(1)(a) Cases specified in the First Schedule to these Rules shall be brought before the Cabinet after submission to the Minister-in charge of the Department.
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(b) Cases other than those specified in the First Schedule to these Rules shall be brought before the Cabinet by the direction of-
(i) the Chief Minister, or
(ii) the Minister-in-charge of the Department with theconsent of the Chief Minister:
Provided that no case in regard to which the Finance Department is required to be consulted under Rule 17, shall, save in exceptional circumstances under the direction of the Chief Minister, be discussed by the cabinet unless the Finance Minister has had an opportunity to consider it.
(2) Any case which the Governor may require to be submitted for consideration of the Council under Article 167 (c) of the Constitution shall be brought before the Council under the direction of the Chief Minister. The provisions of these Rules shall mutatis mutandis be applicable in respect of the procedure of the Council.
1[(3). When the rules are framed under the constitution of India or any Central Act such rules shall be framed with the approval of the Cabinet. When the rules are framed under the State Acts such rules shall be framed with the approval of the Minister concerned:
Provided that, any rules proposed to be framed or amended under a State Act, which has greater impact on the public shall be framed after approval of the Cabinet. The Secretary of the concerned department, after consulting the minister in charge shall decide whether any amendment of rules or framing of rules requires a detailed discussion in the cabinet. In such cases it shall be submitted to the Chief Minister through the Minister concerned.
14 The decision of the Chief Minister regarding requirement of approval of cabinet shall be final.]1
1. Inserted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD EX dt.
21.11.2019
21. Subject to the provisions of Rule 20, all cases specified in the First Schedule to these Rules shall be brought before the Cabinet.
1[Provided that where a proposal relating to an externally aided project involving fifty crores and above is already approved by the Cabinet any proposal regarding implementation of such project need not be brought before the Cabinet but shall be placed before an empowered committee constituted by any general or special order with the prior approval of the Cabinet, consisting of such persons and with such powers and functions as may be specified in such order.]1
1. Inserted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD EX dt.
29.8.2000
22. The Chief Secretary, or in his absence, such other officer as the Chief Minister may appoint in this behalf shall be the Secretary to the Cabinet.
23.(1)While submitting a case for being laid before the Cabinet, the Department to which the case belongs should prepare and forward a Memorandum setting out with sufficient precision, the points in the case which require decision to the Secretary to the Cabinet, through the Chief Secretary and the Minister-in-charge of the Department.
In particular, the Memorandum shall state concisely:
(i) In case which concerns more than one Department, the joint recommendations of the Ministers or points of differences between them, with the recommendations of each of the Ministers concerned.
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(ii) If it has not been possible to consult any concerned Department, the reason there for.
(iii) Advise, if any, tendered by the 3[2[1[Department of Parliamentary Affairs]2 and Legislation]1]3 under these rules.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt.24.1.1996
2. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018
3. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt.21.11.2019.
(2) When the subject of the case concerns more than one Department, the case shall not be submitted for being laid before the Cabinet until it has been considered by the Departments concerned, unless the case is one of extreme urgency.