(1) The Lieutenant Governor shall refer to the Central Government every legislative proposal, which
(a) if introduced in a Bill form and enacted by the Legislative Assembly, is required to be reserved for the consideration of the President under the proviso to subclause (c) of clause (3) of article 239 AA or, as the case may be, under the second proviso to section 24 of the Act;
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(b) attracts provisions of articles 286, 287, 288 and 304 of the Constitution as applicable to the Capital;
(c) relates to any matter which may ultimately necessitate additional financial assistance from the Central Government through substantive expenditure from the Consolidated Fund of the Capital or abandonment of revenue or lowering of rate of any tax.
(2) Subject to any instructions which may from time to time be issued by the Central Government, the Lieutenant Governor shall make a prior reference to the Central Government in the Ministry of Home Affairs or to the appropriate Ministry with a copy to the Ministry of Home Affairs in respect of the following matters:-
(a) proposals affecting the relations of the Central Government with any State Government, the Supreme Court of India or any other High Court;
(b) proposals for the appointment of Chief Secretary and Commissioner of Police , Secretary (Home) and Secretary (Lands);
(c) important cases which affect or are likely to affect the peace and tranquility of the National Capital Territory;
and
(d) cases which affect or are likely to affect the interests of any minority community, Scheduled Castes or the backward classes.
56. When a matter has been referred by the Lieutenant Governor to the Central Government under these rules, further action thereon shall not be taken except in accordance with the decision of the Central Government.
CHAPTER – VI (MISCELLANEOUS)
57. The Chief Secretary and the Secretary of the Department concerned are severally responsible for the careful observance of these rules and when either of them considers that there has been any 20 material departure from these rules, he shall personally bring it to the notice of the Minister-in-charge, Chief Minister and the Lieutenant Governor.
THE SCHEDULE (See rules 7 and 8)
1. Proposals relating to summoning and prorogation and dissolution of the Legislative Assembly, removal or disqualification of voters at election to the Legislative Assembly, fixing of date of elections to the Legislative Assembly and local self-government, institutions and other connected matters.
2. The annual financial statements to be laid before the Legislative Assembly and demands for supplementary, additional or excess grants.
3. Proposals in which the opinion of the Council to any resolution or Bill to be moved in the Legislative Assembly is to be determined.
4. Proposals for the imposition of a new tax or any change in the method of assessment or the pitch of any existing tax or land revenue or irrigation rates.
5. Proposals which affect the finances of the Capital which do not have the consent of the Finance Minister
6. Proposals for re-appropriation to which the consent of the Finance Minister is required and has been withheld.
7. Proposals involving the alienation, either temporary or permanent, or of sale, grant or lease of Government property exceeding rupees one lakh in value or the abandonment or reduction of revenues exceeding that amount except when such alienation, sale, grant or lease of Government property is in accordance with the rules or with a general scheme already approved by the Council.
8. The annual audit review of the finance of the Capital and report of the Public Accounts Committee.
9. Proposals involving any important change in policy or practice.
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10. Orders embodying important changes in the administrative system of the Capital.
11. Proposals for the institution or withdrawal of a prosecution by a Department against the advice tendered by the Law Department.
12. Proposals for the creation or abolition of any public office the maximum remuneration of which exceeds rupees five hundred.
13. Appointment of Committees of Inquiry on the initiative of the Department or in pursuance of a resolution passed by the Legislative Assembly and reports of such committees.
14. Proposal or matters required by the Lieutenant Governor or Chief Minister to be brought before the Council.
15. Proposals relating to rules to be made under the proviso to subsection (1) of section 33 of the Act.
16. Draft Bills and proposals for legislation including issue of Ordinance
17. Proposals for reference to President for decision on question arising as to whether a member of the Legislative Assembly has become subject to any disqualification under sub-section (1) of section 15 of the Act.
18. Any proposal to recover or to waive off the recovery of the penalty imposed under section 17 of the Act.
19. Proposals to vary or reverse a decision previously taken by the Council.