor is to act in his discretion clauses 42 and 43 contain the advice by the ministers and other allowances of ministers, clause 44 relates to the rule making power allocation of business to the ministers and for more of business with the ministers clause 45 provides for duties of chief minister nishing of information to the lieutenant governor, clauses 46 to 48 relate to the consolidated fund | fund of the capital and the audit reports clause 49 provides for relation of lieutenant ministers to president clause 50 relates to authorisation of  v eat clause 52 provides for the powers of the president to ties in giving effect to the provisions of the bill clause 53 provides for laying of rules made by the lieutenant gover before the legislative assembly clatise 54 seeks to amend section 27a of the representation of people act, 1950 to provide for electoral college for the council of st: in relation to the capital clause 55 seeks to repeal the delhi administration act, 1966 financial memorandumclause 3 of the bill provides for setting up of a legislative assembly for the national capital territory clauses 7(5), 19 and 43(3) relate to payment of salaries and allowances to the speaker, the deputy speaker, members of the legislature and the ministers the expenditure on such salaries and allowances and other expenditure of incidental nature such 'as on the additional staff for the legislature and council of ministers will be met from the consolidated fund of the national capital territory on a rough estimate, the expenditure on the salaties and allowances, etc, is expected to be about rs 20 crores per annum but there would also be a corresponding saving on the abolition of the metropolitan council of delhi to the extent of about rs 10 crores 2, clause 38 provides for the delimitation of seventy single member territorial constituencies for the proposed assembly of the national capital territory for this purpose, @ non-recurring expenditure of about rs 50,000 is likely to be incurred this expenditure will be met from the consolidated fund of india 3 the bill does not involve any other expenditure whether of a recurring or non-recurring nature memorandum regarding delegated legislationclause 33 of the bill empowers the legislative assembly of capital to make rules, subject to the provisions of this bill, for reg its procedure and conduct of its business, it also provides that 1 lieutenant governor shall, after consultation with the speaker of legislative assembly and with the approval of the president, m rules for securing the completion of financial business, regulating procedure and conduct of business in the legislative assembly in relation - to any financial matier or to any bill for appropriation of monies of the consolidated fund of the capital and for prohibiting the disc sion of or asking any questions which affect the discnarge of the tions of the lieutenant governor in so far as he is required to act in discretion, { i 2, clause 44 of the bill empowers the president to make rules regarding allocation of business to ministers and transaction of such ness it further empowers the iaeutenant governor to make s prohibiting the manner of authenticating the orders issued in his nan 3 clauses 46(3) and 47(3) of the bill provide that the lieute governor may make rules regardng the custody, etce, of the cons: dated fund of the capital and the contingency fund of the capit: 4 clause 52 of the bi!l empowers the president to issue ord 5 the matters mentioned ; difficult to provide for them in the of legislative power is, therefore, of a normal annexure extract from the representation of the people act, 1950 (43 of 1950)|                |       |        |        |     |      |             ||----------------|-------|---------|---------|------|-------|--------------|| 27a           | (1)   |        | i       | =    | "a    | constitu-    || tion           | of    |         |         |      |       |              || (3)            |       |         |         |      |       |              || the            |       |         |         |      |       |              || electoral      |       |         |         |      |       |              || college        |       |         |         |      |       |              || for            |       |         |         |      |       |              || the            |       |         |         |      |       |              || union          |       |         |         |      |       |              || territory      |       |         |         |      |       |              || of             |       |         |         |      |       |              || delhi          |       |         |         |      |       |              || shall          |       |         |         |      |       |              || consist        |       |         |         |      |       |              || electoral      |       |         |         |      |       |              || of             | the   | elected | members | of   | the   | metropolitan || 19             |       |         |         |      |       |              || of             |       |         |         |      |       |              || 1966          |       |         |         |      |       |              || territory      |       |         |         |      |       |              || under          |       |         |         |      |       |              || the            |       |         |         |      |       |              || delhi          |       |         |         |      |       |              || administration |       |         |         |      |       |              || act,           |       |         |         |      |       |              || 1966          |       |         |         |      |       |              || aes            |       |         |         |      |       |              || :              |       |         |         |      |       |              ||               |      |        |        |     | seats | in           || the            | coun- |         |         |      |       |              || cil            | of    |         |         |      |       |              || states         |       |         |         |      |       |              || alloted        |       |         |         |      |       |              || to             | union |         |         |      |       |              || territories   |       |         |         |      |       |              |