[45H. Powers and functions of Authority.-- (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 connection with 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 any other 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 Constitutional or 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 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 any other 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:
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, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation 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.]