CABINET SECRETARIAT
RASHTRAPATI BHAVAN
NEW DELHI
January 14,1961/Pausa 24, 1882(S)
ORDER
In exercise of the powers conferred by clause (3) of article 77 of the Constitution and in
supersession of all previous rules and orders on the subject, the President hereby makes the
following rules for the allocation of the business of the Government of India:-
1. Short Title - These rules may be called the Government of India (Allocation of Business)
Rules, 1961.
2. Allocation of Business - The business of the Government of India shall be transacted in
the Ministries, Departments, Secretariats and Offices specified in the First Schedule to
these rules (all of which are hereinafter referred to as "departments").
3. Distribution of Subjects 1 –
(1)2 The distribution of subjects among the departments shall be as specified in the
Second Schedule to these Rules and shall include all attached and subordinate
offices or other organisations including Public Sector Undertakings concerned with
its subjects and sub-rules (2), (3) and (4) of this Rule.
(2)3 The compiling of the accounts of each Department shall stand allocated to that
Department with effect from the date from which the President relieves, by order
made under the first proviso to sub-section (1) of Section 10 of the Comptroller and
Auditor General's (Duties, Powers and Conditions of Service) Act, 1971; the
Comptroller and Auditor General from the responsibility for compiling the accounts
of that Department.
(3)4 Where sanction for the prosecution of any person for any offence is required to be
accorded-
a) If he is a Government servant, by the Department which is the Cadre
Controlling authority for the service of which he is a member, and in any
other case, by the Department in which he was working at the time of
commission of the alleged offence; and
b) If he is a public servant other than a Government servant, appointed by the
Central Government, by the Department administratively concerned with
the organisation in which he was working at the time of commission of the
alleged offence; and
c) In any other case, by the Department which administers the Act under
which the alleged offence is committed:
Provided that where, for offences alleged to have been committed, sanction
is required under more than one Act, it shall be competent for the Department
which administers any of such Acts to accord sanction under all such Acts.
1 Substituted vide Amendment series no. 116 dated 29.03.1976.
2
Modifiedvide Amendment series no. 116 dated 29.03.1976, 187 dated 30.09.1986 and 271 dated
06.01.2004.
3
Modified vide Amendment series no. 116 dated 29.03.1976.
4
Inserted vide Amendment series no. 187 dated 30.09.1986.
Page 6 of 196
(4)1 Notwithstanding anything contained in sub-rule (3), the President may, by general
or special order, direct that in any case or class of cases the sanction shall be
accorded by the Department of Personnel and Training.
4. Allocation of Departments among Ministers 2 –
(1) The business of the Government of India allocated to the Cabinet Secretariat is and,
shall always be deemed to have been allotted to the Prime Minister.
(2) Subject to the provisions of sub-rule (1), the President may, on the advice of the
Prime Minister, allocate the business of the Government of India among Ministers
by assigning one or more departments to the charge of a Minister.
(3) Notwithstanding anything contained in sub-rule (1) or sub-rule (2), the President
may, on the advice of the Prime Minister, -
(a) associate in relation to the business allotted to a Minister under either of the
said sub-rules, another Minister or Deputy Minister to perform such
functions as may be assigned to him; or
(b) entrust the responsibility for specified items of business affecting any one or
more than one Department to a Minister who is in charge of any other
Department or to a Minister without Portfolio who is not in charge of any
Department.
(RAJENDRA PRASAD)
PRESIDENT
------
1
Inserted vide Amendment series no. 187 dated 30.09.1986.
2 Modified vide Amendment series no. 59 dated 12.04.1967 and substituted vide 87 dated 26.10.1970.
Page 7 of 196
