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GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991
1 of 1992
2nd January, 1992
STATEMENT OF OBJECTS AND REASONS Under the new
Article 239-AAproposed to be inserted by the Constitution (Seventy-fourth Amendment) Bill, 1991, a Legislative Assembly and Council of Ministers will be established for the National Capital 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 Disqualification's 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. Contingent 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 them. 4. The Bill seeks to give effect to the above proposals.-Gaz. of Ind., 16-12-91, Pt. II, S. 2, Ext., p. 47 (No. 49).
An Act to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi 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:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Government of National Capital Territory of Delhi Act, 1991.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions 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.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "article" means an article of the Constitution:
(b) "assembly constituency" means a constituency provided under this Act for the purpose of elections to the Legislative Assembly;
(c) "Capital" means the National Capital Territory of Delhi;
(d) "Election Commission" means the Election Commission referred to in article 324;
(e) "Legislative Assembly" means the Legislative Assembly of the National Capital Territory of Delhi;
(f) "Scheduled Castes", in relation to the Capital, means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to the Capital.
SECTION 03: LEGISLATIVE ASSEMBLY AND ITS COMPOSITION
(1) The total number of seats in the Legislative Assembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy.
(2) For the purpose of elections to the Legislative Assembly, the Capital shall be divided into single-member assembly constituencies in accordance with the provisions of Part III in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Capital.
(3) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the 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 section, the expression "population" means the population as ascertained in the last 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 Legislative Assembly under this Act, 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.
SECTION 04: QUALIFICATIONS FOR MEMBERSHIP OF LEGISLATIVE ASSEMBLY
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 some person authorised in that behalf by the Election commission an oath or affirmation according to the form set out for the purpose in the Schedule;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
SECTION 05: DURATION OF LEGISLATIVE ASSEMBLY
The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly: 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.
SECTION 06: SESSIONS OF LEGISLATIVE ASSEMBLY, PROROGATION AND DISSOLUTION
(1) The Lieutenant Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Lieutenant Governor may, from time to time,-
(a) prorogue the Assembly;
(b) dissolve the Assembly.
SECTION 07: SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY
(1) The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of the Legislative Assembly -
(a) shall vacate his office if he ceases to be a member of the 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 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 is 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 Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
(5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly such salaries and allowances as may be respectively fixed by the Legislative Assembly by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, with the approval of the President, by order determine.
SECTION 08: SPEAKER OR DEPUTY SPEAKER NOT TO PRESIDE WHILE A RESOLUTION FOR HIS REMOVAL FROM OFFICE IS UNDER CONSIDERATION
(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside and the provisions of sub-section (4) of section 7-shall apply in relation to a every such sitting as they apply in relation to sitting a 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 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.
SECTION 09: RIGHT OF LIEUTENANT GOVERNOR TO ADDRESS AND SEND MESSAGES TO LEGISLATIVE ASSEMBLY
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 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.
SECTION 10: SPECIAL ADDRESS BY THE LIEUTENANT GOVERNOR
(1) At the commencement of the first session after each general 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.
(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 matters referred to in such address.
SECTION 11: RIGHTS OF MINISTERS AS RESPECTS LEGISLATIVE ASSEMBLY
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 not by virtue of this section be entitled to vote.
SECTION 12: OATH OR AFFIRMATION BY MEMBERS
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 Schedule.
SECTION 13: VOTING IN ASSEMBLY, POWER OF ASSEMBLY TO ACT NOTWITHSTANDING VACANCIES AND QUORUM
(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.
(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 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 of members of the Assembly.
(5) 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.
SECTION 14: VACATION OF SEATS
(1) No person shall be a member both of Parliament and of the Legislative Assembly and if a person is chosen a member both of Parliament and of such Assembly then, at the expiration of such period as is specified in or under the Representation of the People Act, 1951and 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 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-orsection 16-for membership of the Assembly, or
(b) resigns his seat by writing under his band addressed to the 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 not voluntary or genuine, he shall not accept such resignation.
(3) 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 shall be taken of any period during which the Assembly is prorogued or is adjourned for more than four consecutive days.
SECTION 15: DISQUALIFICATIONS FOR MEMBERSHIP
(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 India or the Government of any State or the Government of any Union territory other than an office declared by law made by Parliament or by the Legislature of any State or by the Legislative Assembly of the Capital or of any other Union territory not to disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause (1) of Article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of any Union territory by reason only that he is a Minister either for the Union or for such State or Union territory.
(3) If any question arises as to whether a member of the Legislative Assembly has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the President and his decision shall be final.
(4) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
SECTION 16: DISQUALIFICATION ON GROUND OF DEFECTION
(1) The provisions of the Tenth Schedule to the Constitution shall 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-andsection 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 Legislative Assembly if he is so disqualified under the said Tenth Schedule as so modified.
SECTION 17: PENALTY FOR SITTING AND VOTING BEFORE MAKING OATH OR AFFIRMATION OR WHEN NOT QUALIFIED OR WHEN DISQUALIFIED
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 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.
SECTION 18: POWERS, PRIVILEGES, ETC. OF MEMBERS
(1) Subject to the provisions of this Act to the rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom of speech in the Legislative Assembly.
(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 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.
(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.
SECTION 19: SALARIES AND ALLOWANCES OF MEMBERS
Members of the Legislative Assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly by law and until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, with the approval of the President, by order determine.
SECTION 20: EXEMPTION OF PROPERTY OF THE UNION FROM TAXATION.
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 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.
SECTION 21: RESTRICTIONS ON LAWS PASSED BY LEGISLATIVE ASSEMBLY WITH 'RESPECT TO CERTAIN MATTERS
(1) The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters.
(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters.
SECTION 22: SPECIAL PROVISIONS AS TO FINANCIAL BILLS
(1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or amendment makes provision for any of the following matters, namely:-
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital;
(c) the appropriation of moneys out of the Consolidated Fund of the Capital;
(d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Capital or the increasing of the amount of any such expenditure;
zza"(e) the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital:".
Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax.
(2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of the Capital shall not be passed by the Legislative Assembly unless the Lieutenant Governor has recommended to that Assembly the consideration of the Bill.
SECTION 23: PROCEDURE AS TO LAPSING OF BILLS
(1) A Bill pending in the Legislative Assembly shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill which is pending in the Legislative Assembly shall lapse on a dissolution of the Assembly.
SECTION 24: ASSENT TO BILLS
When a Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President : Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President : Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which,-
(a) in the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or
(b) the President may, by order, direct to be reserved for his consideration; or
(c) relates to matters referred to in sub-section (5) of section 7-orsection 19-orsection 34-or sub-section (3) of section 43-.
Explanation.- For the purposes of this section and section 25-, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 22-or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
SECTION 25: BILLS RESERVED FOR CONSIDERATION
When a Bill is reserved by the Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom : Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governor to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to section 24-and, when a Bill is so returned, the Assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the Assembly with or without amendment, it shall be presented again to the President for his consideration.
SECTION 26: REQUIREMENTS AS TO SANCTION, ETC
No Act of the Legislative Assembly, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the consideration of the President, by the President.
SECTION 27: ANNUAL FINANCIAL STATEMENT
(1) The Lieutenant Governor shall in respect of every financial year cause to be laid before the Legislative Assembly, with the previous sanction of the President, a statement of the estimated receipts and expenditure of the Capital for that year, in this Part referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement shall show separately -
(a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of the Capital; and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Capital and shall distinguish expenditure on revenue account from other expenditure.
(3) Notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the Consolidated Fund of the Capital :-
(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating to his office as determined by the President by general or special order;
(b) the charges payable in respect of loans advanced to the Capital from the Consolidated Fund of India including interest, sinking fund charges and redemption charges, and other expenditure connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly;
(d) expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by the Constitution or by law made by Parliament or by the Legislative Assembly to be so charged.
SECTION 28: PROCEDURE IN LEGISLATIVE ASSEMBLY WITH RESPECT TO ESTIMATES
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of the Capital shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and 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.
SECTION 29: APPROPRIATION BILLS
(1) As soon as may be after the grants under section 28-have been made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Capital of all moneys required to meet -
(a) the grants so made by the Assembly; and
(b) the expenditure charged on the Consolidated Fund of the Capital but not exceeding in any case the amount shown in the statement previously laid before the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the Capital and the decision of the person presiding as to whether 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 provisions of this section.
SECTION 30: SUPPLEMENTARY, ADDITIONAL OR EXCESS GRANTS
(1) The Lieutenant Governor shall,-
(a) if the amount authorised by any law made in accordance with the provisions of section 29-to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new services not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the' amount granted for that service and for that year cause to be laid before the Legislative Assembly, with the previous sanction of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly with such previous sanction a demand for such excess, as the case may be.
(2) The provisions of sections 27-,28-and29-shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out the Consolidated Fund of the Capital to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Capital to meet such expenditure or grant.
SECTION 31: VOTES ON ACCOUNT
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