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New Arrangements for the Administration of Kashmir by Resident in Kashmir
May 1906

Legal Document No 35

(Extract)

Note on the new arrangements for the administration of the Jammu and Kashmir State.

  1. The State Council is abolished.
  2. The powers of the State Council will be assumed by His Highness the Maharaja on the following conditions
  1. That His Highness will exercise his powers under the advice of the Resident; that he will take no step of importance, without consulting him; and that he will follow his advice whenever it may be offered;
  2. That the annual budget will be prepared and passed in consultation with the Resident, and that expenditure not provided for therein shall only be incurred after his previous approval. The previous sanction of the Resident shall also be 'necessary to any reappropriation when the sum to be reappropriated from or to any single head of expenditure amounts to or exceeds Rs.10,000 either by itself, or when added to previous reappropriations made during the same year to or from the same head:
  3. Chief Revenue Officer.

    Chief Judicial Officer.

    Chief Engineer, Public Works Department.

    Engineer-in-Chief. Railway Department.

    Engineer-in-Chief, Electric Engineering Department.

    Settlement Commissioner.

    Accountant General.

    Superintendent of Customs and Excise.

    Director of Sericulture.

  4. that the officials of the Kashmir administration holding the appointments named above shall only be appointed or removed with the concurrence of the Government of India;
  5. that the Maharaja shall appoint a Minister with the previous approval of the Government of India, by whom the business of all departments shall be laid before him;
  6. that each departmental budget estimate shall be submitted to the Maharaja who, after consolation with the Maharaja and the Resident as in (ii) above, shall submit it for the final sanction and approval of His Highness;
  7. that subject to the proceeding rules, His Highness the Maharaja shall have power to veto or alter any orders passed by the head of a department, and may through the Minister call for an revise any proceedings in any department of the administration;
  8. that all appointments and removals of gazetted officers shall be made by order of His Highness the Maharaja on due cause shown;
  9. that an English translation of the proceedings and orders of the Maharaja or the Minister in the following classes of cases shall be forwarded fortnightly for the Resident's information:
    1. orders modifying the annual budget for the year as finally passed by the Maharaja;
    2. orders involving alienation of the revenue or remission of taxation;
    3. orders involving the appointment or removal of gazetted officers;
    4. orders effecting the new Railway or Electrical Engineering Department;
    5. orders passed on the assessment reports of the Settlement Department, or on their reports on Rev rue-free Holdings, Jagirs, Muafis, Inams, & c; 
    6. orders passed on the proposals made by the Sericulture Committee or the head of the Sericulture Department;
    7. orders passed in regard to annual or periodical contracts given by the State;
    8. orders appertaining to the administration of the frontier.
  1. That the existing arrangements in Regard to the allowances enjoyed from the State revenue by the Maharaja shall continue unchanged;
  2. The Minister shall have general control of all Departments, and be the channel of communication for them between the Residency and His Highness the Maharaja;
  3. The appointment of Minister in charge of the Foreign Department will be created with the proviso that the officer selected for the post shall be acceptable to both His Highness the Maharaja and his Prime Minister;
  4. The rules of business already in force end '-standing orders" for the Army shall be adhered to until any necessity for their modification is shown, with the exception that all matters hitherto referred to the Council shall in future be refer- Or red to the Durbar through the Prone Minister;
  5. No existing Resolution of the State Council shall be cancelled or modified until final orders to that effect have been passed by the Durbar in consultation with the Resident; and
The powers of Members in charge of, and Head of Departments and the regulation of work between the various Departments have already been clearly defined in State Resolutions, and no change shall be made until the necessity for such change has been established.
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