Government of National Capital Territory of Delhi (Amendment) Act, 2021 receives President’s assent

On March 28, 2021, the Government of National Capital Territory of Delhi (Amendment) Act, 2021 received President’s assent in order to amend the Government of National Capital Territory of Delhi Act, 1991.

The Amendment Act modifies the following:

  • In section 21 of the principal Act, the expression “Government” has been defined. The expression “Government” referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.
  • In section 33 of the principal Act, in sub-section (1),—

(a) after the words “conduct of its business”, the words “which shall not be inconsistent with the Rules of Procedure and Conduct of Business in House of the People” shall be inserted;

(b) in the proviso, for the words “Provided that”, the following shall be substituted, namely:—

“Provided that the Legislative Assembly shall not make any rule to enable itself or its Committees to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions, and any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void: 

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

“Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.”.

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