Government of India
Ministry of Home Affairs
New Delhi-1, dated the 19th July, 1970
Scheme for Joint Consultative Machinery – Representation of Staff Side in the Councils set up under the Scheme.
The Constitution of the National Council set up under the Scheme for Joint Consultation and Compulsory Arbitration for Central Government employees inter alia provides for the nomination of representatives of the Staff Side of recognized employees’ organizations and the term of membership of such representatives.
Similar provisions also exist in the Constitutions of the Departmental and other councils set up under the J.C.M. Scheme. In order to enable these Councils to function effectively, Ministries/Departments were requested in Ministry of Home Affairs O.M. No./ 8/1/64-JCA, dated the 30th September, 1967 to take necessary steps to facilitate the Staff Side representatives to attend the meetings of the Councils.
As the Ministry of Finance, etc. are aware, Government attach considerable importance to the proper and effective functioning of the Joint Consultative Machinery. To this end, it is necessary to ensure that the Staff Side representatives are able to participate fully in the deliberations of the Council set up under the Scheme.
If any of the Staff Side members are transferred on deputation, for service with public undertakings or other establishments (except where their services are loaned on foreign service to the employees’ association/union) or to a place outside the country, it would obviously be difficult for them to participate effectively, in the concerned Council of the Joint Consultative Machinery.
Moreover, it may also be difficult for such members to maintain contacts with the employees whom they represent and to take up their grievances to the concerned Council for consideration. In view of this position, and particularly of the keenness of Government for the effective functioning of the Joint Councils, it would be desirable to avoid the transfer on deputation to a public undertaking or other establishment, etc. or to a place outside India of an employee, who might be a Staff Side member of a Joint Council, during the period of his tenure as Staff Side member.
If, however, such transfer on deputation etc. becomes unavoidable it may be made if he resigns his membership of the concerned Council(s) and the employees’ organization(s), which has/have nominated him to the Joint Council, is/are able to recommend another representative in his place and such nominee is acceptable to the Chairman of the Council concerned in accordance with its constitution.
Under Secy. to the Govt. of India.