(1) The Secretary in a Department is a Secretary to the Government. It is his duty to see that the policy of the Government in the Department with which he is concerned is carried out. It is his duty to place before the Minister all relevant facts relating to a case accurately and to tender the necessary advice either in a written note or orally at any time before the Minister passes final orders on a case. It shall also be the duty of the Secretary to draw the attention of the Minister to the fact that any proposed course of action is contrary to the provisions of any rule or law or is at variance with the policy hitherto adopted by Government.
(2) The Secretary may with the approval of the Minister-in-charge delegate such powers to the 1[Special Secretary, the Additional Secretary]1 Joint Secretaries, Deputy Secretaries and Under Secretaries working under him as he considers necessary, subject to compliance with the provisions of these rules.
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
77. If any doubt arises as to the interpretation of these rules, it shall be referred to the Chief Minister, whose decision shall be final.
78. The Chief Secretary and the Secretary of the Department concerned are severally responsible for the proper transaction of business and for the careful observance of these 50 Rules and when either of them considers that there has been any material departure from them, he shall personally bring it to the notice of the Chief Minister through the Minister-in-charge, as the case may be.
1[79. The Government of Karnataka (Consultation with financial Advisors) Rules, 1982 and orders or circulars issued by the Finance Department, regarding duties and responsibilities of Financial Advisors referred to in clause (ii) of para 80 of the Karnataka Government Secretariat Manual of Office Procedure (Revised) 2005, shall continue to remain in force and be deemed to have been made under rule 45 and sub-rule (3) of rule 46 of these rules.] 1
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 51 FIRST SCHEDULE (See rules 12, 20 and 21) (CASES WHICH SHALL BE BROUGHT BEFORE THE CABINET)
1. Proposals for Legislation inclusive of Ordinances, but excluding proposals which in the opinion of the Chief Minister are of a purely formal nature or of trivial importance;
2. Any case in which the attitude of Government to resolutions to be moved in the Legislature is to be determined;
1[Provided that if the urgency of the case so requires and it is not practicable to obtain the approval of the Cabinet, such attitude of the Government may be determined with the approval of the Minister- in-charge of the Department and the Chief Minister.]1
1. Inserted in Notification No: DCA 15 ARB 83, dt. 29.11.1983
3. Cases relating to summoning and prorogation of the Legislature, dissolution of the Legislative Assembly, nominations to the Legislative Council, 1[**]1 and other connected matters;
1. Omitted in Notification No: DCA 8 ARB 84, dt. 26.07.1985
4. Decision on questions arising as to whether the Member of a House of the Legislature of the State has become subject to any disqualification under article 191 and any proposals to refer such questions for the opinion of the Election Commission; any proposal to recover or to waive recovery of the penalty due under article 193;
5. Proposals for the provision of representation of the Anglo- Indian Community (article 333);
6. Proposals to move resolutions under article 252;
52
7. Proposals to entrust the functions of the State Government to the Government of India or its officers under article 258-A.
1[8. Important communications from the Election Commission and action proposed to be taken thereon, except routine instructions and proposals related to staff, etc.,]1
1. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD dt:29.8.2000 1[9. Proposals for imposition of new taxation or any change in the method of assessment or pitch of existing taxation, land revenue or water rates, for raising of loans on the security of the general revenue of the State or for giving a guarantee by the Government in a particular proposal exceeding rupees ten crores]1
1. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD dt:
29.8.2000
10. The Annual Financial Statement including connected papers to be laid before the Legislature and proposals for supplementary demands.
11. Any proposals affecting the finances of the State or for reappropriation within a grant in which the Minister -incharge of the Finance Department has not concurred.
1[12. Proposals involving alienation, whether temporary or permanent, by way of sale, grant or lease of Government property or the abandonment or reduction of revenue, where such alienation or abandonment or reduction of revenue is not 2[covered by]2 the provisions of the Karnataka Land Revenue Act, 1964 and rules made there under or any other Act or rules or any general scheme approved by the Government or 2[except cases pertaining to grant of land to other Government Departments, Corporations, Local bodies for public purpose for value of land up to rupees five crores.]2]1
1. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD EX. dt:
29.8.2000
2. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 53 1[13 xxx ] 1
1. Omitted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019. KGD Ex.
dt.21.11.2019
14. Reports of Committees of Inquiry appointed by Government on their own initiative or in pursuance of a resolution of the Legislature;
4[1[15.Administrative approval of work estimates, where, -
(i) original estimates exceed 3[rupees ten crores]3; or
(ii) original estimates does not exceed rupees ten crores;
but the revised estimate exceeds rupees ten crores;
or
(iii) original estimate exceeds rupees ten crores and revised estimates exceed the original estimates by twenty five percent or rupees ten crores whichever is less.]4 [Provided that the Chief Minister may, if the urgency of the case so requires, permit the Minister-in-charge to take action at once in a case which would otherwise be required, by this rule, to be brought before the Cabinet.]1 2[Provided further that, the State Level Empowered Committee may accord administrative approval in respect of rural water supply projects costing more than rupees five crore but not exceeding rupees on hundred crore under Centrally sponsored Schemes.
Explanation,- For the purpose of the proviso State Level Empowered Committee means the Committee constituted vide G.O. No: ������ 14 ������� (5) 2013, dtd: 11.03.2013 to accord administrative approval to any estimate or revised estimate of multi village water supply schemes of and above rupees five crores but not exceeding hundred crores, which are to be implemented under the funds of National Rural Drinking Water Programmes and 13th Finance Commission].2
1. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 54
2. Inserted by Notification No. DCA 05 ARB 2013, Dt. 17.12.2014 KGD EX.
dt:17.12.2014
3. Substituted by Notification No. DPAR 10 ARB 2015, dt: 16.12.2015, KGD Ex.
dt: 16.12.2015
4. Substituted by Notification No. DPAR 10 ARB 2015, dt:03.04.2019, KGD Ex.
dt:03.04.2019 1[15A. Administrative approval of goods and services other than works: (1) In respect of goods and services of scale based items, approval has to be obtained whenever there is any change either in the rates or quantity once in five years.
Provided that, in case of any change in rate or quantity less than five percent within five years the proposal need not be brought before the cabinet.
(2) In respect of other goods and services, 2[exceeding rupees ten crores]2 approval has to be obtained as and when requirement arises:
Provided that, if the revised cost of procurement exceeds rupees ten crores, it shall again be placed before the Cabinet.
Explanation.- Scale based items are those being procured by the departments like egg and milk distribution to anganawadi and school children, uniforms, procurement of food grains etc., for which the rates and the quantity are generally fixed]1
1. Inserted by Notification No. DPAR 15 ARB 2018, dt: 21.11.2019 KGD Ex. dt:
21.11.2019
2. Inserted by Notification No. DPAR 1 ARB 2020, dt: 03.04.2020 KGD Ex. dt:
03.04.2020 1[16. Proposals relating to-
(i) Creation of new corporations or companies either wholly owned or partially financed by the State Government or by a Public Sector Undertaking;
55 2[(ii) Participation by the State Government or a Public Sector Undertaking in providing share capital to a new or an existing Corporation or Company:-
(a) where Finance Department does not agree; or
(b) where the monetary value of equity participation exceeds rupees one crore or where it exceeds 25 percent of Share Capital of the new company or corporation;
(iii) Providing share capital exceeding rupees one crore by the Karnataka State Industrial Investment and Development Corporation and exceeding rupees seventy five lakhs by the Karnataka State Financial Corporation to an existing corporation or company.]1]2
(iv) winding up, amalgamation or such other major schemes of structural re-organization of public sector undertakings;
2[(v) Increase in capital investment estimates of State owned public corporations, companies, enterprises and projects where such increase is more than 50 percent and where such increase is partly or wholly funded by Government;
(v) expansion of existing schemes or establishing of new schemes or new lines of production by any State owned Public Corporation, company, enterprise or project where such expanding or establishing new schemes or new lines of production involves any capital outlay of not less than rupees three crores or where the capital outlay on such expansion of existing schemes or establishment of new schemes or new lines of production is funded by State Government partly or wholly or by means of finance guaranteed partly or wholly by the State Government or where the capital outlay exceeds 25 percent of the gross block of such corporation, company or enterprise or project.]2 and 56
(vii) grant of loans by the Karnataka State Industrial Investment and Development Corporation and the Karnataka State Financial Corporation in excess of the limits laid down by the Industrial development Bank of India for purposes of refinancing.]1
1. inserted by Notification No: DCA 23 ARB 83, dt. 26.06.1984
2. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 Ex KGD dt:
29.8.2000
17. Proposals for the making or amending of rules regulating “the recruitment and the conditions of service of persons serving in connection with the affairs of the State, except where the proposals are of minor importance.
1[Provided that, in case of framing or amending rules pertaining to method of Recruitment only such proposals which are recommended as proposal of minor importance by the Cadre Review Com