Extract of CHAPTER-V (Referring to the Central Government ), The Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

Extract of CHAPTER-V (Referring to the Central Government ), The Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993.

CHAPTER-V

Referring to the Central Government

48. (Omitted)

49. In case of difference of opinion between the Lieutenant Governor and a Minister in regard to any matter, the Lieutenant Governor shall endeavour by discussion on the matter to settle any point on which such difference of opinion has arisen. Should the difference of opinion persist, the Lieutenant Governor may direct that the matter be referred to the Council

50. In case of difference of opinion between the Lieutenant Governor and the Council with regard to any matter, the Lieutenant Governor shall refer it to the Central Government for the decision of the President and shall act according to the decision of the President.

51. Where a case is referred to the Central Government in pursuance of rule 50, it shall be competent for the Lieutenant Governor to direct that action shall be suspended pending the decision of the President on such case or in any case where the matter, in his opinion, is such that it is necessary that immediate action should be taken to give such direction or take such action in the matter as he deems necessary.

52. Where a direction has been given by the Lieutenant Governor in pursuance of rule 51, the Minister concerned shall take action to give effect to such direction.

53. (1) In respect of each financial year, the Lieutenant Governor shall have an Annual Plan (which shall represent the approved phase for that year in the Five Year Plan for the National Capital Territory) drawn up with such details as the Central Government may, by order prescribe.

(2) After the Annual Plan has been considered by the Lieutenant Governor and his Council, it shall be referred to the Central Government for approval.

54. (1) The form of Annual financial statement of the National Capital Territory (including the Grants and appropriations into which it shall be divided) and the procedure for obtaining the approval of the President to this statement shall be such as the Central Government may by order prescribe.

(2) Each demand for Grant or appropriation shall be so drawn up as to indicate separately the provision for plan schemes and the provision for non-plan expenditure.

55. (1) The Lieutenant Governor shall refer to the Central Government every legislative proposal, which

(a) if introduced in a Bill form and enacted by the Legislative Assembly, is required to be reserved for the consideration of the President under the proviso to subclause (c) of clause (3) of article 239 AA or, as the case may be, under the second proviso to section 24 of the Act;

(b) attracts provisions of articles 286, 287, 288 and 304 of the Constitution as applicable to the Capital;

(c) relates to any matter which may ultimately necessitate additional financial assistance from the Central Government through substantive expenditure from the Consolidated Fund of the Capital or abandonment of revenue or lowering of rate of any tax.

(2) Subject to any instructions which may from time to time be issued by the Central Government, the Lieutenant Governor shall make a prior reference to the Central Government in the Ministry of Home Affairs or to the appropriate Ministry with a copy to the Ministry of Home Affairs in respect of the following matters:-

(a) proposals affecting the relations of the Central Government with any State Government, the Supreme Court of India or any other High Court;

(b) proposals for the appointment of Chief Secretary and Commissioner of Police , Secretary (Home) and Secretary (Lands);

(c) important cases which affect or are likely to affect the peace and tranquility of the National Capital Territory; and

(d) cases which affect or are likely to affect the interests of any minority community, Scheduled Castes or the backward classes.

56. When a matter has been referred by the Lieutenant Governor to the Central Government under these rules, further action thereon shall not be taken except in accordance with the decision of the Central Government.