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Rule 185 - Consultant TOR | KartavyaDesk

GFR 2017

Original Rule Text

Rule 185 Preparation of Terms of Reference (TOR). The TOR should include (i) Precise statement of objectives. (ii) Outline of the tasks to be carried out. (iii) Schedule for completion of tasks. (iv) The support or inputs to be provided by the Ministry or Department to facilitate the consultancy. (v) The final outputs that will be required of the Consultant.

What This Means

Rule 185 of the General Financial Rules (GFR), 2017, is all about setting clear expectations when you're hiring a consultant. Think of it as a roadmap for the consultancy project. Before bringing a consultant on board, your Ministry or Department needs to create a 'Terms of Reference' (TOR). This document acts as a guide for both the government and the consultant, ensuring everyone is on the same page. It applies whenever external expertise is needed and a consultant is engaged. It directly affects government departments, ministries, and the consultants they hire.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • TOR must include a precise statement of objectives for the consultancy.
  • The TOR needs to outline the specific tasks the consultant will perform.
  • A clear schedule for completing the tasks is essential in the TOR.
  • The TOR should detail the support the Ministry/Department will provide to the consultant.
  • The TOR must specify the final outputs expected from the consultant.

Practical Example

The Ministry of Rural Development wants to improve the efficiency of its MGNREGA scheme. They decide to hire a consultant, 'Visionary Solutions Pvt. Ltd.', to analyze the current processes and suggest improvements. Before hiring, they prepare a TOR. The TOR states the objective: 'To identify bottlenecks in MGNREGA implementation and recommend solutions to improve efficiency by 20% within one year.' It outlines tasks like data analysis, field visits, and stakeholder consultations. It sets a timeline of 6 months for the initial report and 12 months for final recommendations. The Ministry commits to providing access to data and facilitating meetings. The final output required is a detailed report with actionable recommendations and a proposed implementation plan.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if the TOR is not properly prepared?
A poorly prepared TOR can lead to misunderstandings, delays, and ultimately, the consultancy not achieving its intended objectives. It can also result in disputes between the Ministry/Department and the consultant.
Who is responsible for preparing the TOR?
The responsibility for preparing the TOR typically lies with the Ministry or Department engaging the consultant. A designated officer or team within the department is usually tasked with this.
Is the TOR a legally binding document?
The TOR forms the basis of the contract between the government and the consultant. It's a crucial document that outlines the scope of work and expectations, and it's referenced in the contract. Therefore, it's considered a legally relevant document.
Can the TOR be modified after the consultancy has started?
Modifications to the TOR are possible, but they should be done through a formal amendment process, with mutual agreement between the Ministry/Department and the consultant. Any changes should be documented and approved by the appropriate authorities.
Where can I find examples of well-written TORs?
Many government websites and international organizations (like the World Bank or UNDP) publish examples of TORs for various types of consultancies. Searching for 'sample terms of reference' along with the specific sector you're interested in can be helpful.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 185 of GFR 2017, which of the following elements MUST be included in the Terms of Reference (TOR) when hiring a consultant?

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