Government of India
Ministry of Home Affairs
New Delhi-1, the 30th January, 1970/10th Magha, 1891
J.C.M. Scheme – Meetings of Joint Councils – Need for obtaining prior orders of the competent authority before items are taken up for discussion in the meetings of the Councils.
Attention of the Ministry of Finance, etc. is invited to Clause 10 of the J.C.M. Scheme, which provides that the Official Side will conclude matters at the meetings of the Council, and will not reserve them for later decision by Government.
The idea is that the Official Side will come to meetings of the Councils with authority to enter into agreement, or to make an offer on behalf of Government.
This provision, therefore, required that each subject of discussion and negotiation at a meeting of a Council will be examined very thoroughly and expeditiously, and, where necessary, prior orders obtained at the appropriate level before the Official Side attend the meetings of a Council.
2. An instance has come to the notice of this Ministry where, though the Official Side was inclined to concede a demand of the Staff Side, the item was taken up for discussion/consideration in the meeting of the Council before obtaining the approval of the competent authority.
The result was that the discussions or negotiations in the meeting were inconclusive, and it was only decided that the orders of the competent authority should be obtained. It would be appreciate that such a decision was hardly justified.
If the Official Side were convinced of the justice of a claim they should have obtained clearance at the appropriate level before the meeting of the Council so that an agreement could be recorded. In order to avoid recurrence of such instances, it is requested that the items proposed by the Staff Side should be examined expeditiously, and, where the Official Side is inclined to concede the whole or part of the demand, the orders of the competent authority should be obtained before the meeting of the Council.
Where, however, for any unavoidable reason, the prior orders of the competent authority cannot be obtained before the meeting, the item may be deferred for consideration to the next meeting, or remitted to a Committee of the Council.
This would enable the Official Side to complete the examination of the matter, and to obtain the orders of the competent authority, where necessary, before it is taken up for discussion/consideration in the council or its Committee.
3. The above position may please be brought to the notice of all Official Side representatives of the Joint Councils under the J.C.M. Scheme.
Dy. Secy. to the Govt. of Indiaa.