Legal Document No 36
Consequent on the abolition of Council
the following arrangements as to the conduct of work by the Ministers and
the Chief Ministers are hereby laid down:
The Ministers shall for the present
continue to exercise the same delegated authority in respect of the various
departments under their control, which they used to exercise as Members
of Council during the existence of the State Council, and shall submit
such matters for the orders of His Highness the Maharaja as were submitted
to that administrative body for dicision Such matters shall be submitted
through the Chief Minister accompanied by a clear memorandum on the case
and the connected files. His Highness may, if he considers necessary make
verbal enquiries from the Minister about a matter thus submitted to him,
by calling upon the Minister concerned to to attend at a special time.
The Chief Minister shall be the channel of communication between the Ministers and His Highness the Maharaja. All references received by the Chief Minister from the different Ministers shall be forwarded by him to His Highness the Maharaja for orders, together with his own opinion on the proposals as made by the different Ministers. When submitting the files to His Highness the Maharaja, the Chief Minister will forward with them an abstract of the case which shall be prepared in the office of the Chief Minister in form appended hereto. A chalan giving the details of the cases thus sent up should also be forwarded. This chalan shall be signed by the Private Secretary to His Highness and returned to the Chief Minister's Office. On the day following the one on which the papers are thus received, they will be produced before His Highness and the Chief Minister by the Private Secretary at the time fixed for the transaction of such business. The items of business in which His Highness has only to express an agreement with the Chief Minister's views shall have a note made to the effect in that statement, while the references in which His Highness entertains a different opinion shall be discussed -with the Chief Minister, and their final opinion arrived at shall form the basis of His Highness's order which shall on its being passed be recorded and note thereof duly entered in the appropriate column in the said statement. Such cases when -finally disposed of by His Highness shall also be returned to the Chief Minister, together with the statement above referred to, setting forth the orders of His Highness on the references submitted to him. The Chief Minister shall then retain in his office the abstract of each case sent up by him, his own note of opinion, and the original order of His Highness, and shall communicate the orders passed on the references by His Highness to the Ministers concerned, returning to them at the same time the original files.
His Highness reserves to himself the function of seeking the advice of the Resident in Kashmir in matters of importance, particularly where difference of opinion is involved, in such manner as he may consider desirable.
The fortnightly abstract of proceedings to be sent up to the Resident shall be prepared in the Chief Minister's Office and forwarded to the Residency by the Chief Minister.