Contract appointments.pdf

8/19/2019 Contract appointments.pdf

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OUTSOURCING

FUNCTIONARIES


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Under Rule 4

of AP State and SubordinateService Rules, 1996

Contract/Agreement/Re-employment is one of the methods

of appointment to Government

service.


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Rule 9 of AP State and Subordinate

Service Rules, 1996

Provide for appointment by agreement or

contract subject to provisions made

therein and nothing in these rules or thespecial rules apply to such appointees in

respect of the provisions made in the

agreement or contract In case noprovisions made therein and the

relatable provisions of these rules or

special rules apply.


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• (ii) The provisions in respect of

conditions of service, pay and

allowances discipline, contract

period of appointment , notice

period for termination ofappointment by either party and

other relevant matters

.


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(iii) The government may by order

prescribe the form of such agreement orcontract

(b) A person appointed under this rule

shall not be regarded as a member of

service to which he is appointed and

shall not be entitled to any preferential

right to any other appointment in that or

any other service.


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• G.O.Ms.No.94 G A (SER.A) D

Dt:28-03-2003Govt declared its policy on recruitment

to public services.To treat only certain number posts

under gazetted and non-gazetted

posts as core functional Posts.


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• The core-functional temporary posts may befilled up only through contract appointments

on fixed-tenure basis, not exceeding threeyears or the period for which the same arecreated.

•With effect from 1

st

April, 2003 ContractualAppointments for Core-functional

Temporary Posts by observing rules of

reservation. :• Emoluments for contract appointments to

be related to Market rates:


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• The guidelines for fixing the emoluments aregiven in the Annex 1 to this order

• Outsourcing of Support Services: • There are two types of outsourcing of support

services. The first one is outsourcing offunctionaries, and the second one is outsourcing

of functions.

• In the first case, a department may enter into acontract with an agency to provide the services of

a certain number of technical supportfunctionaries, e.g., Computer professionals orSurveyors or Draughtsmen for a specific period.


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• The agency selects and employ the

functionaries as per the requirements ofthe job and places their services at the

disposal of the Department for a fixed

amount. However, the functionariescontinue to be the employees of the

service agency during and after their

assignment with the Department.


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• In the second case, the Department mayoutsource the function, e.g., catering,housekeeping, security etc. to a serviceprovider agency for a fixed period of timefor a mutually negotiatedamount. Accordingly, the service provideragency will engage certain number ofpersonnel and deploy equipment to meetthe specific standards prescribed for thatfunction in the contract.

•


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• In this case also, the functionaries

continue to be the employees of the

service provider agency during, and even

after their assignment with the

Department.

• the government is equally committed to

its assurance that existing employees

shall not be retrenched. The governmentwill make efforts to gainfully use their

services through redeployment


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• Direct recruitment in the non-core functional

categories of posts shall be restricted to

permanent posts only, and the requirement

of temporary personnel for non-core

functions shall be outsourced as per norms

and procedures prescribed in the Annex 2 tothis order..

• Regular direct recruitment in Group.III, IV and

Class IV categories against existing temporaryvacancies shall be discontinued forthwith


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• Government clarifies that a mere

availability of vacancies cannot be

treated as adequate justification for a

department to go ahead and initiate

direct recruitment. Each Department has

to justify the need for filling up of

vacancies and get a formal approval from

the competent authority.


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• every department shall place their

proposals for the continuation of

temporary posts, and/or conversion of

temporary posts into permanent posts,

before the Implementation Committee

every year.


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• Each department shall calculate their

likely direct recruitment vacancies in

permanent or temporary categories for

the next one-year, and obtain approval of

government, in consultation with Finance

Department as per Rules of Business, for

filling them up as per the prescribed

mode of recruitment i.e., regular

recruitment or contract appointment or

outsourcing as the case may be.


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• This Order shall come into force with

immediate effect and shall apply to allgovernment departments; public

undertakings, autonomous institutions,

local bodies, and all such institutions asreceive grants-in-aid for salaries from the

State Government.


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Annex -1

Guidelines for Contractual Appointments

1. Separate Rosters: maintain separate

rosters for permanent and temporary

posts with effect from April 1, 2003.

• The present common roster shall be split

and the regularly recruited persons shall

be first adjusted against the directrecruitment quota of permanent posts'

roster.


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Reservations: Reservations for Scheduled

Castes, Scheduled Tribes, Backward Classes,

Women, Physically Handicapped etc. shall

apply for contractual appointments

Recruitment Agency: The recruitment agencies

responsible for regular recruitment shall alsobe responsible for contractual appointments

duly following usual procedure of open

advertisement and merit-based selection.


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• Conditions of Appointment: Rule 9 of

General Rules apply.

• Without further action, discussion,notice or reference, contract would

automatically cease to operate on lapse

of the contract period, and both parties

will be discharged of their respective

obligations and liabilities without any

formal or informal communication.


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• Tenure: not exceeding three years.

• At the end of the contract period not

exceeding three years, the contractual

appointment shall terminate

automatically.

Eligibility Criteria: Educational and other

professional qualifications for a

contractual appointment shall not be lessthan those prescribed for the regular

recruitment.


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• Keeping in view the specialized nature of

temporary assignments, and the ample

availability of professionally qualifiedmanpower in the market, the concerned

Department/institution may lay down higher

educational/professionalqualifications/experience norms for the

contractual appointments.


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• Such employees will not be entitled to

any other allowances or benefits such as

Dearness Allowance, HRA, LTC, Medical

Treatment/Reimbursement, Pension

etc. However, they would be entitled to

usual TA/DA etc. on par with regular

employees of equivalent status for

official travel


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• Leave: Persons appointed on

contract basis will be entitled to

casual leave on par with regular

employees in the Department.

However, they shall not be entitledto any other kind of leave such as

Earned Leave, Half Pay Leave,

Medical Leave etc.


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• Headquarters & Transfers: Join the place ofposting at own cost, which is treated as

headquarters where he shall reside as officialheadquarters. Working hours shall be thesame as regular employees. Ordinarily,contractual appointees will not be transferred

to other posts or stations. However, theDepartment reserves the right to transfercontractual appointees to other posts of equalstatus or another station due to exigencies ofwork, or the performance of the individual,subject to payment of usual Transfer TA on parwith regular employees of equivalent status.


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• Disciplinary Control: Subject to the

overall right of the Department to

terminate the contract on giving onemonth’s notice, or pay in lieu thereof, a

person appointed on contract basis shall

be subject to disciplinary control in

accordance with the provisions of AP CCA

Rules.


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• Terms of Contract Agreement: Allpersons appointed on contract basis shall

execute on agreement on a non-judicial stamppaper of Rs.110, with two witnesses, andsubmit the same to the Appointing Authorityat the time of reporting for duty, agreeing to

the terms and conditions of the contract. TheFinance Department shall standardize theformat of the agreement in consultation withLaw Department and all departments shalladopt the same for all contractualappointments.

•


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Annex 2

( G.O.Ms.No. 94, GA(Ser.A) Dept. Dt 28-03-03)

• Guidelines for Outsourcing of SupportServices

• Posts to be linked to mode of outsourcing:

• The Implementing Committees shallrecommend the types and number of supportservice functions that can be outsourced toservice provider agencies on outrightbasis. And also arrive the number of non-

core functional posts that need to becontinued and filled by outsourcingfunctionaries from service provider agencies .


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• The departments will then obtain the

approval of government, in consultation with

Finance Department, regarding the number of

non-core posts in Group III, IV and Class IV

categories that the government would no

longer need to make fresh recruitment infuture.


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• Redeployment before Outsourcing ofServices

• Head of the Department shall first assess theavailability of existing permanent andtemporary staff in the department and work

out their redeployment to meet their needs.The Heads of Departments would be free tosuggest transfer of vacant posts across localcadres to ensure equitable workload in

different offices. They may also suggesttransfer of individuals along with their postsprovided such transfers are within the local

cadre norms .


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• Uniformity of work norms and rates of

payment:. Once the formal approval of the

competent authority in the government hasbeen obtained, the Finance Department shall

issue necessary permission to the Head of the

Department for outsourcing services to theextent approved.

•


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• Agreement for Outsourcing of Services:

• The HoD shall enter into a written agreement

with a registered service provider agency,which holds a valid licence under the ContractLabour Act

•

issued by the competent authority,• to provide the contract labour and

• has sufficient experience to render therelevant services.

• Duly following the open and transparenttender procedure prescribed for selecting theservice provider agency .


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• The department shall also keep at least two

more service providers in reserve, on the

same terms and conditions, to step in at shortnotice, if the selected service provider

defaults in providing satisfactory service, and

the contract has to be terminated.

• No outsourcing contract shall be for a period

of more than one year.

•

such contracts may be extended on mutuallyagreed terms not exceeding three years


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• Terms and conditions of outsourcing contract

• The contract shall specify the nature andquality service required from the agency, andthe number of persons in various categorieswith their respective qualifications andexperience,

•

the equipment and other consumables to besupplied by the agency,

• the time period of the contract,

• the rates of payment prescribed for various

functions and functionaries and


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• the penalties for various types of likely

defaults in satisfactory rendering of the

services.

• The concerned departments/heads of

administrative units shall ensure that the

prescribed equipment, consumables andnumber of persons with proper qualifications

and training are deployed by the service

provider at all times in accordance with theoutsourcing contract.

•


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• The departments shall also reserve the right

to demand change of equipment/personnel if

their services are not found to be satisfactory,in addition to levying penalties as per the

terms and conditions of the contract. If the

service continues to be unsatisfactory, theDepartment/competent authority shall

exercise its right to not only recover damages

but also to terminate the contract and replace

the service provider with an agency kept in

the reserve.


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• . Accounting of Expenditure: The

expenditure shall be debited to sub-detailed

heads ‘330 - Payment for professional andSpecial Services’ and for outsourcing of

functionaries shall be debited to sub-detailed

head ‘375 - Remuneration towards contractingout services’.

• Usual treasury control shall apply and

therefore, all departments shall ensure thatadequate provisions are made in their budgets

to meet the costs.


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• Further the concerned treasury officers shall

not pass any bills if they are not verified to be

under proper and currently valid governmentsanction.

• Since the personnel working under

outsourcing arrangements are not directlyengaged by government, there shall be no

need to prepare number statements as in the

case of regular government employees.


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As per GO 2501 Fin (SMPC) dt. 13-7-2006

Sl.

No.

Name of the Outsourcing

Category

Enhanced

Remunerations

1 Junior Assistant Rs. 4,900/- p.m.

2 Typist Rs. 4,900/- p.m.

3 Junior Steno Rs. 4,900/- p.m.

4 Senior Steno Rs.6,200/- p.m.

5 Driver Rs. 4,500/- p.m.

6 Attender/Class IV Rs. 3,900/- p.m. 7 Lift Operator Rs. 4,400/- p.m.

8 Data Entry Operators Rs. 5,500/- p.m.

9 Data Processing Officers Rs. 6,500/- p.m.


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• Earlier the remuneration for the

Outsourcing of services was paid atthe basic pay of the post to which

the persons were taken on

outsourcing basis through an Agency

as per the pay scales 1999 and for

the Data Processing Officers andData Entry Operators @ Rs. 4500/-

and Rs.4000/- respectively.


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GUIDELINES ON OUTSOURCING

Annexure to G.O.Rt.No. 4459, Fin. (SMPC)

Dept., Dt: 27.12.2006.

The Head of Office or Department ,

principal employer, should get permission

from Finance Department to engage for

outsourcing the services.


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The principal employer for outsourcing

Agencies shall have to register as per the

provisions of Contract Labour

(Regulation and Adoption) Act, 1970 to

engage the outsourcing services.

The principal employer shall get

registration certificate under section-7 of

the said Act, 1970.


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• When the outsourcing Agency gets

the permission from the Dept for

outsourcing the services in the said

Department , the details of

registration of principal employershall be furnished to the Labour

Department under section 13 of the

said Labour Act, 1970 and rules

made there under for grant of

license.


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• The outsourcing agency at the time of

obtaining contract labour license for

supplying man power to the principal

employer shall pay necessary fees and

deposits into the Government Treasury asper the provision of the said Act.

The Outsourcing Agency shall renew its

license every year.


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• Out sourcing employees are eligible

for 15 days Casual Leave per year or

proportionately to the actual

outsourcing period, with payment of

remuneration• Agency is responsible for payment of

remuneration as ordered by the

Government from time to time to

the categories of posts .


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Any violation in payment of remunerationwhen brought to the notice of the Collector/

Secretary, G A (Ser) D, black-list concernedagency .

women individuals are eligible for 120 daysmaternity leave without paying remuneration.

employees contribution would be deductedfrom his remuneration, employerscontribution is paid by concerned agency .

No reimbursement of this amount separatelyit includes in the commission quoted by theagency .


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A certificate should be produced by the

agency regarding proper remittance of EPF/ESI

for release of payment for subsequent month.

Payment of service tax is the responsibility of

the agent and he will hence to quote his

commission including this as well. E.S.I. contribution will be made as per rules.


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• G.O.Rt. No.815 Dated: 13-02-2007 GA(Ser.A)Dept

• i) The appointing authority of the Departmentconcerned, shall, call for tenders from theoutsourcing agencies in accordance with the

guidelines for supply of the qualifiedcandidates for the posts to be filled up onoutsourcing basis.

• The candidates shall possess the qualification

as per the rules, governing the said service. Ifno specific qualifications are provided, theHead of Office will prescribe the qualificationsand specify same in the tender.


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• For the post of Data Entry Operator, thecandidates shall possess the following

qualification.• COMPUTER LITERACY :-

• COMPUTER APPLICATION AND BASICS OF DOS,WINDOWS,

• UNIX, DB MANAGEMENT, DTP, CONCEPTS OF e-GOVERNANCE

• INCLUDING e-MAIL, e-COMMERCE, INTERNET,

COMPUTER• VIRUSES, MS OFFICE (WORD, EXCEL, POWER

POINT ETC.) in Diploma Standard.

) h d d f h


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• ii) The tenders received from the outsourcingagencies shall be scrutinized as per tenderconditions stipulated.

• iii) The short listing / Finalization ofoutsourcing agency shall be done onreasonable criteria by the department

concerned.• Iv) The remuneration to the personnel being

taken through Outsourcing Service agencyshall be in accordance with the orders issuedin G.O. Rt.No. 2501 Finance (SMPC)Department, dated 13-07-2006.


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After following the above procedure the

proposal shall be referred to GAD

Department for clearance.

52


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As per GO 3 Fin (SMPC) dt. 12-1-2011

Sl.

No.

Name of the Outsourcing

Category

Enhanced

Remunerations

1 Junior Assistant Rs. 8,400/- p.m.

2 Typist Rs. 8,400/- p.m.

3 Junior Steno Rs. 8,400/- p.m. 4 Senior Steno Rs 10,900/- p.m.

5 Driver Rs. 8,000/- p.m.

6 Attender/Class IV Rs. 6,700/- p.m.

7 Lift Operator Rs. 7,700/- p.m.

8 Data Entry Operators Rs. 9,500/- p.m.

9 Data Processing Officers Rs. 11,500/-p.m.

In case of others minimum of the time scale in RSP 2010


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DEDUCTIONS :

EPF: 12% + 13%

ESI: 1.75 + 4.75%

Service Tax: 12 %


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THANK

YOU

Contract appointments.pdf

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