Joint Consultative Machinery – Model, Instructions for Conduct of Business of Council – Ministry / Department
MODEL, INSTRUCTIONS FOR CONDUCT OF BUSINESS OF COUNCIL – MINISTRY/DEPARTMENT OF___________________
The following instructions shall govern the conduct of business of Departmental Councils under the Scheme for joint consultative machinery and compulsory arbitration for Central Government employees.
1. Short title
The instructions may be called the Instructions for the Conduct of Business of the Departmental Council.
(1) The ordinary meetings of the Council shall be held as often as necessary, and not less than once in four months. A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of meeting.
As far as may be possible, the date of the next ordinary meeting shall be fixed at such meeting of the Council.
(2) A special meeting of the Council may be called by the Chairman. A notice of such a meeting shall be sent to all members not less than seven days before the date of the meeting.
The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides.
(1) The agenda for a meeting shall be prepared under the orders of and approved by, the Chairman.
(2) The agenda for an ordinary meeting shall be circulated to all the members not less than three weeks before the meeting.
(3) The agenda for a special meeting shall be circulated with the notice of the meeting.
(4) A member desiring inclusion of a subject in the agenda of a meeting shall communicate the subject together with an explanatory memorandum where necessary to the Secretary, Official Side or Staff Side, as the case may be, at least eight weeks in advance of the meeting.
The Secretary concerned shall make sure that the subject suggested falls within the purview of the Council and, thereafter, place the suggestions before the Chairman not less than seven weeks before the due date of the meeting for his approval to their inclusion in the Agenda.
(5) Business not on the agenda may only be taken up with the permission of the Chairman.
(6) A matter disposed of by a Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise.
The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the Council.
(1) The Official Side will conclude matters at the meetings of the Council and will not reserve them for later decision by the Government subject to the final authority of the Cabinet agreements reached between the two Sides of a Council will become operative.
(2) If there is no agreement between the two sides, the matter may be transmitted to a Committee of the Council for further examination and report. But, if a final disagreement is recorded and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration, if so desired by either side.
The Chairman of the Council shall make a report to the Labour Minister for reference to the Board of Arbitration within a week of the final disagreement being recorded. In other cases the Government will take action according to its own judgment.
(3) A dispute shall not be referred to arbitration from the Departmental Council unless it has been considered by the National Council when the dispute covers 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.
(4) Matters of interest to employees of single Department will not be dealt with by the National Council but by the Departmental Council. The Departmental Council will deal only with matters affecting the staff employed in the Department or Departments covered by it.
If a dispute arises in a Council at a lower level the Chairman of such Council shall record such dispute with a brief statement of the case and after securing the Council’s approval to the text remit the matter to the Chairman of the Departmental Council for consideration.
7. Publication of Statements
The statements issued under the authority of the Council shall be published; such statement shall be as full and informative as possible.
(1) The above instructions shall also govern the conduct of business of the Committees of the Departmental Council.
The Committees shall not, however, take final decisions on any subject that come before them and shall transmit their conclusions to the Council for decision.
(2) The Committees and their members shall not give publicity to their recommendations and any statements for publicity shall only issue from the Council in the manner prescribed in instruction 7.