Antecedentes

The Government of India has accorded high priority and adopted multifaceted development strategies to promote socio-economic growth of Scheduled Tribes (STs) constituting 8.6% of the India’s total population as their human development indicators with regards to health, education, gender and other indices are well below the national average.

The Ministry of Tribal Affairs (MoTA) being the nodal Ministry for overall policy, planning and coordination of programmes for development of STs, has been pursuing the agenda of inclusive growth with Central and State governments to address the critical gaps in development of STs.  Various schemes and programmes are being implemented by MoTA such as Special Central Assistance to Tribal Sub Scheme (SCA to TSS); Grant under Article 275(1) of the Constitution of India; Post-Matric Scholarship for ST Students; Conservation-cum-Development Plan for Particularly Vulnerable Tribal Groups, Support to Tribal Research Institutes, Grant in Aid to Voluntary organizations etc. for development of the STs in addition to the protective legislations such as Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).

Within the above scope, Ministry of Tribal Affairs (MoTA) require the services of a Legal Consultant to support in drafting legal replies and articulation of Ministry’s legal position on various matters for submission to the concerned ministries/committees, courts along with follow up on cases in the Supreme Court and the High Courts, as may be required.

Deberes y responsabilidades

The Legal Consultant will work under the overall supervision and direction of Joint Secretary (A), Ministry of Tribal Affairs and National Project Director, MoTA-UNDP project and will perform the undermentioned functions:

• Provide legal advice/opinion and assistance in court matters pertaining to various Divisions within the Ministry of Tribal Affairs- implementation of Forest Rights Act, Scheduling/de-Scheduling of Tribes and Areas; NGOs, Constitutional and legal matters etc.

• Draft responses through affidavits and counter affidavits for cases where Ministry is a party/ respondent in various courts including High Courts and Supreme Court;

• Follow-up on ongoing or new litigations where Ministry is a party/respondent in Supreme Court and various High Courts;

• Draft legal notes on the position of Ministry for submission to various committees and correspondence with other Central Ministries;

• Any other task assigned by the Supervisor

Competencias

Functional Competencies

• Ability to meet deadlines.

• Demonstrates integrity and ethical standards;
• Positive, constructive attitude to work;

Habilidades y experiencia requeridas

Education:  

• Bachelors Degree in Law from recognized institution. Those having Masters Degree in Law will be given preference

Professional Experience:

• Atleast 10 years of experience in providing legal advice/opinion including litigation experience, preferably in the Supreme Court and High Court

• Atleast 5 years of experience of providing legal advice/assistance to the Central and/ or State Government

• Experience in legal research work, published articles in national/international journals, magazines etc.

Language Requirement: 

Excellent knowledge of written and spoken English and Hindi is essential

Submission of Proposal 

Payment Scheduled:

• On Monthly basis on certification of timesheet

Evaluation Criteria:

Shortlisting would be done based on the following criteria. 

Only candidates obtaining a minimum of 70% (i.e. 42 marks) would be considered for interview.

Interview:                                           40 marks

The award of the contract shall be made to the candidates scoring the highest combined marks based on the above criteria.

Annexes to the TOR

1. Annex 1: Offerors Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment

2. Annex 2: General Terms and Conditions for ICs (in separate document)

3. Annex 3: Banking Detail form (in separate document)

Documents to be submitted by Consultants

1. Offerors Letter to UNDP Confirming Interest and Availability for the Individual Contractor Assignment
2. Filled in and signed Banking details Form with a copy of cancelled cheque.

Notes:

• Miscellaneous charges i.e. internet, phone, relocation charges, local travel etc. would not be reimbursed separately;

• Individuals working with institutions may also apply, contract would be issued in the name of institution for the specific services of individual;

• Please note proposals without financial proposal will not be considered;

Consultancy Fee

INR 13,000 per day

Note - Please ensure that all the documents to be uploaded should be combined in a single PDF file before uploading as the system has provision of uploading only one document.

For any clarifications, please write to: ic.india@undp.org