Pre. [Act No. 19 of 2023]

[11th August, 2023]

PREAMBLE

An Act further to amend the Government of National Capital Territory of Delhi Act, 1991.

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

S.1 Short title and commencement

(1) This Act may be called the Government of National Capital Territory of Delhi (Amendment) Act, 2023.

(2) It shall be deemed to have come into force on the 19th day of May, 2023.

S.2 Amendment of Section 2

In the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992) (hereinafter referred to as the principal Act), in Section 2, after clause (e), the following clauses shall be inserted, namely:-

'(ea) "Lieutenant Governor" means the administrator appointed under article 239 of the Constitution for the National Capital Territory of Delhi and designated as Lieutenant Governor by the President;

(eb) "Minister" means a member of the Council of Ministers referred to in clause (4) of article 239AA of the Constitution, by whatever name called and includes a Deputy Minister;'.

S.3 Amendment of Section 41

In Section 41 of the principal Act,-

(A) in the marginal heading, for the words "act in his discretion", the words "act in his sole discretion" shall be substituted;

(B) in Sub-Section (1),-

(a) in the opening paragraph, for the words "act in his discretion", the words "act in his sole discretion" shall be substituted;

(b) in clause (ii), the word "; or" shall be inserted at the end;

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

"(iii) in discharge of his functions under Part IV-A of this Act.";

(C) in Sub-Section (2), for the words "not a matter as respects", the words "not a matter in respect of " shall be substituted.

S.4 Insertion of new Part IV-A

In the principal Act, after Part IV, the following Part shall be inserted, namely:-

'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 th

S.5 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of Part IV-A of the principal Act, as inserted by the Government of National Capital Territory of Delhi (Amendment) Act, 2023, the President may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of Part IV-A of the principal Act, as inserted by the Government of National Capital Territory of Delhi (Amendment) Act, 2023, as may appear to him to be necessary or expedient for the purposes of removing the difficulty:

Provided that no order shall be made under this Section after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this Section shall be laid, as soon as may be after it is made, before each House of Parliament.

S.6 Repeal and savings

(1) The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 (Ord. 1 of 2023) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.