Joint Consultative Machinery - Joint Consultation and Compulsory Arbitration Schemefor Central Government employees - clarification in regard

No. 1/2/64-JCA
Government of India
Ministry of Home Affairs

New Delhi-11, dated the 14th January, 1964/24th Pausa, 1885

OFFICE MEMORANDUM

SUBJECT:- Joint Consultation and Compulsory Arbitration Scheme
for Central Government employees - clarification in regard
to…………

Ref:- (i) Shri L.P. Singh’s D.O. letter No. 28/3(S)/63-Ests. (B), dated the 4th October, 1963.

(ii) This Ministry’s O.M. No. 28/6/63-Ests. (B), dated the 29th September. 1963.

The undersigned is directed to forward herewith a statement showing the various points raised by Ministries/Departments about the Joint Consultation and Compulsory Arbitration Scheme together with clarifications thereon.

Sd/-
B.D.JAYAL,
Dy. Secy. To the Govt. of India

STATEMENT

S.No.	Points raised	Clarification
1	2	3
1.	Whether the existing Staff Councils come under the term Recognised Association. If so, whether consultation with them for working out details is necessary?	The Staff Councils constituted in various Ministries are not treated as Association and will cease to exist as soon as Joint Councils are formed in that Ministry / Department. It is, therefore, not necessary to forward copies of the Scheme to the Staff Councils.
2.	If there is no Staff Association / Union, whether the Staff should be asked first to form an Association/Union and then nominate their representative to a Council or whether representatives to the Joint Councils should be elected from amongst the members of the Staff?	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. It is hopped that in order to get the benefit of the Scheme the Staff will gradually organize themselves and form Association/Union in order to get representation on the Council.
3.	Whether it is necessary to set up Joint Councils where there is no Staff Association/Union.	For the reasons, explained against point (2) above, it will not be possible to set up Joint Councils where there is no Staff Association/Union.
4.	Is the Scheme applicable to Public Sector Undertaking, Quasi-Government organizations, etc.?	The Joint Consultation and Compulsory Arbitration Scheme is meant for Central Govt. employees and is not applicable to Public Sector Undertakings or Quasi - Govt. Organisations.
5.	Whether the Departmental Council to be set up in the Min. of Home Affairs for Central Secretariat Services will deal with matters concerning the Secretariat of excluded Departments?	No. The Depart-mental Council in the Home Ministry will deal with employees in various Ministries etc. which are included offices for Central Sectt. Services, Central Sectt. Stenographers’ Services, Central Sectt. Clerical Services etc. and equivalent services in the Ministry of External Affairs and Ministry of Railways (Rly. Board).
6.	Are the Class IV Staff covered by the Scheme?	Yes. Class IV staff in the Ministries / Departments participating in the various Service Schemes referred to against item (5) will have representation on the Departmental Council to be set up in the Ministry of Home Affairs. Such Staff in the Attached and Subordinate Offices will be represented in the Regional/Office Councils.
7.	What exactly is meant by "the level at which the Councils should be set up"? Does this mean that there should be a separate Council for each category of employees?	It is not intended that there should be a Council for each category of Staff. The levels at which Councils will be constituted is contained in para 3 of the Scheme for Joint Consultative Machinery.
8.	Should the Staff representative on the Departmental Council be chosen from the Regional/Zonal Councils?	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.
9.	What should be the basis of selection of members of the Council on the Staff Side between recognized and unrecognized Associations or Unions?	Representation on the Joint Council is not permissible from unrecognized Associations / Unions.
10.	Whether the Scheme will apply to categories of Staff holding isolated posts?	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.
11.	Whether Office councils can be set up for staff of Headquarters office as a Departmental / Regional Council will only deal with matters relating to Department/Region as a whole?	An Office Council can be set up in such circumstances to deal with local problems of Headquarters staff.
12.	Whether all Associations / Unions representing a grade or group of grades will be recognized?	Yes. Provided they fulfill the condition of recognition.
13.	Whether groups like direct recruits, promotees etc. in a grade should merge their associations and form on Association/Union?	It was not the intention that all existing Associations / Unions should be would up for the purpose of Joint Councils, such Associations/Unions should combine.
14.	In case of differences on the Staff Side should a majority decision be taken by the Staff Side?	The Staff Side would speak through their Leader and hey should iron out their differences, if there are any, before their proposals could be considered.
15.	Whether the Min. of Defence could set up a four tier machinery for joint consultation instead of three tier provided in the Scheme, in view of special circumstances prevailing in that Ministry?	If the Min. is satisfied that the organizational pattern and work make this necessary, there would be no objection to their setting up a four tier machinery at National, Ministry, Directorate and lower formation levels.
16.	Whether it will be necessary to consult Appropriate Finance where there are financial implications before decisions are announced in the Councils?	Before attending meetins of the Councils, Official Side will obtain competent orders. Appropriate Finance will be consulted wherever there are financial implications beyond the sanctioning powers of the administrative authority concerned. It is essential that all the formalities are completed expeditiously and the Official Side duly briefed before the meeting of the Council. Adjournment of the consideration of a subject should not normally be asked for by the Official Side unless there are very special reasons for doing so.