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**Report: Analysis of the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Amendment Act, 2022**
**1. Executive Summary:**
This report analyzes the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Amendment Act, 2022. This act amends the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Act, 2001, to revise the salary, allowances, and other entitlements for the Leader of Opposition. The core purpose of the amendment is to align the Leader of Opposition's compensation with that of a Minister in the Government of the National Capital Territory of Delhi. This report details the specific changes, their rationale, and likely impact based solely on the provided policy text.
**2. Introduction:**
The purpose of this report is to provide an informative analysis of the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Amendment Act, 2022, based solely on the text of the act and associated documents provided. This analysis aims to clarify the changes introduced, their underlying reasons, and potential implications for stakeholders.
**3. Policy Overview:**
* This is an amendment to the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Act, 2001 (Delhi Act 6 of 2002).
* Core Objective(s): To increase the salaries, allowances, and other facilities of the Leader of Opposition in the Legislative Assembly of the Government of National Capital Territory of Delhi, aligning them with those of a Minister in the Delhi Government. This is intended to facilitate the Leader of Opposition in performing their duties effectively.
**4. Background and Rationale:**
The provided text indicates that the amendment is driven by a perceived inadequacy in the existing salaries, perks, and facilities for the Leader of Opposition. The text mentions a "persistent demand from the MLAs for the increase in their salaries and perks facilities having regard to the increase in the price index." While the demand is general, the amendment focuses on the Leader of Opposition, suggesting a specific need to upgrade their compensation to a level commensurate with the responsibilities of the role. The rationale also indicates a desire to bring the Leader of Opposition's compensation in line with that of other key figures such as Ministers.
**5. Key Provisions / Changes:**
This section focuses on the specific changes introduced by the amendment:
* **Section 3 of the Principal Act (2001 Act) is amended:** The original text of Section 3 is replaced entirely.
* **New Provision:** The new Section 3 states that the Leader of Opposition shall be entitled to receive a salary, allowances, and other entitlements equivalent to those admissible to a Minister under the Ministers of the Government of the National Capital Territory of Delhi Salaries and Allowances Act, 1994.
* **Effect of Change:** This change directly links the Leader of Opposition's compensation package to that of a Minister, ensuring parity in salary, allowances, and other benefits.
* **Omission of Sections:** Section 4 and Section 5 of the principal Act are removed. Section 6, 7, 8, and 9 are renumbered to Section 4, 5, 6, and 7 respectively. The content of the original section 4 and 5 are unknown without referring to the original legislation, thus the full effect of this omission is unclear from the provided text alone.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholder directly affected by this amendment is the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi. Indirectly, this may impact the members of the Legislative Assembly and the general public, who fund these salaries through tax revenue.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Lieutenant Governor is responsible for determining the date on which the amendment comes into effect by issuing a notification in the Official Gazette. The Legislative Assembly Secretariat is responsible for publishing the bill for general information. The Minister Law, Justice Legislative Affairs is responsible for the implementation of this bill.
* **Timelines/Procedures:** The amendment will come into effect on a date determined by the Lieutenant Governor.
* The act states that the implementation of the amendment will cause an additional annual recurring expenditure from the Consolidated Fund of the National Capital Territory of Delhi.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of these specific changes is to increase the financial compensation and benefits for the Leader of Opposition, making them equivalent to those of a Minister. This is expected to enable the Leader of Opposition to perform their duties more effectively by providing them with adequate resources and support. The amendment also aims to address perceived inadequacies in the previous compensation structure.
**9. Conclusion:**
The Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Amendment Act, 2022, significantly alters the compensation structure for the Leader of Opposition, aligning it with that of a Minister in the Delhi Government. This amendment reflects a policy decision to enhance the resources and support available to the Leader of Opposition, with the stated goal of improving their effectiveness. The changes are achieved by amending Section 3 and omitting sections 4 & 5 of the principal act, with new entitlements tied directly to the Ministers of the Government of the National Capital Territory of Delhi Salaries and Allowances Act, 1994. This amendment signals a recognition of the importance of the Leader of Opposition's role within the Delhi Legislative Assembly and is considered necessary to help them function effectively.
Key Entities Referenced
National Capital Territory of Delhi: A union territory and a metropolitan region encompassing New Delhi, the capital of India.
Delhi Legislative Assembly: The legislative assembly of the National Capital Territory of Delhi.
Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Amendment Act, 2022: A bill to amend the Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Act, 2001, related to salaries and allowances.
Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi Salaries and Allowances Act, 2001: The original act that the 2022 amendment bill seeks to modify.
Lieutenant Governor: The constitutional head of the National Capital Territory of Delhi.
Official Gazette: A government publication for official notifications.
Ministers of the Government of the National Capital Territory of Delhi Salaries and Allowances Act, 1994: Act governing the salaries and allowances of ministers in the Government of NCT of Delhi.
Kailash Gahlot: Minister of Law, Justice, and Legislative Affairs
Consolidated Fund of the National Capital Territory of Delhi: The fund from which the additional annual recurring expenditure will be drawn.
Raj Kumar: Secretary, Delhi Legislative Assembly
Mayapuri, New Delhi: Location of the Government of India Press.
Delhi: Location of Controller of Publications
रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99
भारत स रकार
GOVERNMENT OF INDIA
एस.जी.-डी.एलx.x-xअG.I-D0H5x0x7x 2022-237074
SG-DL-xEx-x0G5I0D7E2x0xx2 2-237074
असाधारण
EXTRAORDINARY
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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No. 355] DELHI, MONDAY, JULY 4, 2022/ASHADHA 13, 1944 [N. C. T. D. No.175
भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
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————
jkt dqekj] lfpo ¼fo/kku lHkk½[PART IV DELHI GAZETTE : EXTRAORDINARY 3
DELHI LEGISLATIVE ASSEMBLY SECRTARIAT
NOTIFICATION
Delhi, the 4th July, 2022
F. No. 21/18/LOOP/2022/LAS-VII/Leg./9752.—The following is published for general information:—
Bill No. 11 of 2022
THE LEADER OF OPPOSITION IN THE LEGISLATIVE ASSEMBLY OF THE NATIONAL CAPITAL
TERRITORY OF DELHI (SALARIES AND ALLOWANCES) (AMENDMENT) BILL, 2022.
(As introduced in the Legislative Assembly of the National Capital Territory of Delhi on 04 July, 2022)
By Order,
RAJ KUMAR, Secy.
THE LEADER OF OPPOSITION IN THE LEGISLATIVEASSEMBLY OF THE NATIONAL CAPITAL
TERRITORY OF DELHI (SALARIES AND ALLOWANCES) (AMENDMENT) BILL, 2022.
A
BILL
Further to amend the Leader of Opposition in the Legislative Assembly of the National Capital Territory of
Delhi (Salaries and Allowances) Act, 2001.
Be it enacted by the legislative Assembly of the National Capital Territory of Delhi in the Seventy-second year
of the Republic of India as follows:-
1. Short title and commencement.—(1) This Act may be called the Leader of Opposition in the Legislative
Assembly of the National Capital Territory of Delhi (Salaries and Allowances) (Amendment) Act, 2022.
(2) It shall come into force on such date as the Lieutenant Governor may, by notification in the Official
Gazette, appoint.
2. Amendment of section 3. – In the Leader of Opposition in the Legislative Assembly of the National
Capital Territory of Delhi (Salaries and Allowances) Act, 2001 (Delhi Act 6 of 2002) (hereinafter referred to as the
principal Act), for section 3, the following section shall be substituted, namely:-
“(3) The Leader of Oppositionshall be entitled to receive a salary, allowances, and such other entitlements as
are admissible to a Minister under the Ministers of the Government of the National Capital Territory of Delhi
(Salaries and Allowances) Act, 1994.”.
3. Omission of section 4 and section 5 and re-numbering of section 6, section 7, section 8 and section 9. – In the
principal Act, section 4 and section 5 shall be omitted, and section 6, section 7, section 8 and section 9 shall be re-
numbered as section 4, section 5 section 6and section 7, respectively.
STATEMENT OF OBJECTS & REASONS
For some time past, there has been persistent demand from the MLAs for the increase in their salaries and
perks/ facilities having regard to the increase in the price index. It was also felt that the salaries/ perks/ facilities of
Ministers/ Speaker/ Deputy Speaker/ Leader of Opposition/ Chief Whip are a bit inadequate which should be upgraded
and enhanced to a commensurate extent.
For the purpose, the Leader of Opposition in the Legislative Assembly of the National Capital Territory of
Delhi (Salaries and Allowances) (Amendment) Act, 2022, has been initiated to amend the Leader of Opposition in the
Legislative Assembly of the National Capital Territory of Delhi (Salaries and Allowances) Act, 2001. This Bill
proposes to increase the salaries, allowances & other facilities of the Leader of Opposition in the Legislative Assembly
of the Government of National Capital Territory of Delhi, so as to facilitate him to work effectively.
The Bill seeks to achieve the aforesaid objectives.
KAILASH GAHLOT, Minister (Law, Justice & Legislative Affairs)4 DELHI GAZETTE : EXTRAORDINARY PART IV]
FINANCIAL MEMORANDUM
For the implementation of the proposals contained in the Leader of Opposition in the Legislative Assembly of
the National Capital Territory of Delhi (Salaries and Allowances) (Amendment) Act, 2022, there will be an additional
annual recurring expenditure from the Consolidated Fund of the National Capital Territory of Delhi.
KAILASH GAHLOT, Minister (Law, Justice & Legislative Affairs)
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Leader of Opposition in the Legislative Assembly of the National Capital Territory of Delhi (Salaries and
Allowances) (Amendment) Act, 2022, does not seek to confer power of legislation on any subordinate functionaries.
KAILASH GAHLOT, Minister (Law, Justice & Legislative Affairs)
————
RAJ KUMAR, Secy. (Legilation)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.