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
(1) of section 45E;
(c) “Chairperson” means the Chairperson of the Authority appointed under clause
(a) of
sub-section
(2) of section 45E;
(d) “Chief Secretary” means the Chief Secretary of the Government of National Capital
Territory of Delhi appointed by the Central Government;
(e) “Council” means the Council of Ministers referred to in clause
(4) of article 239AA of the
Constitution;
(f) “DANICS” means the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and
Dadra and Nagar Haveli (Civil) Services;
(g) “Delhi Subordinate Services Selection Board” means the Delhi Subordinate Services
Selection Board constituted by the Government of National Capital Territory of Delhi through its
Resolution No. F-3
(7)/93-S.III, dated 4th October, 1996 read with Resolution F.
3
(24)/DSSSB/2008-S.III/1764, dated 12th May, 2008;
(h) “Department” means a Department or office specified in the Schedule to the Business of
Delhi (Allocation) Rules, 1993;
(i) “Group ‘A’ officers” means the officers serving in the affairs of the Government of
National Capital Territory of Delhi—
1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023).
16
(a) belonging to All India Services, except the officers of the Indian Police Service;
(b) who are classified as Group ‘A’ officers, under rule 4 of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965,
but shall not include the officers who are serving in connection with any subject matter, whether fully
or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution,
and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate
to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto;
(j) “Group ‘B’ officials” means the Group ‘B’ officials, as such classified under rule 4 of the
Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the
officials who are serving in connection with any subject matter, whether fully or in part connected
with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65
and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2
and 18 or any other subject matter which is connected therewith or incidental thereto;
(k) “Group ‘C’ officials” means Group ‘C’ officials as such classified under rule 4 of the
Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the
officials who are serving in connection with any subject matter, whether fully or in part connected
with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65
and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2
and 18 or any other subject matter which is connected therewith or incidental thereto;
(l) “National Capital Territory of Delhi” means the Union territory of Delhi as defined in
clause
(1) of article 239AA of the Constitution;
(m) “Member” means a member of the Authority and includes the Chairperson;
(n) “Principal Home Secretary” means the Additional Chief Secretary or Principal Secretary
or Secretary, as the case may be, who is Head of the Home Department of the Government of
National Capital Territory of Delhi; and
(o) “Secretary” means the Additional Chief Secretary or Principal Secretary or Secretary, as
the case may be, who is Head of the concerned Department of the Government of National
Capital Territory of Delhi.
45B. Public Service Commissions for National Capital Territory of Delhi.—
(1) The Union Public
Service Commission shall be the Public Service Commission for Group ‘A’ and Group ‘B’ gazetted posts
in the National Capital Territory of Delhi.
(2) The Delhi Subordinate Services Selection Board shall be the recruitment agency for appointment
to the Group ‘B’ non-gazetted posts and Group ‘C’ posts in the National Capital Territory of Delhi.
45C. Power of Central Government to make rules under this Part.— The Central Government
may make rules to provide for any one or more of the following matters, in connection with the affairs of
the Government of National Capital Territory of Delhi under this Part, namely:—
(a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of
absence and other conditions of service of officers and other employees appointed or posted;
(b) the powers, duties and functions of officers and other employees appointed or posted;
(c) the qualifications of candidates for appointment to the posts and the manner of selection for
the appointments;
(d) transfer or posting of the officers and other employees posted;
17
(e) the procedure to be followed in imposing any penalty, suspension pending departmental
inquiries before the imposition of such penalty and the authority by whom such suspension or penalty
may be ordered; and the officer or authority to whom an appeal or revision shall lie;
(f) any other matter which is incidental to or necessary for the purpose of regulating the
appointment and conditions of service of persons appointed to services and posts; and
(g) any other matter for which, in the opinion of the Central Government, provisions are to be
made by rules.
45D. Power to appoint authorities, boards, commissions or statutory bodies.—Notwithstanding
anything contained in any other law for the time being in force, any authority, board, commission or any
statutory body, by whatever name it may be called, or any office bearer or member thereof, constituted or
appointed by or under—
(a) any law made by the Parliament for the time being in force, applicable to the National Capital
Territory of Delhi, shall be constituted or appointed or nominated by the President; and
(b) any law made by the Legislative Assembly of National Capital Territory of Delhi for the time
being in force, the Authority shall recommend a panel of suitable persons for constitution or
appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section
45H.
45E. Constitution of National Capital Civil Service Authority.—
(1) There shall be an Authority to
be known as the National Capital Civil Service Authority to exercise the powers conferred on, and
discharge the functions assigned to it under this Part.
(2) The Authority, referred to in sub-section
(1), shall consist of the following Members, namely:—
(a) the Chief Minister of Government of National Capital Territory of Delhi, who shall be the
Chairperson of the Authority, ex officio;
(b) the Chief Secretary of Government of National Capital Territory of Delhi, Member, ex officio;
and
(c) the Principal Home Secretary, Government of National Capital Territory of Delhi, who shall
be the Member-Secretary to the Authority, ex officio.
(3) All matters required to be decided by the Authority shall be decided by majority of votes of the
Members present and voting.
(4) All recommendations of the Authority shall be authenticated by the Member-Secretary.
(5) The head office of the Authority shall be at Delhi.
45F. Meetings of Authority. —
(1) The Authority shall meet at such time and place as the Member-
Secretary may decide with approval of the Chairperson of the Authority, as and when so required.
(2) The Chairperson of the Authority shall preside over the meetings of the Authority.
(3) The quorum for the meeting of the Authority shall be of two Members.
45G. Appointment of officers and other staff of Authority.—
(1) The Central Government, in
consultation with the Authority, shall determine the nature and the categories of officers and other
employees required to assist the Authority in the discharge of its functions and provide the Authority with
such officers and employees, as it may deem fit.
(2) The officers and other employees of the Authority shall discharge their duties and functions under
the general superintendence and control of the Authority.
18
(3) The salaries, allowances and conditions of service of the officers and other employees appointed
under sub-section
(1) shall be by rules made by the Central Government.
45H. Powers and functions of Authority.—
(1) Notwithstanding anything contained in any other
law for the time being in force, the Authority shall have the responsibility to recommend the transfers and
postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of
National Capital Territory of Delhi but not officers serving in connection with any subject matter, either
fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution;
and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to
Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the
Lieutenant Governor:
Provided that Authority may, if it deems appropriate, by way of a recommendation, delegate the
responsibility to any other authority of the Government of National Capital Territory of Delhi.
(2) The Authority shall have the responsibility to recommend for all matters connected with and
falling under the subject of vigilance and non-vigilance matters for the purpose of initiation of
disciplinary proceedings and recommend for grant of prosecution sanctions to the Competent Authorities
under the relevant Constitutional or statutory provisions against all the Group ‘A’ officers, including the
officers of the All India Services and DANICS, serving in the affairs of the Government of National
Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in
part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries
64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2
and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant
Governor:
Provided that the Authority may, if it deems appropriate, by way of a recommendation, delegate the
responsibility in respect to such officers serving in the affairs of the Government of National Capital
Territory of Delhi to an officer of All India Services.
(3) The Lieutenant Governor, after the receipt of such recommendation under sub-section
(1) or
sub-section
(2) of this section, may pass appropriate orders giving effect to the recommendation made:
Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation,
may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India
Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi:
Provided further that in case the Lieutenant Governor differs with the recommendation made, whether
based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be
recorded in writing, return the recommendation to the Authority for reconsideration by the Authority:
Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be
final.
(4) Without prejudice to the generality of the provisions contained in sub-section
(1), the Authority
shall—
(a) make recommendations to the Lieutenant Governor for framing policies on—
(i) stability of tenure of posting of officers and other employees;
(ii) rotational transfers and postings from sensitive to non-sensitive posts and vice-versa;
(iii) determining suitability of officer for posting as Head of the Department;
(iv) transfers and postings of all officers and other employees serving in the affairs of the
Government of National Capital Territory of Delhi;
(b) make policy insofar as it relates to—
19
(i) the capacity building of the officers and other employees serving in the affairs of the
Government of National Capital Territory of Delhi;
(ii) ensuring effectiveness in public services delivery in the Government of National Capital
Territory of Delhi;
(iii) ensuring good governance and e-governance in public administration in the Government
of National Capital Territory of Delhi;
(iv) ensuring greater transparency in the administration of the Government of National
Capital Territory of Delhi;
(v) ensuring the presence of a citizen centric administration in the Government of National
Capital Territory of Delhi; and
(vi) any other matter connected therewith or incidental thereto.
45-I. Disposal of matters by Minister. —
(1) The Minister in-charge may, by means of standing
orders, give such directions as he deems fit for the disposal of proposals or matters in his Department:
Provided that no such standing order shall be issued in contravention of the provisions of the
Constitution or any other law for the time being in force including the provisions of this Act or the rules
made thereunder or the statutory powers conferred under any law upon the officials, and financial powers
delegated under the Delegation of the Financial Powers Rules, 1978.
(2) The Minister, in consultation with the Secretary concerned, may issue standing orders, concerning
the matters or classes of matters which are to be brought to the personal notice of the Minister:
Provided that no such standing order shall be issued in contravention of the provisions of the
Constitution or any other law for the time being in force including the provision of this Act or the rules
made thereunder or the statutory powers conferred under any law upon the officials, and financial powers
delegated under the Delegation of the Financial Powers Rules, 1978.
(3) The copies of directions and standing orders shall be forwarded to the Lieutenant Governor and
the Chief Minister.
(4) Notwithstanding anything contained in sub-sections
(1) and
(2), in addition to the proposals or
matters required to be placed before the Lieutenant Governor under any law for the time being in force,
the following proposals or matters shall be submitted to the Lieutenant Governor for his opinion through
the Chief Minister and the Chief Secretary, before issuing any orders thereon, namely:—
(i) matters which affect or are likely to affect the peace and tranquility of the National Capital
Territory of Delhi;
(ii) matters which affect or are likely to affect the interest of any particular community, the
Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes or any
other class of persons;
(iii) matters which affect the relations of the Government of National Capital Territory of Delhi
with the Central Government, or any State Government, the Supreme Court of India or the High
Court of Delhi and such other authorities as may be determined;
(iv) matters pertaining to the Secretariat of the Lieutenant Governor and personnel establishment
and other matters relating to his office;
(v) matters on which the Lieutenant Governor is required to make an order under any law or
instrument in force in his sole discretion;
(vi) matters specified under general or special order issued by the Lieutenant Governor under
proviso to sub-section
(2) of section 44;
20
(vii) petitions for mercy from persons under sentence for death and other important cases in
which it is proposed to recommend any revision of a judicial sentence;
(viii) matters relating to summoning, prorogation and dissolution of the Legislative Assembly,
removal of disqualification of voters at elections to the Legislative Assembly, Local Self Government
Institutions and other matters connected therewith; and
(ix) any other matter of administrative importance which the Chief Minister may consider
necessary.
45J. Duties of Secretaries.—
(1) The Secretary of the Department concerned shall be responsible for
preparing and authenticating every memorandum including the Cabinet Notes, for consideration of the
Council of Ministers and for obtaining approval of the Minister in-charge and the Chief Minister.
(2) In case of proposals involving more than one Department, the views of all concerned Secretaries
and the Ministers of all Departments consulted on the proposal shall be clearly and separately reflected in
writing and signed by the Minister and the Secretary in the memorandum so as to ensure that in case of
disagreement, the Council of Ministers shall take a decision.
(3) In case the Secretary to the Council of Ministers is of the opinion that the proposal considered and
decided by the Council of Ministers is not in accordance with the provisions of any law for the time being
in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the
Council of Ministers to bring it to the notice of the Lieutenant Governor for taking a decision thereon.
(4) Any matter which is likely to bring the Government of National Capital Territory of Delhi into
controversy with the Central Government or with any State Government, the Supreme Court of India or
the High Court of Delhi and such other authorities as may be determined, the Secretary to the Department
concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, the Chief Minister
and the Chief Secretary in writing.
(5) The Chief Secretary and the Secretary to the Department concerned shall be responsible for
compliance with the provisions of this Act and the rules made under section 44, and when either of them
considers that there has been any material departure from the same, instead of giving effect to such
departure, he shall personally bring it to the notice of the Minister in-charge, the Chief Minister and the
Lieutenant Governor immediately in writing.
45K. Power to make rules.—
(1) The Central Government may, by notification published in the
Official Gazette, make rules for carrying out the provisions of this Part.
(2) Every rule made by the Central Government under this Part shall be laid, as soon as may be after
it is made, before each House of Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rules or both Houses agree that the rules should not be made, the rules
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
PART V
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
46. Consolidated Fund of the Capital.—
(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
21
Legislative Assembly has power to make laws, and all grants made and 1[all loans advanced to the Capital
from the Consolidated Fund of India and all loans raised by the Government of India or by the
Lieutenant Governor upon the security of the Consolidated Fund of the Capital] and all moneys received
by the Capital 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.
2
[46A. Public Account of the Capital and moneys credited to it.—
(1) As from such date as the
Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public
moneys received by or on behalf of the Lieutenant Governor shall be credited to a public account entitled
“the Public Account of the Capital”.
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Capital
or the Contingency Fund of the National Capital Territory of Delhi, received by or on behalf of the
Lieutenant Governor, their payment into the Public Account of the Capital and the withdrawal of moneys
from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated
by rules made by the Lieutenant Governor with the approval of the President.]
47. Contingency Fund of the Capital.—
(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.
3
[47A. Borrowing upon the security of the Consolidated Fund of the Capital.—
(1) The executive
power of the Union extends to borrowing upon the security of the Consolidated Fund of the Capital,
within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of
guarantee within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be
exercisable by the Lieutenant Governor subject to such conditions, if any, as the Government of India
may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated
Fund of the Capital.
47B. Form of accounts of the Capital.—The accounts of the Capital shall be kept in such form as
the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India and
with the approval of the President, prescribe by rules.]
1. Subs. by Act 38 of 2001, s. 7, for “all loans advanced to the Capital from the Consolidated Fund of India” (w.e.f. 10-5-2006).
2. Ins. by, s. 8, ibid. (w.e.f. 10-5-2006).
3. Ins. by s. 9, ibid. (w.e.f. 10-5-2006).
22
48. Audit reports.—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.
49. Relation of Lieutenant Governor and his Ministers to President.—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.
50. Period of order made under article 239AB and approval thereof by Parliament.—
(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 claus
