(1) Copies of all communications received from the Government of India(including those from the Prime Minister and other Ministers of the Union), a State Government or the High Court, other than those of a routine or unimportant character, shall, as soon as possible after receipt, be submitted by the Secretary to the Minister-in-charge, the Chief Minister and Governor for information.
(2) The Secretary in the Department concerned shall without delay send, immediately on receipt, copies of communications reporting an occurrence of the nature indicated below to the Chief Minister and to the Minister or Ministers concerned for information.
(i) Riots which involve a serious breach of the public peace;
(ii) Outrages which have a political aspect;
(iii) Calamities, such as floods or earth quakes which cause serious damage to life or Property; and
(iv) All other events which have a political or administrative importance and all unusual happenings.
(3) If the first report of an occurrence of the nature indicated above, is received in any Department of the Secretariat other than the Department of Personnel and Administrative Reforms, the Secretary of that Department shall send a copy of it immediately to the Chief Secretary also.
Note: - Secretariat action on the communication shall not be held up.
35. Any matter likely to bring the State Government into controversy with the Government of India or with any other State Government, shall as soon as the possibility of such a controversy 22 is envisaged, be brought to the notice of the Governor, Chief Minister and the Minister-in-charge.
36. All cases of the nature specified in the Second Schedule to these Rules shall, before the issue of orders thereon, be submitted to the Chief Minister by the Secretary of the Department1 [ through the Minister]1
1. Inserted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019. KGD EX dt.
21.11.2019
37. All cases of the nature specified in the Third Schedule to these Rules shall, before the issue of orders thereon, be submitted to the Governor.
B. Governor
38. The Chief Minister shall cause to be furnished to the Governor such information relating to the administration of the affairs of the State and proposals for legislations the Governor may call for.
39. Where in any case the Governor considers that any further action should be taken or that action should be taken otherwise than in accordance with orders passed by the Ministerin-charge, the Governor may refer the case to the Chief Minister and should he require the case to be laid before the Council of Ministers for consideration, the case shall be so laid:
Provided that the notes, minutes or comments of the Governor in any such cases shall not be brought on the Secretariat record unless the Governor so directs.
40. Cases requiring the approval of the Governor under these Rules or any provision of law and Bills to be assented to. or reserved for the consideration of the President, by the Governor under the Constitution, shall be sent to the Secretary to the Governor for submission to the Governor, by the Secretary of the Department, after perusal by the Minister-in-charge.
23 C. Finance Department
41. The Finance Department shall perform the following functions, namely:-
(a) It shall review periodically the demand, collection and balance of the several classes of loans and advances and shall advice on all transactions relating to loans and advances;
(b) It shall be responsible for the safety and employment of all funds belonging to, vesting in or under the management of the State Government;
(c) It shall examine and report on all proposals for the increase, continuance or reduction of taxation;
(d) It shall examine and report on all proposals for the borrowing by the Government: shall take all steps necessary for the purpose of raising such loans as have been duly authorised; and shall be in-charge of all matters relating to the service of loans;
(e) It shall be responsible for all matters relative to financial procedure and the application of the principles of sound finance;
(f) It shall be responsible for seeing that proper financial rules are framed for the guidance of other Departments and that suitable accounts, including commercial accounts, where necessary, are maintained by other Departments and Establishments subordinate to them;
(g) It shall be responsible for all matters relative to budget procedure and to the form and content of the Annual Financial Statement, and it shall be responsible during the year for the provision of ways and means and for watching the state of the Government's cash balances;
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(h) in connection with the budget and with the supplementary estimates-
(i) It shall prepare the annual statement of receipts and expenditure for presentation to the houses of the Legislature and any supplementary estimates of expenditure which it may be necessary to present in the course of the year; it shall also prepare the Appropriation Bills and Bills relating to the Consolidated and Contingency Funds of the State.
(ii) for the purpose of such preparation, it shall obtain from the Departments concerned, material on which to base its estimates, and it shall be responsible for the correctness of the estimates, framed on the material so supplied ;
(iii) it shall examine and advise on all schemes of new expenditure for which, it is proposed to make provision in the estimates, and shall decline to provide in the estimates for any schemes which has not been so examined;
(i) on receipt of a report from an audit officer that expenditure for which there is no sufficient sanction, is being incurred, it shall require steps to be taken to obtain sanction or that the expenditure shall immediately cease;
(j) it shall lay the audit report relating to the State Accounts before the committee on Public Accounts;
(k) it shall decide to what extent in particular Departments the audit of the expenditure should be reinforced by an audit of receipts;
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(l) it shall advice departments responsible for the collection of revenue regarding the methods of collection employed.
42. The Finance Department shall be consulted before the issue of orders upon all proposals which affect the finances of the State, and in particular,-
(a) proposals to add any post, or abolish any post from the public service or to vary the tenure or emoluments of any post;
(b) proposals to sanction an allowance or special or personal pay for any post or class of posts, or to any servant of the Government of the State;
(c) proposals involving abandonment of revenue or involving an expenditure for which no provision has been made in the Appropriation Act:
Provided that where it is sought to create posts or sanction allowance, raise salaries or give financial concessions to employees in the Finance Department itself or in the Department under its administrative control / the Department of Personnel and Administrative Reforms will exercise in respect of such matters, all Powers of the Finance Department.