Joint Consultative Machinery ((JCM)

Joint Consultative Machinery - Effective use of JCM scheme NO.9/13//2000-JCA GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, P.G. & PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING) NORTH BLOCK, NEW DELHI NEW DELHI, 12th OCTOBER,2001 OFFICE MEMORANDUM Sub:- Effective use of JCM scheme. A negotiation machinery for Central Government employees was introduced in 1966 for setting up of Joint Councils at the National, Departmental and Local levels. Over the years a large number of issues have been resolved through the mechanism of the Joint Consultative Machinery and Compulsory Arbitration  2. In the 68th Report of Department related Parliamentary Committee on Home Affairs on demands for grants (2000-2001), the Committee had inter-alia expressed concern about the heavy pendency of cases before the Central Administrative Tribunals. In this context they recommended that effective use of JCM mechanism and Board of Arbitration be made for resolving grievances. This in turn is likely to bring down pendancy of cases in CAT. 3. In view of the above , it is reiterated that effective use of JCM forum may be made for resolution of demands / grievances of staff side, within the ambit of rules prescribed for functioning of the JCM machinery. ( R.K.GUPTA ) Desk Officer (JCA) To All Ministries and Departments of the Government of India.

Joint Consultative Machinery - Non-receipt of important circulars in the Secretariat of the National Council (Staff Side) JCM No.3/4/90-JCA Government of India Ministry of Personnel, P.G. & Pensions (Department of Personnel and Training) New Delhi, the 19TH /23RD April, 1990 OFFICE MEMORANDUM Subject:- Non-receipt of important circulars in the Secretariat of the National Council (Staff Side) JCM. It has been brought to the notice of this Department that copies of important Circulars issued by the various Ministries / Departments are not received in the Secretariat of the National Council (Staff Side), JCM. It appears that some of the Ministries / Departments have not placed the Secretariat of the National Council (Staff Side) JCM on their regular mailing list. 2. It is accordingly requested that the Secretariat of the National Council (JCM) Staff Side may please be placed on their regular mailing list for the purposes 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-110001. Sd/- (MRS.KNK KARTHIAYANI) DIRECTOR (JCA)

Joint Consultative Machinery - Procedure for processing the cases where disagreement is recorded on non-arbitrable items – regarding No.1/1/90-JCA Government of India Ministry of Personnel, P.G. & Pensions (Department of Personnel and Training) New Delhi, the 3rd March, 1990 OFFICE MEMORANDUM Subject:- Joint Consultation & Compulsory Arbitration - Procedure for processing the cases where disagreement is recorded on non-arbitrable items – regarding - In terms of para 13 of the Scheme for Joint Consultative Machinery (JCM), the Government is required to take action according to its own judgment on the items which are non-arbitrable. As per the established convention, the Staff Side, if they so desire, can place their view points before a Committee of Ministers, consisting of the Minister, administratively concerned with the subject, the Labour Minister and the Home Minister (now the Minister in-charge of the Ministry of Personnel, Public Grievances & Pensions). This Department had issued instructions, as contained in the O.M.No.3/72/82-JCA, dated the 16th January, 1983, wherein it was provided that all references for arranging the meetings of the Committee of Ministers to discuss the non-arbitrable items may be routed through the JCA Division of this Department. 2. The matter has since been considered afresh and it has been decided that instead of routing their references through the JCA Division of the Department of Personnel and Training, the concerned Ministries/Departments would arrange meetings of the Committee of Ministers on the non-arbitrable items concerning their Departmental Councils. Sd/- (MRS.KNK KARTHIAYANI) DIRECTOR (JCA)

Joint Consultative Machinery - Constitution of Office Council (JCM) in the Cadre Controlling Ministry in respect of CSS / CSSS / CSCS No.2/95/78-CS.IV Government of India Ministry of Personnel, P.G. & Pensions (Department of Personnel and Training) New Delhi, the 28th September, 1989 OFFICE MEMORANDUM Subject:-Constitution of Office Council (JCM) in the Cadre Controlling Ministry in respect of CSS / CSSS / CSCS. Clause 6 of the JCM Scheme provides for setting up of regional and / or Office Councils where the structure of a Department permits the setting up of such councils. The Staff representatives are to be nominated by the recognized Service Associations from amongst the staff of the office / establishment for which the office council has been set up. (O.M.No.5/10/71-JCA dated 21st November, 1972). However, in respect of the office council of the cadre authority concerning CSS/CSSS/CSCS staff, such nomination may be accepted from amongst staff working in any of the offices included in the Office Council of the cadre authority. (O.M. No.2/9/73-CS.IV dated 20th December, 1973). In order to facilitate smooth and effective discussion on common cadre problems in respect of secretariat staff, one representative each of the staff side of the Office council of the cadre units are invited to participate on the meetings of the office councils of the cadre authority only on items pertaining to that cadre of the CSS /CSSS/ CSCS as a whole and not in respect of other matters which fall exclusively within the jurisdiction of the office council of the cadre authority. (O.M.No.2/9/77–CS.IV dated 17.1.1978). 2. It has been represented by the Staff Side of the Department Council of the Department of Personnel and Training that the present procedure to discuss the cadre problems of CSCS/CSS/CSSS in the Central Secretariat in each Ministry and Department under the main Office Council has not been effective, as there is no mechanism available to them in case a problem arises with regard to issues affecting more than one Department / Office under the same Cadre Controlling Authority. This is particularly so in Ministries / Departments where there are more than one Office Councils functioning and the common cadre issues were not getting appropriately reflected in the Main Office Council in respect of other Office Councils functioning in the same Ministry / Department. 3. The matter has been discussed with the Staff Side and after detailed examination, it has been decided that, in partial modification of the existing instructions laid down in this Department O.M.No.2/9/77-CS.IV dated 17.1.1978, the "Special Invitees" permitted in the Main Office Council (representing each of the other Office Councils functioning under the same Cadre Controlling Authority) will enjoy the status of regular members for the specific purposes of discussion on issues relating to common cadre problems. In addition, one more member, to be nominated jointly by all the CSCS/CSSS/CSS Associations, will also be permitted in the Main Office Council enjoining the status of regular members with the same stipulation as provided for other special invitees. Thus, if there are four Office Councils functioning under one cadre controlling authority viz. ministry / department, of which one happens to be the main Office Council, besides staff members of the main Office Councils, there will be three members, one each from the remaining three Office Councils plus one more member to be nominated jointly by all the said Associations who would participate in discussions in the Main Office Council. While these additional members will enjoy the status of the regular members of the Main Office Council, their field / scope of the activities will be confined to the common cadre problems only. Note: Copies of all the instructions mentioned above are included in the Brochure on JCM for Central Government Employees brought out by this Department and is available on sale with Kitab Mahal, Baba Kharag Singh Marg, New Delhi. Sd/- (J.S.SINHA) Deputy Secretary to the Government of India

Joint Consultative Machinery - Introduction of new technology in various Ministries / Departments No.3/42/87-JCA Government of India Ministry of Personnel, P.G. & Pensions ( Department of Personnel & Training ) New Delhi, the 25th January, 1988 OFFICE MEMORANDUM Subject:- Introduction of new technology in various Ministries/Departments. The undersigned is directed to say that in the last meeting of the National Council (JCM) held on 18th/19th August, 1987, the Staff Side had demanded that they should be consulted whenever there was a proposal for introduction of new technology. 2. The Ministry of Finance etc. are therefore requested that whenever 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. Sd/- (SMT.K.N.K.KARTHIAYANI) Director (JCA)

Joint Consultative Machinery - Raising the limit of pay from Rs.900 – Rs.2,900 per mensem for eligibility No.1/1/87-JCA Government of India Ministry of Personnel, P.G. & Pensions (Department of Personnel & Training ) New Delhi, the 21st May, 1987. Subject:- Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees – Raising the limit of pay from Rs.900 – Rs.2,900 per mensem for eligibility. As the Ministries/ Departments are aware, the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees covered all regular civil employees of the Central Government except inter-alia persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in Supervisory capacity draw salary in scales going beyond Rs.900/-per mensem. vide Clause 1© of the JCM Scheme. 2. With the revision of the scales of pay on the recommendations of the Fourth Central Pay Commission, the limit of Rs.900/- referred to in para 1 above, has correspondingly to be increased in order to ensure that employees who were already covered by the Scheme still continue to be so covered. The matter has been examined and it has been decided that, as under the new revised scales of pay etc., the limit of Rs.900/- would correspond to Rs.2,900/- the Scheme should be treated as amended to this extent. Accordingly, Clause 1© of the JCM Scheme may now be deemed to read as under:- "Persons in Industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity draw salary in scales going beyond Rs.2,900/-per mensem". 3. This may be brought to the notice of all concerned. Sd/- ( BATA K.DEY ) Director

Joint Consultative Machinery - Procedure regarding functioning of and recording of agreements No.4/2/79-JCA Government of India Ministry of Home Affairs ( Department of Personnel and A.R.) New Delhi, dated the 11th November, 1981 OFFICE MEMORANDUM Subject:-Scheme for JCM – Department Councils – Procedure regarding functioning of and recording of agreements The undersigned is directed to refer to this Department’s O.M.No.4/2/79-JCA dated the 20th July, 1980, in which consolidated and comprehensive instructions were issued about the procedures to be followed regarding functioning of, and recording of agreements / disagreements in the Departmental Councils. In spite of these instructions, several cases have of late come to the notice of this Department where the procedures laid down therein have been found to have not been followed. It is, therefore, again emphasised that the following instructions should be borne in mind for strict observance and compliance Items suggested by the Staff Side of the Departmental Councils are sometimes not scrutinised properly in advance, and after discussion of the item in the Departmental Council the Staff Side is told to take it up in the National Council as the item merited to be discussed only there. Subsequently, if the Staff side do not accept this contention of the Official Side, this Department is requested to advise about the course of action to be taken. Such a situation is embarrassing to this Department apart from giving the staff side a justifiable cause for complaint about improper functioning of the JCM at the Departmental level. It is, therefore, imperative that the demands of the staff side made in the Departmental Council should be scrutinised in advance, and the Ministries / Departments concerned should take a view in the first instance if considered necessary in consultation with Department of Personnel & A.R., as to whether they fall within the jurisdiction of the Departmental Council or in the National Council. In the latter case, the Staff side should be advised suitably. After admission of an item, it would not be proper for the Official side to disown the item or for the Chairman to disallow discussion on the ground of conflict or jurisdiction. If the staff side of the Departmental Council do not accept the official side view about the arbitrability of an item under the Scheme for JCM, the matter should be referred to Department of Personnel and A.R. by name to the Joint Secretary or Deputy Secretary in-charge of JCA Section. Till such advice is available, no final disagreement on the disputed item should be recorded, and, the staff side in the Council / Committee asked to await the advice of the Department of Personnel and A.R. as the final authority for deciding on the arbitrability of the issues under the JCM Scheme. There, indeed, would be positive advantage in consulting the Department of Personnel in cases of anticipated disagreement. It has been observed in many cases that on the staff side contesting the view of the official side about the arbitrability of a particular item under clasue 16 of the JCM Scheme, the Ministries / Departments concerned consult the Ministry of Law directly and this Department is kept in the dark. Law Ministry have opined that the Department of Personnel and A.R. alone is competent under the Government of India ( Allocation of Business ) Rules to decide on all matters relating to the Scheme for JCM including the arbitrability of the item for Joint Councils. It is only proper that such consultation with the Ministry of Law, if necessary, should be done by this Department, who, thereafter, on the basis of uniform policy followed, practice adopted, and precedent cases, will advise the Ministries / Departments suitably. The practice of various Departments seeking direct advice from their accredited legal advice branches giving rise to expression of different legal opinion on the arbitrability of similar or same items in different Councils is not only irregular but also creates an embarrassing situation for this Department. It may be ensured that such situations do not arise in future. It has also been observed that at the meetings of the Joint Council and its Committees, the official side, in order to project a favourable image before the staff side, has sometimes the tendency to say that though it is favourably inclined to the demand, other Departments of the Government are responsible for its non-acceptance. Such indication of individual stand on the staff side demand would not only be embarrassing but also premature and creates, in the long run, difficulties for the Government. In no case should it be indicated the stage at which, and the Department where, the proposal is under consideration. As emphasised earlier, vide our O.M. dated the 20th July, 1980, when the official side takes a view on the staff side demand, after consultation with the Ministry of Finance etc., if necessary, in advance, it is done on behalf of the Government as a whole and it is not proper to take the stand at the meeting with the staff side that the Ministry of Finance, etc. do not agree to the proposal. This causes unnecessary and avoidable embarrassment and should not arise in future. 2. The Ministry of Finance etc., are requested to follow the procedures mentioned above strictly. SD/- BATA K. DEY DEPTUY SECRETARY TO THE GOVT. OF INDIA

Joint Consultative Machinery - Procedure regarding functioning of and recording of Agreement / Disagreements No.4/2/79-JCA Government of India Ministry of Home Affairs ( Department of Personnel and A.R.) New Delhi, the 20th July, 1980 OFFICE MEMORANDUM Subject:- Scheme for JCM-Departmental Councils – Procedure regarding functioning of and recording of Agreement/Disagreements. The undersigned is directed to say that the Staff side of the National Council submitted the following for discussion during the 23rd Ordinary Meeting of the National Council which was held on the 2nd / 3rd February, 1979:- The Official Side after having discussed the issues threadbare hesitate to record disagreement because under some instructions which are confidential from the Staff Side they had to consult the Department of Personnel before recording disagreement; and The Official Side refer the matter to the Ministry of Finance and convey to the Staff Side that the Finance Ministry does not agree. This type of reference makes mockery of the whole scheme under which discussions will have to take place across the table. These points were discussed by the Official side prior to the meeting of the Council. Cabinet Secretary and Chairman of the Council desired that the procedures for functioning of the Departmental councils ( the points mentioned above having emanated from the working of the Department Council ) particularly for recording of agreement / disagreements, either in such Council or in their sub-committee, should be given a fresh look. 2. As regards (i) above, instructions* had been issued in 1967 where it was laid down that the Official Side should conclude matters at the meetings of the Councils and not reserve them for later decision by Government. For a proper discharge of this responsibility, the Official Side representatives are expected to consider the items on the Agenda well in advance of the meeting and obtain clearance / concurrence from the concerned authorities at the appropriate level before they attend the meetings of the Council so that they can speak and commit themselves on behalf of the Government. On items submitted by the Staff Side of the Council which may have horizontal coverage the Official Side should consult the concerned Ministries / Departments well before the meetings. If the various items on the Agenda are adequately examined before the meeting of the National / Departmental Council for which already a notice of 8 weeks is given by the Staff Side and Ministries / Departments also get in practice a notice of more than 4 weeks for taking Government decisions on the items and preparing official briefs on the subject – there should not be any difficulty for the Official Side to take a stand in the matter on behalf of Government and, if considered necessary, record disagreement. The prompt decision would remove the complaint of the Staff Side that the Official Side do not come equipped with the Government’s decisions in the matter, or consult Department of Personnel. As it is, the notice period available with the Departments should be considered adequate for obtaining the decision of the Government. If for some reason it is not possible to project the final view of the Government in the Council meetings, the concerned Department must commit a time-frame, usually not exceeding a month from the date of the meeting within which the Government could arrive at some finality on the subject. In the following meeting, there should arise no occasion for the Official Side to seek further postponement of recording of the disagreement, if the Staff Side so presses. All consultation with the concerned Departments / approval of the Cabinet, where necessary, etc. should be completed within this period. On items which are clearly arbitrable under Clause 16 of the JCM Scheme instructions** were issued in 1968, enjoining on the Ministries / Departments to make a report to the Cabinet as soon as reference for arbitration on items relating to "Pay and Allowance" was received. However, in order to ensure that the Cabinet got adequate opportunity to consider the matter, it was decided in 1970 that on an item relating to "Pay and Allowance" before the Departmental / National Council on which there was no likelihood of agreement between the Official Side and the Staff Side either during discussion in the Council or in the Committee of the Council, the Administrative Ministry concerned should submit the matter*** for consideration of the Cabinet before a disagreement was recorded. Before submitting the Note for the Cabinet, the Department of Personnel are required to be consulted. In regard to disagreements on items which are not arbitrable under Clause 13 of the JCM Scheme Government is required to take action according to its own judgement. However, a convention has been established in the National Council**** by which the Staff Side of the National / Departmental Council if they so desire, can place their points of view before a Committee of Ministers consisting of Home Minister, Labour Minister and the Minister administratively concerned with the subject. The sub-Committee set up by the National / Departmental Council being subordinate to it, should submit their reports to the Council. Only after a final disagreement is recorded at the meeting of the Council, the procedure detailed above will apply depending on whether the items are arbitrable or non-arbitrable. Thus for recording disagreements on non-arbitrable issues, there are no instructions enjoining prior consultation with the Department of Personnel. As regards the second point, the complaint of the Staff Side is that the Official Side often refer matters to the Ministry of Finance and then convey to the Staff Side that the Finance Ministry does not agree. In all such cases where approval of Ministry of Finance is required, the concerned Department is required to hold consultations with the Ministry of Finance before attending the meeting of the Council and decide the Official side approach to the item of the Agenda, so that in the meeting itself whatever views have been decided upon may be transmitted to the Staff Side. When the Official Side takes a view or stand, it is done on behalf of the Government and any reference by the Official Side to the Ministry of Finance or the Department of Personnel or any other wing of the Government as the authority rejecting the proposals causes needless embarrassment and must be avoided. Since the Department of Personnel is the nodal agency for JCM as a whole any doubt in regard to the arbitrability or otherwise of an item is required to be referred to this Department and its opinion sought before the Joint Council meetings take place and, as stated, before submitting the Note for Cabinet, seeking approval to record disagreements on an arbitrable issue, whether it pertains to National or Departmental Council. But there is no need for further consultation with the Department of Personnel after recording disagreement, except that references to the Board of Arbitration will have to be routed through this Department. 4. In order to expedite the disposal of cases, especially in regard to arbitrable matter, attention is invited to the instructions***** issued in 1968, which lay down the following:- "From the National Council, the request for arbitration will be made directly to the Secretary, Ministry of Labour by the Home Ministry on behalf of the National Council. This will be in the form indicated in the Annexure." "From the Departmental Council the communication to the Ministry of Labour, as in the Annexure, may be routed through the Ministry of Home Affairs. The Ministry of Home Affairs will forward the reference to the Ministry of Labour and Employment within a period of 15 days. This time limit will be strictly observed." 5. While reiterating the above instructions, this Department would emphasis that the following steps may be kept in view for processing the agenda items in the meetings of the Departmental Council of the JCM:- The agenda items for the next meeting should be obtained from the Staff Side at least six weeks in advance and should be scrutinised 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 & A.R. at that stage itself so that the issue gets sorted out in time. 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. 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 & A.R. should be obtained well in time so that a decision can be taken in the meeting itself. In case of doubt whether a demand is arbitrable under clause 16 of the JCM Scheme or not, the Department of Personnel & A.R. may be consulted in advance. The items on which it is proposed to record a disagreement and which can be referred to the Board of Arbitration should be placed before the Cabinet for their consideration and / or orders before a disagreement is recorded. Earlier instructions stipulated seeking prior Cabinet approval on only some selective items out of array of arbitrable items. Those instructions were issued under certain circumstances which have changed with the time. In the light of experience it has now been considered that on all arbitrable items, prior Cabinet approval may be taken if it is felt that disagreement is likely to be recorded. The items which have some impact on other Departments or pertain to their field should be considered in consultation with such Ministries / Departments. If considered necessary a formal brief from those Ministries / Departments should also be obtained so as to ensure that it receives proper consideration in so far as it relates to their sphere of responsibility. Before a demand is accepted in the meeting of the Departmental council, prior consultations should take place with the authorities concerned e.g. the Ministry of Finance, Department of Personnel etc. so as to avoid embarrassing situations subsequently. It may once again be emphasised that the Official Side in a Departmental Council represents the Government and whatever final view is taken, either in consultation with others or without, represents the view of the Government. Therefore, it would be inappropriate to take the position later that an item cannot be accepted because a particular Ministry or Department did not agree to the same. As soon as a disagreement is recorded, it should be referred to the Board of Arbitration through the Department of Personnel without any delay and in any case within two weeks of finalising the terms of disagreement. 6. The Ministry of Finance etc. are requested to bring the above procedure to the notice of all concerned and to advice the Official Side members to prepare themselves well in advance before the meeting of the Departmental / National Council and take Government’s orders at the appropriate level on the items with which they are concerned so that they could take decision on the items in the Departmental / National Council. Sd/- BATA K. DEY Deputy Secretary to the Govt. of India

Joint Consultative Machinery - Preparation of Official Briefs on the items suggested by the Staff Side No.3/37/79-JCA Government of India Ministry of Home Affairs (Department of Personnel and Administrative Reforms) New Delhi, dated the 6th May, 1980 OFFICE MEMORANDUM Subject:- Meeting of the National Council (JCM) – Preparation of Official Briefs on the items suggested by the Staff Side. The Ministry of Finance etc. are aware that according to the present practice, copies of Explanatory Notes on items suggested by the Staff Side for inclusion in the Agenda of the National Council meeting are sent in advance for preparation of the Official Briefs indicating the Official approach to the items. These Briefs are circulated to the members of the Official Side of the National Council in advance for discussing the Official Side approach at the meeting with the Staff Side. It has been noticed that Briefs are often prepared by different Ministries / Departments on the same item but without following a uniform pattern which affects facility of reference and creates confusion at times. The former Cabinet Secretary-cum-Chairman, National Council had commented on this aspect and desired uniformalised rationalisation of the Official Briefs. It has, accordingly, been decided that in future Official Briefs should be prepared uniformaly 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. The proforma indicating the form in which the Briefs should be prepared is enclosed. 2. It has also been noticed that in Official Briefs prepared by different Ministry / Department on the same items, divergent views are expressed – one Department may agree, others may disagree with the proposal. This approach variance causes confusion, if not embarrasment. It has, therefore, been decided that hereafter, copies of the explanatory notes submitted by the Staff Side on each item will be forwarded to the main Ministry / Department concerned with the subject matter and it will be their responsibility to consult, if necessary, the other concerned Ministries / Departments and incorporate their views also in the Official Briefs. Thus only one Brief on each items will be circulated to the Official Side members of the National Council. 3. Ministry of Finance etc. are requested to keep the above in view while preparing Official Briefs on the items suggested by the Staff side of the National council. Sd/- BATA K. DEY DEPUTY SECRETARY TO THE GOVT. OF INDIA

Joint Consultative Machinery - Nomination In respect of C.S.S. etc No.2/9/77-CS(IV) Government of India Ministry of Home Affairs ( Department of Personnel & Administrative Reforms ) New Delhi, dated the 17th January, 1978. OFFICE MEMORANDUM Subject:-Scheme for Joint Consultative Machinery and Compulsory Arbitration – Office Council – Nomination In respect of C.S.S. etc. As the Ministry of Finance, etc. are aware, in accordance with the instructions contained in para 2 of Department of Personnel and A.R. O.M. No.5/10/71-JCA, dated 21st November, 1972, 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 under Clause 6 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration or from amongst the honourably retired employees or ex-employees of that office / establishment who may be permitted by Government to be members of the Office Council. However, in order to enable the common service problems of each cadre of the decentralised Central Secretariat Services being discussed in the Office council of the cadre authority ( main Ministry / Department controlling the cadre ), it was decided vide this Department’s O.M.No.2/9/73-CS(IV), dated the 20th December, 1973 that the recognised staff Associations representing the CSS categories of staff, i.e. staff of Central Secretariat Service, Central Secretariat Stenographers’ Service and 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. 2. It has been represented by the Staff Side of the Departmental Council of the Department of Personnel and A.R. that the present procedure to discuss common service problems of each cadre of the CSS in the office council of the cadre authority has not been effective. In pursuance of the discussions held in that Departmental procedure to discuss common service problems of each cadre of the Council, it has now been decided that in partial modification of the existing procedure, wherever the C.S. cadre ( C.S.S., C.S.S.S., C.S.C.S. ) comprises 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 would be allowed to participate in the discussions in the meeting of the Office Council 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 councils of the units who would be attending the meetings of the Office Council of the office of the cadre authority. The representatives in question would be chosen by the Staff Sides of the respective office Council, in the individual units and intimation of the names would be made to the administrative office of the cadre authority through the respective administration 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. Sd/- K.L. RAMACHANDRAN DEPUTY SECRETARY TO THE GOVT. OF INDIA

Joint Consultative Machinery - Meeting of the National Council (JCM) held in November, 1975 No.3/23/75-JCA Government of India Cabinet Secretariat ( Department of Personnel and Administrative Reforms ) New Delhi, the 20th January, 1976. OFFICE MEMORANDUM Subject:-Meeting of the National Council (JCM) held in November, 1975 – Joint Nomination by more than one Association/Union to single seat. The undersigned is directed to say that as the Ministry of Finance etc. are aware, Clause 7(i) of the JCM Scheme stipulates that members of the Staff Side of the National Council should be nominated by recognised Associations/ Unions. The Constitution of the National Council does not specify the manner in which nominations are to be made to a single seat by more than one Association / Union. The practice heretofore has been to ask for unanimous nominations jointly by all the concerned Associations / Unions to the seat(s) in question. There have been instances where, due to lack of unanimity among concerned Associations etc. to make the Joint nominations, the seat(s) in question having been lying vacant resulting in the respective categories of employees not being represented in the Council. The matter was placed before the National Council as its meeting held on the 21st and 22nd November, 1975 with a view to resolving it in consultation with the Staff Side. The National Council decided that where joint nominations are required to be made by more than one recognised Association / Union to a single (or group of ) seat(s) on the Staff Side of the National Council and where no unanimity became possible, 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:- The Departmental Council members would chose, by the principle of majority, only from among the nominees of the Associations / Unions in question, and The choice would be made only bv 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. 2. The above decision of the National Council is brought to the notice of the Ministries / Departments etc. for their guidance. Sd/- L.B.MANN Under Secretary to the Government of India

Joint Consultative Machinery - Nomination in respect of CSS etc. categories of staff No. F-2/9/73-C.S.IV Government of India Cabinet Secretariat (Department of Personnel & Administrative Reforms) New Delh-110 001, the 20th December, 1973 OFFICE MEMORANDUM SUBJECT:- Scheme for Joint Consultative Machinery and Compulsory Arbitration - Office Councils - nomination in respect of CSS etc. categories of staff. As the Ministry of Finance, etc. are aware, clause 6 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides inter alia for the setting up of Office Councils for dealing with local questions. According to the instructions contained in paragraph 2 of this Department’s O.M. No. 5/10/71-JCA, dated the 21st November, 1972, 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, or from amongst the honourably retired employees or ex-employees of that Office/Establishment, who may be permitted by Government to be members of the Office Council. 2. It has been represented by the Staff Side of the Departmental Council of the Department of Personnel & Administrative Reforms that, as the Central Secretariat Service (upto and including the grade of Section Officers), the Central Secretariat Stenographers Service and the Central Secretariat Clerical Service are decentralized and as the common service problems of each CSS cadre are dealt with in the Ministry/Department controlling the cadre, there should be a common forum at which the common service problems of each CSS cadre might be discussed, and that such effective discussion would be facilitated if the recognized staff associations concerned were permitted to nominate their representatives to the common forum from among the staff in any of the offices in the particular CSS Cadre. This demand has been considered in the Departmental Council of the Department of Personnel & Administrative Reforms, and in pursuance of an agreement in that Council it has been decided, in partial modification of the instructions referred to in paragraph 1 above, that the common service problems of a CSS Cadre may be discussed in the Office Council of the cadre authority (main Ministry/Department controlling in cadre), and that 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. Sd/- M.K. VASUDEAN Under Secretary to the Govt. of India

Joint Consultative Machinery - Setting up of Office Councils No. 5/10/71-JCA Government of India/Bharat Sarkar Cabinet Secretariat/Mantrimandal Sachivalaya (Department of Personnel/Karmik Vibhag) New Delh-1, the 21st November, 1972 OFFICE MEMORANDUM Subject:- Scheme for Joint Consultative Machinery - Setting up of Office Councils. The undersigned is directed to refer to the Department of Personnel O.M. No. 5/18/71-JCA, dated the 28th December, 1971, forwarding a copy of the Model Constitution of the Office Councils in the Headquarters Offices of the Ministries/Departments, and to invite attention to Note I under Clause 5(a) of the Model Constitution mentioned above. Note I under Clause 5(a) of the Model Constitution reads as follows:- "In the case of C.S.S. categories of staff nominations to the Staff Side from amongst the Staff of the Ministry will be made by the concerned Associations/Unions/Federations recognized by Government." A question has been raised in this connection whether nominations to the Staff Side seats should necessarily be from among the staff of the Ministry/Department concerned, i.e., the establishment for which the Office Council is constituted, or whether such nominations could be made from among the staff outside the Ministry/Department. 2. Clause 6 of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees provides for setting up Regional and/or Office Council where the structure of a Department permits the setting up of such Councils. These Councils will deal only with regional or local questions. Since the discussion in the Office Council is to be confined to local matters relating to conditions of work, welfare, etc. of the employees and is to be normally limited to matters within the competence of the Administration of the Ministry/Department concerned, it is clear that the representatives on the Staff Side of the Office Council have to be those who are the employees of the Ministry/Department concerned. Such employees representatives should not only be aware of the local problems to be discussed within the Council, but should also appreciate the difficulties, if any, of the Official Side. This could only be possible when such representatives belong to the Ministry/Department concerned. As a general proposition, therefore, the nominations to the Staff Side of an Office Council should be from amongst the staff of the office/establishment for which the Office Council has been constituted. Similarly, having regard to the provisions contained in clause 5(b) of the Model Constitution and the Note thereunder, an honourbly retired employee, who is permitted by Government to be a member of the Office Council, should also, but for his retirement, fulfill this conditions. The same condition applies in the case of ex-employees as well. 3. A specific mention of the above position has been in Note 1 below Clause 5(a) of the Model Constitution in the context of the C.S.S. categories of staff because of the Union/Associations of such staff are granted recognition centrally be the Department pr Personnel, and it was considered desirable to make it clear that even such centrally, recognized Unions/Associations would have to make their nominations from amongst the staff of the Ministry/Department/Directorate for which such Council is formed. These general principles are equally applicable to the nomination of the Staff Side representatives in all Office Councils in the Ministries/Departments as also to those formed for the Attaches/Subordinate offices, whether the nominations concern C.S.S. categories of staff or otherwise, Ministry of Finance, etc. are requested to bring this position to the notice of all concerned. Sd/- ( K. RAMIAH ) Under Secretary to the Govt. of India.

Joint Consultative Machinery - J.C.M. Scheme - Setting up of Office Councils No. 5/1/72-JCA Government of India Cabinet Secretariat (Department of Personnel) New Delh-1, the 21st March, 1972/31st Phalguna, 1893 OFFICE MEMORANDUM SUBJECT:- J.C.M. Scheme - Setting up of Office Councils. In continuation of this Department’s O.M. No. 5/18/71-JCA, dated the 18th December, 1971 regarding setting up of Office Councils at the Headquarters offices of the Ministries/Departments of the Government of India, the undersigned is directed to advise the Ministries/Departments that, after giving the concerned recognized Associations/Unions of employees in such Offices a reasonable opportunity and time to send their nominations to the Staff Side of the Office Councils, Ministries/Departments may proceed to set up their Office Councils and convene meetings thereof, as soon as nominations to at least 1/3rd of the total strength of the Staff Side of the Office Councils, which constitutes 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 to 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 functions laid down in the constitution of the Council) would be those which pertain to the categories of staff represented therein, Ministry of Finance, etc. are, therefore, requested to proceed accordingly with the formation of the Office councils in their offices. Sd/- N.R. SUBRAMANYAN, Under Secy. to the Govt. of India.

Joint Consultative Machinery - Representation of Staff Side in the Councils set up under the Scheme No. 3/24/69-JCA Government of India Ministry of Home Affairs New Delh-1, dated the 19th July, 1970 OFFICE MEMORANDUM SUBJECT:- Scheme for Joint Consultative Machinery - Representation of Staff Side in the Councils set up under the Scheme. The Constitution of the National Council set up under the Scheme for Joint Consultation and Compulsory Arbitration for Central Government employees inter alia provides for the nomination of representatives of the Staff Side of recognized employees’ organizations and the term of membership of such representatives. Similar provisions also exist in the Constitutions of the Departmental and other councils set up under the J.C.M. Scheme. In order to enable these Councils to function effectively, Ministries/Departments were requested in Ministry of Home Affairs O.M. No./ 8/1/64-JCA, dated the 30th September, 1967 to take necessary steps to facilitate the Staff Side representatives to attend the meetings of the Councils. As the Ministry of Finance, etc. are aware, Government attach considerable importance to the proper and effective functioning of the Joint Consultative Machinery. To this end, it is necessary to ensure that the Staff Side representatives are able to participate fully in the deliberations of the Council set up under the Scheme. If any of the Staff Side members are transferred on deputation, for service with public undertakings or other establishments (except where their services are loaned on foreign service to the employees’ association/union) or to a place outside the country, it would obviously be difficult for them to participate effectively, in the concerned Council of the Joint Consultative Machinery. Moreover, it may also be difficult for such members to maintain contacts with the employees whom they represent and to take up their grievances to the concerned Council for consideration. In view of this position, and particularly of the keenness of Government for the effective functioning of the Joint Councils, 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, is/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. Sd/- N.R. SUBRAMANYAN, Under Secy. to the Govt. of India.

Joint Consultative Machinery - Conduct of Business in the Joint Councils No. 6/2/68-JCA Government of India Ministry of Home Affairs New Delh-1, dated the 25th February, 1970 OFFICE MEMORANDUM SUBJECT:-Conduct of Business in the Joint Councils - Procedure for - Attention is invited to Ministry of Finance, Department of Expenditure O.M. No. F. 5(1)-E (Coord)/67, dated November 3, 1967, in which it was pointed out that the official side representatives in the joint Councils have to take final decision in the meetings on the points brought up before such councils and cannot reserve them for later decision by Government. It was, therefore, suggested that, for a proper discharge of this responsibility, the official side representatives would have to consider the items on the agenda well in advance of the meetings, and obtain clearance from the authorities concerned at the appropriate level, i.e., from the Minister concerned or the Finance Ministry or the Cabinet as required, before attending the council meetings so that they would have the proper authority to make commitments on behalf of Government. In regard to matters affecting the pay scales of staff, it was further pointed out that, in view of the existing ban on upward revision of pay scales, any move for such revision would involve relaxation of the ban requiring prior approval of the Cabinet, and that, therefore, in cases where such pay revision was found to be fully justified on merits, the necessary approval of the Cabinet should be taken in advance for the relaxation of the ban in the specific cases expected to be brought up before the Departmental/National Council meetings. 2. In para (ix) of Ministry of Home Affairs O.M. No. 6/2/68-JCA, dated 21st September, 1969, the Ministries/Departments were intimated that, in view of the existing ban on pay revision, and the fact that an arbitration award is binding unless modified by Parliament, it is desirable that the Ministries/Departments concerned keep the Cabinet informed of the disagreements in the Departmental/National Councils on matters relating to pay/allowances. They were, therefore, requested to make a report to the Cabinet as soon as a reference for arbitration on an item relating to pay and allowances was received. 3. In the light of the experience gained in this regard so far, it has been observed that the procedure mentioned in para 2 above does not give an opportunity to the Cabinet to consider whether or not arbitration is necessary or avoidable, since at the stage at which the matter is reported to the Cabinet, a disagreement has already been recorded in the concerned Joint Council, and arbitration has been asked for. There is no provision in the present scheme for Joint Consultative Machinery and Compulsory Arbitration to refuse to refer a dispute to arbitration where it is arbitrable. It is felt that a more appropriate course would be that the Cabinet should have an opportunity to consider the merits of a demand about pay and allowances before a disagreement is recorded thereon, and to give suitable directives to the administrative Ministry/Official Side of the Council in this regard, unless the matter has already been considered by the Cabinet in the light of the Ministry of Finance, Department of Expenditure O.M. of 3rd November, 1967, referred to in para 1 above. It has, therefore, been decided, in modification of para (ix) of Ministry of Home Affairs office memorandum of 21st September, 1968, referred to in para 2 above, that where an item relating to pay and allowances comes up before a Departmental/National Council, on which there is no likelihood of agreement between the official and staff sides either during the discussion in the Council or in the Committee, which might be set up by the Council to consider the item, the administrative ministry concerned should submit the matter for consideration of the Cabinet, before a disagreement is finally recorded on the item in the Departmental/National Council. This procedure would, however, be not necessary if the matter has already been considered by the Cabinet according to the instructions contained in the Ministry of Finance office memorandum of 3rd November, 1967, referred to in para 1 above

Joint Consultative Machinery - J.C.M. Scheme - Meetings of Joint Councils No. 1/5/69-JCA Government of India Ministry of Home Affairs New Delh-1, the 30th January, 1970/10th Magha, 1891 OFFICE MEMORANDUM SUBJECT:- J.C.M. Scheme - Meetings of Joint Councils - Need for obtaining prior orders of the competent authority before items are taken up for discussion in the meetings of the Councils. Attention of the Ministry of Finance, etc. is invited to Clause 10 of the J.C.M. Scheme, which provides that the Official Side will conclude matters at the meetings of the Council, and will not reserve them for later decision by Government. The idea is that the Official Side will come to meetings of the Councils with authority to enter into agreement, or to make an offer on behalf of Government. This provision, therefore, required that each subject of discussion and negotiation at a meeting of a Council will be examined very thoroughly and expeditiously, and, where necessary, prior orders obtained at the appropriate level before the Official Side attend the meetings of a Council. 2. An instance has come to the notice of this Ministry where, though the Official Side was inclined to concede a demand of the Staff Side, the item was taken up for discussion/consideration in the meeting of the Council before obtaining the approval of the competent authority. The result was that the discussions or negotiations in the meeting were inconclusive, and it was only decided that the orders of the competent authority should be obtained. It would be appreciate that such a decision was hardly justified. If the Official Side were convinced of the justice of a claim they should have obtained clearance at the appropriate level before the meeting of the Council so that an agreement could be recorded. In order to avoid recurrence of such instances, it is requested that 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. 3. The above position may please be brought to the notice of all Official Side representatives of the Joint Councils under the J.C.M. Scheme. Sd/- P.V. NAYAK Dy. Secy. to the Govt. of India.

Joint Consultative Machinery - National/Departmental Council - Continuance of membership after retirement from service No. 3/25/69-JCA Government of India Ministry of Home Affairs New Delhi, the 23rd August, 1969 OFFICE MEMORANDUM SUBJECT:- National/Departmental Council - Continuance of membership after retirement from service.- The undersigned is directed to invite attention to the note below Clause 7(iv) of the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees, under which Government may permit an ex-employee to be a member of a Joint Council after examining the merits of each individual case. 2. A question has arisen whether a representative of a recognized association/union, which was nominated to a joint council while in Government service, can automatically continue to be a member of the council even after his retirement from Government service if the period of three years from the date of his nomination (as provided in clause 8 of the Scheme) has not expired, and the association/union concerned desires him to continue as a member till the expiry of the period of three years. 3. This matter has been considered. In view of the note below Clause 7(iv) of the Scheme referred to in paragraph 1 above, the continuance of such a member, who becomes an ex-employee on his retirement, is possible, provided: 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 theterm of three years; and the Ministry or Department concerned permits the continuance of such a member after examining the merits of the case. Sd/- B.V. DIGHE, Under Secy. to the Govt. of India //copy//