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GOVERNMENT OF SIKKIM
HOME DEPARTMENT
NOTIFICATION NO.H(GA)XIV/75/14
GANGTOK, THE 16TH MAY, 1975.
THE SIKKIM GOVERNMENT RULES OF BUSINESS
In exercise of the powers
conferred by clause (3) of the article 166 of the Constitution of India, the
Governor of Sikkim is pleased hereby to make the following rules namely:-
PART I
PRELIMINARY
1.
These
rules may be called the Sikkim
Government Rules of Business.
2.
In
these rules, unless the context otherwise requires:
(a)
“article”
means an article of the Constitution of India;
(b)
“Council”
means the Council of Ministers constituted under article 163;
(c)
“Secretary”
means a Secretary to the Government of Sikkim and includes a Joint Secretary, a
Deputy Secretary and an Under Secretary.
(d)
“Schedule”
means a schedule appended to these rules.
PART II
Disposal
of Business
3.
Each
department of the Secretariat shall consist of the Secretary to the Government
who shall be the official head of the department and of such other officers and
servants subordinate to him as the State Government may determine;
Provided that –
(a)
more
than one department may be placed in charge of the same Secretary;
(b)
the
work of a department may be divided between two or more Secretaries.
4.
The
Council shall be collectively responsible for all executive orders issued in
the name of the Governor in accordance with the rules whether such orders are
authorised by the Council or by an individual Minister on a matter pertaining
to his portfolio or as a result of discussions at a meaning of the Council or
otherwise.
5.
Subject
to the orders of the Chief Minister under rule 11 all cases referred to in the
second schedule shall be brought before the Council in accordance with the
provisions of Part III;
Provided that no case in regard to which the Finance Department is required to be consulted under the provisions of these rules shall, save in exceptional circumstances under the directions of the Chief Minister, be discussed by the Council unless the Finance Minister has had the opportunity for its consideration.
6.
Without
prejudice to the provisions of rule 4, the Minister in charge of a department
shall be primarily responsible for the disposal of the business pertaining to
that department.
7.
(1) No department shall without previous
consultation with the Finance Department authorise any orders (other than
orders pursuant to any general dislocation made by the Finance Department)
which –
(a)
either
immediately or otherwise will effect the Finance of the State; or
(b)
involve
any grant of land or assignment of revenues; or
(c)
in any
way involve any relinquishment of revenue.
(2)
No
proposal which requires the previous consultation of the Finance Department
under these rules, but in which the
Finance Department has not concurred, may proceed with unless a decision to
that effect has been taken by the Council.
(3)
No
re-appropriation shall be made by any department other than Finance Department,
except in accordance with such general delegations as Finance Department may
have made.
(4)
Except
to the extent a power may have been delegated to the department under rules approved by the Finance
Department, every order of an administrative department conveying a sanction to
be enforced in Audit shall be communicated to the Audit authorities by the
Finance Department.
(5)
Nothing
in these rules shall be construed as authorising any departments including the
Finance Department, to make re-appropriation from one grant specified in the
Appropriation Act to another such grant.
(6)
The
Finance Department shall after previous consultation with the Home Department,
authorise any orders which-
(a)
relate
to the number of grading or cadre of posts or the emoluments or other
conditions of service or posts;
(b)
involve
the addition of a posts or the abolition of a post from the public service or
the authorised emoluments of any post;
(c)
involve
the sanction of allowances or special or personal pay for any post or classes
of posts;
(d)
involve
an expenditure for which no provision has been made in the appropriation Act or
which is in excess of the provisions made in that Act, in as far as this may relate
to the functions or functionaries directly under the Finance Department.
7A. Financial Powers: -
(a) The
Chief Minister shall sanction expenditure not exceeding Rs. 20 (Twenty) lakhs
in each individual case.
(b) The
Speaker and Cabinet Ministers shall sanction expenditure not exceeding Rs. 10
(ten) lakhs in each individual case.
(c) The
Ministers of State shall sanction expenditure not exceeding Rs. 5 (five) lakhs
in each individual case.
(d) Sanction
exceeding the amounts as mentioned in (a) above shall be placed before the
Cabinet.
Provided that the exercise of the powers
mentioned above shall be subject to the following conditions, namely:-
(a) There
is specific provision in the Budget;
(b) The
proposals are processed through the Finance and Planning and Development
Departments before submission to the competent authority for sanction; and
(c) The
expenditure sanctioned is non-recurring.
PART III
Procedure
of the Council
8. The Chief Secretary or such other
officer as the Chief Minister may
appoint, shall be the Secretary to the Council.
9.
All
cases referred to in the First Schedule shall be submitted to the Chief
Minister after consideration by the Minister in charge with a view to obtaining
his orders for circulation of the case under rule 13, or for bringing it up for
consideration at a meeting of the Council.
10.
(1)
The Chief Minister may direct that any case referred to in the First Schedule
may, instead of being brought up for discussion at a meeting of the Council, be
circulated to a Minister for opinion, and if all the Ministers are unanimous
and the Chief Minister thinks that a discussion at a meeting of the Council is
unnecessary, the case shall be decided without much discussion. If the
Ministers are not unanimous or if the Chief Minister thinks that a discussion
at a meeting is necessary the case shall be discussed at a meeting of the
Council.
(2) If it is decided to circulate
for opinion any case to the Ministers, copies of all papers relating to such
case which are circulated amoung the Ministers shall simultaneously be sent to
the Governor.
11.
(1)
In cases which are circulated for opinion under rule 10, the Chief
Minister may direct, if the matter is urgent that if any Minister fails to
communicate his opinion to the Secretary to the Council by a date to be
specified by him in the memorandum for circulation, it shall be assumed that he
has accepted the recommendation contained therein.
(2)
If the Ministers have accepted the recommendations contained in the
memorandum for circulation or the date by which they were required to
communicate their opinion has expired, the Secretary to the Council shall
submit the case to the Chief Minister. If the Chief Minister accepts the
recommendation and if he has no observation to make, he shall return the case
to the Secretary who will pass it on to the Secretary concerned who will
thereafter take steps to issue the necessary orders.
12.
When it has been decided to bring a case
before the Council, the department to which the case belongs shall, unless the
Chief Minister otherwise directs, prepare a memorandum indicating with sufficient precision the
salient facts of the case and the
points for decision. Such memorandum and such other papers as are necessary to
enable the case to be disposed of shall be circulated to the Ministers. Copies
of the memorandum and other papers shall at the same time be sent to the
Governor.
13.
In case which concern more Ministers than
one, the Ministers shall attempt by previous discussion to arrive at an
agreement. If an agreement is reached, the memorandum referred to in rule 11 or
rule 12 shall then adopt the general
recommendation of the Ministers concerned and if no agreement is reached the
memorandum shall state the points of difference and the recommendations to each
of the Ministers concerned.
14.
(I) The Council shall meet at such place and
time as the Chief Minister may direct.
(2) After
an agenda paper showing the cases to be discussed at a meeting of the Council
has been approved by the Chief Minister, copies thereof together with copies of
such memorandum as having been circulated under rule 12 shall be sent by
the Secretary to the Council to the
Chief Minister and other Ministers so as to reach them two clear days before
the date of such meeting,. The Chief Minister may in case of emergency curtail
the said period of two days. Copies of the agenda and the memoranda shall at
the same time be sent to the Governor.
(3)
Except
with the permission of the Chief Minister, no case shall be placed on the
agenda of a meeting unless papers relating thereto have been circulated as
required under rule 12.
(4)
If any
Minister is on tour, the agenda paper shall be forwarded to the Secretary in
the department concerned who, if he considers that the discussion of any case
should await the return of the Minister, may request the Secretary to take the
orders of the Chief Minister for postponement of the discussion of the case
until the return of the Minister.
(5)
The
Chief Minister or in his absence any other Minister nominated by him, shall
preside at a meeting of the Council.
(6)
The
Secretary to the Department concerned with a case shall attend the meeting
unless his presence is excused by the Chief Minister.
(7)
The
Secretary to the Council shall attend all meetings of the Council and shall
prepare a record of the decisions. He shall forward a copy of such record to
each of the Ministers including the Chief Minister and to the Governor.
15.
(1)
When a case has been decided by the Council after discussion at a
meeting, the Minister concerned shall take action to give effect to the
decision.
(2) The record of the case to be maintained
by the Secretary to the Council shall consist of
(i)
A copy
of all papers circulated under rules 12 and 14;
(ii)
a copy
of the record prepared under rule 14(7).
(3) The decision of the Council relating to
each case shall be separately recorded and after approval by the Chief Minister
or any other Minister presiding, shall be placed with the record of the case
and a copy of the approved draft shall be sent to the Governor.
PART IV
Departmental
Disposal of Business
A-
General
16.
Except as otherwise provided by any
other rule, cases shall ordinarily be disposed of by or under the authority of
the Minister-in-Charge who may, by means of standing orders give such
directions as he thinks fit for the disposal of cases in the department. Copies
of such standing orders shall be sent to the Governor and the Chief Minister.
17.
Each Minister shall by means of standing
order arrange with the Secretary of the Department that matters or classes of
matters are to be brought to his personal notice. Copies of such standing
orders shall be sent to the Governor and the Chief Minister.
18.
(I)
Except as otherwise provided therein, cases shall be submitted by the Secretary
in the department to which the case belongs to the Minister in charge.
(2) A case in which consultation
with any other department is required under these rules, shall not be submitted
to the Minister unless that department has been consulted. In submitting the
case to the Minister the Secretary shall specifically invite the attention of
the Minister in charge to the views of the Department.
19.
Every Tuesday, the Secretary shall submit
to the Minister in charge, a statement showing particulars of cases disposed of
in the department by the Minister and the Secretary respectively, during the
preceeding week. A copy of the statement showing cases disposed of by the
Minister, shall simultaneously submitted to the Chief Minister and to the
Governor.
20.
When the subject of a case concerns more
than one department, no order shall be issued nor shall the case be laid before
the Council until it has been
considered by all the Departments concerned unless the case is one of extreme
urgency.
21.
If the departments concerned are not in
agreement regarding the case dealt with under rule 11, the Minister in charge
of the department may, if he wishes to proceed with the case direct, that the
case be submitted to the Chief Minister for orders for laying the case before
the Council.
22.
(I) A Secretary may ask the papers in
any department other than the Finance Department to be seen, if such papers are
required for the disposal of a case in his department.
(2) Such request shall be dealt with under the general or special orders of the Minister in charge.
(3) A Minister may send for any papers
from any department for his information provided that, if he is of opinion that
any further action should be taken on them, he shall communicate his views to
the Minister in charge of the department concerned and, in case of disagreement
may submit the case to the Chief Minister with a request that the matter be
laid before the Council. No further notes shall be recorded in the case before
the papers are so laid before the Council.
Provided that if the paper is of a
secret nature, it shall be sent to the Minister only under orders of the
Minister in charge of the department to which it belongs:
Provided further that no paper under
disposal shall be sent to any Minister until it has been seen by the Minister
in charge of the Department to which it belongs.
(4) (a) All
papers relating to any matter that may have to be submitted to the Council or
to the Chief Minister, shall be submitted through the Chief Secretary, who will then forward the same
with his comments, if any. The Chief Secretary also may, on the orders of the
Chief Minister or of any other Minister or of his own motion, ask to see any
paper relating to any case in any department and any such request by him shall
be complied with by the Secretary of the department concerned.
(b) The
Chief Secretary may, after examination of any case requisitioned by him in his
motion or on the orders of some Minister, submit it for orders of the Minister
in charge or of the Chief Minister through the Minister in charge.
(5)
The
Chief Secretary may call for powers from any Department.
23.
If a question arises as to the department
to which a case properly belongs, the matter shall be referred for the decision of the Chief Secretary who will, if
necessary, obtain the orders of the Chief Minister.
24.
All
communications received from the Government of India (including those from the
Prime Minister and other Minister of the Union) other than those of routine or
unimportant character, shall as soon as possible after receipt, be submitted by
the Secretary to the Minister in charge and to the Governor and the Chief
Minister for information.
25.
Any
matter likely to bring the State Government into controversy with the
Government of India or with any other State Government shall, as soon as the
possibility of such a controversy is seen, be brought to the notice of the
Governor and the Chief Minister and the Minister in charge.
26.
(I) The following classes of case shall
be submitted to the Chief Minister before issue of orders:
(i)
Proposal
for the grant of pardons, reprieves, respites, or remissions of punishment or
for the suspension, remission or commutation of a sentence in pursuance of
article 16.
(ii)
Cases
raising questions of policy and cases of administrative inportance not already
covered by the First Schedule.
(iii)
Constitution
of any advisory board under article 22(4)(a)
or any other statutory provision for the detention of persons without
trial.
(iv)
Proposal
for the dismissal, removal or compulsory retirement of any accused officer.
(v)
Proposal
for the appointment and posting of the following officers:
(a)
Development
Commissioner,
(b)
Secretaries
and Joint Secretaries of Departments of Government
(c)
Heads
of Departments
(d)
District
Judge
(e)
District
Magistrate/District Officers
(f)
Commissioner
of Police.
(g)
Superintendents/Deputy
Commissioners of Police
(h)
Superintending
Engineers.
(vi) Any communication from the Election Commission, especially with reference to its requirements as to staff and action proposed to be taken.
(vii)
Appointment
of Chief Secretary.
(2)
The
following classes of cases shall be submitted by the Chief Minister to the
Governor before the issue of orders:
(i)
Cases
raising questions of policy
(ii) Proposal for the appointment and
designation and removal of the Advocate General of the State.
(iii)
Recommendations
of the Governor for presentation to the Legislative Assembly, of annual
Financial statements and statements relating to supplementary, additional or
excess grants and appropriation bills.
(iv)
Cases
which affect the relation of the State Government with the Government of India, any other State Government, the
Supreme Court or the High Court.
(v)
Cases
which affect or are likely to affect the peace and tranquility of the State.
(vi)
Cases
pertaining to the Governor’s personal establishment and Government house
matters.
(vii)
Proposals
for the appointment of Chairman and members of the Public Service Commission.
(viii)
Any
departure from these rules which come to the notice of the Chief Secretary or
the Secretary of any department.
(ix)
Such
other cases of administrative importance as the Chief Minister may consider
necessary.
27.
The Chief Minister shall-
(a) cause
to be furnished to the Governor such opinion relating to the administration of
the affairs of the State and proposals for legislation as the Governor may call
for; and
(b)
if the
Governor so requires submission for the consideration of the Council any matter
on which a decision has been taken by a Minister but it has not been considered
by the Council.
28.
The
Finance Department shall be consulted before the issue of Orders upon all
proposals which affect the finances of the State and in particular -
(a)
proposals
to add any post or abolish any post from the public service or to vary the
emoluments of any post;
(b)
proposals
to sanction an allowance or special or personal pay for any post or class of
posts or to any servant of the Government of the State;
(c)
proposals
involving abandonment of revenue or involving an expenditure for which no
provision has been made in the Appropriation Act.
29.
The view of the Finance Department shall
be brought to the permanent record of the Department to which the case belongs
and shall form part of the case.
30.
The Finance Department may by general or
special order prescribe cases in which its assent may be presumed to have been
given.
31.
(1)
The Finance Minister may call for any papers in a case in which any of the
matters referred to in rule 7 or rule 28 is involved and the Department to
which the request is addressed shall supply the papers
(2) On receipt of papers called for under
sub-rule (1), the Finance Minister may request that the papers with his note on
them shall be submitted to the Council.
(3)
The
Finance Department may make rules to govern financial procedure in general in
all Departments and the dealings of other departments with the Finance
Department.
32.
Except as hereinafter provided the Law
Department is not, in respect of legislation, an originating or initiating
Department and its proper function is to put into technical shape the projects
of legislation of which the policy has been approved; and every proposal to
initiate legislation shall be considered in, and if necessary transferred to,
the department to which the subject-matter of the legislation relates and the
necessity for legislation and all matters of substance to be embodied in the
bill shall be discussed and, subject to rule 5 settled in such department.
33.
Proposals
to initiate legislation shall be treated as a case and shall be disposed of
accordingly;
Provided that the case shall not be
submitted to the Chief Minister until the Department concerned has consulted
the Law Department as to-
(i) the need for the proposed legislation from a legal point of
view
(ii)
the
competence of the State Legislature to enact the measure proposed
(iii)
the
requirements of the Constitution as to obtaining the previous
sanction of the President thereto; and
(iv) the consistency of the proposed measures
with the provisions of the Constitution, and in particular those relating to the
Fundamental Rights.
34.
If
legislation is decided upon by the Minister in charge the department will, if
the legislation involve expenditure from the consolidated Fund of the State,
prepare in consultation with the Finance Department a final memorandum. The
papers shall then be sent to the Law Department requesting it to draft the Bill
accordingly.
35.
The
Law Department shall thereafter prepare a draft Bill and return the case to the
Department concerned.
36.
The
Administrative Department shall obtain the opinions of such officers and bodies
as it seems necessary on the draft Bill and submit the opinion received with a
copy of the tentative Draft Bill to the Minister in charge.
37.
If the
tentative Draft Bill is approved by the Minister in charge it shall be circulated
to the other Ministers and copy supplied to the Governor and unless the Chief
Minister directs otherwise the tentative Draft Bill shall be brought before a
meeting of the Council.
38.
If it is
decided to proceed with the Bill, with or without amendments, the originating
Department shall send the case to the Law Department requesting it to prepare a
final draft of the Bill.
39.
The Law
Department shall then finalise the draft and send a draft Bill to the
originating Department indicating at the same time the sanctions, if any,
required for the Bill. If any provisions in the Bill involving expenditure from
the Consolidated Fund of the State are modified in the finalised draft the
Department shall send the finalised draft Bill to the Finance Department for
revising, if necessary, the financial memorandum.
40.
The
originating Department will then transfer the final Draft Bill to the Law
Department with the instructions Government thereon. After such transfer the
Bill shall be deemed to belong to the Law Department.
41.
Notwithstanding
anything contained in rule 31, measure designed solely to codify and
consolidate existing enactments and legislation of a formal character such as
repealing and amending Bills may be initiated in the Law Department:
Provided that the Law Department shall send
a copy of the Draft Bill to the Department which is concerned with the subject
matter, for consideration as an administrative measure and the Department to
which it is sent shall forthwith make such enquiries as it thinks fit and shall
send to the Law Department it opinion thereon together with a copy of every
communication received by them on the subject.
42.
(1) Whenever a private Member of the State
Legislature gives notice of his intention to move for leave to introduce Bill,
the Law Department shall forthwith send a copy of the Bill and the statement of
Objects and Reasons for information to the Chief Minister and the Department to
which the case belongs.
(2)
The Bill
shall be dealt with as a case by the Law Department in the first instance where
it shall be considered in its technical aspects, such as need for previous
sanction of the President and the competence of the State Legislature to enact
the measures and then forward with its opinion to the Department to which the
case belongs.
(3)
If any
provisions of such Bill involve expenditure from the Consolidated Fund of the
state, the Department shall, before it is circulated, prepare in consultation
with the Finance Department the financial memorandum in respect of the Bill.
43.
The
provisions of rule 42 shall apply as far as may be to amendments of substance
recommended by the Select Committee and also to all amendments, notice of which
is given by Members of the State Legislature for being moved during the
consideration of a Bill in that Legislature.
44.
(1) When a Bill has been passed by the
Legislature it shall be examined in the Department concerned and the Law
Department and shall be forwarded to the Governor with –
(a)
a report of
the Secretary of the Department concerned as to the reasons, if any, why the
Governor’s assent should not be given,
and
(b)
a report of
the Law Secretary as to the reasons, if any, why the Governor’s assent should
not be given or the Bill should not be reserved for the consideration of the
President.
(2)
Where the
Governor directs that the Bill should be reserved for the consideration of the
President or returned to the Legislature with a message, necessary action in
that behalf shall be taken by the Secretary to the Governor in consultation
with the Secretary to the Administrative Department concerned and the Law
Secretary.
(3)
After
obtaining the assent of the Governor or the President, as the case may be, the
Law Department shall take steps for the publication of the Bill in the official
gazette as an act of the Legislature.
45.
Whenever it
is proposed in any Department other than the Law Department –
(i)
to issue a
statutory rule, notification or order,.
or
(ii)
to sanction
under a statutory power the issue of any rule, bye-law, notification or order
by a subordinate authority
or
(iii)
to submit to
the Central Government any draft statutory rules, notification or order for
issue by them;
the draft shall be referred to the Law Department for
opinion and for revision, where necessary.
46.
(1) All administrative Departments shall consult
the Law Department on –
(a)
the
construction of statutes, Acts, regulations and statutory rules, orders and
notifications;
(b)
any general
legal principles arising out of any case, and
(c)
the
institution or withdrawal of any prosecution at the instance of any
administrative Department
(2)
Every such
reference shall be accompanied by an accurate statement of the facts of the
case and the point or points on which the advice of the Law Department is
desired.
Part V
Special Responsibilities of the Governor
47.
Where the
Governor has, in the exercise of his special responsibility under clause (g) of
article 371F, passed any orders, the same shall be complied with by the
Minister and the Secretary concerned.
48.
The Governor
may call for any case, paper, report or other documents which he considers
necessary for the discharge of his special responsibility under clause (g) of
article 371F and the person concerned shall comply with such requisition
without delay.
Part VI
Supplementary
49.
The Secretary
of the Department concerned is in each case responsible for the careful
observance of these rules and when he considers that there has been any
material departure from them he shall personally bring the matter to the notice
of the Minister in charge and the Chief Secretary
50.
These rules
may to such extent as necessary be supplemented by instructions to be issued by
the Governor on the advice of the Chief Minister.
BY ORDER OF THE GOVERNOR
T.S.GYALTSEN,
Chief Secretary,
Government of Sikkim.
FIRST SCHEDULE
1.
Proposals for
the appointment or removal of the Advocate General or for determining or
varying the remuneration payable to him.
2.
Proposals to
summon, prorogue or dissolve the Legislature of the State.
3.
Proposals for
the making or amending of rules regulating the recruitment and the conditions
of service of –
(a)
persons
appointed to the Secretariat staff of the Assembly (Article 187(3);
(b)
officers and
servants of the High Court under Article 229, provisos to clauses (1) and (2);
(c)
persons
appointed to the public service and posts in connection with the State (proviso
to Article 309)
4.
Decision on
questions arising as to whether the Member of a House of the Legislature of the
State has become subject to any disqualification under Article 191 and any
proposals to refer such questions for the opinion of the Election Commission;
any proposal to recover or to waive recovery of the penalty due under Article
193.
5.
The annual
financial statements to be laid before the Legislature and demands for
supplementary, additional or excess grants.
6.
Proposals
relating to rules to be made under Article 208 clause (2)
7.
Proposals for
the making or amending the rules under Article 234.
8.
Proposals for
the issue of a notification under Article 237
9.
Any proposals
involving appointment of or any action for the dismissal, removal or suspension
of a Member of the Public Service Commission.
10.
Proposals for
making or amending regulations under Article 318 or under the proviso to clause
(3) of Article 320
11.
Report of the
Public Service Commission on its work [Article 320(2)] and any action proposed
to be taken with reference thereto.
12.
Proposals for
legislation including the issue of ordinance under Article 213 of the
Constitution.
13.
Cases in
which the attitude of the Government to any resolution or a Bill to be moved in
the Legislature is to be determined. Proposals for the imposition of a new tax
or any change in the method of assessment or the pitch of any existing tax or
land revenue or irrigation rates or for the raising of loans on the security of
revenues of the State or for giving of a guarantee by the Government of the
State.
14.
Any proposal
which affects the finances of the State which has not the consent of the
Finance Minister.
15.
Any proposal
for re-appropriation to which the consent of the Finance Minister is required
and has been withheld.
16.
Proposals
involving the alienation either temporary or permanent or of sale, grant or
lease of Government property exceeding Rs.25,000/- in value or the abandonment
or reduction of revenues exceeding that amount except when such alienation,
sale, grant or lease of Government property is in accordance with the rules or
with a general scheme already approved by the Council.
17.
The annual
audit review of the finances of the State and the report of the Public Accounts
Committee.
18.
Proposals
involving any important change of policy or practice.
19.
Proposals to
vary or reverse a decision previously taken by the Cabinet.
20.
Proposed
changes in the administrative system of the State.
21.
Any proposal
for the withdrawal of a prosecution by Government against the advice tendered
by the Law Department.
22.
Proposal for
the creation for a period exceeding six months or abolition of any public
office, the maximum remuneration of which exceeds Rs.800/-.
23.
Proposals
involving any important alteration in the conditions of service of the members
of the State Service or in the method of recruitment to the Service or post to
which appointment as made by the Government.
24.
Reports of
the Committees of Inquiry appointed by the Government on its own initiative or
in pursuance of a resolution passed by the State Legislature.
25.
Proposals for
appointments inconsistent with the recommendation of the Public Service
Commission.
26.
Proposals
which adversely affect the operation of the policy laid down by the Central
Government.
27.
Cases required
by the Government for the Chief Minister to be brought before the Council.
SECOND SCHEDULE
Cases for
submission to the Chief Minister and the Governor:
Sl. Nature of cases Reference
to Authority to
No. provision
of whom to be
Constitution
if submitted
any
1. Appointment and resignation of
Chief Article 164 Governor
Minister and other Ministers
2.
Summoning or
prorogation of the Article
174 Chief
Minister and the
Legislative Assembly or dissolution Governor
of the
Legislative Assembly
3. The Governor’s address and messages Chief
Minister and the
to the Legislative Assembly Article 175 Governor
4.
Disqualification
of members of
Article 192 Chief Minister
and the
Legislative
Assembly
Governor
5.
Bills passed
by the Legislative Article
200 Governor
Assembly for the Governor’s assent
6. Promulgation
and withdrawal of Article 213 Chief Minister and the Ordinancesfs Governor
7. Special
responsibility of Governor Article
371F(g) Governor
8.
Any other
matter which the Chief NIL Chief Minister
Minister may from time to time,
by general or special order specify