No.16012/7/97-Estt.(Allowances)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi Dated 13^th February 1998.

Subject:- Scheme of engagement of Consultants – Revision of guidelines regarding.

 

1. Normally, appointments are made in the Govt. against sanctioned posts, However, occasions may arise where for undertaking specific jobs of a specialised nature, specialists have to be appointed as Consultants. Such Consultants may be appointed either on a full-time or a part-time basis. In the case of a full-time consultant, he is not allowed to take up any other assignment during the period of consultancy. In the case of a part-time consultants, since the services are not availed of on a whole-time basis, there is no objection to his undertaking other jobs. Further, the Officers engaged as consultants could be either non-officials (outside experts) or retired Govt. servants.

2. The question of further streamlining the guidelines on the scheme of engagement of Consultants including the revision of fee payable to consultants has been under consideration of the Government in the context of the revision of pay-scales of Central Govt. employees on the recommendations of the Fifth Central Pay Commission and it has now been decided that henceforth engagement of consultants (retired Govt. servants as well as out side experts) should be limited to skills which are not available within the cadre or in respect of specific and time-bound jobs like preparation of Project Reports etc. and no Consultant should be engaged for which regular staff is available, or to work as Personal staff of Senior Officers and Ministers if the job can be performed by a serving cadre Officer. Accordingly, in modification of the existing guidelines issued as per this Department’s OM.No.16011/6/93-Estt.(Allow) dated the 21^st December, 1993, the different aspects of the scheme of engagement of consultants, including the payment of fee to them, will henceforth be regulated as under:-

(a) Criteria & Number of Consultants

Consultants should be engaged only to undertake specific jobs of a specialised nature and should not be appointed for the regular work of the Ministries/Departments. Engagement of any consultants (whether outside experts, i.e. those who have not been in Govt. service, or retired Govt. Servants) should henceforth be limited to tapping of skills which are not available within the cadre or for attending to specific and time-bound jobs like preparation of Project Reports etc. and engagement of consultants should not at all be allowed for routine day-to-day work for which the Ministries/Departments have regular staff support.

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

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

(b) Period of engagement

Consultants may be engaged for the minimum period required. The maximum period of engagement should not exceed two years in case of outside experts. (An outside expert is one who has not been in Govt. service). However, in case of retiring/retired Govt. servants, the period of engagement as consultants should not exceed six months. To ensure this, consultants should not be engaged for jobs which cannot be completed within a period of two years or six months, as the case may be.

(c) Age limit

No retired Govt. servant should be engaged as a Consultant beyond the age of 62 years. No relaxation of age limit shall henceforth be allowed by the Department of Personnel & Training.

(d) Fee

The consolidated fee payable may be decided in each case by Ministries/Departments in consultation with their Financial Advisers 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 henceforth be subject to a ceiling of Rs.26,000 p.m. (with no DA, HRA, CCA or any other relief) if the engagement as Consultant is on a whole-time basis and of Rs.13,000/- p.m. (with no DA, HRA, CCA or any other relief) if the engagement is on a part-time basis. In the case of retiring/retired Govt. servants engaged as full-time consultants, the fee will be fixed subject to a ceiling of Rs.13,000 p.m. They will also draw their pension and relief thereon in addition. If the retiring/retired Govt. servant is engaged as a part –time consultant the fee will be fixed subject to a ceiling of Rs.13,000 p.m. They will also draw their pension and relief thereon in addition. If the retiring/retired Govt. servant is engaged as a part-time consultant the fee will be subject to a ceiling of Rs.6500/- p.m. (without any adjustment of the pension drawn by him). In case any Ministry/Department wishes to appoint any retired Govt. servant as a consultant at a fee higher than the limit prescribed. It should obtain the approval of the Appointments Committee of the Cabinet by following the procedure prescribed in this regard.

Special care should be taken to ensure that henceforth the fee is fixed at the fee is fixed at an appropriate amount and is not fixed at the maximum, as has been the tendency hitherto, when the fee was routinely fixed at Rs. 4000/8000. Further, in the case of a retired Govt. servant engaged as a full-time consultant, it should be ensured that the fee plus pension drawn by him should not exceed the last pay drawn, provided that in the case of a pre-1.1.96 retiree the notional pay he would have drawn as on 1.1.96 in the revised pay scale on the basis of the last pay drawn by him before retirement in the pre-revised pay scale shall be treated as the last pay drawn. In the case of a retired Govt. servant engaged as a part-time consultant, the fee should not exceed half the amount of last pay drawn, or deemed to have been drawn, as the case may be. Wherever it is considered appropriate, Ministries/Departments could consider the payment of fee on a lumpsum basis in two or three instalments, keeping in view the quantum of work handled by the Consultant.

3. The provisions regarding payment of TA,DA and the facility of Telephone and Accommodation will continue to be the same as prescribed under this Department’’ OM dated 21.12.93.

4. The Financial Advisers of the Ministries/Departments should ensure that no consultant (outside expert or retired Govt. servant)is engaged/continued to be engaged in violation of these instructions so that there is no case for seeking ex-post-facto approval for regularizing any infringement there of. No extension of consultancy should be allowed without the prior approval of the Deptt. Of Personnel & Training. Proposals for extension of consultancy, if at all required in any case in public interest, as also for any other relaxation of the conditions, should be forwarded through the Financial Adviser of the concerned Ministry/Department. To facilitate proper/timely scrutiny of the proposal for extension of consultancy in any genuine case, up to date information regarding the consultants in position in the Ministry/Department as a whole (as per prescribed proforma) should be forwarded, on file. However, no relaxation of the period of the consultancy of retired Govt. servants beyond a total period of one year and the age limit of 62 years in their case shall henceforth be considered/allowed in any case.

5. Ministries / Departments are also requested to ensure that to facilitate Central monitoring of the scheme of engagement of Consultants, the information about the consultants employed in the Ministries/ Departments including subordinate offices, as on 1 January and 1 July of every year should be forwarded to this Department in the prescribed proforma well in time. The Financial Advisers may also adopt appropriate procedures for the requisite monitoring of the scheme within the Ministry/Department.

6. These orders take effect from 1^st December, 1997. The fee of the Consultants who are engaged on or after 1.12.97 as also of those engaged earlier but whose consultancy is continued beyond that date, with proper approval, may be refixed with effect from 1.12.97, keeping in view the provisions of para 2(d) above.

Hindi version will follow.

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

To

All Ministries/Departments of the Govt. of India
(As per Standard List)

No.17011/3/97-Estt.(Allowances)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

Dated the 17^th July, 1998

Subject:- Fifth Central Pay Commission’s recommendations relating to Honorarium payable under FR 46(b) – Further guidelines to restrict payment of Honorarium.

The undersigned is directed to say that the Fifth Central Pay Commission in its report has recommended that Honorarium should be paid only when the employees are entrusted with duties of a purely occasional nature and under no circumstances should any honorarium be paid for performing any functions that are legitimately part of one’s defined duties and responsibilities.

2. In terms of the provisions of FR 46(b), the Central Government may grant or permit a Government servant to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing, exist for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the Central Government and its amount has been settled in advance.

3. Guidelines for payment of Honorarium under FR 46(b) have already been laid down inter-alia vide this Department’s O.M. No.17011/9/85-Estt.(AL), dated 23.12.1985 and O.M.No.17020/1/91-Estt.(AL), dated 18.11.91. It has also been clarified that no honorarium should be granted for temporary increases in work. It has, however, come to the notice of the Department of Personnel & Training that Honorarium is being paid in a routine manner by various Ministries/Departments for regular items of work. Such payment of honorarium is against the provisions of FR 46(b) as well as the recommendations of the Fifth Pay Commission.

4. The recommendation of the Fifth Central Pay Commission has been accepted by Government and it has been decided that in addition to the items of work for which payment of honorarium is already prohibited under instructions issued by the Ministry of Finance and this Department from time to time, Ministries/Departments should not grant honorarium for the items of work of a routine nature which form part of the duties and responsibilities of a Government servant. An illustrative list of such items of work is enclosed (Annexure). It has also been decided that approval of the Financial Adviser should also be taken in cases in which the total amount of honorarium payable to an individual in a financial year exceeds Rs.2500/-.

5. It is also clarified that the amount of Rs.5000/Rs.2500 payable ‘in each case’ by the Ministries/Departments under the powers delegated to them vide this Department’s OM No.17011/9/85-Estt.(AL) dated 23.12.85, refers to the total amount of honorarium, whether recurring or non-recurring, that may be paid to an individual in a financial year.

6. In so far as the persons serving the Indian audit & Accounts Departments are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

7. These orders will be effective from the date of issue.

Hindi version is enclosed.

( J. Wilson )
Deputy Secretary to the Government of India

To

All the Ministries/ Departments of the Government of India Government

No.15020/7/91-Estt.(Allowances)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi, dated 15^th December, 1997.

OFFICE MEMORANDUM

Subject:- Grant of Overtime Allowance to Staff Car Drivers in Central Secretariat and Allied Offices – Implementation of the Award of the Board of Arbitration. In C.A. Reference No. 7 of 1991.

 

The undersigned is directed to say that the question of payment of Overtime Allowance in excess of the prescribed ceiling of 100 hours to Staff Car Drivers in Central Secretariat and Allied Offices (i.e. Staff Car Drivers governed by the Staff Car Rules) had been under reference to the Board of Arbitration in C.A. Reference No. 7 of 1991. The Board of Arbitration gave the following Award in the above C.A. Reference in March, 1993:-

The Government has a right to fix the ceiling of Overtime duty hours of the Staff Car Drivers and as such the ceiling of limiting Overtime Allowance to 100 hours in a month imposed on the Staff Car Drivers of the Central Secretariat and Allied Offices is maintained.

In case the ceiling is exceeded in actual practice and the Staff Car Drivers are required to perform Overtime duty over and above the ceiling, they will be paid for such exceeding Overtime duty hours at the prescribed rate.

The Award shall come into effect from the date of disagreement i.e. 26.4.1991."

2. The above Award of the Board of Arbitration has been accepted by the Govt. The President is accordingly pleased to decide that in cases where the Staff Car Drivers have either already been deployed since 26-4-1991 or are, in exceptional and unavoidable circumstances, deployed on Overtime duty beyond 100 hours in a month, Overtime Allowance shall also be admissible in respect of the hours in a month as laid down in para 1(ii) of this Department’s OM No.15020/4/80-Estt.(Allow.) dated 23.12.82, since incorporated as Note 9 under Rule 26 of the Staff Car Rules. The overtime work performed on all days, including Sundays/Holidays, in a month will continue to be taken into account for working out the ceiling.

3. Attention is also drawn to this Deptt’s OM No.15020/7/91-Estt.(AL) dated 2.4.93 emphasizing that the overtime duty in respect of Staff Car Drivers should be restricted in any event to a maximum of 100 hours as also suggesting rotation of duties of Staff Car Drivers to ensure that the ceiling of 100 hours is not exceeded in any case. It has now been decided that payment of Overtime Allowance beyond 100 hours will henceforth be further subject to a certificate of essentiality to be obtained from the Officer who uses the Staff Car or from the Private Secretary in the case of Minister, to be countersigned by the Joint Secretary (Admn.)/Head of Department in case the certifying Officer is below the level of Joint Secretary/Head of Department.

4. The Joint Secretary (Admn.) and Heads of Department have already been made responsible vide instructions issued under OM referred to above for enforcing the limit of 100 hours. However, it has been observed that this limit is still being routinely exceeded and there is thus a need to exercise stricter checks on this practice. Accordingly, it has now been decided that the Financial Advisers in the /Departments should monitor the Overtime duty hours put in by Staff Car Drivers to ensure that the limit of 100 hours on Overtime duty is not exceeded without fulfilling the conditions laid down under the instructions.

5. The rates of Overtime Allowance and other conditions for its payment shall continue to be the same as contained in this Department’s OM No.15012/3/86-Estt.(Allowances) dated 19,3,91, read with OM No. Pt.F.No.21017/3/97-Estt.(Allowances) dated 21.11.97.

6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

7. Hindi version is enclosed.

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

No.21017/1/97-Estt.(Allowances)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
…

New Delhi, the 12 June ,1998.

Subject: Recommendations of the Fifth Pay Commission – Decisions relating to the grant of Children Educational Assistance.

 

The undersigned is directed to say that in pursuance of the decisions taken by the Government on the recommendations made by the Fifth Central Pay Commission in paragraphs 113.3 to 113.6 of their Report, regarding Children Educational Assistance to Central Govt. employees, the President is pleased to decide that the following modifications in Central Civil Services (Education Assistance) Orders, 1988 issued under this Department’s O.M.No.21011/21/88-Estt.(Allowances) dated 17.10.1988, read with O.M.No.12011/4/88-Estt.(AL) dated 31.5.89, No. 12011/2/83-Estt.(AL) dated 27.12.89, No.21011/2/88-Estt.(AL) dated3.8.90 and O.M.No.12013/1/90-Estt.(AL) dated 8.5.92 shall be made:-

Educational Assistance Revised rate of payment /Limit of Reimbursement of fee.

(i)(a) Children Educational Allowance Primary, Secondary, Hr. & Sr Rs.100/-p.m.

(Clause 16 of the Orders) Secondary Classes(I to XII) per child

(ii)(b)Reimbursement of tuition fee (a) Class I to X Rs.40/- p.m.

(Clauses 19 and 21 of the Orders) per child

(b) Class XI to XII Rs.50/- p.m.

per child

© Class I to XII in respect Rs.100/- p.m.

studying in class IX to XII and offering science subjects

© Hostel Subsidy Primary, Secondary, Higher Rs.300/- p.m

(Clause 22 of the Orders) Secondary & Sr. Secondary per child

classes(I to XII)

(ii) Clause 13 of the Central Civil Service (Educational Assistance) Orders, 1988 shall be revised as follows:-

"If a Govt. servant is transferred from a station where there is no school of the requisite standard to a station where there is such school and if he was in receipt of the allowance at the former station in respect of any child , he shall continue to remain eligible for such allowance as long as the child continues to study in the same school".

(iii) Re-imbursement of Tuition Fee in case of physically handicapped / mentally retarded child of a Government servant shall be permitted even if the institution in which the child is studying is not recognised by the Central /State Govt. or Union Territory Administration, as the case may be.

2. These orders shall be effective from 1^st August, 1997.

3. The other conditions as laid down in the Central Civil Service (Educational Assistance) Orders, 1988 and subsequent amendments /orders issued from time to time would continue to apply.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

5. Hindi version is enclosed.

( J. WILSON )
DEPUTY SECRETARY TO THE GOVT. OF INDIA

To

All Ministries /Departments of the Government of India

No.21017/1/97-Estt.(Allowances)                                                                                             New Delhi, the 12^th June, 1998.

Copy forwarded to Comptroller and Auditor General of India

Copy also forwarded to:

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

2. Union Public Service Commission / Supreme Court of India / Election Commission /Lok Sabha Secretariat /Rajya Sabha Secretariat/Cabinet Secretariat/Central Vigilance Commission/President’s Sectt./Planning Commission.

3. Department of Personnel & Training (AIS Division) (JCA) (Administration Section).

4. All State Governments and Union Territory Administrations.

5. Secretaries to Governor of All States/Lt. Governor of Union Territories.

6. Secretary, National Council (Staff Side), 13 Feroz Shah Road, New Delhi.

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

8. All Officers/Sections of the Department of Personnel & Training/Department of Administrative Reforms & Public Grievances/Department of Pensions & Pensioners’ Welfare/PESB.

9. Editor, Civil Services News, Department of AR & PG, Sardar Patel Bhavan, New Delhi.

10. Ministry of Finance, Department of Expenditure (E.II B) Branch.

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

12. Railway Board.

13. 1500 Spare copies.

( J. WILSON )
DEPUTY SECRETARY TO THE GOVT. OF INDIA.

No.16013/1/93-Estt.(Allowances)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training )
…….

New Delhi, Dated 21 January, 1998

Subject:- Instructions regarding acceptance of fee by Central Government employees other than acceptance of fees by Medical Officers in civil employ) – Modification of –

 

The undersigned is directed to refer to this Department’s O.M.No.16013/1/79-Estt.(Allowances) dated the 11^th February 1980 relating to acceptance of fees by Central Govt. employees (other than acceptance of fees by medical Officers in civil employ), read with O.M.No. 16011/3/81-Estt.(Allowances) dated 19.5.81 & 15.10.83, and to say that the operation of SR-12 has since been reviewed and it has been decided that in respect of occasional and casual work performed outside the office hours, unless otherwise provided, a Government servant may henceforth retain the full fee received by him upto a limit of Rs.1500/- in a financial year. Non-recurring and recurring fee should be dealt with separately and should not be added for the purpose of crediting one-third amount to the general revenues. In the case of non-recurring fee, the limit of Rs.1500/- should be applied in each individual case and in the case of recurring fee, the limit should be applied with reference to the total of recurring fee received in a financial year.

Further, it has also been decided that where prior sanction of the competent authority for undertaking the outside work or activity and the acceptance of fee has already been taken by a Govt. servant as required under SR-11 or Rule 15 of CCS (Conduct) Rules, the requirement of crediting, under SR-12, 1/3 of the amount of fee (if it exceeds Rs.1500/- in each case in respect of non-recurring fees and in a year in respect of recurring fees, subject to the condition that the fee retained by him does not fall short of Rs. 1500/-) to the general revenues will henceforth be enforced in the following types of cases only:-

Where a Government servant receives sale proceeds or royalties on a book which is a mere compilation of Govt. rules, regulations and procedures. However, the requirement of 1/3 deduction in such a case can be relaxed, with the concurrence of Deptt. Of Personnesl & Training, provided that a certificate is furnished by the Ministry/Department concerned at the level not below the rank of Joint Secretary to the effect that "such a book is not a mere compilation of Govt. rules, regulations and procedures but it reveals the author’s scholarly study of the subject" . If the Officer in whose case the exemption under SR-12 is sought himself of the status of a Joint Secretary or above, the certificate should be furnished by the next higher officer;

Where a Govt. servant is permitted under SR-11 to perform clerical, administrative or technical work of an occasional or casual nature for a private body including a private body engaged in literary, cultural, artistic, scientific, charitable or sports activities and accepts fee therefrom, The words "private body" include all co-operative societies and societies registered under the Societies Registration Act which are not subject to administrative control by Govt.;

Where income is received for publishing a book or contributing an article on subjects other than those on literary, cultural, technological and scientific subjects (including management sciences);

Where income received by a Govt. servant from a regular remunerative occupation is in the nature of part-time employment permitted by the Govt. or the competent authority under Conduct Rule 15; and

Where income is received for exploitation of a patent taken out without the permission of the competent authority.

3. Other terms & Conditions would remain the same

These orders will come into force from the date of issue.

Formal amendment to Sr-12 will follow.

In so far as the personnel of the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the C &AG of India.

Hindi version is enclosed.

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

To

All Ministries/Departments of Government of India (As per Standard Distribution List).