Joint Consultative Machinery - Model Constitution of the Departmental Councils
MODEL CONSTITUTION OF THE DEPARTMENTAL COUNCILS
1. Short title
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:
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.
4. Scope and Functions
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.
5. Members of the 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.
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.
(f) Permanent Secretariat
There shall be a permanent Secretariat of the Council under the control of the Chairman.
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.
8. Appointment of Committees
A Council may appoint committees from amongst its members to study and report on any matter falling within its scope.