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THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI (AMENDMENT) ACT, 2023
NO. 19 OF 2023
[11th August , 2023.]
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:—
1. (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.
2. In the Government of National Capital Territory of Delhi Act, 1991 (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 asLieutenant Governor by the President;Short title andcommencement.
Amendment
of section 2.1 of 1992.MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th August, 2023/ Sravana 20, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
11th August, 2023 and is hereby published for general information:—vlk/kkj.k
EXTRAORDINARY
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PART II — Section 1
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(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 includesa Deputy Minister;'.
3. 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.
4. In the principal Act, after Part IV, the following Part shall be inserted, namely:—
'PART IV - A
P
ROVISIONS RELATING TO THE MAINTENANCE OF THE DEMOCRA TIC AND
ADMINISTRATIVE BALANCE IN THE GOVERNANCE OF NATIONAL CAPITAL
TERRITORY OF DELHI
45A. In this Part, unless the context otherwise requires,—
(a) "All India Services" means any service created under the All India
Services Act, 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 NationalCapital 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;Amendmentof section 41.
Insertion of
new Part IV-A.
Definitions.
61 of 1951.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(i) "Group 'A' officers" means the officers serving in the affairs of the
Government of National Capital Territory of Delhi—
(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 theSeventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of theSeventh 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 and66 of List II of the Seventh Schedule to the Constitution insofar as they relateto 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 ofList II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 ofList 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 HomeDepartment 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. ( 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 theNational Capital Territory of Delhi.
Public Service
Commissionsfor NationalCapitalTerritory ofDelhi.
45C. 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;
(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. 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. (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.Constitution
of NationalCapital CivilServiceAuthority.Power of
CentralGovernment tomake rulesunder this Part.
Power to
appointauthorities,boards,commissionsor statutorybodies.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(5) The head office of the Authority shall be at Delhi.
45F. ( 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. (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.
(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. (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 connectionwith 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 anyother 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 Constitutionalor 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 subjectmatter, 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 anyother 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:Meetings of
Authority.
Appointment
of officers andother staff ofAuthority.
Powers and
functions ofAuthority.
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, theLieutenant Governor may, for reasons to be recorded in writing, return therecommendation 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—
(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. ( 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 theprovisions of this Act or the rules made thereunder or the statutory powers conferredunder 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 thepersonal 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 theDisposal of
matters byMinister.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
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 Delegationof 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 Governorunder any law for the time being in force, the following proposals or matters shall besubmitted to the Lieutenant Governor for his opinion through the Chief Minister andthe 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 authoritiesas 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;
(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 judicialsentence;
(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. (1) The Secretary of the Department concerned shall be responsible for
preparing and authenticating every memorandum including the Cabinet Notes, forconsideration of the Council of Ministers and for obtaining approval of the Ministerin-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 proposalshall be clearly and separately reflected in writing and signed by the Minister and theSecretary in the memorandum so as to ensure that in case of disagreement, the Councilof 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 accordancewith the provisions of any law for the time being in force or any rules of proceduremade under section 44, it shall be the duty of the Secretary to the Council of Ministersto bring it to the notice of the Lieutenant Governor for taking a decision thereon.Duties ofSecretaries.
(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 StateGovernment, the Supreme Court of India or the High Court of Delhi and such otherauthorities as may be determined, the Secretary to the Department concerned shall, assoon as possible, bring it to the notice of the Lieutenant Governor, the Chief Ministerand 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 undersection 44, and when either of them considers that there has been any material departurefrom the same, instead of giving effect to such departure, he shall personally bring it tothe notice of the Minister in-charge, the Chief Minister and the Lieutenant Governorimmediately in writing.
45K. (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 sessionfor a total period of thirty days which may be comprised in one session or in two ormore successive sessions, and if, before the expiry of the session immediately followingthe session or the successive sessions aforesaid, both Houses agree in making anymodification in the rules or both Houses agree that the rules should not be made, therules shall thereafter have effect only in such modified form or be of no effect, as thecase may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.'.
5. (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, makesuch provisions not inconsistent with the provisions of Part IV-A of the principal Act, asinserted by the Government of National Capital Territory of Delhi (Amendment) Act, 2023, asmay 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.
6. (1) The Government of National Capital Territory of Delhi (Amendment)
Ordinance, 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 underthe principal Act as amended by this Act.
————
DR. REETA V ASISHTA,
Secretary to the Govt. of India.Power to
make rules.
Power to
removedifficulties.
Repeal and
savings.
MGIPMRND—285GI(S3)—11-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.Ord. 1 of
2023.8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—S EC. 1]
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