THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991 
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ARRANGEMENT OF SECTIONS 
Last Update: 02-12-2022 
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PART I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

PART II 

LEGISLATIVE ASSEMBLY 

3.  Legislative Assembly and its composition. 
4.  Qualifications for membership of Legislative Assembly. 
5.  Duration of Legislative Assembly. 
6.  Sessions of Legislative Assembly, prorogation and dissolution. 
7.  Speaker and Deputy Speaker of Legislative Assembly. 
8.  Speaker or Deputy Speaker not to provide while a resolution for his removal from office is under 

consideration. 

9.  Right of Lieutenant Governor to address and send messages to Legislative Assembly. 
10.  Special address by the Lieutenant Governor. 
11.  Rights of Ministers as respects Legislative Assembly. 
12.  Oath or affirmation by members. 
13.  Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum. 
14.  Vacation of seats. 
15.  Disqualifications for membership. 
16.  Disqualification on ground of defection. 
17.  Penalty for sitting and voting before making oath or affirmation or when not qualified or when 

disqualified. 

18.  Powers, privileges, etc., of members. 
19.  Salaries and allowances of members. 
20.  Exemption of property of the Union form taxation. 
21.  Restrictions on laws passed by Legislative Assembly with respect to certain matters. 
22.  Special provisions as to financial Bills. 
23.  Procedure as to lapsing of Bills. 
24.  Assent to Bills. 
25.  Bills reserved for consideration. 
26.  Requirements as to sanction, etc. 
27.  Annual financial statement. 
28.  Procedure in Legislative Assembly with respect to estimates. 
29.  Appropriation Bills. 
30.  Supplementary, additional or excess grants. 
31.  Votes on account. 
32.  Authorisation of expenditure pending its sanction by Legislative Assembly. 
33.  Rules of procedure. 

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SECTIONS 

34.  Official language or languages of the Capital and language or languages to be used in Legislative 

Assembly. 

35.  Language to be used for Bills, Acts, etc. 
36.  Restriction on discussion in the Legislative Assembly. 
37.  Courts not to inquire into proceedings of Legislative Assembly. 

PART III 

DELIMITATION OF CONSTITUENCIES 

38.  Election Commission to delimit constituencies. 
39.  Power of Election Commission to maintain delimitation orders up-to-date. 
40.  Elections to the Legislative Assembly. 

PART IV 

CERTAIN PROVISIONS RELATING TO LIEUTENANT GOVERNOR AND MINISTERS 

41.  Matters in which Lieutenant Governor to act in his discretion. 
42.  Advice by Ministers. 
43.  Other provisions as to Ministers. 
44.  Conduct of business. 
45.  Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc. 

PART V 

MISCELLANEOUS AND TRANSITIONAL PROVISIONS 

46.  Consolidated Fund of the Capital. 
46A. Public Account of the Capital and moneys credited to it. 
47.  Contingency Fund of the Capital. 
47A. Borrowing upon the security of the Consolidated Fund of the Capital. 
47B. Form of accounts of the Capital. 
48.  Audit reports. 
49.  Relation of Lieutenant Governor and his Ministers to President. 
50.  Period of order made under article 239AB and approval thereof by Parliament. 
51.  Authorisation of expenditure by President. 
52.  Contracts and suits. 
53.  Power of President to remove difficulties. 
54.  Laying of rules before Legislative Assembly. 
55.  [Repealed.] 
56.  Repeal of Act 19 of 1966. 

THE SCHEDULE. 

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THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991 

 ACT NO. 1 OF 1992 

[2nd January, 1992.] 

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:— 

PART I 

PRELIMINARY 

1.  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  date1  as  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. 

2. 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. 

PART II 

LEGISLATIVE ASSEMBLY 

 3. 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.  

1. 1st  February,  1992  (ss. 2,  3,  38, 39, 40  and 53),  vide notification  No.  S.O. 97(E), dated  31st  January,  1992,  See  Gazette  of  

India, Extraordinary, Part II, sec. 3(ii).  

   2nd October, 1993 [ss. 4 to 37 (both inclusive), 43 to 45 (both inclusive), 49 to 52 (both inclusive), 54 and 55], vide notification 

No. S.O. 735(E), dated 30th September, 1993, See Gazette of India, Extraordinary, Part II, sec. 3(ii). 

  25th November, 1993 (ss 46, 47 and 48), vide notification No. S.O. 894(E), dated 25th November, 1993, see Gazette of India, 

Extraordinary, Part II, sec. 3(ii). 

  29th November, 1993 (s. 56), vide notification No. S.O. 910(E), dated 29th November, 1993, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 

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(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: 

1[Provided  that  the reference  in this  Explanation  to  the  last  preceding  census  of which the relevant 
figures have been published shall, until the relevant figures for the first census taken after the year 2026 
have been published, be construed as a reference to the 2001 census:] 

2[Provided further that any readjustment in the division of the Capital into territorial constituencies by 
the Delimitation Commission under the Delimitation Act, 2002 (33 of 2002) on the basis of 2001 census 
shall  take  effect  from  such  date  as  the  Central  Government  may,  by  order,  published  in  the  Official 
Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be 
held on the basis of the territorial constituencies existing before such readjustment.] 

4.  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. 
5. 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.  

6. 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. 

 7.  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  become  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 

1. Subs. by Act 19 of 2005, s. 5, for the proviso (w.e.f. 21-5-2005). 
2. Ins. by Act 5 of 2006, s. 3 (w.e.f. 20-3-2006). 

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(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. 

8. Speaker or Deputy Speaker not to provide 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 
every such sitting as they apply in relation to a sitting 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. 

9. Right  of  Lieutenant  Governor 

to  address  and 

send  messages 

to  Legislative                      

Assembly.—(1) 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 dispatch consider any matter required by the message to be taken into consideration.  

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. 

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.  

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.  

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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.  

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,                            
1951 (43 of 1951)  and 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  or  section  16  for 

membership of the Assembly, or 

(b)   resigns  his  seat  by  writing  under  his  hand  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. 

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. 

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(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. 

16. Disqualification  on  ground  of  defection.—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 and section 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. 

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. 

18.  Powers, privileges, etc., of members.—(1)   Subject to the provisions of this Act and 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.  

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. 

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 

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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. 

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,— 

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). 

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(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 

(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; 

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). 

9 

 
                                                           
(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 

(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. 

10 

 
 
 
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 

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. 

its 

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; 

(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 

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). 

11 

 
                                                           
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 
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:— 

12 

 
(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 
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  act  in  his  discretion.—(1)   The  Lieutenant 

Governor shall act in his 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 

13 

 
(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. 
(2)   If  any  question  arises  as  to  whether  any  matter  is  or  is  not  a  matter  as  respects  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. 

1[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.] 

(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. Ins. by Act 15 of 2021, s. 5 (w.e.f. 27-4-2021). 

14 

 
 
                                                           
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 
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. 

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 Act 38 of 2001, s. 8 (w.e.f. 10-5-2006). 
3. Ins. by s. 9, ibid. (w.e.f. 10-5-2006). 

15 

 
                                                           
(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.] 

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 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. 

51. Authorisation  of  expenditure  by President.—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. 

52. Contracts and suits.—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.  

53. Power  of President  to  remove  difficulties.—(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 anything 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 the 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. 

54.  Laying  of  Rules  before  Legislative  Assembly.—Every  rule  made  by  the Lieutenant  Governor 

under this Act shall be laid, as soon as it is made, before the Legislative Assembly. 

55.  [Amendment  of  section  27A  of  Act  43  of  1950.]—Rep.  by  the  Repealing  and  Amending  Act, 

2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

56.  Repeal of Act 19 of 1966.—The Delhi Administration Act, 1966 is hereby repealed.  

16 

 
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 seat in the Legislative Assembly            

do  swear in the name of God
as by law established and that I will uphold the sovereignty and integrity of India.”  

 that I will bear true faith and allegiance to the Constitution of India 

solemnly affirm

 Form of oath or affirmation to be made by a member of the Legislative Assembly:— 

II 

  “I,  A.  B.,  having  been  elected  a  member  of 
swear in the name of God
solemnly affirm

do 

 that I will bear true faith and allegiance to the Constitution of India as 

the  Legislative  Assembly            

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.”  

 Form of oath of office for a member of the Council of Ministers:— 

III 

swear in the name of God
solemnly affirm 

 “I,  A.  B.,     do

  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”. 

 Form of oath of secrecy for a member of the Council of Ministers:— 

IV 

swear in the name of God
solemnly affirm

 “I,  A.  B.,   do

 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”.  

17 

 
