(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 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 any law for the time being in force, in and for the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President.
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.
Power of Central Government to make rules under this Part.
Public Service Commissions for National Capital Territory of Delhi.
Constitution of authorities, boards, commissions or statutory bodies.
Constitution of National Capital Civil Service Authority.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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.
(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.
(5) The head office of the Authority shall be at Delhi.
45F. (1) The National Capital Civil Service 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 law for the time being in force, the National Capital Civil Service Authority shall have the responsibility to recommend the transfers and postings of all the 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- State List of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II- State List of the Seventh Schedule to the Constitution in so far as they relate to the entries 1, 2, and 18, or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor:
Provided that Authoritymay, if it deems appropriate, by way of a recommendation, delegate the responsibility to any other authority or department of the Government of National Capital Territory of Delhi.
(2) The National Capital Civil Service 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 disciplinary proceedings and prosecution sanctions 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, Meetings of National Capital Civil Service Authority.
Appointment of officers and other staff of National Capital Civil Service Authority.
Powers and functions of National Capital Civil Service Authority.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 either fully or in part, connected with Entries 1, 2, and 18 of List II-State List of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II-State List of the Seventh Schedule to the Constitution in so far as they relate to the 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 generality of the provisions contained in sub-section (1), the National Capital Civil Service Authority shall—
(a) make recommendations for—
(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 insofaras 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 Authority shall furnish to the Central Government and the Government of the National Capital Territory of Delhi an annual report containing such details of the steps taken, proposals made and other measures undertaken by it in pursuance of its functions, in such form and manner as may be prescribed.
Annual report.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The Central Government shall cause the annual report furnished under sub-section (1) to be laid, as soon as may be after it is received, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions.
(3) The Government of National Capital Territory of Delhi shall cause the annual report furnished under sub-section (1) to be laid, as soon as may be after it is received, before the Legislative Assembly of National Capital Territory of Delhi within a total period of thirty days while it is in session, or in its forthcoming session.
45J. (1) The Minister in-charge may, by means of standing orders, give such directions as deems thinks 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 the provisions of this Act or Rules made thereunder or the statutory powers conferred under 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 the personal 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 the provisions of this Act or Rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of 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 Governor under any law for the time being in force, the following proposals or matters shall be submitted to the Lieutenant Governor and the Chief Minister through the Chief Secretary for their opinion, 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 authorities as may be determined;
(iv) proposals or matters required to be referred to the Central Government under this Act;
(v) matters pertaining to the Secretariat of the Lieutenant Governor and personnel establishment and other matters relating to his office;
(vi) matters on which Lieutenant Governor is required to make an order under any law or instrument in force in his sole discretion;
(vii) matters specified under general or special order issued by the Lieutenant Governor under proviso to sub-section (2) of section 44;
Disposal of matters by Minister.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(viii) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence;
(ix) 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
(x) any other matter of administrative importance which the President of India or the Chief Minister may consider necessary.
45K. (1) The Secretary of the Department concerned shall be responsible for preparing and authenticating every memorandum including the Cabinet Notes, for consideration of the Council of Ministers and for obtaining approval of the Minister in-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 proposal shall be clearly and separately reflected in writing and signed by the Minister and the Secretary in the memorandum so as to ensure that in case of disagreement, the Council of 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 accordance with the provisions of the law for the time being in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of Lieutenant Governor for taking a decision thereon.
(4) Any matter which is likely to bring the Government of the National Capital Territory of Delhi into controversy with the Central Government or with any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be prescribed, the Secretary to the Department concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, Chief Minister and 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 framed under section 44, and when either of them considers that there has been any material departure from the same, instead of giving effect to such departure, he or they shall personally bring it to the notice of the Minister-in-charge, Chief Minister and the Lieutenant Governor immediately in writing.
45L. (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 Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
45M. (1) If any difficulty arises in giving effect to the provisions of this Part, the President may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Part as may appear to him to be necessary or expedient for the purposes of removing the difficulty:
Duties of Secretaries.
Power to remove difficulties.
Power to make rules.
Provided that no order shall be made under this section after the expiry of two years from the 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.’.
DROUPADI MURMU, President.
———— DR. REETA VASISHTA, Secretary to the Govt. of India.
MGIPMRND—38GI(S3)—19-05-2023.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1] 2023-05-19T21:55:08+0530 Kshitiz Mohan