Joint Consultative Machinery – Rules for Conduct of Business of the National Council

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Joint Consultative Machinery – Rules for Conduct of Business of the National Council

APPENDIX – IV

RULES FOR CONDUCT OF BUSINESS OF THE NATIONAL COUNCIL

The following rules shall govern the conduct of business of the National Council under the scheme for joint consultative machinery and compulsory arbitration for Central Government employees:

1. Short title

These rules may be called the rules for the Conduct of Business of the National Council.

2. Meetings

(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 meetings.

As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of the Council.

(2) A special meeting of the Council may be called by the Chairman on his own or on a request from either the Official Side or from the Leader of the Staff Side. A notice of such a meeting shall be sent to all members not less than ten days before the date of meeting.

3. Quorum

The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides.

4. Agenda

(1) A member desiring inclusion of a subject in the agenda of a meeting will communicate the subject together with an explanatory memorandum where necessary, to the Secretary, Official 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 subjects suggested fall within the purview of the Council and, thereafter, place the draft agenda before the Chairman not less than seven weeks before the due date of the meeting, for his approval to their inclusion in the agenda. If any item suggested by a member is not included in the Agenda, the member concerned shall be informed of the fact and the reasons therefor.

(2) The agenda for an ordinary meeting shall be circulated to all the members not less than thirty days before the meeting.

(3) The agenda for a special meeting shall be circulated simultaneously with the notice of the meeting.

(4) Business not on the agenda may only be taken up with the permission of the Chairman.

(5) A matter disposed of by 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.

5. Minutes

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.

6. Decisions

(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 the 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.

7. Publication of statements

Only statements issued under the authority of the Council shall be published: such statements shall be as full and informative as possible.

8. Standing Committees

(1) The Standing Committee shall frame their own rules of procedures subject to the approval of the Council. The Standing Committees shall not, however, take final decisions on any subjects that come before them and shall transmit their conclusions to the Council for decision except where powers have been specifically delegated to them by the Council under Article 9 of the Constitution of the National Council.

(2) The Standing Committee and their members shall not give publicity to their recommendations and any statements for publicity shall only issue from the National Council in the manner prescribed in Rule 7.

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