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Section 19

Transaction of Business of the Govt of NCT of Delhi Rules 1993Central Rules · 1992

(1) A Secretary may call for and see the papers in any Department, other than the Finance Department or Appointments Department, if such papers are required for the disposal of any proposal or matter in his Department.

(2) A requisition made under sub-rule(1) shall be dealt with under the general or special order of the Minister-in-charge.

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(3) (a). Minister may call for papers from any Department for his information:

Provided that if the paper is of a secret nature, it shall be forwarded to the Minister only after obtaining the necessary orders from the Minister-in-charge of the Department to which it belongs:

Provided further that no paper under disposal shall be forwarded to any Minister until it has been seen by the Minister-incharge of the Department to which it belongs.

(b) If the Minister is of the opinion that any further action should be taken on the papers called for by him from any Department he shall communicate his views to the Minister-in-charge of the Department concerned and in case of disagreement, may submit the case to the Chief Minister with a request that the matter be laid before the Council. No further note shall be recorded in the case before the papers are so laid before the Council.

(4) (a) The Chief Secretary may, on the orders of the Chief Minister or any Minister or of his own motion, call for and see the papers relating to any proposal or matter in any department and such requisition by him shall be complied with by the Secretary to the Department concerned.

(b) The Chief Secretary may, after examination of the proposal or matter submit it for the orders of the Minister-in-charge, or of the Chief Minister through the Minister-in-charge.

(5) The Lieutenant Governor may call for papers relating to any proposal or matter in any Department and such requisition shall be complied with by the Secretary to the Department concerned, he shall simultaneously inform the Minister-in-charge of the department of the action taken by him.

20. If at any stage it becomes difficult to determine to which department the proposal or matter belongs, the subject matter shall be referred for the decision of the Chief Secretary, who will, if deemed necessary , obtain the order of the Chief Minister.

21. All communications, received from the Central Government (including those from the Prime Minister and other Ministers of the 10 Central Government, other than those of a routine or unimportant character, shall, as soon as possible after their receipt, be submitted by the Secretary, to the Minister-in-charge, the Chief Minister and Lieutenant Governor for information.

22. Any matter which is likely to bring the Government of the Capital into controversy with the Central Government or with any State Government, shall, as soon as possible, be brought to the notice of the Lieutenant Governor and the Chief Minister.

23. The following classes of proposals or matters shall essentially be submitted to the Lieutenant Governor through the Chief Secretary and the Chief Minister before issuing any orders thereon, namely:

(i) matters which affect or are likely to affect the peace and tranquility of the capital;

(ii) matters which affect or are likely to affect the interest of any minority community, Scheduled Castes and backward classes;

(iii) matters which affect the relations of the Government with any State Government , the Supreme Court of India or the High Court of Delhi;

(iv) proposals or matters required to be referred to the Central Government under the Act or under Chapter V;

(v) matters pertaining to the Lieutenant Governor's Secretariat and personnel establishment and other matters relating to his office;

(va) matters on which Lieutenant Governor is required to make order under any law or instrument in force;

(vi) 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;

(vii) 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 with those; and

(viii) any other proposals or matters of administrative importance which the Chief Minister may consider necessary.

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24. Where the Lieutenant Governor is of the opinion that any further action should be taken or that action should be taken otherwise than in accordance with the orders passed by the Ministerin-charge , he may require the proposal or matter to be placed before the Council for consideration;

Provided that the notes, minutes or comments of the Lieutenant Governor in any such case shall not be brought on the Secretariat record unless the Lieutenant Governor so directs.

25. The Chief Minister shall:

(a) cause to be furnished to the Lieutenant Governor such information relating to the administration of the Capital and proposals for legislation as the Lieutenant Governor may call for; and

(b) if the Lieutenant Governor so requires, submit for the consideration of the Council any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

B.FINANCE DEPARTMENT

26. The Finance Department shall be consulted in all matters in which its previous concurrence is necessary under these rules.

27. When the Finance Department is consulted under these rules, the views of that Department shall be brought on to the permanent record of the Department to which the case belongs and shall form part of the proposal.

Where this provision sits

ActTransaction of Business of the Govt of NCT of Delhi Rules 1993
Section19
JurisdictionCentral
StatusIn force as published by the source

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