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GOVERNMENT OF NATIONALCAPITALTERRITORY OF DELHI ACT, 1991

Ministry of Law and Justice

Act nº 1 of 1992


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Schedules
  • Amending Acts
  • Act nº 1 of 1992

Preamble

THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991

[Act, No. 1 of 1992]

[2nd January, 1992]

PREAMBLE

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

Section 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 date1as 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.

1. 1.2.1992, vide S.O. 97 (E), dated 31st January, 1992, Gazette of India, Extra., 1992, Pt. II, Sec. 3(ii) (in respect of sections 2, 3, 38, 39, 40 and 53).


Section 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

Section 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.

(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 scats 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.]

1. Substituted vide The Government of Union Territories and the Government of National Capital Territory of Delhi (Amendment) Act, 2005. Previous text was "Provided that where such figures have not been published, then for the purposes of elections for the constitution of the first Legislative Assembly under this Act, the provisional figures of the population of the Capital as published in relation to the 199! census shall be deemed to be the population of the Capital".

2. The Government of Union Territories and The Government of National Capital Territory of Delhi (Amendment) Act, 2006, dated 2nd March, 2006


Section 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.

Section 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.

Section 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 silting in the next session.

(2) The Lieutenant Governor may, from time to time,--(a) prorogue the Assembly; (b) dissolve the Assembly.

Section 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 Depuly Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(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 Depuly 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 he 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 LegislativcAssembly 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.

Section 8. Speaker or Deputy Speaker not to preside 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 ease 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.

Section 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 Lieutcnant 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 despatch consider any matter required by the message to be taken into consideration.

Section 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 hy the Assembly regulating its procedure for the allotment of time for discussion of the matters referred to in such address.

Section 11. Rights of Ministers as respects Legislative Assembly

Every Minister shall have the right to speak in and otherwise to lake part in the proceedings of, the Legisiative 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.

Section 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.