The Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides for reference of cases to arbitration if so desired by the Official Side or the Staff Side in subjects for which compulsory arbitration is provided.

        2.     Before a case is referred to a Board of Arbitration, the following conditions will have to be satisfied:

1. the subject should be one for which compulsory arbitration is provided according to the provisions of clause 16 of the Scheme;

2. the dispute should have been considered either by the National Council or the appropriate Departmental Council. If there is a dispute relating to an arbitrable matter in a lower Council it will have to be placed before the Departmental Council concerned;
   

3. a final disagreement between the Official Side and the Staff Side should be recorded; and

4. there must be a specific request for reference to arbitration by either the Official Side or the Staff Side.

        3.      The following procedure may be adopted in processing requests for arbitration:

From the National Council, the request for arbitration will be made directly to the Secretary, Ministry of Labour by the Home Ministry on behalf of the National Council. This will be in the form indicated in the Annexure.

From the Departmental Councils, the communication to the Ministry of Labour, as in the Annexure, may be routed through the Ministry of Home Affairs. The Ministry of Home Affairs will forward the reference to the Ministry of Labour within a period of 15 days. This time-limit will be strictly observed.

4.      It is requested that the procedure indicated above for reference of cases to the Board of Arbitration may be adopted in the Departmental Councils of all Ministries/Departments.

**************

        Ministry of Home Affairs had in their D.O. letter No. 4/1/67-JCA, dated the 10^th March, 1967 indicated briefly procedure to be followed in transaction of business in Joint Councils. The conduct of business in the various Joint Councils. The conduct of business in the various Joint Councils could be smoother if some of the points indicated below are observed:-

1. Application of the Scheme to classes/grades of employees.-

Para 16 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees lays down that compulsory arbitration would be limited to - (a) pay and allowances; (b) weekly hours of work and (c) leave, for a class or grade of employees. It is, therefore, to be seen that when an item relating to any of these heads is proposed by the Staff Side for inclusion in the agenda of a Council, it should relate to a class or grade of employees. As regards items which are non-arbitrable, though no hard and fast rule can be laid down that each item should relate to a class or a grade of employees, it would be better in order to avoid confusion that the item to be included in the agenda is as precise as possible and indicates clearly the category or categories of employees to which it relates. If necessary the sponsor should be requested to recast his note so that his case is presented cogently and logically supported by all the facts. The note should indicate where possible, the approximate financial implications of the proposal as well.

2. Compulsory Arbitration.-According to the provisions of clause 16 of the Scheme, compulsory arbitration shall be limited to:-

        (i)     pay and allowances;

        (ii)     Weekly hours of work; and

(iii)    Leave.

    of a Class or grade of employees.

The Ministry of Home Affairs had in their Office Memorandum No. 6/2/67-JCA, dated the 2^nd February, 1968, indicated the procedure for referring cases to the Board of   Arbitration set up under clause 19 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees. It may be pointed out in this connection that not all issues which involve an increase in emoluments come automatically within the scope of clause 16 of the Scheme. Thus a request for advance increment under F.R. 27 within the same scale of pay should not be treated as coming within the scope of compulsory arbitration though it involves an increase in emoluments. This is because the powers under F.R. 27 are administrative powers to be exercised at the discretion of the head of the department and are not directly  related to general claims for increases in emoluments to off set rising costs of living  or for other reasons like overtime etc. In case of doubt as to whether an item is  arbitrable or not, advice may be sought of the Ministry of Finance/Home Affairs, as the case may be.

3. Items for which compulsory arbitration is not available.- According to clause 13 of the Scheme, on a matter for which compulsory arbitration is not provided, Government have to take action according to its own judgment. However, a convention has been evolved under which the staff side, if they so desire can place their point of view in respect of  disagreements on non-arbitrable items before a Committee of Ministers, which would consist of the Home Minister, the Labour Minister and the Minister administratively concerned with the particular subject. 

4. Authority of Official Side representatives in cases involving pay revision.- Attention is invited to Ministry of Finance Memorandum No. 5(1)-E(Co-ord)/67,  dated the 3^rdNovember, 1967, clarifying the position regarding the authority of  official side   representatives to take decisions on behalf of Government at meetings of Joint Councils whether it be at the Departmental level or at the  National level, particularly in cases where pay revision is involved. The official side   representatives should obtain prior approval of competent authority in all cases   whether it relates to pay or otherwise, before attending meetings of the Joint Councils at the Departmental or National level.

5. Informing Cabinet of differences relating to pay claims.-The Ministry of Home Affairs have received some cases for reference to the Board of Arbitration which involve pay revision of certain categories from the different Departmental Councils.

Before a case is referred to a Board of Arbitration, the following conditions will have to be satisfied:-

1. the subject should be one for which compulsory arbitration is provided according to the provisions of clause 16 of the Scheme;

2. the dispute should have been considered either by the National Council or the appropriate Departmental Council. If there is a dispute relating to an arbitrable matter in a lower Council, it will have to be placed before the Departmental Council concerned;

3. a final disagreement between the Official Side and the Staff Side should be recorded; and

4. there must be a specific request for reference to arbitration by either the Official Side or the Staff Side.

    (i)    The procedure for making requests to a Board of Arbitration, which was indicated in this Ministry’s O.M. No. F. 6/2/67-JCA, dated the 2^nd February, 1968, is briefly as follows:

1. From the National Council, the request for arbitration will be made directly to the Secretary, Ministry of Labour by the Home Ministry on behalf of the National Council.

2. From the Departmental Councils, the communication to the Ministry of Labour may be routed through the Ministry of Home Affairs.

2. The procedure for drafting, the terms of reference for arbitration in respect  of subjects covers by the National Council, shall be as indicated below:-

1. The terms of reference should be finalized by the Ministry primarily concerned with the subject matter of the disagreement in consultation with Home Ministry. The Finance Ministry will be consulted if the subject under dispute is one which has financial implications. In matters relating to pay and allowances Finance Ministry would finalise the terms of reference in consultation with the administrative Ministry concerned.

2. The terms of reference so finalized and incorporated in the proforma prescribed for making a reference to arbitration would be forwarded by the Ministry concerned or Finance Ministry, as the case may be, to the Home Ministry for onward transmission to the Ministry of Labour.

    (iii)  The procedure for drafting the terms of reference for arbitration in respect of subject covered by the Departmental Council shall be as indicated below:-

1. The terms of reference should be finalized by the administrative Ministry. The Finance Ministry will be consulted if the subject under dispute is one which has financial  implications.

2. The terms of reference so finalized and incorporated in the proforma prescribed for making a reference to arbitration would be forwarded by the Ministry concerned or Finance Ministry, as the case may be, to the Home Ministry foronward transmission to the Ministry of Labour.

    (iv)  In view of the existing ban on pay revision and the fact that an arbitration award is  binding unless modified by Parliament, it is desirable that the Ministries / Departments concerned keep the Cabinet informed of the  disagreements in the concerned Departmental Councils on matters relating to pay/allowances. A report should, therefore, be made to the Cabinet as soon as a  reference for arbitration on an item relating to pay and allowances is received. A copy of the report may also be endorsed to the Home Ministry and also to Ministry of Finance, for information. On arbitration claims following disagreements relating to pay and allowances which occur in the National Council the Ministry of Finance would apprise the Cabinet of the position.

        The undersigned is directed to refer to this Department’s O.M.No.4/2/79-JCA dated the 20^th July, 1980, in which consolidated and comprehensive instructions were issued about the procedures to be followed regarding functioning of, and recording of agreements / disagreements in the Departmental Councils. In spite of these instructions, several cases have of late come to the notice of this Department where the procedures laid down therein have been found to have not been followed. It is, therefore, again emphasised that the following instructions should be borne in mind for strict observance and compliance.

1. Items suggested by the Staff Side of the Departmental Councils are sometimes not scrutinised properly in advance, and after discussion of the item in the Departmental Council the Staff Side is told to take it up in the National Council as the item merited to be discussed only there. Subsequently, if the Staff side do not accept this contention of the Official Side, this Department is requested to advise about the course of action to be taken. Such a situation is embarrassing to this Department apart from giving the staff side a justifiable cause for complaint about improper functioning of the JCM at the Departmental level. It is, therefore, imperative that the demands of the staff side made in the Departmental Council should be scrutinised in advance, and the Ministries / Departments concerned should take a view in the first instance if considered necessary in consultation with Department of Personnel & A.R., as to whether they fall within the jurisdiction of the Departmental Council or in the National Council. In the latter case, the Staff side should be advised suitably. After admission of an item, it would not be proper for the Official side to disown the item or for the Chairman to disallow discussion on the ground of conflict or jurisdiction.

2. If the staff side of the Departmental Council do not accept the official side view about the arbitrability of an item under the Scheme for JCM, the matter should be referred to Department of Personnel and A.R. by name to the Joint Secretary or Deputy Secretary in-charge of JCA Section. Till such advice is available, no final disagreement on the disputed item should be recorded, and, the staff side in the Council / Committee asked to await the advice of the Department of Personnel and A.R. as the final authority for deciding on the arbitrability of the issues under the JCM Scheme. There, indeed, would be positive advantage in consulting the Department of Personnel in cases of anticipated disagreement.

3. It has been observed in many cases that on the staff side contesting the view of the official side about the arbitrability of a particular item under clasue 16 of the JCM Scheme, the Ministries / Departments concerned consult the Ministry of Law directly and this Department is kept in the dark. Law Ministry have opined that the Department of Personnel and A.R. alone is competent under the Government of India ( Allocation of Business ) Rules to decide on all matters relating to the Scheme for JCM including the arbitrability of the item for Joint Councils. It is only proper that such consultation with the Ministry of Law, if necessary, should be done by this Department, who, thereafter, on the basis of uniform policy followed, practice adopted, and precedent cases, will advise the Ministries / Departments suitably. The practice of various Departments seeking direct advice from their accredited legal advice branches giving rise to expression of different legal opinion on the arbitrability of similar or same items in different Councils is not only irregular but also creates an embarrassing situation for this Department. It may be ensured that such situations do not arise in future.

4. It has also been observed that at the meetings of the Joint Council and its Committees, the official side, in order to project a favourable image before the staff side, has sometimes the tendency to say that though it is favourably inclined to the demand, other Departments of the Government are responsible for its non-acceptance. Such indication of individual stand on the staff side demand would not only be embarrassing but also premature and creates, in the long run, difficulties for the Government. In no case should it be indicated the stage at which, and the Department where, the proposal is under consideration. As emphasised earlier, vide our O.M. dated the 20^th July, 1980, when the official side takes a view on the staff side demand, after consultation with the Ministry of Finance etc., if necessary, in advance, it is done on behalf of the Government as a whole and it is not proper to take the stand at the meeting with the staff side that the Ministry of Finance, etc. do not agree to the proposal. This causes unnecessary and avoidable embarrassment and should not arise in future.

2. The Ministry of Finance etc., are requested to follow the procedures mentioned above strictly.

***************

        In accordance with the instructions contained in this Department’s OM No.4/2/79-JCA, dated the 20^th July, 1980 and 11^th 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 Cabinet’s 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.

1.     In accordance with the instructions contained in the Department of Personnel and Administrative Reforms’ OM Nos.4/2/79-JCA, dated the 20^th July, 1980, and 11^th 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.

*****************

1. On receipt of a reference by the Board, it will be registered and numbered as CA/______________of ___________(year).

2. Notice to the first party to the Reference will be issued of the receipt of the Reference. It will also be requested to send eight copies of its statement  of case within 21 days to the Board and to supply one copy there of simultaneously to the second party.

3. Notice to the second party to the Reference will be issued on the receipt of the Reference and also of the fact that the first party’s statement of case will be supplied to it direct by the first party.

4. The second party will file eight copies of its counter statement with the Board within 15 days of the receipt of the statement of case from the first party and will simultaneously send one copy of the same to the first party.

1. On receipt of the counter statement, the first party shall file eight copies of its rejoinder, if any, within 10 days of the receipt of the counter statement and simultaneously send a copy thereof to the second party.

2. The statement of case should include, amongst other relevant facts, the following particulars :-

1. Addresses of the parties for purposes of correspondence.

2. Categories of employees and the number of employees in each category who are affected by the Reference, (if necessary).

3. The departments concerned in the Reference.

4. The nature of claims and details thereof, such as, present position, and modification demanded.

5. The grounds in support or in opposition of the claim, and

6. Such other particulars as may be relevant and necessary to the giving of the award.

    7(1)    Each party with its statement of the case will file documents, extracts from documents or true copies of such documents or extracts on which it wants to place reliance during the hearing.

Provided that the Board or the Chairman may permit a party to file additional documentary data at any stage of the proceedings.

Provided further that if the Board or Chairman considers that certain material which is relevant and necessary for giving the award, should be brought on the record by the party which is directed to do so.

    7(2)    Oral evidence may be permitted at the discretion of the Board, if any party desires to produce it.

8. The Board may pass such interim orders as it may think necessary. It may also adjourn the hearing as it thinks convenient and necessary.

9. The meetings of the Board will be arranged by the Chairman in consultation with the members of the Board and, as far as possible, in accordance with the convenience of the parties.

10. Preliminary Proceedings: The Chairman alone shall take all preliminary steps and pass necessary interlocutory orders to get case ready for actual hearing by the Board.

11. After hearing the representatives of the parties, the Board will give its award. Where there is disagreement among the members, the Chairman will make an umpire’s award. No counsel will appear before the Board to represent a party to the Reference.

12. Copies of the award will be sent to :

1. each member of the Board,

2. each party of the Reference and

3. the Labour Ministry to who two copies will be sent.

        In the last meeting of the National Council held on 10^th/11^th July, 1985, the Staff Side Secretary had referred to certain procedural difficulties leading to delay in implementing the recommendations of the Board of Arbitration. Though no time- frame for implementation of these recommendations has been specified in the JCM Scheme, the Staff Side felt that   this need not be taken as an excuse for delaying any arbitration recommendation beyond any reasonable limit of time. He, therefore, urged that the Scheme needed to be clarified in this regard.

2.     As you are already aware, Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides for remittance of disputes on items specified in Clause 16 of the JCM Scheme to the Board of Arbitration, if either of the  parties so desire. In case, however, there is any doubt about the arbitrability or otherwise of an item raised by the Staff Side for discussion in the Joint Councils, instructions already exist that advice of this Department (JCM Division) should be obtained at the earliest possible stage. When the Staff Side cannot be persuaded in the first meeting to the Official-line of thinking, action may also simultaneously be taken for obtaining approval of the Cabinet for recording final disagreement (if the item is arbitrable) after following the prescribed procedure (e.g. obtaining prior approval of the Cabinet after getting the Cabinet Note cleared by this Department (JCM Division). This ensures the recording of formal disagreement without much delay.

3.     After recording the formal disagreement, and if requested by the Staff Side, immediate action may be taken to finalise the terms of reference for the Board of Arbitration, which need not take more than four weeks or so and the same may be forwarded to this Department without much delay for onward transmission, after necessary scrutiny at this end, to the Ministry of Labour for setting up of the Board of Arbitration.

4.     On the receipt of the recommendations by the Administrative Ministry/Department concerned, expeditious action may also be taken to examine the implications of the recommendations in consultation with this Department, and the Ministry of Finance if necessary, to decide whether the recommendation could be implemented straight away or rejected/ modified as required under Article 21 of the JCM Scheme. If it is decided to reject/modify the recommendation of the Board of Arbitration, Cabinet approval must be taken after going through the procedure of consulting this Department (JCM Division) or Ministry of Finance (if necessary) and taking suitable steps to obtain Parliament’s specific directions on the suggested rejection/ modification. This action should be initiated within four weeks or so of the receipt of the recommendation of the Board of Arbitration.

5.     I am sure if the steps are taken at every stage with required urgency, the Staff Side misgiving on this score will be largely if not substantively, dispelled.

        With regards,

Yours sincerely,

Sd/-
( BATA K DEY )
Director (JCA)

            As required under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees, items discussed in the Departmental Councils in various Ministries/ Departments as also in the National Council which are arbitrable and on which disagreement is recorded in the Joint Councils are required to be referred to the Board of Arbitration, if so requested by the Staff Side. Such cases are referred to the Ministry of Lanour for onward transmission to the Board of Arbitration through this Department.

2.     The Staff Side of the National Council have for some-time past, been complaining about the delay in the disposal of the arbitration cases by the Board of Arbitration.

3.     The Ministry of Finance etc. are requested that they may keep a watch over the cases relating to their Ministry/Department which have been referred to the Ministry of Labour for arbitration and they may remind Ministry of Labour (Adm.I Section) for expeditious finalisation of the pending cases, through the Board of Arbitration, under intimation to this Department. If necessary, even the Board of Arbitration may be politely and discretely requested for prompt hearing of the cases pending before them. Needless to say, all the Ministries will no doubt arrange for effective and adequate advocacy of Government cases. It should be enjoined upon officers who argue on behalf of the Government that they must prepare the case well in advance with reference to all relevant data, requisite documents and required answers to the possible supplementaries/ questions that may be raised by the Hon’ble members of the Board of Arbitration.

4.     The Ministry of Finance etc. are also requested to prepare a list of such cases on which the Board of Arbitration have not yet completed their hearings till date, and forward the same to this Ministry (JCM Division) and to the Ministry of Labour (Admn.I Section) for getting such cases expedited at the Board level.

**********

        The undersigned is directed to refer to the instructions contained in this Department’s earlier communications mentioned below* on the above subject and to say that the question of determining the authority who should take a final decision in regard to the arbitrability of an issue under para 16 of the JCM Scheme has been under consideration. The matter was placed before the Group of Ministers who have decided that :-

1. the dispute whether any particular issue is arbitrable under para 16 of the JCM Scheme may be referred to the Attorney-General for his opinion.

2. each side may present its views in writing to the Attorney-General and there may be no hearing.

3. the opinion of the Attorney-General will be binding on both the parties.

2.     In view of the aforesaid decision, the following procedure may now be followed in the Departmental Council before signing disagreements :-

2.1     If there is a dispute in the Departmental Council on the arbitrability of an issue after it has been decided to sign a disagreement on the issue, the matter may first be referred to the Department of Personnel and Training to ascertain whether the item would be  arbitrable.

2.2     If the Department of Personnel and Training is also of the view that the item is not arbitrable, the issue will further be processed by the Department of Personnel & Training as per the decision taken by the Group of Ministers mentioned in Para 1 above.

3.     The approval of the Cabinet may be obtained for recording disagreement in the Departmental Councils as and when it is finally decided that the item is an arbitrable one.

4.     While adopting the procedure outlined in the preceding paragraphs it should be ensured that there is no unavoidable delay at any stage so that the disagreement could be recorded in the concerned Departmental Council without giving any cause of grievance for delay to the Staff Side.

                                                                                                    Sd/- Mrs.K.N.K.KARTHIAYANI
                                                                                    DIRECTOR (JCA)
                                                                                                                                                                              

* (1) OM No.6/2/68-JCA dt. 25.2.70
   (2) O.M.No.4/2/79-JCA dt.20-7-80
   (3) O.M.No.4/2/79-JCA dt. 11.11.82
   (4) O.M.No.6/26/82-JCA dt. 17.11.82
   (5) DO No.3/23/85-JCA dt.7.10.85

   (Reproduced on pages ………………………in the JCM Brochure)

***********

        In a recent meeting they had with Cabinet Secretary, some members of the Staff Side of the National Council had expressed their concern over the delay in the implementation of the Awards given by the Board of Arbitration under the JCM Scheme.

2.   The matter has been considered in great detail by the Committee of Secretaries in their meeting held on 8^th April, 1988. The Committee have taken decisions on the procedure and time-schedule for processing the case relating to arbitrable issues which are enumerated below. The Ministries / Departments are requested to follow the same:-

1. Before a disagreement is recorded, the concerned Ministry must obtain approval of the Cabinet for the same. The Draft Note for the Cabinet may be prepared on the lines of the model Note already circulated by this Department in O.M.No.6/26/82-JCA (*) dated the 17^th November, 1982 and  the case may be processed further without any unavoidable delay. After obtaining the approval of the Cabinet, the disagreement could be recorded  formally in the Departmental Council concerned / National Council. This procedure should be completed within two months’ time from the date it is decided to record a disagreement.

Two months’ time for recording disagreement

2.    If the Staff Side request for making a reference to the Board of Arbitration on the arbitrable item on which disagreement has been recorded, the request for reference to  the Board of Arbitration in the prescribed form (enclosed with the O.M. No.6/2/67-JCA, (*) dated the 2^nd February, 1968) along with an extract of the Cabinet decision for recording disagreement, may be forwarded to this Department ( in duplicate), for onward transmission to the Ministry of Labour for making a reference to the Board of  Arbitration. This should be done within two month’s of such a request from the Staff Side.

Two months’ time for transmissions of cases to Labour Ministry

3. The Labour Ministry would submit it for arbitration, within 7 days of the receipt of the case.

            Seven days’ time limit for transmittal of case to the Board of Arbitration by Ministry of Labour.

4. It has also been felt that the case for the Govt. is not adequately argued before the Board of Arbitration and subsequently the Govt. is forced to reject the Award given by the Board of Arbitration. In order to ensure that all aspects of the case are fully and correctly presented to the Board of Arbitration, it has been decided that before the terms of reference are sent by the Ministry to this Department as envisaged in sub-para (2) above, the views of the Department of Personnel & the Ministry of Finance (Department of Expenditure) would be obtained as regards how the case should be presented before the Arbitrators.

5. Before accepting / rejecting an Award, the case would be placed before the Committee of Secretaries after which the concerned Department or Ministry would submit the case to the Minister of State or Cabinet Minister-in-charge of the Department for acceptance / rejection of the Award. It is, therefore requested that suitable action may please be taken to obtain the approval of the Committee of Secretaries, before accepting / rejecting the Award. In the event of the Award being accepted with the approval of the Committee of Secretaries, the Orders may be issued straightaway under intimation to this Department. In the event of rejection of the Award, as approved by the Committee of Secretaries necessary action may be taken according to the standing instructions for obtaining the approval of the Cabinet for placing suitable Statements on the Table of both Houses of Parliament as required under para 21 of the JCM Scheme.

6. After the decision (Award) of the Board of Arbitration is received, the Award would either be implemented or Statements laid on the Table of both the Houses of Parliament within six months (proposing modification / rejection of the Award).

Six months’ time for laying Statements in Parliament.

7. As soon as Government have laid on the Table of both Houses of Parliament, their Statement for modification / rejection of the Award, the Secretary of the Staff Side of the National Council or of the Ministry / Department concerned would be suitably informed.

8. The JCM cell of the Department of Personnel would monitoring the National level JCM cases and individual Departments would monitor cases with which they are concerned. However, the Department of Personnel will collect information from all.

9. Guidelines for monitoring the cases as above are being issued separately.

Sd/-
Smt. K.N.K. Karthiayani
Director, JCA

********


 

        The undersigned is directed to refer to this Department’s O.M. of even number dated the 10^th June, 1988 laying down the procedure and time schedule for processing the  cases relating to arbitrable issues.

2.     It has now been decided that in respect of awards of the Board of Arbitration (JCM) which are proposed to be rejected / modified after obtaining Cabinet approval a formal Resolution may be moved in Parliament to seek the approval of Parliament for rejection / modification of the award in question instead of just placing the statement of modification / rejection on the Tables of both the Houses. The instructions in paras 5,6 and 7 of the O.M. of even number dated 10.6.1988 may be treated as suitably modified to the extent mentioned above.

3.    The draft of the Resolution mentioned in para 2 above may please be shown to this Department.

                                                                                                Sd/-
                                                                        (SMT.KNK KARTHIAYANI)
                                                                                        Director (JCA)

***********

        The undersigned is directed to refer to this Department’s O.No.3/23/85-JCA dated the 10^th June, 1988 and 20^th February, 1989 on the above subject, which inter-alia provides that the approval of the Parliament would be sought in respect of Awards of the Board of Arbitration which are proposed to be rejected / modified by way of moving a Resolution in both the Houses of Parliament.

2.     The Staff Side had been demanding that they may be informed about the Government’s proposal to modify or reject an Award. The issue had been considered in the Standing Committee meeting of the National Council (JCM) held on 7^th March, 1990 wherein it was decided that the Staff Side would be intimated immediately after a decision is taken to reject or modify the Award. However, it would not be possible to inform the Staff Side the exact date on which the Resolution would be moved in parliament as it would not be possible to anticipate the business before the Parliament, well in advance.

3.     The above decision of the Standing Committee is brought to the notice of all concerned for information and necessary action.

                                                                                                     Sd/-
                                                                            Mrs. K.N.K.KARTHIAYANI
                                                                                    DIRECTOR (JCA)

No. 2/10/80/-JCA
CENTRAL CIVIL SERVICES (RECOGNITION OF SERVICE ASSOCIATIONS) RULES, 1993

G.S.R. 689(E).-In exercise of the powers conferred by the proviso to article 309 and  clause (5) of article 148 of the Constitution, after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts  Department, and in supersession of the Central Civil Services (Recognition of  Service Associations) Rules, 1959 except as respects things done or omitted to be  done before such supersession, the President hereby makes the following rules, namely :

    1.     Short title and commencement : (1) These rules may be called the Central Civil Services (Recognition of Service Associations) Rules, 1993.

    (2)    They shall come into force on the date of their publication in the Official Gazette.

    2. Definition : In these rules, unless the context otherwise requires, -

1. "Government" means the Central Government.

2. "Government servant" means any person to whom the Central Civil Services (Conduct) Rules, 1964, apply.

    3.     Application : These rules shall apply to Service Associations of all Government servants including civilian Government servants in the Defence Services but shall not apply to industrial employees of the Ministry of Railways and workers employed in Defence Installations of Ministry of Defence for whom separate Rules of Recognition exist.

    4.     Service Associations already recognized : A Service Association or a Federation which has been recognized by the Government before the commencement of these rules and in respect of which the recognition is subsisting at such commencement, shall continue to be so recognized for a period of one year from such commencement or till the date on which the recognition is withdrawn, whichever is earlier.

    5.     Conditions for recognition of Service Associations : A Service Association which fulfills the following conditions may be recognized by the Government, namely :-

1. An application for recognition of Service Association has been made to the Government containing Memorandum of Association, Constitution, Bye-laws of the Association, Names of Office-Bearers, total membership and any other information as may be required by the Government;

2. the Service Association has been formed primarily with the object of promoting the common service interest of its members;

3. membership of the Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants’ being eligible for member-ship of the Service Association;

4. (i)    The Association re-presents mini-mum 35 per cent of total number of a category  of employees provided that where there is only one Association which commands more than 35 per cent membership, another Association with second highest  membership, although less than 35 per cent may be recognized if it  commands  at least 15 per cent member-ship;

(ii)    The member -ship of the Government servant shall be automatically  discontinued on his ceasing to belong to such category;

5. Government employees who are in service shall be members or office bearers of the Service Association;

6. the Service Association shall not be formed to represent the interests, or on the basis, of any caste, tribe or religious denomination or of any group within or section of such caste, tribe or religious denomination;

7. the Executive of the Service Association has been appointed from amongst the members only; and

8. the funds of the Service Association consist exclusively of subscriptions from members and grants, if any, made by the Government, and are applied only for the furtherance of the objects of the Service Association.

    6.     Conditions subject to which recognition is continued : Every Service Association recognized under these Rules shall comply with the following conditions, namely :-

1. the Service Association shall not send any representation or deputation except in connection with a matter which is of common interest to members of the Service Association.

2. the Service Association shall not espouse or support the cause of individual Government Servants relating to service matters;

3. the Service Association shall not maintain any political fund or lend itself to the propagation of the views of any political party or a member of such party;

4. all representations by the Service Association shall be submitted through proper channel and shall be addressed to the Secretary to the Government/Head of the Orgnisation or Head of the Department or office;

5. a list of members and office bearers and up-to-date copy of the rules and an audited statement of accounts of the Service Association shall be furnished to the Government annually through proper channel after the general annual meeting so as to reach the Government before the 1^st day of July each year.

6. The Service Association shall abide by, and comply with all the provisions of its constitution/by-laws;

7. Any amendment in the constitution/by-laws of the Service Associations, after its recognition under these Rules, shall be made only with the prior approval of the Government;

8. The Service Association shall not start or publish any periodical, magazine or bulletin without the previous approval of the Government;

9. The Service Association shall cease to publish any periodical, magazine or bulletin, if directed by the Government to do so, on the ground that the publication thereof is pre-judicial to the interests of the Central Government, the Government of any State or any Government authority, or to good relations between the Government of India and the Government of India and the Government of a foreign state;

10. the Service Association shall not address any communication to, or enter into correspondence with, a foreign authority except through the Government which shall have the right to withhold it;

11. the Service Association shall not do any act or assist in the doing of any act which, if done by a Government servant, would contravene any or the provisions of the Central Civil Services (Conduct) Rules, 1964; and

12. Communications addressed by the Service Association or by any office-bearer on its behalf to the Government or a Government authority shall not contain any disrespectful or improper language.

    7.     Verification of membership : (1) The verification of membership for the purpose of recognition of a Service Association shall be done by the Check-Off-System in pay-rolls at such intervals and in such manner as the Government may by order prescribe.

(2) The Government may, at any time, order a special verification of membership if it is of the opinion, after an enquiry, that the Service Association does not have the membership required under sub-clause (i) of clause (d) of rule 5.

   8.     Withdrawal of Recognition : If, in the opinion of the Government, a Service Association recognized under these rules has failed to comply with any of the conditions set out in rule 5 or rule 6 or rule 7 the Government may after giving an opportunity to the Service Association to present its case, withdraw the recognition accorded to such Association.

    9.     Relaxation : The Government may dispense with or relax the requirements of any of these rules to such extent and subject to such conditions as it may deem fit in regard to any Service Association.

    10.     Interpretation : If any question arises as to the interpretation of any of the provisions of these rules or if there is any dispute relating to fulfillment of conditions for recognition it shall be referred to the Government, whose decision thereon shall be final.

[ F.No. 2/10/80-JCA (Vol.IV)]
J.S. Mathur, Jt. Secy.

        The undersigned is directed to say that as a matter of policy, Departments negotiate or correspond only with such of the Associations / Unions which have been granted recognition under the relevant Rules / Instructions.

2.     The Central Civil Services (Recognition of Service Associations) Rules, 1993, cover all Central Government Employees (including Industrial Workers), to whom the CCS (Conduct) Rules, 1964 apply, excepting industrial employees of the Ministry of Railways and workers employed in Defence Installations in the Ministry of Defence. The question whether the Associations / Unions recognized under the aforesaid Rules may be allowed to form Federation, has been under consideration. After careful consideration, it has now been decided that the administrative Ministries / Departments may consider granting recognition to Federations with the approval of the Minister-in-charge subject to the condition that the affiliated Unions / Associations are recognized under the aforesaid 1993 Rules. For this purpose, following documents are required to be submitted by the Federation seeking recognition:

1. Constitution and bye-laws

2. Authorisation letters of the Unions / Associations affiliated to the proposed Federation.

3. Membership of the individual affiliated recognized Unions / Associations based on the verification of membership under the check-off-system along with list of the office bearer, and the categories represented by them.

4. Names of the office bearers of the Federation.

2.1     The relevant provisions of the 1993 Rules are being amended separately.

3.     It will be open to the Government to withdraw recognition at any time after giving an opportunity to the Federation to present its case, if they fail to comply with any of the conditions prescribed under Rule 6 of the aforesaid Rules or any other condition as may be prescribed in this regard.

3.1    It is also clarified that the continued existence of a Federation depends on the status of its affiliated Unions / Associations. The recognition of the Federation shall stand withdrawn if at any time its affiliated associations / unions are either derecognised for any reason or its affiliated Association / Union withdraw their affiliation to the said Federation, or, for any other related contingency.

4.     If any Ministry / Department had granted recognition to any Federation, the same may be withdrawn immediately, if the above guidelines are not satisfied. The concerned Federation, if they so desire, may submit a fresh application seeking recognition in accordance with these guidelines.

5.     These guidelines shall not apply to the industrial workers of Railways and Defence.

6.     Before the proposal for grant of recognition to the Federations is processed, the Ministries/ Departments may refer one sample case to the Department of Personnel and Training for vetting of the draft Constitution and other relevant documents submitted by the Federation.

Hindi version will follow.

Sd/-
(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.

 

*****************

 

    The undersigned is directed to say that in terms of an agreement with the Staff Side of the National Council, it has been decided that appropriate Anomaly Committees
should be set up, consisting of representatives of the Official Side and the Staff Side to settle the  anomalies arising out of the implementation of the 5^th Pay Commission’s recommendations, subject to the following conditions, namely:

(1) Definition of Anomaly

    Anomaly will include the following cases:

(a) Where the Official Side and the Staff Side are of the opinion that the vertical/horizontal relativities have been disturbed as a result of the Fifth Central Pay Commission. Report in a manner leading to grave dissatisfaction and adverse impact on efficiency;

(b) Where the Official Side and the Staff Side are of the opinion that any recommendation is in contravention of the principle or the policy enunciated by the Fifth Central Pay Commission itself without the Commission assigning any reason; and

(c ) Where the maximum of the revised scale is less than the amount at which one is entitled to be fixed except in those cases where the same is as a result of modified fixation formula adopted by the Government; and

(d) Where the amount of revised allowance is less than the existing rate.

(2) Composition:

    There will be 2 levels of Anomaly Committees, National and Departmental, consisting of representatives of the Official Side and the Staff Side of the National Council and the Departmental Council respectively.

(3)     The Departmental Anomaly Committee may be chaired by the Additional Secretary (Admn.) or the Joint Secretary (Admn.), if there is no post of Additional Secretary (Admn.). Financial Adviser of the Ministry/Department shall be one of the Members of the Departmental Anomaly Committee.

(4)     The National Anomaly Committee will deal with anomalies common to two or more Departments and in respect of common categories of employees. The Departmental Anomaly Committee will deal with anomalies pertaining exclusively to the Department concerned and having no repercussions on the employees of another Ministry/Department in the opinion of the Financial Adviser. The items already settled by the Government on the recommendations of Committee of Secretaries on ‘Fast Track’ items will not be considered again by the Anomaly Committee.

(5)     The Anomaly Committee shall receive anomalies through Secretary, Staff Side of respective Council upto six months from the date of its constitution and it will finally dispose of all the anomalies within a period of one year from the date of its constitution. Any recommendations of the Anomaly Committee to resolve the anomaly shall be subject to the approval of the Government.

(6)     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 the two sides. However, this arbitration will not be a part of the JCM Scheme.

(7)     The Arbitrator so appointed shall consider the disputed cases arising in the Anomaly Committees at the National as well as Departmental level.

(8)     Orders regarding appointment of the Arbitrator and constitution of Anomaly Committee at National Level will be issued separately.

(9)     All Ministries/Departments are accordingly requested to take urgent action to set up the Anomaly Committees for settlement of anomalies arising out of implementation of the 5^th Pay Commission’s recommendations, as stipulated above.

Sd/-
( Smt.Bhavani Thyagarajan)
Director (JCA)

To

All Ministries/Departments of Govt. of India.

Copy for information to the Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi – 110 001.

    The undersigned is directed to refer to the instructions issued by this Ministry vide this Department’s OM of even number dated 6.2.1998 on the above subject and to clarify as under in regard to the composition of the Departmental Anomalies Committees:-

(i)     The Staff Side representatives on the Departmental Anomaly Committee shall be nominated by the Secretary, Staff Side of the respective Councils from amongst the members of the Departmental Council only as it existed on 4.5.95. There shall be only one Anomaly Committee for each Departmental Council.

(ii)     The Anomaly Committee shall receive anomalies only through Secretary, Staff Side of the respective Councils and no other item shall be entertained. The items so remitted shall exclusively relate to employees covered under the JCM Scheme.

2.     Ministries/Departments may review and reconstitute the Anomaly Committee suitably, if necessary.

Sd/-
( Smt.Bhavani Thyagarajan)
Director (JCA)

To

All Ministries/Departments of Govt. of India.

Copy for information to the Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi – 110 001.

*****************

        The undersigned is directed to refer the instructions issued by this Department vide their OM No.19/1/97-JCA dated 5.11.1998 wherein it was inter-alia provided that the Departmental Anomalies Committees may be constituted by nominating staff side representatives on such Committees by the Secretary, Staff Side of the respective councils from amongst the members of the Departmental Council only as it existed as on 4.5.1995. In terms of Rule 4 of the CCS (RSA) Rules, 1993, Service Associations or Federations which were recognised before commencement of these rules were allowed to continue to be so recognised for a period of one year, later extended by six months upto 4.5.1995 to enable them to seek recognition afresh under the said rules. Pending the said process to be completed, the Departmental Councils were allowed to function on the basis of nominations as on 4.5.1995.

2.     It has come to notice that Departmental Councils in certain Departments where not functioning as on 4.5.95 for various reasons and hence the Departmental Anomaly Committees could not be constituted. In such cases it has been decided as per decision in the meeting of the Standing Committee of the National Council (JCM) held on 6.2.2001 that ad-hoc Departmental Anomaly Committees may be set up to look into the pay related anomalies in terms of this Departments OM No.19/1/97-JCA, dated 6.2.1998 by co-opting Financial Advisor, representatives of Ministry of Finance and Department of Personnel & Training and six Staff Side members to be nominated by Secretary, Staff Side, National Council (JCM), Shri U.M.Purohit, 13-C, Ferozeshah Road, New Delhi, from amongst members of the National Council (JCM).

3.     Ministries/Departments may take action accordingly.

Sd/-
( MRS.PRATIBHA MOHAN )
Director (JCA)

To

1.     All Ministries/Departments of Govt. of India.

2.     All Staff Side members of the National Council (JCM) (As per list attached).

3.     All Staff Side members of the Departmental Council of Department of Personnel &  Training.

        The undersigned is directed to refer to the instructions issued by this Department vide their O.M of even number dated 9^th July, 2001, for constitution of Ad-hoc Anomaly Committees in Departments where the Departmental Councils were not functioning as on 4.5.95 to look into pay related anomalies in terms of this Department O.M.No.19/1/97-JCA dated 6.2.1998. The proposed composition consisted of Financial Adviser of the Administrative Ministry/ Department, a representative each from the Ministry of Finance and DOP&T and six Staff Side members to be nominated by the Secretary, Staff Side, National Council (JCM) from amongst the members of the National Council (JCM).

2.     After a further review, it has been decided in modification of the above orders, that the representatives of the Ministry of Finance and the Department of Personnel and Training may not be associated in the proposed Ad-hoc Anomaly Committees.

3.     Ministries/Departments may, therefore, take further action accordingly.

Sd/-
( VIDHU KASHYAP)
Director (JCA)

To

1.     All Ministries/Departments of Govt. of India.

2.     All Staff Side members of the National Council (JCM) (As per list attached).

3.     All Staff Side members of the Departmental Council of Department of Personnel &Training.

    The undersigned is directed to say that in the 36^th Ordinary meeting of the National Council (JCM), Staff Side had raised a demand that norms for sanctioning of posts in various grades may be fixed in consultation with the Staff Side (JCM), existing norms being arbitrary. It was also suggested that staff Unions should be consulted in the matter of implementing SIU reports. In the National Council (JCM) it was agreed that the report of the SIU will be placed before the respective Departmental Councils. However the Councils will not put any impediment in its implementation.

    The above decision is being brought to the notice of all concerned for compliance.

Sd/-
Mrs. K.N.K.KARTHIAYANI
DIRECTOR (JCA)

        The undersigned is directed to refer to this Department’s OM of even number dated 6.2.1992 wherein it has been intimated to place the SIU reports before the respective Departmental Councils. Doubts have been raised in the same quarters as to the modalities for placing the SIU report in the Departmental Council and the further action to be taken thereon. In this connection it is considered appropriate that the SIU report may be placed in the Departmental Council as an official item of the agenda of the Departmental Council. Whereas item is included in the agenda it follows that there will be discussions on this item in the meeting. It may, however, be noted that it has been agreed in the National Council (JCM) that the discussions in the Council will not result in any impediments in the implementation of the recommendations.

2.     Where the SIU report in respect of a Department or an office envisage reduction of Central Secretariat staff and the Departmental Council does not include any representatives of those categories of Central Secretariat Staff, it is requested that the representatives of the concerned CSS Association may be invited to participate in the meeting of the Departmental Council in which the report is placed for discussion.

    Hindi version will follow.

Sd/-
( MRS.KN.K.KARTHIAYANI )
Director (JCA)

To

All Ministries/ Departments of the Government of India etc.

        The undersigned is directed to refer to this Department’s O.M. of even number dated 06.02.94 and 29.04.92 regarding SIU reports wherein it was communicated that the Reports of the SIR will be placed before the respective Departmental Council appropriately as an Official Item of the Agenda, with the stipulation that the Councils will not put any impediment in its implementation. It has, however, been reported that the aforesaid orders of this Department are causing enormous delay thereby resulting in impediments in the implementation of the SIU Reports within the stipulated time of three months as prescribed in the Ministry of Finance O.M. No. 1(57)E (Coord)./80 dad. 20.11.80 and O.M. No. 1(49)E(Coord)/87 dtd. 11.01.88.

2.     The position has, therefore, been reviewed in the light of the decision of the 36^th Meeting of the National Council (JCM) and the status of the implementation of the SIU Reports of various Ministries/Departments which is primarily to assess the functional needs of the organisation. In order to ensure timely implementation of the SIU reports, it has been decided, in supercession of the instructions contained n O.M. of even number dad. 29.04.92, that in future, the SIU Reports will not be introduced as an Agenda Item but will be placed before the respective Departmental Councils.

3.     Ministries/Departments may take necessary action accordingly and ensure that the SIU Reports are implemented within the prescribed stipulated time.

    Hindi Version will follow.

 

Sd/-
( RANBIR SINGH )
UNDER SECRETARY TO GOVT. OF INDIA

To

All Ministries/Departments in the Govt. of India.

Members of the National Council JCM as well as members of the Departmental Council, DOP&T.

Secretary Staff Side, National Council, JCM, 13-C, Firoz Shah Road.

Chief Controller of Accounts, Department of Expenditure/Economic Affairs/revenue, North Block, Room No. 241.

******************

        The undersigned is directed to refer to this Department’s OM of even number dated 13^th September, 1999 regarding SIU Reports wherein it was communicated that the reports of SIU will not be introduced as an agenda item but will be placed before the respective Departmental Councils. The matter was further discussed in the meeting of the Standing Committee of the JCM held on 6^th February, 2001 and the following decision was taken:-

1. The SIU Report will be placed before the respective Departmental Councils. The SIU Report, being an expert study and the assessment of the staff strength being a Management Function, such Reports will only be placed in the Departmental Councils and the Staff Side will be given an opportunity to place their views.

2. The views of the Staff Side on the subject will be kept in view while implementing the recommendations of the SIU Report.

3. The Councils will not put any impediment in its implementation.

4. The SIU Report will not be an arbitrable item i.e. recording disagreement in the event  of Staff Side and the Official Side not agreeing to the Report and the reference to the Group of Ministers and the JCM will not take place.

2.     Ministries/Departments may take necessary action accordingly and ensure that the SIU Reports are implemented within the prescribed stipulated time.

    Hindi Version will follow.

 

Sd/-
( R.K.GUPTA )
Desk Officer (JCA)

To

1.     All Ministries/Departments in the Govt. of India.

2.     Members of the National Council JCM as well as members of the Departmental Council, DOP&T.

3.    Secretary Staff Side, National Council, JCM, 13-C,Firozeshah Road.

4.    Chief Controller of Accounts, Department of Expenditure/ Economic   Affairs/revenue, North Block, Room No. 241.

        The undersigned is directed to say that as per decision in the 36^th Ordinary Meeting of the National Council (JCM) held on 21^st September, 1991, instructions were issued vide this Department’s O.M. of even number dated 6^th February, 1992 that the reports of the SIU may be placed before the respective Departmental Councils before implementation and that the Councils will not put any impediments in its implementations. Subsequently, clarificatory orders were issued in this regard vide Office Memoranda on 29^th April, 1992, 13^th September, 1999 and 11^th June, 2001. As references continue to be received from various Departments seeking clarification, the following procedure based on the above instructions may be followed for dealing with the SIU Reports :

1. The SIU Report, being an expert study and the assessment of the staff strength being a Management Function, such Reports, though not introduced as an agenda item, may be placed before the Departmental Councils of the Administrative Departments / Ministry to which the SIU Reports pertains and the Staff Side will be given an opportunity to express their views.

2. The views of the Staff Side on the subject will be kept in view while implementing the recommendations of the SIU Report.

3. The Councils will not put any impediment in its implementation.

4. The SIU Report will not be an arbitrable item, i.e. recording disagreement in the event of Staff Side and the Official Side not agreeing to the Report and the reference to the Group of Ministers and the JCM will not take place.

2.    It is clarified that where the SIU study reports include posts concerning the Central Secretariat Services also, the matter will be discussed in the Departmental Council of the concerned administrative department and not DOPT Departmental Council. The representatives of the concerned Secretariat Employees’ Association may, however, be invited where the SIU Report include reduction of Central Secretariat Staff also.

2.1.1    The status of Associations representing Central Secretariat employees 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	-do-
3.	Group `D’ Staff Working in the Ministry / Departments participating in the Central Secretariat	-do-
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-

2.2     It is suggested that two representatives each of the recognised association may be invited wherever necessary and where no recognised associations are presently available, the representatives of these categories on the Departmental Council of DOPT may be invited till the concerned associations for these categories obtain recognition. Complete details in regard to office bearers of recognised associations etc. may be obtained from CS.IV Section of DOPT located at Lok Nayak Bhavan, New Delhi.

3.     It is also clarified that the SIU Reports which were earlier circulated in the DOPT Departmental Council and where no finality was reached, may now be processed by the respective Administrative Departments as per the procedure indicated above.

    Hindi version follows.

Sd/-
(Ranbir Singh)
Under Secretary to the Govt. of India Tel: 379 4678

To

1. All Ministries /Departments of the Government of India

2. All Members of the Staff Side of the National Council (JCM)

3. All Members of the Departmental Council, DOPT

4. Secretary, Staff Side, National Council (JCM), 13-C, Ferozshah Road, New Delhi

5. Office of C&AG, (Ms. Revathy Iyer, Principal Director (Staff)

6. Ms. Shankari Murali, DS (CR), DOPT for appropriate action with reference to para 2.