1.    A Scheme for joint consultation with the organizations of Government servants on the pattern of the Whitely Machinery in the U.K. was recommended by the Second Pay Commission (1959). After working out the details in consultation with the leaders of the employees, the Scheme (Appendix I) was introduced in 1966. It broadly covers over 95% of the regular civil employees of the Central Government including industrial employees working in departmentally run undertakings like the Railways and the Workshops/Production Units of various Ministries. The Scheme is a voluntary one, and the Government as well as the Staff Associations/Unions participating in the Scheme are required to subscribe to a Declaration of Joint Intent (Appendix II), which inter alia provides for abjuration of agitational methods by the Staff Unions/Associations for redressal of their grievances.

    2.     The Scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further, of increasing the efficiency of the public service.

    3.     The Scheme covers all regular civil employees of the Central Government, except:

4.     The scope of the Joint Councils includes all matters relating to conditions of service and work, welfare of employees and improvement of efficiency and standards of work, provided, however, that (i) in regard to matters of recruitment, promotion and discipline, consultation is limited to matters of general principles only, and (ii) individual cases are not considered. While the National Council deals only with matters affecting Central Government employees generally, such as pay of common categories of staff, allowances, etc., the Departmental Council deals with matters affecting only the employees in the Ministries/Departments concerned. The Office/Regional Councils deal with regional or local issues only.

5.     The Scheme provides for setting up Joint Councils at the National, Departmental and Regional/Office levels. The National Council is the apex body. Its Constitution is given in Appendix III. The detailed rules governing the Conduct of Business of the National Council are given in Appendix IV. Departmental Councils under the Scheme are set up in the Ministries/Departments. A Model Constitution of the Departmental Council is added at Appendix V. There will normally be one Departmental Council for each Department. For two or more small Departments under a Ministry, there may, however, be a single Council, especially if the nature of duties in the departments are similar. The instructions governing the Conduct of Business of the Departmental Councils are at Appendix VI. There will also be Regional/Office Councils where the structure of a department permits the setting up of such a Council. The Model Constitution of the Office Council is at Appendix VII.

                        Official Side              StaffSide

National Council              25                              60

Departmental Council    10                              20 to 30

Office Council                  5                                  8

    6.1     The Chairman may, in addition, nominate any temporary member to the Official Side in connection with any particular item to be discussed at the meeting of the Council.

    6.2.1     Where there are two or more Unions/Associations representing different categories of staff the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strengths of the categories concerned.

    6.2.2     Where there are two or more Associations/Unions representing the same categories of staff the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union/Association.

    6.2.3     If there has been change in the membership of the Association/Union proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner.

    6.2.4     Distribution of seats may also be done by the Chairman in consultation with the Associations/Unions in any other manner acceptable to Associations/Unions.

    6.3.1     At the commencement of the constitution and thereafter when occasions arise each recognized employees organization which term shall include a Federation, a Confederation, an Association and a Union eligible for representation on the Council, shall be intimated the number of members it may nominate on the Council.

    6.3.2     In the case of C.S.S. categories of staff nominations to the Staff side from amongst the Staff of the Ministry will be made by the concerned Central Associations/Unions/Federations recoginsed by the Government.

    6.3.3     On receipt of intimation, a recognized employees’ organization may intimate the names of its representatives nominated by its Executive Committees.

    6.3.4     In the event of retirement, resignation, death, etc., of a representative of an employees’ organisation such organization may nominate or, in the case of retirement, renominate its representative.

    6.3.5     On receipt of intimation from the organisation the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the Scheme and inform the employees’ organisation concerned.

    (1) (i)     According to the provisions of the Scheme, representation on a Joint Council can be had by employees of any particular grade only through their Association/Union, duly recognized for the purpose. Therefore, before any category of staff can be considered eligible for representation on a Joint Council, they would have to organize themselves into an Association/Union and get it recognized. Employees who do not do so, will not be eligible for representation on a Joint Council.

    (ii)     The representatives of the Staff Side on the Departmental Council will be chosen directly from recognized Associations/Unions and not from Regional/Zonal/Office Councils. (O.M. No. 1/2/64-JCA, dated 14-1-1964).

    6.4.1     The employees’ organizations will nominate their representatives for a term of 3 years; but there will be no bar to renomination.

    6.4.2     Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term. An Association may replace on the Council such of its representatives as have ceased to be its office-bearer at annual elections or by exigencies such as a vote of no confidence.

    6.4.3     For the purpose of nomination of the Staff Side, only those Federations, Associations/Unions will be recognized which had enjoyed recognition before 1966 and which represent broadly and adequately all the categories of employees of a Department. However, in the case of Department where there has been no recognized Federation/Association/Union in the past, or where the existing Federation etc., does not represent all the categories adequately, will another Association/Union be recognized.

    6.4.4     No person who is not an employee or an honorably retired employee of the Central Government shall be a member of the Council.

    (1)     There are certain categories of staff holding isolated posts who cannot form an association either because of their small number or because they are scattered over a number of Ministries/Departments and there is no single authority to accord recognition to their association. Such staff may be allowed to join Service Association of another comparable category of employees. (O.M. No. 1/2/64-JCA, dated 14-1-1964).

    (2)     After giving the concerned recognized Associations/Unions of employees a reasonable opportunity and time to send their nominations of the Staff Side, Ministries/Departments may proceed to set up their Councils and convene meetings thereof, as soon as nominations of at least 1/3^rd of the total strength of the Staff Side of the Office Councils, which constitute the required quorum are received and accepted and that, in the interest of the early setting up of the Office Councils, it is not necessary to wait till all the nominations of the Staff Side seats are received. Till majority of the staff of the Ministry is represented in the Office Council, however, the matters to be discussed ( within the scope and function laid down in the constitution of the Council) would be those which pertain to the categories of staff represented therein. (O.M. No. 5/1/72-JCA, dated 21-3-1972).

    (3)     Nominations to the Staff Side of an Office Council should be from amongst the staff of the Office/establishment for which the Office Council has been constituted. Similarly, an honorably retired employee, who is permitted by Government to be a member of the Office Council, should also, but for his retirement fulfill this condition. The same condition applies in the case of ex-employees as well. (O.M. No. 5/10/71-JCA, dated 21-11-1972).

    (4)     Class IV staff in the Attached Offices which are included Offices for Central secretariat Service, Central Secretariat Stenographers Service and Central Secretariat Clerical Service will also have representation on the Departmental Council to be set up in the Department of Personnel and Training for Central Secretariat Services and other comparable services. (O.M. No. 1/2/64-JCA, dated 11-3-1964).

    (5)     Central Government employees holding Class III posts of Staff Car Drivers, Despatch Riders and Gestetner Operators in the Ministries/Departments and in the Attached Offices which are included offices for Central Secretariat Service, Central Secretariat Stenographers Service and Central Secretariat Clerical Service will also have representation on the Departmental Council to be set up in the Ministry of Personnel for Central Secretariat Services and other comparable services. (O.M. No. 1/2/64-JCA, dated 8-12-1965).

    (6)     The common service problems of a CSS Cadre may be discussed in the Office Council of the cadre authority (main Ministry/Department controlling the cadre), and the recognized staff associations representing the CSS categories of staff, i.e., the staff of the Central Secretariat Service, Central Secretariat Stenographers Service and the Central Secretariat Clerical Service, may be allowed to nominate their representatives to the Office Council of the cadre authority from among the staff working in any of the Offices included in the CSS cadre, and not necessarily only from the staff working in the Office of the cadre authority. (O.M. No. F-2/9/73-CS.IV, dated 20-12-1973).

    (7)     Whenever the C.S. cadre (CSS. CSSS, CSCS) comprise offices other than those of the cadre authority itself, one representative each of the Staff Side of the Office Council of the Units participating in that cadre should be asked to attend the meetings of the Office Council of the cadre authority. Such special invitees (to be treated as regular member) as per O.M. No. 2/95/78-CS.IV, dated 28-9-1989, would be allowed to participate in the discussion in the meetings of the Office Councils of the cadre authority only on items pertaining to that cadre of the CSS/CSCS/CSSS as a whole and not in respect of other matters which fall exclusively within the jurisdiction of the Office Council of the cadre authority. For this purpose, as soon as the agenda for the meeting of the Office Council of the office of the cadre authority is settled, the cadre authority may write to its individual units for obtaining the names of the representatives of the appropriate Staff Side of the respective Office Council of the office of the cadre authority. The representatives in question would be chosen by the Staff Side of the respective Office Council, in the individual units and intimation of the names would be made to the administrative office of the participating units. The Office Councils, if they so choose, can also nominate a representative, for such time till he is replaced later by another, instead of nominating a representative on each occasion to serve in the Office Council of the cadre authority when common service problems of the cadre are discussed in the Office Council of the office of the cadre authority. (No. 2/9/77-CS.IV, dated 17-1-1978).

    (8)     In addition to "special invitees", one more member to be nominated jointly by all the CSCS/CSSS/CSS Associations, will also be permitted on the main Office Council (of the cadre authority) enjoying the status of regular members. (O.M. No. 2/95/78-CS.IV, dated 28-9-1989).

1. the association/union which has nominated the member intimates the Ministry/Department concerned its desire to continue him as a member even after retirement from Government service till the completion of the term of three years; and

2. the Ministry or Department concerned permits the continuance of such a member after examining the merits of the case. (O.M. No. 3/25/69-JCA, dated 23-8-1969).

    (10)     Joint Nominations to National Council.- Where joint nominations are required to be made by more than one recognized Association/Union to a single (or group of) seat(s) on the Staff Side of the National Council and where there is no unanimity, the nomination(s) may be made on the principle of majority, by the concerned members of the Staff Side of the respective Departmental Council(s) subject to the following conditions:-

1. the Departmental Council members would choose by the principle of majority, only from among the nominees of the Associations/Unions in question; and

2. the choice would be made only by those members of the Staff Side of the Departmental Council who represent the Unions or Associations grouped together for making a joint nomination to the Staff Side of the National Council. (O.M. No. 3/23/75-JCA, dated 20-1-1976).

    (11)     It would be desirable to avoid the transfer on deputation to a public undertaking or other establishment, etc. or to a place outside India of an employee, who might be a Staff Side member of a Joint Council, during the period of his tenure as Staff Side member. If, however, such transfer on deputation etc. becomes unavoidable it may be made if he resigns his membership of the concerned Council(s) and the employees’ organization(s), which has/have nominated him to the Joint Council are able to recommend another representative in his place and such nominee is acceptable to the Chairman of the Council concerned in accordance with its constitution. (O.M. No. 3/24/69-JCA, dated 19-7-1970).

    6.5     The Staff Side shall elect by simple majority, one of its members as its Leader, who shall hold that office for a period of one year but shall be eligible for re-election; a vacancy caused by dearth, retirement, resignation, transfer etc. will be filled for the unexpired term.

    The Staff Side would speak through their Leader and they should iron-out their differences, if there are any, before their proposals could be considered. (O.M. NO. 1/2/64-JCA, dated 1-1-1964).

Secretaries

    6.6     The Official and Staff Side may each appoint its Secretary or Secretaries from amongst its representatives.

    7.1.1     The ordinary meetings of the Council shall be held as often as necessary, and not less than once in four months. A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of the meeting.

    7.1.2     As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of the Council.

    7.1.3     Meetings of the Joint Council at Office level shall be held at least once in two months.

    7.1.4     A special meeting of the Council may be called by the Chairman on his own or on a request from either the Official Side or from the Leader of the Staff Side. A notice of such a meeting shall be sent to all members not less than then days before the date of meeting.

    The meetings of the Departmental councils should be held regularly in accordance with the relevant provisions in the rules for conduct of business of the various Departmental Councils. (O.M. No. 4/1/67-JCA, dated 5-3-1968).

    7.2     The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

    7.3.1     A member desiring inclusion of a subject in the agenda of a meeting will communicate the subject together with an explanatory memorandum to the Secretary, Official or Staff Side, as the case may be, at least eight weeks in advance of the meeting. The Secretary concerned shall make sure that the subjects suggested fall within the purview of the Council and, thereafter, place the draft agenda before the Chairman not less than seven weeks before the due date of the meeting, for his approval to their inclusion in the agenda. If any item is not included in the agenda, the Secretary, Staff Side or Official Side, as the case may be, shall be informed of the fact and the reasons therefore.

    7.3.2     The agenda for an ordinary meeting shall be circulated to all the members not less than thirty days before the meeting.

    7.3.3     The agenda for a special meeting shall be circulated simultaneously with the notice of the meeting.

    7.3.4     Business not on the agenda may only be taken up with the permission of the Chairman.

    7.3.5     A matter disposed of by Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise.

    (1) (i)     The agenda items for the next meeting should be obtained from the Staff Side at least six weeks in advance and should be scrutinized to see that the items are admissible and do not have repercussions on other Departments; If they do the correct forum to discuss such items would be National Council, and a reference may be made to the Department of Personnel and Training at that stage itself so that the issue gets sorted out in time.

    (ii)     The Agenda items which are not proposed to be admitted should be discussed with the representatives of the Staff Side so that the items can either be modified or dropped after such discussions.

    (iii)     The items should thereafter be processed with a view to deciding the stand to be taken by the Government on these items and where necessary the concurrence of Internal Finance/Ministry of Finance/Department of Personnel & Training should be obtained well in time so that a decision can be taken in the meeting itself. (O.M. No. 4/2/79-JCA, dated 20-7-80).

    (2)     Official briefs should be prepared uniformly in which the demand of the Staff Side should be reproduced and thereafter the Official views of the Government should be indicated. The Official briefs should also indicate the conclusion of the Ministry/Department specifying whether or not the demand can be accepted either in full or in part. (No. 3/37/79-JCA, dated 6-5-1980).

    7.4     The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the Council.

    7.5.1     The Official Side will conclude matters at the meetings of the Council and will not reserve them for latter decision by the Government. Subject to the final authority of the Cabinet, agreements reached between the two sides of the Council will become operative.

    7.5.2     If there is no agreement between the two sides, the matter may be transmitted to a Committee of the Council for further examination and report. But, if a final disagreement is recorded and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration if so desired by either side. In other cases, the Government will take action according to its own judgment.

        The items proposed by the Staff Side should be examined expeditiously, and, where the Official Side is inclined to concede the whole or part of the demand, the orders of the competent authority should be obtained before the meeting of the Council. Where, however, for any unavoidable reason, the prior orders of the competent authority cannot be obtained before the meeting, the item may be deferred for consideration to the next meeting or remitted to a Committee of the Council. This would enable the Official Side to complete the examination of the matter, and to obtain the orders of the competent authority where necessary, before it is taken up for discussion/consideration in the Council or its Committee. (O.M. No. 1/5/69-JCA, dated 30-1-1970).

Publications of statements

    7.6     Only statements issued under the authority of the Council shall be published; such statements shall be as full and informative as possible.

    7.7.1     The Standing Committees shall frame their own rules of procedures subject to the approval of the Council. The Standing Committees shall not, however, take final decisions on any subjects that come before them and shall transmit their conclusions to the Council, except where powers have been specifically delegated to them.

    (1) (i)     Demands of the Staff Side made in the Departmental Council should be scrutinized in advance, and the Ministries/Departments concerned should take a view in the first instance if considered necessary in consultation with Department of Personnel and Training, 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.

    (ii)     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 Training 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 Training as the final authority for deciding on the arbitrability of the issues under the JCM Scheme.

    (iii)     Department of Personnel and Training 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 Council. (O.M. No. 4/2/79-JCA, dated 11-11-1981).

    (2)     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 Training etc., so as to avoid embarrassing situations subsequently. (D.O. No. 4/2/79-JCA, dated 3-2-1982).

    (3)     Wherever there is a scheme/proposal for introduction of new technology in a Ministry/Department, the Staff Side in the concerned Departmental Council may please be consulted before taking a final decision in the matter. ( No. 3/42/87-JCA, dated 25-1-1988).

    (4)     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 Council will not put any impediment in its implementation. (No.3/77/91-JCA, dated 6-2-1992).

    8.1.1     Compulsory Arbitration under the Scheme shall be limited to:

1.     pay and allowances;

2.     weekly hours of work; and

3.     leave

of a class or grade of employees.

    (1)     In case of doubt whether a demand is arbitrable under Clause 16 of the JCM Scheme or not, the Department of Personnel & Training may be consulted in advance. ( No. 4/2/79-JCA, dated 20-7-1980).

    (2) (a)     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.

    (b)     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 and Training as follows:-

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.

    (c)     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.

    (d)     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. ( No. 1/7/87-JCA, dated 15-4-1988).

    8.1.2     Cases of individuals shall not be subject compulsory arbitration.

    8.1.3     A dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Departmental Council, as the case may be, and final disagreement between the two sides has been recorded. If there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the Departmental Council concerned.

        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 be prepared on the lines of prescribed model note. (No. 6/26/82-JCA, dated 17-11-1982).

    8.1.4     On a final disagreement being recorded on a arbitrable matter in the National Council/Departmental Councils, and on either side asking for referring the matter to arbitration, the Government is required to appoint a Board of Arbitration consisting of three members, one drawn from a panel of five names submitted by the Official Side, one from a similar panel submitted by the Staff Side of the National Council and a Chairman who is an independent person. The members and the Chairman are selected by the Minister of Labour. The award of the Board of Arbitration is binding on both the Official and Staff Sides, subject only to the power of Parliament to modify or reject an award on grounds of national economy or social justice.

    8.1.5     In determining a dispute the Board of Arbitration shall examine the merits of the case presented by both the official side and staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a Commission of enquiry etc.

    8.1.6     Before a case is referred to the 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;

3. 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.

    8.1.7     Matters determined by the Government in accordance with the recommendations of a Commission will not be subject to arbitration for a period of 5 years from the date of the recommendation after which they will become arbitrable with reference, as far as possible, to the factors referred to in 8.1.6 above.

    8.2.1     Subject to the overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.

        If, for reasons to be recorded in writing, the Central Government is of opinion that all or any of the recommendations of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modifications proposed and the reasons, therefor, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation.

    8.2.2     Orders made by the Government in pursuance of recommendations of the Board of Arbitration shall, unless otherwise specified in those recommendations or modified by mutual agreement, remain in operation for a period of 3 years.

            (1) The following procedure may be adopted in processing requests for arbitration:-

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

2. From the Departmental Councils, the communication to the Ministry of Labour, as  in the Annexure, shall be routed through the Department of Personnel and   Training. The Department of Personnel & Training will forward the reference to the Ministry of Labour within a period of 15 days. This time-limit will be strictly observed. (O.M. No. 6/2/67-JCA, dated 2-2-1989).

    (2) (i)     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 this 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.

    (ii)     It may be pointed out in this connection that nor 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 from Department of Personnel and Training. (O.M. No. 6/2/68-JCA, dated 21-9-68).

    (3) (a)     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 prescribed vide 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 concerned Departmental Council/National Council. This procedure should be completed within two months time from the date it is decided to record a disagreement.

    (b)     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 Feb., 1968) along with an extract of the Cabinet decision for recording disagreement may be forwarded to DP7T (in triplicate), for onward transmission to the Ministry of Labour for making a reference to the Board of Arbitration. This should be done within two months’ of such a request from the Staff Side.

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

    (d)     It has also been felt that the case for the Government is not adequately argued before the Board of Arbitration and subsequently the Government 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 and the Ministry of Finance (Department of Expenditure) would be obtained as regards how the case should be presented before the Arbitrators.

    (e)     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.

(f)     After the decision (Award) of the Board of Arbitration is received, the Award would either be implemented or resolutions moved in both the Houses of Parliament within six months (proposing modification/rejection of the Award). (O.M. No. 3/23/85-JCA, dated 1-6-1988 as modified by O.M. No. 3/23/85-JCA, dated 20-2-1989).

    (4)     In respect of awards of the Board of Arbitration (JCM) which are proposed to be rejected/modified after obtaining Cabinet approval, 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. ( No. 3/23/85-JCA, dated 20-2-1989).

    (5)     The Ministry/Department should keep a watch over the cases relating to their Ministry/Department which have been referred to the Ministry of Labour (Admn. 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 adequately 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. (No. 3/33/85-JCA, dated 29-10-1985).

    (6)     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. (No. 3/59/89-JCA, dated 6-9-1990).

    9.1     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 Minister in-charge of the JCM Scheme, the Labour Minister and the Minister administratively concerned with the particular subject. (O.M. No. 6/2/68-JCA, dated 21-9-1968).

    9.2     Instead of routing their references through the JCA Division of the Department of Personnel & Training, the concerned Ministries/Departments would arrange meetings of the Committee of Ministries on the non-arbitrable items concerning their Departmental Councils. (No. 1/1/90-JCA, dated 3-3-1990).

    10.     Secretariat of the National Council (JCM) Staff Side may please be placed on their regular mailing list for the purpose of sending the important circulars issued by the concerned Ministries/Departments. Such circulars may please be endorsed to Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi-110 001. (No. 3/4/90-JCA, dated 23-4-1990).

Back

        With the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further, of increasing the efficiency of the public service, the Government of India have decided to establish a machinery for joint consultation and arbitration of unresolved differences. The essential features of the scheme for setting up such a machinery are described below:

        1.      The scheme will cover all regular civil employees of the Central Government except:

    2.     The machinery will supplement, and not replace, the facilities provided to employees to make individual representations, or to associations of employees to make representations on matters concerning their respective constituent services, grades etc.

    3.     There will be a joint council at the national level and usually at two lower levels - departmental, regional/office.

    4.     The National Council will deal with matters affecting Central Government employees generally, such as minimum remuneration, dearness allowance and pay of certain common categories, for instance office clerks, peons, and the lower grades of workshop staffs; and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council. Matters of interest to employees of a single Department will not be dealt with by the National Council. The National Council may have two standing committees; one to deal with matters relating to non-industrial staffs and the other to deal with those concerning industrial staffs.

    5. (i)     A Departmental Council will deal only with matters affecting staff employed in the department or departments concerned.

    (ii)     There will normally be one Departmental Council for each department. For two or more small departments under a Ministry, there may, however, be a single council, especially if the nature of duties in the departments is similar.

    (iii)     For the Central Secretariat Services, which though providing staff for all the Ministries are in important matters controlled by the Ministry of Home Affairs, there will be a separate council in that Ministry. Other common categories of office staffs of participating offices may also be included in the same departmental council.

   6.     There will also be regional and/or office councils where the structure of a department permits the setting up of such councils. These councils will deal only with regional or local questions.

    7. (i)     The National Council will consist of an official side and a staff side. The official side will be appointed by the Government and may consist of up to 25 members, who will include the Cabinet Secretary, Secretaries, Ministries of Home Affairs, Labour, Communications and Defence, Secretaries, Ministry of Finance, Departments of Expenditure and Revenue, and one of the Secretaries, Ministry of Railways. The staff side may consist of up to 60 members who will be nominated by the recognized associations, in the manner prescribed in this behalf. The Cabinet Secretary will be the Chairman of the Council and the staff side will elect its own leader. Each side will appoint its own secretary or secretaries.

    (ii)     The Departmental Councils will also be constituted on the same basis. The official head of the Ministry or department will be included in the official side, and will be the Chairman of the Council. The membership of the official side may vary from 5 to 10 and of the staff side, which will be nominated by the recognized associations, from 20 to 30 depending on the total strength of the staff and the number of grades and services in the department.

    (iii)     The regional and/or office Councils too will be constituted in the same manner. The strength of a regional or office council will be determined by the size of the staff in a region or office, and the head of the region or office will be its chairman. (iv) No person who is not an employee or an honourably retired employee of the Central Government shall be a member of a joint council.

    9.     The scope of the councils will include all matters relating to conditions of service and work, welfare of the employees, and improvement of efficiency and standards of work, provided, however, that (i) in regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles and (ii) individual cases will not be considered.

    10.     The official side will conclude matters at meetings of the councils and will not reserve them for later decision by the Government.

    11.     A council may appoint committees to study and report on any matters falling within its scope.

    12.     Subject to the final authority of the Cabinet, agreements reached between the two sides of a council will become operative.

    13.     If there is no agreement between the two sides, the matter may be transmitted to a committee of the council for further examination and report. But, if a final disagreement is recorded, and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration, if so desired by either side. In other cases, the Government will take action according to its own judgment.

    14.     A matter disposed of by a council in any manner will not be placed on the agenda during the following 12 months, unless, for any special reason, the chairman of the council directs otherwise.

    15.     The councils will frame rules for the conduct of their business.

    16.     Compulsory arbitration shall be limited to:

1. pay and allowances,

2. weekly hours of work, and

3. leave

of a class or grade of employees.

    17.     Cases of individuals shall not be subject to compulsory arbitration.

    18.     A dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Departmental council, as the case may be, and final disagreement between the two sides has been recorded. If there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the Departmental Council concerned.

19.     On a final disagreement being recorded as mentioned in clause 18, the Government shall appoint a Board of Arbitration as soon as possible. The Board will consist of 3 members, one drawn from a panel of 5 names submitted by the official side, one from a similar panel submitted by the staff side of the National Council, and a Chairman who will be an independent person. The members and the Chairman will be selected by the Minister of Labour.

    20. (i)     In determining a dispute the Board of Arbitration shall examine the merits of the case presented by both the official and staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a Commission of enquiry etc.

    (ii)     Matters determined by the Government in accordance with the recommendations of a Commission will not be subject to arbitration for a period of 5 years from the date of the recommendations, after which they will become arbitrable with reference, as far as possible, to the factors referred to in (i) above.

    21.     Subject to the overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.

        If, for reasons to be recorded in writing, the Central Government is of opinion that all or any of the recommendations of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modifications proposed and the reasons, therefor, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation.

    22.     Orders made by the Government in pursuance of recommendations of the Board of Arbitration shall, unless otherwise specified in those recommendations or modified by mutual agreement, remain in operation for a period of 3 years.

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APPENDIX - II

 

DECLARATION OF JOINT INTENT REGARDING THE COMMON APPROACH OF THE GOVERNMENT OF INDIA AND THE EMPLOYEES ORGANSIATIONS TO WORK THE MACHINERY OF JOINT CONSULTATION AND COMPULSORY ARBITRATION.

        This is a declaration of joint intent regarding the common approach of the Government of India on the one hand and the employees’ organisations on the other to the creation of the machinery for joint consultation and compulsory arbitration and its smooth working and full utilisation.

General objectives;

        2.      Both the parties are in agreement with the objective of promoting harmonious relation and securing the greatest measure of cooperation between the Central Government in its capacity as employer and the general body of its employees in matters of common concern and with the object, further of increasing the efficiency of the public service combined with the well-being of those employed.

        3.      Both parties agree further that there should be full and frank discussion on all matters that come up before the joint councils and that every endeavour should be made to reach agreement on such matters.

4.    The Government:

1. are desirous of promoting healthy development of organisations of Government employees, and

2. have noted the fear of victimisation expressed by certain representatives of the Government employees organisations and purpose to make suitable provision in the rules, etc. to ensure that no office bearer of union / association is victimised for legitimate association / trade union activities.

5.    The associations / unions:

1. agree to give a fair trial to the scheme of joint consultation and compulsory arbitration for a minimum period of 5 years.

2. agree that during this period of trial all disputes shall be resolved through the machinery of joint consultation and compulsory arbitration.

    6.     The Government of India and the unions / associations agree that failing the settlement of a dispute by negotiation, arbitration shall be open to Government departments on the one hand and to recognised associations / unions of Government employees within the scope of National Joint Council and of the Departmental Councils on the other hand, on an application by either party in regard to certain matters affecting conditions of service subject to limitations and conditions hereinafter defined.

    7.     Both the parties are agreed:

that where there is a failure to agree on a claim falling within the limits set out below the case shall be reported by or on behalf of either of the parties to the Ministry of Labour and Employment for reference to arbitration by a Board of Arbitration consisting of 3 members, one drawn from a panel of 5 names submitted by the official side, one from a similar panel submitted by the staff side of the National Council, and a Chairman who will be an independent person. The members and Chairman shall be selected by the Minister of Labour.

    8.     The rights of either party to take a claim to arbitration shall be as follows:-

1. it shall cover only those associations / unions to whom the scheme for Joint Consultation and Compulsory Arbitration is applicable:

2. it shall be limited to:

   (i)    pay and allowances,

   (ii)    weekly hours of work, and

   (iii)    leave;

   of a class or grade of employees;

3. cases of individuals shall not be subject to compulsory arbitration:

4. a dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Departmental Council, as the case may be, and final disagreement between the two sides has been recorded. If  there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the  Departmental Council concerned;

5. (i).while considering a dispute referred to it, the Board of Arbitration shall examine the merits of the cases presented by both the official and the staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a Commission of enquiry, etc., appointed by the Government;

(ii).matters determined by the Government in accordance with the recommendations of a Commission will not be subject to arbitration for a period of 5 years from the date of the recommendations, after which they will become arbitrable again;

7. subject to the over-riding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides. If, for reasons to be  recorded in writing, the Central Government is of opinion that all or any of  the recommendations of a Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report  of the Board containing such recommendations together with the modifications proposed and the reasons therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit; and

8. orders made by Government in pursuance of recommendations of the Board of Arbitration shall, unless otherwise specified in those  recommendations or modified by mutual agreement, remain in operation for a period of 3 years.

    9.     Both the parties are agreed that any provision of this declaration or of the scheme could be amended by mutual agreement at any time.

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CONSTITUTION OF THE NATIONAL COUNCIL

        1.    Short title:

        This Constitution may be called the Constitution of the National Council under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees.

2.    Application:

    Subject to the provisions of the Scheme for Joint Consultative Machinery and Compulsory Arbitration this Constitution shall cover, as far as may be, all Ministries and Departments of the Central Government.

3.    Objects:

    The object of the Council is to promote harmonious relations and to secure the greatest measure of cooperation between the Government in its capacity as employer, and the general body of its employees in matters of common concerns and with the object, further of increasing of efficiency of public services combined with the welfare of those employed.

4.    Scope and functions:

(1)     The scope of the Council will include all matters relating to conditions of service and work welfare and improvement of efficiency and standards of work of all regular civil employees of the Central Government except:

1. the class I services;

2. the class II services, other than the Central Secretariat Services and the other comparable services in the head quarters organisation of the Government;

3. 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:

4. employees of the Union Territories; and

5. Police personnel and personnel of the Railway Protection Force.

Provided, however that:-

    (i)     in regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles;

    (ii)    individual cases will not be considered.

    (2)     The Council will deal with matters affecting Central Government employees generally, such as minimum remuneration, dearness allowance and pay of certain common categories, for instance office clerks, peons, and the lower grades of workshop staff and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council.

    (3)     Matters of interest to employees of a single Department will not be dealt with by the National Council.

5. Members of the Council:

1.     Chairman: Cabinet Secretary

2.     Chairman or Member (Staff) or Additional Member (Staff), Ministry of Railways,          Railway Board.

3.     Financial Commissioner or Additional Member (Finance), Ministry of Railways,    
        Railway Board.

4.    Secretary (Defence), Ministry of Defence.

5.    Secretary (Defence Production), Ministry of Defence.

6.   Secretary, Department of Posts.

7.   Secretary (Finance), Ministry of Finance.

8.   Deputy comptroller & Auditor General, O/o Comptroller & Auditor General.

9.   Secretary (Home), Ministry of Home Affairs.

10. Secretary, Ministry of Urban Development & Poverty Alleviation.

11. Secretary, Department of Personnel & Training.

12. Secretary, Ministry of Labour.

13. Secretary, Department of Health.

14. Secretary, Department of Expenditure.

15. Secretary, Department of Atomic Energy.

16. Secretary, Department of Revenue.

17. Secretary, Department of Science & Technology.

18. Joint Secretary (Estt.), Department of Personnel & Training.

19. Joint Secretary (Pers.), Department of Expenditure.

20. Member Secretary-Director/Deputy Secretary (JCA), DOPT.

Note:

        The Chairman may from time to time, nominate such number of temporary members belonging to any Ministry / Department of the Government of India as, together with the Chairman and the permanent members specified above, will not exceed 25.

(iii)     Expert Advisers:

        The Chairman may invite experts to the meetings of the National Council, whenever he considers that for discussion of particular items their advice would be of value.

( C ):     Representatives on the staff side:

        There shall be not more than 60 members on the Staff Side nominated by the Association / Unions, Federations / Confederations recognised for the purpose of representation on the National Council. The distribution of the staff side seats between the Ministries / Departments is shown in the Annexure.

NOTE 1:--- Where there are two or more Unions / Associations representing different categories of staff the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strengths of the categories concerned.

NOTE 2:--- Where there are two or more Associations / Unions representing the same categories of staff the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union / Association.

NOTE 3:--- If there has been change in the membership of the Association / Union proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner.

NOTE 4:--- Distribution of seats may also be done by the Chairman in consultation with the Associations / Unions in any other manner acceptable to Associations / Unions.

NOTE 5:--- For the purposes of nomination of the Staff Side, only those federations, associations / unions will be recognised which had enjoyed recognition in the past and which represent broadly and adequately all the categories of employees of a Department. However, in the case of Department where there has been no recognised federation / association / union in the past, or where the existing federation etc. does not represent all the categories adequately, will another association / union be recognised. This arrangement is only for an experimental period of one year at an end of which the Government will review the whole question of recognition.

(D)    Secretaries:

        The Official and Staff Side may each appoint its Secretary or Secretaries from amongst its representatives.

        The Staff Side shall elect by simple majority, one of its members as its Leader, who shall hold that office for a period of one year but shall be eligible for re-election; a vacancy – caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term.

        There shall be a permanent Secretariat of the Council under the control of the Chairman.

(2)     No person who is not an employee or an honourably retired employee of the Central Government shall be a member of the Council.

        NOTE:--- Government may permit an ex-employee to be a member of a joint council after examining the merits of each individual case.

        (1)     At the commencement of the constitution and thereafter when occasions arise each recognised employees organisation which term shall include a Federation, a Confederation, an Association and a Union eligible for representation on the Council, shall be intimated in Form ‘A’ the number of members it may nominate on the Council.

    (2)     On receipt of intimation as in clause (1), a recognised employees’ organisation may intimate in Form ‘B’ the names of its representatives nominated by its Executive Committees.

    ( 3)     In the event of retirement, resignation, death etc. of a representative of an employees’ organisation such organisation may nominate or, in the case of retirement, re-nominate its representative in Form ‘C’.

    (4)     On receipt of intimation under clause (2) or (3) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the Scheme and inform the employees’ organisation concerned.

7.     Term of Membership:

        (1)      The employees organisations will nominate their representatives for a term of 3 years: but there will be no bar to renomination. The Chairman may, however, permit a change of a representative once in a year if he ceases to be an office – bearer of an Association/ Union after its annual election.

        (2)     Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term.

        NOTE:--- An association may replace on the Council such of its representatives as have ceased to be its office bearer at annual elections or by exigencies such as a vote of no confidence.

The Council may have the following Standing Committees:-

(A):     Industrial Standing Committee:

        It shall deal with matters relating to industrial staff only and shall be appointed by the Council.

        It shall deal with matters relating to non-industrial staff and shall be appointed by the Council.

9.     Delegation:

        The Council may delegate to the Standing Committees such powers as it may consider necessary for the expeditious disposal of business.

        The Council and its Standing Committees may appoint a Committee from amongst their members to study and report on any matters falling within their scope.

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

FORM A

No. Dated________

To

The President / Secretary,

( Name of Association / Union ),

Subject:

Nomination of representatives on the Staff Side of the National Council.

   

Sir,

        In accordance with the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees, your Association / Union / Federation is required to nominate _____________________ ( State the number ) member(s) on the Staff Side of the National Council. A copy each of the Scheme and the Declaration of Joint Intent to which your Association / Union / Federation will have to subscribe are enclosed.

        You are requested to intimate to me within 15 days of the date of issue of this letter the name(s) of the nominee(s) of your Association / Union / Federation in duplicate as in the form enclosed.

Yours faithfully,

 

Secretary to the Govt. of India
Ministry of______________

FORM B

(To be furnished in duplicate)

From:

The President / Secretary,

( Name of the Association / Union/Federation )

Dated:________________

The Secretary to the Government of India,
Ministry of _________________________,
New Delhi.

Subject:

Nomination of members on the Staff Side of the National Council.

   

Sir,

        With reference to your letter No._________ dated_______on the above subject, I am directed to say that the Executive Committee* of Association / Union / Federation has considered the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees and subscribes to the Declaration of Joint Intent. The Executive Committee* has nominated the following person(s) to represent it on the Staff Side of the Council:-

Name Office and appointment held Address

 

 

An authenticated copy of the resolution of the Executive Committee* of the Association / Union is enclosed.

2. Please acknowledge this communication.

Yours faithfully,

President/Secretary

* NOTE: As applicable according to the Constitution of the Association / Union.

FORM C

( Name of the Association / Union ).

To

The Chairman,
National Council.

Sir,

        Consequent upon the retirement / resignation / transfer / death etc. of Shri _____________________ on ( date ) _______________ who was representative of my Association / Union on the Staff Side of the Council, I am directed to say that the Executive Committee* of Association / Union has nominated / re-nominated Shri ________________________( appointment held )______________ of __________________ ( office ) ________________ ( address ) __________________ as its representative on the Staff Side. An authenticated copy of the resolution of the Executive Committee* is enclosed.

Please acknowledge this communication.

Yours faithfully,

*Note: As applicable according to the Constitution of the Association / Union.

Ministry/Department of…………………………………………………

    This Constitution may be called the Constitution of the Departmental Council of the Ministry/ Department of……………………………… under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees.

    This Constitution shall cover all the regular civil employees of the Central Government for whom the scheme is applicable in the Ministry/ Department  of………..........and the following sub-ordinate and attached offices of the Department:

(a)……………………………………………

(b)……………………………………………

(etc.)

    The object of the Council is to promote harmonious relations and secure the greatest measure of co-operation between the Central Government in its capacity as employer, and the general body of its employees in matters of common concern and further to increase the efficiency of the public services combined with the well being of those employed.

    The scope of the councils will include all matters relating to conditions of service and work, welfare of the employees, and improvement of efficiency and standard of work, provided, however, that (i) in regard to recruitment, promotion and discipline consultation will be limited to matters of general principles and (ii) individual cases will not be considered.

    Matters affecting Central Government employees generally, and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council shall be dealt with by the National Council.

    The Council shall consist of –

(b) ( Designation)

(c) Representatives on the Official Side

    (i) Besides the Chairman there shall be (state the number) members on the official side to be nominated by Government or Head of Department/Office:

    (ii) Temporary Members:- The Chairman may, from time to time nominate such number of temporary members belonging to any Ministry/ Department/Office of the Government of India as, together with the Chairman and the permanent members specified above will not exceed 10.

    (iii) Expert Advisers:- The Chairman may invite experts to the meetings of the Departmental Council, whenever he considers that for discussion of particular items their advice would be of value.

(c) Representatives on the Staff Side

There shall be (state the number) members on the Staff Side as follows:

(i) (State the number) members nominated by ……………………………...          Association/Union.

(ii) (State the number) members nominated by ……………………………..          Association/Union.

NOTE 1.- Where there are two or more Unions/ Associations representing different categories of staff the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strengths of the categories concerned.

NOTE 2.- Where there are two or more Associations/Unions representing the same categories of staff, the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union/ Association.

NOTE 3. - If there has been change in the membership of the Association/ Union proportional representation given could only be changed after verification of membership done in the manner advised by the Chief Labour Commissioner.

NOTE 4.- Distribution of seats may also be done by the Chairman in consultation with the Association/Union in any other manner acceptable to Associations/Unions.

NOTE 5. – For the purpose of nomination on the Staff Side only those Federations/Associations/Unions will be recongised which have enjoyed recognition in the past, and which represent broadly and adequately all the categories of employees of a Department. However, in the case of a Department where there has been no recognized Federation/Association/Union in the past where the existing Federation/Association/Union does not represent all the categories adequately, another Federation/Association/Union may be recognized.

NOTE 6.- No person who is not an employee or an honourably retired employee of the Central Government shall be a member of a Joint Council.

NOTE – Government may permit an ex-employee to be a member of a council after examining the merits of each individual case.

    The Official and Staff Side may each appoint its Secretary or Secretaries from amongst its representatives.

6. Nomination of representatives on the Staff Side by recognized Employees’ Organisations

(1) At the commencement of the constitution and thereafter when occasions arise each recognized employees’ organisation, which term shall include a Federation, a Confederation, an Association and a Union eligible for representation on the Council, shall be intimated in form ‘A’ the number of members it may nominate on the Council.

(2) On receipt of intimation as in clause (1), a recognized employees’ organization may intimate in form ‘B’ the names of its representatives nominated by its Executive Committee.

(3) In the event of retirement, resignation, death etc. of a representative of an employees’ organization such organization may nominate or, in the case or retirement re-nominate its representative in form ‘C’.

(4) On receipt of intimation under clause (2) and (3) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the scheme and inform the employees’ organization concerned.

7. Term of Membership

    The associations will nominate their representatives for a term of 3 years; but there will be no bar to re-nomination. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the un-expired term.

NOTE – An association may replace on the council such of its representatives as have ceased to be its office-bearer at annual election or by exigencies such as a vote of no confidence.

    A Council may appoint committees from amongst its members to study and report on any matter falling within its scope.

    This Constitution may be called the Constitution of the Office Council of the Ministry / Department of ……… under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees.

    This Constitution shall cover all the regular civil employees of the Central Government in the Ministry / Department of ……….for whom the Scheme is applicable.

    The object of the Council is to promote harmonious relations and to secure the greatest measure of co-operation between the Government in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further, of increasing the efficiency of pubic services combined with the welfare of those employed.

(i) The scope of the Office Council will include all local matters relating to conditions of work, welfare of employees, improvement of efficiency and standards of work with particular reference to local conditions.

(ii) The subjects to be discussed by the Council should normally be limited to matters within the competence of …………J.S.(Admn)/ Ministry/Department of ……………

(iii) Matters which are within the competence of the National / Departmental Council should not be discussed at the meeting of the Office Council. Matters relating to individuals should not also be discussed.

I. The Office Council will consist of not more than 5 members on the Official Side and 8 members on the Staff Side as shown below :-

Official Side

(i) Joint Secretary (Administration)

(ii) Deputy Secretary (Administration)

(iii) Internal Financial Adviser

(iv) Deputy Secretary …………..

(To be nominated by the Chairman depending upon the subjects to be discussed at the meeting).

(v) Under Secretary (Welfare).

[The Under Secretary (Welfare) will be the Member-Secretary of the Official Side].

Staff Side                                                                No. of seats

1. Assistants

2. Upper Division Clerks and Lower Division Clerks

3. Class IV employees

4. Stenographers

5. Section Officers

6. Technical and Statistical Assistants

7. Others

--------------

TOTAL

--------------

II. The Joint Secretary (Administration) shall be the Chairman of the Office Council.

III. The Chairman may, in addition, nominate any temporary Member to the Official Side in connection with any particular items to be discussed at the meeting of the Council.

Note I. In the case of C.S.S. categories of staff nomination to the Staff Side from amongst the staff of the Ministry will be made by the concerned Association / Unions/ Federations recognized by Government.

Note II. Where there are two or more Unions / Associations representing different categories of staff, the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strengths of the categories concerned.

Note III. Where there are two or more Associations / Unions representing the same categories of staff the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union / Associations.

Note IV. If there has been change in the membership of the Association / Union, proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner.

Note V. Distribution of seats may also be done by the Chairman in consultation with the Association / Unions in any other manner acceptable to Associations / Unions.

5. (b) No person who is not an employee or an honourably retired employee of the Central Government shall be a Member of the Council.

Note: Government may permit an ex-employee to be a Member of the Council after examining the merits of each individual case.

The Staff Side may appoint its Secretary from its Members.

The Staff Side shall elect by simple majority, one of its Members as its Leader, who shall hold that office for a period of one year, but shall be eligible for re-election. A vacancy caused by death retirement, resignation, transfer, etc. will be filled for the unexpired term.

(i) At the commencement of the constitution and thereafter when occasions arise, each recognized employees organization, which term shall include a Federation, a Confederation, an Association and a Union, eligible for representation on the Office Council, shall be intimated in form `A’ the number of members it may nominate on the Office Council.

(ii) On receipt of intimation as at clause (i), a recongised employees’ organization may intimate in Form `B’ the names of its representatives nominated by its Executive Committee* (*As applicable according to the Constitution of the Association / Union / Federation).

(iii) In the event of retirement, resignation, death, etc. of a representatives of any employees’ organization, such organization may nominate or in the case of retirement, renominate its representative in form C.

(iv) On receipt of intimation under clause (ii) or (iii) above as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the scheme and inform the employees’ organization concerned.

7. Term of Membership

1. The Staff Side representatives will be nominated for a term of three years, but   there will be no bar to renomination.

2. Vacancies caused by death, retirement, resignation, transfer, etc. will be filled  for the unexpired term.

NOTE: An Association / Union / Federation may replace on the Council such of its representatives as have ceased to be its office bearers at annual elections or by exigencies such as a vote of no confidence.

    The Office Council may appoint committees from amongst its members to study and report on any matters falling within its scope.

    The meetings of the Office Council shall be held at least once in two months.

10. Quorum

    The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

(i) The agenda for a meeting shall be prepared under the orders of, and approved by the Chairman.

(ii) The agenda for an ordinary meeting shall be circulated to all members not less than one week before the meeting.

    The minutes of the meeting will be finalized under the directions of the Chairman in the usual manner and copies thereof will thereafter be circulated to members of the council.

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Office of the ............................

    This Constitution may be called the Constitution of the Office Council of the ……………..under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees.

    This Constitution shall cover all the regular civil employees of the Central Government in the Office of the ………………………… for whom the scheme is applicable.

    The object of the Council is to promote harmonious relations and to secure the greatest measures of cooperation between the Government in its capacity as employer, and the general body of its employees in matters of common concern, and with the object further of increasing the efficiency of public services combined with the welfare of those employed.

    (i) The scope of the Office Council will include all local matters relating to conditions of work, welfare of employees, improvement of efficiency and standards of work with particular reference to local conditions.

    (ii) The subjects to be discussed by the Council should normally be limited to matters within the competence of …………….(HEAD OF OFFICE)………………..

    (iii) Matters which are within the competence of the National / Departmental Council should not be discussed at the meeting of the Office Council. Matters relating to individuals should not also be discussed.

I. The Office Council will consist of not more than 5 Members on the Official Side and 8 members on the Staff Side as shown below :

(i) Head of Office

(ii) ……………….

(iii) ……………….

(iv) ……………….

(v) ……………….

[One of these at (ii) to (v) may be nominated as Secretary of the Official Side.]

Staff Side

Categories of Staff                             No.of seats

(i)    Class III (Ministerial)-Superintendents/Asstt.

        Supdts.

        Head Clerks / Assistants / UDCs/ LDCs/

        Others

(ii)    Class III (Technical) –Investigators/

        Technical Assistants/Demonstrators/

        Statisticians/Others

(iii)    Class IV

II. The Head of Office ………………………shall be the Chairman of the Office Council.

III. The Chairman, may, in addition, nominate any temporary Member to the Official Side in connection with any particular items to be discussed at the meeting of the Council.

NOTE I : In the case of CSS categories of staff, nominations to the Staff Side from amongst the staff of the Ministry/Department/Directorate will be made by the concerned Associations / Unions / Federations recognized by Government.

NOTE II: Where there are two or more Associations / Unions representing the different categories of staff, the Chairman shall distribute the total permissible representation on the Council on the respective numerical strengths of the categories concerned.

NOTE III : Where there are two or more Associations / Unions representing the same categories of staff the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union / Association.

NOTE IV: If there has been change in the membership of the Association / Union, proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner.

NOTE V : Distribution of seats may also be done by the Chairman in consultation with the Associations / Unions in any other manner acceptable to the Associations / Unions.

5. (b) No person, who is not an employee or an honourably retired employee of the Central Government, shall be a member of the Council.

The Staff Side may appoint its Secretary from its Members.

    The Staff Side shall elect by simple majority, one of its Members as its Leader, who shall hold that office for a period of one year, but shall be eligible for re-election. A vacancy caused by death retirement, resignation transfer etc. will be filled for the unexpired term.

(i) At the commencement of the Constitution and thereafter when occasions arise each recognized employee’s organization, which term shall include a Federation, a Confederation, and Association and a Union, eligible for representation on the Office Council, shall be intimated in Form `A’, the number of members it may nominate on the Office Council.

(ii) On receipt of intimation as in clause (i), a recognized employees’ organization may intimate in Form `B’ the names its representatives nominated by its Executive Committee.* (*As applicable according to the Constitution of the Association / Union / Federation).

(iii) In the event of retirement, resignation, death, etc. of a representative of an employees’ organization, such organization may nominate or, in the case of retirement, re-nominate its representative in form `C’.

(iv) On receipt of intimation under clause (ii) or (iii) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the Scheme, and inform the employees’ organization concerned.

(i) The Staff Side representatives will be nominated for a term of three years, but there will be no bar to renomination.

(ii) Vacancies caused by death, retirement, resignation, transfer, etc. will be filled for the unexpired term.

    The Office Council may appoint committees from amongst its members to study and report on any matters falling within its scope.

    The meetings of the Office Council shall be held at least once in two months.

    The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

1. The agenda for a meeting shall be prepared under the orders of, and approved by, the Chairman.

2. The agenda for an ordinary meeting shall be circulated to all members not less than one week before the meeting.

    The minutes of the meeting will be finalized under the directions of the Chairman in the usual manner and copies thereof will thereafter be circulated to members of the Council.

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No………………….
Government of India
Ministry / Department of …………..

Dated ………………….

To

The President/Secretary,
(Name of the Association/Union/Federation)

Sir,

        In accordance with the Scheme or Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees, I am directed to say that your Association/Union/Federation is required to nominate………………….Members(s) on the Staff Side of the Office Council of the Ministry / Department of ………………………as mentioned below :-

____________________________________________________

Category of Staff                                        No. of Members

2.     I am to request you kindly to intimate to me within 15 days of the date of issue of this letter, the names of the nominees of your Association / Union/ Federation as in "Form B" enclosed in duplicate.

Yours faithfully,

Under Secretary to the Govt. of India

(Welfare)

Encl.:

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From,

The President / Secretary,

(Name of the Association /Union/ Federation)

Address …………………………………………

Dated …………………

To,

    The Chairman,
    The Office Council of the Ministry / Department of ……

Sir,

        With reference to your letter No………… on the above mentioned subject, I am directed to say that the Executive Committee* of (Name of the Association/Union/Federation) ……………… has considered the Scheme for Joint Consultative Machinery and subscribe to the Declaration of Joint Intent. The Executive Committee* has nominated the following person(s) to represent it on the Staff Side of the Council:-

______________________________________________________________
Name        Office and                            Address                       Category of staff to

Appointment held                                                       be represented

______________________________________________________________

        An authenticated copy of the resolution of the Executive Committee* of the Association / Union/Federation is enclosed.

2.    Please acknowledge this communication.

Yours faithfully,

President / Secretary

* As applicable according to the Constitution of the Association/Union/Federation.

From

The President / Secretary,

(Name of the Association / Union / Federation)

Dated ………………..

To

        The Chairman,
        The Office Council of the Ministry / Department of ……………

Sir,

        Consequent upon the retirement / resignation / transfer/ death/ etc. of Shri …………………on (date)……………………who was a representative of my Association/Union/Federation on the Staff Side of the Office Council of the Ministry / Department of …………………, I am directed to say that the Executive Committee* of ………………….. Association/Union/Federation have nominated / re-nominated Shri ………………….(appointment held ………………..of …………………….. (office) …………………… (address)…………………….. against the seat(s) …………………..for ……………………of Staff to be represented as its representative on the Staff Side. An authenticated copy of the resolution of the Executive Committee* is enclosed.

2.     Please acknowledge this communication.

Yours faithfully,

President / Secretary

* As applicable according to the Constitution of the Association/Union/Federation.

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

    The following rules shall govern the conduct of business of the National Council under the scheme for joint consultative machinery and compulsory arbitration for Central Government employees:

2. Meetings

    As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of the Council.

3. Quorum

    The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

4. Agenda

    (2) The agenda for an ordinary meeting shall be circulated to all the members not less than thirty days before the meeting.

    (3) The agenda for a special meeting shall be circulated simultaneously with the notice of the meeting.

    (4) Business not on the agenda may only be taken up with the permission of the Chairman.

    (5) A matter disposed of by Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise.

5. Minutes

    The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the Council.

6. Decisions

    (1) The Official Side will conclude matters at the meetings of the Council and will not reserve them for later decision by the Government. Subject to the final authority of the Cabinet, agreements reached between the two sides of the Council will become operative.

    (2) If there is no agreement between the two sides, the matter may be transmitted to a Committee of the Council for further examination and report. But, if a final disagreement is recorded and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration if so desired by either side. The Chairman of the Council shall make a report to the Labour Minister for reference to the Board of Arbitration within a week of the final disagreement being recorded. In other cases, the Government will take action according to its own judgment.

7. Publication of statements

    Only statements issued under the authority of the Council shall be published: such statements shall be as full and informative as possible.

8. Standing Committees

    (1) The Standing Committee shall frame their own rules of procedures subject to the approval of the Council. The Standing Committees shall not, however, take final decisions on any subjects that come before them and shall transmit their conclusions to the Council for decision except where powers have been specifically delegated to them by the Council under Article 9 of the Constitution of the National Council.

    (2) The Standing Committee and their members shall not give publicity to their recommendations and any statements for publicity shall only issue from the National Council in the manner prescribed in Rule 7.

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APPENDIX VI

 

MODEL, INSTRUCTIONS FOR CONDUCT OF BUSINESS OF COUNCIL – MINISTRY/DEPARTMENT OF___________________

    The following instructions shall govern the conduct of business of Departmental Councils under the Scheme for joint consultative machinery and compulsory arbitration for Central Government employees.

    The instructions may be called the Instructions for the Conduct of Business of the Departmental Council.

(1) The ordinary meetings of the Council shall be held as often as necessary, and not less than once in four months. A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of meeting.

    As far as may be possible, the date of the next ordinary meeting shall be fixed at such meeting of the Council.

(2) A special meeting of the Council may be called by the Chairman. A notice of such a meeting shall be sent to all members not less than seven days before the date of the meeting.

    The quorum shall be 1/3^rd each of the strengths of the Official and Staff Sides.

(1) The agenda for a meeting shall be prepared under the orders of and approved by, the Chairman.

(2) The agenda for an ordinary meeting shall be circulated to all the members not less than three weeks before the meeting.

(3) The agenda for a special meeting shall be circulated with the notice of the meeting.

(4) A member desiring inclusion of a subject in the agenda of a meeting shall communicate the subject together with an explanatory memorandum where necessary to the Secretary, Official Side or Staff Side, as the case may be, at least eight weeks in advance of the meeting. The Secretary concerned shall make sure that the subject suggested falls within the purview of the Council and, thereafter, place the suggestions before the Chairman not less than seven weeks before the due date of the meeting for his approval to their inclusion in the Agenda.

(5) Business not on the agenda may only be taken up with the permission of the Chairman.

(6) A matter disposed of by a Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise.

    The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the Council.

(1) The Official Side will conclude matters at the meetings of the Council and will not reserve them for later decision by the Government subject to the final authority of the Cabinet agreements reached between the two Sides of a Council will become operative.

(2) If there is no agreement between the two sides, the matter may be transmitted to a Committee of the Council for further examination and report. But, if a final disagreement is recorded and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration, if so desired by either side. The Chairman of the Council shall make a report to the Labour Minister for reference to the Board of Arbitration within a week of the final disagreement being recorded. In other cases the Government will take action according to its own judgment.

(3) A dispute shall not be referred to arbitration from the Departmental Council unless it has been considered by the National Council when the dispute covers matters affecting Central Government employees generally, such as minimum remuneration, dearness allowance and pay of certain common categories, for instance office clerks, peons and the lower grades of workshop staff; and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council.

(4) Matters of interest to employees of single Department will not be dealt with by the National Council but by the Departmental Council. The Departmental Council will deal only with matters affecting the staff employed in the Department or Departments covered by it. If a dispute arises in a Council at a lower level the Chairman of such Council shall record such dispute with a brief statement of the case and after securing the Council’s approval to the text remit the matter to the Chairman of the Departmental Council for consideration.

    The statements issued under the authority of the Council shall be published; such statement shall be as full and informative as possible.

(1) The above instructions shall also govern the conduct of business of the Committees of the Departmental Council. The Committees shall not, however, take final decisions on any subject that come before them and shall transmit their conclusions to the Council for decision.

(2) The Committees and their members shall not give publicity to their recommendations and any statements for publicity shall only issue from the Council in the manner prescribed in instruction 7.

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