'fHE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS) RULES

RASHTRAPATI BHAVAN,

NEW DELHI.

January 14, 1961.Pausa 24, 1882 (S).

ORDER

'fHE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS)RULES

In exercise of the powers. conferred by clause (3) of article 77of the Constitution and in supersession of all previous rules andorders on the subject, the President hereby makes the followingrul€s for the more convenient transaction of the business of theGovernment of India:-

1. Short title.-These rules may be called the Government ofIndia (Transaction of Business) Rules, 1961.

2. Definition.-In these rules, "department" means any of theMinistries, Departments, Secretariats and Offices specified in theFirst Schedule to the Government of India (Allocation of. Business)Rule~, 1961.

3..Disposal of business by Ministries.-Subject to the provisionsof these Rules in regard to consultation with other departments andsubmission of cases to the Prime Minister, the 'Cabinet and its Committees and the President, all business allotted to a. departmentunder the Government of India (Allocation of Business) Rules, 1961,.shall be disposed of by, or under the general or special directions of,the Minister in charge.

4. Inter-departmental consultations.-(1) When the subject of acase concerns more than one department, no order shall be issueduntil all such departments have concurred, or, failing such concurrence, a decision thereon has been taken by or under the authorityof the Cabinet.

Explanation.-Every case in which a decision, if taken in onedepartment, is likely to affect the transaction of business:<llotted to another department, shall be deemed to be acase the subject of which concerns more than one department.

(2) Unless the case is fully covered by powers to sanctionexpenditure or to appropriate or re-appropriate funds, conferred byany general or special orders made by the Ministry of '.Finance, nodepartment shall, without the previous concurrence of the Ministryof. Finance, issue any orders which may- ·

(a) involve any abandonment of revenue or involve anyexpenditure for which no provision has been made in theAppropriation Act; · '

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(b) involve any grant of land or assignment of revenue orconcession,grant, lease or licence of mineral or forestrights or a right to water power or any easement or privilege in respect of such concession;

(c) relate to the number or grade of posts, or to the strengthof a service, or to the pay or allowances of Governmentservants or to any other conditions of their service havingfinancial implications; or

(d) otherwise have a financial bearing \Vhether involvingexpenditure or not:

Provided that no orders of the nature specifiedin clause (c) shallbe issued in respect of the Ministry of Finance without the previousconcurrence of the Ministry of Home Affairs. ·

(3) The Ministry of Law shall be consulted on-(a) proposals for legislation;(b) the making of rules and orders of.a general character in

the exercise of a statutory power conferred on the Govern-ment; and

(c) the preparation of important contracts to be entered intoby the Government.

(4) Unless the case is fully covered by a decision or advice previously given by that Ministry, the Ministry of HomeAffairs shall beconsulted on all matters involving-

(a) the determination of the methods of recruitment andconditions of service of general ·1pplicationto Governmentservants in civil employment; and

(b) the interpretation of the existing orders of general application relating to such recruitment or conditionsof service.

(5) Unless the case is fully covered by the instructions issued oradvice given by that Ministry, the Ministry of External Affairs shallbe consulted on all matters affecting India's external relations.

5. Request for papers.-(1) The Prime Minister may call forpapers from any Department.

(2) The Finance Minister may call for papers from any Department in which financial consideration is involved.

(3) Any Minister may ask to see papers in any other Departmentif they are related to or required for the consideration of any casebefore him. ·

6. Committees of the Cabinet.-(1) There shall be StandingCommittees of the Cabinet as set out in the First Schedule to theseRules with the functions specifiedtherein. The Prime Minister mayfrom time to time amend the Schedule by adding to or reducing thenumber of such Committees or by modifying the functions assignedto them.

(2) Each Standing Committee shall consist of such Ministers asthe Prime Minister may from time to time specify.

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(3) Subject to the provisionsof rule 7, each Standing Committeeshall have the power to consider and take decisions on mattersreferred to it by order of the Minister concernedor by the Cabinet.

(4) Ad hoc Committees of Ministers may be appointed by theCabinet or by the Prime Minister for investigating and reporting tothe Cabinet on suchmatters as may be specified,and, if so authorisedby the Cabinet, for taking decisionson suchmatters.

(5) Any decisiontaken by a Standing or Ad hoc Committeemaybe reviewed by the Cabinet.

(6) No case which concernsmore than one department shall bebrought before a Standing or Ad hoc Committeeof the Cabinet untilall the departments concernedhave beericonsulted.

7. Submissionof cases to the Cabinet-All cases specifiedin theSecondScheduleto these Rulesshall be brought before the Cabinet:

Provided that no case which concernsmore than one departmentshall, save in cases of urgency, be brought before the Cabinet untilall the departments concernedhave been consulted.

8. Submissionof cases to the Prime Minister and the President.All casesof the nature specifiedin the Third Schedule to these Rulesshall, before the issue of orders thereon, be submitted to the PrimeMinister or to the President or to the Prime Minister and the President, as indicated in that Schedule.

9. Submissionof periodical returns to the Cabinet.-Each department shall submit to the Cabinet a monthly summaryof its principalactivities and such other periodical returns as the Cabinet or thePrime Minister may from time to time require.

10.Submissionof certain papers to the President.-The periodicalreports and other papers specifiedin the Fourth Schedule to theseRules shall be submitted to the President for information as earlyas possible.

11. Responsibility of departmental Secretaries.-In each department, the Secretary (which term includes the Special Secretary orAdditionalSecretary or Joint Secretary in independent charge) shallbe the administrative head thereof.,and shall be responsiblefor theproper transaction of business and the careful observanceof theserules in that department.

12.Departure from Rules.-The Prime Minister may, in any caseor classesof cases,permit or condonea departure from these rules, tothe extent he deemsnecessary.

RAJENDRAPRASADPresident.

THE FIRST SCHEDULE

[Rule 6 (1))

Standing Committees-of the Cabinet and their functions

Name of the StandingCommittee·

(I)Appointments Committee

(2) Committee on Food

(3) Committee on HeavyIndustry.

(4) Committee on Oil

(~) Defence Committee

(6) Economic Committee

(7) Foreign Affairs Committee

Functions

(i) To consider all recommendationsand take decisions in respect ofappointments specified in theAnnexure to this Schedule ;and

(ii) to decide all cases of disagreementrelating to appointments between the department concernedand the Union Public ServiceCommission.

To consider cases pertammg to foodposition in the country, fixation ofceiling prices, local movement, im-ports, etc.

To bring about close co-ordination atall levels in the heavy industriesin the public sector.

To consider cases pertaining inier=aliato:-(i) the exploration, exploitation, pro

duction and transport of crudemineral oil and natural gas ;and

(ii) production, supply, distribution andprices of petroleum products.

To deal with all important questionsrelating to the defence of the country.

To direct and co-ordinate all Governmental activities in the economicfield and generally to regulate theworking of the national economy.

To deal with all important questionsrelating to foreign affairs.

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Name of the StandingCommittee

(8) Information and BroadcastingCommittee.

(9) Manpower Committee

_(ro) Parliamentary and LegalAffairs Committee.

{r r) Rehabilitation Committee

~r2) Scientific Committee

.,...,.

Functions

To consider, direct and co-ordinateimportant activities in tile informationfield including Government's relationswith the press and the public and to,determine information, broadcastingand film policies in general.

• To consider the problem of manpowerin an integrated manner.

(a) To watch the progress of Government business in Parliament andto give such directions as may benecessary from time to time, inorder to secure smooth and efficientconduct of such business ;

(b) to scrutinise and consider the atti- tude of the Government on all non

official bills and resolutions to bepresented to the -Parliament ;and

(c) to maintain a review from an alllndia point of view of legislationundertaken by State Legislatures.

To deal with all matters connectedwith relief and rehabilitation ofdisplaced persons.(i) To advise the Cabinet-

(a) in the formulation and implementation of the Government'sscientific policy ;

(h) on the co-ordination of scientificwork between the various departments and between Government and semi-governmentalscientific institutions in thecountry, including the scientificand technical departments ofthe Universities ;

(c) on scientific and technicalco-operation with other countries, and with internationalscientific and technical organisations ; and

(d) on such matters as may bereferred to it ; and

(ii) to place before the Cabinet suchproposals and advice as may improve and develop scientific andtechnical work in the country .

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ANNEXURE TO THE FIRST SCHEDULE

AppDintments requiring the approval of the AppointmentsCommittee of the Cabinet

Departments Appointments

Ministry of Railways r. Chairman, Railway Board.2. Members and Additional Members

of the Railway Board.3. Financial Commissioner for Rail-

ways.4. General Managers of Railways and

equivalent appointments.

Ministry of External Affairs r. Secretariat appointments of andabove the rank of Deputy Secre-tary.

2. Field appointments above therank of First Secretaries toMissions except appointments ofAmbassadors, Heads of Missionsand other higher dignitaries.

Ministry of Defence .'r. Secretariat appointments of and

above the rank of Deputy Secre-tary ..

2. Scientific Adviser to the Defence' Minister.

3. Director General, Armed ForcesMedical Services.

4. Chairmen, Managing Directorsand General Managers of Stateowned public corporations, companies and enterprises, salariedor otherwise.

5. Other appointments in the Stateowned public corporations, companies and enterprises .carryingan ultimate salary exceedingRs. 2,000 p.m.

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NAVY

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Ministry of Defence-contd. ARMY

6. Chief of the Army Staff.7. Deputy Chief of the Army Staff.8. General Officer Commanding-in

Chief, Southern Command.9. General Officer Commanding-in

Chief, Eastern Command.10. General Officer Commanding-in

Chief, Western Command.1I. Principal Staff Officers, i.e., Chief

of the General Staff, AdjutantGeneral, Master-General of theOrdnance and Quarter-MasterGeneral.

12. Chief of the Naval Staff.13. Flag Officer Commanding, Indian

Fleet.14. Deputy Chief of the Naval Staff.15. Flag Officer, Bombay.16. Commodore-in-charge, Cochin .17. Principal Staff Officers, i.e.,

Chief of Personnel, Chief ofMaterial and Chief of NavalAviation.

18. Commodore, East Coast.

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AIR FORCE

19. Chief of the Air Staff.20. Deputy Chief of the Air Staff.21. Air Officer Commanding-in-Chief,

Operational Command.22. Air Officer Commanding, Training

Command.23. Air Officer Commanding, Main

tenance Command.24. Principal Staff Officers, i.e., Air

Officer-in-charge, Maintenanceand Air Officer-in-charge, Aeiministration.

... _ ..•.•.. 8


All oth::r d::p1rtments 1. Secretariat appointments of andabove the rank of Deputy Secre-tary.

2. Chairmen, Managing Directors andGeneral Managers of State-ownedpublic corporations, companiesand enterprises, salaried orotherwise, including Governorand Deputy Governors of theReserve Bank of India.

3. Other appointments in the Stateowned public corporations, companies and enterprises carrying anultimate salary exceeding Rs. 2,000p.m.

4. All other appointments which aremade by the Government of Indiaor which require the approval ofthe Government of India and whichcarry an initial or ultimate salaryof Rs. 2,000 p.m. or above,

·...·.,_.

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THE SECOND SCHEDULE

(Rule 7)

JCases which shall be brought before the Cabinet

(a) Cases in.volving legislation including the issue of Ordinances.(b) Addresses and messages of the President to Houses of Parliament.(c)' Proposals to summon or prorogue the Houses of Parliament or

dissolve the House of the People.(d) Cases involving negotiations with foreign and commonwealth

countries on treaties, agreements .and other important matters.(e) Proposals for sending abroad of delegations or of persons in any ,

other capacity, other than riormal postings. ·(!) Proposals to appoint public commissions or committees of inquiry

and consideration of the reports of such commissions or committees.

(g) Any proposal to withdraw otherwise than in accordance withcompetent legal advice, any prosecution instituted by or at theinstance of the Government of India.

(h) Important proposals involving creation of corporations or companies in the Public Sector.

(i) Proposals relating to-(i) creation of posts carrying pay exceeding Rs. 3,000 per

month; and(ii) the re-employment of Government servants where the pay

(including pension) proposed to be fixed exceeds Rs. 3,000per month.

(j) Cases involving financial implications on which the FinanceMinister desires a decision of the Cabinet.

(k) Cases in which a Minister desires a decision or direction of theCabinet in a matter of importance on a subject assigned to hischarge.

(I) Cases in which a difference of opinion arises between two or moreMinisters and a Cabinet decision is desired.

(m) Proposals to vary or reverse a decision previously taken by theCabinet. '

(n) Any other cases which the President or the Prime Minister mayby general or special order require to be brought before theCabinet.

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THE THililD S€HED ULE

(Rule 8)

Cases for submission to the Prime Minister and the President

Reference toprovisionof

theConstitution,

if any

SI.No.

Nature of casesAuthority towhom to besubmitted

I 3 42

1. President's emoluments, Article 59(3)allowances, privileges andofficial residences.

2. Grant of pardons, reprieves, Article 72respites, suspension, re-mission or commutation ofa sentence of death.

3. Appointment and resignation Article 75of the Prime Minister andother Ministers of theUnion.

4. Appointment, resignation Article 76and removal of the Attor-ney General for India.

5. Nomination of members of Articles 80either House of Parliament. and 331.

6. Articles 85and rn8.

Summoning or prorogationof the Houses of Parliament or dissolution of theHouse of the People.

7. The President's address and Articles 86messages to Houses of and 108.Parliament.

8. Disqualifications of Members Article !03of Parliament.

9. Bills passed by the Houses Article I I Iof Parliament· for the Pre-sident's assent."

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The Prime Ministerand the President.

The President.

The President.






The President.

11

Sl.No.

Nature of casesReference toprovision of

theConstitution j'if any

Authority towhom to besubmitted

I 2 3 4

The President.Articles r rz,II4, 115, II7and .::>74..

I I. Promulgation and withdrawal Article 123of Ordinances.

14. Appointment, resignation andremoval of the Comptrollerand Auditor-General ofIndia.

IO. Recommendations of thePresident for presentationto the Houses of Parliament of Annual FinancialStatements and Statementsrelating to supplementary,additional or excess grants ;appropriation bills ; billsaffecting taxation in whichStates are interested.

12. Appointment, resignation and Articles 124,removal of Judges of the 126, 127andSupreme Court of India. 128.

13. References to the Supreme Article 143Court of India.

15. Appointment, resignation andremoval of Governors ofStates and Administratorsof Union Territories of thestatus of Lieut. Governor.

16. Provision for the discharge ofthe functions of the Governor of a State or in case offailure of constitutional machinery in States.

17. Bills reserved by the Governorof a State for the President's assent.

Article 148

Articles 155and 239.


Article 201






The President.

The President."

SLNo.

Reference toprovision of

theConstitution,

if any


Nature of cases

I 2 3

18. Appointment, resignation and Articles 217,removal of Judges of the 223 and 224.High Courts for States.

19. Establishment of Inter-State Article 263Councils. ·

20. Appointment, suspension, Article -280resignation and removal ofthe Chairman and Membersof the Finance Commis-sion.

21. Appointment, resignation andremoval of the Chairmanand Members of the UnionPublic Service Commission.


22. Appointment, resignation and Article 324.removal of Chief ElectionCommissioner and otherElection Commissioners.

Appointment, resignation and Article 338.removal of Special Officerfor Scheduled Castes andScheduled Tribes.'

Appointment, resignation and Article 339removal of the Chairmanand Members of the Com-mission to report on theadministration of Sche-duled Areas and the wel-fare of Scheduled Tribesin the States.

Appointment, resignation and Article 340removal .of the Chairmanand Members of the Com-mission to investigate intoconditions of backwardclasses.

4


The Prime Ministerand the President


·fhe Prime Ministerand the President.




The Prime Ministerand the. President.

13

Sl. Nature of casesNo.

Reference toprovision of

theConstitution,

if any


I 2

26. Appointment, resignation andremoval of the Chairmanand Members of the Commission on official languageof the Union.

27. Proclamation of Emergencyand Proclamation as tofinancial emergency andother provisions arisingout of such Proclamations.

28. Recognition of Rulersformer Indian States.

of Article 366(22) The Prime Ministerand the President.

3

Article 344

Articles 352to 360.

29. Amendment of the Consti- Article 368tution.

30. Proposals under Articles 370and 37r.

3r. Assent to Regulations madeunder paragraph 5 (2) ofthe Fifth Schedule to the -·Constitution.

32. Appointment and removal ofAmbassadors, Ministers,Charge d'Affaires and otherhigh dignitaries accreditedto the .fo£eign countries.

33. Award of Medals, Decorations and " Mention inDespatches".

34. Messages to Heads of foreigncountries.

35. Appointments, resignationsand removal of such otherauthorities as the President may, by general .orspecial order, prescribe.'

4

The Prime Ministerand the President·




The President.



The President.

The President

\.•.•..•......_~~~~~~~~~~~'~~~~~~~~-'---~====-- ......•...=====--

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SI.No.


the'Constitution,

if any


I 2

36. Such other cases of administrative importance as thePrime Minister may soecify.

37. Appointment, resignation andremoval of Chairmen andmembers of any other statutory Commissions, notmentioned above and important ad hoc Commissions and members thereof.

38. Appointment of Indians toimportant posts on executive and other organs ofinternational bodies suchas the International Monetary Fund and the International Bank.

39. (i) Dismissal, removal, compulsory retirement or reduction in rank of an officer of an all-India Serviceor a Central Service,Class I, holding a postappointment to whichrequires the approval ofthe Appointments Committee of the Cabinet.

(ii) Cases of disciplinary actionagainst officers of the allIndia Services or theCentral Services, Class I,in respect of which thereis a difference of opinionbetween the departmentsconcerned or between thedepartment concerned andthe Union Public ServiceCommission.

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The President.

The Prime Minister•

The Prime Minister.


The Prime Minister.

15


theConstitution,

if any


SI.No.

3 4I 2

40. Delegations to International(including Commonwealth)Assemblies and Conferences.

The Prime Minister.

41. Grant of permission to takeup employment in commercial, industrial or other private concerns to personswho have held posts, ap-.pointments to which arerequired to be made withthe approval of the Appointments Committee of theCabinet or the PrimeMinister.

The Prime Minister.

42. Any other matter which the-Prime Minister may fromtime to time, by general orspecial order, specify.

The Prime Minister.

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THEFOURTHSCHEDULE

(Rule 10)

(r) Agenda and conn€cted papers for meetings of the Cabinet andits Committees and cases circulated to 1\ilinisters for recordingtheir opinion.

(2) Record of decisions reached on cases either circulated to Ministers, or decided at a meeting of the Cabinet or any of its Com-mittees.

Periodical Reports and other papers which shall be submittedto the President for his information

(3) Monthly summaries and such other periodical returns as arerequired to be submitted by departments to the Cabinet.

(4) Weekly Intelligence Summaries from the Director, IntelligenceBureau.

(5) Fortnightly reports about the internal political situation, etc.,from States and Union Territories.

(6) Annual reports or reports submitted by officers, committees andcommissions appointed either by Government or by the President in accordance with the provisions of the Constitution.

(7) Important telegrams exchanged between the Ministry of ExternalAffairs and Representatives abroad.

(8) Copies of orders issued by departments conveying-(a) instructions from the President under the proviso to clause

(r) of article 213 for the promulgation of Ordinances byGovernors of States; and

(b) sanctions of the President under the proviso to article304 to the introduction in the Legislature of a State ofBills or amendments imposing restrictions on the freedomof trade, commerce or intercourse with or within thatState.

(9) Such other information relating to .he administration of theaffairs of the Union and proposals for legislation as the Presidentmay call for.

Confidentialand

for official use only

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GMGIPND-TSWing-86 C Sectt-6-3-61-1000.

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'fHE GOVERNMENT OF INDIA (TRANSACTION OF BUSINESS) RULES

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