The scheme of Joint Consultative
Machinery is a platform for constructive dialogue between the representatives
of the staff side and the official side for peaceful resolution of all disputes
between the Government as employer and the employees. The scheme was introduced
in 1966 with the objectives of promoting harmonious relations and securing the
greatest measure of cooperation between the Central 1 Government as the employer
and the employees in matters of common concern and with the object of further
increasing the efficiency of the public service combined with the well being of
those employed. The scheme is a non statutory one mutually agreed upon between
the staff side and the official side.
What is the applicability of the
JCM Scheme?
The scheme covers all regular
civil employees of the Central Government, except:
(a)The Class -I services;
(b)The Class-II services, other
than the Central Secretariat Services and the other comparable services in the
headquarters organisation of the Government;
(c) Persons in industrial
establishments employed mainly in managerial or administrative capacity, and
those who being employed in supervisory capacity drawing salary going beyond
grade pay of Rs.4200/- per month;
(d)Employees of the Union
Territories; and
(e) Police personnel.
3. What is the structure of the
Joint Councils under the JCM Scheme?
The scheme provides for setting
up of Joint Councils at the National, Departmental and Regional / Office
levels. The National Council, chaired by the Cabinet Secretary, is the apex
body.
4. How are staff side members
selected for various Joint Councils?
The representatives of the staff
side for various Joint Councils are chosen / selected from members of the
recognized service associations/ unions.
5. What is the time schedule for
holding meetings of the National/Departmental Councils?
As per the JCM Scheme, ordinary
meeting of the National Council/ Departmental Council may be held as often as
necessary as but not less than once in four months.
6. How recognition is granted to
the staff associations?
The Department of
Personnel 86 Training being the nodal department for matters relating to
Joint Consultative Machinery and Compulsory Arbitration, has notified Central
Civil Services (Recognition of Associations) Rules, 1993 for the purpose of
granting recognition to various service associations. Recognition is actually
granted by the concerned Ministry/ Department in accordance with the CCS (RSA)
Rules, 1993.
In case of any doubt or
confusion, the matter is referred to the JCA Section of the Department of
Personnel 8.5 Training for clarification/ advice.
7. What are the facilities
available to recognized associations?
The recognized associations/ unions enjoy certain facilities like:
(a) Negotiations with the employer;
(b)Correspondence
and meetings with the head of the administrative departments;
(c) Provision of accommodation
for the associations subject to availability;
(d)Facility of special casual
leave up to 20 days in a year to the office bearers of the associations.
(e)Payment of T.A/ D.A for
attending officially sponsored meetings; and
(f) Facility of seeking transfer
of Chief Executive of the Union / association to the Headquarters of the appropriate
head of administration.
8. What will happen if there is
no agreement between the staff and the official side?
If there is no agreement between
the staff and the official side on an arbitrable issue, then the matter is to
be referred to the Board of Arbitration if so desired by the staff side.
9. What are the issues on which
arbitration is possible? The arbitration is limited to the following issues:
(a) Pay and allowances;
(b)Weekly hours of work ; and
(c) Leave
10. Is the award given by the Board
of Arbitration binding on the parties?
The award given by the Board of
Arbitration is binding on the Government as well as the staff side subject to
the overriding authority of the Parliament. The award can be modified/ rejected
only with the approval of the Parliament through a formal resolution on grounds
affecting national economy or social justice.
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