-
His Highness the Maharaja Bahadur shall
preside over the meetings of the Council.
-
The council shall consist of the following
Members:
-
Revenue Member and Army Minister.
-
Finance and Police Member.
-
Member for Commerce and Industries.
-
Home and Law Member.
-
The Council shall have a Secretary and
the necessary establishment.
-
The quorum of the Council shall consists
of three Members.
-
In the absence of His Highness the Maharaja
Bahadur, the Member senior amongst the Members present at the meeting shallpreside
and the proceedings of such meetings shall be submitted by the Council
Secretary to His Highness for his sanction, and no resolution shall come
into force until it is sanctioned by His Highness.
Should His Highness disapprove
of any Council Resolution arrived at in his absence he will command the
Council Secretary to direct the Members of Council to attend at such time
and place as His Highness may appoint for discussion in his presence of
the subject involved. His Highness will preside and after the members have
been given the opportunity of explaining their views, His Highness will
decide and announce his decision in Council as to whether the Resolution
shall be confirmed or vetoed.
-
At any meeting of the Jammu and Kashmir
State Council at which His Highness the Maharaja Bahadur is present, if
their is a difference of opinion on any question, His Highness may, if
he does not agree with the opinion of the majority, exercise his right
of veto in the Council. In such a case the determination of the question
shall follow the commands of His Highness.
-
With the exception of the subjects enumerated
below, which are reserved for the direct commands of His Highness, all
matters shall be dealt with by His Highness i n Council and the proceedings
of the Council shall be submitted to His Highness and to the Members by
the Council Secretary for signatures, no Resolution being brought into
force until the proceedings have been duly signed and sanctioned.
-
In the Reserved Subjects enumerated
below the follow-ing procedure shall be adopted:
-
Military matters shall be submitted
to His Highness for His Commands by the Colonel-on-the staff.
-
Subjects dealt with by the Foreign Department
shall be submitted to His Highness for His commands by the foreign Secretary.
-
Cases connected with Reserved Subjects
other than those mentioned in No. 25 shall be submitted to His Highness
for His commands by the Member concerned through the State Secretary.
-
Civil and criminal appeal and applications
and cases for confirmation of sentences of death or imprisonment for life
shall be submitted by the Law Member after hearing the parties with his
opinion through the State Secretary for the commands of His Highness.
-
Nothing here in contained shall, in
any way, derogate from the power of His Highness to refer any matter enumerated
in the list of Reserved Subjects to Council whenever he may consider it
expedient to do so.
RESERVED
SUBJECTS
-
Military.
-
Political matters affecting the peace
and good Government of the State.
-
Treaties and agreements now in force
or which may here-after be entered into by His Highness with the British
Government of his Feudatory Chiefs.
-
The relations between His Highness and
the British Governments of his Feudatory Chiefs.
-
Prerogatives and powers of His Highness,
and the rights, priveleges, gifts and allowances of the Ruling Family,
its relations and connections.
-
Titles, Salutes, Ceremonials, Tours
and Special occasions.
-
Frontier Affairs.
-
Residency and Residency Correspondence.
-
Khillats, Tambols, Vartans and Grants
at His Highness disposal.
-
Toshakhanas.
-
Rakhs and Game Preservation.
-
State Representatives.
-
Baggikhana, Malmaveshi, Stables, Boats
and Cars.
-
Jagirs and Muafis.
-
Devasthans and Dharmarth Trust Fund.
Note: - Petitions submitted
direct to His Highness shall be referred by the State Secretary to the
Member-inCharge of the Department concerned for disposal or report as the
case may require.
POWERS
OF THE COUNCIL
-
Subject to the sanction of His Highness,
the Council shall be the final authority in all matters which cannot be
dealt with finally by any Member or any other officer, by virtue of powers
delegated to him under any laws rule, regulation, order, resolution or
practice sanctioned before the constitution of the Council, or by the Council
or sanctioned in future by the Council with the exception of cases relating
to the subjects reserved for the commands of His Highness under the title
of Reserved Subjects.
-
The Council shall, amongst other things,
be empowered:
-
to see that the Annual Budget is framed
and submitted to Council six weeks before commencement of the next Financial
Year;
-
to pass the Annual Budget;
-
to sanction the reappropriation of any
expenditure from one Head to another of the General Budget, over and above
the powers delegated to Members;
-
to sanction all extra-grants not provided
for in the Budget;
-
to sanction leave to officers, over
and above the powers delegated to Members;
-
to pass progress and other Reports submitted
by members;
-
to settle boundary disputes and questions
relating to the Settlement Department, over and above the power delegated
to-the Member concerned;
-
to sanction suspensions of remissions
of Revenue over and above the power delegated to Member concerned;
-
to issue instructions for the more efficient
organisation and despatch of business in the various departments of the
State and to make rules to regulate the proceedings of any department;
-
to settle all matters pertaining to
more than one department;
-
to revise any order passed by the Member-in-Charge
of a department;
-
to call for and modify any proceedings
in any department of the Administration and to stay the execution of any
order pending the final decision of Council; and
-
to sanction scheme of general reform,
no such scheme being introduced without the previous sanction of Council.
As regards Revenue Appeals, applications
for Review or Revision, the opinion of the Law Member shall, where he agrees
with Revenue Member, be treated as the decision of the State Council, and
the Secretary State Council shall inform the Revenue Member accordingly,
to enable him to take action accordingly. In cases in which the Law Member
differs from the Revenue Member, the papers shall be submitted to the Council
by the Secretary of Council with a detailed note for orders.
Note: - Reserved subjects
shall be excluded from the operation of clauses C to H both inclusive above.
DISTRIBUTION
OF PORTFOLIOS
The following matters shall be under
the direct control of His Highness the Maharaja Bahadur:
-
Military.
-
Foreign.
-
General Supervision.
-
Political Matters affecting the peace
and good Government of the State.
REVENUE MEMBER
-
Land Revenue.
-
Jagirs and Muafis.
-
Revenue Settlement.
-
Civil Veterinary Department.
-
Devasthans and Dharmarth Trust Fund.
-
Road cess, Patwar Fund and Chowkidars
funds.
-
State property in British India.
HOME AND LAW
MEMBER
(a) Home
Member.
-
Education.
-
Medical and Jails.
-
Municipalities.
-
Research and Libraries.
-
Archeology and Museums.
-
Manageries,
-
Meterological Department.
-
Telegraph Department.
-
Telephone Department.
(b) Law Member:
-
Judicial Department and Legislation.
-
Civil and criminal appeal and applications
and cases for confirmation of sentences of death or imprisonment for life.
-
Tasdiqi- i- wasiqajat on which His Highness
the Maharaja Bahadur commands are required by law.
FINANCE AND
POLICE MEMBER
-
Finance.
-
Treasuries.
-
Accounts,
-
Audit.
-
Stamps.
-
Kashmir Valley Food Control.
-
Police.
-
Police special Reports, such as Accidents,
Riots, Arrival and suspicious movements or actions of visitors.
-
Co-operative Credit Societies.
MEMBER FOR
COMMERCE AND INDUSTRIES
-
Forests.
-
Sericulture, Silk Weaving and Mulbery
Culture.
-
Mineral Survey.
-
Commerce and Industries.
-
Excise.
-
Customs.
-
Stationery.
-
Industrial Education.
-
Printing Presses.
-
Agriculture and Horticulture.
PUBLIC WORKS
MEMBER
-
Irrigation.
-
Roads and Buildings.
-
Electrical Department.
-
Mechanical Department.
RULES FOR
CONDUCT OF BUSINESS IN THE COUNCIL
The Rules for the conduct of business
in the Council shall Be as follows:
1. Every case to be submitted to
Council shall be sent to the Council Secretary by the Member concerned.
The Member concerned shall see that a complete Precis of the case is drawn
up, and that his own opinion and the opinions of the Head of the Department
or Heads of Departments subordinate to him and affected by the question
at issue are duly recorded.
In every case in which financial
issues are involved, the opinion of the Finance Member shall be obtained
by the Members concerned and submitted with the case to Council.
When it is proposed to sanction,
amend, or repeal any regulation, rule, law, order or notification the opinion
of the Law Member shall be obtained by the Members concerned and submitted
with the case to Council.
In every case which directly affects
more than one Member of Council, the Member submitting the case shall see
that the opinion of the other Member or Members directly concerned and
the opinion of the Heads of the Department affected are duly obtained and
recorded before the case is referred to Council.
-
The Council Secretary shall prepare,
in the order of the receipt, a list of all cases received from Members
in the prescried and complete form, he shall then draw up the Agenda for
the Council Meeting: as a general rule, no case shall be entered in the
Agenda unless it has been received at least four clear days before the
next meeting is due to take place.
-
When the Agenda has been drawn up, copies
shall be submitted to His Highness and forwarded to every Member at least
48 hours before the time fixed for the Meeting of Council except in emergent
cases.
-
Except as provided for in Rule 16, the
Council shall: assemble as such time and place as may be appointed by His
Highness the Maharaja Bahadur or the Presiding Member. The Secretary shall
inform all Members of the time and place so appointed for the meeting.
-
The Council shall, as far as may be
practicable meet on two consecutive days in every fortnight, but arm matter
of special urgency requiring immediate disposal may be dealt with at an
extraordinary meeting which may be called at any time by His Highness the
Maharaja Bahadur in the manner provided in Article 20.
-
Three Members shall constitute a quorum.
-
If a Member is unable to attend any
meeting, he shall notify the fact in writing to the Secretary.
-
The business of the Council shall be
transacted in English.
-
If any Member desires postponement of
the consideration of any case, it shall be postponed, unless His Highness
the Maharaja Bahadur or the Presiding Member, for reasons to be recorded,
rules otherwise.
-
All cases so postponed shall be taken
up at the subsequent meeting of Council if practicable.
-
Any cases not disposed of at a meeting
of Council shall be taken up at the next meeting if practicable.
-
Should the Council decide to refer any
question to a Select Committee, the Chairman and the other Members of the
Committee shall be appointed by the Council. The Council may authorise
any such Committee to record evidence or to summon representatives of any
class or community.
-
In all cases discussed in the Council,
if there be no difference of opinion, the decision of the Council shall
be recorded in the form of a Resolution. If opinion be divided, the question
shall be put to the vote and the opinion of majority shall be recorded
in the form of resolution, the Presiding Member being entitled to a casting
vote in the event of the votes being equally divided, but in all cases
where the decision is not unanimous, the opinion of every Member shall
be separately recorded.
-
The proceedings of such Council meeting
as are held in the absence of His Highness the Maharaja Bahadur shall be
submitted by the Council Secretary to His Highness for his sanction and
no resolution shall come into force until and unless it has been sanctioned
by his Highness. Should His Highness disapprove of any Council Resolution
arrived at during his absence he will command the Council Secretary to
direct the Members of Council to attend at such time and place as his Highness
may appoint for discussion in his presence of the subject involved. His
Highness will preside and after the Member have been given the opportunity
of explaining their views, His Highness will announce his decision in Council
as to whether the Resolution shall be confirmed or disallowed.
-
All orders of the Council shall be issued
in the name of His Highness in Council and shall be signed by the Secretary.
-
The proceedings of the Council shall
be reduced to writing in the form of proceedings which shall be signed
by all the Members present at the meeting concerned and shall also be recorded
by the Secretary in a Minute Book, which shall be signed by His Highness
the Maharaja Bahadur.
-
In the absence of His Highness the Maharaja
Bahadur the duties assigned to him under these rules shall be discharged
by the Member Senior amongst the Members present at the meeting subject
to the provisions of Article 16.
-
Under orders of His Highness the Maharaja
Bahadur any papers requiring immediate disposal shall be circulated by
the Council Secretary amongst the Members of the State Council for their
opinion, on receipt of which the case shall be laid before His Highness
for commands, which will be communicated to the Member concerned. Such
cases shall in due course be recorded in the Council proceedings in a complete
form. No member shall retain a case so circulated for more than 2 days.
Note: - All the Members
of Council and Secretaries attending Council meetings, shall do so in black
Achkans or black morning or frock coats
DUTIES
OF THE SECRETARY OF THE COUNCIL
-
to receive all papers submitted to the
Council;
-
to prepare and circulate t!1e Agenda
of Business and to give due notice of meeting to Members;
-
to return cases to Members which have
not been submitted in a complete form as laid down in Rules 1 to 4;
-
to record the proceedings of Council;
-
to obtain His Highness sanction to the
Resolutions of such Council meetings as are held in his Highness absence;
-
to issue to the Members concerned the
Resolutions of Council without loss of time;
-
to furnish each Member with a copy of
the printed proceedings;
-
to comply with requisitions made by
the Members of the Council;
-
to see that reports called for by the
Council are promptly sent for from the Department concerned;
-
to supervise the working of the office
and be responsible for the custody and maintenance of records;
-
the Secretary, subject to appeal to
Council shall have complete control over his office establishment including
the superintendent, in the matters of appointment, suspension, leave, punishment
and promotion;
-
he shall be responsible for the custody
of the seal of the Council and for tile maintenance of the usual office
registers, a list of pending references and the Minute Book of proceedings
of the Council;
-
in all cases in which the Secretary
sees no objection, copies of Resolution of the present and the late State
Council and of His Highness orders passed in the interim between the abolition
of the old Council in 1905 and the constitution of the new Council in January
in 1922 if applied for, may be given by him to applicants without reference
to Council;
-
The Council Secretary shall be empowered
to authorise fluctuating expenditure and to pass travailing allowance bills
of his subordinate establishment within the allotments provided;
The Council Secretary shall dispose
of notices served on the Government under Section 79, 80, 82 (i), 89 (i)
order XXVII Rules 2,3,4,5 and 8 order XLI, Rule 7 and appendix XIX (2)
of the Civil procedure code, vice Council Resolution No. 72 dated the 4th
September 1922. |