Joint Consultative Machinery – GOI decisions (O.M. No. 4/2/79-JCA, dated 11-11-1981).
(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).