Government of India
Ministry of Home Affairs
(Department of Personnel and A.R.)
New Delhi, dated the 17th November, 1982.
|Subject:||Board of Arbitration Ė Model Note for Cabinet for obtaining approval of Cabinet before recording disagreement with the Staff Side on matters which qualify for arbitration.|
In accordance with the instructions contained in this Departmentís OM No.4/2/79-JCA, dated the 20th July, 1980 and 11th November, 1981, before a final disagreement between the Staff Side and the Official Side of the National/Departmental Council of the JCM is recorded in the Joint Councils on an item which is arbitrable under Clause 16 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration, prior approval of the Cabinet is required to be sought. It has also been enjoined that the Note for Cabinet for this purpose should be got approved from this Department ( JCA Division), as the nodal agency for JCM as also from the Ministry of Finance, Ministry of Law etc. as may be required.
2. It has been found that often the Draft Cabinet Notes received from various Ministries/Departments do not bring out in clear terms the provisions of the Scheme and the instructions under which Cabinetís approval is being sought before recording disagreement on an arbitrable item; the format of the Cabinet Note and the presentation of the case also vary widely from Department to Department. In certain cases, the objective of preparing the Cabinet Note and putting it up to the Cabinet is not made clear. It has also been seen that, in many cases, Staff Side demand is not projected fully or in its proper perspective, nor is the text of the demand reproduced with the result that the thrust of the Staff Side demand cannot be appreciated adequately.
3. In order to avoid deficiencies of the kind mentioned above, and also to ensure uniformity of presentation, a model format of the Cabinet Note has been prepared by this Department and is enclosed. It is requested that the Cabinet Note prepared for obtaining approval from Cabinet before signing disagreement with the Staff Side on arbitrable matters under Clause 16 of the JCM Scheme may henceforth be prepared on the lines of the model format enclosed.
( BATA K.DEY )
Deputy Secretary to the Government of India
MODEL FORMAT OF THE NOTE FOR CABINET FOR OBTAINING ITS APPROVAL BEFORE RECORDING DISAGREEMENT ON ARBITRABLE ITEMS UNDER JCM SCHEME
Subject:- ( Specify )
1. In accordance with the instructions contained in the Department of Personnel and Administrative Reformsí OM Nos.4/2/79-JCA, dated the 20th July, 1980, and 11th November, 1981 prior approval of the Cabinet is required to be sought before a final disagreement between the Staff Side and the Official Side of the National*/ Departmental* Council of the JCM is recorded on any item(s) which is/ are arbitrable under Clause 16 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration. The Staff Side of the National/Departmental Council has raised a demand in the (Number of meeting)* Ordinary/Special meeting of the____________ National/ Departmental Council of the Ministry/ Department on_______________regarding_______________(Title of the demand) which is arbitrable. Since it is not considered possible to agree to this demand, when it comes up for consideration in the Joint Council during its next meeting, formal disagreement may have to be recorded, if the Staff Side so insists. Accordingly, approval of the Cabinet is solicited for the purpose of recording of such a disagreement.
2. The Staff Side has made the following demand:-
(Here, the full text of the demand as given in the self explanatory Memorandum may be quoted if it is not too long. If it is considered long, the gist of it may be given in this para by bringing out the substance of the demand, but enclosing the full text of the explanatory memorandum submitted by the Staff Side in support of their demand, in the Annexure, after suitably referencing it in this para.)
3. In this paragraph, the historical perspective, that is, the background and evolution of the demand (if any), may be indicated.
4. The merits and demerits i.e. the arguments for and against the demand may be brought out in this para.
5. The views of the Ministry of Finance Department of Personnel and A.R., Ministry of Law etc. may be stated here.
NOTE: The Official Side being one, an impression should not be created that while the Ministry/Department concerned substantively with the Staff Side demand is willing to accept it but they are being forced to disagree because of the opposition from the Finance Ministry or Department of Personnel and A.R. etc., the idea to be projected is that Official Side as a whole has considered the Staff Side demand and have come to the conclusion, through mutual consultation, not to agree to the demand. Due care is, therefore, necessary to strike a balance and project a common view of the Official Side as a whole, though arguments advanced for rejection of the demand as also those considered in favour by the Ministry/Department may be suitably incorporated in the Note.
6. In this paragraph, the final stand of the Official Side on the demand may be indicated for which approval of the Cabinet is being sought.
7. It may be stated that Ministry of (concerned Ministry/ Department) has seen and approved the Note.
8. It may be mentioned that Minister of Home Affairs and the Minister of Finance have also seen and approved the Note.
*Please strike off which is not applicable.