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Constitution of Jammu and Kashmir State Council
1924

Legal Document No 42

1. The Council shall consist of the following Members:

  1. Commander-in-Chief and senior and foreign Member.

  2. Revenue Member.

  3. Home and Law Member.

  4. Public Works Member.

  5. Finance and Police Member. 

  6. Member for Commerce and Industries.

2. The Council shall have a Secretary and necessary establishment.

  1. Except as provided for in Article 5 below, the Senior Member, the member next in order of the seniority present at the meeting shall preside.

  2. A quorum of the Council shall consist of four Members.

  3. With the exception of the subjects enumerated below which are reserved for the Commands of His Highness all matters shall be dealt with by the Council and the proceedings of the Council shall be submitted to His Highness by the Council Secretary for sanction, no resolution being brought -into force until the sanction of His Highness has been obtained. If His Highness disagrees with any resolution he will inform the senior Member of the time and place at which the Council should attend and discuss the case in question in the presence of His Highness. If after discussion His Highness still disagrees, he will there upon exercise in Council his prerogatives of veto And decision in the case shall be as commanded by His Highness.

  4. In the Reserved subjects enumerated below, the following procedure shall be adopted:

    1. Military matters shall be submitted to His Highness for his commands by the Commander-in-Chief

    2. Cases connected with other Reserved subjects shall be submitted to His Highness for his commands by the Member concerned through the senior Member.

    3. Appeals which lie to His Highness under section 34, 35, 36 of the High Court Regulation and cases for confirmation of sentences under section 38 of the said regulation, shall be referred to the Law Members for opinion, who shall after hearing the parties, submit the cases through the senior Member for the orders of His Highness.

    4. Nothing herein contained shell, in any way derogate from the powers of His Highness to refer any matters enumerated in the list of Reserved subjects to Council whenever he may consider it expedient to do so.

RESERVED SUBJECTS

  1. Military.

  2. Political matters affecting the peace and Good Government of the State.

  3. Treaties and agreements now in force or which may hereafter be entered into by His Highness with the British Government or his Feudatory chiefs.

  4. The relation between His Highness and the British Government or his Fendatory Chiefs.

  5. Prerogatives and powers of His Highness, and the rights, privileges, gifts and allowances of the ruling family, its relations and connections.

  6. Titles, Salutes, Ceremonials, Tours and Special occasions.

  7. Frontier affairs.

  8. Residency and Residency Correspondence.

  9. Khillats, Tambols, Vartans and Grants at His Highness disposal.

  10. Reception and Entertainment of Guests, Allocation of Huts, Rest-Houses and Guest-Houses.

  11. Toshakhanas.

  12. Rakhs and Game Preservation.

  13. State Representatives.

  14. Baggikhana, Malmaveshi, Stables, Boats and Cars.

  15. Jagirs and Muafis.

  16. Devasthans and Dharmarth Trust Fund.

  17. Appeals which lie to His Highness under Section 34, 35, 36 of the High Court Regulation, of Sambat 1978 and cases submitted to His Highness for confirmation of sentences under section 38 of the said Regulation.

  18. Tasdiq-i-Wasiqajat.

  19. Police special Reports as Accidents, Riots, Arrival and suspicious movements or actions of Visitors.

Note: Petitions submitted to His Highness direct shall be referred through the Senior Member to the Memberin-Charge of the Department concerned for disposal or report as the case may require.

DISTRIBUTION OF PORTFOLIOS

1. Commander-in-Chief and Senior and Foreign Member.

  1. Commander-in-Chief-Military. 

  2. Senior Member

  1. General Supervision.

  2. Political matters affecting the peace and good Government of the State.

  3. Receipt and despatch of all correspondence between His Highness and all officials.

  4. General Administration Report.

(c) Foreign Member.

  1. Treaties and agreements now in force or which may hereafter be entered into by His Highness with the British Government or his feudatory chief.

  2. The relation between His Highness and the British Government or His feudatory chiefs.

  3. Prerogatives and powers of His Highness and the rights, privileges, gifts and allowances of the Ruling Family; its relations and connections.

  4. Titles, Salutes, Ceremonials, Tours and Special Occasions.

  5. Frontier affairs.

  6. Residency and Residency correspondence.

  7. Khillats, Tambols, Vartans and Grants at His Highness.

  8. Reception Department, Entertainment of Guests, Allocation of Huts, Rest Houses and Guest Houses.

  9. Toshakhanas.

  10. Rakhsand Game Preservation.

  11. State Representatives.

  12. Baggikhana, Malmaveshi, Stables, Boats and Motor cars.

(d) Revenue Member.

  1. Land Revenue.

  2. Jagirs and Muafis.

  3. Revenue Settlement.

  4. Co-operative credit Societies.

  5. Agriculture.

  6. Horticulture.

  7. Civil veterinary.

  8. Devasthans and Dharmarth Trust Fund.

  9. Red Cross. 

  10. State property in British India.

(e) Home and Law Member.

(a) Home

  1. Education.Medical and Jails.

  2. Municipalities.

  3. Research and Libraries.

  4. Archeology and Museums.

  5. Manageries.

  6. Meteorological Department.

(b) Law

  1. Judicial department and Legislation.

  2. Appeals which lie to His Highness under Section 34, 35 and 36 of the High Court Regulation of Sambat 1.978, and cases submitted to His Highness for confirmation of sentences under Section 38 of the said Regulation.

  3. Tasdiq-i-Wasiqajat.

(f) Public Works Member.

  1. Irrigation.

  2. Roads and Buildings.

  3. Electrical Department.

  4. Mechanical Department.

  5. Telegraph Department.

  6. Telephone Department.

(g) Finance and Police Member.

  1. Finance.

  2. Treasuries.

  3. Accounts.

  4. Audit.

  5. Stamps.

  6. Kashmir valley food control.

  7. Police.

  8. Police Special Reports, such as Accident, Riots, Arrival and Suspicious movements or actions of visitors.

(h) Member for Commerce and Industries.

  1. Forests.

  2. Sericulture and Silk Weaving.

  3. Mulberry culture.

  4. Mining.

  5. Commerce and Industries.

  6. Excise.

  7. Customs.

  8. Stationery.

  9. Industrial Education. 

  10. Printing Press.

POWERS OF THE COUNCIL

1. 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 law, rule, regulation? order, resolution or practice sanctioned before the constitution of 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 or Reserved Subjects.

2. The Council shall, amongst other things, be empowered:

  1. to see that the Annual Budget is framed and submitted to Council six weeks before the commencement of the next Financial year;

  2. to pass the Annual Budget;

  3. to sanction the reappropriation of any expenditure from one Head to another of the General Budgets over and above the powers delegated to Members;

  4. to sanction all extra grants not provided for in the Budget;

  5. to sanction all appointments and removals of Gazetted Officers;

  6. to sanction leave to officers, over and above the powers delegated to Members;

  7. to hold or cause to be held departmental enquiries. into the conduct of any officer and to call for records from any office through the Member-in-Charge and to pass such order as may be considered necessary;

  8. to sanction pensions or allowances to Gazetted officers, over and above the powers delegated to Members, also special pensions and compassionate or other allowances for life or for lesser periods to employees of the State, their heirs or representatives;

  9. to pass progress and other Reports submitted by Members.

  10. to sanction acquisition of land under the Land Acquisition Act, over and above the powers delegated to the Revenue Member and to grant land under the State Waste Land Rules or under the House-building Rules;

  11. to settle boundary disputes and questions relating to the Settlement Department, over and above the power delegated to the Member concerned;

  12. to decide Appeals against orders passed by Member of Council in cases which are not specifically included in the Reserved Subjects;

  13. to sanction suspensions or remissions of Revenue over and above the power delegated to the Member concerned;

  14. to issue instructions for the more efficient organisation and dispatch of business in the various departments of the State and to make rules to regulate the Proceedings of any department;

  15. to settle all matters pertaining to more than one department;

  16. to revise any order passed by the Member-in-Charge of a department;

  17. 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;

  18. to sanction scheme of general reform, no such scheme being introduced without the previous sanction of Council.

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. She Member concerned shall see that a complete precis of the case is drawn up. and that his own opinion and opinions of the Head of the Department or Heads of the Departments subordinate to him and affected by the question at issue are duly recorded.

  2. In every case in which financial issues are involved, the opinion of the Finance Member shall be obtained by the Member concerned and submitted with the case to Council.

  3. 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 Member concerned and submitted with the case to the Council.

  4. 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 Departments affected are duly obtained and recorded before the case is referred to Council.

  5. The Council Secretary shall prepare, in the order of the receipt, a list of all cases received from Members in the prescribed and complete form, he shall then draw up with approval of the Senior Member 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.

  6. When the Agenda has been drawn up, copies shall be forwarded to every Member at least 48 hours before the time fixed for the Meeting of Council except in emergent cases.

  7. Except, as provided for in Rule 19, the Council shall assemble at such time and place so appointed for the meeting. 

  8. The Council shall, as far as may be practicable meet on two consecutive days in every fortnight, but any matter of special urgency requiring immediate disposal may be dealt with at an extraordinary meeting which may be called at any time by the Senior Member. 

  9. Four Members shall constitute a quorum.

  10. If a Member is unable to attend any meeting, he shall notify the fact to the Secretary.

  11. Except as provided for in Rule 19, the Senior Member shall preside at meetings of the Council.

  12. The Presiding Member shall, be responsible for the proper working of the Council and for compliance with, these rules and with any other rule or orders which may be passed by the Council from time to time.

  13. The business of the Council shall be transacted in English.

  14. At meetings of Council the cases shall be dealt within the order in which they are entered in the agenda unless the Presiding Member otherwise directs.

  15. If any Member desires postponement of the consideration of any case, it shall be postponed, unless the Presiding Member, for reasons to be recorded, rules otherwise. All cases so postponed shall be taken up at a subsequent meeting of Council.

  16. Any cases not disposed of at a meeting of Council shall be taken up at the next meeting if practicable.

  17. Should the Council decide to refer any question to a Select Committee, the Chairman and the other member of the Committee shall be appointed by the Council. The Council may authorize any such Committee to record evidence or to summon representatives of any class or community.

  18. In all cases discussed in 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 vote and the opinion of the majority shall be recorded in the form of a Resolution, the presiding Member being entitled to 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.

  19. The proceedings of each Council meeting shall be subs misted by the Council Secretary to His Highness for his sanction and no Resolution shall and come to force until and unless it has been sanctioned by His Highness. Should His Highness disapprove of any Council Resolution, he will inform the Senior Member to that effect and the Members of Council shall 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 shall there upon decide and announce his decision in Council as to whether the Resolution shall be confirmed or vetoed.

  20. All orders of the Council shall be issued in the name of His Highness in Council and shall be signed by the Secretary.

  21. The Proceedings of Council shall be reduced to writing and recorded by the Secretary in a Minute Book, which shall be signed by the Presiding Member. In the absence of the Senior Member, the duties assigned to him under these rules shall be discharged by the Member next to him in order of Seniority, who may be present on the occasion.

DUTIES OF THE SECRETARY OF THE COUNCIL

  1. to receive all papers submitted to Council; 

  2. to prepare and circulate the Agenda of Business with the approval of the senior Member and to give due notice of meetings to members;

  3. to return cases to Members which have not been submitted in a complete form as laid down in Rules 1 to 4;

  4. to record the proceedings of Council;

  5. to obtain His Highness sanction to the Resolutions of Council; to issue the Members concerned the Resolutions of Council without loss of time;

  6. to furnish each Member with a copy of the printed proceedings;

  7. to comply with requisitions made by the Members of Council;

  8. to see that reports called for by the Council are promptly sent for, from the Department concerned.

  9. to supervise the working of the office and be responsible for the custody and maintenance of records;

  10. the Secretary, subject to appeal to Council shall have complete control over his once establishment including the Superintendent, in the matters of appointment, suspension, leave Punishment and promotion;

  11. he shall be responsible for the custody of the Seal of the Council and for the maintenance of the usual office registers, a list of pending references and the Minute Book of the Proceedings of the Council;

  12. In all cases in which the Secretary sees no objection, copies of Resolution of the present and the late State Council and His Highness orders if applied for, may be given by him to applicants with reference to Council;

  13. The Council Secretary shall be empowered to authorize fluctuating expenditure and to pass travelling allowance bills of his subordinate establishment within the allotments provided.

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