RESIDUARY PROCEDURE FOR CONDUCT OF THE BUSINESS OF THE COUNCIL
In pursuance of clause (f) of paragraph 5 of the Inter State Council Order 1990, the Council hereby lays down, with the approval of the Central Government, the following other procedure to be observed by it in the Conduct of its business, namely:
(1). Reference to the Council – If any matter is sought to be brought up before the Council by the Central Government or by the Government of any State or Union Territory, a formal reference shall be made to the Council, addressed to the Secretary of the Council, with a self-contained note setting out, -
(a) the issue or issues involved and the reasons for making the reference, together with supporting documents, if any; and
(b) the constitutional and legal implications of the said issue or issues.
(2) Examination of reference – (a) On receipt of the reference, the Secretariat of the Council shall examine it in all its aspects, inter-alia, with reference to the guidelines adopted by the Council and other relevant material. (b) After reference has been examined, the Secretary of the Council shall submit the case to the Chairman with his recommendation for obtaining the orders of the Chairman as to whether the issue or issues raised therein should be included in the Agenda for the meeting of the Council.
(3) Inclusion of matters of general interest in the Agenda – It shall be open to the Secretariat to take up any proposal relating to a matter of general interest as referred to in clause (c) of paragraph 4 of the Presidential Order, 1990 and submit the same to the Chairman, for his orders as to its inclusion in the Agenda. If the Chairman approves such inclusion, the procedure in relation to such matter will be the same as for references received under paragraph (1) above.
(4) Brief for the meeting- If, under orders of the Chairman, a matter is included in the Agenda for a meeting of the Council, the Secretariat shall proceed to prepare a comprehensive Brief for the meeting which should include a note explaining the issues involved in the matter under reference, the historical or other background, the constitutional and legal implications, the views of various authorities, institutions and other consulted by the Secretary on the said matter.
(5) Meetings- The meetings of the council shall be held in Delhi or any other convenient place determined by the Chairman.
(6) Notice of meetings – Notice of every meeting shall be given to the Members at least ten days before the date of such meeting and such meeting shall be accompanied by a copy of the agenda and other papers required by the Chairman to be circulated.
(7) Attendance at meetings- The meetings of the Council shall be attended by its members. Others, including officials, may attend the Council’s meeting only with the prior approval of the Chairman.
(8) Agenda – (a) The items of the business to be transacted at any meeting of the Council shall be listed in an Agenda prepared with the approval of the Chairman.
(b) As far as possible the items of business shall be taken up for discussion in the order in which they are set out in the Agenda. No business, not included in the Agenda, shall be taken up at the meeting without the leave of the Chairman.
(9) Discussion – (a) When any item in the agenda is taken up for discussion, the Chairman may initiate the discussion explaining the points involved or may request any Member concerned to do so and the Chairman may fix time to the Members for presenting their views.
(b) The discussion on any matter before the Council should be confined to the specific issue involved and reading prepared speeches may be avoided.
(10) Report of the proceedings – (a) The Secretary shall cause to be prepared a report of the proceedings of the Council at each of its meetings in such form and manner as the Chairman may, from time to time direct.
(b) A copy of the report of the proceedings shall be forwarded as soon as possible to the Central Government, the Governments of the States and Union Territories together with a copy of the formal recommendations, if any, made by the Council.
(11) Record- The record to be maintained by the Secretariat shall consist of -
(i) The reference and all papers received under paragraph 1 for consideration of the matter
(ii) All papers considered by the Council, including minutes of the meetings held by the Secretary with officers and other authorities referred to in clause (a) of paragraph 15
(iii) The final decision of the Council
(iv) Reports, if any, regarding action taken on the recommendations of the Council.
(12) Press Briefing – At the conclusion of a meeting, if the Chairman so directs, an appropriate press note may be released to the press on the proceedings of the Council.
(13) Follow-up action – The Secretary shall evolve a system of monitoring the action taken on the recommendations of the Council by the Central Government, the Government of any State or Union Territory concerned. He shall, at appropriate stages, cause information in this regard to be made available to the Council.
(14) Residuary- All matters not provided for in this procedure and all questions relating to the conduct of the proceedings in the Council shall be regulated in such manner as the Chairman, may, from time to time, direct.
(15) Powers of the Secretary – For facilitating the work of the Council, including the preparation of papers for it, the Secretary of the Council shall have the power to –
(a) call for information or papers from, or hold discussions with, the officers of the Central Government or, as the case may be, of any State Government or Union Territory Administration or any other authorities or sources;
(b) issue instructions from time to time as to the manner of preparing the references to or the brief for the consideration of the Council and for the proper functioning the Secretariat of the Council,
(c) engage the services of institutions, experts or consultants on contract on such terms as may be approved by the Chairman.
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