Pre. No. ABP.33/64/155-

NOTIFICATION

In supersession of the Assam Rules of Executive Business issued under Notification No.AAP.97/51 dated the 6th October, 1951 and in exercise of the powers conferred by clauses (2) and (3) of Article 166 of the Constitution of India, the Governor of Assam is pleased to make the following rules.

R.1 .

These rules may be called the Assam Rules of Executive Business, 1968.

R.2 .

In these Rules unless the context otherwise requires -

(a) "Article" means an Article of the Constitution of India;

(b) "Cabinet" means the Committee of the council consisting of the Ministers appointed as such by the Governor;

(c) "Chief Minister" means

R.3 .

The general Clauses Act. 1897, applies for the interpretation of these Rules as it applies for the interpretation of a Central Act.

R.4 .

The business of the Government shall be transacted in the different Departments specified in the first schedule.

R.5 .

The Government shall, on the advice of the Chief Minister, allot, among the Ministers, the business of the Government by assigning one or more Departments to the charge of a Minister;

Provided that nothing in this Rule shall prevent the assigning of one Department to the charge of more than one Minister.

R.6 .

Each Department of the secretariat shall consist of the Secretary to the Government, who shall be the official head of that Department, and of such other Government servant as the State government may determine:

Provided that -

(a) more than one Department may be placed in charge of the same Secretary; and

The Council shall be collectively responsible for all executive orders issued in the name of the Governor in accordance with these Rules, whether such orders are authorised by an individual Minister on a matter pertaining to his portfolio or as the result of discussion at a meeting of the Council, or of the Cabinet or otherwise.

R.8 .

Subject to the order of the Chief Minister under Rule 14 all cases referred to in the Second Schedule to these Rules shall be brought before the Cabinet in accordance with the provisions of the Rules contained in Part II.

R.9 .

Without prejudice to the provisions of Rule 7, the Minister-in-charge of a Department, shall be primarily responsible for the disposal of the business appertaining to that department.

R.10 .

10. (1) No department shall, without previous consultation with the Finance Department, authorise any orders (other than orders issued under any Act or Rules made thereunder, or pursuant to any general or specific delegation made by the Finance Department) which -

(a) either immediately or by their repercussion, will affect the finances of the State, or which, in particular -

All orders or instruments made or executed by or on behalf of the Government of Assam shall be expressed to be made or executed in the name of the Governor of Assam.

R.12 .

Every order or instrument of the Government of the State shall be Expressed to be made in the name of the Governor and shall be signed either by a Secretary, an Additional Secretary, a Special Secretary, a Joint Secretary, an Under Secretary or such other Officer as may be specially empowered in that behalf such signature shall be deemed to be the proper authentication of such or instrument.

R.13 .

The Chief Secretary, or such other officer as the Chief Minister may appoint, shall be the Secretary to the Cabinet.

R.14 .

All cases referred to in the Second Schedule shall be submitted to the Chief Minister after consideration by the Minister, with a view to obtaining his orders for circulation of the case under rule 15 or for brining it up for consideration at a meeting of the Cabinet.

R.15 .

(1) The Chief Minister may direct that any case referred to in the Second Schedule may, instead of being brought up for discussion at a meeting of the Cabinet, be circulated to the Ministers for opinion and if all Ministers are unanimous and the Chief Minister thinks that a discussion at a meeting of the Cabinet is unnecessary, the case shall be decided without such 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

R.16 .

(1) In cases which are circulated for opinion under Rule 15, the Chief Ministers, may direct, if the matter be urgent, that if any Minister fails to communicate his in the opinion to the Secretary to the Cabinet 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 recommendation contained in the Memorandum

R.17 .

When it has been decided to bring a case before the Cabinet, the Department to which the case belongs shall, unless the Chief Minister otherwise directs prepare a Memorandum indicating with sufficient precision on 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.

R.18 .

In cases, 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 16 or 17 shall contain the joint recommendations of the Ministers; and if no agreement is reached, the Memorandum shall state the points of difference and the recommendations of each of the Ministers concerned.

R.19 .

(1) The Cabinet shall meet at such place and time as the Chief Minister may direct.

(2) After an agenda paper showing the case to be discussed at a meeting of the Cabinet has been approved by the Chief Minister, copies thereof, together with copies of such Memoranda as have not been circulated under Rule 17, shall be sent by the Secretary to the Cabinet, to the Chief Minister and other Ministers so as to reach them two clear emergency, c

R.20 .

(1) When a case has been decided by the Cabinet after discussion at a meeting, the Minister concerned shall take action to give effect to the decision. If, however, any deviation is proposed to be made from that decision, the case shall be submitted to the Chief Minister by the Minister concerned and further action on it will be taken according to any directions of the Chief Minister. The Secretary in the Department concerned will in each such case cause to be supplied to the Secretary to the Cabinet such documents as

R.21 .

Except as otherwise provided by any other Rule, cases shall ordinarily be disposed of by or under the authority of the Minister in charge of the Department who may, by means of standing order, gives 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.

R.22 .

Whenever any other Department is consulted, such reference shall be accompanied by the statement of facts of the case and the point or points on which the decision of the Department is desired.

R.23 .

 (1) A Secretary shall consult other Departments where such consultation is required under the Rules.

(2) If such a matter is placed before the Minister, the views of the Department consulted shall be brought specifically to the notice of the Minister.

(3) In a case where the Secretary has taken the orders of his Minister before consulting the other D

R.24 .

When the subject of a case concerns more than one Department no order shall be issued nor shall the case be laid before the Cabinet unit it has been considered by all the Departments concerned unless the case is one of extreme urgency.

R.25 .

If the Department concerned is not in agreement regarding the case dealt with under Rule 16, 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 laying case before the Cabinet.

R.26 .

(1) A Secretary may, with the orders of the Minister-in-charge of the Department, ask to see the papers in any Department, other than the Financial Department. If such papers are required for the disposal of a case, in his Department.

(2) Such request shall be dealt with under the orders of the Minister.

(3) Subject to the provisions of sub-rule (3) of Rul

R.27 .

(1) The Chief Minister may, call for records of any case relating to any Department

(2) The Chief Minister may, in consultation with the Minister-in-charge of the Department, pass such order in any case as he considers necessary or may direct that the matter shall be placed before the Cabinet.

(3) The Chief Minister may pass orders in a case relating to an

R.28 .

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.

R.29 .

All communications received from the Governor of India (including those from the Prime Minister and other Ministers 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 ³[Minister-in-charge and to the Governor and the Chief Minister for information].

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Any matter likely to bring the State Government in to controversy with the Government of India or with any other State Government or the Government of Pakistan as soon as the possibility of such a controversy is seen, be brought to the notice of the ⁴[Governor and the Chief Minister and the Minister- in-charge.]

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R.31 .

 (1) The following classes of cases shall be submitted to the Chief Minister before the issue of order : -

(i) Proposals for the grant of pardons, reprieves respites or remission of punishment or for the suspension, remission or commutation of a sentence in pursuance of Article 161;

(ii) Cases raising question of major policy and cases of administrati

R.32 .

¹³32-A. Notwithstanding anything contained herein before, the following classes of cases shall be submitted to the Chief Secretary in the manner as specified herein below :-

(a) The Chief Secretary shall be kept apprised of all important decisions by various Departments.

(b) The Chief Secretary is the Head of the Administrative machiner

R.32(a) .

The Chief Minister shall ;-

(a) cause to be furnished to the Governor such information relating to the administration of the affairs of the State proposals for legislation as the Governor may call for ; and

(b) if the Governor so requires, submit for consideration of the Cabinet any matter on which a decision has been taken by Minister but which has not be

R.33 .

The finance Department shall have the following functions, namely -

(i) It shall, in consultation with the ¹⁴[Personal Department,] frame rules regulating the pay, leave and pension of persons in the service of the State Government and rules regulating the number, gradings or cadre and emoluments of posts under the State Government and also be responsible for seeing that these rules are properly applied;

(1) After the Governor has given his assent to the Appropriation Act, specifying (a) the grants made by the Legislative Assembly, (b) the sums required to meet the expenditure, if any, charged on the revenue of the State, the Finance Department shall have the power to sanction or to authorize sanction any re-appropriation within a grant from one major, minor or subordinate head another.

(2) Copies of all order sanctions any re-appropriat

R.35 .

The Finance Department shall also be consulted upon all proposals to sanction the relaxation of any financial rule and also before final orders are passed in any case of serious financial irregularity;

R.36 .

Where consultation with the Finance Department is necessary under the Rules, it shall take place before the issue of orders or submission of the case to the Cabinet:

Provided that it shall be open to the Finance Department to prescribe, by general or special order, cases in which such consultation with it may not be necessary.

R.37 .

(1) The Finance Minister may call for any papers in a case in which any of the matters referred to in rule 10 is involved, and the Department to whom the request is addressed shall supply the papers.

(2) On receipt of the 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 cabinet.

The Finance Department may make rules to govern financial procedure in general in all Departments and to regulate the business of the Finance Department and the dealing of other Department with the Finance Department.

¹⁴ [C - Personnel Department]

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R.39 .

¹⁵[39. (1) The Personnel Department shall be responsible for seeing that the rules and principles relating to services in general are properly followed.

(2) The Personnel Department shall be consulted for advice by other Departments in matters relating to framing of service rules and general principles relating to the services.

(3) The co

R.40 .

¹⁷[[40. The function of the Legislative Department 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 of legislation and all matters of substance to be embodied in the Bill shall discussed and, subject to Rule 8, settled in such Department.

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 Legislative Department as to –

(i) the need for the proposed legislation from a legal point of view ;

If Legislation is decided upon by the Minister-in-charge, the Department will, if the legislation involves expenditure from the Consolidated Fund of the State prepared in consultation with the Finance Department, a financial memorandum. The papers shall then be sent to the Legislative Department requesting it to draft the Bill accordingly.

R.43 .

The Legislative Department shall thereafter prepare a Draft Bill and return the case where necessary, to the Department concerned.

R.44 .

If the draft Bill is approved by the Minister-in-charge it shall be bought before the meeting of the Cabinet with the prior approval of the Chief Minister. The Cabinet may approve the Bill with or without amendment.

R.45 .

If the bill is approved with amendment it shall be sent to the Legislative Department to finalize the Bill after incorporating the amendments.

R.46 .

The Legislative Department shall then send the Bill to the Department concerned 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 Department for revising, if necessary, the financial memorandum.

R.47 .

The Bill thus finalized will be sent to the Legislative Assembly by the department concerned for introduction in the Legislature with intimation to the Legislative Department. The department concerned will obtain the previous sanction of the President and also prepare the financial memorandum, where necessary, in consultation with the Finance Department. The department also will obtain the recommendation will be necessary.

R.48 .

Notwithstanding anything contained in the Rule 26, measures 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 Legislative Department.

Provided the Legislative 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

R.49 .

¹⁸[49. (1)(a) If any private member of the State Legislature request any Minister to obtain the previous sanction of the President or the recommendation of the Governor for the introduction or consideration of any Bill which he proposes to introduce or move for consideration in the Legislative Assembly, he shall furnish a copy of the Bill together with the explanatory statement of objects and reason on the receipt of which the Administrative Department concerned shall send a copy of the Bill together

R.50 .

The provisions of Rule 47 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 the Members of the State Legislature for being moved during consideration of a Bill in that Legislature.

R.51 .

(a) When a Bill has been passed by the Legislature it shall be examined by the Legislative Department shall than present the Bill to the Governor either for his assent or for reservation of the assent for the President where necessary.

(b) Where the Governor directs the Bill should be reserved for the consideration of the President or return to the Legislature with a message, necessary action in that behalf shall be taken by the Legislat

R.52 .

Whenever it is proposed in any Department other than the Legislative Department ;-

(i) to issue a statutory rule, notification or order; or

(ii) to submit to the Central Government any draft statutory rule, notification or order for issue by them, the draft shall be referred to the Legislative Department for opinion and for revision, where necessary]]

R.53 .

²⁰[53. (1) All administrative Departments shall consult the Judicial Department on ;-

(a) the construction of statuses, acts, regulations and statutory rules, order and notifications;

(b) any general legal principles arising out of any case ; and

(c) the in

R.54 .

(1) This Department is responsible for the administration and development programmes in relation to the Scheduled Castes and Scheduled Tribes (Plains) and Backward Classes in areas other than Autonomous District, Social welfare and probation.

(2) Without affecting the generality of the foregoing clause, a Department shall consult the Welfare of Plains Tribes and Backward Classes, etc. Department in regards to the following matters.

R.54(a) .

(1) This Department is primarily responsible for the administration and development programmes in the Autonomous Districts.

(2) Without affecting the generality of the foregoing clause, a Department shall consult the Hill areas Department in regards to the following matters, namely-

(a) Cases involving questions of policy or of sufficient importance in rel

R.54(b) .

(a) Before setting up any public sector under taking each administrative departments will have to consult Public Enterprises Department and obtain its views.

(b) All appointment to the Board of Directors and appointments of Chief Executive of Public Sector Undertakings should be done in consultation with public Enterprises Department.

(c) Whenever capital

R.54(c) .

(1) The Department of Tribal Areas and Welfare of Backward classes is primarily responsible for the administrative and development programmes, In the autonomous districts. Any Department initiating any measure of proposal involving any departure from the any existing policies or procedure should consult the Department before finalising such proposals.

(2) Without affecting the generality of the foregoing clause, a Department should consu

R.55 .

The Secretary of the Department concerned is, in each case, responsible for ²²[the proper translation of business and] 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.

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²³[FIRST SCHEDULE

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23. First Schedule, List of Departments as below at was substituted by the first Schedule, List of Department as below at by the Assam Rules of Executive Business (Amendment) Rules, 1983 under para 7 Amendments of First Schedule vide Notification No. AR.32/81/Pt.II/l dated 19/04/1983.

1. Proposal for the appointment or removal of the Advocate General or for determining or varying the remuneration payable to him.

³⁵[1.A- Proposals for the appointment or removal of the Chairman, Assam State Electricity Boa