MAHARASHTRA GOVERNMENT RULES OF BUSINESS

PREAMBLE

In exercise of the powers conferred by clauses (2) and (3) of Article 166(A. 166) of the Constitution of India and in supersession of all previous rules made in this behalf the Governor of Maharashtra is pleased to make the following Rules, namely:

Rule - 1.

These Rules may be called the Maharashtra Government Rules of Business.

Rule - 2.

In these Rules, unless the context otherwise requires

(a)      " Article " means an Article of the Constitution of India;

(b)      " Council " means the Council of Ministers constituted under Article 163; and

(c)      " Schedule " means the Schedule appended to these Rules.

Rule - 3.

The General Clauses Act, 1897, applies for the interpretation of these rules as it applies for the interpretation of a Central Act.

Rule - 4.

The Business of the Government shall be transacted in the Department specified in the First Schedule, and shall be classified and distributed between those Departments as laid down therein.

Rule - 5.

The Governor shall on the advice of the Chief Minister allot among the Ministers the business of the Government by assigning one or more Departments to the charge of a Minister:

Provided that nothing in this rule shall prevent the assigning of one Department to the charge of more than one Minister.

Rule - 6.

The Chief Minister and the Minister in consultation with the Chief Minister may allot to [1][a Minister of State or a Deputy Minister] any business appertaining a Department.

Rule - [6A.

When the Chief Minister is unable to discharge his functions owing to absence, illness or for any other cause, the Chief Minister may direct any other Minister to discharge all or any of his functions during his absence. When any Minister is likewise unable to discharge his functions, the Chief Minister may direct any other Minister to discharge all or any of the functions of the Ministers during the Minister's absence].[2]

Rule - 7.

Each Department of the Secretariat shall consist of the Secretary to the Government, who shall be the official head of that Department and of such other officers and servants subordinate to him as the State Government may determine:

Provided that

(a)      more than one Department may be placed in charge of the same Secretary;

(b)      the work of a Department may be divided between two or more Secretaries.

Rule - 8.

The Council shall be collectively responsible for all advice tendered to the Governor whether by an individual Minister or a matter appertaining his portfolio or as the result of discussion at a meeting of the Council or howsoever otherwise.

Rule - 9.

All cases referred to in the Second Schedule shall he brought before the Council

(i)       by the direction of the Governor under clause (c) of Article 167;

(ii)      by the direction of

(a)      the Chief Minister, or

(b)      the Minister-in-Charge of the case with the consent of the Chief Minister:

Provided that no case in regard to which the Finance Department is required to be consulted under rule 11 shall, save in exceptional circumstances under the directions of the Chief Minister, be discussed by the Council unless the Finance Minister has had opportunity for its consideration.

Rule - 10.

(1)     Without prejudice to the provision of rule 7, the Minister-in-charge of a Department shall be primarily responsible for the disposal of the business appertaining that Department.

(2)     [3][Every Minister, every Minister of State, every Deputy Minister] and every Secretary shall transmit to the Chief Minister all such information with respect to the business of the Government as the Chief Minister may from time to time require to be transmitted to him.

Rule - 11.

(1)     No Department shall without previous consultation with Finance Department authorise any orders (other than orders pursuant to any general delegation made by the Finance Department) which

(a)      either immediately or by their repercussion, will affect the finances of the State, or which, in particular

(i)       involve any grant of land or assignment of revenue or concession, grant, lease or licence of mineral or forest rights or a right to water power or any easement or privilege in respect of such concessions; or

(ii)      in any way involve any relinquishment of revenue;

(b)      relate to the number or grading or cadre of posts or the emoluments or other conditions of service or posts.

(2)     No proposal which requires the previous consultation of the Finance Department under sub-rule (1) but in which the Finance Department has not concurred, may be proceeded with unless a decision to that effect has been taken by the Council.

(3)     No reappropriation shall be made by any Department other than the Finance Department, except in accordance with such general delegation as the Finance Department may have made.

(4)     Except to the extent that power may have been delegated to the Departments under rules approved by the Finance Department, every order of an administrative Department conveying a sanction to be enforced in audit shall be communicated to the audit authorities by the Finance Department.

(5)     Nothing in this rule shall be construed as authorising any Department including the Finance Department, to make reappropriations from one grant specified in the Appropriation Act to another such grant.

Rule - 12.

All orders or instruments made or executed by or on behalf of the Government of the State shall be expressed to be made by or by order of, or executed in the name of the Governor.

Rule - 13.

Every order or instrument of the Government of the State shall be signed either by a Secretary, an Additional Secretary, a Joint Secretary, a Deputy Secretary, an Under Secretary or an Assistant Secretary or such other officer as may be specially empowered in that behalf and such signature shall be deemed to be the proper authentication of such order or instrument.

Rule - 14.

The Secretary of the Department concerned is in each case responsible for the careful observance of these rules and when he considers that there has been any material departure from them, he shall personally bring the matter to the notice of the Minister-in-Charge and the Chief Secretary.

Rule - 15.

These Rules may to such extent as necessary be supplemented by instructions to be issued by the Governor on the advice of the Chief Minister.

FIRST SCHEDULE

(See rule 4)

(1)     General Administration Department.

 

(2)     Home Department.

 

(3)     Revenue and Forests Department.

 

(4)     Agriculture and Co-operation Department.

 

(5)     [4][Education, Sports and Social Welfare Department].

 

(6)     Urban Development, Public Health [5][and Housing] Department.

 

(7)     Finance Department.

 

(8)     Buildings and Communications Department.

 

(9)     Irrigation and Power Department.

 

(10)   Law and Judiciary Department.

 

(11)   Industries and Labour Department.

 

(12)   Rural Development Department.

 

(13)   Food and Civil Supplies Department.

(1)    Subjects allotted to the General Administration Department

1. State Public Service Commission.

[6][2. All matters affecting the All India Services and posts thereunder including postings, transfers, promotions, deputations, grant of leave, etc., of and to such All India Service Officers.]

3. Safeguarding of the rights and legitimate interests of all establishments.

4. Classification and Recruitment Rules.

5. Measures to secure equality of opportunity for employment to all citizens of India and adequate representation to the backward classes in the Public Services.

6. Conduct, Discipline and Appeal Rules, including the Government Servants Conduct Rules.

[7][6A. Administration of the Maharashtra Essential Services Maintenance Ordinance, 1970 and the Maharashtra Essential Services Maintenance Act. (See entry 27 under Industries and Labour Department)]

7. Departmental and Regional language examinations for Government Servants.

8. Rules of Family Pension Funds including I.C.S. Family Pension Fund and Superior Services (India Family Pension Fund).

9. Rules of Provident Funds (including those relating to India Services).

10. Government Servants' Associations.

11. Appointments, postings, transfers, promotions, conduct, grant of leave, etc., of officers of the India and State Services.

12. Supply of clothing, uniforms, kamblis and umbrellas to Class IV employees.

13. Public Holidays.

14. Bombay Presidency War and Relief Fund.

15. Appointment and leave of the Governor.

16. Salaries and allowances of Ministers, [8][Ministers of State, Deputy Ministers] and Parliamentary Secretaries to the Ministers. (See also entry No. 1 under Law and Judiciary Department).

17. Secretariat Standing Orders, Government Records, Memorials, Rules regarding the disposal of complaints and representations, etc., from members of the public; official correspondence.

18. Arrangements for meetings of the Council of Ministers.

19. Appointment of the Sheriff of Bombay.

20. Expenditure in connection with the residences of the Governor (including works expenditure).

21. Appointment of High Court Judges.

[9][21A. Appointment of Justices of the Peace and the Honorary Magistrates. (See entry No. 22 under Home Department).]

22. Saranjams.

23. Upayanagar.

24. State Gazetteers, memoirs, etc.

25. Certificates of age and Nationality.

26. Allotment of office accomodation to Government offices in Greater Bombay, allotment of Government telephones in Greater Bombay and matters relating to the establishment of the Chief Minister, Ministers and Deputy Ministers.

27. Administration Reports.

28. Warrant of Precedence and Table of Precedence.

29. The Constitution of India.

30. Rules of Business and Instructions thereunder.

31. Foreign Affairs, entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions "with foreign countries; extradition.

[10][31A. Gifts received from CARE, INC or other organisations in the United States of America or from any other foreign countries.]

32. Ecclesiastical affairs, including European Cemeteries. (See entry No. 3 under the [11][Urban Development, Public Health and Housing Department] [12][and entry No. 13A under Rural Development Department]).

33. Posts and telegraphs, including telephones, but not including village telephone system, wireless and other like forms of communications, Post Office Savings Bank. (See also entry No. 12 under the Buildings and Communications Department and entry No. 39 under Home Department).

34. Union Agencies and institutions for professional, vocational or technical training or the promotion of special studies or research.

35. Zoological Survey of India. (See also entry No. 22 under Revenue and Forests Department).

36. Census.

37. Admission into and emigration and expulsion from India, foreign missionaries in India, pilgrimages to places outside India. (See also entry No. 2 under [13][Urban Development, Public Health and Housing Department]).

38. Major ports, that is to say, the declaration and delimitation of such ports and the constitution and powers of Port Authorities therein. (See also entry No. 2 under Buildings and Communications Department).

39. Naturalization.

40. Inter-State migration.

41. Preventive detention for reasons connected with defence, foreign affairs or the security of India; persons subjected to such detention.

42. Political Pensions.

43. Ceremonials, including receptions, etc., of illustrious personages, national dress, official mourning, etc.

44. Consular officers including appointments, leave, etc.

45. Passports and visas.

46. Extradition of foreigners.

47. Elections to the Parliament and to the Legislature of the State subject to the provisions of the Constitution and of any order made by law by Parliament.

48. Tourism.

49. Publicity, Rural Broadcasting and the Directorate of Publicity.

50. Airways, aircraft and air navigation; the provision of aerodromes, regulation and organisation of air traffic and of aerodromes, provision for aeronautical education and training and regulation of such education and training provided by the State and other agencies.

[14][51. Execution and maintenance, on behalf of the Central Government of works relating to Defence Projects located in the State of Maharashtra and budget and accounts connected with those works (See also entry No. 10 under the heading "(8) Subjects allotted to the Buildings and Communications Department)].

52. Official Languages and all matters pertaining thereto and the Directorate of Languages.

53. Hindi Examinations.

54. Relief and rehabilitation of migrants from East Pakistan. (See also entries Nos. 18, 19 and 20 under [15][Education, Sports and Social Welfare Department]).

[16][54A. Rehabilitation of persons displaced by Irrigation, Hydro-Electric and Multipurpose Projects, and Water Supply Projects.]

[17][54B. Writing off of decretal dues in respect of any subject allotted to the General Administration Department.]

55. Inquiries and Statistics for the purpose of any of the matters in this list.

56. Fees in respect of any of the matters in this list but not including fees taken in any Court.

57. Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the General Administration Department.

58. [18][* * * * * * *]

59. The Office of the Examiner of Books and Publications.

60. The sanctioning of cinematograph films for exhibition.

[19][60A. Exemption of any entertainment or class of entertainments from liability to entertainments duty. (See entry No. 11 under the Revenue and Forests Department).

60B. The responsibility of initiating and promoting the establishment of a new Film Centre.]

61. Broadcasting except rural broadcasting. (See also entry No. 33 above).

62. [20][* * *]

63. Matters pertaining to grant of motor cars, scooters and other mechanically propelled vehicles from Government quota. (See entry No. 12 under Home Department).

[21][64. Requisitioning of premises under the Bombay Land Requisition Act, 1948 (Bom. XXXIII of 1948).]

65. Allotment of residential accommodation to Government servants in Greater Bombay. (See entry No. 3 under Buildings and Communications Department).

[22][65A. Matters relating to the development of Trans-Thana and Trans-Harbour areas by a company including a subsidiary company within the meaning of the Companies Act, 1956, acting as agent of Government. (See Government Resolution, Industries and Labour Department, No. IDL. 5770/IND-I, dated the 18th March 1970).]

[23][66. Organising Marathi film festivals, judging the best films and giving awards.

67. Running of the two State owned theatres i.e. Ravindra Natya Mandir and Rang Bhavan and management of the Cowasjee Jehangir Hall, in Bombay and the Keshavrao Bhosale Natya Griha, in Kolhapur.

68. Organisation of Marathi Natya Mahotsava, Maharashtra Rajya Sangeet Mahotsava, Maharashtra Rajya Tamasha Mahotsava and Maharashtra Rajya Natya Mahotsava.

69. Grant-in-aid to various Kalapathaks and cultural institutions working in the cultural and recreational field.

70. Financial assistance to artists, dramatists, and personalities in the fields of music, art, etc., who are not able to maintain themselves due to old age or infirmity.

71. Financial assistance to artists and authors under the old and integrated scheme of the Government of India.

72. Tape recording of old and rare gramaphone records of old or deceased outstanding musicians in the fields of drama and music.

73. Selection of cultural troupes for sending to border areas for entertaining Jawans and receiving of Inter-State cultural troupes.

74. Grant-in-aid to dance, drama and music schools.

75. Work relating to foreign cultural delegations sponsored by the Government of India, Ministry of Education, and UNESCO bodies under the Education, Sports and Social Welfare Department.

76. Sending of dramatic troupes for participation in the national drama festivals.

77. Sending troupes of folk dances for participation in the Republic Day celebrations organised in New Delhi.]

[24][78.] Any subject not mentioned elsewhere in the First Schedule to the Rules of Business.

(2)    Subjects allotted to the Home Department.

1.        Public order.

 

2.        Police including Railway and Village Police.

 

3.        Prisons and persons detained therein, arrangements with other States for the use of prisons deportations of the Military convicts.

 

4.        (1) The Bombay Lotteries (Control and Tax) and Prize Competitions (Tax) Act, 1958.

(2) The Prize Competitions Act, 1955.

5.        Betting and Gambling.

 

6.        Offences against laws with respect to any of the matters in this list.

 

7.        Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons connected with the security of the State, the maintenance of public order, or the maintenance of supplies and services essential to the Community; persons subjected to such detention.

 

8.        Control, transport, storage, production, refining and blending of Petroleum and other inflammable substances under the Petroleum Act, 1934; Carbide and Calcium Rules. (See also entry No. 4 under Industries and Labour Department).

 

9.        The Poisons Act, 1919. (See also entry No. 24 of this list).

 

10.     Prevention of cruelty to animals.

 

11.     Vagrancy, nomadic and migratory tribes.

 

12.     [25][Vehicles including mechanically propelled vehicles, motor vehicles and public conveyances (excluding matters pertaining to grant of motor cars, scooters and other mechanically propelled vehicles from Government quota), Road Transport Services. (See also entry No. 2 under Buildings and Communications Department and entry No. 63 under General Administration Department)] [26][and entry 5A under Rural Development Department.]

 

13.     Taxes on vehicles, suitable for use on roads, whether mechanically propelled or not. (See also entry No. 27 under Revenue and Forests Department).

 

14.     Taxes on goods and passengers carried by road.

 

15.     Pounds and prevention of cattle trespass including cattle pounds in Greater Bombay.

 

16.     Criminal Lunatics. (See also entry No. 30 under [27][Urban Development, Public Health and Housing Department].)

 

17.     Process serving on convicts and lunatics.

 

18.     Explosives.

 

19.     Exhumations, missing persons, estate of deceased persons.

 

20.     Administration of borstal schools and institutions. (See also entry No. 37 under [28][Education, Sports and Social Welfare Department].)

 

21.     Arms, firearms and ammunitions.

 

22.     [29][Grant of or withdrawal of magisterial powers of executive Magistrate. (See entry No. 21A under General Administration Department).]

 

23.     Examination of clauses of all Bills relating to imposition by legislation of punishments by fine, penalty or imprisonment, for enforcing any law of the State.

 

24.     Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, drugs (including dangerous drugs) and poisons, subject to the provisions of entry 59 in list I in the Seventh Schedule to the Constitution of India with respect to opium. Prohibition of use of intoxicating liquors and drugs for purposes of consumption. (See also entry No. 9 of this list).

 

25.     Bombay Drugs (Control) Act, 1959.

 

26.     Emergency Relief Organisations. (See also entry No. 5 under Revenue and Forests Department and entry No. 20 under Buildings and Communications Department).

 

27.     Coroners.

 

28.     [30][* * * * * *]

 

29.     [31][* * * * * *]

 

30.     Naval, Military and Air Forces and any other armed forces of the Union, Central Bureau of Intelligence and investigation including.

(i)       Internal security and Defence of India (Naval, Military or Air), Matters bearing on Internal Security (including the use of Naval, Military or Air Forces in aid of civil powers).

 

(ii)      Auxiliary and Indian Territorial Forces.

 

(iii)     Promotion of Officers of the Indian Land Forces.

 

(iv)    Recruitment and Transport of troops.

 

(v)      Other miscellaneous military matters.

 

31.     Confidential and Secret Codes.

 

32.     [32][Newspapers, books and printing process (including the Press and Registration of Books Act, 1867, and other legislation dealing with printed matters) (See also entry No. 11 under Education, Sports and Social Welfare Department and entry No. 8 under Industries and Labour Department).]

 

33.     [33][* * * * * *]

 

34.     Theatres, dramatic performances and cinemas (except encouragement of the production and distribution of Indian films and the exhibition and use of educational, scientific and recreational films); licensing and controlling entertainments and amusements. (See also entries Nos. 9 and 41 under 24[Education, Sports and Social Welfare Department]).

 

35.     [34][* * * * * *]

 

36.     Preventive detention for reasons connected with the security of a State, the maintenance of Public order or the maintenance of supplies and services essential to the community persons subjected to such detention including

 

(i)       All offences against the State including the Seditious Meetings Act and the Criminal Law Amendment Act of 1908.

 

(ii)      Political Intelligence.

 

(iii)     Political and Communal agitations and subversive movements and preventive measures to deal with them.

 

(iv)    Unusual occurrences, inter-communal relations, riots, disturbances. (See also entry No. 1 of this list.)

 

37.     Censorship

(Postal)

(Telegraph)

(Press)

(Telephone)

(Broadcasting)

38.     Resettlement of Ex-Servicemen.

 

39.     [35][Writing off of decretal dues in respect of any subject allotted to the Home Department].

 

40.     [36][* * * * * *]

41.     Inquiries and statistics for the purpose of any of the matters in this list.

 

42.     Fees in respect of any of the matters in this list but not including fees taken in any Court.

 

43.     Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Home Department.

(3)    Subjects allotted to the Revenue and Forests Department:

1.        Courts of Appeal in revenue cases. (See also entry No. 18 under Law and Judiciary Department).

 

2.        Acquisition or requisitioning of property; principles on which compensation for property acquired or requisitioned for the purposes of the State or for any other public purpose is to be determined, and the form and manner in which such compensation is to be given.

 

3.        Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenants and collection of rents; transfers and alienation of agricultural lands; ceiling on agricultural lands; agricultural loans; courts of wards; encumbered and attached estates, treasure trove.

 

4.        Scarcity Relief and preventive measures against food scarcity.

 

5.        Relief on account of fire, flood and other natural or general calamities etc. (See also entry No. 26 under Home Department and entry No. 20 under Buildings and Communications Department).

 

6.        Land Revenue, including the assessment and collection of revenue the maintenance of land records, survey for revenue purposes and records of rights and alienation of revenue.

 

7.        Duties of excise on the following goods manufactured or produced in the State and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India.

(a)      Alcoholic liquors for human consumption.

 

(b)      Medicinal and toilet preparations containing alcohol.

 

(c)      Opium, Indian hemp and other narcotic drugs and narcotics.

 

8.        State taxes on lands and buildings excluding taxes levied by local self-governing bodies.

 

9.        Duties in respect of succession to agricultural land.

 

10.     Taxes on mineral rights, subject to any limitations imposed by Parliament by law relating to mineral development. (See entry No. 3 under the Industries and Labour Department).

 

11.     Taxes on luxuries including taxes on entertainments, amusements, betting and gambling [37][but not including exemption of any entertainment or class of entertainments from liability to entertainments duty. (See entry No. 60A, under the General Administration Department).

 

12.     The rates of stamp duty in respect of documents other than those specified in the provisions of list I in the Seventh Schedule to the Constitution of India with regard to rates of stamp duty.

 

13.     Transfer of property other than agricultural land; registration of deeds and documents.

 

14.     Stamp duties other than duties or fees collected by means of judicial stamps but not including rates of stamp duty. Stamps, judicial and non-judicial and the duties collected thereby. (See also entry No. 18 under Law and Judiciary Department).

 

15.     Land Development outside municipal limits.

 

16.     Territorial changes within the State.

 

17.     Mamlatdar's Court Act.

 

18.     Tobacco Duty.

 

19.     Capitation taxes, taxes on professions, trades, calling and employment, on animals and boats, taxes on advertisements other than advertisements published in newspapers. (See also entry No. 6 under the [38][Urban Development, Public Health and Housing Department] and entry No. 6 under Rural Development Department).

 

20.     Forced Labour (Impressment of Carts).

 

21.     Territorial changes other than those within the State.

 

22.     The survey of India. (See also entry No. 35 under General Administration Department).

 

23.     Opium, so far as regards cultivation and manufacture, or sale for export.

 

24.     Boundary disputes involving other States.

 

25.     Salt.

[39][25A. Administration of the Bombay Minor Mineral Extraction Rules, 1955 and rules corresponding thereto in force in the Hyderabad and Vidarbha areas of the State of Maharashtra.]

26.     Lands of the Central Government. (See also entry No. 7 under Buildings and Communications Department).

 

27.     Taxes on tram-cars. (See also entry No. 13 under Home Department).

 

28.     Tax on urban immovable property.

 

29.     Religious and other societies and institutions excluding those in entry No. 17 under the Law and Judiciary Department.

 

30.     Purchase of surplus military hutments.

 

31.     Field Firing and Artillery Practices.

 

32.     Waqfs, religious and charitable institutions managed under Government. (See entry No. 17 under the Law and Judiciary Department).

 

33.     [40][Accommodation, continuance of lands and buildings, and their acquisition under the Requisitioning and Acquisition of Immovable Property Act, 1952. [41][* * * * *]

 

34.     Requisition of land under the Bombay Land Requisition Act, 1948.

 

35.     Excise agreements with the State in India.

 

36.     Power Alcohol.

 

37.     Consolidation of holdings.

 

38.     Procedure in rent and revenue Courts (except procedure in Courts of appeal in revenue matters). (See also entry No. 1 of this list and entry No. 18 under Law and Judiciary Department).

 

39.     Forests.

 

40.     National Parks. (See also entry No. 11 under Buildings and Communications Department).

 

41.     Vanamahotsava.

 

42.     Protection of wild birds and wild animals.

 

43.     Education cess.

[42][43A. Writing off of decretal dues in respect of any subject allotted to the Revenue and Forests Department.]

44.     Inquiries and statistics for the purpose of any of the matters in this list.

 

45.     Fees in respect of any of the matters in this list but not including fees taken in any Court.

 

46.     Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Revenue and Forests Department.

 

(4)    Subjects allotted to the Agriculture and Co-operation Department.

1.        Agriculture including agricultural extension, agricultural engineering, agricultural statistics, crop protection from pests and diseases, agricultural research, agricultural education except agricultural education in primary and secondary schools, animal husbandry including dairy and livestock improvements, veterinary science, veterinary education and prevention of animal diseases. Agricultural Colonisation. (See also entry No. 3 under the [43][Education, Sports and Social Welfare Department]).

 

2.        Khar Lands.

 

3.        Protection of crops from wild animals.

 

4.        The prevention of the extension from one unit to another of infectious or contagious diseases or pests affecting animals or plants. (See also entry No. 31 under [44][Urban Development, Public Health and Housing Department]).

 

5.        Lift irrigation, well irrigation and boring. (See also entry No. 1 under Irrigation and Power Department).

 

6.        Botanical Survey of India.

 

7.        Land improvement by mechanical cultivation and soil conservation.

 

8.        Manure and fertilizers, including Trading Schemes.

 

9.        Supply of Iron, Steel and Cement for agricultural purposes. (See also entry No. 10 under Industries and Labour Department and entry No. 6 under Food and Civil Supplies Department).

[45][9A. Distribution of light diesel oil for agricultural purposes and price control of light diesel oil under the Essential Commodities Act, 1955 (10 of 1955) (See also entry 22 under Industries and Labour Department).]

10.     Control of fruit products.

 

11.     Milk schemes (urban and mofussil).

 

12.     Fisheries (including fishing rights).

[46][12A. Fitness of animals tendered for slaughter; and maintenance of statistics regarding animals slaughtered in slaughter houses (See also entry No. [47]A under Urban Development, Public Health and Housing Department; and entry No. 2A under Rural Development Department).]

13.     Fixational of sugarcane prices.

 

14.     Industrial Co-operatives i.e. industries organised on co-operative basis. (See also entry No. 16 under Industries and Labour Department).

 

15.     Maharashtra Co-operative Societies Act, 1960.

 

16.     Consumers's Stores.

 

17.     [48][* * * * * *]

18.     The Maharashtra Co-operative Housing Finance Society Ltd., Bombay.

19.     Co-operative Societies for Processing, Farming, Lift Irrigation, Dairies, Fisheries, Consumers, etc.

 

20.     The Bombay Agricultural Debtors Relief Act, 1947.

 

21.     The Hyderabad Agricultural Debtors Relief Act, 1956.

 

22.     Markets and Fairs excluding Public Health and Sanitation.

 

23.     Marketing Intelligence and Research, and Co-ordinated Market News Services.

 

24.     Grading and Marking.

 

25.     The Bombay Money Lenders Act, 1946.

 

26.     Grain Depots.

 

27.     Godowns of Co-operative Marketing Societies.

 

28.     Warehousing Act.

 

29.     Co-operative Sugar Factories. (See also entry No. 15 under Industries and Labour Department).

 

30.     Forest Labourers and Labour Contract Societies.

 

31.     Agriculture Produce Marketing Act.

 

32.     Sarvodaya Schemes.

 

33.     Handloom and Industrial Co-operatives.

[49][33A. Writing off decretal dues in respect of any subject allotted to the Agriculture and Co-operation Department.]

34.     Inquiries and statistics for the purpose of any of the matters in this list.

 

35.     Fees in respect of any of the matters in this list but not including fees taken in any Court.

 

36.     Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Agriculture and Co-operation Department.

 

(5)    Subjects allotted to the [50][Education, Sports and Social Welfare Department]

1.    Education including University Education, Technical Education, Religious Education, Anglo-Indian Education [51][agricultural education in primary and secondary schools, physical education at primary, secondary and collegiate stages of education, and physical education for non-student youths and adults] but excluding agricultural education allotted to the Agriculture and Co-operation Department. (See also entry No. 1 under Agriculture and Co-operation Department).

[52][1A. Training of teachers in physical education, sports and recreation.

1B. Physical fitness programme and fitness tests.]

2. Educational Endowment Funds.

3. Art-Education including education in Applied Art and Architecture.

4. Vocational and technical training of Labour.

5. Accelerated Short Term Training Course in Engineering Trades and Training of Wireless Operators and Radio Mechanics.

6. Government Printing School.

7. Libraries, museums and other similar institutions controlled or financed by the State, Registration of Libraries.

8. Archaeological, Historical Monuments.

9. Encouragement of the production and distribution of Indian films and exhibition and use of educational and scientific films. (See also entry No. 34 under Home Department).

10. Copyright.

[53][11. Matters pertaining to Newspapers and Books in so far as they relate closely to the subject "Education" (See also [54][entry No. 32 under Home Department] and entry No. 8 under Industries and Labour Department).]

12. Literary and scientific associations, universities.

13. Ancient and historical monuments, records, manuscripts and archaeological sites and remains other than those declared by Parliament by law to be of national importance. (See also entry No. 4 under Buildings and Communications Department).

14. School and College competitions in histrionics and dramaturgy.

15. Scheme for the training of primary school teachers in dramatics.

16. [55][* * * * * *]

17. Auxiliary and National Cadet Crops. (See also entry No. 39 of this list).

18. Housing schemes, townships and colonies for displaced persons from West Pakistan and their rehabilitation. (See also entry No. 54 under General Administration Department).

19. Provision of work and training facilities to displaced persons from West Pakistan. (See also entry No. 54 under General Administration Department).

20. Administration of the Evacuee Property Act, Evacuee Interest (Separation) Act, Bombay Refugees Act, Bombay Displaced Persons Premises, Control and Regulation Act, 1952.

21. Matters pertaining to grant of compensation to displaced persons and Displaced Persons (Compensation and Rehabilitation) Act, 1954.

22. Administrative machinery for Backward Class, Social and Tribal Welfare.

22A [56][* * * * * *]

23. Co-ordination of welfare work relating to the Backward Classes including the Scheduled Castes, Scheduled Tribes, Vimukta Jatis, Nomadic Tribes and other Backward Classes.

24. Co-ordination of work relating to the administration of Scheduled Areas.

25. Tribes Advisory Council and Backward Class Board.

26. Administration of the Untouchability (Offences) Act, 1955.

27. Administration of the Hindu Places of Public Worship Entry (Authorisation) Act, 1956.

28. Grant under Article 275 (1) of the Constitution and other grants sanctioned by the Central Government for Backward Classes.

29. Backward Class Hostels.

30. Maintenance and care of displaced unattached women and children, the aged and the infirm, including setting up of homes and infirmaries for them.

31. Urban loans scheme and Burma Evacuee advances.

32. Training for and research in social work, including socio-economic surveys.

33. Co-ordination of social work activities.

34. Institutions for beggars including the administration of the Beggars Act and Rules, release of detained beggars, permits for begging, etc.

35. After-care programme for released adult prisoners, work-houses, Salvation Army House (Reformatory), Prisoners' Aid Societies.

36. Rescue homes and rescue work.

37. Reformatory schools but not Borstal institutions. (See also entry No. 20 under the Home Department).

38. Problems relating to the blind, the deaf and dumb and the mentally retarded.

[57][39. Youth Welfare and Youth Service, excluding Auxiliary and National Cadet Corps. (See also entry No. 17 of this list).]

40. Juvenile delinquency and after-care for juveniles.

[58][41. Sports, recreation and leisure time activities.]

42. Suppression of Immoral Traffic in Women and Girls Act, 1958.

43. Women's and Children's Institutions (Licensing) Act, 1956.

44. Bharat Sevak Samaj.

45. All matters connected with the activities of the Central and State Social Welfare Boards.

[59][45A. Writing off of decretal dues in respect of any subject allotted to the [60][Education, Sport and Social Welfare Department].

46. Inquiries and statistics for the purpose of any of the matters in this list.

47. Fees in respect of any of the matters in this list but not including fees taken in any Court.

48. Works, lands and buildings vested in and in the possession of Government for the purposes of the State and assigned to the [61][Education, Sports and Social Welfare Department.]

[62][49. Incentive awards to Yuvak Mandate and Rural Youth Clubs.

50. Physical education and sports for non-student youths and adults.

51. Development of organisations for games, sports, recreation, etc.

52. Promotional literature pertaining to physical education, sports, recreation and health education, and encouraging research in all such activities.

53. The Sports Advisory Council together with its functions of co-ordination of activities carried out by gymnasia, Akhadas, sports organisations and sports clubs and encouragement to these bodies by way of grant-in-aid.

54. The responsibility for construction and management of sports stadia.

55. Encouragement to activities such as camping, hiking, mountaineering, acquatics, conducting of tournaments, organisation of sports festivals, games, sports and recreation.

56. The administration and management of Maidans in Greater Bombay such as Oval Maidan, Cross Maidan and Azad Maidan.

57. National Sports Fund.]

[63][58.] All work pertaining to social welfare which is not specifically allotted to any other Department.

(6)    Subjects allotted to the [64][Urban Development, Public Health and Housing Department]

I-A. Urban Development proper

1. Local Government, that is to say, the constitution and power of Municipal Corporations, Municipalities, Borough Municipalities, Cantonments, and Notified Areas Committees, Improvement Trusts, Mining Settlement Authorities for the purpose of Local Self-Government in Urban areas [65][(including Fire-Fighting Services in Urban areas)].

2. Pilgrimages other than pilgrimages to places outside India. (See also entry No. 37 under General Administration Department).

[66][3. Burials and burial grounds and cremation and cremation grounds in urban areas. (See also entry No. 32 under General Administration Department and entry No. 13A under Rural Development Department).]

4. Local Self-Government in cantonment areas, the regulation of house accommodation (including the control of rents) in such areas and within India, the delimitation of such areas [67][including fire fighting services in Cantonment areas] (except appointment of Judicial Officers [68][* * *] in Cantonments).

5. Inns and Inn-Keepers.

6. Capitation Taxes, Taxes on profession, trades, calling and employments, on animals and boats, taxes on the sale or purchase of goods other than newspapers, on advertisements other than advertisements published in newspapers and so far as they are levied by Urban Local Authority. (See also entry No. 19 under Revenue and Forests Department and entry No. 6 under Rural Development Department).

7. Cesses on the entry of goods into an Urban local area for consumption, use or sale therein. (See also entry No. 7 under Rural Development Department).

8. Town Planning Schemes.

9. The Town Planning and Valuation Department.

10. Government water works and Municipal water supply, drainage, and other sanitation schemes in urban areas.

Administration of loans from the Government of India for water supply schemes. (See also entry No. 2 under the Rural Development Department and entry No. 19 under the Industries and Labour Department).

11. Taxes on lands and buildings (so far as they are levied by Urban, Local Self-Governing bodies). (See also entry No. 8 under Rural Development Department).

12. Terminal taxes on goods or passengers carried by Railways, sea or air, taxes on railway fares and freights (so far as urban local bodies are concerned). (See also entry No. 9 under Rural Development Department).

13. Local Government at Urban hill stations (where there are Municipal Committees) including appointment of Superintendents at such stations.

[69][14. Development of Greater Bombay and Reclamation Projects therein, except work relating to Thana Creek Bridge and Bombay Road Development Plan. (See also entry No. 2-A, under Buildings and Communications Department).]

15. Inquiries and statistics for the purpose of any of the matters in this list.

16. Fees in respect of any of the matters in this list but not including fees taken in any Court.

17. Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the [70][Urban Development, Public Health and Housing Department] in connection with Urban Development.

I-B. Housing.

18. Housing Boards.

19. Housing, including land acquisition development schemes, industrial housing and aid to Co-operative Housing, slum clearance, grant of assistance to urban local bodies and cantonments under the low income group housing schemes, and Sweepers' Housing, work of management of B.D.D. Chawls. Middle and Low Income Group Housing Schemes in their application to individuals Co-operative Societies, Institutions etc. [71][* * * *]

[72][19A. Backward Class Co-operative Housing Scheme (P.W.R. Scheme No. 219).

19B. Rural Housing Schemes.

19C. Housing Schemes on extended Gaothan sites.]

20. Rent Act.

21. Subsidized Industrial Housing Scheme so far as it relates to Co-operative Housing Societies of Industrial workers and employees.

22. Government Premises Eviction Act.

[73][22A. Writing off of decretal dues in respect of any subject allotted to the Urban Development, Public Health and Housing Department.]

23. Inquiries and statistics for the purpose of any of the matters in this list.

24. Fees in respect of any of the matters in this list but not including fees taken in any Court.

25. Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the [74][Urban Development, Public Health and Housing Department] in connection with Housing.

26. Public Health, sanitation and research, hospitals and dispensaries (medical education), Registration of births, deaths and marriages. (See also entry No. 23 under Law and Judiciary Department).

[75][26A. Construction, maintenance and control of slaughter houses in urban areas. (See also entry No. 12A under Agriculture and Co-operation Department and entry No. 2A under Rural Development Department).]

27. Adulteration of foodstuffs and other goods.

28. Medical, Nursing, Pharmacy and Dental professions.

29. Directorate of Drugs Control Administration. Drugs Act, 1940; Drug and Magic Remedies (Objectionable Advertisements) Act, 1954; Pharmacy Act, 1948.

30. Relief of the disabled and unemployable. Lunacy and mental deficiency including places for the reception or treatment of lunatics and mentally deficient persons (except criminal lunatics). (See also entry No. 16 under Home Department).

31. The prevention of the extension from one unit to another of infectious or contagious diseases or pests affecting men. (See also entry No. 4 under Agriculture and Co-operation Department).

32. Port Quarantine; seamen's and marine hospitals and hospitals connected with port quarantine.

33. Employees' State Insurance Scheme (Medical Benefits). (See also entry No. 33 under Industries and Labour Department).

34. Inquiries and statistics for the purpose of any of the matters in this List.

35. Fees in respect of any of the matters in this list but not including fees taken in any Court.

36. Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the [76][Urban Development, Public Health and Housing Department] in connection with Health.

(7)    Subject allotted to the Finance Department:

1.        Debt including public debt of the State; public and other securities; investment of deposits.

 

2.        Financial resources.

 

3.        Audit.

 

4.        TaxationCentral and State excluding taxation by Local Self-Governing bodies.

 

5.        State budget preparation; estimates and grants, money bills, appropriation bill and law relating to the Consolidated and Contingency Funds of the State.

 

6.        Appropriation reports and Finance accounts.

 

7.        Discretionary and quinquennial contract grants.

 

8.        Directorate of Accounts and Treasuries.

 

9.        Delegation of financial powers.

 

10.     Loans to Municipal Corporations.

 

11.     The Bombay Sugarcane Cess Act, 1948.

 

12.     Pay, allowances, pensions, other financial conditions of services and cadre strengths, subject to items 2 and 3 in the list of the General Administration Department.

 

13.     Stock exchanges and future markets.

 

14.     Currency, coinage and legal tender (Mints).

 

15.     Import and export across customs frontiers as defined by the Union Government.

 

16.     Newspaper advertisements tax.

 

17.     Incorporation, regulation and winding up of Corporations other than those specified in list 1 in the Seventh Schedule to the Constitution of India.

 

18.     [77][Trade and Commerce (financial aspects) and trading associations, excepts administration of the Indian Partnership Act, 1932 and the Bombay Non-trading Corporations Act, 1959. (See also entry 5-A under Industries and Labour Department).]

 

19.     Banking.

 

20.     Central Government excise duties.

 

21.     (a) Sales Tax Laws.

(b) Sugarcane Cess/Purchase Tax.

(c) Agricultural Income Tax.

(d) Finance Act.

22.     Small Savings movement.

 

23.     Directorate of Bureau of Economics and Statistics.

[78][23A. Writing off of decretal dues in respect of any subject allotted to the Finance Department.]

[79][23B. Employment and the unemployment.]

24.     Inquiries and statistics for the purpose of any of the matters in this list.

 

25.     Fees in respect of any of the matters in this list but not including fees taken in any Court.

 

26.     Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Finance Department.

 

27.     Any other matters affecting the finances of the State.

Economic Affairs and Planning

28.     All matters pertaining to general principles and policies regarding socioeconomic planning.

 

29.     Preparation of the Five-Year Plan for the State and for the District.

 

30.     Development programmes and periodical progress reports on schemes included in the Plan.

 

31.     General principles relating to financing the Plan and Central assistance for schemes included in the Plan.

 

32.     Foreign technical assistance.

 

33.     Co-ordination of development activities.

 

34.     Statistics relating to planning.

 

(8)    Subjects allotted to the Buildings and Communications Department:

1.        Works, lands and buildings vested in or in the possession of Government for the purposes of the State other than those assigned to any other Department.

2.        Communications, that is to say, roads, bridges, ferries and other means of communication not specified in List I in the Seventh Schedule to the Constitution of India, minor railways subject to the provisions of List I with respect to such railways, municipal tramways; ropeways; inland water ways and traffic thereon subject to the provisions of List I and List III in the Seventh Schedule to the Constitution of India with regard to such water ways. Ports other than those declared by or under law made by Parliament or existing law to be major ports. (See also entries No. 38 under General Administration Department, [80][No. 12 under Home Department and No. 5A under Rural Development Department]).

Suburban Trunk Roads.

Work relating to Thana Creek Bridge.

[81][2A. Bombay Road Development Plan (See also entry No. 14 under Urban Development, Public Health and Housing Department).]

[82][3. Housing for Government servants excluding allotment of residential accommodation to Government servants in Greater Bombay. (See entry No. 65 under General Administration Department).]

4. Historical monuments except so far as they fall under entry No. 67 in List I in the Seventh Schedule to the Constitution. (See also entry No. 13 under [83][Education, Sports and Social Welfare Department].)

5. All works expenditure of the residences of the Governor under "50, Civil Works".

6. Works in connection with Industrial and Land Schemes.

7. Works, lands and buildings vested in, or in the possession of Government for the purpose of the Union (including Naval, Military and Air Forces Works). (See also entry No. 26 under Revenue and Forests Department).

8. Railways.

9. Budgets and accounts under:(a) Roads and Buildings heads, (b) Bombay Development Schemes heads.

[84][10. Execution and maintenance, on behalf of the Central Government, of such works (not being works relating to Defence Projects), debitable partly or wholly to Central Revenues as may be entrusted to the Government of Maharashtra as the agent of that Government and budget and accounts connected with those works, if any. (See also entry No. 51 under the heading "(1) Subjects allotted to the General Administration Department").]

11. Parks and Gardens (excluding National Parks). (See also entry No. 40 under Revenue and Forests Department).

12. Village telephone system. (See also entry No. 33 under General Administration Department).

13. Development of Hill Stations and Holiday Camps.

14. Light houses including lightships, beacons and other provisions for the safety of shipping and aircraft.

15. Construction and maintenance of electrical installations in Government Buildings. (See also entry No. 23 under the Industries and Labour Department).

16. Dues of passengers and goods carried on inland waterways.

17. Tolls.

18. Shipping and navigation on inland waterways as regards mechanically propelled vessels and the rule of the road on such waterways; carriage of passengers and goods on inland waterways subject to the provisions of List I in the Seventh Schedule to the Constitution of India with respect to national waterways.

19. Maritime shipping and navigation including shipping and navigation on tidal water; provision of education and training for the merchantile marine and regulation of such education and training provided by the State; Inland Steam Vessels Act.

20. Construction of relief works like roads, buildings, etc. as a result of natural calamities. (See also entry No. 26 under Home Department and entry No. 5 under Revenue and Forests Department).

[85][20A. Writing off of decretal dues in respect of any subject allotted to the Buildings and Communications Department.]

21. Inquiries and statistics for the purpose of any of the matters in this list.

22. Fees in respect of any of the matters in this list, but not including fees taken in any Court.

23. Works, lands and buildings vested in, or in the possession of Government, for the purposes of the State and assigned to the Buildings and Communications Department.

(9)    Subjects allotted to the Irrigation and Power Department:

1.        Irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of List I in the Seventh Schedule to the Constitution of India.

Tube wells for irrigation purposes. (See also entry No. 5 under Agriculture and Co-operation Department).

2.        Investigation, preparation and execution of irrigation, Hydro-Electric and Multipurpose Projects. (See also entry No. 23 under Industries and Labour Department).

 

3.        Preparation, execution and operation of projects for water supply and drainage, when required to be done by Government agency.

 

4.        Budgets and accounts under (a) Irrigation heads, (b) Hydro-Electric Project heads, (c) Public Health Engineering Establishment under Public Health's Head ("30, Public Health ").

 

5.        Execution and maintenance on behalf of the Central Government of such works debitable to Central Revenues as may be entrusted to the Government of Maharashtra as the agent of that Government and budgets and accounts connected with those works, if any, so far as Irrigation and Power Department is concerned.

 

6.        Management of completed Irrigation Projects including water distribution and control over notified water resources, sanction to irrigation blocks, recovery of advance water charges, etc.

 

7.        Administration of Irrigation Acts.

 

8.        Administration of Betterment levy.

 

9.        Levy of irrigation cess on areas commanded by projects.

 

10.     Flood Control Works.

 

11.     Administration of loans from Government of India for Irrigation, Hydro-Electric and Multipurpose Projects, and Flood Control Works Schemes.

 

12.     [86][* * * * *]

 

13.     Preparation and Execution of Drainage Schemes for improvement of waterlogged areas.

 

14.     Tank-bed Lands.

 

15.     Research in Engineering.

 

16.     Inter-State River Water Disputes.

 

17.     Aerial and Geological Surveys in connection with Irrigation, Hydro-Electric and Multipurpose Projects.

 

18.     Meteorological Organisations and Observatories.

[87][18A. Writing off of decretal dues in respect of any subject allotted to the Irrigation and Power Department.]

19.     Inquiries and statistics for the purpose of any of the matters in this list.

 

20.     Fees in respect of any of the matters in this list, but not including fees taken in any court.

 

21.     Works, lands and buildings vested in or in the possession of Government, for the purposes of the State and assigned to the Irrigation and Power Department.

 

(10)  Subjects allotted to the Law and Judiciary Department:

1.        Salaries and allowances of members of the Legislature of the State, of the Speaker and Deputy Speaker of the Legislative Assembly and of the Chairman and Deputy Chairman of the Legislative Council, Powers, Privileges and Immunities of the Legislature of the State and of the Members and Committees thereof; enforcement of attendance of persons for giving evidence or producing documents before committees of the Legislature of the State. (See entry No. 16 under General Administration Department).

2.        Drafting and other technical matters relating to legislation in the Legislature of the State in regard to State subjects and concurrent subjects.

 

3.        Matters connected with the Legislature of the State.

 

4.        Appointments, remuneration, etc. of Public Prosecutors.

 

5.        Conduct of Civil Litigation to which Government is a party and appointment and remuneration of State Law Officers, Government Pleaders and Special Counsels.

 

6.        Removal of the disqualifications for membership of the Legislature of the State.

 

7.        Rules of the Procedure of the Legislature of the State.

 

8.        [88][Writing off of decretal dues in respect of any subject allotted to the Law and Judiciary Department.]

 

9.        Appeals against acquittals and applications to enhance sentences.

 

10.     Matters connected with the Parliament.

 

11.     Admiralty jurisdiction.

 

12.     Suits and Summons.

 

13.     Legal Profession.

 

14.     Revision of Law and Judiciary Department compilations and reprinting of Acts and local rules and orders.

 

15.     Administration of the Societies Registration Act, literary, scientific, religious and other societies and associations.

 

16.     Administration of Notaries Act, 1952.

 

17.     Administration of the Bombay Public Trusts Act; charities and charitable religious institutions and endowments other than those covered by entries No. 29 and No. 32 under the Revenue and Forests Department. (See also entry No. 25 of this List).

 

18.     The Administration of justice; constitution and organisation of all Courts except the Supreme Court and the High Court; Officers and servants of the High Court; levy of court-fees in all Courts other than the Supreme Court, including principals regarding levy and legislation, but excluding the administration and enforcement of the laws relating to court-fees. (See also entries Nos. 1, 14, 38 under Revenue and Forests Department).

 

19.     Criminal Law including all matters included in the Indian Penal Code at the commencement of the Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II in the Seventh Schedule to the Constitution of India and excluding the use of naval, military and air forces and any other armed forces of the Union in aid of the Civil power.

 

20.     Criminal Procedure including all matters included in the Code of Criminal Procedure at the commencement of the Constitution.

 

21.     Civil Procedure including all matters included in the Code of Civil Procedure at the commencement of the Constitution; the recovery in a State of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such arising outside that State.

 

22.     Evidence and Oaths; recognition of Laws; public acts and records and judicial proceedings; provincial law reports.

 

23.     Marriage and divorce, infants and minors; adoption (except registration of marriages). (See also entry No. 26 under Urban Development, Public Health and Housing Department).

 

24.     Wills, intestacy and succession, save as regards agricultural land; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of the Constitution subject to their personal law.

 

25.     Trust and Trustees other than those covered by entry No. 32 under the Revenue and Forests Department and by entry No. 17 of this List.

[89][25A. Administrators-General and Official Trustees.]

26.     Contracts including partnership, agency, contracts of carriage and other special forms of contracts, but not including contracts relating to agricultural land.

 

27.     Arbitration.

 

28.     Bankruptcy and insolvency.

 

29.     Actionable wrongs.

 

30.     Jurisdiction and powers of all courts, except the Supreme Court.

 

31.     Pauper Costs.

 

32.     Inquiries and statistics for the purpose of any of the matters in this list.

 

33.     Fees in respect of any of the matters in this list:

 

34.     Works, lands, and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Law and Judiciary Department.

(11) Subjects allotted to the Industries and Labour Department:

1.        Inventions, Patents, Designs, Trade Marks and Merchandise Marks.

 

2.        The Geological Surveys.

 

3.        Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Central Government is declared by Parliament by law to be expedient in the public interest. (See also entry No. 10 under the Revenue and Forests Department).

 

4.        Regulation of the grant of exploration licences and mining leases in respect of petroleum and natural gas and conservation and development thereof under the Oil Fields (Regulation and Development) Act, 1948 and the Petroleum and Natural Gas Act, 1959. (See also entry No. 8 under Home Department).

 

5.        Trade and commerce within the State and production, supply and distribution of goods, and products of industries other than rural industries subject to the provisions in List III in the Seventh Schedule to the Constitution of India.

[90][5A. Administration of the Indian Partnership Act, 1932 and the Bombay Non-trading Corporations Act, 1959 (See also entry 18 under Finance Department).]

6.        Stores.

 

7.        Weights and Measures.

 

8.        [91][Government Printing Presses, Stationery and Official Publications (See also [92][entry No. 32 under Home Department] and entry No. 11 under [93][Education, Sports and Social Welfare Department).]

 

9.        Gas and Gas Works, Administration of the Bombay Gas Supply Act, 1939.

 

10.     Supply of Iron, Steel and Cement for industrial development (See also entry No. 9 under Agriculture and Co-operation Department and entry No. 6 under Food and Civil Supplies Department).

 

11.     Control of building materials and building construction for industrial undertaking. (See also entry No. 7 under Food and Civil Supplies Department).

 

12.     Supply and distribution of coal, coke (with its derivatives) for industrial use and price control thereof under the Essential Commodities Act, 1955 (No. X of 1955) of Government of India. (See also [94][entry No. 9] under Food and Civil Supplies Department).

 

13.     Manufacture and use of Power Alcohol for industrial purpose.

 

14.     [95][* * * * * *]

15.     Establishment of Sugar Factories. (See also entry No. 29 under Agriculture and Co-operation Department).

 

16.     Industries including cottage and rural industries but excluding industrial co-operatives i.e. industries organised on co-operative basis subject to the provisions of List I in the Seventh Schedule to the Constitution of India. (See also entry No. 14 under Agriculture and Co-operation Department).

[96][16A. Administration of Cotton Textile Control Order, 1948. Issue and renewal of licences of yarn dealers, installation, transfer, etc. of powerlooms running on cotton yarn and non-cotton yarn. (See also entry No. 5 under Food and Civil Supplies Department)].

17.     Incorporation, regulation and winding up of corporations other than trading corporations including banking, insurance, and financial corporations and unincorporated trading.

 

18.     Maharashtra State Finance Corporation.

 

19.     Water Supply Schemes for industrial purposes. (See also entry No. 10 under [97][Urban Development, Public Health and Housing Department]).

 

20.     The Maharashtra State Small Scale Industries Development Corporation.

 

21.     The Maharashtra State Industrial Development Corporation.

 

22.     [98][Distribution of diesel oil (excluding light diesel oil for agricultural purposes), and price control of diesel oil (excluding light diesel oil) under the Essential Commodities Act, 1955 (10 of 1955), (See also entry 9-A under Agriculture and Co-operation Department)].

 

23.     Electricity including electricity duty (except construction and maintenance of electrical installations in Government Buildings and investigation and execution of Hydro-Electric Projects). (See also entry No. 15 under Buildings and Communications Department and entry No. 2 under Irrigation and Power Department.)

Administration of the Indian Electricity Act, 1910, Electricity (Supply) Act, 1948, Bombay Lift Act, 1939, Bombay Electricity (Special Powers) Act, 1946. Ambernath Electric Supply.

24.     The Maharashtra State Electricity Board.

 

25.     Welfare of labour including conditions of labour, provident funds and amenities for labour.

 

26.     Workmen's compensation, employer's liability, invalidity and old age pensions.

 

27.     Industrial and Labour Disputes, including conciliation, adjudication and arbitration, strikes and lock-outs. [99][(See entry 6A under the General Administration Department)].

 

28.     Registration of Trade Unions.

 

29.     Factories.

 

30.     Boilers and Smoke Nuisances.

 

31.     Payment of Wages.

 

32.     Maternity Benefit.

 

33.     Employers' State Insurance. (See also entry No. 33 and under [100][Urban Development, Public Health and Housing Department)].

 

34.     Social Security and Social Insurance, Standing orders for Industrial employment.

 

35.     Conditions of service, etc. in shops and commercial establishments.

 

36.     Jurisdiction and powers of Industrial and Labour Courts.

 

37.     [101][* * * *]

 

38.     Employment Exchange Organisation.

[102][38A. Writing off of decretal dues in respect of any subject allotted to the Industries and Labour Department.]

39.     Inquiries and statistics for the purpose of any of the matters in this list.

 

40.     Fees in respect of any of the matters in this list but not including fees taken in any court.

 

41.     Works, lands and buildings vested in, or in the possession of Government for the purposes of the State and assigned to the Industries and Labour Department.

(12) Subjects allotted to the Rural Development Department:

1.        Local Government other than Municipal Corporations, Municipalities, Borough Municipalities, Cantonments and notified area Committees, [103][Fire Fighting Services in rural areas].

 

2.        Village water supply and sanitation schemes for human beings as well as for cattle excluding water supply for irrigation. (See also entry No. 10 under [104][Urban Development, Public Health and Housing Department].)

[105][2A. Construction, maintenance and control of slaughter houses in rural areas. (See also entry No. 12A under Agriculture and Co-operation Department and entry No. 26A under Urban Development, Public Health and Housing Department).]

3.        Community Development Programme.

 

4.        Local Development.

 

5.        Multipurpose Projects and Tribal Development Blocks.

[106][5A. State Transport Road Development Fund. (See also entry No. 2 under Buildings and Communications Department and entry No. 12 under Home Department).]

6.        Capitation taxes, taxes on professions, trades, calling and employments, on animals and boats, taxes on the sale or purchase of goods other than newspapers, on advertisements other than advertisements published in newspapers and so far as they are levied by local authorities in rural areas. (See also entry No. 19 under Revenue and Forests Department and entry No. 6 under [107][Urban Development, Public Health and Housing Department]).

 

7.        Cesses on the entry of goods into a rural local area for consumption, use or sale therein. (See also entry No. 7 under [108][Urban Development, Public Health and Housing Department]).

 

8.        Taxes on lands and buildings (so far as they are levied by local self-governing bodies in rural areas) (See also entry No. 11 under [109][Urban Development, Public Health and Housing Department]).

 

9.        Terminal taxes on goods or passengers carried by railways, sea or air; taxes on railway fares and freights. (so far as local bodies are concerned in rural areas) (See also entry No. 12 under [110][Urban Development, Public Health and Housing Department]).

 

10.     [111][* * * * *]

 

11.     Rural Development.

[112][11A. Writing off of decretal dues in respect of any subject allotted to the Rural Development Department.]

12.     Inquiries and statistics for the purpose of any of the matters in this list.

 

13.     Fees in respect of any of the matters in this list but not including fees taken in any Court.

[113][13A. Burials and burial grounds and cremation and cremation grounds in rural areas. (See also entry No. 32 under General Administration Department and entry No. 3 under Urban Development, Public Health and Housing Department).]

14.     Works, lands and buildings vested in or in the possession of Government for the purposes of the State and assigned to the Rural Development Department.

(13) Subjects allotted to the Food and Civil Supplies Department:

1.        Food Supplies to Districts. Foodgrains prices and the price supports.

 

2.        Food Administration of Greater Bombay.

 

3.        Procurement Prize Scheme, including the Administration of the Food Bonus Fund.

 

4.        The Bombay Essential Commodities and Cattle (Control) Act, 1958.

 

5.        Voluntary or Statutory regulation of prices of all Essential commodities within the meaning of the Essential Commodities Act, 1955 (X of 1955) including their distribution through Fair Price Shops.

 

6.        Supply and distribution of iron, steel and cement [except for (1) Agricultural purposes and (2) Industrial Development]. (See also entry No. 10 under Industries and Labour Department and entry No. 9 under Agriculture and Co-operation Department).

 

7.        The Bombay Building (Control on Erection, Re-erection and Conversion) Act, 1948, in so far as it relates to buildings intended to be used or used for purposes of theatres, cinemas and other places of public amusements. (See also entry No. 11 under Industries and Labour Department.)

 

8.        [114][Distribution of kerosene and price control thereof under the Essential Commodities Act, 1955 (X of 1955).]

 

9.        Distribution of coal, coke (with its derivatives) except for industrial use and price control thereof under the Essential Commodities Act, 1955. (See also entry No. 12 under Industries and Labour Department.)

 

10.     Residual work pertaining to the former Civil Supplies Department, including that pertaining to the organisation of the Controller of Rationing and Food Controller, Bombay. Establishment matters pertaining to the Civil Supplies staff in the Bombay City and in the Districts.

 

11.     The following subjects relating to the former Civil Supplies Department, including those pertaining to organisation of the Controller of Rationing and Food Controller, Bombay:

(i)       Settlement of outstanding claims in respect of the Civil Supplies transactions, refunds of deposits, etc.

 

(ii)      Write-off of losses in foodgrains and other commodities and stores handled by the Department.

 

(iii)     Disposal of godown-buildings, requisitioned premises, godown equipment, dead stock articles and verification of dead stock articles.

 

(iv)    Pending court suits arising out of Civil Supplies transactions.

 

12.     Rice Milling Industry (Regulation) Act, 1958 and Rules thereunder.

 

13.     Residual work relating to the Bombay Flour Mills and Chakki Licencing Order.

 

14.     Setting up bakeries in the State Sector and all matters ancillary thereto.

 

15.     [115][* * * *]

 

16.     Transport or movement of goods/materials on behalf of Government under general orders issued by the Railway Board.

[116][16A. Writing off of decretal dues in respect of any subject allotted to the Food and Civil Supplies Department.]

17.     Inquiries and statistics for the purpose of any of the matters in this list.

 

18.     Fees in respect of any of the matters in this list but not including fees taken in any court.

 

19.     Works, lands and buildings vested in or in the possession of Government for the purpose of the State and assigned to the Food and Civil Supplies Department.

SECOND SCHEDULE

1.        Proposals for the appointment or removal of the Advocate General or for determining or varying the remuneration payable to him.

2.        Proposals to summon, prorogue or dissolve the Legislature of the State.

3.        Proposals for the making or amending of rules regulating the recruitment and the conditions of service of

(a)      persons appointed to the Secretarial staff of the Assembly or the Council [Article 187 (3)];

(b)      officers and servants of the High Court under Article 229 provisos to clauses (1) and (2);

(c)      persons appointed to the public service and posts in connection with the State (Proviso to Article 309).

4.        Decision on questions arising as to whether a 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.        The annual financial statements to be laid before the Legislature and demands for supplementary, additional or excess grants.

6.        Proposals relating to rules to be made under Article 208, clause (3)

7.        Proposals for the making or amending of rules under Article 234.

8.        Proposals for the issue of a notification under Article 237.

9.        Any proposal involving any action for the dismissal, removal or suspension of a Member of the Public Service Commission.

10.     Proposals for making or amending regulations under Article 318 or under the proviso to clause (3) of Article 320.

11.     Report of the Public Service Commission on its work [Article 323 (2)] and any action proposed to be taken with reference thereto.

12.     Proposals for Legislation including the issue of an Ordinance under Article 213 of the Constitution.

13.     Cases in which the attitude of the Government to any resolution or Bill to be moved in the Legislature is to be determined.

14.     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 or for the raising of loans on the security of revenue of the State or for giving of a guarantee by the Government of the State, [117][in respect of loans exceeding rupees ten lakhs].

15.     Any proposal which affects the finance of the State which has not the consent of the Finance Minister.

16.     Any proposals for re-appropriation to which the consent of the Finance Minister is required and has been withheld.

17.     Proposals involving the alienation either temporary or permanent by way of sale, grant or lease of Government property exceeding Rs. 50,000 in value [118][or the abandonment or reduction of a recurring revenue exceeding that amount or the abandonment or reduction of a non-recurring revenue exceeding rupees five lakhs] 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.

18.     The annual audit review of the Finance of the State and the report of the Public Accounts Committee.

19.     Proposals involving any important change of policy or practice.

20.     Proposed circulars embodying important changes in the administrative system of the State.

21.     Any proposal for the withdrawal or a prosecution by Government against the advice tendered by the Legal Department.

22.     [119][Proposals for the creation of any public office the maximum remuneration of which exceeds Rs. 1,600 and the duration of which exceeds three months and proposals for the abolition of such office.]

23.     Proposals involving any important alterations in the conditions of service of the members of any All India Service or the State Service or in the method of recruitment to the Service or post to which appointment is made by the Government.

24.     Reports of the Committees of Inquiry appointed by the Government on its own initiative or in pursuance of a resolution passed by the State Legislature.

25.     Proposals for appointments inconsistent with the recommendation of the Public Service Commission.

26.     Cases required by the Chief Minister to be brought before the Council.

27.     Cases which affect or are likely to affect the good Government of scheduled areas.

28.     Cases which affect or are likely to affect the rights and privileges of any Rulers as provided under Article 362.