Government of India/Bharat Sarkar
Cabinet Secretariat/Mantrimandal Sachivalaya
(Department of Personnel/Karmik Vibhag)
New Delh-1, the 21st November, 1972
|Subject:-||Scheme for Joint Consultative Machinery - Setting up of Office Councils.|
The undersigned is directed to refer to the Department of Personnel O.M. No. 5/18/71-JCA, dated the 28th December, 1971, forwarding a copy of the Model Constitution of the Office Councils in the Headquarters Offices of the Ministries/Departments, and to invite attention to Note I under Clause 5(a) of the Model Constitution mentioned above. Note I under Clause 5(a) of the Model Constitution reads as follows:-
"In the case of C.S.S. categories of staff nominations to the Staff Side from amongst the Staff of the Ministry will be made by the concerned Associations/Unions/Federations recognized by Government."
A question has been raised in this connection whether nominations to the Staff Side seats should necessarily be from among the staff of the Ministry/Department concerned, i.e., the establishment for which the Office Council is constituted, or whether such nominations could be made from among the staff outside the Ministry/Department.
2. Clause 6 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides for setting up Regional and/or Office Council where the structure of a Department permits the setting up of such Councils. These Councils will deal only with regional or local questions. Since the discussion in the Office Council is to be confined to local matters relating to conditions of work, welfare, etc. of the employees and is to be normally limited to matters within the competence of the Administration of the Ministry/Department concerned, it is clear that the representatives on the Staff Side of the Office Council have to be those who are the employees of the Ministry/Department concerned. Such employees representatives should not only be aware of the local problems to be discussed within the Council, but should also appreciate the difficulties, if any, of the Official Side. This could only be possible when such representatives belong to the Ministry/Department concerned. As a general proposition, therefore, the nominations to the Staff Side of an Office Council should be from amongst the staff of the office/establishment for which the Office Council has been constituted. Similarly, having regard to the provisions contained in clause 5(b) of the Model Constitution and the Note thereunder, an honourbly retired employee, who is permitted by Government to be a member of the Office Council, should also, but for his retirement, fulfill this conditions. The same condition applies in the case of ex-employees as well.
3. A specific mention of the above position has been in Note 1 below Clause 5(a) of the Model Constitution in the context of the C.S.S. categories of staff because of the Union/Associations of such staff are granted recognition centrally be the Department pr Personnel, and it was considered desirable to make it clear that even such centrally, recognized Unions/Associations would have to make their nominations from amongst the staff of the Ministry/Department/Directorate for which such Council is formed. These general principles are equally applicable to the nomination of the Staff Side representatives in all Office Councils in the Ministries/Departments as also to those formed for the Attaches/Subordinate offices, whether the nominations concern C.S.S. categories of staff or otherwise, Ministry of Finance, etc. are requested to bring this position to the notice of all concerned.
( K. RAMIAH )
Under Secretary to the Govt. of India.