Constitution of Jammu and Kashmir State Council 1925
1. His Highness the Maharaja Bahadur shall preside over the meetings of the Council.
2. The council shall consist of the following Members:
1. Revenue Member and Army Minister.
2. Finance and Police Member.
3. Member for Commerce and Industries.
4. Home and Law Member.
1. The Council shall have a Secretary and the necessary establishment.
2. The quorum of the Council shall consists of three Members.
3. In the absence of His Highness the Maharaja Bahadur, the Member senior amongst the Members present at the meeting shallpreside and the proceedings of such meetings shall be submitted by the Council Secretary to His Highness for his sanction, and no resolution shall come into force until it is sanctioned by His Highness.
Should His Highness disapprove of any Council Resolution arrived at in his absence he will command the Council Secretary to direct the Members of Council to 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 will decide and announce his decision in Council as to whether the Resolution shall be confirmed or vetoed.
4. At any meeting of the Jammu and Kashmir State Council at which His Highness the Maharaja Bahadur is present, if their is a difference of opinion on any question, His Highness may, if he does not agree with the opinion of the majority, exercise his right of veto in the Council. In such a case the determination of the question shall follow the commands of His Highness.
5. With the exception of the subjects enumerated below, which are reserved for the direct commands of His Highness, all matters shall be dealt with by His Highness i n Council and the proceedings of the Council shall be submitted to His Highness and to the Members by the Council Secretary for signatures, no Resolution being brought into force until the proceedings have been duly signed and sanctioned.
6. In the Reserved Subjects enumerated below the follow-ing procedure shall be adopted:
1. Military matters shall be submitted to His Highness for His Commands by the Colonel-on-the staff.
2. Subjects dealt with by the Foreign Department shall be submitted to His Highness for His commands by the foreign Secretary.
3. Cases connected with Reserved Subjects other than those mentioned in No. 25 shall be submitted to His Highness for His commands by the Member concerned through the State Secretary.
4. Civil and criminal appeal and applications and cases for confirmation of sentences of death or imprisonment for life shall be submitted by the Law Member after hearing the parties with his opinion through the State Secretary for the commands of His Highness.
5. Nothing here in contained shall, in any way, derogate from the power of His Highness to refer any matter enumerated in the list of Reserved Subjects to Council whenever he may consider it expedient to do so.
2. Political matters affecting the peace and good Government of the State.
3. Treaties and agreements now in force or which may here-after be entered into by His Highness with the British Government of his Feudatory Chiefs.
4. The relations between His Highness and the British Governments of his Feudatory Chiefs.
5. Prerogatives and powers of His Highness, and the rights, priveleges, 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.
11. Rakhs and Game Preservation.
12. State Representatives.
13. Baggikhana, Malmaveshi, Stables, Boats and Cars.
14. Jagirs and Muafis.
15. Devasthans and Dharmarth Trust Fund.
Note: – Petitions submitted direct to His Highness shall be referred by the State Secretary to the Member-inCharge of the Department concerned for disposal or report as the case may require.
POWERS OF THE COUNCIL
I. 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 laws rule, regulation, order, resolution or practice sanctioned before the constitution of the Council, or by 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 of Reserved Subjects.
II. The Council shall, amongst other things, be empowered:
a. to see that the Annual Budget is framed and submitted to Council six weeks before commencement of the next Financial Year;
b. to pass the Annual Budget;
c. to sanction the reappropriation of any expenditure from one Head to another of the General Budget, over and above the powers delegated to Members;
d. to sanction all extra-grants not provided for in the Budget;
e. to sanction leave to officers, over and above the powers delegated to Members;
f. to pass progress and other Reports submitted by members;
g. to settle boundary disputes and questions relating to the Settlement Department, over and above the power delegated to-the Member concerned;
h. to sanction suspensions of remissions of Revenue over and above the power delegated to Member concerned;
i. to issue instructions for the more efficient organisation and despatch of business in the various departments of the State and to make rules to regulate the proceedings of any department;
j. to settle all matters pertaining to more than one department;
k. to revise any order passed by the Member-in-Charge of a department;
l. 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; and
m. to sanction scheme of general reform, no such scheme being introduced without the previous sanction of Council.
As regards Revenue Appeals, applications for Review or Revision, the opinion of the Law Member shall, where he agrees with Revenue Member, be treated as the decision of the State Council, and the Secretary State Council shall inform the Revenue Member accordingly, to enable him to take action accordingly. In cases in which the Law Member differs from the Revenue Member, the papers shall be submitted to the Council by the Secretary of Council with a detailed note for orders.
Note: – Reserved subjects shall be excluded from the operation of clauses C to H both inclusive above.
DISTRIBUTION OF PORTFOLIOS
The following matters shall be under the direct control of His Highness the Maharaja Bahadur:
3. General Supervision.
4. Political Matters affecting the peace and good Government of the State.
1. Land Revenue.
2. Jagirs and Muafis.
3. Revenue Settlement.
4. Civil Veterinary Department.
5. Devasthans and Dharmarth Trust Fund.
6. Road cess, Patwar Fund and Chowkidars funds.
7. State property in British India.
HOME AND LAW MEMBER
(a) Home Member.
2. Medical and Jails.
4. Research and Libraries.
5. Archeology and Museums.
7. Meterological Department.
8. Telegraph Department.
9. Telephone Department.
(b) Law Member:
1. Judicial Department and Legislation.
2. Civil and criminal appeal and applications and cases for confirmation of sentences of death or imprisonment for life.
3. Tasdiqi- i- wasiqajat on which His Highness the Maharaja Bahadur commands are required by law.
FINANCE AND POLICE MEMBER
6. Kashmir Valley Food Control.
8. Police special Reports, such as Accidents, Riots, Arrival and suspicious movements or actions of visitors.
9. Co-operative Credit Societies.
MEMBER FOR COMMERCE AND INDUSTRIES
2. Sericulture, Silk Weaving and Mulbery Culture.
3. Mineral Survey.
4. Commerce and Industries.
8. Industrial Education.
9. Printing Presses.
10. Agriculture and Horticulture.
PUBLIC WORKS MEMBER
2. Roads and Buildings.
3. Electrical Department.
4. Mechanical Department.
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. The Member concerned shall see that a complete Precis of the case is drawn up, and that his own opinion and the opinions of the Head of the Department or Heads of Departments subordinate to him and affected by the question at issue are duly recorded.
In every case in which financial issues are involved, the opinion of the Finance Member shall be obtained by the Members concerned and submitted with the case to Council.
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 Members concerned and submitted with the case to Council.
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 the Department 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 prescried and complete form, he shall then draw up 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 submitted to His Highness and 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 16, the Council shall: assemble as such time and place as may be appointed by His Highness the Maharaja Bahadur or the Presiding Member. The Secretary shall inform all Members of the 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 arm matter of special urgency requiring immediate disposal may be dealt with at an extraordinary meeting which may be called at any time by His Highness the Maharaja Bahadur in the manner provided in Article 20.
9. Three Members shall constitute a quorum.
10. If a Member is unable to attend any meeting, he shall notify the fact in writing to the Secretary.
11. The business of the Council shall be transacted in English.
12. If any Member desires postponement of the consideration of any case, it shall be postponed, unless His Highness the Maharaja Bahadur or the Presiding Member, for reasons to be recorded, rules otherwise.
13. All cases so postponed shall be taken up at the subsequent meeting of Council if practicable.
14. Any cases not disposed of at a meeting of Council shall be taken up at the next meeting if practicable.
15. Should the Council decide to refer any question to a Select Committee, the Chairman and the other Members of the Committee shall be appointed by the Council. The Council may authorise any such Committee to record evidence or to summon representatives of any class or community.
16. In all cases discussed in the 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 the vote and the opinion of majority shall be recorded in the form of resolution, the Presiding Member being entitled to a 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.
17. The proceedings of such Council meeting as are held in the absence of His Highness the Maharaja Bahadur shall be submitted by the Council Secretary to His Highness for his sanction and no resolution shall come into force until and unless it has been sanctioned by his Highness. Should His Highness disapprove of any Council Resolution arrived at during his absence he will command the Council Secretary to direct the Members of Council to 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 Member have been given the opportunity of explaining their views, His Highness will announce his decision in Council as to whether the Resolution shall be confirmed or disallowed.
18. All orders of the Council shall be issued in the name of His Highness in Council and shall be signed by the Secretary.
19. The proceedings of the Council shall be reduced to writing in the form of proceedings which shall be signed by all the Members present at the meeting concerned and shall also be recorded by the Secretary in a Minute Book, which shall be signed by His Highness the Maharaja Bahadur.
20. In the absence of His Highness the Maharaja Bahadur the duties assigned to him under these rules shall be discharged by the Member Senior amongst the Members present at the meeting subject to the provisions of Article 16.
21. Under orders of His Highness the Maharaja Bahadur any papers requiring immediate disposal shall be circulated by the Council Secretary amongst the Members of the State Council for their opinion, on receipt of which the case shall be laid before His Highness for commands, which will be communicated to the Member concerned. Such cases shall in due course be recorded in the Council proceedings in a complete form. No member shall retain a case so circulated for more than 2 days.
Note: – All the Members of Council and Secretaries attending Council meetings, shall do so in black Achkans or black morning or frock coats
DUTIES OF THE SECRETARY OF THE COUNCIL
1. to receive all papers submitted to the Council;
2. to prepare and circulate t!1e Agenda of Business and to give due notice of meeting 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 such Council meetings as are held in his Highness absence;
6. to issue to the Members concerned the Resolutions of Council without loss of time;
7. to furnish each Member with a copy of the printed proceedings;
8. to comply with requisitions made by the Members of the Council;
9. to see that reports called for by the Council are promptly sent for from the Department concerned;
10. to supervise the working of the office and be responsible for the custody and maintenance of records;
11. the Secretary, subject to appeal to Council shall have complete control over his office establishment including the superintendent, in the matters of appointment, suspension, leave, punishment and promotion;
12. he shall be responsible for the custody of the seal of the Council and for tile maintenance of the usual office registers, a list of pending references and the Minute Book of proceedings of the Council;
13. in all cases in which the Secretary sees no objection, copies of Resolution of the present and the late State Council and of His Highness orders passed in the interim between the abolition of the old Council in 1905 and the constitution of the new Council in January in 1922 if applied for, may be given by him to applicants without reference to Council;
14. The Council Secretary shall be empowered to authorise fluctuating expenditure and to pass travailing allowance bills of his subordinate establishment within the allotments provided;
The Council Secretary shall dispose of notices served on the Government under Section 79, 80, 82 (i), 89 (i) order XXVII Rules 2,3,4,5 and 8 order XLI, Rule 7 and appendix XIX (2) of the Civil procedure code, vice Council Resolution No. 72 dated the 4th September 1922.