Government of India
Ministry of Personnel, Public Grievances & Pensions
( Department of Personnel & Training
)
…….
New Delhi, the 6th April,
2004
OFFICE MEMORANDUM
|
Subject:- |
Scheme for Joint Consultative Machinery and Compulsory
Arbitration for Central Government Employees – Raising the limit of pay from
Rs.2900 to Rs.8900 per mensem for eligibility. |
….
As the Ministries/ Departments are aware, the Scheme of Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees covers all regular civil employees of the Central Government, except inter-alia persons in industrial establishments, employed mainly in managerial or administrative capacity, and those who being employed in Supervisory capacity, draw salary in scales going beyond Rs.2900/-per mensem (vide Clause 1 (c) of the JCM Scheme).
2. With the revision of scales of pay, on the recommendations of the Fifth Central Pay Commission, the limit of Rs.2900/- referred to in para 1 above, will require to be suitably revised. The matter has been examined in consultation with Department of Expenditure and it has been decided that the existing pay limit of Rs.2900/- would correspond to Rs.8900/- in the pay scales revised on the basis of the recommendations of 5th CPC. Therefore, the Scheme is amended to this extent and Clause 1(c) of the JCM Scheme may now be read as under:-
"Persons in Industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity draw salary in scales going beyond Rs.8900/-per mensem".
3. This may be brought to the notice of all concerned.
( VIDHU KASHYAP )
Director
To
All Ministries/Departments of the Government of India.
Copy to Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.
( VIDHU KASHYAP )
Director
Government of India
Ministry of Personnel, Public Grievances
& Pensions
( Department of Personnel &
Training )
……
NEW DELHI, the 20th January, 2004.
|
Subject: |
Effective use of JCM Scheme
|
……
The undersigned is directed to say
that instructions have been issued from time to time for making effective use
of the JCM machinery. The Staff Side
have, however, highlighted that periodic meetings of JCM are not being held and
that Departmental Councils have also not been re-constituted in some of the
Ministries/Departments. In view of the
concerns expressed by the Staff Side during the 42nd National
Council meeting, the following instructions are reiterated:-
(i)
It may be
ensured that appropriate steps are taken for holding timely JCM meetings.
(ii)
Attention is
invited to Department of Personnel & Training O.M.No.9/13/2000-JCA dated 27th August, 2002. It is reiterated that action for completing the process of
verification/re-verification should be expedited, where the same has not been
done so far. This should be followed up
by reconstitution of the Departmental Councils and holding of periodic JCM
meeting, thereafter.
(iii)
Once a view
has been taken to record disagreement in the National Council/ Departmental
Council, efforts should be made to expedite the process by obtaining Cabinet
approval at the earliest.
(iv)
When the
Government takes a decision to move Resolutions in the Parliament for
amending/rejecting an award of Board of Arbitration, the Staff Side may be
informed of this decision in time.
(v)
It is
reiterated that Secretary, Staff Side of National Council (JCM) may be included
in the regular mailing list of Ministries/Departments so that all general
unclassified orders affecting Central Government employees are received by the
Staff Side at the following address:-
Secretary, Staff Side, National Council
(JCM),
13-C, Ferozeshah Road, New Delhi – 110001.
(vi)
In
the 42nd National Council meeting, the Staff Side also stated that
instructions contained in the then Cabinet Secretary’s d.o.letter No
3/3/2001-JCM (Pt.) dated, May 21, 2002, advising all the Secretaries to keep in
mind the views of Staff Side while taking decisions on downsizing, are not being
implemented in some Ministries.
The Ministries/Departments
are, therefore, requested to keep in mind the instructions dated 21st
May, 2002 issued by the Cabinet Secretary, while taking decisions on
downsizing.
2. All Ministries/Departments are requested
to take appropriate action as per the above.
(
VIDHU KASHYAP )
Director
To:
1. All Ministries/ Departments of the
Government of India.
2.
Secretary,
Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.
Government of India
Ministry of Personnel, Public Grievances
& Pensions
( Department of Personnel & Training )
…..
NEW DELHI, the 13th
October, 2003.
|
Subject : |
Setting up of Ad-hoc Departmental Anomaly Committees to
settle the anomalies arising out of
the implementation of the 5th Pay Commission’s recommendations. |
…..
The undersigned is directed to refer to the
instructions issued by this Department’s O.M. of even number dated 9th
July, 2001 wherein it was provided that ad-hoc Departmental Anomaly Committees
may be set up to look into the pay related anomalies in terms of this
Department’s O.M.No.19/1/97-JCA dated 6th February, 1998.
2.
However,
the Staff Side, National Council (JCM) have mentioned both in the meeting of
Standing Committee and meeting of National Council (JCM) held recently that in
some of the Ministries/Departments ad-hoc
Departmental Anomaly Committees have not been set up so far. The Staff Side has desired that ad-hoc
Departmental Anomaly Committees may be set up at the earliest.
3.
It is once again reiterated that Ad-hoc Departmental Anomaly
Committees may kindly be set up immediately
as per detailed instructions contained in this Department’s O.M.
dated 9th July, 2001, in the Ministries/ Departments where such
ad-hoc Departmental Anomaly Committees was required to be set up but the same
has not been set up so far.
Department of Personnel & Training
may also please be informed by the concerned Ministry/Department while
setting up the ad-hoc Departmental Anomaly Committees.
( VIDHU KASHYAP )
Director (JCA)
To
1. All Ministries/Departments of
Government of India.
Copy to: Secretary, Staff Side,
National Council (JCM), 13-C, Ferozeshah Road, New Delhi.
Government of India
Ministry of Personnel, Public Grievances
& Pensions
( Department of Personnel & Training)
……
New Delhi, the 30th
September, 2003
Subject: Effective
use of JCM Scheme.
…..
In the meetings of the Standing
Committee of the National Council
(JCM) and the National Council
(JCM) held on 17th July, 2003, and 6th September,
2003 respectively, the Staff Side, inter-alia stated that
Departmental Councils are not constituted in some Ministries/ Departments and
wherever they are constituted, some of them are not functioning properly.
2. In this connection, attention is
invited to instructions regarding constitution of Departmental Councils issued from time to time vide this Department’s Office Memoranda No.9/13/2000-JCA
dated 12th October, 2001 and 27th August, 2002. It is emphasized that where Departmental
Councils have not been constituted after following the due process of
verification under the check-off-system, the same should be expeditiously
completed and Departmental Councils constituted at the earliest.
3. It is also reiterated that regular
meetings of Departmental Councils should be held, to make optimum use of the
JCM machinery.
( VIDHU KASHYAP )
Director (JCA)
To
1. All the Chairmen of Departmental
Councils (As per list attached).
2.
Secretary,
Staff Side, National Council (JCM), 13-C, Ferozehshah Road, New Delhi for
information.
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Personnel and Training
.....
No.14/7/2003-JCA
Dated the 28th
August., 2003
Subject: Procurement of blue woolen serge for uniforms.
In continuation of this Department’s O.M.
No.14/2/2000-JCA dated 19th August, 2002, it has been decided to
continue the existing arrangement for the year 2003-04 for procurement of blue
woolen serge, in addition to NTC, from Super Bazaar or the Kendriya Bhandar or
through State Governments Emporia subject to the following conditions:-
(i) Final selection of cloth may be made after
obtaining samples from all the agencies based on a decision of the Committee
consisting of four members including one member from the Internal Finance
Division, one authorized representative of the Staff Side and two belonging to
Administrative Division.
(ii) The price should not exceed Rs.160/- per
meter and quality should be ensured.
(iii) Only blue serge may be procured
(iv) Stitching charges at the prescribed rates
may be disbursed to the individual employees only after stitched uniforms are
presented to the authorized official and duly stamped on the reverse side.
Hindi version is enclosed.
(R.VAIDYANATHAN)
To
1. All
Ministries/ Departments of the Government of India.
2. UPSC /CVC/C&AG/Supreme Court/High
Court/Lok Sabha/Rajya Sabha Sectt/ President’s Secretariat/Vice President’s
Sectt./ PM’s office/ Central Admi-nistrative Tribunals.
3. All attached/subordinate offices of
Ministry of Personnel, Public Grievan-ces and Pensions/MHA.
4. Secretary, Staff Side, National
Council (JCM), 13-C, Ferozeshah Road, New Delhi. (10 spare copies).
5. Chairman/Secretaries, Central Government Employees Welfare Coordina-tion Committees.
6. All Staff Side members
of the National Council (JCM) / Departmental Council of Department of Personnel
& Training.
25 S/C
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, P.G. & PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
NORTH BLOCK, NEW DELHI
….
Dated the 12th
December, 2002
Subject: Reference of anomalies relating to 5th
CPC where disagreement has been recorded.
………..
The
undersigned is directed to refer to this Department’s O.M. of even number
dated 9th August, 2002
laying down the guidelines for referring the anomalies relating to 5th CPC for arbitration.
2. This
Department is in the process of appointing a new Arbitrator, in consultation
with Staff Side, in place of Justice N.P. Singh after his retirement w.e.f. 10th September, 2002. It is suggested that, in the meantime, the items where
disagreement has been recorded and the Staff Side propose to refer them for
arbitration, may be obtained from the Secretary / Leader Staff Side of the
respective Departmental Anomaly Committees and the relevant papers as per the guidelines indicated in the
aforesaid O.M. of 9th August, 2002 kept ready so that these could be
sent to the ‘Arbitrator’ as soon as the appointment is finalized.
Hindi version follows.
(Ranbir Singh)
Under Secretary to the Govt. of India
Tel: 309 4678
All Ministries / Departments
Copy for information to Secretary, Staff
Side, National Council (JCM), 13-C, Feroze Shah Road, New Delhi w.r.t. letter
No.NC-JCM-97/5th CPC(Anomaly)-1dated 29.5.2002. As already
requested vide letter of even number dated 12.6.2002, six copies each of the
items with explanatory note as in the prescribed proforma, to be referred for
arbitration may be forwarded to DOPT for appropriate action.
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, P.G. & PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
NORTH BLOCK, NEW DELHI
….
NEW DELHI, THE 23rd SEPTEMBER, 2002
OFFICE MEMORANDUM
Subject: Guidelines for recognition of Federations of Service Associations/ Unions formed by the Central Government employees.
……
This has reference to the guidelines for recognition of federations notified vide this Department’s O.M. of even number dated 3rd July, 2002. Based on the discussions in the meeting of the Standing Committee (JCM) held on 28th August, 2002 and references received from different Ministries / Departments, it is clarified that, in addition to the prescribed conditions as per the aforesaid instructions, the federations may be considered for recognition only if the membership of the affiliated Unions / Associations taken together constitute a minimum 15% of the entire work force of the concerned Organisation / Department / Ministry.
Hindi version will follow.
(Ranbir Singh)
Under Secretary to the Govt. of India
Tel: 309 4678
1. All Ministries/ Departments of Government of India.
2. UPSC/CVC/C&AG/ PM’s Office/ Lok Sabha Secretariat/Rajya Sabha Secretariat/President’s Secretariat/Vice President’s Secretariat/Supreme Court/High Court/Central Administrative Tribunal.
3. All attached and subordinate offices of Ministry of Personnel, P.G. & Pensions/ MHA
4. Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.
5. All Staff Members of the National Council (JCM).
6. All Staff Members of the Departmental Council (JCM), Ministry of Personnel, P.G. and Pensions.
7. Chairman / Secretaries, Central Government Employees Welfare Coordination Committee.
8. Deputy Secretary (Coordination), Delhi Govt. Secretariat, I.G. Stadium, I.T.O., New Delhi.
Government of India
Ministry of Personnel, Public Grievances
& Pensions
( Department of Personnel & Training )
……
New Delhi, the 27th August, 2002
Subject: Making effective use of JCM Scheme.
……
The undersigned is directed to say
that instructions have been issued from
time to time for making effective use of JCM Machinery.
Representations,
however, continue to be received, especially from the Staff Side, that the
meetings of JCM councils are not being held periodically by various Ministries/
Departments. In this connection
attention is also invited to this Department’s OM of even number dated
12.10.2001 issued in the light of observations in the 68th Report of
Department Related Parliamentary Committee of Home Affairs on Demands for Grant
( 2000-2001), recommending effective use of JCM mechanism and Board of
Arbitration for resolving the grievances of the Government staff. The Committee in its subsequent reports
have again emphasized the need to strengthen the JCM machinery.
It
may, therefore, be ensured that appropriate steps are taken for making timely
and effective use of the above fora.
2. Attention
is also invited to this Department’s OM No.3/12/94-JCA dated
28.4.1995, according to which JCM Councils in various Ministries/ Departments
were allowed to function on the basis of nominations as on 4.5.1995, till the
process of verification of membership was completed under the CCS (RSA) Rules,
1993 and the Councils were re-constituted.
It may be ensured that appropriate action is
taken expeditiously to re-constitute
the Councils, accordingly, if not already done.
3. The
Departments were also required to
constitute Ad-hoc Departmental Anomaly Committees in accordance with the
instructions contained in this
Department’s OM No.3/46/ 2000 -JCA dated
9.7.2001, in respect of Departments where no Departmental Councils were
in existence on the crucial date that is 4.5.1995 or where the Councils were
not re-constituted after completion of the process of recognition under the aforesaid
rules of 1993. Attention in this
connection is also invited to this Department’s OM No.2/13/98-JCA dated
24.5.2001 according to which the Departments were required to initiate the
process of re-verification of membership in respect of associations on
completion of initial period of
recognition for 2 years.
Action
in terms of the above OM’s needs to be expedited, in case action has not been
completed so far.
4. Guidelines for recognition of Federations of Service
Associations recognized under CCS (RSA) Rules, 1993 have also been notified
vide this Departments OM No.2/14/98-JCA dated 3.7.2002. Suitable action in this regard also needs to
be completed early.
All
Ministries/Departments may accordingly review the above position comprehensively,
so as to ensure effective use of the JCM machinery in the
interest of employee-employer relations.
( VIDHU KASHYAP )
Director (JCA)
To
1. All Ministries/Departments of the
Government of India.
2. Secretary, Staff Side, National
Council (JCM), 13-C, Ferozeshah Road, New Delhi.
3. All members of the National Council/
Departmental Council of Department of Personnel & Training.
Government of India
Ministry of Personnel, P.G. & Pensions
( Department of Personnel & Training )
North Block, New Delhi
…..
New Delhi, the 19th August, 2002
The undersigned is directed to say that Office Councils/Regional Councils under JCM are presently functioning in various Ministries/Departments and their attached and subordinate offices. With the notification of the CCS (RSA) Rules, 1993, all the Associations/Unions recognized before notification of these rules and represented on the JCM Councils, were required to seek recognition afresh under the said Rules to enable reconstitution of JCM Councils within a specified period upto 4.5.95. The staff representatives of the JCM Councils are nominated by the recognized Associations/Unions for a fixed term of 3 years, however, as process of recognition of new associations was not completed within the prescribed time upto 4.5.95, the JCM Councils were allowed to continue to function based on the position as on 4.5.95 till the process of recognition was completed.
2. The process of recognition under 1993 rules has completed in most of the Ministries/Departments. As a consequence, however, the Council, have not been reconstituted or revived. It is suggested that Ministries/Departments may review the position and reconstitute Office Councils/Regional Councils wherever necessary. In so far as the Service Associations/Unions of Central Secretariat staff are concerned, the status position is indicated below:-
|
|
CATEGORIES OF STAFF |
NAME OF THE RECOGNISED ASSOCIATION |
|
1. |
LDCs/UDCs of CSCS |
Central Secretariat Non-Gazetted Employees Union |
|
2. |
Assistant (Promottee) of CSS |
Central Secretariat Non-Gazetted Employees Union |
|
3. |
Group ‘D’ Staff Working in the Ministry/Departments participating in the Central Secretariat. |
Central Secretariat Non-Gazetted Employees Union |
|
4. |
S.O.(Promottee) of CSS |
Central Secretariat Service Section Officer’s Association. |
|
5. |
Assistant (DR) |
None Recognised at the moment |
|
6. |
S.O.(DR) |
- do - |
|
7. |
Stenographer’ Service ( Gazetted as well as Non-Gazetted) |
- do - |
|
8. |
Despatch Rider |
- do - |
|
9. |
Staff Car Drivers |
- do - |
2.1 In respect of associations shown at S.No.5 to 9 above, none of the associations could muster the minimum 35% membership for recognition and hence the process of re-verification is under way by CS Division of Department of Personnel & Training.
3. Nominations in respect of seats ear-marked for the Secretariat staff on the Councils may be obtained by writing direct to the associations recognized at the central level ( and not the Branch Units) subject to the conditions that the staff representative(s) so nominated should be an employee of the Departments/Offices concerned for which the council has been constituted. There is also no objection to keep the staff seats vacant if no recognized associations are available to represent any particular category of staff for whom seats have been earmarked on the Council. Such vacant seats may be filled up as soon as Unions/Associations obtain recognition under the relevant rules.
Hindi version follows.
( Ranbir Singh)
Under Secretary to the Govt. of India
Tel: 23094678
To
1. All Ministries/Departments.
2. UPSC/C&AG/Lok Sabha/Rajya Sabha Sectts./President’s Sectt./ Vice President’s Sectt.
3. All attached/subordinate offices of Department of Personnel & Training and MHA.
4. Shri Bhim Sen, General Secretary, Central Sectt.Non-Gazetted Employees Union, B-32, Udyog Bhavan, New Delhi.
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, P.G. & PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
NORTH BLOCK, NEW DELHI
….
Dated the 9th August, 2002
Subject: Appointment of Arbitrator in connection with anomalies arising out of implementation of the recommendations of the 5th CPC.
………..
The undersigned is directed to refer to this Department’s O.M.No.19/1/97-JCA dated 6th February, 1998 in connection with setting up of anomaly committees according to which the cases where there is a dispute about the definition of “anomaly” and those where there is a disagreement between the Staff Side and the Official Side on the anomaly will be referred to an “Arbitrator” to be appointed out of a panel of names proposed by both sides. However, this arbitration will not be part of the JCM scheme. Accordingly, after due consultation with the Staff Side of the National Council (JCM), it has been decided to appoint Justice N.P.Singh, as Arbitrator during the currency of his appointment as Chairman of Board of Arbitration under J.C.M. The proposed appointment will be in addition to present assignment without any separate remuneration. The recommendation of the Board of Arbitration will be subject to approval of Union Cabinet.
2. The items pertaining to National Anomaly Committee will be centrally referred by DOPT to the arbitrator and those from the respective Departmental Anomaly Committees, will be referred directly by the concerned Ministries / Departments, after obtaining the relevant items from the Secretary / Leader, Staff Side in the Departmental Council concerned. For this purpose, a set of five copies consisting of Staff Memorandum as well as official brief and other related papers as in the proforma annexed is required to be sent to the Arbitrator (1108, Ansal Bhavan, 16 KG Marg, New Delhi-1), a copy thereof being also endorsed to Staff Side from whom the concerned item was received, as well as, to P.I.C. Section of this Department.
3 The cases will be contested / presented by the respective Ministries / Departments to which the matter pertains, after due consultation and concurrence of the Department of Expenditure and DOPT. The arbitrator may arrive at his recommendations based on written statements submitted by both parties. It will, however, be open to the Arbitrator or the individual parties to selectively ask for oral submission in any particular case.
4. Ministries / Departments are required to seek approval of the Cabinet before implementation of the recommendations of the Arbitrator as indicated above.
HINDI VERSION WILL FOLLOW.
(Ranbir Singh)
Under Secretary to the Govt. of India
Tel: 309 4678
All Ministries / Departments
Copy for information to:
1. Justice N.P.Singh, Chairman, Board of Arbitration (JCM) 1108, Ansal Bhavan, 16 KG Marg, New Delhi-110001 w.r.t. his letter No.2/1/2000-BA(JCM)/89 dated 29th May, 2001
2. Department of Expenditure w.r.t. IC U.O.No.14/1/2001-IC dated 31.7.2002
3. Ministry of Labour (Shri J.P.Pati, J.S.) w.r.f. d.o. letter No. L-59025/2/2001-Admn.III Dated 21st June, 2002
4. D.O. (PIC), DOPT for suitable action in respect of items pertaining to National Anomaly Committee.
5. Secretary, Staff Side, National Council (JCM), 13-C, Feroz Shah Road, New Delhi w.r.t. letter No.NC-JCM-97/5th CPC(Anomaly)-1dated 29.5.2002. As already conveyed vide letter No.19/3/2000-JCA dated 12.6.2000, six copies each of the items with explanatory note as in the prescribed proforma, proposed to be sent for arbitration may be sent to DOPT for appropriate action.
6. Shri Karan Singh, Director, DOPT, Lok Nayak Bhavan, New Delhi.
7. All Members of the National Council(JCM)
8. All Members of the Departmental Council of DOPT.
ANNEXURE-I
PROFORMA (
Staff Side) FOR REFERENCE OF CASES TO ARBITRATOR WHERE A DISAGREEMENT
HAD BEEN RECORDED IN THE DEPARTMENTAL ANOMALY COMMITTEE.
ITEM NO. ----/D.A.C.
(iv)
Documents,
extracts from document or copies of such documents referred to may also be
attached.
NAME, TELEPHONE NUMBER, POSTAL ADDRESS and e-mail address of the staff representative concerned with the item.
ANNEXURE-II
PROFORMA (
Official Side) FOR REFERENCE OF CASES TO ARBITRATOR WHERE A DISAGREEMENT
HAD BEEN RECORDED IN THE DEPARTMENTAL ANOMALY COMMITTEE.
ITEM NO. ----/D.A.C.
(iii) The grounds on which the Staff Side
demand may be rejected
(iv
) Documents, extracts from
document or copies of such documents referred to may also be attached.
NAME,
TELEPHONE NUMBER, POSTAL ADDRESS and e-mail address of the officers concerned
with the item.