No. 16011/6/93-Estt. (Allowances)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 21^st December, 93

OFFICE MEMORANDUM

Subject:- Scheme of engagement of Consultants

The undersigned s directed to refer to the Department of Personnel &Training’s O.M. No.16014/8/84- Estt. (Allow) dated 29-8-2004, OM No. 16014/12/86- Estt. (Allow) dated 29-10-87 modified vide OM No. 16012/3/88- Estt. (Allow) dated 18-4-88, OM No. 16014/12/86- Estt. (Allow), dated 6-8-88 & 15-12-88, OM No. 21011/18/89- Estt. (Allow), dated 8.10.90 and OM No. 16011/8/93- Estt. (Allow) dated 26.8.93 on the subject mentioned above and to say that the need for consolidating these instructions has been felt for long and it has now been decided that the different aspects of the scheme of engagement of consultants will hereafter be regulated as under:-

(a) Criteria and Number of Consultants

Consultants are engaged to undertake specific jobs of a specialized nature and should not be appointed for the regular work of the Ministry/ Department. They can be engaged on full-time or part-time basis. Full-time Consultants are not allowed to take up any other assignments during the period of consultancy, whereas there is no objection to the part-time consultants taking up other assignments.

The strength of Consultants should be restricted to 10% of the total number of posts at the level of Joint Secretaries and above within the Ministry/ Department including attached/ subordinate offices except in the case of Planning Commission where the maximum number of Consultants can be upto 25. When retiring retired employees of the Ministry/ Department are engaged as Consultants, the number of such employees shall not exceed two at any time. In exceptional case, where a Consultant is engaged for performing regular work, the post earmarked for such work should be kept vacant till be completes the work as Consultant.

In respect of Department having special problems where appointment of retired/ retiring employees in large number is unavoidable, proposals may be made separately for such appointment beyond permissible limits to the Department of Personnel & Training and the Ministry of Finance.

(b) Period of engagement:

Consultants may be engaged for the minimum period required. The maximum period should not exceed two years in the case of engagement of outside experts. (An outside expert is one who has not been in Govt. service). However, in the case of retiring/ retired employees of the Ministry/ Department being appointed as Consultants, the maximum period should not exceed six months.

© Age Limit

Having regard to the age of retirement at 58 years, it has been decided that not retired/ retiring Govt. servant should be engaged or continue to engaged as Consultant beyond the age of 62 years. The period of engagement will continue to be regulated as at (b) above.

(d) Fee

The consolidated fee payable may be decided in each case by Ministries/ Departments in consultation with their Financial Adviser after taking into account all the relevant factors, including the level of the post which the individual held on the date of his retirement.

In the case of non-officials (Outside experts), the fee will be subject to a ceiling of Rs. 8000/- p.m. (with no DA,HRA, CCA or any other relief if the appointment as Consultant is on a whole-time basis and Rs.4000/- p.m. (with no DA, HRA, CCA or any other relief) if the appointment if on a part-time basis. In the case of retiring / retired Govt. servants engaged as full-time Consultants, the fee will fixed subject to a ceiling of Rs.4000/- per month. They will also draw their pension and relief thereon in addition. If the retiring / retired Govt servant is appointed as art-time Consultant, the fee will be subject to a ceiling of Rs.2000/- p.m. (without any adjustment of the pension drawn by him). In case any Ministry/ department wish to appoint retired Govt. servants as Consultants on a fee higher than the limits prescribed, they should obtain the approval of the Appointments Committee of the Cabinet by flowing the procedure prescribed in this regard.

(e) TA/ DA

TA/ DA may be allowed to Consultants as per normal rules applicable to any serving officer of an equivalent rank in the Ministries/ Departments.

(f) Telephone

Consultants will not be entitled to telephone facilities.

(g) Transport

Consultants will not be entitled to transport facilities. However, they will be allowed re-imbursement of conveyance charges of the same terms and conditions as admissible to serving officers of equivalent rank under the Delegation of Financial Power Rules. They will also not be allowed use of staff car for private purposes and also for journeys between residence and office as is admissible to officers of the rank of joint Secretary and above.

Any relaxation of the conditions at (f) and (g) above will be with the concurrence of Ministry of Finance.

(h) Accommodation

Consultants will not be allowed residential accommodation from Central Govt. pool. However, thee is no objection if a Department has its own pool and desires to allot accommodation from that pool to Consultants. Power to allot such accommodation will vest within the Administrative Ministry/ Department.

2. In order to facilitate central monitoring of the scheme of engagement of Consultants Ministries/ Departments should send the information about the Consultants employed in the Ministry/ Department including the subordinate offices, as on 1^st January and 1^st July every year. This information is the prescribed proforma (annexure should reach the Department of Personnel & Training by 10^th January/ 10^th July every year.

3. The Financial Advisers of the Ministries/ Departments concerned should ensure that these guidelines are properly adhered to by them while engaging Consultants. Proposals involving relaxation of any of the above conditions should be submitted for consideration of Department of Personnel and Training with the approval of the Financial Adviser of the concerned Ministry/ Department and also the Minister concerned in the case of relaxation in the prescribed age limit.

4. These orders take effect from the date of issue.

5. Hindi version of the O.M. will follow.

Sd/-
(B. GANGAR)
UNDERSECRETARY TO THE GOVT. OF INDIA

To:

All Ministries/ Departments of the Govt. of India as per standard list.

No. 16011/6/93-Estt. (Allowances), New Delhi, the 21.12 1998

Copy also forwarded to:-

1. Comptroller & Auditor General of India.

2.Controller General of Accounts/ Controller of Accounts, Ministry of Finance.

3.Secretaries to the Union Public Service Commission/ Supreme Court of India/ Election Commission/ Lok Sabha Secretariat/ Rajya Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President’s Office/ Planning Commission.

4.All State Governments and Union Territories Administration.

6.Secretaries to Governors of all States/ Lt. Governors of Union Territories

7.Secretary, National Council (Staff Side), 13-C Feroz Shah Road, New Delhi.

8.All Members of the Staff Side of National Council of JCM/ Departmental Council.

9.All Officers/ Sections of the Department of Personnel and Training/ Deptt. of Administrative Reforms & Public Grievances/ Department of Pensions & Pensioners Welfare.

10.Ministry of Finance, Deptt. of Expenditure (E-II-A) Branch.

11.Official Language Wing (Legislative Department) Bhagwan Das Road, New Delhi.

12.Railway Board.

12. JCA Section

13.500 spare copies.

Sd/-
(B. GANGAR)
UNDER SECRETARY TO THE GOVT. OF INDIA

INFORMATION ON CONSULTANTS

1. Name of ministry/ Department ------

2. Total strength of JS & above level officers (for the Ministry/

Department including Attached and subordinate offices------

3. Number of Consultants------------------------------