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THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2021

THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2021

THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2021

NO. 15 OF 2021

[28th March, 2021.]

An Act further to amend the Government of National Capital Territory of

Delhi Act, 1991.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:??

Section 1. Short title and commencement.

 

(1)     This Act may be called the Government of National Capital Territory of Delhi (Amendment) Act, 2021.

(2)     It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 21.

In section 21 of the Government of National Capital Territory of Delhi Act, 1991 (hereinafter referred to as the principal Act), after sub-section (2), the following sub-section shall be inserted, namely:?

'(3) The expression "Government" referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.'.

Section 3. Amendment of section 24.

In section 24 of the principal Act, in the second proviso,?

(i)       in clause (c), for the word and figures "section 43.", the words and figures"section 43; or" shall be substituted;

(ii)      after clause (c), the following clause shall be inserted, namely:?

"(d) incidentally covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly.".

Section 4. Amendment of section 33.

In section 33 of the principal Act, in sub-section (1),?

(a)      after the words "conduct of its business", the words "which shall not beinconsistent with the Rules of Procedure and Conduct of Business in House of thePeople" shall be inserted;

(b)      in the proviso, for the words "Provided that", the following shall besubstituted, namely:?

"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".

Section 5. Amendment of section 44.

In section 44 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:?

"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, 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.".

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THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2021

NO. 15 OF 2021

[28th March, 2021.]

An Act further to amend the Government of National Capital Territory of

Delhi Act, 1991.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:??

Section 1. Short title and commencement.

 

(1)     This Act may be called the Government of National Capital Territory of Delhi (Amendment) Act, 2021.

(2)     It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 21.

In section 21 of the Government of National Capital Territory of Delhi Act, 1991 (hereinafter referred to as the principal Act), after sub-section (2), the following sub-section shall be inserted, namely:?

'(3) The expression "Government" referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.'.

Section 3. Amendment of section 24.

In section 24 of the principal Act, in the second proviso,?

(i)       in clause (c), for the word and figures "section 43.", the words and figures"section 43; or" shall be substituted;

(ii)      after clause (c), the following clause shall be inserted, namely:?

"(d) incidentally covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly.".

Section 4. Amendment of section 33.

In section 33 of the principal Act, in sub-section (1),?

(a)      after the words "conduct of its business", the words "which shall not beinconsistent with the Rules of Procedure and Conduct of Business in House of thePeople" shall be inserted;

(b)      in the proviso, for the words "Provided that", the following shall besubstituted, namely:?

"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".

Section 5. Amendment of section 44.

In section 44 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:?

"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, 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.".