Joint Consultative Machinery – Constitution of The National Council
APPENDIX – III
CONSTITUTION OF THE NATIONAL COUNCIL
1. Short title:
This Constitution may be called the Constitution of the National Council under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees.
Subject to the provisions of the Scheme for Joint Consultative Machinery and Compulsory Arbitration this Constitution shall cover, as far as may be, all Ministries and Departments of the Central Government.
The object of the Council is to promote harmonious relations and to secure the greatest measure of cooperation between the Government in its capacity as employer, and the general body of its employees in matters of common concerns and with the object, further of increasing of efficiency of public services combined with the welfare of those employed.
4. Scope and functions:
(1) The scope of the Council will include all matters relating to conditions of service and work welfare and improvement of efficiency and standards of work of all regular civil employees of the Central Government except:
the class I services;
the class II services, other than the Central Secretariat Services and the other comparable services in the head quarters organisation of the Government;
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.2900/- per mensem:
employees of the Union Territories; and
Police personnel and personnel of the Railway Protection Force.
Provided, however that:-
(i) in regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles;
(ii) individual cases will not be considered.
(2) The Council will deal with matters affecting Central Government employees generally, such as minimum remuneration, dearness allowance and pay of certain common categories, for instance office clerks, peons, and the lower grades of workshop staff and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council.
(3) Matters of interest to employees of a single Department will not be dealt with by the National Council.
5. Members of the Council:
1. Chairman: Cabinet Secretary
2. Chairman or Member (Staff) or Additional Member (Staff), Ministry of Railways, Railway Board.
3. Financial Commissioner or Additional Member (Finance), Ministry of Railways,
4. Secretary (Defence), Ministry of Defence.
5. Secretary (Defence Production), Ministry of Defence.
6. Secretary, Department of Posts.
7. Secretary (Finance), Ministry of Finance.
8. Deputy comptroller & Auditor General, O/o Comptroller & Auditor General.
9. Secretary (Home), Ministry of Home Affairs.
10. Secretary, Ministry of Urban Development & Poverty Alleviation.
11. Secretary, Department of Personnel & Training.
12. Secretary, Ministry of Labour.
13. Secretary, Department of Health.
14. Secretary, Department of Expenditure.
15. Secretary, Department of Atomic Energy.
16. Secretary, Department of Revenue.
17. Secretary, Department of Science & Technology.
18. Joint Secretary (Estt.), Department of Personnel & Training.
19. Joint Secretary (Pers.), Department of Expenditure.
20. Member Secretary-Director/Deputy Secretary (JCA), DOPT.
The composition as modified above has been notified vide DOPT’s O.M. No. 3/68/2000-JCA dated 28.10.2002.
(ii) Temporary Members:
The Chairman may from time to time, nominate such number of temporary members belonging to any Ministry / Department of the Government of India as, together with the Chairman and the permanent members specified above, will not exceed 25.
(iii) Expert Advisers:
The Chairman may invite experts to the meetings of the National 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 not more than 60 members on the Staff Side nominated by the Association / Unions, Federations / Confederations recognized for the purpose of representation on the National Council. The distribution of the staff side seats between the Ministries / Departments is shown in the Annexure.
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 to be 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 Associations / Unions in any other manner acceptable to Associations / Unions.
NOTE 5:— For the purposes of nomination of the Staff Side, only those federations, associations / unions will be recognized which had enjoyed recognition in the past and which represent broadly and adequately all the categories of employees of a Department.
However, in the case of Department where there has been no recognized federation / association / union in the past, or where the existing federation etc. does not represent all the categories adequately, will another association / union be recognized.
This arrangement is only for an experimental period of one year at an end of which the Government will review the whole question of recognition.
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.
(2) 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 a joint council after examining the merits of each individual case.
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’ organisation may intimate in Form ‘B’ the names of its representatives nominated by its Executive Committees.
( 3) In the event of retirement, resignation, death etc. of a representative of an employees’ organisation such organisation may nominate or, in the case of retirement, re-nominate its representative in Form ‘C’.
(4) On receipt of intimation under clause (2) or (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’ organisation concerned.
7. Term of Membership:
(1) The employees organisations will nominate their representatives for a term of 3 years: but there will be no bar to renomination. The Chairman may, however, permit a change of a representative once in a year if he ceases to be an office – bearer of an Association/ Union after its annual election.
(2) Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term.
NOTE:— An association may replace on the Council such of its representatives as have ceased to be its office bearer at annual elections or by exigencies such as a vote of no confidence.
8. Standing Committees
The Council may have the following Standing Committees:-
(A): Industrial Standing Committee:
It shall deal with matters relating to industrial staff only and shall be appointed by the Council.
(B): Non-Industrial Standing Committee:
It shall deal with matters relating to non-industrial staff and shall be appointed by the Council.
The Council may delegate to the Standing Committees such powers as it may consider necessary for the expeditious disposal of business.
10. Appointment of Committees:
The Council and its Standing Committees may appoint a Committee from amongst their members to study and report on any matters falling within their scope.