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Delhi Administration Act, 1966 Complete Act - Bare Act

StateDelhi Government
Year
Act Info:
DELHI ADMINISTRATION ACT, 1966


DELHI

ADMINISTRATION ACT, 1966


19 of 1966

2nd June, 1966

An Act to provide for the administration of the Union Territory of Delhi and for matters connected therewith. Be it enacted by Parliament in the Seventeenth Year of the Republic off India as follows:


PART 1 PRELIMINARY


PART Section1 Short title and commencement

(1) This Act may be called the Delhi Administration Act, 1966.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be constructed as a reference to the coming into force of that provision.


Section2 Definitions

In this Act, unless the context otherwise requires

(a) "Administrator" means the Administrator of Delhi appointed by the President under article 239;

(b) "article" means an article of the Constitution;

(c) "constituency" means a constituency provided by order made under section 4 for the purpose of elections to the Metropolitan Council;

(d) "Delhi" means the Union Territory of Delhi;

(e) "Election Commission" means the Election Commission appointed by the President under Article 324;

(f) "member" means a member of the Metropolitan Council;

(g) "Metropolitan Council" means the Metropolitan Council of Delhi constituted under section 3;

(h) "New Delhi" means the area within the boundaries described in the First Schedule to the Delhi Municipal Corporation Act, 1957 (66 of 1957);

(i) "Official Gazette" means the Official Gazette of Delhi;

(j) "Scheduled castes" means any of the scheduled castes specified in Part 1 of the Schedule to the Constitution (Scheduled Castes) (Union Territories) Order, 1951.


PART 2 METROPOLITAN COUNCIL


PART Section3 Constitution of Metropolitan Council

(1) There shall be a Metropolitan Council for Delhi.

(2) The total number of seats, in the Metropolitan Council to be filled by persons chosen by direct election from territorial constituencies shall be fifty-six.

(3) The Central Government may nominate not more than five persons, not being persons in the service of Government, to be members of the Metropolitan Council.

(4) Seats shall be reserved for the scheduled castes in the Metropolitan Council and the number of such seats shall bear, as nearly as may be, the same proportion to the total number of seats in the Metropolitan Council as the population of the scheduled castes in Delhi bears to the total population of Delhi :

Provided that the reservation of seats of the scheduled castes in the Metropolitan Council shall cease to have effect under article 334, but such cesser shall not affect any representation of the scheduled castes in the Metropolitan Council until the dissolution of the then existing Metropolitan Council.

(5) For the purposes of this section and section 4, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.


Section4 Delimitation of constituencies

(1) For the purpose of elections to the Metropolitan Council, Delhi shall be divided into single-member constituencies in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout Delhi.

(2) For the purpose of giving effect to the provisions of sub-section (1), the Election Commission shall determine in the manner hereinafter provided

(a) the constituencies into which Delhi shall be divided and the extent of each of such constituencies;

(b) the number of seats to be reserved for the scheduled castes in the Metropolitan Council having regard to the provisions of sub-section (4) of section 3 and the constituencies in which these seats shall be so reserved.

(3) For the purpose of assisting the Election Commission in the performance of its functions under sub-section (2), the Commission shall associate with itself all the members of the House of the People representing Delhi :

Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.

(4) The Election Commission shall :

(a) publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette together with a notice specifying the date on or after which the proposals will be further considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place as it thinks fit;

(c) make an order delimiting the constituencies specifying therein the constituencies in which seats shall be reserved for the scheduled castes; and

(d) send an authenticated copy of the order to the Central Government.

(5) An order made by the Election Commission under this section shall not be called in question in any court.


Section5 Power to rectify printing mistakes, etc.

The Election Commission may, from time to time, by notification in the Official Gazette, correct any printing mistake in any order made under section 4 or any error arising therein from an inadvertent slip or omission.


Section6 Qualification for membership

A person shall not be qualified to be chosen to fill a seat in the Metropolitan Council unless he

(a) is an elector for any constituency and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Schedule;

(b) is not less than twenty-five years of age; and

(c) in the case of a constituency reserved for the scheduled castes, is also a member of any of those castes.


Section7 Electors and electoral rolls

(1) The persons entitled to vote at election of members shall be the persons entitled, by virtue of the provisions of the Constitution and the Representation of the People Act, 1950 (43 of 1950), to be registered as voters at election to the House of the People.

(2) So much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency for the purpose of this Act.


Section8 Right to vote

Every person whose name is, for the time being, entered in the electoral roll of a constituency, shall be entitled to vote at the election of a member from that constituency.


Section9 Election to Metropolitan Council

The provisions of Part I and Parts III to XI of the Representation of the People Act, 1951 (43 of 1951) and of any rules and orders made thereunder, for the time being in force, shall apply in relation to an election to the Legislative Assembly of a State, subject to such modification as the Central Government may, after consultation with the Election Commission, by order, direct.


Section10 Duration of Metropolitan Council

The Metropolitan Council, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Metropolitan Council :

Provided that the Central Government may, by notification in the Official Gazette, extend the said period for reasons to be specified in the notification by such period not exceeding one year at a time as" it thinks fit, so, however, that the total period so extended shall not exceed three years. Provided further that the said period or extended period."11. Amended by the Delhi Administration (Amendment) Act, No. 10 of 1988.


Section11 Sessions of Metropolitan Council, propagation and dissolution

(1) The Administrator shall, from time to time, summon the Metropolitan Council to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Administrator may, from time to time,

(a) prorogue the Metropolitan Council;

(b) with the approval of the President, dissolve the Metropolitan Council.


Section12 The Chairman and Deputy Chairman of the Metropolitan Council

(1) The Metropolitan Council shall, as soon as may be, choose two members to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Metropolitan Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

(2) A member holding office as Chairman or Deputy Chairman,

(a) shall vacate his office if he ceases to be such a member;

(b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and

(c) may be removed from his office by a resolution of the Metropolitan Council passed by, majority of all the then members :

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution :

Provided further that, whenever the Metropolitan Council is dissolved, the chairman shall not vacate his office until immediately before the first meeting of the Metropolitan Council after the dissolution.

(3) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member as may be determined by the rules of procedure of the Metropolitan Council.

(4) During the absence of the Chairman from any sitting of the Metropolitan Council, the Deputy Chairman, or if he is also absent, such person as may be determined by the rules of procedure of the Metropolitan Council, shall act as Chairman.

(5) The Chairman and the Deputy Chairman shall be entitled to such salaries and allowances as the President may, by order, determine.


Section13 Chairman not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Metropolitan Council, where any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside and the provisions of sub-section (4) of section 12 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Metropolitan Council while any resolution for his removal from office is under consideration and shall, notwithstanding anything in section 17, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings, but not in the case of an equality of votes.


Section14 Rights of Administrator to attend and address meetings of Metropolitan Council

The Administrator may attend and address any meeting of the Metropolitan Council and may for that purpose require the attendance of members.


Section15 Rights of members of Executive Council as respects Metropolitan Council

Every member of the Executive Council shall have the right to speak in and otherwise to take part in the. proceedings of, the Metropolitan Council, and any Committee of the Metropolitan Council of which he may be named a member, but shall not by virtue of this section be entitled to vote.


Section16 Oath or affirmation by members

(1) Every member shall, before taking his seat, make and subscribe before the Administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Schedule.

(2) If a person sits or votes as a member before he has complied with the requirement of sub-section (1), or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.


Section17 Voting in Metropolitan Council

(1) Save as otherwise provided in this Act, all questions at any sitting of the Metropolitan Council shall be determined by a majority of votes of the members present and voting other than the Chairman or person acting as such.

(2) The Chairman or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(3) The Metropolitan Council shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Metropolitan Council shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.

(4) The quorum to constitute a meeting of the Metropolitan Council shall be fifteen.

(5) If at any time during a meeting of the Metropolitan Council there is no quorum, it shall be the duty of the Chairman, or person acting as such, either to adjourn the Metropolitan Council or to suspend the meeting until there is quorum.


Section18 Vacation of seats

(1) No person shall be a member

(a) both of Parliament and of the Metropolitan Council, or

(b) both of the Metropolitan Council and of the Delhi Municipal Corporation, and if a person is so chosen, then, at the expiration of fourteen days from the date of publication in the Gazette of India or in the Official Gazette, whichever is later, that he has been so chosen,

(i) in a case referred to in clause (a), that person's seat in Parliament shall become vacant unless he has previously resigned his seat in the Metropolitan Council, and

(ii) in a case referred to in clause (b), that person's seat in the Metropolitan Council shall become vacant unless he has previously resigned his seat in the Delhi Municipal Corporation.

(2) If a member

(a) becomes subject to any disqualification mentioned in sub-section (1) of section 19, or

(b) resigns his seat by writing under his hand addressed to the Chairman, his seat shall thereupon become vacant.

(3) If during a period of six successive months, a member is, without permission of the Metropolitan Council, absent from all meetings thereof, the Metropolitan Council may declare his seat vacant.


Section19 Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of the Metropolitan Council if he is for the time being disqualified for being chosen as and for being, a member of either House of Parliament under any of the provisions of article 102 or of any law made in pursuance of that article.

(2) For the purposes of this section, a person shall not be deemed to hold an office of profit by reason only that he is a member of the Executive Council.

(3) If any question arises as to whether a member has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the President and his decision shall be final.

(4) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.


Section20 Powers, privileges, etc. of members

(1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Metropolitan Council, there shall be freedom of speech in the Metropolitan Council.

(2) No member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Metropolitan Council or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Metropolitan Council of any report, paper, votes or proceedings.

(3) The provisions of sub-sections (1) and (2) shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise to take part in the proceedings of, the Metropolitan Council or any Committee thereof as they apply in relation to members.


Section21 Salaries and allowances of members

Members shall be entitled to receive such salaries and allowances as the President may, by order, determine.


Section22 Functions of Metropolitan Council

(1) Subject to the provisions of this Act, the Metropolitan Council shall have the right to discuss, and make recommendations with respect to, the following matters in so far as they relate to Delhi, namely :

(a) Proposals for undertaking legislation with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution in so far as any such matter is applicable in relation to Union territories (hereafter referred to as the State List and the Concurrent List);

(b) proposals for extension to Delhi of any enactment in force in a State relatable to any matter enumerated in the State List or the Concurrent List;

(c) proposals for legislation referred to it by the Administrator with respect to any of the matters enumerated in the State List or the Concurrent List;

(d) the estimated receipts and expenditure pertaining to Delhi to be credited to and to be made from, the Consolidated Fund of India; and notwithstanding anything contained in the Delhi Development Act, 1957 (61 of 1957), the estimated receipts and expenditure of the Delhi Development Authority,

(e) matters of administration involving general policy and schemes of development in so far as they relate to matters enumerated in the State List or the Concurrent List;

(f) any other matter referred to it by the Administrator.

(2) The recommendations of the Metropolitan Council, after having been duly considered by the Executive Council, shall, wherever necessary, be forwarded by the Administrator to the Central Government with the views, if any, expressed thereon by the Executive Council.


Section23 Right of members to ask questions

Subject to the rules regulating the procedure of the Metropolitan Council, a member shall have the right to ask questions on any matter in so far as it falls within the purview of the Metropolitan Council under sub-section (1) of section 22.


Section24 Rules of procedure

(1) The Metropolitan Council may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business :

Provided that the Administrator shall, after consultation with the Chairman of the Metropolitan Council and with the approval of the President, make rules for prohibiting the discussion of, or regulating the asking of questions on, any matter which affects the discharge of his functions in so far as he is required by or under this Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions and, if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan Council, the rule made by the Administrator shall prevail.

(2) Until rules are made under sub-section (1), the procedure and conduct of business of the Metropolitan Council shall be regulated by such rules as the Administrator may make in this behalf.


Section25 Restriction on discussion in Metropolitan Council

No discussion shall take place in the Metropolitan Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.


Section26 Courts not to enquire into proceedings of Metropolitan Council

(1) The validity of any proceedings in the Metropolitan Council shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of the Metropolitan Council in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Council shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.


PART 3 EXECUTIVE COUNCIL


PART Section27 Executive Council

(1) There shall be an Executive Council, consisting of not more than four members one of whom shall be designated as the Chief Executive Councillor and others as the Executive Councillors, to assist and advise the Administrator in the exercise of his functions in relation to matters enumerated in the State List or the Concurrent List, except in so far as he is required by or under this Act to exercise his functions or any of them in his discretion or by or under any law to exercise any judicial Or quasi-judicial functions :

Provided that, in case of difference of opinion between the Administrator and the members of the Executive Council on any matter, other than a matter in respect of which he is required by or under this Act to act in his discretion, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision, it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary :

Provided further that every decision taken by a member of the Executive Council or by the Executive Council in relation to any matter concerning New Delhi shall be subject to the concurrence of the Administrator, and nothing in this sub-section shall be construed as preventing the Administrator in case of any difference of opinion between him and the members of the administration of New Delhi as he, in his discretion, considers necessary.

(2) The administrator shall preside at every meeting of the Executive Council, but if he is obliged to absent himself from any meeting of the Council owing to illness or any other cause, the Chief Executive Councillor shall preside at the meeting of the Council.

(3) The functions of the administrator with respect to law and order in Delhi including the organisation and discipline of police force, and with respect to such other matters as the President may, from time to time, specify in this behalf, shall be exercised by him in his discretion.

(4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final.

(5) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is required by or under any law to exercise any judicial or quasi-judicial functions, the decision of the Administrator thereon shall be final.

(6) If any question arises as to whether any matter is or is not a matter concerning New Delhi, the decision of the Administrator thereon shall be final.

(7) The question whether any, and if so, what advice was tendered by any member of the Executive Council to the Administrator shall not be enquired into any court.


Section28 Other provisions as to members of Executive Council

(1) The members of the Executive Council shall be appointed by the President.

(2) The members of the Executive Council shall hold office during the pleasure of the President.

(3) Before a member of the Executive Council enters upon his office, the Administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Schedule.

(4) A member of the Executive Council who for any period of six consecutive months is not a member of the Metropolitan Council shall, at the expiration of that period, cease to be a member of the Executive Council.

(5) The salaries and allowances of the members of the Executive Council shall be such as the President may, by order, determine.


Section29 Conduct of business

(1) The President shall make rules

(a) for the allocation of business to the members of the Executive Council in so far as it is not business with respect to which the Administrator is required by or under this Act to act in his discretion; and

(b) for the more convenient transaction of business with the members of the Executive Council, including the procedure to be adopted in the case of a difference of opinion between the Administrator and the members of the Executive Council or a member of the Council.

(2) Save as otherwise provided in this Act, an executive action of the Administrator whether taken in his discretion or otherwise, shall be expressed to be taken in the name of the Administrator.

(3) Orders and other instruments made and executed in the name of the Administrator shall be authenticated in such manner as may be specified in the rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Administrator.


PART 4 MISCELLANEOUS AND TRANSITIONAL PROVISIONS


PART Section30 Relation of Administrator and members of Executive Council to President

Notwithstanding anything in this Act, the Administrator and the members of the Executive Council shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President.


Section31 Provision in case of failure of constitutional machinery

If the President, on receipt of a report from the Administrator or otherwise, is satisfied

(a) that a situation has arisen in which the administration of Delhi cannot be carried on in accordance with the provisions of this Act, or

(b) that for the proper administration of Delhi it is necessary or expedient so to do, the president may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering Delhi in accordance with the provisions of article 239.


Section32 Provisions as Interim Metropolitan Council

(1) Until a Metropolitan Council has been duly constituted and summoned to meet for the first session under the provisions of Part II of this Act, there shall be an Interim Metropolitan Council consisting of

(a) forty-two members elected by the members of the electoral college for Delhi, as in existence immediately before the commencement of this Act, in accordance with rules made by the Central Government in this behalf, such elections being held in accordance, with the system of proportional representation by means of the single transferable vote, and

(b) not more than five members, not being persons in the service of Government, nominated by the Central Government.

(2) No person shall be qualified to be chosen as a member of the Interim Metropolitan Council unless he is an elector for any Parliamentary constituency in Delhi and is not less than twenty-five years of age.

(3) The term of office of the members of the Interim Metropolitan Council shall expire immediately before the first meeting of the Metropolitan Council duly constituted under this Act.

(4) Election by the members of the electoral college for Delhi under sub-section (1) shall not be called in question on the ground merely of the existence of any vacancy in the membership of such college.

(5) In other respects, the provisions of Part II shall, so far as may be, apply in relation to the Interim Metropolitan Council as they apply in relation to the Metropolitan Council constituted under and in accordance with the provisions of that Part :

Provided that nothing contained in clause (b) of sub-section (1) of section 18 shall preclude a person from being a member of the Interim Metropolitan Council and of the Delhi Municipal Corporation until the next general election for the Corporation is held under the Delhi Municipal Corporation Act, 1957 (66 of 1957).


Section33 Interim Executive Council

(1) Notwithstanding anything contained in Part HI, the President may appoint such members of the Interim Metropolitan Council, not exceeding four in number, as he thinks fit to be the members of the Interim Executive Council.

(2) The members of the Interim Executive Council shall hold office during the pleasure of the President.

(3) A member of the Interim Executive Council shall cease to hold office as such if he ceases to be a member of the Interim Metropolitan Council.

(4) Subject to the foregoing provisions, the members of the Interim Executive Council shall

(a) exercise all the powers and perform all the duties conferred by the provisions of this Act on the members of the Executive Council,

(b) be entitled to such salaries and allowances as the President may by order, determine.


Section34 Contracts and suits

For the removal of doubts it is hereby declared that

(a) all contracts in connection with the administration of Delhi are contracts made in the exercise of the executive power of the Union;

(b) all suits and proceedings in connection with the administration of Delhi shall be instituted by or against the Government of India.


Section35 Amendment of Act 43 of 1950

In the Representation of the People Act, 1950, in section 27A, for sub-section (3), the following sub-section shall be substituted namely

"(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act 1966."


Section36 Amendment of Act 61 of 1957

In the Delhi Development Act, 1957, in section 3

(i) for clause (f) of sub-section (3), the following clause shall be substituted, namely

"(f) as and when the Metropolitan Council for the Union territory of Delhi is constituted, three representatives of that Council to be elected by the members of the Council from among themselves, and until that Council is constituted, three representatives of the Interim Metropolitan Council to be elected by the members of the Interim Metropolitan Council from among themselves";

(ii) in sub-section (6), the words, brackets, letter and figure "and the three representatives of the Advisory Committee to Delhi referred to in clause (f) of sub-section (3) shall hold office for so long only as they continue to be members thereof shall be omitted;

(iii) for sub-sections (7) and (8), the following sub-section shall be substituted, namely :

"(7) An elected member shall hold office for a term of five years from the date of his election to the Authority and shall be eligible for re-election : Provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected."


Section38 Powers of President to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act and, in particular in relation to the constitution of the Interim Metropolitan Council, the President may, by order, do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty.

(2) Every order made under this section 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order 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 order.


SCHEDULE 1 FORMS OF OATHS OR AFFIRMATION

[See Sections 6 (a), 16 (1) and 28 (3)] FORMS OF OATHS OR AFFIRMATION

I

FORM OF OATH OR AFFIRMATION TO BE MADE BY A CANDIDATE FOR ELECTION TO THE METROPOLITAN COUNCIL

"I, A.B., having been nominated as a candidate to fill a seat in the Metropolitan Council of Delhi do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India, as by law established, and that I will uphold the sovereignty and integrity of India."

II

FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF THE METROPOLITAN COUNCIL

"I, A.B., having been elected (or nominated) a member of the Metropolitan Council of Delhi do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India, as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."

III

FORM OF OATH OF OFFICE FOR A MEMBER OF THE EXECUTIVE COUNCIL

"I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India, as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a member of the Executive Council, and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will."

IV

FORM OF OATH OF SECRECY FOR A MEMBER OF THE EXECUTIVE COUNCIL

"I, A.B., swear in the name of God solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a member of the Executive Council except as may be required for the due discharge of my duties as such member."


Rule:


RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE METROPOLITAN COUNCIL OF DELHI


RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE METROPOLITAN COUNCIL OF DELHI


CHAPTER 1 SHORT TITLE AND DEFINITIONS


Rule1 Short title

These rules may be called Rules of Procedure and Conduct of Business in the Metropolitan Council of Delhi.


Rule2 Commencement

These rules shall come into force the date they are notified in the Delhi Gazette.


Rule3 Definitions

(1) In these rules, unless the context otherwise requires

(a) "Act" means the Delhi Administration Act, 1966 (19 of 1966);

(b) "administration" means the administration of the Union Territory of Delhi;

(c) "bulletin" means the bulletin of the Council containing (i) a brief record of the proceedings of the Council at each of its sittings, and (ii) information on any matter relating to or connected with the business of the Council or other matter which, in the opinion of the Chairman, may be included therein;

(d) "Committee" means any committee elected or constituted by the Council or nominated by the Chairman for any specific or general purpose and which works under the direction of the Chairman and presents its report to the Council or to the Chairman;

(e) "Chairman" means the Chairman of the Metropolitan Council unless the context otherwise requires;

(i) "Council" means the Metropolitan Council of Delhi;

(g) "division" means taking of votes by sending the members to lobbies or by adopting such other method under which lists of members voting on either side are provided;

(h) "Executive Councillor" means a member of the Executive Council and includes the Chief Executive Councillor;

(i) "lobby" means the covered corridor immediately adjoining the Council Chamber and co-terminus with it;

(j) "member" means a member of the Council;

(k) "motion" means a proposal made by a member for the consideration of the Council and includes a resolution and an amendment to a motion;

(l) "member in charge" means, as respects an official Bill, an Executive Councillor and as respects other Bills, the member who has introduced the Bill;

(m) "precincts of the Council" means and includes the Council Chamber, the lobbies, the galleries and such other places as the Chairman may from time to time specify;

(n) "private member" means a member other than an Executive Councillor;

(o) "prorogue" and derivative "prorogation" mean the ending of a session by an order of the Administrator under sub-section (2) of section 11;

(p) "Secretary" means Secretary to the Council and includes any other person for the time being performing the duties of the Secretary;

(q) "Section" means a section of the Act;

(r) "sitting" means the sitting together of the members of the Council for transacting business on any day from its commencement till the Council rises for the day unless the Council otherwise requires;

(s) "table" means the table of the Council.


CHAPTER 2 SUMMONS TO MEMBERS, SEATING, OATH OR


AFFIRMATION AND ROLL OF MEMBERS


Rule4 Summons of Members

(1) Subject to the provisions of sub-section (1) of section 11, the Council shall be summoned by the Administrator from time to time to meet at such time and place as he may appoint.

(2) The summons to members shall ordinarily be issued by the Secretary 15 days before the date so appointed under sub-rule (1) : Provided that a short notice session of the Council may be summoned at three days notice.

(3) When a session is called emergently, summons may not be issued to each member separately but an announcement of the date, time and place of the session shall be published in the Press and members informed by telegram or otherwise.


Rule5 Seating of Members

The members shall sit in such order as the Chairman may determine.


Rule6 Oath or Affirmation

A member who has not already made and subscribed an oath or affirmation in pursuance of section 16 shall, before taking his seat, make and subscribe before the Administrator or some person appointed in this behalf by him an oath or affirmation according to the form set out for the purpose in the schedule to the Act.


Rule7 Attendance Register

A record of attendance of members in the meetings of the Council shall be kept by the Secretary and for this purpose, an attendance register shall be maintained. It will be placed in the lobbies before the commencement of a meeting and the members, other than the Chairman, the Deputy Chairman and Executive Councillors shall sign it before the meeting is adjourned. No member who has not signed the Register shall be treated as present : Provided that the Chairman, if he is satisfied, may order that a member, who attended a meeting but failed to sign the Register, may be marked as present.


CHAPTER 3 ELECTION OF CHAIRMAN, DEPUTY CHAIRMAN AND NOMINATION OF A PANEL OF VICE-CHAIRMEN


Rule8 Election of Chairman by the Council

(1) The election of a Chairman shall be held on such date as the Administrator may fix and the Secretary shall send notice thereof to every member.

(2) At any time before noon on the day preceding the day fixed under sub-rule (1), any member may give notice in writing addressed to the Secretary of a motion that another member be chosen as the Chairman of the Council and the notice shall be seconded by a third member and shall be accompanied by a statement by the member whose name is proposed in the notice that he is willing to serve as Chairman, if elected :

Provided that a member shall not propose his own name or, second a motion proposing his own name, or propose or second more than one motion.

(3) While the offices of both the Chairman and the Deputy Chairman are vacant, the duties of the Office shall be performed by such member of the Council as the Administrator may appdint for the purpose.

(4) A member in whose name a motion stands on the list of business may, when called, move the motion or withdraw the motion, in which case he shall confine himself to a mere statement to that effect.

(5) The motions which have been moved and duly seconded shall be put one by one in the order in which they have been moved and decided, if necessary, by division. If any motion is carried, the person presiding shall, without putting later motions, declare that the member proposed in the motion which has been carried, has been chosen as the Chairman of the Council.


Rule9 Election of Deputy Chairman by the Council

(1) The election of Deputy Chairman shall be held on such date as the Chairman may fix, and the Secretary shall send notice thereof to every member.

(2) At any time before noon on the day preceding the day so fixed, any member may give notice in writing addressed to the Secretary, of a motion that another member be chosen as the Deputy Chairman of the Council, and the notice shall be seconded by a third member and shall be accompanied by a statement by the member whose name is proposed in the notice that he is willing to serve as Deputy Chairman, if elected :

Provided that a member shall not propose his own name, or second a motion proposing his own name, or propose or second more than one motion.

(3) A member in whose name a motion stands on the list of business may, when called, move the motion or withdraw the motion, in which case he shall confine himself to a mere statement to that effect.

(4) The motions which have been moved and duly seconded shall be put one by one in the order in which they have been moved and decided, if necessary, by division. If any motion is carried, the person presiding shall, without putting later motions, declare that the member proposed in the motion which has been carried, has been chosen as the Deputy Chairman of the Council.


Rule10 Panel of Vice-Chairmen

(1) At the commencement of the Council or from time to time, as the case may be, the Chairman shall nominate from amongst the members a panel of not more than three Vice-Chairmen, anyone of whom may preside over the Council in the absence of the Chairman, and the Deputy Chairman when so requested by the Chairman, or in his absence, by the Deputy Chairman.

(2) A Vice-Chairman nominated under sub-rule (1) shall hold office until a new panel of Vice-Chairmen is nominated.


Rule11 Election of Chairman in the absence of the Chairman, Deputy Chairman and panel of Vice-Chairmen

If the Chairman and the Deputy Chairmen are both absent and there is no member of the panel of Vice-Chairmen duly authorised to preside over the sitting of the council, the Council shall proceed to elect a Chairman for the meeting in the following way

"A member addressing himself to the Secretary, shall propose to the House some other member then present and move that the said member do take the Chair of the Chairman till such time as a person competent to preside under the Act or rule arrives, and such a motion is seconded by another member, then the Secretary shall put the motion or motions to the vote of the House. The member so selected shall occupy the Chair."


Rule12 Powers of Deputy Chairman or other member presiding over the sittings of the Council

The Deputy Chairman or other member competent to preside over a sitting of the Council under these rules, when so presiding, shall have the powers as the Chairman when presiding over the Council and all references to the Chairman under these rules shall, in these circumstances, be deemed to be references to any such person so presiding.


Rule13 Delegation of powers to Deputy Chairman

The Chairman may at any time, by order in writing delegate to the Deputy Chairman all or any of his powers under these Rules and may likewise revoke any such delegation.


CHAPTER 4 SITTINGS OF THE COUNCIL


Rule14 When is sitting of the Council duly constituted

A sitting of the Council is duly constituted when it is presided over by the Chairman or other member competent to preside over a sitting of the Council under these rules.


Rule15 Commencement of sitting

Sitting of the Council shall commence at such hour as the Chairman may direct.


Rule16 Sittings of the Council

The Council shall sit on such days as the Chairman, having regard to the state of business of the Council, may from time to time direct :

Provided that there will be no meetings ordinarily on Saturdays and other Public Holidays.


Rule17 Conclusion of sitting

The Chairman shall determine the time when a sitting of the Council shall be adjourned sine die or to a particular day, or to an hour or part of the same day :

Provided that the Chairman may, if he thinks fit, call a sitting of the Council before the date or time to which it has been adjourned or at any time after the Council has been adjourned sine die. But 10 days notice shall be necessary to resummon the Council when it has been adjourned sine die.


Rule18 Effect of prorogation. When the Council is prorogued

(a) all pending notices, other than notice of intention to move for leave to initiate any legislative proposal, shall lapse and fresh notices shall be given for the next session :

Provided that the questions which have been entered within the list of business but were postponed and remained pending for answer at the close of the preceding sessions shall not lapse;

(b) any business pending before a committee shall not lapse;

(c) any motion, resolution or amendment which has been moved and is pending in the Council shall not lapse.


CHAPTER 5 ADMINISTRATOR'S ADDRESS TO THE COUNCIL


Rule19 Allotment of time for discussion of the Address

The Chairman in consultation with the Chief Executive Councillor, shall allot time for the discussion of the matters referred to in the Administrator's Address to the Council under section 14.


Rule20 Scope of discussion

On such day or days or part of any day, the Council shall be at liberty to discuss the matters referred to in such Address.


Rule21 Other business that may be taken up

Notwithstanding that a day has been allotted for a discussion on the Administrator's Address,

(a) a motion or motions for leave to introduce a Bill or Bills may be made and a Bill or Bills may be introduced on such day, and

(b) other business of a formal character may be transacted, on such day before the Council commences or continues the discussion on the Address.


Rule22 Postponement of discussion on Address

The discussion on the Address may be postponed in favour of an official Bill or other official business on a motion being made that the discussion on the Address be adjourned to a subsequent day to be appointed by the Chairman. The Chairman shall forthwith put the question, no amendment or debate being allowed.


Rule23 Right of reply

The Chief Executive Councillor or any other Executive Councillor, whether he has previously taken part in the discussion or not, shall on behalf of the administration have a general right of explaining the position of the administration at the end of the discussion.


Rule24 Time limit for speeches

The Chairman may, if he thinks fit, prescribe a time-limit for speeches after taking the sense of the Council.


CHAPTER 6 ARRANGEMENT OF BUSINESS


Rule25 Allotment of time for discussion on the Address

On days allotted for the transaction of official business, such have precedence and the Secretary shall arrange that business in such order as the Chairman after consultation with the Chief Executive Councillor may determine : Provided that such order of business shall not be varied on the day that business is set down for disposal unless the Chairman is satisfied that there is sufficient ground for such variation.


Rule26 Allotment of time for private members' Business

(1) Private members' business shall be taken upon on such days as may be fixed by the Chairman and shall have precedence over official business on those days unless the Chairman directs otherwise.

(2) Where the Chairman has under sub-rule (1) directed otherwise as aforesaid, he may, in consultation with the Chief Executive Councillor fix any other day for the transaction of private members' business.


Rule27 Precedence of private members' Bills

(1) The relative precedence of notice of Bills given by private members shall be determined by ballot, to be held in accordance with the orders made by the Chairman, on such day, not being less than seven days before the day with reference to which the ballot is held, as the Chairman may direct.

(2) The relative precedence of private members' Bills on a day allotted for the disposal of such Bills shall be in the following order, namely

(a) Bills in respect of which the motion is that leave be granted to introduce the Bill;

(b) Bills in respect of which a motion has been carried that the Bill be taken into consideration;

(c) Bills introduced and in respect of which no further motion has been made or carried.


Rule28 Precedence of private members resolution

(1) The relative precedence of notices of resolution given by private members shall be determined by ballot, to be held in accordance with the orders made by the Chairman, on such day, not being less than seven days before the day with reference to which the ballot is held, as the Chairman may direct.

(2) The names of all members from whom such notices are received shall be balloted and those members who secure the first three places in the ballot for the day allotted for private members' resolution shall be eligible to give notice of one resolution each within two days after-the date of the ballot.


Rule29 Business outstanding at the end of day

Private members' business set down for the day allotted for that business and not disposed of on that day shall not be set down for any subsequent day, unless it has gained priority at the ballot held with reference to that day :

Provided that notwithstanding anything contained in rules 25 and 28 any such business which is under discussion at the end of that day, shall have precedence over all other business set down for that day.


Rule30 Resolution of adjourned debate on private members' Bills or resolution

(1) When on a motion being carried the debate on a private member's Bill or resolution is adjourned to the next day allotted for private members' business in the same or next session, it will not be set down for further discussion unless it has gained priority at the ballot.

(2) When the debate on a private member's Bill or resolution is adjourned sine die, the member in charge of the Bill or the mover of the resolution, as the case may be, if he wishes to proceed with such Bill or resolution on a subsequent day allotted for private members' business may give notice for resumption of the adjourned debate and on receipt of such notice the relative precedence of such Bill or resolution shall be determined by ballot.


Rule31 List of business

(1) A list of business for the day shall be prepared by the Secretary and a copy thereof shall be made available for the use of every member.

(2) Save as otherwise provided in these rules, no business not included in the list of business for the day shall be transacted at any sitting without the leave of the Chairman.

(3) Save as otherwise provided by these rules, no business requiring notice shall be set down for a day earlier than the day after that on which the period of the notice necessary for that class of business expires, unless the Chairman otherwise directs.


Rule32 Relative precedence of different class of business before the Council

Unless the Chairman otherwise directs on any particular occasion, the relative precedence of the class of business before the Council specified below shall be in the following order, namely :

(i) Oath or affirmation.

(ii) Obituary references.

(iii) Question (including short notice question).

(iv) Calling attention notices.

(v) Papers to be laid on the Table.

(vi) Communications of messages from the administration.

(vii) Communications from Magistrates or other authorities regarding arrest or detention or release of members of the Council.

(viii) Announcements by the Chairman regarding leave of absence of members from the sittings of the Council.

(ix) Announcements by the Chairman regarding various matters, e.g., resignations of members of the Council, nominations to Panel of Vice-Chairmen, Committees, etc.

(x) Rulings by the Chairman.

(xi) Presentation of reports of committees.

(xii) Laying of evidence before Select Committees on Bills.

(xiii) Statements by Executive Councillors.

(xiv) Personal explanations under rule 210 (if not made during the debate).

(xv) Motions for election to Committees.

(xvi) Motions for extension of time for presentation of reports of Select Committees on Bills.

(xvi) Motions for adoption of Reports of Business Advisory Committee.

(xviii) Motions for leave to move Resolution for removal of Chairman/Deputy Chairman.

(xixX Bills to be withdrawn,

(xx) Bills to be introduced.


CHAPTER 7 QUESTIONS AND SHORT NOTICE QUESTIONS


Rule33 Time for questions

Unless the Chairman otherwise directs, the first hour of every sitting shall be available for the asking and answering of questions.


Rule34 Notice of questions

Unless the Chairman otherwise directs, not less than ten clear days' notice of question shall be given.


Rule35 Form of notice of questions

Notice of question shall be given in writing to the Secretary and shall specify

(a) the official designation of the Executive Councillor to whom it is addressed; and

(b) the date on which the question is proposed to be placed on the list of questions for answer :

Provided that all questions relating to matters in respect of which the Administrator is required by or under the Act, to exercise his functions, or any of them, in his discretion, or by or under any law to exercise any judicial or quasi-judicial function, shall be addressed to the Chief Executive Councillor.


Rule36 Notice of admission of questions to Executive Councillors

Unless the Chairman otherwise directs, no question shall be placed on the day when notice of such question has been given by the Secretary to the Executive Councillor to whom it is addressed.


Rule37 Questions for oral answers to be distinguished by asterisks

A member who desires an oral answer to his question shall distinguish it by an asterisk and if he does not distinguish it by an asterisk the question shall be printed in the list of questions for written answer.


Rule38 Member entitled to oral answers to three questions on a day

(1) Not more than three questions distinguished by asterisks by the same member shall be placed on the list of questions for oral answer on any one day. Questions in excess of three shall be placed in the list of questions for written answer.

(2) The order in which questions for oral answer are to be placed shall be indicated by the member giving notice and, if no such order is indicated, the question shall be placed in the list of questions for oral answer in the order in which notices are received in point of time.


Rule39 Allotment of days for oral answers to questions

The time available for answering questions may be allotted on different days in rotation for the answering of questions relating to such Department or Departments as the Chairman may from time to time, decide, and on each such day, unless the Chairman with the consent of the Executive Councillor concerned otherwise directs, only questions relating to the Department or Departments for which time on that day has been allotted shall be placed on the list of questions for oral answer.


Rule40 Written answers to questions not replied orally

If any question placed on the list of questions for oral answer on any day is not called for answer within the time available for answering questions on that day, the Executive Councillor to whom the question is addressed shall forthwith lay upon the table a written reply to the question, and no oral reply shall be required to such question and no supplementary questions shall be asked in respect thereof.


Rule41 Questions relating to more than one Department

The Chairman ay disallow any question which asks the information relating to more than one Department.


Rule42 Conditions of admissibility of questions

(1) Subject to the provisions of sub-rule (2) of this rule, a question may be asked for the purpose of obtaining information on a matter of public importance in so far as it falls within the purview of the Council under sub-section (1) of section 22.

(2) The right to ask a question is governed by the following conditions

(i) it shall be clearly and precisely expressed;

(ii) it shall not bring in any name or statement not strictly necessary to make the question intelligible;

(iii) if it contains a statement the member shall make himself responsible for the accuracy of the statement;

(iv) it shall not contain arguments, inferences ironical or offensive expressions or defamatory statements;

(v) it shall not ask for an expression of opinion or the solution of a hypothetical proposition;

(vi) it shall not relate to a statement by a private individual or a non-official body,

(vii) it shall not be of excessive length;

(viii) it shall ordinarily not relate to a matter which is not primarily the concern of the Administration;

(ix) it shall not reflect on the character or conduct of any person nor relate to individual cases except in his official or public capacity or when a matter of principle is involved;

(x) it shall not make or imply a charge of a personal character;

(xi) it shall not raise question of policy too large to be delate within the limit of an answer to a question;

(xii) it shall not repeat in substance questions already answered or to which an answer has been refused;

(xiii) it shall not ask for information on trivial, vague or meaningless matters, nor information of too many details;

(xiv) it shall not ordinarily seek information on matters of past history;

(xv) it shall not require information set forth in accessible documents or in ordinary works of reference;

(xvi) it shall not raise matters under the control of bodies or persons not primarily responsible to the Administration;

(xvii) it shall not ask for information on a matter which is under adjudication by a court of law having jurisdiction in any part of India;

(xviii) it shall not refer to conduct of any judicial officer having jurisdiction in any part of India in the exercise of his or its judicial function;

(xix) it shall not refer discourteously to a friendly foreign country;

(xx) it shall not seek information about matters which are in their nature secret;

(xxi) it shall not ordinarily ask about matters pending before any statutory tribunal or other statutory authority performing any judicial or quasi-judicial functions or any commission or Court of Enquiry appointed to inquire into or investigate any matter but may refer to matters concerned with procedure or subject or stage of inquiry if it is not likely to prejudice the consideration of the matter by such Tribunal, Authority, Commission or Court of Enquiry,

(xxii) it shall not deal with matters which are under consideration of a committee;

(xxiii) it shall not in substance be a suggestion or request for any particular action in the matter raised by the member asking the question; and


Rule43 Questions on matters of correspondence between the Administration and the Government of India or the Government of a State

In matters which are or have been the subject of correspondence between the Administration and the Government of India or the Government of a State, no question shall be asked except as to matters of fact and the answer shall be confined to a statement of fact.


Rule44 Chairman to decide admissibility of question

(1) The Chairman shall decide whether a question or part thereof is or is not admissible under these rules or any rules made under the proviso to sub-section (1) of section 24 and may disallow any question or a part thereof when in his opinion it is an abuse of the righi of questioning or calculated to obstruct or prejudicially affect the procedure of the Council or is in contravention of the said rules.

(2) Subject to the provisions of rule 39, the Chairman may direct that a question be placed on the list of questions for answer, on a date later than that specified by a member in his notice, if he is of the opinion that a longer period is necessary to decide whether the question is or is not admissible.


Rule45 Chairman to decide if a question is to be treated as starred or unstarred

If in the opinion of the Chairman any question put down for oral answer is of such a nature that a written reply would be more appropriate, the Chairman may direct that such question be placed in the list of questions for written answer : Provided that the Chairman may, if he thinks fit, call upon the member who has given notice of a question for oral answer to state in brief his reasons for desiring an oral answer and, after considering the same, may direct that the question be included in the list of questions for written answer.


Rule46 List of questions

Questions, which have not been disallowed, shall be entered in the list of questions for the day for oral or written answer, as the case may be, in accordance with the orders of the Chairman.


Rule47 Order in which questions shall be called

Questions for oral answers shall be called, if the time made available for questions permits, the order in which they stand in the list before any other business is entered upon at the meeting :

Provided that a question not reached for oral answer may be answered after the end of the Question Hour with the permission of the Chairman that the Question is one of special public interest to which he desires to give a reply.


Rule48 Withdrawal or postponement of questions

A member may, by notice given at any time before the meeting for which his question has been placed on the list, withdraw his question, or postpone it to a later day to be specified in the notice, and on such later day the question shall, subject to the provisions of rule 42, be placed on the list after all questions which have not been so postponed :

Provided that a postponed question shall not be placed on the list until two clear days have expired from the time when the notice of postponement has been received by the Secretary.


Rule49 Mode of asking questions

(1) When the time for asking questions arrives, the Chairman shall call successively each member in whose name a question appears in the list of questions.

(2) The member so called shall rise in his place and unless he states that it is not his intention to ask the question standing in his name, he shall ask the question by reference to its number in the list of questions.

(3) If on a question being called, it is not put or the member in whose name it stands is absent, the Chairman, at the request of any member, if so authorised by him in writing may direct that the answer to it be given.


Rule50 Questions of absent members

When all the questions for which an oral answer is desired have been called, the Chairman may, if time permits, call again any question which has not been asked by reason of the absence of the member in whose name it stands, and may also, at the request of any other member so authorised in writing direct that the answer to it be given.


Rule51 Supplementary questions

(1) No discussion shall be permitted during the time for questions under rule 33 in respect of any question or of any answer given to a question..

(2) Any member when called by the Chairman may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given : Provided that the Chairman shall disallow any supplementary question if in his opinion, it infringes the rules regarding questions.


Rule52 Bracketing of names

Where two or more members give notice of questions on the same subject and one of the questions is accepted for answer the names of the other members shall be bracketed with the name of the member whose question has been accepted for answer :

Provided that the Chairman may direct that all the notices be consolidated into a single notice, if in his opinion it is desirable to have a single self-contained question covering all the important points raised by members and the Executive Councillor shall then give his reply to the consolidated question.

Provided further that in the case of a consolidated question the names of all the members concerned may be bracketed and shown against the question in the order of priority of their notice.


Rule53 .

(1)A question relating to a matter of public importance may be asked with notice of three clear days and if the Chairman is of opinion that the question is of an urgent character he may direct that an enquiry may be made from the Executive Councillor concerned if he is in a position to reply and, if so, on what date.

(2) If the Executive Councillor concerned agrees to reply, such question shall be answered on a day to be indicated by him and shall be called immediately after the questions which have appeared on the list of questions for oral answers have been disposed of.

(3) If the Executive Councillor is unable to answer the question at short notice and the Chairman is of opinion that the question is of sufficient public importance to be orally answered in the House, he may direct that the question be placed as the first question on the list of questions for the day on which it would be due for answer under rule 41 :

Provided that not more than one such question shall be accorded first priority on the lists of questions for any one day.

(4) Where a member desires an oral answer to a question at a shorter notice, he shall briefly state the reasons for asking the question with short notice. Where no reasons have been assigned in the notice of the question, the question shall be returned to the member.

(5) The member who has given notice of the question shall be in his seat to read the question when called by the Chairman and the Executive Councillor concerned shall give a reply immediately :

Provided that when a question is shown in the names of more than one member, the Chairman shall call the name of the first member or, in his absence, any other name.

(6) In other respects, the procedure for short notice question shall be the same as for ordinary questions for oral answer, with such modifications as the Chairman may consider necessary or convenient.


Rule54 No publicity of answers to questions in advance

Answers to questions which Executive Councillors propose to give in the Council shall not be released for publication until the answers have actually been given on the floor of the Council or laid on the Table.


Rule55 Asking for information to decide the admissibility of questions

The Chairman may, for the purpose of proper admission of a question, require the notice given of the question to furnish such information or clarification as may be considered necessary and the notice of question shall thereupon be deemed to have been given on the date on which such information or clarification is received in the office of the Chairman. The Chairman may also require the Administration to supply such information as may be considered necessary by him for deciding the admissibility of the question and such information shall be supplied forthwith.


Rule56 Treatment of questions which could not be answered due to elimination of the question hour

When the question hour is eliminated owing to the cancellation of a meeting of the Council or its adjournment without transacting any business, all the questions, both starred and unstarred, originally entered in the list of questions for that day shall be printed along with their answers in the proceedings of the latter day. When the question hour of a meeting is dispensed with but the meeting itself is not cancelled, all starred questions and their answers together with the answers of the unstarred questions, if any, shall be printed in the proceedings of that day.


Rule57 Answer to questions not fully answered to be laid on the table of the House

The answer to all questions not fully answered on their due date on account of the non-receipt of information, shall be laid on the Table of the Council on the opening day of the next session :

Provided that it shall not be necessary to lay on the Table of the Council answers to such questions asked in a session immediately preceding the dissolution of the Council whether such dissolution occurs by efflux of time or otherwise.


Rule58 Placing of question for oral answer in the list of questions in rounds

Questions in the name of a member in the list of questions for oral answer on a day shall be printed in three rounds or less according to the number of questions admitted in his name. Thus, all members who have questions in the list on any day shall have one question each entered in the first round and after completing all the members on the list, their second and third questions, if any, shall be appropriately placed in the second and third rounds respectively. Priority of questions inter se in each round shall be determined according to the time and date of receipt of the notices.


Rule59 Procedure for correcting answers to questions or statements made by E.Cs. on the floor of the Council

When an Executive Councillor wishes to correct any inaccuracy in the information which he has given-in answer to a starred/short notice question or a supplementary question or in debate, the following procedure shall be followed, namely :

(i) The Executive Councillor shall give to the Secretary notice of his intention to make a statement. The notice shall be accompanied by a copy of the statement proposed to be made by the Executive Councillor.

(ii) When the Council is in session, the Secretary shall include the item in the list of business on an appropriate day, and the Executive Councillor shall, when called upon by the Chairman, make the statement in the Council.

(iii) When the Council is not in session, the Secretary shall consider whether the statement shall be made by the Executive Councillor during the next session in which case the orders of the Chairman shall be taken. If the matter cannot wait till the next session, the statement shall be included in the official report of the proceedings of the Council and a foot-note given in the proceedings in the following manner :

"The original reply or statement by the Executive Council reads as follows : The reply as printed above was sent by the Executive Councillor afterwards in substitution of the original reply".

(iv) The Executive Councillor shall ordinarily intimate to the Secretary his intention to correct his answer or statement within one week thereof, provided that the Chairman may, on being satisfied with the reasons given, waive this requirement.

(v) The Chairman shall determine in each case whether the statement on the correction may be reported to the Council by the Executive Councillor or laid on the Table.


Rule60 Procedure for correcting answers to unstarred questions

When an Executive Councillor wishes to correct any inaccuracy in the information which he has given in reply to an unstarred question, the following procedure shall be followed, namely :

(i) The Executive Councillor shall give to the Secretary notice of his intention to correct the reply given to an unstarred question. The notice shall be accompanied by a copy of the statement proposed to be laid by the Executive Councillor.

(ii) When the Council is in session, the Secretary shall include the item in the list of questions for written answers on the appropriate date in the following manner : The Executive Councillor........ to lay a statement correcting the reply given on the........ 1968, to Unstarred Question No............ by Shri........... regarding................

(iii) The statement so laid by the Executive Councillor shall be included in the list of questions for written answers on the appropriate day at the end of answers to all unstarred questions. (iv) When the Council is not in session, the procedure laid down in rule 59 shall apply.


Rule61 Statements by Executive Councillors correcting answers given by them to questions

(1) Copies of the statement proposed to be made by an Executive Councillor correcting the answer given by him to a starred/short-notice question shall be placed in the Council Notice Office half-an-hour before the sitting of the Council on the day on which the statement is to be made, for the information of members.

(2) Copies of such statements shall be considered as confidential and shall not be released for publication until the statement is actually made.

(3) After the statement has been made, the Chairman may permit members to ask supplementary questions which are strictly relevant to the subject-matter of the correction made by the Executive Councillor.


CHAPTER 8 HALF-AN-HOUR DISCUSSION


Rule62 Discussion on a matter of public importance arising out of answers to question

(1) The Chairman shall allot half-an-hour on any day for raising discussion on a matter of sufficient public importance which has been the subject of a recent question in the Council, and the answer to which needs elucidation on a matter of fact.

(2) A member wishing to raise a matter shall give notice in writing to the Secretary three days in advance of the day on which the matter is desired to be raised and shall shortly specify the point that he wishes to raise :

Provided that the notice shall be accompanied by an explanatory note stating the reasons for raising discussion on the matter in question :

Provided further that the Chairman may with the consent of the Executive Councillor concerned waive the requirement concerning the period of notice.

(3) The Chairman shall decide whether the matter is of sufficient public importance to be put down for discussion.

(4) If more than two notices have been received and admitted by the Chairman, the Secretary shall hold a ballot with a view to drawing two notices and the notices shall be put down in the order in which they were received in point of time :

Provided that if any matter put down for discussion on a particular day is not disposed of on that day it shall not be set down for any further day, unless the member so desires in which case it shall be included in the ballot for the next available day.

(5) There shall be no formal motion before the Council nor voting. The member who has given notice may make a short statement and the Executive Councillor concerned shall reply shortly. Any member with the permission of the Chairman may put a question for the purpose of further elucidating any matter of fact :

Provided that if the member who has given notice is absent, any member with the permission of the Chairman may put a question for the purpose of further elucidating any matter of fact :

Provided that if the member who has given notice is absent, any member authorised by him in writing in this behalf may, with the permission of the Chairman, initiate the discussion.


CHAPTER 9

RESOLUTION


Rule63 Notice of resolution

(1) A member other than an Executive Councillor who wishes to move a resolution shall give ten clear days' notice of his intention and shall, together with the notice, submit the text or the resolution which he wishes to move :

Provided that the Chairman may allow it to be entered in the list of business with notice shorter than ten days.

(2) No member shall except with the permission of the Chairman be permitted to send in notice of more than five resolutions during the session of the Council.


Rule64 Form of resolution

A resolution may be in the form of a declaration of opinion, or recommendation; or may be in the form so as to record either approval or disapproval by the House of an act or policy of Government, or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by Government; or in such other form as the Chairman may consider appropriate.


Rule65 Subject-matter of resolution

Subject to the provisions of these rules, a member of an Executive Councillor may move a resolution, relating to a matter of general public interest in so far as it falls within the purview of the Council under sub-section (1) of section 22.


Rule66 Conditions of admissibility of resolution

In order that a resolution may be admissible, it shall satisfy the following conditions, namely :

(1) it shall be clearly and precisely expressed;

(2) it shall raise substantially one definite issue;

(3) it shall not contain arguments, inferences, ironical expressions, imputations, or defamatory statement;

(4) it shall not refer to the conduct or character of persons except in their official or public capacity; and

(5) it shall not relate to any matter which is under adjudication by a Court of Law having jurisdiction in any part of India.


Rule67 Chairman to decide admissibility of resolution

The Chairman shall decide whether a resolution or a part thereof is or is not admissible under these rules or a discussion on such a resolution or part thereof has or has not been prohibited by any rules made under the proviso to sub-section (1) of Section 24 and may disallow any resolution or a part "thereof when in his opinion it is an abuse of the right of procedure of the Council or is in contravention of the said rules.


Rule68 Raising discussion on matters before tribunals, commission; etc

No resolution which seeks to raise discussion on a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial function or any commission or court of enquiry appointed to enquire into or investigate any matter shall ordinarily be permitted to be moved :

Provided that the Chairman may in his discretion allow such matter being raised in the Council as is concerned with the procedure or subject or stage of inquiry if the Chairman is satisfied that it is not likely to prejudice the consideration of such matter by the tribunal or commission or court of enquiry.


Rule69 Moving of resolution

(1) A member in whose name a resolution stands on the list of business shall, except when he wishes to withdraw it, when called upon, move the resolution and shall co'mmence his speech by a formal motion in the terms appearing on the list of business.

(2) A member may, with the permission of the Chairman, authorise any other member, in whose name the same resolution stands lower in the list of business to move it on his behalf and the member so authorised may move it accordingly.

(3) If a member other than an Executive Councillor when called upon is absent, any other member authorised by him in writing in this behalf may with the permission of the Chairman, move the resolution standing in his name.


Rule70 Amendments

(1) After a resolution has been moved, any member may, subject to the rules relating to resolutions, move an amendment to the resolution.

(2) If notice of such amendment has not been given one day previous to the day on which the resolution is moved, any member may object to the moving of the amendment and such objection shall prevail, unless the Chairman allows the amendment to be moved.

(3) The Secretary shall, if time permits, make available to members from time to time lists of amendments of which notices have been received.


Rule71 Time-limits of speeches

No speech on a resolution shall, except with the permission of the Chairman, exceed ten minutes in duration :

Provided that the mover of a resolution when moving the same and the Executive Councillor concerned when speaking for the first time may speak for twenty minutes or for such longer time, as the Chairman may permit.


Rule72 Scope of discussion

The discussion on a resolution shall be strictly relevant to and within the scope of the resolution.


Rule73 Withdrawal of resolution and amendment

(1) A member in whose name a resolution stands on the list of business may, when called upon, withdraw the resolution and shall confine himself to a mere statement to the effect.

(2) A member Who has moved a resolution or amendment to a resolution shall not withdraw the same except with the leave of the Council.

(3) If a resolution which has been admitted is not discussed during the sitting, it shall be deemed to have lapsed.


Rule74 Splitting of resolution

When any resolution involving several points has been discussed, the Chairman may divide the resolution and put each or any point separately to the vote, as he may think fit.


Rule75 Repetition of resolution

(1) When a resolution has been moved, no resolution or amendment raising substantially the same question shall be moved within six months from the date of the moving of the earlier resolution.

(2) When a resolution has been withdrawn with leave of the Council, no resolution raising substantially the same question shall be moved during the same session.


Rule76 Copy of resolution passed to be sent to Administrator

A copy of every resolution which has been passed by the Council shall be forwarded to the Administrator.


CHAPTER 10 MOTIONS


Rule77 Discussion on a matter of public interest by motion

Save in so far as is otherwise provided by these rules, no discussion on a matter of public interest shall take place except on a motion made with the consent of the Chairman.


Rule78 Notice of motion

Notice of the motion shall be given in writing addressed to the Secretary.


Rule79 Conditions of admissibility of motions

In order that a motion may be admissible, it shall satisfy the following conditions namely :

(i) it shall raise substantially one definite issue;

(ii) it shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements;

(iii) it shall not refer to the conduct or character of persons except in their public capacity;

(iv) it shall be restricted to a matter of recent occurrence;

(v) it shall not revive discussion of a matter which has been discussed in the same session;

(vi) it shall not anticipate discussion of a matter which is likely to be discussed in the same session;

(vii) it shall not relate to any matter which is under adjudication by a Court of Law having judication in any part of India; and

(viii) it shall not relate to any matter not falling within ,the purview of the Council under sub-section (1) of section 22.


Rule80 Chairman to decide admissibility of motion

(1) The Chairman shall decide on the admissibility of a motion and may disallow a motion or a part thereof when in his opinion it does not comply with these rules or any rules made under the proviso to sub-section (1) of section 24.

(2) No motion which seeks to raise discussion on a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to enquire into or investigate any matter shall ordinarily be permitted to be moved :

Provided that the Chairman may, in his discretion, allow such matter being raised in the House as is concerned with the procedure or subject or stage of enquiry if the Chairman is satisfied that it is not likely to prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry.


Rule81 Circulation of No-Day-Yet-Named Motions

If the Chairman admits notice of a motion and no date is fixed for the discussion of such motion, it shall immediately be notified in the Bulletin with the heading "No-Day-Yet-Named Motion".


Rule82 Allotment of time for discussion of motions

The Chairman may after considering the state of business of the Council and in consultation with the Chief Executive Councillor allot a day or days or part of a day for the discussion of any such motion.


Rule83 Chairman to put question at the. appointed time

The Chairman shall at the appointed hour on the allotted day, or as the case may be, the last of the allotted days, forthwith put every question necessary to determine the discussion of the Council on the original question.


Rule84 Motion that policy or situation statement or any other matter be taken into consideration

A motion that the policy or situation or statement or any other matter be taken into consideration shall not be put to the vote of the Council, but the Council shall proceed to discuss such matter immediately after the mover has concluded his speech and no further question shall be put at the conclusion of the debate at the appointed hour unless a member moves a substantive motion in appropriate terms to be approved by the Chairman and the vote of the Council shall be taken on such motion.


Rule85 Time-limit for speeches

The Chairman may, if he thinks fit, prescribe a time-limit for speeches.


CHAPTER 11 DISCUSSION ON MATTERS OF URGENT PUBLIC IMPORTANCE FOR SHORT DURATION


Rule86 Notice of raising discussion

Subject to the provisions of sub-section

(1) of section 22 or of any rules made under the provision to sub-section (1) of section 24 any member desirous of raising discussion on a matter of urgent public importance may give notice in writing to the Secretary specifying clearly and precisely the matter to be raised.


Rule87 Chairman to decide admissibility

If the Chairman is satisfied after calling for such information from the member who has given notice and from the Executive Councillor as he may consider necessary that the matter is urgent and is of sufficient importance to be raised in the Council at an early date, he may admit the notice and in consultation with the Chief Executive Councillor fix the date and time on which such matter may be taken up for discussion. He shall announce the date and subject-matter of the notice in the Council and allow such time for discussion not exceeding two and a half hours as he may consider appropriate in the circumstances :

Provided that if an early opportunity is otherwise available for the discussion of the matter, the Chairman may refuse to admit the notice.


Rule88 No formal motion

There shall be no formal motion before the Council for voting. The member who has given notice may make a short statement and the Executive Councillor shall reply shortly. Any other member may be permitted to take part in the discussion.


Rule89 Time-limit for speeches

The Chairman may, if he thinks fit, prescribe a time-limit for speeches.


CHAPTER 12 CHAPTER


Rule90 Calling attention to matters of urgent, public importance

(1) A member may, with the previous permission of the Chairman, call the attention of an Executive Councillor to any matter of urgent public importance and the Executive Councillor may make a brief statement or ask for time to make a statement at a later hour or date.

(2) There shall be no debate on such statement at the time it is made.

(3) Not more than one such matter shall be raised at the same sitting.

(4) In the event of more than one matter being presented for the same day, priority shall be given to the matter which, in the opinion of the Chairman, is more urgent and important.

(5) The proposed matter shall be raised after the questions and before the list of business is entered upon and at no other time during the sitting of the Council.


CHAPTER 13 PROCEDURE IN LEGISLATIVE MATTERS


Rule91 Notice of motion relating to bills

(1) Any member desiring to move for leave to initiate any proposal referred to in clause (a) of sub-section (1) of section 22 shall give notice of his intention, and shall, together with the notice, submit a copy of a Bill containing such proposal and an explanatory Statement of Objects and Reasons which shall not contain arguments :

Provided that the Chairman may, in consultation with the member-in-charge, revise the Statement of Objects and Reasons.

(2) The period of notice of a motion under sub-rule (1) shall be one month unless the Chairman allows the motion to be made at a short notice :

Provided that in the case of an Executive Councillor the period of notice shall be seven days, unless the Chairman allows the motion to be made at a short notice.


Rule92 Financial Memorandum to Bills and money clauses in Bills

A Bill involving expenditure shall be accompanied by a financial memorandum which shall invite particular attention to the clauses involving expenditure and shall also give an estimate of the recurring and non-recurring expenditure involved in case the Bill is passed into law.


Rule93 Explanatory Memorandum to Bill delegating legislative power

A Bill involving proposals for the delegation of legislative power shall be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are normal or of exceptional character.


Rule94 Motion for leave to initiate proposal

If a motion under sub-rule (1) of rule 91 is opposed, the Chairman, after permitting, if he thinks fit a brief explanatory statement from the member who moves and from the member who opposes the motion, without further debate, put the question :

Provided that where a motion is opposed on the ground that the Bill pertains to legislation outside the competence of the Council, the Chairman may permit a full discussion thereon.


Rule95 Further discussion

When a motion under rule 94 is carried or on some subsequent occasion, the member-in charge may make one of the following motions in regard to his Bill : namely

(i) that it be taken into consideration; or

(ii) that it be referred to a Select Committee of the Council; or

(iii) that it be circulated for the purpose of eliciting opinion thereon

:

Provided that no such motion shall be made until after copies of the Bill have been made available for the use of members, and that any member may object to any such motion being made unless copies of the Bill have been so made available for two days before the day on which the motion is made, and such objection shall prevail, unless the Chairman allows the motion to be made.


Rule96 Discussion of principles of Bill

(1) On a motion referred to in rule 74 being made, the principles of the Bill and its provisions may be discussed generally, but the details of the Bill shall not be discussed further than is necessary to explain its principles.

(2) At this stage no amendments to the Bill may be moved, but

(a) if the member-in-charge moves that the Bill be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee of the Council or be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion

(b) if the member-in-charge moves that the Bill be referred to a Select Committee of the Council any member may move as an ame1ndment that the Bill be circulated for the purpose of eliciting opinion thereon by a date to be specified in the motion.


Rule97 Motions that may be moved after presentation of report of Select Committee

(1) After the presentation of the final report of a Select Committee of the House on a Bill, the member-in-charge may move

(a) that the Bill as reported by the Select Committee of the House be taken into consideration

;

(b) that the Bill as reported by the Select Committee of the House be re-committed to the same Select Committee or to a new Select Committee, either

(i) without limitation, or

(ii) with respect to particular clauses or amendments only; or

(iii) with instruction to the Committee to make some particular or additional provision in the Bill; or

(c) that the Bill as reported by the Select Committee of the House be circulated or re-circulated, as the case may be, for the purpose of eliciting opinion or further opinion thereon :

Provided that any member may object to any such motion being made if a copy of the report has not been made available for the use of members for two days before the day on which the motion is made and such objection shall prevail, unless the Chairman allows the motion to be made.

(2) If the member-in-charge moves that the Bill as reported by the Select Committee of the House be taken into consideration, any member may move as an amendment that the Bill be re-committed or be circulated or re-circulated for the purpose of eliciting opinion or further opinion thereon.


Rule98 Persons by whom motions in respect of Bills may be made

No motion that a Bill be taken into consideration or be passed shall be made by any member other than the member-in-charge of the Bill and no motion that a Bill be referred to a Select Committee of the House, or be circulated for the purpose of eliciting opinion thereon, shall be made by any member other than the member-in-charge :

Provided that if the member-in-charge of a Bill is unable, for reasons which the Chairman considers adequate, to move the next motion in regard to his Bill at any subsequent stage after introduction, he may authorise another member to move that particular motion with the approval of the Chairman.


Rule99 Scope of debate on report of Select Committee

The debate on a motion that the Bill as reported by the Select Committee of the House be taken into consideration shall be confined to consideration of the report of the Committee and the matters referred to in that report or any alternative suggestions consistent with the principal of the Bill.


Rule100 Notice of amendments

(1) If notice of an amendment has not been given one day before the day on which the Bill is to be considered any member may object to the moving of the amendment, and such objections shall prevail, unless the Chairman allows the amendment to be moved : Provided that in the case of an official Bill, an amendment, of which notice has been received from the member-in-charge, shall not lapse by reason of the fact that the member-in-charge has ceased to be an Executive Councillor or a member and such amendment shall be printed in the name of the new member-in-charge.

(2) The Secretary shall, if time permits, make available to members from time to time lists of amendments of which notices have been received.


Rule101 Procedure for carrying out of correction in Bills at various stages

No alteration shall be made in a Bill as introduced or in a Bill as reported by a Select Committee except by way of an amendment adopted in the Council:

Provided that the Chairman shall correct any obvious printing or clerical error at any stage of the Bill by issue of a corrigendum to the Bill.


Rule102 Conditions of admissibility of amendments

The following conditions shall govern the admissibility of amendments

(i)An amendment shall be within the scope of the Bill and relevant to the subject-matter of the clause to which it relates.

(ii) An amendment shall not be moved which has merely the effect of a negative vote.

(iii) An amendment shall not be inconsistent with any previous decision of the Council on the same question.

(iv) An amendment shall not be such as to make the clause which it proposes to amend unintelligible or ungrammatical.

(v) If an amendment refers to, or is not intelligible without a subsequent amendment or schedule, notice of the subsequent amendment or schedule, shall be given before the first amendment is moved so as to make the series of amendments intelligible as a whole

:

Provided that in order to save time and representation of arguments a single discussion may be allowed to cover a series of interdependent amendments.

(vi) The Chairman shall determine the order in which an amendment shall be moved.

(vii) The Chairman may refuse to propose an amendment which is, in his opinion, frivolous or meaningless.

(viii) An amendment may be moved to an amendment which has already been allowed by the Chairman.


Rule103 Power of Chairman to select new clauses or amendments

The Chairman shall have power to select the new clauses or amendments to be proposed, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him to form a judgment upon it.


Rule104 Arrangement of amendments

Amendments of which notice has been given, shall, as far as practicable, be arranged in the list of amendments issued from time to time in the order in which they may be called. In arranging amendments raising the same question at the same point of a clause, precedence may be given to an amendment moved by the member-in-charge of the Bill. Subject as aforesaid, amendments may be arranged in the order in which notice of them is received.


Rule105 Order of amendments

Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate.


Rule106 Mode of moving amendments

When a motion that a Bill be taken into consideration has been carried, any member when called upon by the Chairman may move an amendment to the Bill of which he has previously given notice.


Rule107 Withdrawal of amendments

An amendment moved may, by leave of the Council, but not otherwise, be withdrawn, on the request of the member moving it. If an amendment has been proposed to an amendment, the original amendment shall not be withdrawn until the amendment proposed to it has been disposed of.


Rule108 Submission of a Bill clause by clause

Notwithstanding anything in these rules, the Chairman may, when a motion that a Bill be taken into consideration has been carried, submit the Bill, or any part of the Bill, to the Council clause by clause.


Rule109 Postponement of clause

The Chairman may, if he thinks fit, postpone the consideration of a clause.


Rule110 Motion for recommendations

(1) When the clauses of a Bill have been adopted with or without amendments, the member-in-charge may at once move the Council to recommend the Bill to the Administration.

(2) To such a motion, no amendment may be moved which is not either formal, verbal or consequential upon amendment made after the Bill was taken into consideration.


Rule111 Scope of debate

The discussion on a motion that the Bill be recommended to the Administrator shall be confined to the submission of arguments either in support of the Bill or for the rejection of the Bill. In making his speech, a member shall not refer to the details of the Bill further than is necessary for the purpose of his arguments which shall be of a general character.


Rule112 Decision of the Council

(1) At the end of discussion, the Chairman shall put every question to determine the decision of the Council on the original question.

(2) The Chairman shall forward to the Administrator every decision under sub-rule (1) along with a copy of the Bill.


Rule113 Procedure in other matters

The procedure for consideration of proposals referred to in clause (b) or clause (c) of sub-section (1) of section 22 shall, as far as practicable, be the same as is provided in the foregoing rules, with such adaptations, whether by way of modification, addition or omission, as the Chairman may consider necessary or convenient.


CHAPTER 14 PROCEDURE IN FINANCIAL MATTERS


Rule114 Receipts and expenditure of administration and general discussion thereon

(1)Astatement showing the estimated receipts and expenditure pertaining to Delhi to be credited to and to be made from, the Consolidated Fund of India (hereinafter referred to as "the statement" shall be presented to the Council each year on such day as the Administration may direct.

(2) On a day appointed by the Chairman subsequent to the day on which the statement is presented and for such time as the Chairman may allot for this purpose, the Council shall be at liberty to discuss the statement as a whole or any question or principle involved therein.

(3) The Executive Councillor in charge of the Finance Department shall have a general right of reply at the end of the discussion.


Rule115 Resolution

After the general discussion is concluded, the Executive Councillor in charge of the Finance Department may move a resolution that the Council recommends the proposal contained in the statement.


Rule116 Amendments to the resolution

(1)Amendments to the resolution may be moved to reduce or enhance any demand for grant.

(2) When several amendments relating to the same demand for grant are offered, they shall be discussed in the order in which the heads to which they relate appear in the Budget.


Rule117 Discussion on the resolution and amendments

(1) The discussion on the resolution and on the amendments thereto, if any, of which notice may be given by members shall take place, not exceeding five days, as the Chairman may, in consultation with the Chief Executive Councillor, allot for the purpose.

(2)The Chairman shall, at the appointed hour on the allotted day or the last of the allotted days, as the case may be, forthwith put every question necessary to dispose of all the outstanding matters in connection with the resolution and the procedure shall not be anticipated by any motion for adjournment or be interrupted in any manner whatsoever nor shall any dilatory motion be moved in regard thereto.

(3)The Chairman shall forward to the Administrator a copy of the resolution passed by the Council.


Rule118 Procedure respecting the budget of the Delhi Development Authority

The procedure set out in rules 114 and 116 shall apply mutatis mutandis to the statement of estimated receipts and expenditure of the Delhi Development Authority.


CHAPTER 15 PRIVILEGES


Rule119 Questions of privilege

A member may, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Council or of a Committee thereof.


Rule120 Notice of question of privilege

A member wishing to raise a question of privilege shall give notice in writing to the Secretary before the commencement of the sitting on the day the question is proposed to be raised. If the question raised is based on a document, the notice shall be accompanied by the document.


Rule121 Conditions of admissibility of question of privilege

The right to raise a question of privilege shall be governed by the following conditions, namely :

(i) not more than one question shall be raised at the same sitting

(ii) the question shall be restricted to a specific matter of recent occurrence;

(iii) the matter requires the intervention of the Council.


Rule122 Mode of raising a question of privilege

(1) The Chairman, if he gives consent under rule 119 and holds that the matter proposed to be discussed is in order, shall, after the question and before the list of business is entered upon, call the member concerned who shall rise in his place and, while asking for leave to raise the question of privilege, make a short statement relevant thereto

:

Provided that where the Chairman has refused his consent under rule 119 or is of opinion that the matter proposed to be discussed is not in order, he may, if he thinks it necessary, read the notice of question of privilege and state that he refuses consent or holds that the notice of question of privilege is not in order

:

Provided further that the Chairman may, if he is satisfied about the urgency of the matter, allow a question of privilege to be raised at any time during the course of sitting after the disposal of questions.

(2) If objection to leave being granted is taken, the Chairman shall request those members who are in favour of leave being granted to rise in their places and if not less than ten members rise accordingly, the Chairman shall declare that leave is granted. If less than ten members rise, the Chairman shall inform the member that he has not the leave of the Council.


Rule123 Questions of privilege to be considered by the Council or Committee

If leave under rule 122 is granted, the Council may consider the question and come to a decision or refer it to a Committee of Privileges or a motion made either by the member who has raised the question of privilege or by any other member.


Rule124 Reference of question of privilege to Committee by Chairman

Notwithstanding anything contained in these rules, the Chairman may refer any question of privilege to the Committee of Privileges for examination, investigation or report.


CHAPTER 16 RESOLUTION FOR REMOVAL OF CHAIRMAN OR DEPUTY CHAIRMAN


Rule125 Notice of resolution for removal of Chairman or Deputy Chairman

(1) A member wishing to give notice of a resolution under clause (c) of sub-section (2) of section 12 of the Act for the removal of the Chairman or the Deputy Chairman shall do so in writing to the Secretary.

(2) On receipt of a notice under sub-rule (1) a motion for leave to move the resolution shall be entered in the list of business in the name of the member concerned on a day fixed by the Chairman, provided that the day so fixed shall be any day after fourteen days from the date of the receipt of notice of the resolution.


Rule126 Leave of Council to take up resolution

(1)Subject to the provisions of sub-section (1) of section 13, the Chairman or the Deputy Chairman or such other person, as is referred to in rule 10, shall preside when a motion under sub-rule (2) of rule 125 is taken up for consideration.

(2)The member in whose name the motion stands on the list of business shall except when he wishes to withdraw it, move the motion when called upon to do so but no speech shall be permitted at this stage.

(3)The Chairman or the Deputy Chairman or the person presiding, as the case may be, shall thereupon place the motion before the Council and shall request those members who are in favour of leave being granted to rise in their places. If not less than l/5th of the total number of the then members of the Council rise accordingly, the Chairman or the Deputy Chairman or the person presiding shall declare that leave has been granted and that the resolution will be taken up on such day, not being more than ten days from the date on which leave is asked for, as he may appoint. If less than l/5th of the total members of then members of the Council rise, the Chairman or the Deputy Chairman or the person presiding shall inform the member that he has not the leave of the Council.


Rule127 Inclusion of resolution in the list of business

On the appointed day, the resolution shall be included in the list of business to be taken up after the questions and before any other business for the day is entered upon.


Rule128 Time-limit for speeches

Except with the permission of the Chairman or the person presiding, a speech on the resolution shall not exceed fifteen minutes in duration :

Provided that the mover of the resolution when moving the same may speak for such longer time as the Chairman or the person presiding may permit.


CHAPTER 17 CHAPTER


Rule129 Communications from the Administrator to the Council

Communications from the Administrator to the Council shall be made to the Chairman by a written message signed by the Administrator or, if the Administrator is absent from the place of the sitting of the Council, his message shall be conveyed to the Chairman through an Executive Councillor.


Rule130 Communications from the Council to Administrator

Communications from the Council to the Administrator shall be made :

(1) by formal address after a motion made and carried in the Council, and

(2)through the Chairman.


CHAPTER 18 RESIGNATION AND VACATION OF SEATS IN THE COUNCIL AND LEAVE OF ABSENCE FROM THE MEETINGS OF COUNCIL


Rule131 Resignation of seat in Council

(1)A member who desires to resign his seat in the Council shall intimate, in writing under his hand, addressed to the Chairman and delivered to him in person, his intention to resign his seat in the Council in the following form and shall not give any reason for his resignation

"To

The Chairman,

Metropolitan Council,

Delhi
.

Sir,

I hereby tender my resignation of my seat in the Metropolitan Council with

effect from.

Yours faithfully,

Member of the Metropolitan Council

Place.

Date..

Provided that where any member gives any reason or introduces any extraneous matter, the Chairman may, in his discretion, omit such words, phrases or matter and the same shall not be read out in the Council.

(2) As soon as may be, the Chairman shall, after he has received an intimation from a member resigning his seat in the Council, inform the Council, that such and such member has resigned his seat in the Council

:

Provided that when the Council is not in session, the Chairman shall inform the Council immediately after the Council reassembles, that such and such member has resigned his seat in the Council during inter-session period.

(3) The Secretary shall, as soon as may be, after the Chairman has received such intimation from a member resigning his seat in the Council cause the information to be published in the Gazette and forward a copy of the notification

:

(a) to the Election Commission in the case of an elected member; and

(b) to the Central Government in the case of a nominated member for taking steps to fill the vacancy thus caused.


Rule132 Permission to remain absent from meetings of Council.

(1)A member wishing to obtain permission of the Council for remaining absent from meetings thereof under sub-section (3) of section 18 shall make an application in writing to the Chairman, stating the period for which he may be permitted to be absent from the meetings of the Council.

(2) After the receipt of an application under sub-rule (1), the Chairman shall, as soon as may be, read out the application to the Council and ask : "Is it the pleasure of the Council that permission be granted to such and such a member for remaining absent from all meetings of the Council for such and such a period?" If no one dissents, the Chairman shall say : "Permission to remain absent is granted." But if any dissentient voice is heard, the Chairman shall take the sense of the Council and thereupon declare the determination of the Council.

(3) No discussion shall take place on any question before the Council under this rule.

(4)The Secretary shall, as soon as may be, after a decision has been signified by the Council, communicate it to the member.


Rule133 Vacation of seats in Council

(1)The seat of a member may be declared vacant under sub-rule (3) of section 18 on a motion made by the Chief Executive Councillor or by such other member to whom he may delegate his functions in this behalf.

(2) If the motion referred to in sub-rule (1) is carried, the Secretary shall cause the information to be published in the Gazette and forward a copy of the notification

:

(a) to the Election Commission in the case of an elected member; and

(b) to the Central Government in the case of a nominated member; for taking steps to fill the Vacancy thus caused.


CHAPTER 19 RECOGNITION OF PARTIES


Rule134 Recognition of a Party or Group

The Chairman may recognise an association of members as a Party or Group for the purpose of functioning in the Council and his decision shall be final.


Rule135 Conditions for recognition of a party or group

In recognising a Party or Group, the Chairman shall take into consideration the following principles :

(i) An association of members who propose to form a Party

(a) shall have announced at the time of the general elections a distinct ideology and programme of work on which they have been returned to the Council;

(b) shall have an organisation both inside and outside the Council; and

(c) a party shall have at least a strength equal to the quorum fixed to constitute a sitting of the House, that is 15 members.

(

ii) An association of members to form a Council Group shall satisfy the conditions specified in parts (a) and (b) of clause (i) and shall have at least a strength of five members.


Rule136 Facilities to Parties and Groups

(1) The Chairman may grant the following facilities to a Party in the Council, namely :

(a) Allotment of seat in the Council in proportion to the strength of the Party and the total number of seats available in the Chamber.

(b) Allotment of a room in the Council premises for the purposes of the work of the Party pertaining to the Council.

(c) Allotment of Committee rooms or other available accommodation for holding party meetings

(d) Supply of Council or Government papers or publications which the Chairman may determine from time to time.

(e) Nomination to a Council Committee in proportion to the strength of the Party.

(f) Submission to the Chairman of a panel of names for selection of members to be- called to speak in debates.

(g) Consultation, where necessary in the matter of arrangement of business of the Council or any other important matter coming before the Council.

(2) The Chairman may grant such of the facilities specified in this rule as he may deem fit or feasible to a Group.

(3) The Chairman's decision in regard to the grant of facilities to a Party or Group shall be final.


Rule137 Other groups

An association of members who do not fulfil the conditions for recognition as Party or Group may be granted certain facilities by the Chairman, if such a course shall, in his opinion, facilitate the conduct of business in the House.


CHAPTER 20 COMMITTEES


Rule138 Appointment of Committee

(1) The members of a Committee shall be appointed or elected by the Council on a motion made, or nominated by the Chairman, as the case may be.

(2) No member shall be appointed to a Committee if he is not willing to serve on it. The proposer shall ascertain whether the member whose name is proposed by him is willing to serve on the Committee.

(3) Casual vacancies in a Committee shall be filled by appointment or re-election by the Council on a motion made, or nomination by the Chairman, as the case may be, and any member appointed, elected or nominated to fill such vacancy shall hold office for the unexpired portion of the term for which the member in whose place he is appointed, elected or nominated would have normally held office.


Rule139 Term of office of Committee nominated by the Chairman

A Committee nominated by the Chairman shall, unless otherwise specified in the rules contained in this chapter, hold office for the period specified by him until a new Committee is nominated.


Rule140 Resignation from Committee

A member may resign his seat from a Committee by writing under his hand, addressed to the Chairman.


Rule141 Chairman of Committee

(1) The Chairman of a Committee shall be appointed by the Chairman from amongst the members of the Committee : Provided that if the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee.

(2) If the Chairman of the Committee is for any reason unable to act, the Chairman may appoint another Chairman of the Committee in his place.

(3) If the Chairman of the Committee is absent from any sitting, the Committee shall choose another member to act as Chairman of the Committee for that sitting.


Rule142 Quorum

(1) The quorum to constitute a sitting of a Committee shall be, as near as may be, one-third of the total number of members of the Committee.

(2) If at any time fixed for sitting of the Committee, or if at any time during any such sitting, there is no quorum, the Chairman of the Committee shall either suspend the sitting until there is a quorum or adjourn the sitting to some future day.

(3) When the Committee has been adjourned in pursuance of sub-rule (2) on two successive dates fixed tor sittings of the Committee, the Chairman of the Committee shall report the fact to the Council

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Provided that where the Committee has been appointed by the Chairman, the Chairman of the Committee shall report the fact of such adjournment to the Chairman.


Rule143 Discharge of members absent from sittings of Committee

If a member is absent from two or more consecutive sittings of a Committee without the permission of the Chairman of the Committee, a motion may be moved in the Council for the discharge of such member from the Committee :

Provided that where the members of the Committee are nominated by the Chairman, such member may be discharged by the Chairman.


Rule144 Voting in Committee

All questions at any sitting of a Committee shall be determined by a majority of votes of the members present and voting.


Rule145 Casting vote of Chairman of the Committee

In the case of equality of votes on any matter, the Chairman of the Committee, or the person acting as such, shall have a second or casting vote.


Rule146 Power to appoint sub-committees

(1) A Committee may appoint one or more sub-committees each having the powers of the undivided committee, to examine any matters that may be referred to them, and the reports of such sub-committees shall be deemed to be the reports of the whole Committee, if they are approved at a sitting of the whole Committee.

(2) The order of reference to a sub-committee shall clearly state the point or points for investigation. The report of the sub-committee shall be considered by the whole Committee.


Rule147 Sittings of Committee

The sittings of a Committee shall be held on such days and at such hour as the Chairman of the Committee may fix : Provided that if the Chairman of the Committee is not readily available, the Secretary may fix the date and time of a sitting :

Provided further that in the case of a Select Committee on a Bill, if the Chairman of the Committee is not readily available, the Secretary may, in Consultation with the Executive Councillor concerned with the Bill, fix the date and time of a sitting.


Rule148 Sittings of Committee in private

The sittings of a Committee shall be held in private.


Rule149 All strangers to withdraw when Committee deliberates

All persons other than members of the Committee and officers of the Metropolitan Council Secretariat shall withdraw whenever the Committee is deliberating.


Rule150 Venue of sittings

The sittings of a Committee shall be held within the precincts of the Council, and if it becomes necessary to change the place of sitting outside the Council precincts, the matter shall be referred to the Chairman whose decision shall be final.


Rule151 Record of decisions of Committee

A record of the decisions of a Committee shall be maintained and circulated to members of the Committee under the direction of the Chairman of the Committee.


Rule152 Evidence, report and proceedings treated as confidential

(1)ACommittee may direct that the whole or a part of the evidence or a summary thereof may be laid on the Table.

(2) No part of the evidence, oral or written, report or proceedings of a Committee which has not been laid on the Table shall be open to inspection by anyone except under the authority of the Chairman.

(3) The evidence given before a Committee shall not be published by any member of the Committee or by any other member until it has been laid on the Table:

Provided that the Chairman may, in his discretion, direct that such evidence be confidentially made available to members before it is formally laid on the Table.


Rule153 Report of Committee

(1)Where the Council has not fixed any time for the presentation of a report by a Committee, the report shall be presented within one month of the date on which reference to the Committee was made :

Provided that the Council may at any time, on a motion being made, direct that the time for the presentation of the report by the Committee be extended to a date specified in the motion.

(2)Reports may be either preliminary or final.

(3) The report of the Committee shall be signed by the Chairman of the Committee on behalf of the Committee :

Provided that in case the Chairman of the Committee is absent or is not readily available, the Committee shall choose another member to sign the report on behalf of the Committee.


Rule154 Availability of report to Administrator before presentation

A Committee may, if it thinks fit, make available to the Administrator any completed part of its report before presentation to the Council. Such reports shall be treated as confidential until presented to the Council.


Rule155 Presentation of report

(1) The report of a Committee shall be presented to the Council by the Chairman of the Committee or in his absence by any member chosen by the Committee.

(2) In presenting the report, the Chairman of the Committee or in his absence, the member presenting the report shall, if he makes any remarks, confine himself to a brief statement of fact, but there shall be no debate on that statement at this stage.


Rule156 Printing, publication or circulation of report prior to its presentation to Council

The Chairman may, on a request being made to him and when the Council is not in session, order the printing, publication or circulation of a report of a committee although it has not been presented to the Council. In that case, the report shall be presented to the Council during its next session at the first convenient opportunity.


Rule157 Power to make suggestions on procedure

A Committee shall have power to pass resolutions on matters of procedure relating to that Committee for the consideration of the Chairman, who may make such variations in procedure as he may consider necessary.


Rule158 Power of Committee to make detailed rules

A Committee may with the approval of the Chairman make detailed rules of procedure to supplement the provisions contained in the rules in this Chapter.


Rule159 Power of Chairman to give directions

(1) The Chairman may from time to time issue such direction to the Chairman of the Committee as he may consider necessary for regulating its procedure and the organisation of its work.

(2) If any doubt arises on any point of procedure or otherwise, the Chairman of the Committee may, if he thinks fit, refer the point to the Chairman whose decision shall be final.


Rule160 Business before Committee not to lapse on prorogation of the Council

Any business pending before a Committee shall not lapse by reason only of the prorogation of the Council and the Committee shall continue to function notwithstanding such prorogation. Business Advisory Committee


Rule161 Constitution of the Business Advisory Committee

(1) The Chairman jnay, from time to time, nominate a Committee called the Business Advisory Committee consisting of eight members including the Chairman of the Council who shall be Chairman of the Committee.

(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.

(3) If the Chairman of the Council for any reason is unable to preside over any meeting of the Committee, he shall nominate a Chairman for the meeting.


Rule162 Filling of casual vacancies

Casual vacancies in the Committee shall be filled by the Chairman of the Council.


Rule163 Quorum

The quorum of the Committee shall be four.


Rule164 Functions of the Committee

(1)It shall be the function of the Committee to recommend the time that should be allocated for the discussion of the stage or stages of such official Bills and other business as the Chairman of the Council in consultation with the Chief Executive Councillor may direct for being referred to the Committee.

(2) The Committee shall have the power to indicate in the proposed time-table the different hours at which the various stages of the Bill or other business shall be completed.

(3) The Committee shall have such other functions as may be assigned to it by the Chairman of the Council from time to time.


Rule165 Presentation and circulation of the report of the Committee

The time-table in regard to the Bill or group of Bills or other business as settled by the Committee shall be reported by the Chairman of the Council to the Council and notified in the bulletin.


Rule166 Allocation of Time Order

As soon as may be after the report has been made to the Council, a motion may be moved by a member of the Committee designated by the Chairman of the Council "that this Council agrees with the allocation of time proposed by the Committee in regard to such and such Bill or Bills, or other business, as the case may be" and if such a motion is accepted by the Council, it shall take effect as if it were an order of the Council :

Provided that an amendment may be moved that the report be referred back to the Committee either without limitation or with reference to any particular matter

Provided further that more than half-an-hour shall be allotted for the discussion of the motion and no member shall speak for more than five minutes on such a motion.


Rule167 Disposal of outstanding matter at the appointed hour.

At the appointed hour in accordance with the Allocation of Time Order, for the completion of a particular stage of a Bill or other business, the Chairman of the Council shall forthwith put every question necessary to dispose of all the outstanding matters in connection with that stage of the Bill or other business.


Rule168 Variation in the allocation of Time Order

No variation in the allocation of Time Order shall be made except on a motion made with the consent of the Chairman and accepted by the Council :

Provided that the Chairman may, after taking the sense of the Council, increase the time, not exceeding one hour, without any motion being moved. Committee on Private Members' Bills and Resolutions


Rule169 Constitution of Committee on Private Members' Bills and Resolutions

(1) There shall be a Committee on Private Members' Bills and Resolutions consisting of not more than six members including the Chairman who shall be Chairman of the Committee.

(2) The Committee shall be nominated by the Chairman and shall hold office for a term not exceeding one year.


Rule170 Functions of Committee

(1)The functions of the Committee shall be :

(a)to carefully examine the nature, urgency and importance of all Private members' Bills after they are introduced in the Council and to recommend the time that should be allocated for the discussion of the stage or stages of each Bill and also to indicate in the time-table so drawn up the different hours at which the various stages of the Bill in a day shall be completed;

(b) to examine every private members' Bill which is opposed in the Council on the ground that the Bill initiates legislation outside the legislative competence of the Council, and the Chairman considers such objection prima facie tenable; and

(c) to recommend time limit for the discussion of private members' resolutions and other ancillary matters.

(2) The Committee shall perform such other function in respect of the private members' Bills and resolutions as may be assigned to it by the Chairman from time to time.


Rule171 Motion moved in Council on the report

At any time after the report has been presented to the Council, a motion may be moved that the Council agrees or agrees with amendments or disagrees with the report :

Provided that an amendment may be moved that the report be referred back to the Committee either without limitation or with reference to any particular matter

:

Provided further that not more than half an hour shall be allotted for discussion of the motion and no member shall speak for more than five minutes on such motion.


Rule172 Notification of classification and allocation of time

The allocation of time in respect of Bills and resolutions as approved by the Council shall take effect as if it were an order of the Council.


Rule173 Disposal of outstanding matters at the appointed hour

At the appointed hour, in accordance with the allocation of Time Order, the Chairman shall forthwith put every question necessafy to dispose of all the outstanding matters in connection with the completion of a particular stage of the Bill or the resolution, Select Committees


Rule174 Constitution of Select Committee

The members of a Select Committee on a Bill shall be appointed by the Council when a motion that the Bill be referred to a Select Committee is carried


Rule175 Other Members may be present at a sitting

Members who are not members of the Select Committee may be present during the deliberations of the Committee but shall not address the Committee :

Provided that an Executive Councillor may with the permission of the Chairman of the Committee address the Committee of which he may not be a member.


Rule176 Notice of amendments and procedure generally

(1) If notice of a proposed amendment has not been given before the day on which the Bill is taken up by the Select Committee, any member of the Committee may object to the moving of the amendment and such objection shall prevail unless the Chairman of the Committee allows the amendment to be moved.

(2) In other respects the procedure in a Select Committee shall, as far as practicable, be the same as is followed in the Council during the considerat stage of a Bill, with such adoptions, whether by way of modification, addit or omission, as the Chairman may consider necessary or convenient.


Rule177 Notice of amendments by members other than members Committee

When a Bill has been referred to a Select Committee, any notice given by a member of any amendment to a clause in the Bill shall stand referred to the Committee provided that where notice of amendment is received from a member who is not a member of the Select Committee, such amendment shall not be taken up by the Committee unless moved by a member of the Commit


Rule178 Power of Committee to take evidence

A Select Committee may hear expert evidence and representatives of special interest affected by the measure before them.


Rule179 Report of Committee

(1) As soon as may be, after a Bill has been referred to a Select Committee, the Select Committee shall meet from time to time in accordance with rule 147 to consider the Bill and shall make a rerport. thereon within the time fixed by the Council :

Provided that where the Council has not fixed any time for the presentation of the report by a Select Committee, the report shall be presented before the expiry of three months from the date on which the Council adopted the motion for the reference of the Bill to the Select Committee

Provided further that the Council may, at any time, on a motion being made, direct that the time for the presentation of the report by the Select Committee be extended to a date specified in the motion.

(2) The Select Committee shall in their report stute whether the publication of the Bill directed by these rules has taken place, and the date on which the publication has taken place.

(3) Where a Bill has been altered, the Select Committee may, if they think fit, include in their report a recommendation to the member in charge of the bill that his next motion should be a motion for circulation, or, where the Bill already been circulated, for recirculation.

(4) Any member of the Select Committee may record a minute of dissent on any matter or matters connected with the Bill or dealt with in the report

(5) A minute of dissent shall be couched in temperate and decorous language and shall not refer to any discussion in the Select Committee nor cast aspersion on the Committee.

(6) If, in the opinion of the Chairman, a minute of dissent contains words phrases or expressions which are unparliamentary or otherwise inappropriate,he may order such words, phrases, or expressions to be expunged from the minute of dissent.


Rule180 Presentation of report

The report of the Select Committee on a Bill together with the minutes of dissent, if any, shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee so authorised.


Rule181 Printing and publication of report

The Secretary shall cause every report of a Select Committee to be printed, and a copy of the report shall be made available for the use of every member of the Council. The report, and the Bill, as reported by the Select Committee, shall be published in the Gazette. Assurances Committee


Rule182 Functions of Committee on Government Assurances

There shall be a Committee on Government Assurances to scrutinise the assurances, promises, undertakings, etc. given by Executive Councillors, from time to time, on the floor of the Council to report on (a)

the extent to which such assurances, promises, undertakings, etc. have been implemented; and

(b) where implemented whether such implementation has taken place within the minimum time necessary for the purpose.


Rule183 Constitution of Committee

(1)The Committee shall consist of not more than nine members who shall be nominated by the Chairman :

Provided that an Executive Councillor shall not be nominated a member of the Committee, and that if a member, after his nomination to the Committee, is appointed an Executive Councillor, he shall cease to be a member of the Committee from the date of such appointment.

(2) The term of office of members of the Committee shall not exceed one year.


Rule184 Functions of Rules Committee

There shall be a Committee on Rules to consider matters of procedure and conduct of business in the Council and to recommend any amendments or additions to these rules that may be deemed necessary.


Rule185 Constitution of Committee

The Committee on Rules shall be nominated by the Chairman and shall consist of eleven members including the Chairman of the Committee. The Chairman shall be the ex-officio Chairman of the Committee.


Rule186 Recommendations of the Committee

(1) The recommendations of the Committee shall be laid on the Table and within a period of seven days, beginning with the day on which they are so laid, any member may give notice of any amendment to such recommendations.

(2) Any notice given by a member of any amendment to the recommendations of the Committee shall stand referred to the Committee who shall consider it and make such changes in their recommendation as the Committee may consider fit. The final report of the Committee after taking into consideration the amendments suggested by the members shall be laid on the Table. Thereafter, on the Council agreeing to the report on a motion made by a member of the Committee, the amendments to the rules as approved by the Council, shall be promulgated by the Chairman in the Bulletin.

(3)If notice of such amendment has not been given within seven days, the recommendations of the Committee shall be deemed to have been approved by the Council and on the expiry of the said period, the Chairman shall promulgate in the Bulletin the amendments to the rules as recommended by the Committee.

(4) The amendments to the rules shall come into force on their publication in the Bulletin unless otherwise specified. Committee of Privileges


Rule187 Constitution of Committee of Privileges

At the commencement of the Council or from time to time, as the case may be, the Chairman shall nominate a Committee of Privileges consisting of not more than seven members.


Rule188 Examination of question by Committee

(1)The Committee shall examine every question referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of breach, the circumstances leading to it and make such recommendations as it may deem fit.

(2) The report may also state the procedure to be followed by the Council in giving effect to the recommendations made by the Committee.


Rule189 Consideration of report

(1)After the report has been presented, the Chairman of the Committee or any member of the Committee or any other member may move that the report be taken into consideration whereupon the Chairman may put the question to the Council.

(2)Before putting the question to the Council, the Chairman may permit a debate on the motion, not exceeding half-an-hour in duration, and such debate shall not refer to the details of the report further than is necessary to make out a case for the consideration of the report by the Council.

(3)After the motion made under sub-rule (1) is agreed to, the Chairman of the Committee or any member of the Committee or any other member, as the case may be, may move that the Council agrees, or disagrees or agrees with amendments, with the recommendations contained in the reports.


Rule190 Priority for consideration of report of Committee

A Motion that the report of the Committee be taken into consideration shall be accorded the priority assigned to a matter of privilege under sub-rule (1) of rule 122 unless there has been undue delay in bringing it forward :

Provided that when a date has already been fixed for the consideration of the report, it shall be given priority as a matter of privilege on the day so appointed. General Purposes Committee


Rule191 Functions of the General Purposes Committee

There shall be a General Purposes Committee to consider proposals and to tender advice to the Chairman on important matters specially relating to improvement in the organisation of work in the Council.


Rule192 Constitution of the Committee

The General Purposes Committee shall be nominated by the Chairman and shall consist of seven members including leaders of various Parties and Groups in t he Council and other important members with the Chairman of the Council as its Chairman.


CHAPTER 21 GENERAL RULES OF PROCEDURE


Rule193 Notices by members

(1) Every notice required by rules shall be given in writing addressed to the Secretary, and signed by the member giving notice, and shall be left at the Council Notice Office which shall be open for this purpose between the hours notified from time to time on everyday except Sunday or a public holiday.

(2) Notices left when the office is closed shall be treated as given on the next opening day.


Rule194 Circulation of notices and papers to members

(1) The Secretary shall make every effort to circulate to each member a copy of every notice or other paper which is by these rules required to be made available for the use of members.

(2) A notice or other paper shall be deemed to have been made available for the use of every member if a copy thereof is deposited in such manner and in such place as the Chairman may, from time to time, direct.


Rule195 Lapse of pending notices on prorogation of a session

On the prorogation of a session, all pending notices, other than notice given under rule 91, shall lapse.


Rule196 Powers of Chairman to amend a notice

If, in the opinion of the Chairman, any notice contains words, phrases or expressions which are argumentative, unparliamentary, ironical, irrelevant, verbose, or otherwise inappropriate, he may, in his discretion, amend such notice before it is circulated.


Rule197 Repetition of motion

Amotion must not raise a question substantially identical with one on which the Council has given a decision in the same Session.


Rule198 Withdrawal of motion

(1) A member who has made a motion may withdraw the same by leave of the Council.

(2) The Chairman shall be signified not upon question but the Chairman taking the pleasure of the Council. The Chairman shall ask : "Is it your pleasure that the motion be withdrawn?" If no one dissents, the Chairman shall say : "The motion is by leave withdrawn". But if any dissentient voice be heard or a member rises to continue the debate, the Chairman shall forthwith put the motion :

Provided that if any amendment has been proposed to a motion, the original motion shall not be withdrawn until the amendment has been disposed of.


Rule199 Adjournment of debate on motion

At any time after a motion has been made a member may move that the debate on the motion be adjourned.


Rule200 Dilatory motion

(1) If the Chairman is of opinion that a motion for adjournment of a debate is an abuse of the rules of the Council, he may either forthwith put the question thereon from the Chair or decline to propose the question.

(2) If the Chairman is of opinion that a motion for recirculation of a Bill to elicit further opinion thereon is in the nature of dilatory motion in abuse of the rules of the Council inasmuch as the original circulation was adequate or comprehensive or that no circumstance has arisen since the previous circulation to warrant the re-circulation of the Bill, he may forthwith put the question thereon or decline to propose the question.

(3) If the Chairman is of opinion that a function for recommittal of a Bill to a Select Committee of the Council or circulation or re-circulation of the Bill after the Select Committee of the Council has reported thereon, is in the nature of a dilatory motion in abuse of the rules of the Council inasmuch as the Select Committee of the Council had dealt with the Bill in a proper manner or that no unforeseen or new circumstance has arisen since the Bill emerged from such Committee, he may forthwith put the question thereon or decline to propose the question.Amendments


Rule201 Scope of amendments

(1) An amendment shall be relevant to, and within the scope of, the motion to which it is proposed.

(2) An amendment shall not be moved which has merely the effect of a negative vote.

(3) An amendment on a question shall not be inconsistent with a previous decision on the same question.


Rule202 Notice of amendments

Notice of an amendment to a motion shall be given at least one day on which the motion is to be considered, unless the Chairman allows the amendment to be moved without such notice.


Rule203 Selection of amendments

(1) The Chairman may refuse to put an amendment which is in his opinion frivolous or meaningless.

(2) In respect of any motion, the Chairman shall have power to select the amendments to be proposed, and may, if he thinks fit, call upon any member who has given notice of an amendment to give such explanation of the object of the amendment as may enable him to form a judgment upon it. Rules to be observed by members


Rule204 Rules to be observed by members while present in the Council

Whilst the Council is sitting, a member

(i) shall not read any book, newspaper or letter except in connection with the business of the Council;

(ii) shall not interrupt any member while speaking by disorderly expression or noises or in any other disorderly manner;

(iii) shall bow to the Chair while entering or leaving the Council, and also when taking or leaving his seat;

(iv) shall not pass between the Chair and any member who is speaking;

(v) shall not leave the Council when the Chairman is addressing the Council;

(vi) shall always address the Chair;

(vii) shall keep to his usual seat while addressing the Council;

(viii) shall maintain silence when not speaking in the Council;

(ix) shall not obstruct proceedings, hiss or interrupt and shall avoid making running commentaries when speeches are being made in the Council;

(x) shall not applaud when a stranger enters any of the Galleries;

(xi) shall not while speaking make any reference to the stranger in any of the Galleries.


Rule205 Member to speak when called by Chairman

When a member rises to speak, his name be called by the chairman. if more members than one rise at the same time, the member whose name is so called shall be entitied to speak.


Rule206 Mode of addressing the Council

A member desiring to make any observations on any mattere the Council shall speak from his place, rise when he speaks and shall address the Chairman :

Provided that a member disabled by sickness or infirmity may be permitted to speak sitting.


Rule207 Rules to be observed while speaking

A member while shall not

(i) refer to any matter of fact on which a judicial decision is pending;

(ii) make a personal charge against a member;

(iii) use offensive expressions, about the conduct or proceedings ol the Council or Houses of Parliament or any State Legislature;

(iv) reflect on any decision of the Council except on a motion for rescinding it;

(v) reflect upon the conduct of the President or any Governor or Administrator of any Union Territory or the conduct of any Court of justice sitting as such;

(vi) use treasonable, seditious or defamatory words;

(vii) use his right of speech for the purpose of obstructing the business of the Council.


Rule208 Questions to be asked through the Chairman

When, for the purposes of explanation during discussion or for any other sufficient reason, any member has occasion to ask a question of another member on any matter then under the consideration of the Council, he shall ask the question through the Chairman.


Rule209 Irrelevance or repetition

The Chairman, after having called the attention of the Council to the conduct of a member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech.


Rule210 Personal explanation

A member may, with the permission of the Chairman, make a personal explanation although there is no question before the Council, but in this case, no debatable matter may be brought forward, and no debate shall arise.


Rule211 Procedure regarding allegation against a person

No allegation of a defamatory or incriminatory nature shall be made by a member against any persons unless the member has given previous intimation to the Chairman and also to the Executive Councillor concerned so that the Executive Councillor may be able to make an investigation into the matter for the purpose of a reply :

Provided that the Chairman may at any time prohibit any member from making any such allegation if he is of opinion that such allegation is derogatory to the dignity of the Council or that no public interest is served by making such allegation.


Rule212 Order of speeches and right of reply

(1) After the member who moves a motion has spoken, other members may speak on the motion in such order as the Chairman may call upon them. If any member who is so called upon does not speak, he shall not be entitled, except by the permission of the Chairman, to speak on the motion at any later stage of the debate.

(2) Except in the exercise of a right of reply or as otherwise provided by these rules, no member shall speak more than once on any motion, except with the permission of the Chairman.

(3) A member who has moved a motion may speak again by way of reply, and if the motion is moved by a private member, the Executive Councillor concerned may, with the permission of the Chairman, speak whether he has previously spoken in the debate or not, after the mover has replied :

Provided that nothing in this sub-rule shall be deemed to give any right of reply to the mover of an amendment to a Bill or a resolution, save with the permission of the Chairman.


Rule213 Mover's reply concludes debate

Subject to the provisions of sub-rule (3) of rule 212, the reply of the mover of the original motion shall in all cases conclude the debate.


Rule214 Address by Chairman

The Chairman may himself, or on a point being raised or on a request made by member, address the Council at any time on a matter under consideration in the Council with a view to aid members in their deliberations, and such expressions of views shall not be taken to be in the nature of decision.


Rule215 Procedure when Chairman rises

(1) Whenever the Chairman rises, he shall be heard in silence and any member who is then speaking or offering to speak shall immediately resume his seat.

(2) No member shall leave his seat while the Chairman is addressing the Council.


Rule216 Closure

At anytime after a motion has been made any member may move, "That the question be now put" and, unless it appears to the Chairman that the motion is an abuse of these rules or an infringement of the right of reasonable debate, the Chairman shall then put the motion : "That the question be now put."

(2) Where the motion : "That the question be now put" has been carried, the question or questions consequent thereon shall be put forthwith without further debate

Provided that the Chairman may allow a member any right of reply which he may have under these rules.


Rule217 Limitation of debate

(1) Whenever the debate on any motion in connection with a Bill or on any other motion becomes unduly protracted, the Chairman may, after taking the sense of the Council, fix a time limit for the conclusion of discussion on any stage or all stages of the Bill or the motion, as the case may be.

(2) At the appointed hour, in accordance with the time limit fixed for the completion of a particular stage of a Bill or a motion, the Chairman shall, unless the debate is sooner concluded, forthwith put every question necessary to dispose of all the outstanding matters in connection with that stage of the Bill or the motion. Question or Decision


Rule218 Procedure for obtaining decision of the Council

A matter requiring the decision of the Council shall be decided by means of a question put by the Chairman on a motion made by a member.


Rule219 Proposal and putting of question

When a motion has been made, the Chairman shall propose the question for consideration and put it for the decision of the Council. If a motion embodies two or more separate questions, those propositions may be proposed by the Chairman as separate questions.


Rule220 No speech after voice collected

A member shall not speak on a question after the Chairman has collected the voices both of the Ayes and of the Noes on that question.


Rule221 Papers quoted to be laid on the Table

If an Executive Councillor quotes in the Council a despatch or other official paper which he has not presented to the Council, he shall lay the relevant paper on the Table :

Provided that this rule shall not apply to any documents which are stated by the Executive Councillor to be of such a nature that their production would be inconsistent with public interest

:

Provided further that where an Executive Councillor gives in his own words a summary or gist of such despatch or Official Paper, it shall not be necessary to lay the relevant papers on the Table.


Rule222 Papers laid on the Table to be public

(1) A paper or document to be laid on the Table shall be duly authenticated by the member presenting it.

(2) All papers and documents laid on the Table shall be considered public.


Rule223 Statement by an Executive Councillor

Astatement may be made by an Executive Councillor on a matter of public importance with the consent of the Chairman but no question shall be asked at the time the statement is made.


Rule224 Division

. . (1)

On a conclusion of a debate, the Chairman shall put the question and invite those who are in favour of the motion to say "Aye" and i those against the motion to say "No".

(2) The Chairman shall then say : "I think the `Ayes` (or the `Noes`, as the case may be) have it". If the opinion of the Chairman as to the decision of a question is not challenged, he shall say twice : 'The Ayes (or the Noes, as the case may be) have it' and the question before the Council shall be determined accordingly.

(3) If the opinion of the Chairman as to the decision of a question is challenged, he may, if he thinks fit, ask the members who are for "Aye" and those for "No" respectively to rise in their places and on account of being taken, he may declare the determination of the Council. In such a case, the names of the votes shall not be recorded.

(4)

(a) If the opinion of the Chairman as to the decision of a question is challenged and he does not adopt the course provided for in sub-rule (3), he shall order a "Division" to be held.

(b) After the lapse of two minutes, he shall put the question a second time and declare whether in his opinion the "Ayes" or the "Noes" have it.

(c) If the opinion so declared is again challenged, votes shall be taken by the members going into lobbies.


Rule225 Division by going into the lobbies

(1) If the opinion declared under clause (b) of sub-rule (4) of rule 224 is challenged and the Chairman decides that the votes shall be recorded by the members going into the lobbies, he shall direct the "Ayes" to go into the Right Lobby and the "Noes" into the Left Lobby. In the "Ayes" or "Noes" Lobby, as the case may be, each member shall call out his Division Number and the Division Clerk, while marking off his number on the Division List, shall simultaneously call out the name of the member.

(2) After voting in the lobbies is completed, the Division Clerk shall hand over the Division Lists to the Secretary, who shall count the votes and present the totals of "Ayes" and "Noes" to the Chairman.

(3) A member who is unable to go to the Division Lobby owing to sickness or infirmity may, with the permission of the Chairman, have his vote recorded either at his seat or in the Members' Lobby.

(4) If a member finds that he has vote by mistake in the wrong Lobby, he may be allowed to correct his mistake provided he brings it to the notice of the Chairman before the rule of the Division is announced.

(5) When the Division Clerks have brought the Division Lists to the Secretary's table, a member who has not upto that time recorded his vote but who then wishes to have his vote recorded may do so with the permission of the Chairman.

(6) The result of a division shall be announced by the Chairman and shall not be challenged. Withdrawal and Suspension of Members


Rule226 Withdrawal of a member

The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council, and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting.


Rule227 Suspension of member

(1) The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rule of the Council by persistently and wilfully obstructing the business thereof.

(2) If a member is so named by the Chairman, he shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member (naming him) be suspended from the service of the Council for a period not exceeding the remainder of the session :

Provided that the Council may, at any time, on a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith withdraw from the precincts of the Council. The Chairman shall have full authority to carry out his order and he may, if necessary, employ or authorise the employment of necessary force in this regard.


Rule228 Power of Chairman to adjourn Council or suspend sitting

In the case of grave disorder arising in the Council, the Chairman may, if the thinks itnecessary to do so, adjourn the Council or suspend any sitting for a time to be named by him.


Rule229 Points of order and decisions

(1) A point of order shall relate to the interpretation or enforcement of these rules or such provisions of the Delhi Administration Act, 1966, as regulate the business of the Council and shall raise a question which is within the cognisance of the Chairman.

(2) A point of order may be raised in relation to business before the Council at the moment :

Provided that the Chairman may permit a member to raise a point of order during the interval between the termination of one item of business and the commencement of another if it relates to maintenance of order in, or arrangement of business before, the Council.

(3) Subject to conditions referred to in sub-rules (1) and (2), a member may formulate a point of order and the Chairman shall decide whether the point raised is a point of order, and if so, give his decision thereon, which shall be final.

(4) No debate shall be allowed on a point of order, but the Chairman may, if he thinks fit, hear members before giving his decision.

(5) A point of order is not a point of privilege.

(6) A member shall not raise a point of order

(a) to ask for information;

(b) to explain his position;

(c) when a question on any motion is being put to the Council;

(d) which may be hypothetical; or

(e) the Division Bells did not ring or were not heard.


Rule230 Raising a matter which is not a point of order

A member who wishes to bring to the notice of the Council any matter which is not a point of order shall give notice to the Secretary in writing stating briefly the point which he wishes to raise in the Council together with reasons for wishing to raise it and he shall be permitted to raise it only after the Chairman has given his consent and such time and date as the Chairman may fix.


Rule231 Chairman to preserve order and enforce decisions

The Chairman shall preserve order and shall have all powers necessary for the purpose of enforcing his decision.


Rule232 Report of proceedings of Council

The Secretary shall cause to be prepared a full report of the proceedings of the Council at each of its meetings, and as soon as practicable, publish it in such form and manner as the Chairman may, from time to time, direct.


Rule233 Expunction of words from debates

If the Chairman is of opinion that a word or words has or have been used in debate which is or are defamatory or indecent or unparliamentary or undignified, he may, in his discretion, order that such word or words be expunged from the proceedings of the Council.


Rule234 Indication in printed debates of expunged proceedings

The portion of the proceedings of the Council so expunged shall be indicated by asterisks and an explanatory footnote shall be inserted in the proceedings as follows :

"Expunged as ordered by the Chair".


Rule235 Secretary of Council to be Secretary of Committee

The Secretary of the Council shall be ex-qfficio Secretary of the Committees. He shall arrange to send notices for the conduct of all correspondence connected with their business.


Rule236 Officers of the Council entitled to admission to a sitting of the Council

Any officer of the Secretarial staff of the Council shall be entitled to admission to the Council Chamber during any sitting of the Council.


Rule237 Admission of strangers

The admission of strangers during the sittings of the Council to those portions of the Council which are not reserved for the exclusive use of members shall be regulated in accordance with orders made by the Chairman.


Rule238 Withdrawal of strangers

The Chairman, whenever he thinks fit, may order the withdrawal of strangers from any part of the Council.


Rule239 Residuary powers

All matters not specifically provided in these rules and all questions relating to the detailed working of these rules shall be regulated in such manner as the Chairman may, from time to time, direct.


Rule240 Suspension of rules

Any member may, with the consent of the Chairman, move that any rule may be suspended in its application to particular motion before the Council and if the motion is carried, the rule in question shall be suspended for the time being.


Rule241 Interpretation and removal of difficulties

If doubt arises as to the interpretation of any of the provisions of these rules, the decision of the Chairman shall be final.


Rule242 Procedure for incorporating corrections in the printed debates

(1) Where an amendment to a clause has been moved and adopted by the Council and subsequently the official Draftsman, while scrutinising the Bill, as passed, has suggested any correction which has been accepted by the Chairman as a patent error, such a correction shall be incorporated in the body of the amendment itself without any foot-note in the printed debate.

(2) Where the Chairman has accepted a correction suggested by the Official Draftsman relating to a clause and not to an amendment to a clause which has been adopted by the Council, such a correction shall be indicated with an appropriate footnote, in the printed debates as indicated below :

"In view of the amendment to clause.....part ( ) of sub-clause ( ) of clause (as the case may be) adopted by the Council, the words "....." occurring in clause......./part ( ) of sub-clause ( ) of clause....... (as the case may be) were omitted or inserted as patent errors under the direction of the Chairman."


Rule243 Intimation to Chairman by magistrate of arrest, detention etc. of a member

When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court or is detained under an executive order, the committing judge, magistrate or executive authority, as the case may be, shall immediately intimate such fact to the Chairman indicating the reasons for the arrest, detention or conviction, as the case may be, as also the place of detention or imprisonment of the member.


Rule244 Intimation to Chairman of release of member

When a member is arrested and after conviction released on bail pending an appeal or otherwise released, such fact shall also be intimated to the Chairman by the authority concerned.


Rule245 Treatment of communication received from magistrate

As soon as may be the Chairman shall, after he has received a communication referred to in rule 243 or rule 244, read it out in the Council if in session, or if the Council is not in session, direct that it may be published in the Bulletin for the information of the members :

Provided that if the release of a member either on bail or by discharge on appeal is received before the Council has been informed of the original arrest, the fact of his arrest, or his subsequent release or discharge may not be intimated to the Council by the Chairman.

Procedure regarding service of a legal process and arrest within the precincts of the Council.


Rule246 Arrest within the precincts of the Council

No arrest shall be made within the precincts of the Council without obtaining the permission of the Chairman.


Rule247 Service of legal process

A legal process, civil or criminal, shall not be served within the precincts of the Council without obtaining the permission of the Chairman. Incorrect Statements Made in the House.


Rule248 Procedure for inviting attention of the Council to incorrect statements made by the Executive Councillor or members

(1) A member wishing to point out any mistake or inaccuracy in a statement made by an Executive Councillor or any other member shall, before referring to the matter in the Council, write to the Chairman pointing out the particulars of the mistake or inaccuracy and seek his permission to raise the matter in the Council.

(2) The member may place before the Chairman such evidence as he may have in support of his allegation.

(3) The Chairman may, if he thinks fit, bring the matter to the notice of the Executive Councillor or the member concerned for the purpose of ascertaining the factual position in regard to the allegation made.

(4) The Chairman may then, if he thinks it necessary, permit the member who made the allegation to raise the matter in the Council and the member so permitted shall, before making the statement, inform the Executive Councillor or the other member concerned.

(5) The Executive Councillor or the member concerned may make a statement in reply with the permission of the Chairman and after having informed the member concerned.


Rule249 Anticipating Discussion

No member shall anticipate the discussion of any subject of which notice has been given provided that in determining whether a discussion is out of order on the ground of anticipation, regard shall be had by the Chairman to the probability of the matter anticipated being brought before the Council within a reasonable time.


DELHI

ADMINISTRATION ADVERTISEMENT RULES, 1978

The Lt. Governor, Delhi is pleased to make the following rules for regulating the conditions for the release of advertisements to newspapers etc., and fixation of rates in respect thereof, namely :


Rule1 Rule

These rules may be called Delhi Administration Advertisement Rules, 1978.


Rule2 Rule

(a) In these Rules an "approved paper" means paper approved by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broadcasting for release of advertisements by Delhi Administration.

(b) "Director" means the Director of Information and Publicity, Delhi Administration, Delhi, in so far as advertisements from the Directorate of Information and Publicity and other officers of the Administration are concerned and the Director of Family Welfare relating to the advertisements from his office.

(c) "Administration" means Delhi Administration.

(d) "Advertisement" means any advertisement whether classified or display released by Delhi Administration.

(e) "Paper" means any printed periodical work containing public news registered under the Press and Registration of the Books Act, 1867 (Central Act 25 of 1867).


Rule3 Rule

The Director will release display advertisements as per the guideline approved by the Executive Council from time to time to the Newspapers, Journals and Magazines on the rates as approved by Delhi Administration taking into consideration the rates fixed by the Directorate of Advertising and Visual Publicity on the basis of circulation of the paper, the strata of the society it caters the importance of the space to be utilised and other factors.


Rule4 Rule

The Director will release advertisements involving expenditure not exceeding Rs. 500/- in each case.


Rule5 Rule

(i) All departments of Government other than the Courts of Law shall, unless immediate publication by them is necessary to avert any direct resultant loss to the Government, will send their advertisements for publication in the approved papers to the Director sufficiently in advance to the date by which day they are intended to be published stating generally the field of operation of the advertisements without specifically mentioning the names of the approved papers in which they are to be published (a Department which gives advertisements directly, in order to avoid resultant loss, may give a certificate to the effect and intimate it to the Director).

(ii) All advertisements received by the Director, shall normally be released to the approved papers in the form in which they have been received, but the Director shall, whenever necessary, with a view to economise space, waive the right to make essential amendments in the layout and composition thereof.


Rule6 Rule

The Director may also release advertisements to the souvenir or year book published in Delhi upto a maximum of Rs. 500/- in each case, but such releases shall not be made to oblige any party or simply to finance any organisation. The total expenditure on this account would not exceed 10 per cent of the budget provision allocated specifically for the release of the advertisements. Prior approval of the Chief Executive Councillor will be obtained for releasing advertisements to these publication.


Rule7 Rule

The Director shall determine the rate of advertisements to be given in souvenirs, year books etc., keeping in view all relevant factors including the size of the advertisement, its publicity potential, circulation, the strategic importance of the page on which the advertisement is to be published etc.


Rule8 Rule

In selecting Newspapers, Magazines and periodicals for Government advertisements and campaigns, due regard shall be paid to :

(a) effective circulation (normally papers having a paid circulation below 1000 are not used),

(b) regularity in publication (normally a period of six months" uninterrupted publication),

(c) class of readership,

(d) adherence to accepted standards of journalistic ethics, and

(e) other factors such as pulling power, production standards, the language and areas intended to be covered within the available funds.


Rule9 Rule

Where it is considered necessary or expedient in public interest to do so, the Director may, notwithstanding anything contained in these rules, release advertisement to any new paper/magazine if such advertisement is considered necessary, with the prior approval of the Chief Executive Councillor.


Rule10 Rule

Payment of bills of advertisements pertaining to the Directorate of Information and Publicity will be made by the Director. Payment of bills pertaining to other advertisements shall be made by the concerned Department that sends the advertisements, to the Director for release.


Rule11 Rule

No payment shall be made of any bills, if the advertisement to which it relates has been :

(a) published after the expiry of the date by which it was required to be published,

(b) published incorrectly, and

(c) without obtaining written order of the Competent Authority.


Rule12 Rule

The Director shall see that an approved paper does not contravene the above rules and for this purpose, he may

(a) verify the circulation, regularity etc., of the approved papers with the statistics maintained by the Registrar of Newspapers of India,

(b) consult the Central Press Council or the Accreditation Committee of Delhi Administration, if he entertains doubts that the approved paper is not following the required ethical standard of publishing distorted news with a view to malign Delhi Administration


Rule13 Rule

If any approved paper does not remain true to or contravenes any of the conditions specified above, the Director may remove for ever or for a specific period the name of the paper and no Government advertisement shall thereafter, or during such period as ordered, be released to such papers.


Rule14 Rule

Rules circulated vide this Administration's letter No F. 2 (39/74 PRD, dated 20th September are hereby cancelled.


DELHI

ADMINISTRATION ACCOUNTS SERVICE(GRADE II)RULES, 1982


DELHI

ADMINISTRATION ACCOUNTS SERVICE(GRADE II)RULES, 1982


PART 1 GENERAL


Rule1 Short title and commencement

(i) These rules may be called the Delhi Administration Accounts Service (Grade) Rules, 1982.

(ii) They shall come into force with effect from the date of their publication in the Official Gazette.


Rule2 Definitions

In these rules, unless the context otherwise requires

(a) "Administration" means the Delhi Administration.

(b) "Administrator" means the Administrator of Delhi appointed by the President under article 239 of the Constitution.

(c) "Appointing Authority" means the Secretary.

(d) "Cadre" means the group of posts specified in the Schedule.

(e) "Chief Secretary" means the Chief Secretary of the Administration.

(f) "Commission" means the Union Public Service Commission.

(g) "Departmental Officer" means the officer of the Administration who have passed SAS Examination.

(h) "Duty post" means any post specified in the Schedule and any other temporary or permanent post declared as such by the Administrator from time to time. Any duty post may be excluded from the Cadre by the Administrator from time to time.

(i) "Finance Department" means the Finance Department of the Administration.

(j) "Grade"means any of the grades specified in rule 3(2).

(k) "Institute" means the Northern Zonal Accountancy Training Institute, Jammu or any other department of Delhi Administration which provides training in SAS in the Union Territory of Delhi.

(l) "Member of the Service" means a person appointed in a substantive capacity in either grade under provisions of rule 5 or 7 and includes a person appointed on probation.

(m) "SAS Examination" means the Subordinate Accounts Service Examination held by the Complroller and Auditor Genaral of India of the Departmental Examination of Junior Accounts Officer held by the Controller General of Accounts, Ministry of Finance or the Training Institute, Jammu or by any other Department of Delhi Administration.

(n) "Schedule" means the Schedule appended to these rules.

(0) "Secretary" means the Secretary in the Finance Department of this Administration.

(p) "Selection Board" means the Selection Board constituted under rule 10.

(q) "Service" means the Delhi Administration Accounts Service (Grade II).

(r) "Subordinate Service" means the Delhi Administration Subordinate.


Rule3 Constitution of Service and its classification

(1) On and from the date of commencement of these rules there shall be constituted a Central Civil service to be known as the Delhi Administration Accounts Service (Grade II).

(2) The Service shall have one grade namely-Grade II.

(3) The posts shall be Central Civil posts in Group C.

(4) Members of the Service shall, in the normal course be eligible only for appointment to the various grades of the service to which they belong and not to any other service.


PART 2 STRENGTH OF SERVICE

PART Rule4 Authorised strength of the service


PART 3 INITIAL CONSTITUTION OF SERVICE


PART Rule5.

The Service shall be initially constituted in the manner specified below.

(1) (Deleted)

(2) Appointment to Grade II

(a) 75 per cent of the vacancies in Grade II shall be filled from officers of Grade II and III of the Subordinate Service who have passed SAS Examination.

(b) 25 per cent of the vacancies shall be filled from Junior Accounts Officers [Including SAS Accountant/Section Officers, (Accounts) serving with Delhi Administration (whether with deputation allowance or otherwise] on the date of coming into force of these rules, who possess SAS Qualification or held equivalent post under any Department of the Central Government.

Provided that the appointment to the service of the Officers who are not borne on the cadre of the Administration shall be made only with their written consent and approval of the cadre controlling authority.


Rule6 Seniority of persons appointed at the time of Initial Constitution of Service

(i) The seniority of the members of Service borne on the Cadre of Delhi Administration and appointed under Rule 5, shall be determined with reference to the date of passing the SAS Examination (Batch wise); and

(ii) If two or more officers have passed the SAS Examination from the same date and or in the same Batch, they shall be ranked inter-se in order of their relative seniority in the Subordinate Service Cadre.

(iii) The relative seniority of the Officers not borne on the cadre of Delhi Administration but opt for absorption in the service will be determined with reference to their date of regular appointment as SAS Accountant/Junior Accounts Officers in the Parent department :

Provided that the inter-se-semority of the promotees, i.e., the officers belonging to Delhi Administration and that absorbed by transfer will be determined in accordance with the provisions of rule 22 of these Rules.


PART 4 METHOD OF RECRUITMENT


Rule7.

After the initial constitution of the Service has been completed in accordance with rule 5, further recruitment shall be made in the manner as indicated hereunder:

The vacancies shall be filled in by promotion from Grades II, III and IV officials of the Delhi Administration Subordinate Service and Stenographers in the scale of pay of Rs. 1200-2040 and Rs. 1400-2300 who have passed SAS/JAO (common) examination conducted by Northern Zonal Accountancy Training Institute Jammu/Delhi Admn. through Controller General of Accounts, Govt. of India :

Provided that nothing in this rule shall preclude the Administration from filling in any vacancy by deputation of regular SAS Accountants/Junior Accounts Officers from various Audit/Accounts Departments in accordance with the orders/instructions of the Central Government issued from time to time : Provided further that where the Administrator is of the opinion that it is necessary or expedient to do so, he may, by order and for reasons to be recorded in writing, relax any of the provisions of this rule with respect of any person or class/category of persons or post(s).


Rule8 Physical Fitness

No candidate shall be appointed in Grade II of the service unless he is declared after such medical examination as the Administration may prescribe, to be free from any mental or physical defect likely to interfere with the discharge of the duties of the service, unless he has already been examined by the competent medical authority at the time of his entry into Government service and declared fit.


Rule9 Appointment to the Grade in order of merit

Subject to the provisions of these rules, the candidates included in the approved list(s) shall be appointed to the grade in order of merit.


Rule10 Constitution of Selection Board

Recruitment and promotion shall be made on the recommendation of the Selection Board consisting of

1. Secretary Finance Chairman

2. Controller of Accounts Member

3. Joint Secretary (Services) Member

4. Officer belonging to the Scheduled Castes or Scheduled Tribes nominated by the Department of the Administration Member

5. Deputy Secretary Finance (A/cs) Member-Secretary


Rule11 Condition for eligibility arid procedure for selection.

(1) The Selection Board shall consider from time to time cases of officers eligible under rule 7 who have served in the respective grade in accordance with the provisions contained therein after taking into account the actual vacancies at the time of selection and those likely to accrue during a year.

(2) The names of persons included in the list shall be arranged in order of preference.

(3) The lists so prepared shall be forwarded by the Selection Board to the appointing authority.


Rule12.

All appointments to the service shall be made on the basis of the lists prepared in accordance with rules 5 and 7 and not against any specified posts included in the Service. The appointing authority shall allocate the persons borne on the list to various officers of the Administration.


Rule13.

No person(s) who has enacted into or contracted a marriage with any person having a spouse living or (b) who, having a spouse living, has entered into or contracted marriage with any person shall be eligible for appointment to service, provided that the Administrator may, if satisfied that such marriage is permissible under the personnel law applicable to person and the other party to the marriage and there are other grounds for so doing, exempt a person from the operation of this rule.


Rule14 Period of Probation

(i) Every person appointed under rules 5 and 7 to any grade of service shall be on probation for a period of two years.

(ii) The appointing authority may in the case of any officer extend the period of probation by one year for exceptional reasons to be recorded in writing, but total period of probation in no case should exceed double the normal period specified in sub-para (1) above.

(iii) An officer on probation shall be liable to be discharged from service at any time after he has been given opportunity to show cause against proposed action.

.

(iv) An officer on probation who holds a lien on any permanent post under the Central Government or the Administration may, if so desired during the period of probation, have the option to revert back to his parent department after giving such notices as may be prescribed by the Administration.


Rule15 Officiating appointment

Selection for officiating appointment If at any time the Chief Secretary is of the opinion that the number of officers available in the list of Grade II referred to in rule 7 and rule 11 for appointment to duty posts is not adequate having regard to the vacancies in such posts, he may direct the Selection Board to consider the cases of officers who have been officiating for a period of not less than three years in the lower grade, and prepare a separate list of the officers selected. The selection for the inclusion in the list shall be based on merit and suitability, in all respects for officiating appointments to duty posts giving due regard to seniority.


PART 5 MISCELLANEOUS


PART : FILLING UP POSTS OF THE SERVICE Rule16 .

(1) If a member of the service is not available for holding a duty post, the post may be filled on officiating basis

(a) by the appointment of any officer, included in list referred to in rule 11; or

(b) if no such officer is available, by the appointment of any officer included in the list prepared under rule 15.

(2) Where the exigencies of the situation so demand, the appointing authority may, for reasons to be recorded in writing, appoint a person holding analogous or similar posts under the Central Government or a State Government on deputation for a period not exceeding three years.

(3) Notwithstanding anything contained in these rules, the appointing authority may make appointment on a duty post as a local arrangement for a period not exceeding six months from officers who are eligible for inclusion in the list under rule 11 or rule 15.


Rule17 Transfer of member of the service

The appointing authority may transfer the cadre officers to any office of the Administration from time to time.


Rule18 Allocation of duty post

The Secretary shall allocate such member of duty posts to various offices of the Administration as may be deemed necessary by him from time to time.


Rule19 Special provision for the members of the Scheduled Castes and Scheduled Tribes

The reservation of the posts for the members of the Scheduled Castes and Scheduled Tribes in Grade II shall be 15 per cent and 7.5 per cent of the vacancies for Scheduled Castes and Scheduled Tribes respectively, This would be subject to any amendment made in this behalf by the Government of India from time to time.


Rule20 Posting of Cadre officers

Every cadre officer shall, unless he is on leave or otherwise not available for holding a duty post, be posted against a duty post of Grade II in the service.


Rule21 Duty post to be held by Cadre Officers

Subject to rule 16, every duty post in the cadre shall be held by a cadre officer of Grade n or any officer appointed to officiate under these rules.


Rule22 Relative seniority of promotees vis-a-vis transferees

Save as otherwise provided in these rules, the inter-se seniority of the members of the service appointed to any grade substantively or in temporary capacity under rules 5 and 7 shall be determined in the following manner : Promotee

(i) The relative seniority of the persons promoted to the service is to be determined in the order of their selection for such promotion : Provided that where persons promoted initially on a temporary basis are confirmed subsequently in the order of merit indicated at the time of their promotion seniority shall follow the order of confirmation and not the original order of merit.

(ii) Where the promotions to a grade are made from more than one grade, the eligible persons are to be arranged in separate lists in the order of their relative seniority in the irrespective grades. Thereafter, the Departmental Promotion Committee/Staff Selection Board shall select these persons for promotion on each list and arrange all the candidates selected from the different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher Grade.

Explanation. Where.promotions are made on the basis of selection by a Departmental Promotion Committee/Staff Selection Board, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee/Board. Where, however, a person is considered as unfit for promotion and is superseded by a junior, such person shall not, if he is subsequently found suitable and promoted take seniority in the higher grade over the junior person who has superseded him. Transferee The relative seniority of persons appointed by transfer to the service, from the offices of Central Government or State Government/Union Territory Administration shall be determined in accordance with the order of their selection, after their deputation period is terminated, and options thereof obtained from their absorption. They shall be ranked below all promotees, selected on the same occasion.


Rule23 Confirmation in service

A person who has been declared to have satisfactorily completed his period of probation may be confirmed in the service subject to availability of post.


Rule24 Pay and Allowances

The scale of pay attached to the service shall be- Rs. 500-20-700-EB-25-900 or as may be prescribed by the Central Government from time to time.

(i) The initial pay of a direct recruit shall be the initial pay in the time scale mentioned in this rule.

(ii) The pay of a promoted officer shall be fixed in the aforesaid time scale in accordance with the Fundamental Rules.

(iii) Dearness and other allowances shall be determined in accordance with the rules/orders issued by the Government of India from time to time on the subject for officers of the Administration.


Rule25 Regulation

The Administrator may make regulations not inconsistent with these rules to provide for all matters for which provision is necessary or expedient for purpose of giving effect to the rules.


Rule26 Oath

Every member of the service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as established by law.


Rule27 Residuary matters

In regard to any matter not specifically covered by these rules or any regulation or orders issued thereunder or by special orders, the members of the Service shall be governed by the rules, regulations and orders applicable to corresponding officers of the Central Civil Service in general.


Rule28 Interpretation

If any question arises as to the interpretation of these rules, the same shall be decided by the Administrator, Delhi.


PART 6 TRANSITIONAL ARRANGEMENT


PART Rule29 Transitional provision

(1) On and from the commencement of these rules and until persons are appointed to hold duty posts in accordance with the provisions of these rules, such posts may continue to be held by officers appointed thereto either before or after commencement of these rules as if these rules have not come into force.

(2) This rule shall cause to be in force after a period of three months from the date of such appointment.


Rule30 Power to relax.

Where the Administrator is of the opinion that it is necessary or expedient to do so, he may, by order, for reasons to be recorded in writing relax any of the provisions of these rules with respect to any class or category of persons or posts.


SCHEDULE 1 SAS ACCOUNTANTS/JUNIOR ACCOUNTS OFFICERS (GRADE II)

SCHEDULE

1st vacancy

By promotion

2nd vacancy

By promotion

3rd vacancy

By direct recruitment


DELHI

ADMINISTRATION ACCOUNTS SERVICE(GRADE I)RULES, 1983


DELHI

ADMINISTRATION ACCOUNTS SERVICE(GRADE I)RULES, 1983


Rule1 Short title and commencement

(1) These rules may be called the Delhi Administration Accounts Service (Grade I) Rules, 1983.

(2) They shall come into force with effect from the date of their publication in the Official Gazette.


Rule2 Definitions

In these rules, unless the context otherwise requires

(a) "Administration" means the Delhi Administration.

(b) "Administrator" means the Administrator of Delhi, appointed by the President under Article 289 of the Constitution.

(c) "Controlling Authority" means the Secretary in the Finance Department of Delhi Administration.

(d) "Chief Secretary" means the Chief Secretary of the Administration.

(e) "Commission" means the Union Public Service Commission.

(f) "Departmental Officer" means the officers borne on the regular cadre strength of the Administration who have passed the SAS Examination.

(g) "Duty Post" means any post, whether permanent or temporary included in Schedule I.

(h) "Subordinate Accounts Service (SAS) Examination" means the examination held by the Comptroller and Auditor General of India or the Departmental Examination of Junior Accounts Officer held by the Controller General of Accounts, Ministry of Finance or the Training Institute, Jammu or by any other Department of Delhi Administration.

(i) "Schedule" means the Schedule appended to these rules.

(j) "Service" means the Delhi Administration Accounts Service (Grade I).


Rule3 Constitution of the Delhi Administration Accounts Service (Grade I)

There shall be constituted a Service known as the Delhi Administration Accounts Service (Grade I) consisting of persons appointed to the service under Rules 6 and 7. All the posts included in the service shall be in the scale of Rs.840-40-1000-EB-40-1200 and classified as Group 'B' (Gazetted) Posts.


Rule4 Grades, Authorised Strength and its Review

(1) The break-up of the duty posts included in the Service and the names of the participating organisations in which these posts exist under the Administration shall be as specified in Schedule I.

(2) The Administrator may make temporary additions or deletions to the strength of the duty posts as deemed necessary from time to time.

(3) the Administrator may in consultation with the Commission include in the Service any post other than those included in Schedule I or exclude from the Service a post included in the said Schedule.

(4) The Administrator may, in consultation with the Commission appoint an officer whose post is included in the Service under sub-rule (3) of this rule to the Service in a temporary capacity or in a substantive capacity, as may be deemed fit, and fix his seniority in the grade after taking into account continuous regular service, in the analogous grade.


Rule5 Members of the Service

(1) The following persons shall be the members of the Service, namely

(a) Persons appointed to the posts under sub-rule (4) of Rule 4.

(b) Persons appointed to the posts under Rule 6.

(c) Persons appointed to the posts under Rule 7.

(2) A person appointed under clause (b) of sub-rule (1) shall on such appointment be deemed to be the member of the service.

(3) A person appointed to a duty post after commencement of the rule shall be a member of the Service from the date of such appointment.


Rule6 Initial Constitution of the Service

(1) 75 per cent of the vacancies on duty posts of the service at the initial constitution shall be filled in the following manner :

(2) The Commission shall constitute a Selection Committee with the Chairman or a Member of the Commission as Chairman and not more than two representatives of appropriate status to be nominated by the Chief Secretary as Members. The Selection Committee shall determine the suitability of the departmental candidate holding on regular basis duty posts included in the Service and prepare a list, containing names of officers, arranged in order of preference, according to the length of the regular service, considered suitable for appointment to the Service at its initial constitution. These officers shall be placed senior to those selected in the manner specified in sub-rule (3) below;

(3) For making appointments against the remaining vacancies, if any, in the Service at its initial constitution, the Selection Committee constituted under sub-rule (2) above shall hold selection for determining the suitability of candidates holding posts in the Delhi Administration Accounts Service (Grade II) who have put in a minimum of five years regular service in the grade. The service, if any, rendered in Grade II of the Accounts Service or in a higher post after passing the SAS Examination, by such officers shall also be taken into account for the purpose of reckoning the above qualifying service of five years. The Committee shall prepare a list in the order of merit, of candidates considered suitable for appointment to the Service at its initial constitution such officers who shall be placed en-bloc junior to those selected under sub-rule (2).

(4) The Selection Committee shall submit to the Commission the select list prepared vide sub-rules (2) and (3) above. On receipt of the said select lists, the Commission shall forward its recommendations for appointment of the officers to the Service to the Controlling Authority.

(5) The departmental candidates referred to in sub-rules (2) and (3) above who do not desire to be absorbed in the Service, shall, within a period of months from the dates of commencement of these rules, communicate the same to the Controlling Authority and they shall thereafter be deemed to continue to hold the posts held by them immediately before the commencement of these rules and for this purpose such posts shall be treated to have been excluded from the Service for so long as they hold the said posts.

(6) The suitability of departmental candidates referred to in sub-rules (2) and (3) above, who are not found suitable for appointment to the Service at the initial constitution shall be determined subsequently every year by the Selection Committee which shall be constituted in the manner as prescribed in sub-rule (2)

Explanation. The absence of a Member other than Chairman or a Member of the Commission shall not invalidate the proceedings of the Selection Committee.

(7) Accounts Officers (Including Pay and Accounts Officer/Audit Officers) who, on the date of commencement of these rules, are working in the Administration on deputation basis (whether on deputation allowance or otherwise) and are willing to be absorbed in the Service will be eligible to be considered for appointment against the 25 per cent of the vacancies in the Service provided such officers make a written request in this regard within three months from the date of commencement of these rules and their parent departments have no objections to the request being considered.

(8) The suitability of officers referred to in sub-rule (7) above for appointment to the service at the initial constitution shall be determined by the Selection Committee which shall be constituted in the manner as prescribed in sub-rule (2). The Selection Committee shall prepare a list of officers considered suitable for such appointment and submit the same to the Commission. On receipt of the said select list, the Commission shall forward its recommendations for appointment of officers to the Service to the Controlling Authority. Such officers shall be placed en-bloc junior to those selected under sub-rules (2) and (3) above.

(9) To the extent the authorised regular strength of the Service is not filled at the time of the initial constitution, it shall be filled in accordance with Rule 7.


Rule7 Future Maintenance of the Service

(1) After the initial constitution of the service has been completed by the appointment of the officers in accordance with Rule 6, vacancies in the Service shall be filled by promotion from officers of the Delhi Administration Accounts Service (Grade II) who have put in a minimum of five years of regular service in the grade. The service, if any, rendered in Grade II of the Accounts service or in a higher post after passing SAS Examination, by such officers who were holding posts in the Delhi Administration Accounts Service (Grade II) on regular basis on the date of commencement of these rules shall also be taken into account for the purpose of reckoning the above qualifying service of five years.

(2) The appointment by promotion shall be made by selection on the recommendations of the Departmental Promotion Committee constituted in accordance with the composition specified in Schedule II.

(3) In case departmental officers are not eligible for promotion, the Controlling Authority may appoint to a duty post in the Service by transfer on deputation officers holding analogous posts of SAS Accountants with five years service in the grade from any of the organised Central Accounts Departments. The period of deputation including the period of deputation in any other ex-cadre post held immediately preceding this appointment in the same organisation/department shall not exceed three years.


Rule8 Seniority

(1) The seniority of officers who are appointed to the Service at the initial constitution shall be determined in the order in which they are selected for appointment by the Selection Committee referred to in Rule 6 and approved by the Commission.

(2) The seniority of persons recruited to the Service after the initial constitution shall be determined in accordance with general instructions issued by the Central Government in the matter from time to time.

(3) The seniority of persons appointed to the Service in accordance with sub-rule (4) of Rule 4 shall be fixed in the manner prescribed therein.

(4) In cases not covered by the above provision, seniority shall be determined by the Administration in consultation with the Commission.


Rule9 Probation

(1) Every person on appointment to the Service shall be on probation for a period of two years : Provided that the Controlling Authority may extend or curtail the period of probation in accordance with the instructions issued by the Central Government from time to time :

Provided further that any decision for extension of the period of probation of an officer should be taken within eight weeks after the expiry of the previous probationary period and communicated in writing to the concerned officer together with the reason for so doing within the said period.

(2) On completion af the period of probation or any extension thereof, persons shall, if considered fit for permanent appointment, be retained in their appointment on a regular basis and be confirmed in due course against the available substantive vacancies.

(3) During the period of probation referred to in sub-rule (1) or any extension thereof, as the case may be, if the Controlling Authority is of the opinion that an officer is not fit for permanent appointment, it may revert the officer to the post held by him prior to his appointment to the Service.

(4) During the period of probation or any extension thereof, officers may be required by the Administration to undergo such courses of training and instructions and to pass such examinations and tests (including examination in Hindi) as it may deem fit, as a condition to satisfactory completion of the probation.


Rule10 Appointment to the Service, Postings and Transfer of Members of the Service

All appointments to and postings in the Service shall be made by the Controlling Authority who may also transfer officers to any office of the Administration from time to time. The conditions of service of the members of the Service in respect of matters for which no provision is made in the Rules shall be the same as are applicable from time to time to officers of the Administration in general.


Rule11 Disqualification

No person

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service, provided that the Administration may, if satisfied that such marriage is permissible under the personnel law applicable to such person and other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.


Rule12 Power to relax

Where the Administrator is of the opinion that it is necessary or expedient so to do, he may by order, for reasons to be recorded in writing and in consultation with the Commission, relax any of the provisions of these rules with respect to any class or category of persons.


Rule13 Saving

Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for persons belonging to the Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time.


Rule14 Interpretation

If any question relating to interpretation of these rules arises, it shall be decided by the Administration.


Rule15 Repeal

The Delhi Administration Accounts Service Rules, 1982, insofar as they relate to posts to which these rules are applicable, are hereby repealed.


SCHEDULE 1 SCHEDULE 1

SCHEDULE[See sub-rule (1) of Rule 4] SCHEDULE I

[See sub-rule (1) of Rule 4]

The break-up of the duty posts included in the Delhi Administration Service (Grade I) and the names of the participating organisations in which these posts exist under the Delhi Administration.

s i .no.

Name of the Organisations

No. of posts

Name of the posts

1.

Pay and Accounts Organisation

30

Accounts Officer/ Pay and Accounts Officer

2.

Directorate of Audit

14

Accounts Officer

3.

Delhi Administration

1

Accounts Officer

4.

Directorate of Education

4

Accounts Officer

5.

Land & Building

1

Accounts Officer (Finance Officer)

6.

Directorate of Industries

1

Accounts Officer

(Finance Officer)

7.

Directorate of Transport

1

Accounts Officer

8.

Commissioner of Police

1

Financial Officer to Commissioner of Police

9.

Food & Supplies

1

Accounts Officer

10.

L.N.J.P. Hospital

1

Accounts Officer

11.

Directorate of Training and TechnicalEducation

1

Accounts Officer

12.

Sales Tax

1

Accounts Officer

13.

Development Department

1

Accounts Officer (Asstt. Development Commissioner A/Cs.)

14.

G.B. Pant Hospital

1

Accounts Officer

15.

Flood Control Department

1

(Financial Advisor-cum-Accounts Officer)

16.

Directorate of Social Welfare

1

Accounts Officer

17.

Office of the Chief Rehabilitation Service

1

Deputy Chief (Accounts)

18.

Directorate of N.C.C.

1

Accounts Officer

Total :

63


SCHEDULE 2 SCHEDULE 2

SCHEDULE[See sub-rule (2) Rule 7] SCHEDULE II

[See sub-rule (2) Rule 7]

Group 'B' Departmental Promotion Committee for considering cases oi promotion to and confirmation in duty posts included in the Delhi Administration Accounts Service (Grade).

1.

Finance Secretary

Chairman

2.

Labour Commissioner

Member

3.

Controller of Accounts, Delhi Administration

Member

4.

Joint Secretary (Services)

Member

5.

Deputy Secretary Finance (Accounts)

Member


ADMINISTRATOR GENERALS (UNION TERRITORY OF DELHI) RULES, 1972


ADMINISTRATOR GENERALS (UNION TERRITORY OF DELHI) RULES, 1972


Rule1 Short title

These rules may be called the Administrator-General's (Union Territory of Delhi) Rules, 1972.


Rule2 Definitions

In these rules, unless there is anything repugnant in the subject or context

(a) "The Act" means the Administrator-General's Act, 1963, (No. 45 of 1963), as amended by Act No. 2 of 1972.

(b) "Administrator-General" means the Administrator-General of the Union territory of Delhi and any other territory or successor Government as may be notified from time to time.

(c) "Court" means the High Court or District Court and includes any court, tribunal or authority.

(d) "Bank" means the State Bank of India or any other Scheduled Bank where securities or monies of an estate may have been lodged.

(e) "Deputy Administrator-General" means the Deputy Administrator-General of the Union Territory of Delhi when so appointed.

(f) "Government" means the Government of Union Territory of Delhi.

(g) "Official Gazette" means the Gazette of Delhi,

(h) "Section" means a section of the Act.

(i) "Treasury" means the Government Treasury at Delhi or New Delhi.


Rule3 Prescribed authority under section 52

The Secretary to Government, Union Territory of Delhi in the Judicial Department, shall be the prescribed authority for the purposes of sef on 52 of the Act.


Rule4 Certain officers and horities to report death, etc. to the District Magistrate

Every officer or local authority upon whom the duty of registering deaths has been imposed by or under any law, shall, upon receiving information of the death of any person to whom the Administrator-General's Act applies, report the fact of such death without delay to the District Magistrate together with the following particulars as far as they may be known to him

(a) Date of death and the amount and nature of the assets left by the deceased;

(b) whether or not the deceased left a Will, and, if so in whose custody it is; and

(c) the names and addresses of the surviving next-of-kin of the deceased.


Rule5 Burial or cremation to be reported to the District Magistrate

Any person who performs the burial ceremony or cremation of a person to whom the Administrator-General Act applies shall report the burial or cremation without delay to the District Magistrate.


Rule6 District Magistrate to make enquiry and report death, etc. to the Administrator-General

Upon receiving any rules report, or upon receiving in any other manner information of the death of any person to whom the Administrator-General's Act applies, the District Magistrate shall forthwith report to the Administrator-General, and shall cause to be made such further enquiry, as may be necessary, for the purpose of ascertaining the particulars specified in rule 4 and may direct the Superintendent of Police to make any such enquiry. He shall report the results of such enquiry to the Administrator-General as soon as it is complete.


Rule7 Subject of Foreign States

On receipt of notice of the death of any person who was, or who the Administrator-General has reason to suppose may have been, the subject of any Foreign State to which the provisions of section 56 of the Act apply the Administrator-General shall forthwith give notice of such death to the Consular Officer of such Foreign State at Delhi. In any such case, the Administrator-General shall take no steps to administer or in any way deal with such estate except for safe custody without the consent of such Consular Officer or until he has expressed his intention of non-moving in the matter in accordance with section 56.


Rule8 District/Local Authority to assist Administrator-General

The District and Local Authorities are required to assist the Administrator-General in the performance of his duties and administration of estates in such manner as the Administrator-General may direct for protection, safe custody and disposal of properties or assets of the deceased or for any other purpose in the discharge of his official dudes.


Rule9 Steps to be taken under sections 8, 9 and 10

(1) On receipt of information through the District and Local Authorities or otherwise, the Administrator-General shall proceed to take steps in accordance with the provisions of sections 8, 9 and 10 of the Act : Provided that, when the name and address of the executor or xt-of-kin is known to the Administrator-General, the Administrator-General shal to proceed in the administration and he has communicated with such executor or next-of-kin in order to ascertain whether the process to apply for administration and until a reasonable time has elapsed for the receipt of a reply to such communication; and where a reply in the affirmative has been received, until the expiration of such future time as would admit of an application for administration being made.

(2) Notwithstanding anything in clause (1), the Administrator-General may take immediate action under section 9 if in his opinion, such a course is necessary to protect the estate.


Rule10 Contest of application for letters of administration before a court

When an application is made to the High Court for letters of administration by any person other than the next-of-kin of the deceased, or for letters of administration other than letters pendente lite to any court by a creditor, a legatee other than a universal legatee or a friend of the deceased, a citation with a copy of the application and its annexures shall be for6warded to the Administrator-General, who shall context the application for letters of administration under section 8 of the Act, if he considers the adoption of such a course necessary for his preferential right.


Rule11 Cost receivable by Administrator-General

When an application is made by any person to the High Court or District Court for Probate or letters of administration with or without a copy of the Will annexed, a citation with a copy of application with annexures shall issue to the Administrator-General to enable him to ascertain his preference, bona fides of such application and to file objections or to contest the same should such a course be deemed necessary. The Administrator-General shall be entitled to receive costs for such appearance out of the estate unless the court directs otherwise.


Rule12 Deposit of expenses by an applicant for administration of estate

Any next-of-kin executor, universal legatee or person interested in the estate of the deceased may request the Administrator-General in writing to obtain Probate or letters of administration with or without a Will annexed to the estate of the deceased and the Administrator-General after ascertaining the position of the assets, possibility of contest and expense involved, may proceed to do so and, if he considers so necessary he may require the applicant to deposit such amount for expenses as may be required from time to time until he obtains administration. The amount so deposited will be adjusted in due course of the administration of; the estate.


Rule13 Transfer of estate from Administrator-General

Any private executor or administrator desiring to transfer the estate of which he has obtained probate or letters of administration from the Administrator-General, shall do so by executing an instrument of transfer duly stamped with particulars of accounts and assets and when Administrator-General has accepted it, such transfer shall be notified in the Gazette.


Rule14 Fee payable to Administrator-General for appearing as counsel

Whenever the Administrator-General appears in .Court on behalf of estate with a view to obtain letters of Administration or Probate or conducts proceedings in connection with the administration of estates, then in addition to- the fees chargeable under section 41 of the Act and prescribed by Rule 24 Schedule V of the Rules, shall be entitled to a personal fee as counsel chargeable to such estate or estates at the following rates which shall not be credited to the- public account of the State or Administration

(1) For each case, fee at 2% of the value of the claim subject to a minimum of Rs.75/

Provided that in case decided without contest, the fee shall be half subject to a minimum of Rs. 50/-

(2) For an application moved in court, Rs. 35/- if it is not in a pending case mentioned in (1) above. Provided that no fee shall be payable for an application which is merely of a routine nature.

(3) For any other matter not covered by this rule, such fee as the court may allow.


Rule15 Notice under section 23

(1) The notice to be given under section 23 sub-section (1) of the Act shall be in the form prescribed in Schedule IV toi these rules or as nearly as may be expedient and shall be advertised in such newspapers as the Administrator-General thinks fit, provided that more than one estate may be included in the same notice.

(2) Notice of rejection or disallowance of a claim under section 23 sub-section (3) of the Act shall be given by a letter addressed to the creditor at the address given by him in his communications or other known address, by registered post. In no event shall the funds of the estate be distributed if there be any doubt as to the sufficiency thereof, until the expiration of one month from the date of the service of notice under section 23(3).


Rule16 Procedure of payment to creditor

(1) As soon as the Administrator-General is in a position to pay the creditors in full, or in insolvent cases when he has realised all the assets, he shall forward a special notice to each creditor whose claim has been admitted together with a receipt for the amount payable to him for his signature, whether such receipt represents the total amount of his claim of a dividend. Such notice shall be sent to the creditor at his last known address. On presentation of the receipt duty signed and accompanied by a registry certificate if one has been issued to the creditor unless the non-production of the latter is satisfactorily explained, the amount shall be paid to the creditor.

(2) Should the registry certificate be issued and produced, it shall be retained if the payment is made in full; but where only a dividend is paid, it shall be returned to the creditor with an endorsement thereon showing the amount of dividend so paid.

(3) A notice similar to the one mentioned in clause (1) shall be forwarded to every creditor of an estate whose claim has been admitted but has not been paid in full, whenever further assets in such estates have been realised and the Administrator-General is in a position to pay a further dividend on the admitted claim.

(4) When any creditor to whom citation or notice under clause (1) or (3) has been issued or sent, has not within three months from the date of notice requested payment of the amount payable on his claim, such amount shall remain in deposit to the credit of the creditor. If not claimed within three years of the date of notice such amount or such portion thereof as can conveniently be invested, may be invested in securities or shares until it is transferred to the Register of Unclaimed Assets or Miscellaneous Ledger as' the Administrator-General considers appropriate.


Rule17 Payment to persons abroad

All payments to beneficiaries, next-of-kin and other claimants abroad, who are outside India, shall be made through the Reserve Bank of India and respective Ambassadors or High Commissioners for India abroad, who will act as official agent to the Administrator-General for the purpose.


Rule18 Application under section 29 or 30

Application for a certificate under section 29 or 30 shall be made on petition with an affidavit, which shall bear a stamp of the value of three rupees and shall disclose

(a) the full name and place and date of death of the deceased;

(b) the name and address of the applicant;

(c) full particulars of the assets in respect of which a certificate is applied for and the value thereof;

(d) full names and addresses of the heirs and next-of-kin to the deceased with relationship; and

(e) whether the deceased has left a will or otherwise.

(f) particulars of liabilities against the estate of the deceased as far as known to the applicant;

(g) statement whether application has been made for probate of the will or for letters of administration relating to the estate in any court, and with what result;

(h) an undertaking that the applicant will administer the estate according to the law;

(i) such other information and particulars, together with such documents, as may be required by the Administrator-General in any particular case; and

(j) in the case of an application under section 30, full particulars of the debt and a statement whether any security, and, if so, what is held for the debt together with full particulars of the claims of other creditors and an undertaking that the applicant will pay all debts as required by law and that if there should be a surplus after satisfying all claims, he will make it over to the legal heir of the deceased, and that failing such an heir, he will remit the surplus amount with a statement of account to the Administrator-General.


Rule19 Advertisement of certificate under section 29 or 30

When an application is made to the Administrator-General for a certificate under the provisions of section 29 or 30 of the Act, he shall have a general citation pasted on the Notice Board of his office and if he considers it likely that the will may be contested or that the granting of certificate to the applicant may be objected to, have the notices sent to parties or have the citation advertised if he considers it so necessary, or if he is requested to do so by the applicant or any other person before or during the pendency of the proceedings, advertise the same in such newspapers as he thinks fit. A period of at least fifteen days shall be fixed in the citation unless the Administrator-General by an order in writing reduces such period and no certificate shall be granted before expiry of the period specified in the citation. Should the circumstances warrant, the period mentioned in the citation may be extended.

In cases where a citation is to be advertised in newspapers by request or by an order of the Administrator-General, the cost shall be deposited by the applicant within a period to be fixed by the Administrator-General, failing which the proceedings shall abate for default.


Rule20 Regard to be had to wishes of relatives and others as to the disposal of assets

The Administrator-General shall dispose of the assets of an estate either under his direct superviser or through such person or local official as may appear suitable to him, and . doing so, he shall, if the estate does not appear to be insolvent, have regard to the wishes of the persons who are entitled to a share of the estate concerning the reservation of such articles as may be desired by such persons, provided that such wishes are made known to him before the disposal of the property, unless he considers that such a course would be prejudicial to the administration of the estate or would conflict with the interest of some other interested person. Unless the estate is insolvent, no specific legacy shall be sold without a reference to the person to whom it is bequeathed, but such a reference may be omitted when there are not sufficient funds to pay the statutory charges :

Provided that nothing contained in this rule shall prevent the immediate disposal of livestock or other assets subject to speedy or natural decay of articles, the storage of which cannot conveniently be arranged for or would involve disproportionate expenditure.


Rule21 Security to be furnished by certain persons

The Administrator-General may require any person who is entrusted with the receipt or custody of money or property belonging to an estate to furnish such security as the Administrator-General may deem expedient with due regard to the responsibility of such person.


Rule22 General Purposes Fund

(1) There shall be a General Purposes Fund for the purpose of meeting expenses with regard to stamp duty, payment of fees to counsel and personal fee in connection with any litigation suit, proceeding, or application to be filed or contested in any court. Such expenses or fees so defrayed or paid shall be recouped out of the estate concerned when administration of such estate is taken over by the Administrator-General as far as possible and where for any reason such expenses or fees cannot be recouped, a statement to that effect will be submitted to the Government. This register may be maintained in form No. 2A as specified in Schedule I.

(2) When the Administrator-General takes over the administration of any estate, he may permit advances out of the General Purposes Fund in order to meet the initial expenses of administration and such advances shall in due course be recovered from the estate concerned or adjusted, if found irrecoverable from the General Purposes Fund.


Rule23 Personal fee payable to Administrator-General

Whenever the Administrator-General goes out of station for the work of any estate under administration, then in addition to fees chargeable under section 41 and prescribed by rule 24 of the Rules, he shall be entitled to a personal fee for out-station work at the rate of Rs. 50/- per diem chargeable to such estate or if there are several estates, to all such estates as may be reasonable : Provided that such fees shall be chargeable subject to such conditions and restrictions as may be prescribed by Government from time to time. Provided also that no such fee shall be payable for the same day for which the Administrator-General is paid fees as counsel out of such estate.


Rule24 Fees under section 41

The fees mentioned in Schedule V to these rules shall be the fees prescribed under section 41 of the Act, provided that they may be reduced, compounded for, or remitted as provided in these rules.


Rule25 Valuation for calculating fees under section 41

For the purpose of calculating the fees under section 41 of the Act, assets shall be valued as follows

(1) The value of movable assets (other than cash) shall be

(a) the price realised on sale;

(b) if there be no such sale then the value of the property on the date of its transfer to the heir, legatee or creditor :

Provided that if in any particular case the Administrator-General considers it necessary he may get the property valued by an expert whose charges shall be paid out of the funds of the estate.

(2) The value of immovable assets shall be

(a) the price realised on sale;

(b) if the property is not sold, the value of the property as estimated by the Collector or agreed upon between the Administrator-General and the person to whom it is transferred.

(3) Income, where the same is derived from the carrying on of any trade or business, shall mean the gross receipts of such trade or business.


Rule26 Time of payment

Fees under section 41 of the Act shall be levied debited to the account of an estate

(1) if the property is sold, on the receipt of the sale proceeds :

Provided that no fee shall be debited to the account of the estate so as to leave a debit balance;

(2) if the property is not sold but transferred or made over to some person, at the time of closing the account of the estate, or in instalments during the administration of the estate. But in all the cases the fee shall be adjusted before the final winding up of any estate.


Rule27 Manner of calculation and payment

Subject to any special arrangement made under rule 31, all fees payable under section 41 of the Act shall be calculated in the manner laid down in rule 25 and debited to the estate as provided in rule 26.


Rule28 Adjustment of fees in accounts

The account of each estate in regard to fee payable shall be adjusted every half-year on June 30 and December 31, respectively :

Provided that previous to the final winding up of any estate, the Administrator-General shall adjust his account in regard to fees charged or payable in accordance with the rules herein contained.


Rule29 Fees paid for services under section 10 to be part-payment of fees of subsequent administration

Where after an order has been made under section 10 of the Act, letters of administration are subsequently granted to the Administrator-General, the fees charged by him under head "a" of Schedule V, shall be deemed to be a part payment of the fees payable to the Administrator-Genera] under head "(a)" of the said Schedule.


Rule30 Reduction of fees

If in any case it appears to the Administrator-General that the circumstances of an estate proposed to be administered by him are, or probably will be, such as to render his duties in relation thereto simple or that payment of the fees in full would result in hardship to the heirs, legatees or creditors, having regard to the circumstances of the case, he may remit any part (not exceeding one-half) of any prescribed fee; but in every such case the reasons for so doing shall be recorded by him and a report of such cases, except where a remission is allowed in charging the prescribed minimum fee, shall be submitted every half-year to the Government, provided that no second report shall be made if the reasons for allowing remission have not altered, and provided also that nothing contained in this rule shall affect the order of payment of the administration fee and expenses.


Rule31 Remission of fees in cases under sections 29 and 30

In the case of a certificate granted under section 29 or 30 of the Act, the Administrator-General may, in cases of great hardship, and where the assets do not exceed Rs.1,000/-, remit all fees (or a part thereof) payable under these rules, and in other cases may remit any part not exceeding one-half of the prescribed fee; but in every such case he shall record his reasons for so doing. In considering the cases of hardship, the Administrator-General will have regard to cases of widows or dependents of Army, Air Force and Navy personnel killed during war.


Rule32 Composition of fee

Where in the opinion of the Administrator-General the income of any assets appertaining to an estate is not liable to serious fluctuations, he may from time to time agree with the person or persons entitled to such income to accept, in lieu of the income fee payable in pursuance of Schedule V, a fixed half-yearly fee of such amount as shall appear to the Administrator-General approximately equal to the average income fee which, but for such agreement, would be payable in respect of such income. A report of such cases shall be submitted to the Government at the close of the year, but it shall not be necessary to report the same case more than once unless the agreement for the composition of fees is varied.


Rule33 Method of payment of fees

The Administrator-General may agree to the payment by such instalments as shall seem to him just and reasonable of any fee payable to him under the Act.


Rule34 Procedure under section 48

For the purposes of section 48 of the Act, the Administrator-General shall act according to the procedure prescribed under the High Court Rules or General Rules (Civil) and the fees prescribed thereunder.


Rule35 Fees under section 49

(a) No person shall be entitled to inspect the books or accounts of the Administrator-General or make search for information in them or obtain copies of a document without first satisfying the Administrator-General that he is interested in the administration of the estates :

Provided that nothing hereinbefore contained shall preclude the Administrator-General from refusing the inspection of or search for or grant of copies of documents and papers of a confidential nature, and the decision of the Administrator-General in this respect shall be final.-

(b) The following shall be the prescribed fees for the above purposes

(i) For inspection of books, accounts Rupees 4 per day. and records of an estate

(ii) For searches regarding estates which Rupees 5 per day. have been wound up or closed.

(iii) For copies of a document or accounts 25 p. per 100 words of an estate or a certificate of an subject to minimum auditor fees of Rs. 2 per certificate.

(iv) For production of papers, books Rupees 5 per day plus etc. in Courts. the travelling expenses of a clerk if the books or papers are required at a Court other than the High Court at Delhi.

Provided that the Administrator-General may on closing the accounts of an estate grant a copy of the accounts fees or charge to an heir, legatee or any other person entitled to a share of the estate.


Rule36 Disposal of fees

All fees realised by the Administrator-General under rule 35 shall be brought to account in the Commission Account Ledger in Form No. 6 and credited by him in the bank in the manner prescribed by these rules as soon as practicable after their receipt.


Rule37 Credit of funds transferred under section 51

All securities, shares, debentures, stock and fixed deposits which are to be transferred under the provisions of section 51 of the Act shall be converted into ready money and these and all other funds transferred under the provisions of that section shall be paid to the credit of the Government to the bank and an intimation of such payment with particulars thereof shall be forwarded to the Secretary to the Government in the Judicial Department. Where any such assets consist of immovable property, the Administrator-General shall make a special report of the matter to the Secretary to the Government in the Judicial Department, and shall await such orders as may be given by Government in respect of such assets.


Rule38 Limit of cash balance

The Administrator-General shall not retain more than a sum of Rs. 500 as permanent advance. Any excess beyond that amount shall be credited as soon as practicable after its receipt to the public account of Union Territory of Delhi.


Rule39 Maintenance of account at Local Treasury

A detailed account of the receipt and payment of the Administrator-General shall be maintained at the local treasury in such form as the Accountant General Central Revenues may prescribe. All receipts of the Administrator-General for credit to the Public Account shall be remitted to the bank, through the local treasury, with a challan in the prescribed form. The challan shall be presented to the Treasury Officer who shall record on the challan an order to the bank to receive the money. The money will then be taken to the bank for credit into the Public Account. When the Administrator-General requires any money for payment, he shall present a cheque for the necessary amount at the local treasury. If the cheque is in order, the Treasury Officer shall pass an order to the bank for payment. The cheque shall then be presented at the bank for receipt of the money.


Rule40 Safe custody of securities

(1) All Government securities, debentures and shares coming into the possession of the Administrator-General shall, as soon as practicable, be lodged in the bank for safe custody. All such securities of shares shall as soon as practicable, be endorsed or transferred in the nahie of the Administrator-General and earmarked to the estate to which they respectively belong.

(2) All securities lodged under the rule may be withdrawn on requisition signed by the Administrator-General.


Rule41 Safe custody of valuables and documents

There shall be maintained in the office of the Administrator-General a room which shall be provided with iron safes for the safe custody till they are sent to the banks, of all cash, currency notes and other securities and other assets, such as jewels, ornaments and articles of like nature, and also title-deeds, wills and testaments and other documents belonging to the estates in his charge. All cash receipts of the Administrator-General shall be remitted to the bank for credit into Public Account in accordance with Rule 39. All jewels, ornaments and other articles of like nature which are of any substantial value shall, as soon after their receipt as practicable, be listed and valued by a competent valuer to be selected by the Administrator-General and when this is done, they shall be lodged immediately in the bank for safe custody.


Rule42 Purchase and sale of Government Securities

For purchasing securities, the Administrator-General shall be required to furnish the bank, through the local treasury, with a cheque for an amount which will roughly cover the cost of such purchases. The amount shall be held by the bank till such time as a purchase is completed. Any surplus shall be immediately advised by the bank to the Administrator-General and shall be credited to the Administrator-General's Account with the local treasury on his furnishing the bank with necessary challans duly prepared by him and passed by the Treasury Officer. The sale-proceeds of securities and companies' or banks' shares and debentures, when realised by the bank, shall be similarly advised to the Administrator-General and shall be credited in the manner prescribed above.


Rule43 Dividend warrants on shares

Dividend warrants on shares in the custody of the Administrator-General when received by him, shall be sent by him accompanied with Treasury challans duly prepared by him and passed by the Treasury Officer when they shall be credited to his account with the local treasury.


Rule44 Governance of saving bank and fixed deposit accounts

Saving bank and fixed deposit accounts shall continue to be governed by the bank's saving bank and fixed deposit rules in existence.


Rule45 Accounts etc

The Administrator-General shall have the accounts and records specified in Schedule I of these rules duly kept and maintained by his office establishment and for that purpose he will be provided with reasonable staff.


Rule46 Receipts

Every payment charged in the Administrator-General's general cash account shall be passed for payment under the initials of the Administrator-General, who shall, as far as possible, obtain receipts for such payment.


Rule47 Investments

The Administrator-General may invest or retain invested money belonging to any estate in any investment authorised by the testamentary instrument or, unless expressly forbidden by such instrument, in any securities specified in section 20 of the Indian Trust Act, 1882 (11 of 1882), or with the previous sanction of Government in such other securities, shares, debentures' or fixed deposits as may be considered safe and beneficial to the estate.


Rule48 Investment of cash balances

(1) Whenever any assets cannot be paid or delivered to a person entitled thereto because such person has not claimed payment or delivery after receipt of notice or because the address of such person is not known, such assets shall be transferred to the register of unclaimed assets. If not claimed within three years of the date of transfer, movable property shall be sold and its sale-proceeds placed at the credit of the account. Monies at the credit of the register of unclaimed assets, if it amounts to or exceeds Rs. 1000/-, shall be invested in securities as are expressly authorised by the instrument under which the Administrator-General holds the estate, or in any other securities specified in Rule 47.

(2) The cash balance standing to the credit of a separate account which represents the income of any property and which is payable by way of annuity to the person or persons thereto shall not be invested unless it can properly be treated as dead, assets and exceeds Rs. 1000/- in amount.

(3) An amount or property payable to legatee by way of an annuity or to a person who by virtue of his being a minor or a lunatic or otherwise is incapable of receiving payment may be transferred to the accounts of the Official Trustee, who shall deal with it according to law. An official note shall be considered an instrument in writing for the purpose of such transfer.


Rule49 Petty receipts of closed estate accounts

The Administrator-General may transfer to separate account, which shall be styled "Miscellaneous Ledger", all small balances which, when the accounts of an estate are closed are, owing to the smallness of the amounts, indivisible amongst the beneficiaries or creditors of the estate entitled thereto, and also any sum received as and by way of further assets of an estate after it has been closed, and which owing to the smallness of the amount is equally indivisible. Should any further assets afe received to the credit of an estate in which such a transfer has been made, such further assets shall be transferred to this account unless the Administrator-General considers it possible to distribute such amounts further to persons entitled. On winding up of such estates or when such amounts are not distributable, the amount may be transferred to General Purposes Fund, should the Administrator-General consider it so necessary.


Rule50 Destruction of papers

The Administrator-General may during the course of the administration of any estate in his hands destroy any papers which he has received and which he considers to be of no value, and on the close of the administration of the estate may destroy the rest of the papers, photographs and other articles of no value which are not claimed by the beneficiaries or next-of-kin or any other persons entitled thereto or interested therein.


Rule51 Schedules

The Administrator-General shall once in every year as soon after June 30th and December 31st as possible prepare schedules in the forms set forth in Schedule II to these rules, which schedules shall be verified by the auditor; and on the same being passed by such auditors, the Administrator-General shall cause the said schedules to be printed at the Government Press and shall forward two copies to the Secretary of the Government of Delhi in the Judicial Department.


Rule52 Reports

The Administrator-General shall also twice in every year at the times aforesaid submit to the Government a report in the form set forth in Schedule III to these rules.


Rule53 Cost of Schedules and reports

The schedules, reports and returns prescribed by rules 51 and 52 shall be prepared by the establishment of the Administrator-General, and the costs thereof shall be debited to the general working expenses of the office.


Rule54 Return of fees

The Administrator-General shall submit to Government at the close of the financial year, as soon as possible, a statement showing all the fees and other income of the department paid to Government and all the expenses incurred and charges paid by the Government. This statement shall be termed "Financial Statement" and submitted through the Accounts Branch of the Administration and Judicial Department, who may verify the figures. The financial statement of the Administrator-General may be combined with that of the Official Trustee of the Union Territory of Delhi so long as both the offices are amalgamated.


Rule55 Audit

(l)

(i) The accounts of the Administrator-General shall be audited twice a year by the auditors of Examiners, Local Fund and/or Accountant General, Central Revenues.

(ii) The accounts of the Administrator-General in regard to estates under administration shall be balanced every half year viz., on June 30 and December 31.

(iii) The said accounts shall be examined by the auditors who shall report thereon as provided by section 44 of the Act. The auditors shall examine the books specified in Schedule I, Part I, and shall also have access to any other book or books by the office which shall be necessary for or facilitate the examination and auditing of the accounts of the Administrator-General.

(iv) Any person who is summoned under the Act by an auditor shall be entitled to be paid his travelling and other reasonable expenses, which upon being certified by the auditor shall be paid by the Administrator-General and debited to the estate concerned :

Provided that no expenses shall be incurred without first ascertaining them, and provided also if such expenses are likely to exceed Rs. 50/-, previous sanction of the Government shall be necessary. Sanction of the Government is also necessary together with an allotment of funds if the expenses under section 45 of the Act proposed to be incurred in connection with the accounts of closed estate or an insolvent estate or an estate which has no sufficient funds.

(2) Cost of audit. The cost and other expenses in connection with the audit of the Administrator-General's accounts shall be paid by the various estates under his charge at the rate of fifty paise per cent on the total value of the estates, which shall be calculated in the same way as under rule 25 for the purpose of section 41 of the Act. The audit fee shall be paid at the close of the audit on the value of assets realised during the half year under audit, but no audit fee shall be debited to the accounts of the estate so as to leave a debit balance. At the time of closing the accounts of an estate, the audit fee on the estimated value of the property not sold shall be reserved and shall be paid at the close of the following audit : Provided that the Government may reduce the percentage or the amount of the audit fee on a particular estate or estates in cases in which the audit has been unusually simple or may reduce or remit the audit fees where they would result in hardship to the heirs, legatee or creditors having regard to the circumstances of the case which may be brought to the notice of the Government by the Administrator-General : Provided further that nothing contained in this rule shall affect the order of payment of administration expenses (which include audit fee) under the provision of law.


Rule56 Audit of accounts of business or zamindari

The Administrator-General shall cause the local accounts of any business, zamindari or agricultural or landed property of any estate in his charge, to be audited from time to time, either by chartered accountants or with the previous approval of Government by the auditors prescribed under section 43 of the Act as he may consider desirable. The whole of the expenses of such audit which shall be settled beforehand and shall be paid by the estate on the completion of the audit. Such auditors shall be selected by the Administrator-General under the Government in any such case name the auditors who are to be empowered.


Rule57 Management of zamindari

In order to secure efficient and economical management of any business, zamindari or landed property or any estate under the charge of the Administrator-General, the cost of management of which are debitable to the estates under the provisions of section 41 of the Act, it shall be open to the Administrator-General to employ a General Manager, a supervisor or agent or such assistants for the management thereof instead of employing separate managers, supervisors, agents and assistants in the case of each estate. The salaries of the manager, supervisor, agent and assistants and other expenditure of such business, zamindari or landed property, which is not incurred specifically on account of any particular estate concerned, shall be rateably divided amongst all the estates concerned in proportion to the amount of the annual collections of the various zamindaris, taking also into account the nature and the amount of work involved in the management thereof. Each estate shall, however, be debited into any particular expenditure solely and exclusively incurred on its account. The general expenditure shall be so regulated that in no case it shall be debited with a larger sum than it would ordinarily cost to manage it if the property belonging to it were placed under the management of its own separate staff.


Rule58 Rule 14 or 23 not to apply to a whole-time Administrator- General

Nothing in rule 14 or 23 shall apply to any Administrator-General who has been appointed as a whole-time salaried officer of the Government.


Rule59 Power to vary, modify or amend forms and rules

Notwithstanding anything in these rules and forms prescribed thereunder, the Administrator-General may modify or amend such forms and rules for the purposes of the Act provided that no amendment shall be made without the previous approval of the Government.


Rule60 Rules not to operate in derogation of the Act

Nothing in the Rules shall operate in derogation of the powers, duties and privileges of the Administrator-General under the Act.


Rule61 Administrator-General to be Head of Office

For the purposes of the Act and rules made thereunder, the Administrator-General shall be the Head of Office and will have the status and privileges of an especialist Class I Office of Government.


SCHEDULE 1 SCHEDULE 1


(See Rule 45) PART 1 PART-1


Rule1 Cash book

This book shall contain full particulars of all daily transactions whether in cash, shares or Government securities and shall be balanced at the close of each day and checked and signed in token of its correctness by the Administrator-General. (Form No 1).


Rule2 General estate accounts ledger

This book shall contain separate and distinct accounts of each estate and shall show in detail every transaction whether in cash, securities or shares relating to each estate. (Form No. 2).


Rule3 Register of unclaimed assets

This book shall contain details of cash, shares, securities and other movable or immovable property which has not been claimed by the person or persons entitled thereto and as such transferred to this register at the close of the administration. It shall also show how the unclaimed assets have been disposed of. (Form No. 3).


Rule4 Investment register

This book shall contain particulars of all shares and securities of whatsoever nature received or purchased by the Administrator-General on account of each estate and specify where the document is kept. It shall also show the date on which periodical interest or dividend payable and the amount thereof together with the amounts and dates of interest or dividends realised during the course of administration and the manner in which 0the securities or shares have been disposed of. (Form No. 4).


Rule5 Miscellaneous ledger

This ledger shall contain entries of all petty amounts transferred from General Estates Accounts Ledger and other petty amounts received whether on account of postage stamps or other miscellaneous charges and petty payments made therefrom. (Form No. 5).


Rule6 Commission account ledger

This ledger shall contain particulars of all fees and commission realised by the Administrator-General and paid to the Government. (Form No. 6).


Rule7 Audit Fee Register

This register shall contain the particulars of every audit fee claimed by the Audit Department and the date on which it was paid by deposit into the treasury. (Form No. 7).


Rule8 Receipt book

This book shall contain in a yearly, consecutive series particulars of. sums or money received by the Administrator-General in cash or by cheques or drafts or in the form of securities or shares. All entries in this book shall be initialled by the Administrator-General and in the cases of cheques or drafts, the date of realisation and the sum realised shall be filled in due course. (Form No. 8).


Rule9 Advance register

This shall contain particulars of all advances made by the Administrator-General and how the same have been adjusted. (Form No. 9).


Rule10 Demand and collection register of rents

For watching the realisation of demands on account of rents, a demand and collection register in Form No. 10 shall be maintained. Note. All ledgers shall be posted up daily and closed half-yearly on June 30 and December 31, and the balance, if any, carried forward to new accounts.


PART 2 PART 2


Rule11 Administration register

This book shall contain the following information : Date and place of death, date of grant, names and addresses of the heirs and legatees, if the deceased left a will, particulars of the publication of notice prescribed under rule 15 and the date on which the time expires and references to the general estates account ledgers, investment register, register of reserved articles, register of immovable property and assets book. This book shall also indicate the manner in which the accounts of an estate have been wound up.(Form No. 11).


Rule12 Assets and liabilities register


This book shall contain particulars of assets and liabilities in the. following form : Assets

1. Serial number.

2. Particulars of assets.

3. Date of information.

4. From whom information received.

5. Where the assets are.

6. Estimated amount or value of assets.

7. Date of realisation.

8. Amount received.

9. From whom assets received or realised.

10. Whether realised in full, if not, the balance carried forward to item number.

11. Remarks. Liabilities

1. Serial number.

2. Particulars of liabilities.

3. Date of information.

4. From whom information received.

5. To whom amount is due.

6. Estimated amount of liabilities.

7. Date of payment.

8. Amount paid.

9. To whom paid.

10. Whether paid in full or at what rate.

11. Remarks.(Form No. 12)


Rule13 Register of reserved articles

This book shall contain list of jewellery and a brief description of other articles received in the office of the Administrator-General and reserved from sale and the valuation of such property if known. It shall also indicate the manner in which the movables have been disposed of. (Form No. 13).


Rule14 Register of immovable property

This register shall contain full particulars of houses and other immovable property belonging to an estate. (Form No. 14).


Rule15 Certificate book

This book shall be kept in counterfoils and the counterfoil shall be facsimile of the certificate issued under sections 29 and 30. (Forms 15 and 16).


Rule16 Zamindari and business accounts

The account of any zamindari and business pertaining to any estate and documents in connection therewith shall be in the forms prescribed for the time being and in use by the Court of Wards.


SCHEDULE 2 SCHEDULE

SCHEDULE(See Rule 51)

SCHEDULE II

(See Rule 51)

FORM A

All administrations whereof the final balances have been paid to the persons

entitled to the same, specifying the amounts of such balances and the persons to

whom paid, prepared from. to 20

Estate

Date of

Date of

Payments

Parties

Administration

Payment

Government securities

Bank or other stock, as well as bonds or other securities, not being Govt. securities

Cash

to whom paid

FORM B

All sums of moneys, bonds and other securities received by the Administrator-General on account of estates of persons not being exempted persons, remaining under his charge, together with payments made there out and

The balance prepared from.to.20.

Estate

Date

Of Admn.

Balance on 20

Receipt from... to. 20.

Govt. Securities

Bank or other stock as well as bonds or other securities, not being Govt. securities

Cash

To Credit

To debit

Govt. securities

Bank or other stock as well as bonds or other securities, not being Govt. securities

Cash

Total

Payment from.to.20

Balance on. .20

Govt. securities

Bank or other stock as well as bonds or other securities, not being Govt. securities

Cash

Govt. securities

Bank or other stock, as well as bonds or other securities, not being Govt. securities

Cash

Govt. securities

Bank or other stock, as well as bonds or other securities, not being Govt. securities

Cash

To credit

To debit

Form C

All sums of moneys, bonds and other securities received by the

Administrator-General on account of estate of exempted persons remaining under

his charges together with payments made there out and the balances prepared from

.to .20.

Estate

Date

Of Admn.

Balance on 20

Receipt from..to. 20.

Govt. Securities

Bank or other stock as well as bonds or other securities, not being Govt. securities

Cash

To Credit

To debit

Govt. securities

Bank or other stock as well as bonds or other securities, not being Govt. securities

Cash

Total

Payment from . to. .20.

Balance on .20

Govt.

Securities

Bank or

Other stock

as well as

bonds or

Other securities

Not being

Govt. Securities

Cash

Govt.

Securities

Bank or

Other stock,

As well as Bonds or Other securities,

not Being Govt. Securities

Cash

Govt.

Securities

Bank or

other stock,

as well as

bonds or

other securities not being

Govt.

securities

Cash

To

Credit

To

debit

FORM D

Statement of balances in the hands of the Administrator-General of the Union Territory of Delhi or set apart to meet the claims, legacies or shares of persons whose whereabouts are not known or who have not claimed payment in spite of notice against the estates named and which sums, securities, shares or other property have been so set apart to the Register of Unclaimed assets are those estates within three years from

Estate

Date of transfer

For whom set apart

Cash

Securities and shares

Movable property

Immovable property

FORM E

Statement of cash, securities, shares and immovable property and aggregate balances in the hands of the Adminisistrator-General of the Union Territory of Delhi on the.standing to the credit of various estates which have been set apart to meet the admitted claims, legacies or shares of persons whose whereabouts are not known or who have not claimed payment in spite of notice and which properties have been so set apart to the Register of Unclaimed Assets for a period of more than three years but less than twelve years.

Cash

Securities and shares

Immovable property

N.B.On the lapse of twelve years from the date of transfer to the Register of Unclaimed Assets, the properties will be transferred to Government under section 51 of the Administrator-General's Act.


SCHEDULE 3 SCHEDULE

SCHEDULE(See Rule 52) SCHEDULE III

(See Rule 52)

Report on estates dealt with during the half year ending 20..

(excluding estates previously included in reports)

Name of Estate

Date of death

Intestate or testate

Date of grant amount

Date of taking charge

Date of certificate, if any under section 30

Approximate amount of assets

Approximate amount of liabilities

Amt. of Commission earned during the half-year under report

Remarks showing manner of disposal


SCHEDULE 4 Notice to Claimants

SCHEDULE(See Rule 15) SCHEDULE IV

(See Rule 15)

Notice to Claimants

Estate deceased

The Administrator-General of the Union Territory of Delhi hereby gives notice that he is administering in his official capacity the estate of. date of who died atonand that persons having claims against the said estate as creditors, heirs next-of-kins, legatees or in any other manner whatsoever should prefer their claims to the said Administrator-General, on or before theafter which date he will proceed to make payment to creditors and a distribution of the surplus assets of the said estate among such persons as may be found entitled thereto. He will recognize in making such payments and distribution only such claims as shall have previously been established to his satisfaction admitted by him.

Administrator-General,

Union
Territory
of Deli

Delhi
20


APPENDIX 1 Cash Book

FORM NO 1

Cash Book

DR.

Date Receipt No. Ledger No. and folio Estate Particulars Cash Realised by bank or remitted to bank Shares Government securities Date Ledger No. and folio Estate Particulars Cheque No. Amount Shares Government Securities


APPENDIX 2 General Estate Account Ledger

FORM NO. 2

General Estate Account Ledger

Estate

Dr. Cr. Date Cash Folio Particulars Shares Govt. Securities Amount Remarks


APPENDIX 2A General Purposes Fund

FORM No. 2A

General Purposes Fund

Date Particulars Amount Initials


APPENDIX 3 Register of Unclaimed Assets

FORM

FORM No. 3

Register of Unclaimed Assets

Estate.

Cr. Value Date of Transfer Ledger No. and Folio To whom payable and on what account Particulars of Cash assets Government Securities or shares Movable property Immovable property Remarks

Dr. Date of Disposal Cash book and folio delivered To whom paid or delivered Particulars of assets paid Value Remarks Cash securities or shares Government Securities Movable Immovable property


APPENDIX 4 Investment Register

FORM

FORM No. 4

Investment Register

Estate..

Date of realisation of interest and amount Date Particulars of shares or securities Face vale Where kept Date on which interest or dividend falls due Amount When and how disposed of Remarks


APPENDIX 5 Miscellaneous Ledger

FORM

FORM NO. 5

Miscellaneous Ledger

Date of receipt Particulars of receipt Amount Date of Payment Particulars of Charges Amount Remarks


APPENDIX 6 Commission Account Ledgi

FORM

FORM NO. 6

Commission Account Ledger

Date Ledger No. and folio Name of estate from which realised Amount realised Remarks Remitted to treasury Date No. of Challan Amount


APPENDIX 7 Audit Fee Register

FORM

FORM NO. 7

Audit Fee Register

Date Ledger No. and folio Name of estate from which realised Amount realised Remarks Remitted to treasury Date No. of Challan Amount


APPENDIX 8 Receipt Book

FORM

FORM No. 8

Receipt Book

Date For what estate From whom received Particulars Cash Govt. Promissory Notes Bank shares and other securities Initials of Admi nistrator General Entry in folio Cash book date


APPENDIX 9 Advance Register

FORM

FORM No. 9

Advance Register

Estate

Date To whom advanced On what account Amount advanced Date when adjusted Remarks


APPENDIX 10 Demand and Collection Register of Rents

FORM

FORM No.10

Demand and Collection Register of Rents

Estate.

S I.No. Connecting reference Nameand address of tenant Particulars Demand Date ofPayment No. ofReceipt CollectionPeriod Amt. of Instalment Remission Balance Remarks Current Arrear Total


APPENDIX 11 Administration Register

FORM

FORM No. 11

Administration Register

Estate..

Serial number

Full name and profession of the deceased.

Date and place of death.

Date of grant and number of letters of administration or Probate.

Names and addresses of heirs and legatees.

Date and brief description of Will, if any.

Particulars of the publication of notice, if any, for creditors and heirs, etc.

Date on which the period of notice expires.

Reference to General Estate Account Ledger.

Reference to Investment Register.

Reference to Register of Reserved Articles.

Reference to Register of Immovable property.

Reference to Assets Book.

Brief remarks as to how the administration has been wound up.


APPENDIX 12 Assets and Liabilities Register

FORM

FORM NO. 12

Assets and Liabilities Register

Estate.

Assets

S
I.
No. Particulars of assets Date of Information From whome Information Received Where The assets are Estimated Value of amount of assets Date of realizalion Amt. received From Whom Assets Received or realized Whether Realized in Full, if not, The balance Carried Forward to item No. Libilities Remarks S I. No. Particulars of liabilities Date of information From whom information received To whom amount is due Estimated amount of liabilities Date of payment Amt. paid To whom paid Whether paid in full or at what rate Remarks


APPENDIX 13 Register of Reserved Articles

FORM

FORM No. 13

Register of Reserved Articles

Estate

Date Description of articles No. Approximate value, if known Initials of Administrator General Date/ of disposal To whom delivered Remarks


APPENDIX 14 Register of Immovable Property

FORM

FORM No. 14

Register of Immovable Property

Estate.

S
I.
No. Description of property Where situated Area Boundary or house Annual rental value Date of disposal Manner of disposal Remarks


APPENDIX 15 Office of the Administrattor-General of the Union Territory of Delhi

FORM No Of.......20

FORM No. 15

No. of.20

Office of the Administrator-General of the Union Territory of Delhi

(Certificate under section 29 of Act No. 45 of 1963)

Fees Paid
In the goods of

Rs
Date

THE ADMINISTRATOR-GENERAL OF THE UNION TERRITORY OF

DELHI
hereby marketh known that on the day of. two thousand

hundred andat last Will and Testament bearing date theday of.

two thousand .. hundred and .. of. .. date of . deceased, into

as appears from the affidavit filed herein died at .. on the .. day of ..

two thousand .. hundred and .. (a copy of the said Will is here to annexed) was proved before him and he hereby grants this certificate under

section 29, Act 45 of 1963, to .. realize and deal with the assets hereunder

mentioned left by the said deceased and the said .. undertakes to administer

the estate of the said deceased in accordance with law. The said assets, as appears from the said affidavit filed herein, did not exceed in value at the date of the

death of the said deceased, rupees ..

Administrator-General,

Union
Territory of Delhi

Date Delhi, this ..day of .. 20 ..

PARTICULARS OF ASSETS

..

..

..

Administrator-General,

Union Territory of Delhi


APPENDIX 16 Office of the Administrator-General of the Union Territory of Delhi

FORM

No.of.....20

FORM No. 16

No. of 20

Office of the Administrator-General of the

Union
Territory of Delhi

(Certificate under section 29 of Act No. 45 of 1963)

Fees paid
In the goods of

Rs,.
Late

THE ADMINISTRATOR-GENERAL OF THE UNION TERRITORY OF DELHI hereby marketh known that in pursuance of section 29, Act No. 45 off 1963, he hereby grants this Certificate in the deceased above named who, as appears from the affidavit filed herein, died intestate on the day of two thousand..hundred and ..toresiding at.as..of the deceased above named. The said. by virtue hereof is entitled to receive, realize and deal with the assets hereunder mentioned left by the said deceased and the said. undertakes to administer the estate of the said deceased in accordance with law. The said assets, as appears from the said affidavit filed herein, did not exceed in value at the date of death of the said deceased, rupees

Administrator-General,

Union Territory of Delhi

Date Delhi, this day of 20

PARTICULARS OF ASSETS

.. .

Administrator-General,


1 Short title

These rules may be called the Administrator-General's (Union Territory of Delhi) Rules, 1972.


2 Definitions

In these rules, unless there is anything repugnant in the subject or context

(a) "The Act" means the Administrator-General's Act, 1963, (No. 45 of 1963), as amended by Act No. 2 of 1972.

(b) "Administrator-General" means the Administrator-General of the Union territory of Delhi and any other territory or successor Government as may be notified from time to time.

(c) "Court" means the High Court or District Court and includes any court, tribunal or authority.

(d) "Bank" means the State Bank of India or any other Scheduled Bank where securities or monies of an estate may have been lodged.

(e) "Deputy Administrator-General" means the Deputy Administrator-General of the Union Territory of Delhi when so appointed.

(f) "Government" means the Government of Union Territory of Delhi.

(g) "Official Gazette" means the Gazette of Delhi,

(h) "Section" means a section of the Act.

(i) "Treasury" means the Government Treasury at Delhi or New Delhi.


3 Prescribed authority under section 52

The Secretary to Government, Union Territory of Delhi in the Judicial Department, shall be the prescribed authority for the purposes of sef on 52 of the Act.


4 Certain officers and horities to report death, etc. to the District Magistrate

Every officer or local authority upon whom the duty of registering deaths has been imposed by or under any law, shall, upon receiving information of the death of any person to whom the Administrator-General's Act applies, report the fact of such death without delay to the District Magistrate together with the following particulars as far as they may be known to him

(a) Date of death and the amount and nature of the assets left by the deceased;

(b) whether or not the deceased left a Will, and, if so in whose custody it is; and

(c) the names and addresses of the surviving next-of-kin of the deceased.


5 Burial or cremation to be reported to the District Magistrate

Any person who performs the burial ceremony or cremation of a person to whom the Administrator-General Act applies shall report the burial or cremation without delay to the District Magistrate.


6 District Magistrate to make enquiry and report death, etc. to the Administrator-General

Upon receiving any rules report, or upon receiving in any other manner information of the death of any person to whom the Administrator-General's Act applies, the District Magistrate shall forthwith report to the Administrator-General, and shall cause to be made such further enquiry, as may be necessary, for the purpose of ascertaining the particulars specified in rule 4 and may direct the Superintendent of Police to make any such enquiry. He shall report the results of such enquiry to the Administrator-General as soon as it is complete.


7 Subject of Foreign States

On receipt of notice of the death of any person who was, or who the Administrator-General has reason to suppose may have been, the subject of any Foreign State to which the provisions of section 56 of the Act apply the Administrator-General shall forthwith give notice of such death to the Consular Officer of such Foreign State at Delhi. In any such case, the Administrator-General shall take no steps to administer or in any way deal with such estate except for safe custody without the consent of such Consular Officer or until he has expressed his intention of non-moving in the matter in accordance with section 56.


8 District/Local Authority to assist Administrator-General

The District and Local Authorities are required to assist the Administrator-General in the performance of his duties and administration of estates in such manner as the Administrator-General may direct for protection, safe custody and disposal of properties or assets of the deceased or for any other purpose in the discharge of his official dudes.


9 Steps to be taken under sections 8, 9 and 10

(1) On receipt of information through the District and Local Authorities or otherwise, the Administrator-General shall proceed to take steps in accordance with the provisions of sections 8, 9 and 10 of the Act : Provided that, when the name and address of the executor or xt-of-kin is known to the Administrator-General, the Administrator-General shal ot proceed in the administration and he has communicated with such executor or next-of-kin in order to ascertain whether the process to apply for administration and until a reasonable time has elapsed for the receipt of a reply to such communication; and where a reply in the affirmative has been received, until the expiration of such future time as would admit of an application for administration being made.

(2) Notwithstanding anything in clause (1), the Administrator-General may take immediate action under section 9 if in his opinion, such a course is necessary to protect the estate.


10 Contest of application for letters of administration before a court

When an application is made to the High Court for letters of administration by any person other than the next-of-kin of the deceased, or for letters of administration other than letters pendente lite to any court by a creditor, a legatee other than a universal legatee or a friend of the deceased, a citation with a copy of the application and its annexures shall be for6warded to the Administrator-General, who shall context the application for letters of administration under section 8 of the Act, if he considers the adoption of such a course necessary for his preferential right.


11 Cost receivable by Administrator-General

When an application is made by any person to the High Court or District Court for Probate or letters of administration with or without a copy of the Will annexed, a citation with a copy of application with annexures shall issue to the Administrator-General to enable him to ascertain his preference, bona fides of such application and to file objections or to contest the same should such a course be deemed necessary. The Administrator-General shall be entitled to receive costs for such appearance out of the estate unless the court directs otherwise.


12 Deposit of expenses by an applicant for administration of estate

Any next-of-kin executor, universal legatee or person interested in the estate of the deceased may request the Administrator-General in writing to obtain Probate or letters of administration with or without a Will annexed to the estate of the deceased and the Administrator-General after ascertaining the position of the assets, possibility of contest and expense involved, may proceed to do so and, if he considers so necessary he may require the applicant to deposit such amount for expenses as may be required from time to time until he obtains administration. The amount so deposited will be adjusted in due course of the administration of; the estate.


13 Transfer of estate from Administrator-General

Any private executor or administrator desiring to transfer the estate of which he has obtained probate or letters of administration from the Administrator-General, shall do so by executing an instrument of transfer duly stamped with particulars of accounts and assets and when Administrator-General has accepted it, such transfer shall be notified in the Gazette.


14 Fee payable to Administrator-General for appearing as counsel

Whenever the Administrator-General appears in .Court on behalf of estate with a view to obtain letters of Administration or Probate or conducts proceedings in connection with the administration of estates, then in addition to- the fees chargeable under section 41 of the Act and prescribed by Rule 24 Schedule V of the Rules, shall be entitled to a personal fee as counsel chargeable to such estate or estates at the following rates which shall not be credited to the- public account of the State or Administration

(1) For each case, fee at 2% of the value of the claim subject to a minimum of Rs.75/

Provided that in case decided without contest, the fee shall be half subject to a minimum of Rs. 50/-

(2) For an application moved in court, Rs. 35/- if it is not in a pending case mentioned in (1) above. Provided that no fee shall be payable for an application which is merely of a routine nature.

(3) For any other matter not covered by this rule, such fee as the court may allow.


15 Notice under section 23

(1) The notice to be given under section 23 sub-section (1) of the Act shall be in the form prescribed in Schedule IV toi these rules or as nearly as may be expedient and shall be advertised in such newspapers as the Administrator-General thinks fit, provided that more than one estate may be included in the same notice.

(2) Notice of rejection or disallowance of a claim under section 23 sub-section (3) of the Act shall be given by a letter addressed to the creditor at the address given by him in his communications or other known address, by registered post. In no event shall the funds of the estate be distributed if there be any doubt as to the sufficiency thereof, until the expiration of one month from the date of the service of notice under section 23(3).


16 Procedure of payment to creditor

(1) As soon as the Administrator-General is in a position to pay the creditors in full, or in insolvent cases when he has realised all the assets, he shall forward a special notice to each creditor whose claim has been admitted together with a receipt for the amount payable to him for his signature, whether such receipt represents the total amount of his claim of a dividend. Such notice shall be sent to the creditor at his last known address. On presentation of the receipt duty signed and accompanied by a registry certificate if one has been issued to the creditor unless the non-production of the latter is satisfactorily explained, the amount shall be paid to the creditor.

(2) Should the registry certificate be issued and produced, it shall be retained if the payment is made in full; but where only a dividend is paid, it shall be returned to the creditor with an endorsement thereon showing the amount of dividend so paid.

(3) A notice similar to the one mentioned in clause (1) shall be forwarded to every creditor of an estate whose claim has been admitted but has not been paid in full, whenever further assets in such estates have been realised and the Administrator-General is in a position to pay a further dividend on the admitted claim.

(4) When any creditor to whom citation or notice under clause (1) or (3) has been issued or sent, has not within three months from the date of notice requested payment of the amount payable on his claim, such amount shall remain in deposit to the credit of the creditor. If not claimed within three years of the date of notice such amount or such portion thereof as can conveniently be invested, may be invested in securities or shares until it is transferred to the Register of Unclaimed Assets or Miscellaneous Ledger as' the Administrator-General considers appropriate.


17 Payment to persons abroad

All payments to beneficiaries, next-of-kin and other claimants abroad, who are outside India, shall be made through the Reserve Bank of India and respective Ambassadors or High Commissioners for India abroad, who will act as official agent to the Administrator-General for the purpose.


18 Application under section 29 or 30

Application for a certificate under section 29 or 30 shall be made on petition with an affidavit, which shall bear a stamp of the value of three rupees and shall disclose

(a) the full name and place and date of death of the deceased;

(b) the name and address of the applicant;

(c) full particulars of the assets in respect of which a certificate is applied for and the value thereof;

(d) full names and addresses of the heirs and next-of-kin to the deceased with relationship; and

(e) whether the deceased has left a will or otherwise.

(f) particulars of liabilities against the estate of the deceased as far as known to the applicant;

(g) statement whether application has been made for probate of the will or for letters of administration relating to the estate in any court, and with what result;

(h) an undertaking that the applicant will administer the estate according to the law;

(i) such other information and particulars, together with such documents, as may be required by the Administrator-General in any particular case; and

(j) in the case of an application under section 30, full particulars of the debt and a statement whether any security, and, if so, what is held for the debt together with full particulars of the claims of other creditors and an undertaking that the applicant will pay all debts as required by law and that if there should be a surplus after satisfying all claims, he will make it over to the legal heir of the deceased, and that failing such an heir, he will remit the surplus amount with a statement of account to the Administrator-General.


19 Advertisement of certificate under section 29 or 30

When an application is made to the Administrator-General for a certificate under the provisions of section 29 or 30 of the Act, he shall have a general citation pasted on the Notice Board of his office and if he considers it likely that the will may be contested or that the granting of certificate to the applicant may be objected to, have the notices sent to parties or have the citation advertised if he considers it so necessary, or if he is requested to do so by the applicant or any other person before or during the pendency of the proceedings, advertise the same in such newspapers as he thinks fit. A period of at least fifteen days shall be fixed in the citation unless the Administrator-General by an order in writing reduces such period and no certificate shall be granted before expiry of the period specified in the citation. Should the circumstances warrant, the period mentioned in the citation may be extended.

In cases where a citation is to be advertised in newspapers by request or by an order of the Administrator-General, the cost shall be deposited by the applicant within a period to be fixed by the Administrator-General, failing which the proceedings shall abate for default.


20 Regard to be had to wishes of relatives and others as to the disposal of assets

The Administrator-General shall dispose of the assets of an estate either under his direct superviser or through such person or local official as may appear suitable to him, and . doing so, he shall, if the estate does not appear to be insolvent, have regard to the wishes of the persons who are entitled to a share of the estate concerning the reservation of such articles as may be desired by such persons, provided that such wishes are made known to him before the disposal of the property, unless he considers that such a course would be prejudicial to the administration of the estate or would conflict with the interest of some other interested person. Unless the estate is insolvent, no specific legacy shall be sold without a reference to the person to whom it is bequeathed, but such a reference may be omitted when there are not sufficient funds to pay the statutory charges :

Provided that nothing contained in this rule shall prevent the immediate disposal of livestock or other assets subject to speedy or natural decay of articles, the storage of which cannot conveniently be arranged for or would involve disproportionate expenditure.


21 Security to be furnished by certain persons

The Administrator-General may require any person who is entrusted with the receipt or custody of money or property belonging to an estate to furnish such security as the Administrator-General may deem expedient with due regard to the responsibility of such person.


22 General Purposes Fund

(1) There shall be a General Purposes Fund for the purpose of meeting expenses with regard to stamp duty, payment of fees to counsel and personal fee in connection with any litigation suit, proceeding, or application to be filed or contested in any court. Such expenses or fees so defrayed or paid shall be recouped out of the estate concerned when administration of such estate is taken over by the Administrator-General as far as possible and where for any reason such expenses or fees cannot be recouped, a statement to that effect will be submitted to the Government. This register may be maintained in form No. 2A as specified in Schedule I.

(2) When the Administrator-General takes over the administration of any estate, he may permit advances out of the General Purposes Fund in order to meet the initial expenses of administration and such advances shall in due course be recovered from the estate concerned or adjusted, if found irrecoverable from the General Purposes Fund.


23 Personal fee payable to Administrator-General

Whenever the Administrator-General goes out of station for the work of any estate under administration, then in addition to fees chargeable under section 41 and prescribed by rule 24 of the Rules, he shall be entitled to a personal fee for out-station work at the rate of Rs. 50/- per diem chargeable to such estate or if there are several estates, to all such estates as may be reasonable : Provided that such fees shall be chargeable subject to such conditions and restrictions as may be prescribed by Government from time to time. Provided also that no such fee shall be payable for the same day for which the Administrator-General is paid fees as counsel out of such estate.


24 Fees under section 41

The fees mentioned in Schedule V to these rules shall be the fees prescribed under section 41 of the Act, provided that they may be reduced, compounded for, or remitted as provided in these rules.


25 Valuation for calculating fees under section 41

For the purpose of calculating the fees under section 41 of the Act, assets shall be valued as follows

(1) The value of movable assets (other than cash) shall be

(a) the price realised on sale;

(b) if there be no such sale then the value of the property on the date of its transfer to the heir, legatee or creditor :

Provided that if in any particular case the Administrator-General considers it necessary he may get the property valued by an expert whose charges shall be paid out of the funds of the estate.

(2) The value of immovable assets shall be

(a) the price realised on sale;

(b) if the property is not sold, the value of the property as estimated by the Collector or agreed upon between the Administrator-General and the person to whom it is transferred.

(3) Income, where the same is derived from the carrying on of any trade or business, shall mean the gross receipts of such trade or business.


26 Time of payment

Fees under section 41 of the Act shall be levied debited to the account of an estate

(1) if the property is sold, on the receipt of the sale proceeds :

Provided that no fee shall be debited to the account of the estate so as to leave a debit balance;

(2) if the property is not sold but transferred or made over to some person, at the time of closing the account of the estate, or in instalments during the administration of the estate. But in all the cases the fee shall be adjusted before the final winding up of any estate.


27 Manner of calculation and payment

Subject to any special arrangement made under rule 31, all fees payable under section 41 of the Act shall be calculated in the manner laid down in rule 25 and debited to the estate as provided in rule 26.


28 Adjustment of fees in accounts

The account of each estate in regard to fee payable shall be adjusted every half-year on June 30 and December 31, respectively :

Provided that previous to the final winding up of any estate, the Administrator-General shall adjust his account in regard to fees charged or payable in accordance with the rules herein contained.


29 Fees paid for services under section 10 to be part-payment of fees of subsequent administration

Where after an order has been made under section 10 of the Act, letters of administration are subsequently granted to the Administrator-General, the fees charged by him under head "a" of Schedule V, shall be deemed to be a part payment of the fees payable to the Administrator-Genera] under head "(a)" of the said Schedule.


30 Reduction of fees

If in any case it appears to the Administrator-General that the circumstances of an estate proposed to be administered by him are, or probably will be, such as to render his duties in relation thereto simple or that payment of the fees in full would result in hardship to the heirs, legatees or creditors, having regard to the circumstances of the case, he may remit any part (not exceeding one-half) of any prescribed fee; but in every such case the reasons for so doing shall be recorded by him and a report of such cases, except where a remission is allowed in charging the prescribed minimum fee, shall be submitted every half-year to the Government, provided that no second report shall be made if the reasons for allowing remission have not altered, and provided also that nothing contained in this rule shall affect the order of payment of the administration fee and expenses.


31 Remission of fees in cases under sections 29 and 30

In the case of a certificate granted under section 29 or 30 of the Act, the Administrator-General may, in cases of great hardship, and where the assets do not exceed Rs.1,000/-, remit all fees (or a part thereof) payable under these rules, and in other cases may remit any part not exceeding one-half of the prescribed fee; but in every such case he shall record his reasons for so doing. In considering the cases of hardship, the Administrator-General will have regard to cases of widows or dependents of Army, Air Force and Navy personnel killed during war.


32 Composition of fee

Where in the opinion of the Administrator-General the income of any assets appertaining to an estate is not liable to serious fluctuations, he may from time to time agree with the person or persons entitled to such income to accept, in lieu of the income fee payable in pursuance of Schedule V, a fixed half-yearly fee of such amount as shall appear to the Administrator-General approximately equal to the average income fee which, but for such agreement, would be payable in respect of such income. A report of such cases shall be submitted to the Government at the close of the year, but it shall not be necessary to report the same case more than once unless the agreement for the composition of fees is varied.


33 Method of payment of fees

The Administrator-General may agree to the payment by such instalments as shall seem to him just and reasonable of any fee payable to him under the Act.


34 Procedure under section 48

For the purposes of section 48 of the Act, the Administrator-General shall act according to the procedure prescribed under the High Court Rules or General Rules (Civil) and the fees prescribed thereunder.


35 Fees under section 49

(a) No person shall be entitled to inspect the books or accounts of the Administrator-General or make search for information in them or obtain copies of a document without first satisfying the Administrator-General that he is interested in the administration of the estates :

Provided that nothing hereinbefore contained shall preclude the Administrator-General from refusing the inspection of or search for or grant of copies of documents and papers of a confidential nature, and the decision of the Administrator-General in this respect shall be final.-

(b) The following shall be the prescribed fees for the above purposes

(i) For inspection of books, accounts Rupees 4 per day. and records of an estate

(ii) For searches regarding estates which Rupees 5 per day. have been wound up or closed.

(iii) For copies of a document or accounts 25 p. per 100 words of an estate or a certificate of an subject to minimum auditor fees of Rs. 2 per certificate.

(iv) For production of papers, books Rupees 5 per day plus etc. in Courts. the travelling expenses of a clerk if the books or papers are required at a Court other than the High Court at Delhi.

Provided that the Administrator-General may on closing the accounts of an estate grant a copy of the accounts fees or charge to an heir, legatee or any other person entitled to a share of the estate.


36 Disposal of fees

All fees realised by the Administrator-General under rule 35 shall be brought to account in the Commission Account Ledger in Form No. 6 and credited by him in the bank in the manner prescribed by these rules as soon as practicable after their receipt.


37 Credit of funds transferred under section 51

All securities, shares, debentures, stock and fixed deposits which are to be transferred under the provisions of section 51 of the Act shall be converted into ready money and these and all other funds transferred under the provisions of that section shall be paid to the credit of the Government to the bank and an intimation of such payment with particulars thereof shall be forwarded to the Secretary to the Government in the Judicial Department. Where any such assets consist of immovable property, the Administrator-General shall make a special report of the matter to the Secretary to the Government in the Judicial Department, and shall await such orders as may be given by Government in respect of such assets.


38 Limit of cash balance

The Administrator-General shall not retain more than a sum of Rs. 500 as permanent advance. Any excess beyond that amount shall be credited as soon as practicable after its receipt to the public account of Union Territory of Delhi.


39 Maintenance of account at Local Treasury

A detailed account of the receipt and payment of the Administrator-General shall be maintained at the local treasury in such form as the Accountant General Central Revenues may prescribe. All receipts of the Administrator-General for credit to the Public Account shall be remitted to the bank, through the local treasury, with a challan in the prescribed form. The challan shall be presented to the Treasury Officer who shall record on the challan an order to the bank to receive the money. The money will then be taken to the bank for credit into the Public Account. When the Administrator-General requires any money for payment, he shall present a cheque for the necessary amount at the local treasury. If the cheque is in order, the Treasury Officer shall pass an order to the bank for payment. The cheque shall then be presented at the bank for receipt of the money.


40 Safe custody of securities

(1) All Government securities, debentures and shares coming into the possession of the Administrator-General shall, as soon as practicable, be lodged in the bank for safe custody. All such securities of shares shall as soon as practicable, be endorsed or transferred in the nahie of the Administrator-General and earmarked to the estate to which they respectively belong.

(2) All securities lodged under the rule may be withdrawn on requisition signed by the Administrator-General.


41 Safe custody of valuables and documents

There shall be maintained in the office of the Administrator-General a room which shall be provided with iron safes for the safe custody till they are sent to the banks, of all cash, currency notes and other securities and other assets, such as jewels, ornaments and articles of like nature, and also title-deeds, wills and testaments and other documents belonging to the estates in his charge. All cash receipts of the Administrator-General shall be remitted to the bank for credit into Public Account in accordance with Rule 39. All jewels, ornaments and other articles of like nature which are of any substantial value shall, as soon after their receipt as practicable, be listed and valued by a competent valuer to be selected by the Administrator-General and when this is done, they shall be lodged immediately in the bank for safe custody.


42 Purchase and sale of Government Securities

For purchasing securities, the Administrator-General shall be required to furnish the bank, through the local treasury, with a cheque for an amount which will roughly cover the cost of such purchases. The amount shall be held by the bank till such time as a purchase is completed. Any surplus shall be immediately advised by the bank to the Administrator-General and shall be credited to the Administrator-General's Account with the local treasury on his furnishing the bank with necessary challans duly prepared by him and passed by the Treasury Officer. The sale-proceeds of securities and companies' or banks' shares and debentures, when realised by the bank, shall be similarly advised to the Administrator-General and shall be credited in the manner prescribed above.


43 Dividend warrants on shares

Dividend warrants on shares in the custody of the Administrator-General when received by him, shall be sent by him accompanied with Treasury challans duly prepared by him and passed by the Treasury Officer when they shall be credited to his account with the local treasury.


44 Governance of saving bank and fixed deposit accounts

Saving bank and fixed deposit accounts shall continue to be governed by the bank's saving bank and fixed deposit rules in existence.


45 Accounts etc

The Administrator-General shall have the accounts and records specified in Schedule I of these rules duly kept and maintained by his office establishment and for that purpose he will be provided with reasonable staff.


46 Receipts

Every payment charged in the Administrator-General's general cash account shall be passed for payment under the initials of the Administrator-General, who shall, as far as possible, obtain receipts for such payment.


47 Investments

The Administrator-General may invest or retain invested money belonging to any estate in any investment authorised by the testamentary instrument or, unless expressly forbidden by such instrument, in any securities specified in section 20 of the Indian Trust Act, 1882 (11 of 1882), or with the previous sanction of Government in such other securities, shares, debentures' or fixed deposits as may be considered safe and beneficial to the estate.


48 Investment of cash balances

(1) Whenever any assets cannot be paid or delivered to a person entitled thereto because such person has not claimed payment or delivery after receipt of notice or because the address of such person is not known, such assets shall be transferred to the register of unclaimed assets. If not claimed within three years of the date of transfer, movable property shall be sold and its sale-proceeds placed at the credit of the account. Monies at the credit of the register of unclaimed assets, if it amounts to or exceeds Rs. 1000/-, shall be invested in securities as are expressly authorised by the instrument under which the Administrator-General holds the estate, or in any other securities specified in Rule 47.

(2) The cash balance standing to the credit of a separate account which represents the income of any property and which is payable by way of annuity to the person or persons thereto shall not be invested unless it can properly be treated as dead, assets and exceeds Rs. 1000/- in amount.

(3) An amount or property payable to legatee by way of an annuity or to a person who by virtue of his being a minor or a lunatic or otherwise is incapable of receiving payment may be transferred to the accounts of the Official Trustee, who shall deal with it according to law. An official note shall be considered an instrument in writing for the purpose of such transfer.


49 Petty receipts of closed estate accounts

The Administrator-General may transfer to separate account, which shall be styled "Miscellaneous Ledger", all small balances which, when the accounts of an estate are closed are, owing to the smallness of the amounts, indivisible amongst the beneficiaries or creditors of the estate entitled thereto, and also any sum received as and by way of further assets of an estate after it has been closed, and which owing to the smallness of the amount is equally indivisible. Should any further assets afe received to the credit of an estate in which such a transfer has been made, such further assets shall be transferred to this account unless the Administrator-General considers it possible to distribute such amounts further to persons entitled. On winding up of such estates or when such amounts are not distributable, the amount may be transferred to General Purposes Fund, should the Administrator-General consider it so necessary.


50 Destruction of papers

The Administrator-General may during the course of the administration of any estate in his hands destroy any papers which he has received and which he considers to be of no value, and on the close of the administration of the estate may destroy the rest of the papers, photographs and other articles of no value which are not claimed by the beneficiaries or next-of-kin or any other persons entitled thereto or interested therein.


51 Schedules

The Administrator-General shall once in every year as soon after June 30th and December 31st as possible prepare schedules in the forms set forth in Schedule II to these rules, which schedules shall be verified by the auditor; and on the same being passed by such auditors, the Administrator-General shall cause the said schedules to be printed at the Government Press and shall forward two copies to the Secretary of the Government of Delhi in the Judicial Department.


52 Reports

The Administrator-General shall also twice in every year at the times aforesaid submit to the Government a report in the form set forth in Schedule III to these rules.


53 Cost of Schedules and reports

The schedules, reports and returns prescribed by rules 51 and 52 shall be prepared by the establishment of the Administrator-General, and the costs thereof shall be debited to the general working expenses of the office.


54 Return of fees

The Administrator-General shall submit to Government at the close of the financial year, as soon as possible, a statement showing all the fees and other income of the department paid to Government and all the expenses incurred and charges paid by the Government. This statement shall be termed "Financial Statement" and submitted through the Accounts Branch of the Administration and Judicial Department, who may verify the figures. The financial statement of the Administrator-General may be combined with that of the Official Trustee of the Union Territory of Delhi so long as both the offices are amalgamated.


55 Audit

(l)

(i) The accounts of the Administrator-General shall be audited twice a year by the auditors of Examiners, Local Fund and/or Accountant General, Central Revenues.

(ii) The accounts of the Administrator-General in regard to estates under administration shall be balanced every half year viz., on June 30 and December 31.

(iii) The said accounts shall be examined by the auditors who shall report thereon as provided by section 44 of the Act. The auditors shall examine the books specified in Schedule I, Part I, and shall also have access to any other book or books by the office which shall be necessary for or facilitate the examination and auditing of the accounts of the Administrator-General.

(iv) Any person who is summoned under the Act by an auditor shall be entitled to be paid his travelling and other reasonable expenses, which upon being certified by the auditor shall be paid by the Administrator-General and debited to the estate concerned :

Provided that no expenses shall be incurred without first ascertaining them, and provided also if such expenses are likely to exceed Rs. 50/-, previous sanction of the Government shall be necessary. Sanction of the Government is also necessary together with an allotment of funds if the expenses under section 45 of the Act proposed to be incurred in connection with the accounts of closed estate or an insolvent estate or an estate which has no sufficient funds.

(2) Cost of audit. The cost and other expenses in connection with the audit of the Administrator-General's accounts shall be paid by the various estates under his charge at the rate of fifty paise per cent on the total value of the estates, which shall be calculated in the same way as under rule 25 for the purpose of section 41 of the Act. The audit fee shall be paid at the close of the audit on the value of assets realised during the half year under audit, but no audit fee shall be debited to the accounts of the estate so as to leave a debit balance. At the time of closing the accounts of an estate, the audit fee on the estimated value of the property not sold shall be reserved and shall be paid at the close of the following audit : Provided that the Government may reduce the percentage or the amount of the audit fee on a particular estate or estates in cases in which the audit has been unusually simple or may reduce or remit the audit fees where they would result in hardship to the heirs, legatee or creditors having regard to the circumstances of the case which may be brought to the notice of the Government by the Administrator-General : Provided further that nothing contained in this rule shall affect the order of payment of administration expenses (which include audit fee) under the provision of law.


56 Audit of accounts of business or zamindari

The Administrator-General shall cause the local accounts of any business, zamindari or agricultural or landed property of any estate in his charge, to be audited from time to time, either by chartered accountants or with the previous approval of Government by the auditors prescribed under section 43 of the Act as he may consider desirable. The whole of the expenses of such audit which shall be settled beforehand and shall be paid by the estate on the completion of the audit. Such auditors shall be selected by the Administrator-General under the Government in any such case name the auditors who are to be empowered.


57 Management of zamindari

In order to secure efficient and economical management of any business, zamindari or landed property or any estate under the charge of the Administrator-General, the cost of management of which are debitable to the estates under the provisions of section 41 of the Act, it shall be open to the Administrator-General to employ a General Manager, a supervisor or agent or such assistants for the management thereof instead of employing separate managers, supervisors, agents and assistants in the case of each estate. The salaries of the manager, supervisor, agent and assistants and other expenditure of such business, zamindari or landed property, which is not incurred specifically on account of any particular estate concerned, shall be rateably divided amongst all the estates concerned in proportion to the amount of the annual collections of the various zamindaris, taking also into account the nature and the amount of work involved in the management thereof. Each estate shall, however, be debited into any particular expenditure solely and exclusively incurred on its account. The general expenditure shall be so regulated that in no case it shall be debited with a larger sum than it would ordinarily cost to manage it if the property belonging to it were placed under the management of its own separate staff.


58 Rule 14 or 23 not to apply to a whole-time Administrator- General

Nothing in rule 14 or 23 shall apply to any Administrator-General who has been appointed as a whole-time salaried officer of the Government.


59 Power to vary, modify or amend forms and rules

Notwithstanding anything in these rules and forms prescribed thereunder, the Administrator-General may modify or amend such forms and rules for the purposes of the Act provided that no amendment shall be made without the previous approval of the Government.


60 Rules not to operate in derogation of the Act

Nothing in the Rules shall operate in derogation of the powers, duties and privileges of the Administrator-General under the Act.


61 Administrator-General to be Head of Office

For the purposes of the Act and rules made thereunder, the Administrator-General shall be the Head of Office and will have the status and privileges of an especialist Class I Office of Government.


DELHI

ADMINISTRATION SUBORDINATE SERVICE RULES, 1967

In exercise of the powers conferred by the proviso to article 309 of the Constitution read with the Government of India, Ministry of Home Affairs Notification No. F. 271 59-Him. (i), dated 13th July, 1959 and all other powers enabling him in this behalf and with the previous approval of the Government of India, the Administrator of Delhi is pleased to make the following rules, namely :


PART 1 GENERAL


PART Rule1 Short title and commencement

(i) These rules may be called the Delhi Administration Subordinate Service Rules, 1967.

(ii) They shall come into force with effect from the date of issue of the Notification.


Rule2 Definition

In these rules, unless the context otherwise requires,

(a) "Administrator" means the Administrator appointed under article 239 of the Constitution for the Union Territory of Delhi.

[(b) "appointing authority" in relation to Grade I means the Chief Secretary, and in relation to Grade II, III and IV means the Heads of Department concerned for the purposes of these rules, as well as the Central Civil Services (Classification, Control and Appeal) Rules, 1966.]

(c) "Chief Secretary" means the Chief Secretary, Delhi Administration.

(d) "Commission" means the Union Public Service Commission.

(e) "cadre" means the group of posts of the four grades of service specified in Schedule I.

(f) "cadre officer" in relation to any grade of the service means a member of the service of that grade who is appointed under rule 5 or rule 6.

(g) "direct recruitment" means recruitment through competitive examination held by the Commission or the Chief Secretary, as the case may be.

(h) "duty post" means any post specified in Schedule I and any other temporary or permanent post declared as duty post by the Administrator from time to time.

(i) "grade" means of any of the grades specified in rule 3.

(j) "schedule" means the schedule appended to these rules,

(k) "service" means the Delhi Administration Subordinate Service.


Rule3 Constitution of Service and its Classification

[(1) On and from the date of commencement of these rules, there shall be constituted one Central Civil Service, known as the Subordinate Service of the Delhi Administration.]

(2) The Service shall have four grades, namely :

Grade I

Grade II

Grade III

Grade IV

[(3) The posts in Grade I shall be Central Civil posts, Class II Group 'B' (Gazetted) and those in Grades II, in and IV shall be Central Civil posts Group 'C (Non-Gazetted).]

(4) Members of the service shall, in the normal course, be eligible for appointment to various grades of the service to which they belong and not to the other service.


PART 2 AUTHORISED STRENGTH OF THE SERVICE


PART Rule4 Strength of the Service

(1) The authorised strength of the four grades of the service [***] shall be as in Schedule I.

(2) The Administration may by order create duty posts for such period as may be specified therein.


PART 3 INITIAL CONSTITUTION OF SERVICE


PART Rule5 Initial appointment of persons in the Service

(1) The appointing authority may, at the commencement of these rules, appoint to the service any person who at such commencement or at the time of temporary addition of posts, holds any of the posts specified in Schedule II or temporary posts so added, in a regular manner in accordance with the method of recruitment prior to the constitution of the service, subject to availability of duty posts in the grade, on the recommendations of the Selection Board constituted under rule 11 for appointment in the service. The Chief Secretary may not however consult the Selection Board in regard to absorption of persons in Grades II, HI and IV (non-Gazetted). The persons not appointed in the service shall continue to work in the posts held by them in a regular manner and corresponding number of duty posts shall be excluded from the cadre. Such persons shall be periodically considered for absorption in the service. The recommendations of the Selection Boards shall be referred to the Commission where consultation with the Commission is necessary.

Explanation. For the purposes of this rule, a person who would have held a post mentioned in Schedule II but for his being on leave or on foreign service or but for his temporary or officiating appointment to an equivalent or higher post, shall be deemed to be holding such a post.

(2) The seniority shall be determined with reference to the date of regular appointment made in a regular manner in accordance with the method of recruitment prior to the constitution of the service to the post concerned :

Provided that the existing inter-seniority of the person determined/to be determined under the Delhi State Service (Seniority) Rules, 1954 or Delhi Administration (Seniority) Rules, 1965 in different scales of pay in different offices shall not be disturbed :

Provided further that the holders of posts to which promotion is made from lower posts shall be on bloc senior to the incumbents of the latter posts if they are also appointed.


PART 4 METHOD OF RECRUITMENT


PART Rule6 Method of Recruitment

Save as provided in the rules, appointments to each of the grade shall be made as indicated hereunder

(I) Recruitment to Grade I. [

(a) All vacancies in Grade I shall be filled in by promotion of officers of the Grade II having five years regular service in the grade, on the basis of merit-cum-seniority on the recommendations of the Departmental Promotion Committee.

(b) Notwithstanding anything contained in sub-rule (a), (i) Stenographers in the scale of Rs. 425-700 who have been appointed in a regular manner in accordance with the recruitment rules, and have five years regular service in the grade shall also be eligible to be considered for promotion to Grade I of the service; and (ii) Technical Assistant, Horticultural Assistant, Plant Protection-cum-Locust Assistant, Horticultural Research Assistant, Extension Officer (Agriculture), Seed Development Assistant and Supervisor/Demonstrator in the scale of Rs. 425-700 in the Development Commissioner's office who have been appointed in a regular manner in accordance with the recruitment rules and have five years regular service in the grade shall also be eligible to be considered for promotion to Grade I of the service on the basis of method of selection prescribed above.

(II) Recruitment to Grade II.

(1)

(a) 33 1/3 % of the vacancies shall be filled by direct recruitment on the basis of competitive examination to be held in such manner as may be prescribed by the Chief Secretary from time to time. The educational qualifications for appointment shall be as under : Educational Qualifications. Degree of recognised University in Arts, Commerce, Science, or Agriculture. Age Limit. Between 18-25 years (Relaxable in case of Schedule Caste/Tribes and other special categories in accordance with the Rules and in case of Government servants in accordance with the Government of India orders on the subject).

(b) 66 2/3% % of the vacancies in Grade II shall be filled in by promotion of officers of Grade III, having at least three years regular service in the grade on the basis of seniority-cum-merit subject to rejection or unfit on the recommendations of the Departmental Promotion Committee.

(c) Notwithstanding anything contained in sub-rules (a) and (b), the Stenographers in the scale of Rs. 330-560 and the trained Kanungos in the scale of Rs. 330-560, who have been appointed in regular manner in accordance with the recruitment rules and have three years regular service in grade shall be eligible to be considered for promotion to Grade II. of the service.

(d) Henceforth, the vacancies in Grade II shall be filled in the following manner : 1st vacancy

By promotion

2nd vacancy

By promotion

3rd vacancy

By direct recruitment

(2) Substantive appointment to the grade shall be made in the order of seniority of temporary cadre officers of the grade on the recommendations of the Departmental Promotion Committee except when, for reasons to be recorded in writing, a temporary cadre officer is not considered fit for such appointment in his turn.

[(III) Recruitment to Grade III.

(1) All vacancies in Grade III shall be filled in by promotion of officials of Grade IV having three years regular service in the grade on the basis of seniority-cum-merit subject to rejection of unfit on the recommendations of the Departmental Promotion Committee.]

(2) Substantive appointment to the grade shall be made in the order of seniority of temporary cadre officers of the grade on the recommendations of the Departmental Promotion Committee except when for reasons to be recorded in writing, a temporary cadre officer is not considered fit for such appointment in his turn.

[Recruitment to Grade IV. (1) 90% of the vacancies shall be filled in by direct recruitment by open competitive examination to be held in such manner as may be prescribed by the Chief Secretary from time to time by separate orders and 10% of the vacancies in any calendar year, in Grade IV by promotion from Class IV (Group 'B') employees having put in at least five years regular service in the class, in the manner specified in sub-clause (2-A). Unfilled vacancies would not be carried over to the next year.]

[(2) Minimum educational qualifications and age limit for direct recruitment :

(i) Matric or equivalent qualification.

(ii) Speed of 30 w.p.m. in typewriting in English or 25 w.p.m. in Hindi subject to orders which are issued from time to time relaxable for the physically handicapped persons who are otherwise qualified to hold the aforesaid post and who are certified as being unable to type on account of physical disability by the Medical Board attached to the Special Employment Exchange for the handicapped or by the Staff Surgeon until such a Board is set up by the Directorate of Employment and Training. When vacancies are filled by open competitive examination, the candidates shall be required to attain proficiency in

[(2-A) Selection would be made by promotion on the basis of seniority subject to rejection of unfit from such class IV employees who possess qualification of Matric or equivalent and having put in five years regular service in the class. The candidates selected by this method shall be required to pass a test in type-writing at the speed of 30 w.p.m. in English or 25 w.p.m. in Hindi during the period of probation unless exempted by the Administration of Delhi.

(3) Substantive appointment to the grade shall be made in the order of seniority of temporary cadre officers of the grade on the recommendations of the Departmental Promotion Committee except when, for reasons to be recorded in writing a temporary cadre officer is not considered fit for such appointment in his turn.

(4) Drawing up of selection list The Departmental Promotion Committee shall draw up a panel which should not exceed the number of clear vacancies by one-third thereof.


PART 5 DIRECT RECRUITMENT


PART Rule7 Competitive Examination.

A competitive examination for direct recruitment to the service shall be held at such intervals as the Chief Secretary may determine from time to time. The dates on which and the places at which the examination is to be held shall be fixed by the Chief Secretary.


Rule8 Physical Fitness

No candidate shall be appointed to the respective cadre unless he is declared after such medical examination as the Central Government may prescribe to be free from any mental or physical defect likely to interfere with the discharge of the service, unless he has already been examined by the competent medical authority at the time of his initial appointment and declared lit.


Rule9 Inclusion in the list not to confer right to appointment

The inclusion of a candidate's name in the approved lists shall confer no right to appointment unless the Chief Secretary is satisfied after such enquiry, as he may consider necessary, that the candidate is suitable in all respects for appointment to the respective grades and an actual offer of appointment is made to the candidate.


Rule10 Subject to the provisions of these rules

The candidates included in the approved lists shall be appointed to the grade in order of merit.


PART 6 RECRUITMENT BY SELECTION


PART Rule11 Constitution of Departmental promotion Committee/Selection Board

Recruitment under rule 6 shall be made on the recommendations of the


Rule12 Condition of Eligibility and Procedure for Selection

(1) The Committee shall consider from time to time the case of officers eligible under rule 6 who have served in the respective grade in accordance with the provisions contained therein after taking into account the actual vacancies at the time of selection and those likely to occur during a year.

(2) The names of persons included in the list shall be arranged in order of preference.

(3) The list so prepared shall be forwarded by the Committee to the Chief Secretary for approval who will obtain the approval of the Commission where consultation with the Commission is necessary.


PART 7 APPOINTMENTS, PROBATION, TRAINING ETC


PART . Rule13 Appointment

All appointments to the service shall be made to Grade I, II, III, and IV of the service on the basis of the combined lists prepared in accordance with rule 5, rule 6 and rule 12 and not against any specified list included in the service. The Chief Secretary shall allocate the persons borne on the lists to various offices of the Administration.


Rule14 Disqualification

(a) No person who has more than one wife living or who, having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment to the service, and

(b) No woman whose marriage is void by reason of her husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage, shall be eligible for appointment to the service :

Provided that the Chief Secretary may, if satisfied that there are special grounds for so doing, exempt any person from the operation of this rule.


Rule15 Special provision for the members of Scheduled Castes and Scheduled Tribes

Appointments to the service under rule 6 shall be subject to orders regarding special representation in the service for Scheduled Castes and Scheduled Tribes issued by the Government of India from time to time.


Rule16 Period of probation trial

(1) Every person appointed under rule 5 or rule 6 or any grade of the service shall be on probation/trial for a period of two years. A person appointed against temporary strength of the grade shall have no claim for substantive appointment in the grade on completion of trial period successfully.

(2) The Chief Secretary may in the case of any person extend or reduce the period of probation, but the total period of extension of probation/trial shall not, save where it is necessary by reasons of any departmental or legal proceedings pending against the officer, exceed twice the period specified as probation/trial period.

(3) A person on probation/trial shall be liable to be discharged from the grade of the service at any time without assigning any reason provided that if he holds a lien on any permanent post under the Delhi Administration or lower grade of the service, he shall be liable to be reverted to that post/grade.


Rule17 Training

A person who is appointed under rule 5 or rule 6 shall undergo such training and pass within two years of his/her appointment such departmental examination as the Chief Secretary may, from time to time, prescribe :

Provided that the Chief Secretary may exempt, subject to such conditions as he may impose, any person or class of persons either wholly or partly from such training or departmental examination.


PART 8 OFFICIATING APPOINTMENTS


PART Rule18 Selection for officiating appointments

If, at any time, the Chief Secretary is of the opinion that the number of officers available in the list referred to in rule 6 for appointment to duty posts is not adequate having regard to the vacancies in such posts, he may direct the Committee to consider the case of officers who have officiated for a period of two years in the lower grade and prepare a separate list of officers selected. The selection for inclusion in the list shall be based on merit and suitability, in all respects for officiating appointments to duty posts with due regard to seniority.


Rule19 Officiating appointment to duty posts of the service

(1) If a member of the Service is not available for holding a duty post, the post may be filled on an officiating basis :

(a) by the appointment of an officer included in the list referred to in rule 12, or

(b) if no such officer is available by the appointment of an officer included in the list prepared under rule 18.

(2) Where the exigencies of the situation so demand, the Chief Secretary may, for reasons to be recorded in writing, appoint a person holding analogous or similar post under the Central or State Government on deputation for a period not exceeding four years : Provided further that such appointments to a post in Grade I shall be made only in consultation with the Commission.

(3) Notwithstanding anything contained in these rules, where appointment to a duty post is to be made purely as a local arrangement for a period not exceeding three months, such appointment may be made by the Chief Secretary from persons who are eligible for inclusion in the list under rule 12 or rule 18.


Rule20 Transfer of members of the service

The Chief Secretary may transfer the cadre officers from one office to another office within the service from time to time.


Rule21 Allocation of duty posts

The Chief Secretary shall allocate such number of duty posts to various offices of the Administration as may be deemed necessary by him from time to time.


PART 9 MISCELLANEOUS


PART Rule22 Posting of Cadre Officers

Every cadre officer shall, unless he is on leave or otherwise not available for holding a duty post, be posted, against a duty post of the appropriate grade in the service.


Rule23 Interchangeability within the service

The Chief Secretary may transfer a cadre officer from one service to another and may also make regulations in this behalf under rule 28. The cadre officer so transferred to the other service shall continue to retain his position in the service to which he originally belongs.


Rule24 Duty post to be held by Cadre Officers

Every duty post in the cadre shall be held by a cadre officer of the appropriate grade or an officer appointed to officiate under Part VIII of these rules.


Rule25 Security from the persons handling cash

Any person appointed to any of the grades, whose duties require him to handle cash and stores, may be required to furnish security/fidelity bond of an amount to be determined by the Head of Department.


Rule26 Seniority

(1) The inter-se seniority of officers belonging to various services of grades i.e., Ministerial and Executive appointed under rule 6 prior to the date of promulgation of these-rules, shall vis-a-vis be determined on the basis of their continuous length of service (date of initial appointment) in their respective grade i.e. Grades I, II, in and IV. In case of equal length of service, older in age will rank senior to younger one:

Provided that the persons belonging to the same grade shall be ranked inter-se in order of their relative seniority in the present grade, as the case may be. Provided further that the following principles will be followed for fixation of relative seniority of the officers appointed to various grades under rule 6 prior to the date of promulgation of these rules.

(a) Direct recruits shall be assigned seniority from the date of appointment with due regard to their position in the merit list.

(b) Departmental Test category candidates shall be given seniority from the date of appointment subject to their position in the merit list.

(c) Promoted officials shall be given seniority from the date of their appointment if they have been selected by regularly constituted Departmental Promotion Committee and have held the appointment continuously thereafter and there was no adverse entry in their Confidential Reports at the time of

(2) The inter-se seniority of the members of the service appointed to any grade of service by direct recruitment or by promotion as the case may be in a substantive or in a temporary capacity on or after the date of promulgation of these rules shall be determined in accordance with the principles of determination of inter-se seniority of direct recruits and promotees as laid down in the Delhi Administration (Seniority) Rules, 1965.]


Rule27 Pay and Allowances

(i) The scales of pay attached to the Service shall be as follows :

1. Grade I Rs. 550-25-750-EB-30-900

2. Grade II Rs. 425-15-500-EB-15-560-20-700.

3. Grade HI Rs. 330-10-380-EB-12-500-EB-15-560

4. Grade IV -Rs. 260-6-290-EB-6-326-8-366-EB-8-390-10-400.]

(ii) A person appointed by direct recruitment shall, on appointment to the service, draw pay at the minimum of the time scale. The pay and increments in the case of other persons appointed to the Service shall be regulated in accordance with the Fundamental Rules except that no additional benefit will be admissible to the individuals working on the scales which are being upgraded. The pay of the individual working on scales which being down-graded to bring them to the scales which are prescribed for relevant grade under these rules shall, however, to protected under FR. 27 by the Administrator.

(iii) Dearness and other allowances shall be determined in accordance with the rules/ orders issued by the Government of India from time to time on the subject for Central Government servants.


Rule28 Regulations

The Chief Secretary shall be in overall control of the Section and Service and may make regulations or issue instructions not inconsistent with these rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to these rules. Notwithstanding what has been stated above, the Chief Secretary may at his discretion delegate such of his powers as may be necessary to any of his subordinate officers so specified.


Rule29 Residuary Matters

In regard to matters not specifically covered by these rules or by regulations or orders issued thereunder or by special orders, the members of the service shall be governed by the rules, regulations and orders applicable to corresponding officers of the Central Civil Service in general.


Rule30 Interpretation

If any question arises as to the interpretation of these rules, the same shall be decided by the Administrator.


PART 10 TRANSITIONAL ARRANGEMENTS


PART Rule31 Transitional Provision

(1) On and from the commencement of these rules and until persons are appointed to hold duty posts in accordance with the provisions of these rules, such posts may continue to be held by officers appointed thereto as if these rules have not come into force.

(2) This rule shall cease to be in force after a period of three years from the date of such commencement.


Rule32 Power to relax

Where the Administrator is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any clause or category of persons or posts.

Provided that no order in respect of any class or category of persons/posts in Grade I shall be made except after consultation with the Commission.


ADMINISTRATORS (POWERS RELATING TO THE PROCEDURE AND CONDUCT OF BUSINESS OF METROPOLITAN COUNCIL OF DELHI) RULES, 1967


ADMINISTRATORS (POWERS RELATING TO THE PROCEDURE AND CONDUCT OF BUSINESS OF METROPOLITAN COUNCIL OF DELHI) RULES, 1967


PART 1 PRELIMINARY


Rule1 Short title and commencement

(1) These rules may be called the Administrator's (Powers relating to the Procedure and Conduct of Business of the Metropolitan Council of Delhi) Rules, 1967.

(2)They shall come into force on the date of their publication in the official Gazette.


Rule2 Definitions

In these rules, unless the context otherwise requires

(a)"Act " means the Delhi Administration Act, 1966 (19 of 1966)

(b)"Chairman" means the Chairman of the Metropolitan Council;

(c)"motion" means a proposal made by a member of the consideration of the Metropolitan Council and includes a proposal for undertaking legislation and an amendment to a motion;

(d) "Question" includes a "Short Notice Question ".


PART 2 REGULATION OF QUESTION AND PROHIBITION OF DISCUSSION OF CERTAIN MATTERS

PART

4 shall, so far as may be, apply to and in relation to any motion, half-an-hour discussion, discussion on matters of urgent public importance for short duration, and Calling Attention Notice under the Rules of Procedure and Conduct of Business in the Metropolitan Council of Delhi, as they apply to and in relation to resolutions.


Rule3 Regulation of Questions

(1) No question shall be asked on any matter which affects the discharge of the functions of the Administrator in so far as he is required by or under the Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions except for the purpose of eliciting factual information regarding such matter.

(2)If the Chairman is of the opinion that a question or any part of a Question is or may be one which cannot be asked because it is outside the scope of sub-rule (1), he shall, as soon as may be, after the receipt of the notice of the Question, forward to the Administrator a copy thereof and unless the Administrator decides that the Question may be, put it shall not be entered in the List of Business.

(3) Notwithstanding the fact that the Chairman has made no reference under sub-rule (2), if the Administrator, acting in his discretion, decides that any Question or part of a Question is one which cannot be asked because it is outside the scope of sub-rule (1), he may communicate his decision to the Chairman and on such communication, the Question shall not be entered in the List of Business or, if it has been so entered, the Chairman shall decline to allow the Question to be put.

(4) The Chairman shall disallow any supplementary Question, if in his opinion, it is outside the scope of sub-rule (1).

(5) If any doubt arises whether any Question or part of Question is or is not outside the scope of sub-rule (1), the Administrator shall, acting in his discretion, decide the point.


Rule4 Restrictions of resolutions

(1) No resolution shall be moved which relates to any matter which affects the discharge of the functions of the Administrator in so far as he is required by or under the Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions.

(2) If the Chairman is of the opinion that the resolution or any part of a resolution is or may be one which cannot be moved because it is prohibited under sub-rule (1), he shall, as soon as may be, after the receipt of the notice of the resolution, forward to the Administrator a copy thereof, and unless the Administrator decides that the resolution may be moved, it shall not be entered in the List of Business.

(3) Notwithstanding the fact that the Chairman has made no reference under sub-rule (2), if the Administrator, acting in his discretion, decides that any resolution or any part of a resolution is one which cannot be moved because it is prohibited under sub-rule (1), he may communicate his decision to the Chairman, and on such communication, the resolution shall not be entered in the List of Business or, if it has been so entered, the Chairman shall decline to allow the resolution to be moved.

(4) If any doubt arises whether any resolution of which notice has been given or any part thereof is or is not within the prohibition imposed by sub-rule

(1), the Administrator shall, acting in his discretion, decide the point.


Rule5 Restrictions on subject

Matter of motions, etc. The provisions of rule


Rule6 Interpretations

If any doubt arises as to the interpretation of any of the provisions of these rules, it shall be referred to the Administrator for his decision.
Delhi State Acts


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