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THE GOVERNMENT OF UNION TERRITORIES AND THE GOVERNMENT OF NATIONALCAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2001


Published: 2001-09-06

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THE GOVERNMENT OF UNION TERRITORIES AND THE GOVERNMENT OF

NATIONALCAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2001
ACT NO. 38 OF 2001
[6th September, 2001.]


An Act further to amend the Government of Union Territories Act, 1963

and the Government of National Capital Territory of Delhi Act, 1991.



BE it enacted by Parliament in the Fifty-second Year of the Republic

of India as follows:-


CHAP
PRELIMINARY




CHAPTER I



PRELIMINARY


1.
Short title and commencement.


1. Short title and commencement.-(1) This Act may be called the

Government of Union Territories and the Government of National Capital

Territory of Delhi (Amendment) Act, 2001.



(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.


CHAP
AMENDMENTS TO THE GOVERNMENT OF UNION TERRITORIES ACT, 1963


CHAPTER II



AMENDMENTS TO THE GOVERNMENT OF UNION TERRITORIES ACT, 1963


2.
Amendment of section 23.


2. Amendment of section 23.-In section 23 of the Government of Union

Territories Act, 1963 (20 of 1963) (hereinafter referred to as the

principal Act), in sub-section (1), for clause (e), the following

clause shall be substituted, namely:-



"(e) the receipt of money on account of the Consolidated Fund of the

Union territory or the public account of the Union territory or the

custody or issue of such money or the audit of the accounts of the

Union territory:".


3.
Amendment of section 47.


3. Amendment of section 47.-In section 47 of the principal Act, for

the words "all loans advanced to the Union territory from the

Consolidated Fund of India", the words "all loans advanced to the

Union territory from the Consolidated Fund of India and al loans

raised by the Government of India or the Administrator of the Union

territory upon the security of the Consolidated Fund of the Union

territory" shall be substituted.


4.
Insertion of new section 47A.


4. Insertion of new section 47A.-After section 47 of the principal

Act, the following section shall be inserted, namely:-



'47A. Public Account of the Union territory and moneys credited to

it.-(1) As from such date as the Central Government may, by

notification in the Official Gazette, appoint in this behalf, all

other public moneys received by or on behalf of the Administ ator

shall be credited to a Public Account entitled "the Public Account of

the Union territory".



(2) The custody of public moneys, other than those credited to the

Consolidated Fund of the Union territory or the Contingency Fund of

the Union territory, received by or on behalf of the Administrator,

their payment into the Public Account of the Union erritory and the

withdrawal of moneys from such account and all other matters connected

with or ancillary to the aforesaid matters shall be regulated by rules

made by the Administrator with the approval of the President.'.


5.
Insertion of new sections 48A and 48B.


5. Insertion of new sections 48A and 48B.-After section 48 of the

principal Act, the following sections shall be inserted, namely:-



"48A. Borrowing upon the security of the Consolidated Fund of the

Union territory.-(1) The executive power of the Union extends to

borrowing upon the security of the Consolidated Fund of the Union

territory within such limits, if any, as may, from time o time, be

fixed by Parliament by law and to the giving of guarantees within such

limits, if any, as may be so fixed:



Provided that the powers exercisable by the Government of India under

this sub-section shall also be exercisable by the Administrator

subject to such conditions, if any, as the Government of India may

think fit to impose.



(2) Any sums required for the purpose of invoking a guarantee shall be

charged on the Consolidated Fund of the Union territory.



48B. Form of accounts of the Union territory.-The accounts of the

Union territory shall be kept in such form as the Administrator may,

after obtaining advice of the Comptroller and Auditor-General of India

and with the approval of the President, prescri e by rules.".


CHAP
AMENDMENTS TO THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHIACT, 1991


CHAPTER III



AMENDMENTS TO THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

ACT, 1991


6.
Amendment of section 22.


6. Amendment of section 22.-In section 22 of the Government of

National Capital Territory of Delhi Act, 1991 (1 of 1992) (hereinafter

referred to as the principal Act), in sub-section (1), for clause (e),

the following clause shall be substituted, namely -



"(e) the receipt of money on account of the Consolidated Fund of the

Capital or the Public Account of the Capital or the custody or issue

of such money or the audit of the accounts of the Capital:".


7.
Amendment of section 46.


7. Amendment of section 46.-In section 46 of the principal Act, for

the words "all loans advanced to the Capital from the Consolidated

Fund of India", the words "all loans advanced to the Capital from the

Consolidated Fund of India and all loans raised y the Government of

India or by the Lieutenant Governor upon the security of the

Consolidated Fund of the Capital" shall be substituted.



8. Insertion of new section 46A.-After section 46 of the principal

Act, the following section shall be inserted, namely:-



'46A. Public Account of the Capital and moneys credited to it.-(1) As

from such date as the Central Government may, by notification in the

Official Gazette, appoint in this behalf, all other public moneys

received by or on behalf of the Lieutenant Govern r shall be credited

to a public account entitled "the Public Account of the Capital".



(2) The custody of public moneys, other than those credited to the

Consolidated Fund of the Capital or the Contingency Fund of the

National Capital Territory of Delhi, received by or on behalf of the

Lieutenant Governor, their payment into the Public Acc unt of the

Capital and the withdrawal of moneys from such account and all other

matters connected with or ancillary to matters aforesaid shall be

regulated by rules made by the Lieutenant Governor with the approval

of the President.'.


9.
Insertion of new sections 47A and 47B.


9. Insertion of new sections 47A and 47B.-After section 47 of the

principal Act, the following sections shall be inserted, namely:-



"47A. Borrowing upon the security of the Consolidated Fund of the

Capital.-(1) The executive power of the Union extends to borrowing

upon the security of the Consolidated Fund of the Capital, within such

limits, if any, as may from time to time be fixed y Parliament by law

and to the giving of guarantee within such limits, if any, as may be

so fixed:



Provided that the powers exercisable by the Government of India under

this sub-section shall also be exercisable by the Lieutenant Governor

subject to such conditions, if any, as the Government of India may

think fit to impose.



(2) Any sums required for the purpose of invoking a guarantee shall be

charged on the Consolidated Fund of the Capital.



47B. Form of accounts of the Capital.-The accounts of the Capital

shall be kept in such form as the Lieutenant Governor may, after

obtaining advice of the Comptroller and Auditor-General of India and

with the approval of the President, prescribe by rules ".









SUBHASH C. JAIN,

Secy. to the Govt. of India.