PART-C - SERVICES
PUBLIC SERVICE COMMISSION.-
The advice of the Public Service Commission shall ordinarily be accepted by the Department in all matters where it is obligatory to consult the Commission under any rules or regulations for the time being in force. If it is proposed not to accept the advice of the Commission, it shall be submitted to the Chief Minister through the Establishment and Administration Department, who may give an opportunity to the Public Service Commission of further justifying its recommendation before a final decision is taken.
Government may constitute one or more Selection Boards and specify the appointments and promotions to posts, other than those to be made on the advice of the Public Service Commission, to be made on the advice of such Selection Boards.
Difference between Selection Board and the Department.-In any case, a Department does not propose to accept the advice of Selection Board in regard to a matter in which its advice is required under sub-rule (1), the case shall be returned to the Selection Board for reconsideration, and the Selection Board shall reconsider such case. If on reconsideration the difference still persists, the case shall be submitted to the Chief Minister through the Establishment and Administration Department, for his orders.
Transfer of Officers shown in column 1 of Schedule-III shall be made by the authorities shown against such Officers in column 2 thereof.
The Establishment and Administration Department shall be consulted if it is proposed to-
Transfer the holder of a tenure post before the completion of his tenure or extend the period of his tenure; and
Require an officer to hold charge of more than one post for a period exceeding four months.
PART-D - CABINET PROCEDURE
COLLECTIVE RESPONSIBILITY.-The Cabinet shall be collectively responsible to the Provincial Assembly for the advice tendered to, or the executive orders issued in the name of the Governor, whether such advice or order has been tendered or issued, as the case may be, by an individual Minister or as a result of decision by the Cabinet.
CASES TO BE BROUGHT BEFORE CABINET.-
Following cases shall be brought before the Cabinet:-
Proposals for legislation, official or non-official, including Money Bills;
Promulgation and revocation of ordinances;
the budget position and proposals before the presentation of the annual budget and other financial statements;
proposals for the levy of new taxes;
cases involving vital political, economic and administrative policies;
cases which the Chief Minister acting on his own initiative or at the instance of another Minister considers important enough for reference to the Cabinet;
important reports and documents required to be laid before the Assembly;
other cases required to be referred to the Cabinet under the provisions of these rules; and
any case desired by the Government to be referred to the Cabinet.
Notwithstanding the provisions of sub-rule (1), the Chief Minister may, in any case, advise the Governor as to the manner of its disposal, without prior reference to the Cabinet.
METHOD OF DISPOSAL BY CABINET.-
Cases referred to the Cabinet shall be disposed of-
by discussion at a meeting of the Cabinet; or
by discussion at a meeting of a committee of the Cabinet; provided that the decisions of the Committee shall be. ratified by the Cabinet unless the Cabinet has authorized otherwise; or
by circulation amongst Ministers.
Note:-Committees of the Cabinet may be constituted, and their terms of reference laid down, by the Cabinet. Such Committees may be Standing or Special Committees, according as they are appointed to deal with a class of cases or a particular case.
MANNER OF SUBMISSION OF CASES TO CABINET.-
In respect of all cases to be submitted to the Cabinet, the Secretary of the Department concerned shall transmit to the Chief Secretary a concise and lucid memorandum of the cases (hereinafter referred to as the "Summary" giving the background and relevant facts, the points for decision and the recommendation of the Ministers:
Provided that in the event of the views of the Department being different from the views of the Minister, both the views shall be included in the summary.
The summary shall be self-contained as far as possible, and may include as appendices such relevant papers as are necessary for the proper appreciation of the case.
In the case of proposed legislation to which approval is sought in principle, the summary shall bring out clearly the main issues to be legislated upon.
Where a case concerns more than one Department, the summary shall not be forwarded to the Cabinet unless the case has been considered by all the Departments concerned. In the event of a difference of opinion the points of difference between them shall be clearly stated in the Summary, a copy of which shall be sent by the sponsoring Department to other Department concerned simultaneously with the transmission of the summary to the Cabinet.
No summary containing a proposal involving financial implications shall be submitted to the Cabinet unless the Finance Department has been consulted and its views incorporated in the summary.
All drafts, bills, ordinances or orders having the force of law shall be submitted to the Cabinet after the same have been vetted by the Law Department and no changes shall be made therein except with the knowledge of the Law Department.
No case for inclusion in the agenda shall be accepted unless it reaches the Chief Secretary at least four clear days in advance of the meeting:
Provided that if the case is urgent, the Secretary concerned may approach the Chief Secretary for its inclusion in the agenda, and, if he agrees, a note shall be sent for circulation to the Cabinet showing how the case is urgent and why it could not be submitted in time.
The Establishment and Administration Department shall satisfy itself that the papers submitted by a Secretary are complete and in appropriate form. It shall ordinarily return a case which does not meet with the requirements of these rules and of any other instructions on the subject.
PROCEDURE REGARDING CABINET MEETING.-
Regular meeting of the Cabinet to discuss ordinary business shall normally be held once a week on a day and time to be fixed by the Chief Minister:
Provided that the Chief Minister may direct any variation in day and time, and may call for special meetings of the Cabinet at any time on any day of the week to discuss urgent business.
In the absence of the Chief Minister, a Minister nominated by the Governor for the purpose shall preside over the meeting.
Note:-Reference to the 'Chief Minister' in this rule includes the Minister nominated by the Governor under sub-rule (2) above.
The Chief Secretary shall ordinarily issue to the Ministers, three days in advance of a meeting, the agenda of the meeting, together with the summaries relating to the items or agenda. A copy of the agenda and the summaries shall be submitted to the Governor at the same time. In the case of special meetings, the circular notice may be issued less than three days in advance.
No case shall be discussed unless the summary relating to it has been circulated:
Provided that the Chief Minister may dispense with the requirements of this sub-rule, whereon the representation of the Minister-in-Charge, he is satisfied that the circumstances were such that the papers could not be supplied.
The Secretary concerned with a case shall, unless otherwise directed, attend the meeting of the Cabinet in which the case is under discussion. He shall, however, take no part in the discussion unless invited to do so.
If, in the absence of the Minister-in-Charge from headquarters, the Secretary of the Department concerned considers that the discussion on a case should await the Minister's return he may request the Chief Secretary for its postponement. The Chief Secretary shall thereupon obtain the orders of the Chief Minister in regard to postponement.
The Chief Secretary shall attend all meetings and prepare.-
a brief record of the discussion which, in the absence of special directions by the Cabinet to the contrary, shall be of an impersonal nature; and
a record of the decisions without any statement or the reasons therefore, and shall submit a copy of these records within twenty four hours of the close of the meeting to the Chief Minister for his approval.
The Chief Secretary shall circulate to the Ministers and to the Governor a copy of these records, as approved by the Chief Minister and shall send to the Secretary of the Department concerned a copy of the decision only.
If a Minister considers that there has been a mistake or omission in recording the minutes, he shall point it out to the Chief Secretary within twenty four hours of the issue of the minutes. The Chief Secretary shall thereupon obtain the orders of the Chief Minister and, if necessary, issue a corrigendum and correct the official record in his office.
PROCEDURE REGARDING COMMITTEES OF CABINET.-
Meetings of the Committees of the Cabinet shall be convened by the Chief Secretary under the direction of the senior member of the Committee, who shall preside at the meetings.
Officials of the Departments concerned may be associated with the deliberations of the Committees as and when considered necessary.
The provisions of rule 21 and 22 shall apply mutatis mutandis to the manner of submission of cases to, and the procedure for, the meetings of Committees.
PROCEDURE REGARDING CIRCULATION OF CABINET CASES.
When a case is circulated to the Ministers for recording opinion, the Chief Secretary shall specify the time by which opinions should be communicated. A summary of the case shall be simultaneously submitted to the Governor. If a Minister does not communicate his opinion by that time, it shall be assumed that he accepts the recommendations contained in the summary.
If a difference of opinion amongst Ministers is observed in the course of circulation, the Chief Secretary shall unless the Chief Minister directs otherwise, obtain further observations of the Minister concerned with a view to reaching an agreed conclusion.
After all opinions have been received and the further observations of the Ministers concerned have been obtained, if necessary, or after the time specified has expired, the Chief Secretary shall-
(a) In the event of full agreement to the recommendations in the summary, treat it as Cabinet decisions and proceed further in terms of rule 22(8);
(b) In the event of difference of opinion or a major change in the original recommendations contained in the summary being agreed to by the Minister-in-Charge and one or more Ministers obtain the direction of the Chief Minister whether the case should be discussed at a meeting of the Cabinet, or the recommendations of the majority of Ministers be accepted and communicated as Cabinet's decision.
If the Chief Minister directs that the case shall be discussed at a meeting of the Cabinet, the Chief Secretary shall circulate the opinions recorded by the Ministers, in the form of a supplementary summary, submitting a copy simultaneously to the Governor.
Reports made to the Cabinet or action taken on their decisions, and other cases submitted only for information, shall normally be disposed of by circulation.
ACTION ON CABINET’S DECISION.-
When a case has been decided by the Cabinet, the Department concerned shall take prompt action to give effect to the decision.
To ensure implementation of the Cabinet decisions, the Secretary of each Department shall keep a record of all the decisions conveyed to him and shall watch progress of action until it is completed. It shall be his responsibility, as Secretary of the Department sponsoring the case, to consult or inform any other Department concerned, in order to ensure full implementation of the decisions.
The Chief Secretary shall watch the implementation of each decision of the Cabinet, and the Secretary in the Department concerned shall supply to the Chief Secretary such documents as the latter may, by general or special request, require to enable him to complete his record of the case.
The Chief Secretary shall maintain the record of each case submitted to the Cabinet which shall consist of
a copy of all papers issued under rule 22(3), 23 and 24(1);
a copy of the records prepared under rule 22(7), 23 and 24(3).
The Governor shall be kept informed of all decisions of the Cabinet.
SECRECY OF CABINET PROCEEDINGS.-
All proceedings of the Cabinet and the record of the discussion in the Cabinet shall be secret.
All papers submitted to the Cabinet are secret until the Cabinet's decision has taken place, where after the Secretary concerned shall, subject to any general or special orders of the Chief Secretary in this behalf, determine whether the papers shall continue to be classified as secret.
CUSTODY OF CABINET PAPERS:-
The Minister shall return to the Chief Secretary.-
the papers issued to them for decision by circulation under rule 24(1) immediately after recording opinion;
the papers circulated to them for decision by discussion in meeting of the Cabinet or Committee of the Cabinet under rule 22(3) or 23 immediately after the discussion has taken place;
copies of the record of discussion and decisions circulated by the Chief Secretary under rule 22(8), 23 and 24(3), immediately after they have perused them; and
reports of action taken on Cabinet decisions or other papers circulated for information, immediately after perusal, except where indicated otherwise.