THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991
THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991
Title : THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991
Year : 1991
(1) As FROM such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all revenues received in the Capital by the Government of India or the Lieutenant Governor in relation to any matter with respect to which the Legislative Assembly has power to make laws, and all grants made and all loans advanced to the Capital FROM the Consolidated Fund of India and all moneys received by the in repayment of loans shall form one Consolidated Fund to be entitled "the Consolidated Fund of the National Capital Territory of Delhi" (referred to in this Act as the Consolidated Fund of the Capital.
(2) No moneys out of the Consolidated Fund of the Capital shall be appropriated except in accordance with and for the purposes and in the manner provided in this Act.
(3) The custody of the Consolidated Fund of the Capital, the payment of moneys INTO such 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 of the President.
(1) There shall be established a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the National Capital Territory of Delhi" INTO which shall be paid FROM and out of the Consolidated Fund of the Capital such sums as may, FROM time to 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 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.
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.
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.
(1) Every ORDER made by the President under article 239AB shall expire at the end of one year FROM the date of issue of the ORDER and the provisions of clauses (2) and (3) of article 356.shall, so far as may be, apply to such ORDER as they apply to a Proclamation issued under clause (1) of article 356.
(2) Notwithstanding anything contained in sub-section (1), the President may extend the duration of the aforesaid ORDER for a further period not exceeding two years FROM the date of expiry of the ORDER under sub-section (1) subject to the condition that every extension of the said ORDER for any period beyond the expiration of one year shall be approved by resolutions of both Houses of Parliament.
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.
For the removal of doubts it is hereby declared that-
(a) All contracts in connection with the administration of the Capital are contracts made in the exercise of the executive power of the Union; and
(b) All suits and proceedings in connection with the administration of the Capital shall be instituted by or against the Government of India.
(1) If any difficulty arises in relation to the transition FROM the provisions of any law repealed by this Act or in giving effect to the provisions of this Act and in particular in relation to the constitution of the Legislative Assembly, the President may by ORDER do any thing not inconsistent with the provisions of the Constitution or of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty:
Provided that no ORDER under this sub-section shall be made after the expiry of three years FROM the date of constitution of the first Legislative Assembly.
(2) Every ORDER made under sub-section (1) shall be laid before each House of Parliament.
Every rule made by the Lieutenant Governor under this Act shall be laid, as soon as it is made, before the Legislative Assembly.
In section 27A of the Representation of People Act, 1950, for sub- section (3), the following sub-section shall be substituted, namely:-
"(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of National Capital Territory of Delhi Act, 1991."
The Delhi Administration Act, 1966 is hereby repealed.
THE SCHEDULE (See sections 4, 12 and 43)
FORMS OF OATHS OR AFFIRMATIONS
I Form of oath or affirmation to be made by a candidate for election to the Legislative Assembly:-
"I, A. B., HAVING been nominated as a candidate to fill a seat in the Legislative Assembly do/swear in the name of God/solemnly affirm /that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India."
II Form of oath or affirmation to be made by a member of the Legislative Assembly:-
"I, A. B., HAVING been elected a member of the Legislative Assembly do/swear in the name of god/solemnly affirm/that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."
III Form of oath of office for a member of the Council of Ministers:-
"I, A, B., do/swear in the name of God/solemnly affirm/that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister, and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will."
IV Form of oath of secrecy for a member of the Council of Ministers:-
"I, A, B., do/swear in the name of God/ solemnly affirm/that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister except as may be required for the due discharge of my duties as such Minister."
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