(1) The Administrator shall refer to the Central Government every Bill which ™
(a) If passed by the Legislative Assembly, is required to be reserved for the consideration of the President under sub-section (2) of section 21 or, as the case may be, under the second proviso to section 25, of the Act;
(b) relates to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution;
(c) attracts the provisions of article 304 of the Constitution as applicable to the Union territory;
(d) relates to any matter which may ultimately necessitate additional financial assistance from the Central Government through substantive expenditure from the Consolidated Fund of the Union territory or abandonment of revenue or lowering of the rate of any tax;
(e) pertains to any matter relating to Universities;
(f) affects or is likely to affect the interests of any minority community, Scheduled Caste or Backward Class.
(2) Subject to the provisions of any instructions which may from time to time be issued by the Central Government, the Administrator shall make a prior reference to the Central Government in the Ministry of Home Affairs or to the appropriate Ministry with a copy to the Ministry of Home Affairs, in respect of the following matters, namely:- 264
(a) all important cases raising questions of policy;
(b) cases affecting the relations of the Central Government with any State Government, the Supreme Court or any High Court or the Court of Judicial Commissioner;
(c) proposals for appointment of the Chief Secretary, Development Commissioner, Finance Secretary, Law Secretary, Inspector General of Police, and appointments to posts which carry an ultimate salary of Rs.2,000/- per mensem or more;
(d) Inter-sectional alteration in plan schemes; and
(e) non-delegated financial powers.
57. Notwithstanding anything contained in these Rules, a prior reference shall be made to the Central Government or Chief Engineer, Central Public Works Department or such other engineering officers as the Central Government may prescribe, in regard to all matters relating to public work undertaken by the Government of the Union territory in which the sanction of the Central Government or Chief Engineer or other, engineering officers aforesaid, as the case may be, is required under the Central Public Works Code or Orders of the Central Government issued in that behalf.
58. When a matter has been referred by the Administrator to the Central Government or any other authority under these Rules, further action thereon shall not be taken except in accordance with the decision of that Government or authority.
CHAPTER - VI MISCELLANEOUS
59. The Chief Secretary and the Secretary of the Department concerned are severally responsible for the careful observance of these 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 Minister-in-charge, the Chief Minister and the Administrator.
265 S C H E D U L E (See rules 9 and 10)
1. Cases relating to summoning and prorogation and dissolution of the Legislative Assembly, removal of disqualification of voters at elections to the Legislative Assembly, fixing of dates of elections to the Legislative Assembly and other connected matters.
2. The annual financial statements to be laid before the Legislature and demands for supplementary, additional or excess grants.
3. Cases in which the attitude of the Council to any resolution or Bill to be moved in the Legislature is to be determined.
4. Proposals for the imposition of a new tax or any change in the method of assessment or the pitch of any existing tax or land revenue or irrigation rates.
5. Any proposal which effects the finances of the of the Union territory which has not the consent of the Finance Minister.
6. Any proposal for re-appropriation to which the consent of the Finance Minister is required and has been withheld.
7. Proposals involving the alienation, either temporary or permanent, or of sale, grant or lease of Government property exceeding rupees three thousand in value or the abandonment or reduction of revenue exceeding that amount except when such alienation, sale, grant or lease of Government property is in accordance with the rules or with a general scheme already approved by the Council.
8. The annual audit review of the finance of the Union territory and the report of the Public Accounts Committee.
9. Proposals involving any important change in policy or practice.
10. Proposed circulars embodying important changes in the administrative system of the Union territory.
11. Any proposal for the institution or withdrawal of a prosecution by Government against the advice tendered by the Law Department.
12. Proposals for the creation or abolition of any public office the maximum remuneration of which exceed rupees two hundred and fifty.
13. Appointment of Committees of Inquiry on the initiative of the Government or in pursuance of a resolution passed by the Legislature of the Union territory and reports of such Committees, i , - .] , -• I -,.. "- ,, ' - . •.... -• ; ;
: : ' . •'' " 266
14. Cases required by the Administrator or Chief Minister to be brought before the Council.
15. Omitted.
16. Proposals relating to rules to be made under proviso to section 33(1) of the Act.
17. Draft Bills and proposals for legislation.
18. Proposals for reference to President for decision on questions arising as to whether a member of the Legislative Assembly has become subject to any disqualification under section 14(1) of the Act; any proposal to recover or to waive recovery of the penalty due under section 15, of the Act.
19. Proposals to vary or reverse a decision previously taken by the Council.