Joint Consultative Machinery – GOI decisions (O.M. No. 1/2/64-JCA, dated 14-1-1964)
(1) There are certain categories of staff holding isolated posts who cannot form an association either because of their small number or because they are scattered over a number of Ministries/Departments and there is no single authority to accord recognition to their association. Such staff may be allowed to join Service Association of another comparable category of employees. (O.M. No. 1/2/64-JCA, dated 14-1-1964).
(2) After giving the concerned recognized Associations/Unions of employees a reasonable opportunity and time to send their nominations of the Staff Side, Ministries/Departments may proceed to set up their Councils and convene meetings thereof, as soon as nominations of at least 1/3rd of the total strength of the Staff Side of the Office Councils, which constitute the required quorum are received and accepted and that, in the interest of the early setting up of the Office Councils, it is not necessary to wait till all the nominations of the Staff Side seats are received. Till majority of the staff of the Ministry is represented in the Office Council, however, the matters to be discussed ( within the scope and function laid down in the constitution of the Council) would be those which pertain to the categories of staff represented therein. (O.M. No. 5/1/72-JCA, dated 21-3-1972).
(3) Nominations to the Staff Side of an Office Council should be from amongst the staff of the Office/establishment for which the Office Council has been constituted. Similarly, an honorably retired employee, who is permitted by Government to be a member of the Office Council, should also, but for his retirement fulfill this condition. The same condition applies in the case of ex-employees as well. (O.M. No. 5/10/71-JCA, dated 21-11-1972).
(4) Class IV staff in the Attached Offices which are included Offices for Central secretariat Service, Central Secretariat Stenographers Service and Central Secretariat Clerical Service will also have representation on the Departmental Council to be set up in the Department of Personnel and Training for Central Secretariat Services and other comparable services. (O.M. No. 1/2/64-JCA, dated 11-3-1964).
(5) Central Government employees holding Class III posts of Staff Car Drivers, Despatch Riders and Gestetner Operators in the Ministries/Departments and in the Attached Offices which are included offices for Central Secretariat Service, Central Secretariat Stenographers Service and Central Secretariat Clerical Service will also have representation on the Departmental Council to be set up in the Ministry of Personnel for Central Secretariat Services and other comparable services. (O.M. No. 1/2/64-JCA, dated 8-12-1965).
(6) The common service problems of a CSS Cadre may be discussed in the Office Council of the cadre authority (main Ministry/Department controlling the cadre), and the recognized staff associations representing the CSS categories of staff, i.e., the staff of the Central Secretariat Service, Central Secretariat Stenographers Service and the Central Secretariat Clerical Service, may be allowed to nominate their representatives to the Office Council of the cadre authority from among the staff working in any of the Offices included in the CSS cadre, and not necessarily only from the staff working in the Office of the cadre authority. (O.M. No. F-2/9/73-CS.IV, dated 20-12-1973).
(7) Whenever the C.S. cadre (CSS. CSSS, CSCS) comprise offices other than those of the cadre authority itself, one representative each of the Staff Side of the Office Council of the Units participating in that cadre should be asked to attend the meetings of the Office Council of the cadre authority. Such special invitees (to be treated as regular member) as per O.M. No. 2/95/78-CS.IV, dated 28-9-1989, would be allowed to participate in the discussion in the meetings of the Office Councils of the cadre authority only on items pertaining to that cadre of the CSS/CSCS/CSSS as a whole and not in respect of other matters which fall exclusively within the jurisdiction of the Office Council of the cadre authority. For this purpose, as soon as the agenda for the meeting of the Office Council of the office of the cadre authority is settled, the cadre authority may write to its individual units for obtaining the names of the representatives of the appropriate Staff Side of the respective Office Council of the office of the cadre authority. The representatives in question would be chosen by the Staff Side of the respective Office Council, in the individual units and intimation of the names would be made to the administrative office of the participating units. The Office Councils, if they so choose, can also nominate a representative, for such time till he is replaced later by another, instead of nominating a representative on each occasion to serve in the Office Council of the cadre authority when common service problems of the cadre are discussed in the Office Council of the office of the cadre authority. (No. 2/9/77-CS.IV, dated 17-1-1978).
(8) In addition to “special invitees”, one more member to be nominated jointly by all the CSCS/CSSS/CSS Associations, will also be permitted on the main Office Council (of the cadre authority) enjoying the status of regular members. (O.M. No. 2/95/78-CS.IV, dated 28-9-1989).
(9) Continuation of the membership of a member, who becomes an ex-employee on his retirement, is possible provided:
the association/union which has nominated the member intimates the Ministry/Department concerned its desire to continue him as a member even after retirement from Government service till the completion of the term of three years; and
the Ministry or Department concerned permits the continuance of such a member after examining the merits of the case. (O.M. No. 3/25/69-JCA, dated 23-8-1969).
(10) Joint Nominations to National Council.- Where joint nominations are required to be made by more than one recognized Association/Union to a single (or group of) seat(s) on the Staff Side of the National Council and where there is no unanimity, the nomination(s) may be made on the principle of majority, by the concerned members of the Staff Side of the respective Departmental Council(s) subject to the following conditions:-
the Departmental Council members would choose by the principle of majority, only from among the nominees of the Associations/Unions in question; and
the choice would be made only by those members of the Staff Side of the Departmental Council who represent the Unions or Associations grouped together for making a joint nomination to the Staff Side of the National Council. (O.M. No. 3/23/75-JCA, dated 20-1-1976).
(11) 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 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. (O.M. No. 3/24/69-JCA, dated 19-7-1970).
Leader of the Staff Side
6.5 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 dearth, retirement, resignation, transfer etc. will be filled for the unexpired term.