Government of India
Department of Personnel & A.R
(Ministry of Home Affairs)
North Block, New Delhi, Feb.3, 1982
Please refer to this Departments Office Memorandum No.4/2/79-JCA, dated the 20th July, 1980 and 11th November, 1981, laying down the procedures relating to functioning and recording of agreements/disagreements in the Departmental Councils set up under the Scheme for JCM.
2. According to the instructions, referred to above, prior approval of the Cabinet should be obtained in all matters which are compulsorily arbitrable under Clause 16 of the JCM Scheme, before a disagreement is recorded in the National or Departmental Council. Recently, a case has come to notice in which prior approval of the Cabinet was sought for recording a disagreement in a Departmental Council. The Note submitted to the Cabinet gave the impression that at the meeting of the Committee, which was set up by the Council to consider the particular demand of the Staff Side, the Official representatives in the Committee expressed themselves as inclined to accept the justifiability of the demand of the Staff Side. While discussing the Note the Cabinet felt that the Official Members of the Committee of the Departmental Council should not have expressed their inclination to accept the proposal having financial implication without obtaining the necessary clearance from the Ministry of Finance.
3. As already stated in para 1 above, instructions exist where it has been emphasized that items which have impact on other Departments or which pertain to their field should be considered in consultation with such Ministries/Departments in advance and, if, considered necessary, a formal brief from these Ministries/ Departments should also be obtained so as to ensure that such items receive proper consideration in so far as they relate to their spheres of responsibility. Further, before a demand is accepted in the meeting of the Departmental Council (which includes Committees also), prior consultations should take place with the authorities concerned e.g., Ministry of Finance, Department of Personnel and A.R. etc., so as to avoid embarrassing situations subsequently.
4. I am writing to you again to request that these instructions should be complied with strictly in future by the Official Members of a Departmental Council or its Committees during deliberations therein.
Secretary to the Govt. of India