Joint Consultative Machinery – Constitution of the Councils of the Ministry / Department
APPENDIX – VII
CONSTITUTION OF THE OFFICE COUNCIL OF THE MINISTRY / DEPARTMENT
1. Short Title
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.
4. Scope and Functions
(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.
5. (a) Composition
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) 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
2.Upper Division Clerks and Lower Division Clerks
3.Class IV employees
6.Technical and Statistical Assistants
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 honorably 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.
5. (c) Secretary
The Staff Side may appoint its Secretary from its Members.
5. (d) Leader
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.
6. Nomination of representatives on the Staff Side by recognized Employees’ Organisations.
(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 recognized 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
The Staff Side representatives will be nominated for a term of three years, but there will be no bar to renomination.
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.
8. Appointment of Committees
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 1/3rd 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.