Reference this Office Endorsement No.31(78)81-Gen dt. 28.12.88
circulating the Office Memorandum No.16014/12/86.Estt. (Allowances) dated
15-12-88 from the Govt. of India, Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training). The doubt has been raised by some Labs. whether the fee of the
consultant can be fixed upto the ceiling of Rs.4000/- per month over &
above the pension & relief irrespective of the last pay drawn.
It is hereby clarified that the fee of the Consultants may be so fixed
subject to a ceiling of Rs.4000/- per month as to ensure that the fee together
with pension would not exceed the last pay drawn.
(No.33(97)/83-EI, dated 20th February, 1989)
Reference OM No.21011/18-Estt. (Allow) dated 8th October, 1990 on the
subject cited above which inter-alia makes the following modifications as a
part of streamlining the existing scheme:
The strength of
Consultants should, as before, be restricted to 10% of the total number of
posts at the level of Joint Secretaries and above within the Ministry/
Department.
The period of appointment
may be upto two years in case the consultant is an outside expert.
If a retiring employee
of the Ministry department is to be appointed, 'the maximum period should be
limited to six months and
the number
of such retirees appointed should not exceed two in number at any time. Also the post held by the retiring employee
should be kept vacant until he completes the work as Consultant.
In order to ascertain whether the strength of Consultants engaged by
various Labs . /Instts . exceeds the restriction of 10% of the total number of
posts at the level of Jt. Secretary and
above in the CSIR, we shall feel grateful if you could kindly send us the
information as per the enclosed format at a very early date so as to enable us
to obtain relaxation, if any.
Similarly, in future, all such proposals for engagement of Consultants
may kindly be referred to this office for necessary action at (i) above.
(DS(CO)5A/91, dated 10th June, 1991)
SL.NO.
Name of Consultant
Purpose of
Engagement
Period upto
which engaged
No. of Officers in your Lab. at Jt.Secy. level and above.
The matter has been examined in consultation with Financial Adviser,
CSIR. For sponsored projects, if
required, suitable retired persons may be deployed on contract basis in time
bound projects for appropriate periods which should not exceed two years. The expenditure in such cases would be
debitable to the project directly and the contractual fee may be worked out on
the same pattern as for appointment of consultant.
(No.DS(CO)5A/91, dated 29th July, 1991)
The Governing Body recognising the emerging specialised markets and
global competition and consequently the need for CSIR to enlarge its marketing
network to supplement the in-house efforts has in its 131st Meeting held on
29th July -1993, approved the engagement of consultants for business
development and marketing on following terms & conditions:
1. Eligible
Consultant(s)
The
consultant(s) could be any legal entity, individual(s)/group of
specialists/experts. corporate entities
Such as firms/companies/societies/trusts etc. Individuals who are
regular employees of Government/Semi-Government/Public Sector organisations to
be engaged as consultants, could be taken on deputation/foreign service basis,
as applicable.
2. Scope
Scope of consultants' services could interalia cover assistance to the laboratory in:
Envolving
of business plans and strategies;
Forecasting of technology;
Carrying out market/demand surveys;
Evaluation and upscaling of technology;
Tying up with design engg. consultants/companies, financial institutions and other agencies for packaging the laboratory knowledge base;
Identifying and developing market(s)/client(s) for the knowledgebase;
Negotiations and contracting of the knowledgebase;
International marketing of knowledgebase;
Designing and developing publicity material/campaigns for knowledge base;
Any other function to be
assigned by Director/DG.CSIR as the case may be.
NOTE : Consultant(s) cannot
be engaged for seeking and securing Contracts/sponsored R&D and funds from
Govt. Departments/Agencies, UN and
other International Aid Agencies, Public Sector Undertakings/Enterprises.
3. Selection of
Consultant(s)
The selection of consultants is to be done by a Committee comprising
Director, Chairman of Research Council of the laboratory and an expert in the
area to be nominated by the Director.
In case of urgency, the decision of the members of the Committee can be
obtained by circulation of the proposal by the Director.
4. Terms
of Consultancy
General Terms
The consultants shall be engaged for a specific job assignment.
The roles, rights and responsibilities of consultants will be well defined;
The maximum age limit for an individual consultant, including those retiring/retired S&T personnel from Govt. Departments/Ministries shall be 65 years; and
The period of engagement of consultant could be upto one year only; any extension shall be reviewed and approved by the Committee at (3) above upto a maximum of another one year.
Payment terms
The Payments/fees and details thereof shall be decided by the Committee at (3) above; however any payment above Rs. 20 lakh per year would need the approval of DG, CSIR. DG would refer such cases for advice to a Committee comprising DG, CSIR, Chairman of relevant TAB and one expert nominated by DG.
5. Agreement
Terms and conditions of the agreement.
The agreement with
consultant(s) should interalia specify:
Details of job assignment to be undertaken by the Consultant(s);
Details of facilities, assistance data etc. if any, to be provided by the laboratory;
Details of expenditure to be reimbursed, fees to be paid and mode of payment indicating the value, Periodicity, linkages to stages of performance etc.;
Duration of the Assignment;
Secrecy/confidentiality to be maintained by consultant(s) and their staff of the information disclosed by the laboratory and acquired during the course of consultancy by the consultant(s);
Disclaimer by consultant(s) on claims/rights in:
any intellectual property/information/data/prototype resulting or acquired during consultancy
and
any money receipts accruing or received during or consequent to utilisation/commercialisation of the said intellectual property, information, data, prototype etc.;
Mechanism for resolution of disputes between the consultant(s) and CSIR/Laboratory.
Director of the laboratory shall be the competent authority for approval of the agreement(s) with Indian consultant(s). For agreement(s) with foreign consultant(s), prior approval of DG, CSIR will be necessary.
6.
Validity of the Scheme
The
scheme for engaging consultant(s) shall become effective from 1st April 1994
and is only upto 31st July 1995 in the first instance. Thereafter it shall be reviewed by the GB
for its further continuance or otherwise.
7. Feedback
The
information on consultant(s) engaged and the agreement entered into covering
interalia the specific activity, duration and fee to be paid shall be sent to
Head, Technology Utilisation Division at CSIR Hqrs. within one month of engaging
the consultants, for reporting to the GB.
(CSIR Letter No9/203/94-TU & 13/47/93-TU March 11, 1994.)
It has been observed that the retired employees of CSIR are being
engaged on contract basis for the work of a seasonal or occasional nature. In this connection your kind attention is
again invited to this office circular letter of even number dated 19.4.84 which
is self- explanatory.
In view
of the above, it is requested that retired employees should not be engaged for
the work of a seasonal or occasional nature such as driving or similar other
routine purposes.
(CSIR Letter No. 17(133/1)/83-E.II(U-3), dated 27 Dec., 1988)