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Rule 6 - Residuary Powers | KartavyaDesk

DFPR 1978delegation

Original Rule Text

Rule 6: Residuary financial powers- All financial powers, not specifically delegated to any authority by these rules including creation and abolition of posts, shall vest in the Finance Ministry.

What This Means

Rule 6 of the Delegation of Financial Powers Rules, 1978, acts as a safety net. Think of it as saying, 'If we haven't specifically given the power to make a financial decision to someone else, then that power automatically belongs to the Finance Ministry.' This ensures that no financial decision falls through the cracks due to unclear delegation. It's like having a default setting for financial authority within the government.

This rule applies whenever a financial power isn't explicitly assigned to a particular department or official in the existing delegation rules. This includes decisions like creating new government positions, eliminating existing ones, or approving expenditures that don't fall under pre-defined limits. It affects all government departments and employees because it clarifies where the ultimate authority lies when there's ambiguity.

Essentially, Rule 6 prevents a power vacuum in financial matters. It makes the Finance Ministry the final decision-maker for any financial matter not already delegated, ensuring accountability and control over government finances.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Rule 6 covers all financial powers not specifically delegated elsewhere.
  • •The Finance Ministry holds residuary financial powers.
  • •This includes the power to create and abolish government posts.
  • •The rule prevents ambiguity and ensures financial control.
  • •It applies to all government departments and employees.

Practical Example

The Department of Social Welfare wants to launch a new program to provide vocational training to underprivileged youth. The program requires hiring 10 new instructors on a contractual basis. However, the existing delegation rules for the Department of Social Welfare do not explicitly mention the power to create contractual positions for new programs. In this scenario, according to Rule 6, the power to approve the creation of these 10 contractual positions rests with the Finance Ministry. The Department of Social Welfare would need to submit a proposal to the Finance Ministry, justifying the need for the new positions and seeking their approval. Only after the Finance Ministry approves can the department proceed with hiring the instructors.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What does 'residuary financial powers' mean?▼
It refers to the financial powers that are not specifically assigned to any other authority by the Delegation of Financial Powers Rules, 1978.
Does Rule 6 mean the Finance Ministry can interfere in all departmental financial matters?▼
No. It only applies to financial powers that haven't been specifically delegated to other authorities. If a department has the delegated power, Rule 6 doesn't override it.
Who is considered the 'Finance Ministry' for the purpose of this rule?▼
It refers to the Department of Economic Affairs and the Department of Expenditure within the Ministry of Finance, Government of India, and the specific officers authorized to exercise these powers on their behalf.
What happens if a department acts without Finance Ministry approval on a matter covered by Rule 6?▼
Such actions would be considered irregular and could lead to audit objections, disciplinary action against the responsible officials, and potential reversal of the decision.
How does Rule 6 affect the creation of new schemes or projects?▼
If the financial implications of a new scheme or project are not covered by existing delegated powers, the department needs to obtain approval from the Finance Ministry under Rule 6 before proceeding.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 6 of the Delegation of Financial Powers Rules, 1978, which entity holds the residuary financial powers?

Related Rules

Annexure IIDFPR 2024 - Annexure IIAppendix IDFPR 2024 - Appendix IRule 20DFPR 2024 - Rule 20 - (Expenditure from or incidence of charges on contingency fund of India)Rule 10DFPR 2024 - Rule 10 - (Re-appropriation)Rule 14DFPR 2024 - Rule 14 - (Insurance of Government property)

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