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
8
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.
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.
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.
1
[
(3) The expression “Government” referred to in any law to be made by the Legislative Assembly
shall mean the Lieutenant Governor.]
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;
2
[
(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.
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.
1. Ins. by Act 15 of 2021, s. 2 (w.e.f. 27-4-2021).
2. Subs. by Act 38 of 2001, s. 6, for clause
(e) (w.e.f.10-5-2006).
9
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 consider 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 or section 19 or section 34 or
sub-section
(3) of 1[section 43; or]
2
[
(d) incidentally covers any of the matters which falls outside the purview of the powers
conferred on the Legislative Assembly.]
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.
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.
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.
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
1. Subs. by Act 15 of 2021, s. 3, for “section 43” (w.e.f. 27-4-2021).
2. Ins. by s. 3, ibid. (w.e.f. 27-4-2021).
10
(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.
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.
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 the provisions of
this 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 service not contemplated in the annual financial statement for
that year, or
11
(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 and 29 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 of 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.
31. Votes on account.—
(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 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 to the making of any grant under
sub-section
(1) or to any law to be made under that sub-section as they have effect in relation to the
making of a grant with regard to any expenditure mentioned in the annual financial statement 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.
32. Authorisation of expenditure pending its sanction by Legislative Assembly.—
Notwithstanding anything in the foregoing provisions of this Part, the Lieutenant Governor may authorise
such expenditure from the Consolidated Fund of the Capital as he deems necessary for a period of not
more than six months beginning with the date of the constitution of the Consolidated Fund of the Capital,
pending the sanction of such expenditure by the Legislative Assembly.
33. Rules of procedure.—
(1) The Legislative Assembly may make rules for regulating, subject to
the provisions of this Act, its procedure and the conduct of its business 1[which shall not be inconsistent
with Rules of Procedure and Conduct of Business in House of the People]:
2
[
Provided that the Legislative Assembly shall not make any rule to enable itself or its committees to
consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the
administrative decisions, and any of the rule made in contravention of this proviso, before the
commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall
be void:
Provided further that] the Lieutenant Governor shall, after consultation with the Speaker of the
Legislative Assembly and with the approval of the President, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in
relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated
Fund of the Capital;
1. Ins. by Act 15 of 2021, s. 4 (w.e.f. 27-4-2021).
2. Subs. by s. 4, ibid., for “Provided that” (w.e.f. 27-4-2021).
12
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the
discharge of the functions of the Lieutenant Governor in so far as he is required by or under this Act
or any law to act in his discretion.
(2) Until rules are made under sub-section
(1), the rules of procedure and standing orders with
respect to the Legislative Assembly of the State of Uttar Pradesh in force immediately before the
commencement of this Act shall have effect in relation to the Legislative Assembly subject to such
modifications and adaptations as may be made therein by the Lieutenant Governor.
34. Official language or languages of the Capital and languages or languages to be used in
Legislative Assembly.—
(1) The Legislative Assembly may by law adopt any one or more of the
languages in use in the Capital or Hindi as the official language or languages to be used for all or any of
the official purposes of the Capital:
Provided that the President may by order direct—
(i) that the official language of the Union shall be adopted for such of the official purposes of the
Capital as may be specified in the order;
(ii) 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:
Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be,
may permit any member who cannot adequately express himself in any of the languages aforesaid to
address the Assembly in his mother-tongue.
35. Language to be used for Bills, Acts, etc.—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 in the Legislative Assembly;
(b) of all Acts passed by the Legislative Assembly; and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative
Assembly,
shall be in the English language:
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 bye-law issued under any law made by the Legislative Assembly, a translation of the same
in the English language published under the authority, of the Lieutenant Governor in the Official Gazette
shall be deemed to be the authoritative text thereof in the English language.
36. Restriction on discussion in the Legislative Assembly.—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.
37. Courts not to inquire into proceedings of Legislative Assembly.—
(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
13
Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those
powers.
PART III
DELIMITATION OF CONSTITUENCIES
38. Election Commission to delimit constituencies.—
(1) The Election Commission shall, in the
manner herein provided, distribute the seats assigned to the Legislative Assembly under section 3 to
single-member territorial constituencies and delimit them having regard to the following provisions,
namely:—
(a) all constituencies shall, as far as practicable, be delimited in such manner that the ratio
between the population of each of such constituencies and the total population of the Capital is the
same; and
(b) constituencies in which seats are reserved for the Scheduled Castes shall, as far as
practicable, be located in areas where the proportion of their population to the total population is
comparatively large.
(2) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies in the Official Gazette and also in
such other manner as the Commission may 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;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after considering all objections and suggestions which may have been received by it before
the date so specified, determine 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 called in question in any court.
39. Power of Election Commission to maintain delimitation orders up-to-date.—The Election
Commission may, from time to time, by notification in the Official Gazette,—
(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. Elections to the Legislative Assembly.—
(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 all the said assembly constituencies to elect members in
accordance with the provisions of the Representation of the People Act, 1951 (43 of 1951), and of the
rules and orders made or issued thereunder as applicable under sub-section
(3).
(3) The Representation of the People Act, 1950 (43 of 1950), the Representation of the People
Act, 1951 (43 of 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 modifications
for construing references therein to a State, State Government and Governor as including references to
14
the Capital, Government of the Capital and Lieutenant Governor, respectively) to, and in relation to, the
general election referred to in sub-section
(1).
PART IV
CERTAIN PROVISIONS RELATING TO LIEUTENANT GOVERNOR AND MINISTERS
41. Matters in which Lieutenant Governor to 1[act in his sole discretion].—
(1) The Lieutenant
Governor shall 2[act in his sole 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 are entrusted or delegated to him by the President; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial
or quasi-judicial functions 3[; or].
3
[(iii) in discharge of his functions under Part IV-A of this Act.]
(2) If any question arises as to whether any matter is or is 4[not a matter in respect of] which the
Lieutenant Governor is by or under any 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 the Lieutenant Governor thereon shall be final.
42. Advice by Ministers.—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. Other provisions as to Ministers.—
(1) Before a Minister enters upon his office, the Lieutenant
Governor 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.
(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, shall be determined by the
Lieutenant Governor with the approval of the President.
44. Conduct of business.—
(1) The President shall make rules—
(a) for the allocation of business to the Ministers in so far as it is business with respect to which
the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and
(b) for the more convenient transaction of business with the Ministers, including the procedure to
be adopted in the case of a difference of opinion between the Lieutenant Governor and the 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.
5
[
Provided that before taking any executive action in pursuance of the decision of the Council of
Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government,
1. Subs. by Act 19 of 2023, s. 3, in the marginal heading, for the words “act in his discretion” (w.e.f. 19-5-2023).
2. Subs. by s. 3, ibid., for “act in his discretion” (w.e.f. 19-5-2023).
3. Ins. by s. 3, ibid. (w.e.f. 19-5-2023).
4. Subs. s. 3, ibid, for “not a matter as respects” (w.e.f. 19-5-2023).
5. Ins. by Act 15 of 2021, s. 5 (w.e.f. 27-4-2021).
15
Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force
in the Capital, the opinion of Lieutenant Governor in term of proviso to clause
(4) of article 239AA of the
Constitution shall be obtained on all such matters as may be specified, by a general or special order, by
Lieutenant Governor.]
(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. Duties of Chief Minister as respects the furnishing of information to the Lieutenant
Governor, etc.—It shall be the duty of the Chief Minister—
(a) to communicate to the Lieutenant Governor all decisions of 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
(c) 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.
1
[PART IV – A
PROVISIONS RELATING TO THE MAINTENANCE OF THE DEMOCRATIC AND ADMINISTRATIVE BALANCE IN
THE GOVERNANCE OF NATIONAL CAPITAL TERRITORY OF DELHI
45A. Definitions.— In this Part, unless the context otherwise requires,—
(a) “All India Services” means any service created under the All India Services Act, 1951 (61
of 1951), except the Indian Police Service;
(b) “Authority” means the National Capital Civil Service Authority constituted under
sub-section
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