Delhi Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2001

Q -GOVERNMENT. OF INDIA r:d 17 O9 Pelhi Getx.ette''' EXTRAORDINARY PUBLISHED BY AUTHORITY 4. 1281 , 3171216, 2001/S41UT 15, 1923 No.1281 APT IV PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OKTDIE ZIG 2 447111W 2 to 1)( (I) DELHI GAZETTE • EXTRAORDINARY [Rut IV] 3 Si eft -a a Awfr fafal um a Th--47- vra as a w1 7121 6 - CT 374 111117 11 4 1/461Vcr ,4 en 614 I , ik“:-.7(+7 799999 95R9,29 9 7331931 9111t1 11.1:7, 17,1 ' 17 - c ;444-nds.; 5155-1909 I 11-59-119V1-19 11 3-r 19 •119 c If 97 19•01 91199111 11 cl r-I•9:909 •919 79[5991.11 4:1 91910 0:999 19 R9 0 2 , 79- 7159110019,959 (901111 1 1 0 30 91 0 BO 951: oil) .919 (,-b) -99112ft11-11 "9 9, DELHI GAZETTE EXTRAORDINARY 5 fc'ig ?,4 1001 I 3133313r4 3113C3 6 DELHI GAZETTE EXTRAORDINARY [PART IV] tA Atli-Ft A A t-FT A attAr 44 to farmoTT v IATTA wratti A MAT- A-1 artArt)t-i) 18 Astrro Sit inol-zr 'Watt arrarr fth--41t t 014 UWE i,411 trol rft, der to- Artrou iTrAtr. tart mat TA.Ovir wit( tq To RITTor it-Al Ai WITH At Athlito m-7 At-or t 2 IP-MITT as 7e7TIT &VT/ A ta tit fit A TAT craft Tko t2or 4 artRoft fdtian, PART IYI DELHIGAZETTE: EXTRAORDINARY 7 31.07 #61 Alrr 36(62-1671, 1996 O1711 I 61'<1 Terfal DELHI ELECTRICITY REGULATORY COMMISSION NOTIFICATIONS Dells, the 6th August, 2001 No. 8(3)1200I/DE R0623.— In exercise of power conferred on it by section 61, sub-section (2) clause (n) of the Delhi Electricity Reforms ACT, 2000 (Act 2 of 20011 the Delhi Electricity Regulatory Commission hereby makes the following Regulations namely - 1. Shod title and commencement (i) These Regulations may be called the Delhi Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2001 oq These shall come into force with effect from tne date of their publication in the official Gazette. fif In these Regulations unless the context otherwise requires 0 (a) "Act" means, Delhi Electricity Reforms Act, 2000 (Act 2 of 2301). (b) "Commission" means the Delhi Electricity Regulatory CoMmission constituted under section 3(1) of the Act. (c) "Consultant" includes any individual, firm, body or association or persons. not in the employment of the Commission, who or wnich possesses or has access to any specialized knowledge, experience or skill. (d) "Officer" means an officer of the Commission. (e) "Secretary" means the Secretary of the Commission. (o) Words or expressions occurring in these Regulations and not defined herein but defined in the Act shall bear the same meaning as in the Act. 3. Scope of Work (i) Consultants will not be normally appointed for routine day to day work for whicn staff is available. (rr) Consultants would be engaged for executing specialized tasks for which skills are either not available within the staff of the Commission or where the nature of robs specific and time-bound. 04 Detailed terms of engagement will be drawn up in each case and agreed to between the Consultant and the Commission prior to award of consultancy (iv) The terms of engagement would specify the exact nature of the tasks to de undertaken by the Consultant, the time allowed for completion of each task and the specific outputs that are to be provided by the Consultant in relation to each of the tasks 4. Period of engagement Consultants will be engaged for the minimum period required In no case wil1 the maximum period of engagement exceed two years. PART IV] DELHIGAZETTE EXTRAORDINARY 9 5. Categorisation of Consultants (i) Individual consultants will be categorised into three groups based on their expertise and experience, as per the table given below: - Category Minimum Educational Qualification Minimum Experience Advisors PhD 15 years Masters Degree .18 years Ph.D. 8 year Masters Degree 12 years Consultants Ph.D. 3 years *Note In the case of lawyers, chartered accountants and engineers, the minimum educational qualification will be the relevant professional qualification (ii) The Commission may in appropnate cases, for reasons to be recorded in writing, relax the minimum educational qualifications keeping in view the overall expertise and experience of the person being considered for engagement as Consultant/Advisor. 6. Fees S. Other Charges (0 A consolidated fee at the rates mentioned below would be payable for each category of individual Consultant/Advisor (T) No other payments apart from the consolidated fee will be paid except for an additional amount to cover contingencies, which will be capped at an amount of 10% of the fees payable. Oil) Where the consultants have to incur expenditure on travel and stay at a place away from the normal place of residence, the Commission will reimburse DA by allowing an additional expenditure in lumpsum as indicated in the table below. The number of days on which this lumpsum will be payable will be determined as appropriate in each case. The cost of travel will be separately reimbursed by an appropriate class of travel, which will never be lower than that permitted for a Grade A gazetted officer of the Government of National Capital Territory of Delhi Category Fee per Mon-day Lump sum per day for Daily Allowance (iv) these regulations regarding fees payable will also apply to former and retired Government servants engaged as consultants (v) In the case of an institutional consultant, the rates for different categories of individual consultants will be used to determine the reasonableness of costs allocated to consultant time in the proposal In addition to the costs for consultant time a maximum_of of the fees payable will be allowable for overheads on account of 10 DELHI GAZETTE EXTRAORDINARY [P MITIV] office expenditure like telephone, photocopying, fax expenses etc The limit for contingency expenses in the case of institutional consultant will be 10% of the fees payable for consultant time besides the amount allowed as overhead for office expenses. 7. Appointment of Consultants (I) Terms of Reference for the appointment of consultants for specific tasks will be prepared by an officer of the Commission and will be submitted to the Secretary for seeking the approval of the Commission. (u) The Secretary will ensure that budgetary provisions exist for the proposal prior to putting the proposal up for consideration by the Commission (w) The scope of the services described in the TOR shall be compatible with the available budget. (iv) The Commission may decide either to invite combined technical and financial proposals or separate technical and financial proposals (v) The Commission will prescribe the minimum qualifying marks for the technical bid. (vi) After approval of the Terms of Reference by the Commission, the Secretary will cause the Request for Proposals to be issued inviting proposals from interested consultants, ensuring that appropriate publicity is given in each case. It will not, however, be necessary to go through the process of issue of public advertisement particularly where the value of the fee is below Rs. 2 lakhs in each case 8. Request for proposals The request for proposal shall include the following - (a) A letter of invitation stating the intention of the Commission to enter into a contract for provision of consulting services, the source of funds, the details of the plan and the date, time and address for submission of proposals (b) Information to Consultants shall contain all necessary information, by providing information on the evaluation process and by indicating the evaluation criteria and factors and their respective weights and the minimum pre-qualification score, that will help Consultants prepare responsive proposals. (c) Terms of reference shall be prepared to define dearly the objectives, goals and scope of the assignment and provide background information including a list of existing relevant studies and basic data to facilitate the Consultants preparation of their proposals If transfer of knowledge, training is an objective, the TOR will detail the number of staff to be trained TOR shall list the services and surveys necessary f o carry out the assignment and the expected outputs (for example reports, data, surveys etc linked to each task in the TOR (d) Draft contract as per format in Schedule 1 9. Receipt of proposals (I) Enough time shall be allowed for the consultants) to prepare and submit their proposals. While the time allowed shall depend on the assignment, it will normally not be less than two weeks, during which period that those) consultant(s) may seek clarifications about the information provided in the TOR. (0) The Commission may decide to extend the deadline for submission of proposals, as deemed appropriate by it. NO No amendments to the technical or financial proposals shall be accepted after the deadline except before a negotiating committee appointed by the Commission. The proposals shall be submitted in sealed cover. Where the Commission prescribes that separate technical and financial proposals are to be submitted they shall be submitted in separate sealed envelops 10. Evaluation of proposals Proposals will be evaluated both on the basis of quality as well as cost Where the Commission decides that proposals are to be evaluated separately on technical and financial basis, the evaluators of the technical proposal shall not have access to the financial proposals, until the technical evaluation is completed. 11. Technical Evaluation (I) Technical evaluation will be done by a Committee nominated by the Commission taking into account the following criteria Each criterion shall be marked on a scale of 1 to 100 and then the marks for each criterion shall be weighted to become weighted average technical scores Weights in the following ranges will be used by the technical Committee with the approval of the Commission to calculate the weighted average technical score for each proposal - Criterion Range of Weights The Consultants relevant expenence for the assignment 0 10 to 0.20 The quality of the methodology proposed 0 20 to 0.50 The qualifications of the key staff proposed 0 30 to 0.60 The extent of transfer of knowledge to the staff of the Commission 000 to 0 05 Note. The mix of weights approved by the Commission must total to 1 (ii) Where the assignment depends critically on the performance of the key staff the proposal shall be evaluated on the qualifications of the individuals proposed to be appointed using the following criteria - (a) General qualifications General education and training, length of experience, positions held, time with the consulting firm as staff, experience in developing countries etc. DELHI GAZETTE: EXTRAORDINARY [Parr IV] (b) Adequacy for the assignment: Education, training, experience in the specific sector, field, subject and relevance to the particular assignment. (c) Regional Expenence: Knowledge of the administrative system, organization and culture at the local/regional level. (iii) After the technical evaluation is completed, the Commission shall inform those Consultants whose proposals did not meet the minimum qualifying marks or were considered non-responsive to the terms of reference and their financial proposals will be returned unopened after completing the selection process. Simultaneously, those Consultants who have secured the minimum qualifying marks shall be informed about the date and time for opening the financial proposals giving sufficient time for the Consultants to be present at the opening, should they so desire 12. Financial Evaluation (i) The financial proposals of the pre-qualified Consultants will be opened by the committee in presence of consultants or their representatives whose bids are shortlisted for financial evaluation The proposed pnces shall be readout. The details shall be recorded in minutes of the proceedings. (n) The Secretary will cause a review of the financial proposals to be done. Arithmetical errors will e corrected. The cost will be converted to a single currency using uniform selling (exchr, rates. (iii) The proposal wEin lowest cost will be given a financial score of 100 and other proposals given financial scores that are inversely proportional to their prices. 13. Evaluation of financial and technical scores (i) The total score shall be obtained by weighting the technical and financial scores and adding them. The weight for the financial score shall be as prescribed by the Commission in each case taking into account the complexity of the assignment and the relative importance of quality However, the weight will never exceed 0.3 for the financial score in any case (n) The Commission may appoint a negolidfing Committee to enter into both technical and financial negotiations. Where technical negotiations are conducted, they will be completed prior to pre-qualification of the Consultants. Financial negotiations can be entered into for any aspect of the financial proposal including the unit rates for staff - months, contingency amounts, lump sum reimbursement of travel and living expenses and payment terms. (in) The Commission may reject all proposals if they are found to be unresponsive or unsuitable either becauseOhey represent major deficiencies in complying with the TOR or they involve cost substantially higher than the original estimate 14. Single source selection Single source selection shall be used only in exceptional cases where it is appropriate and represents a clear advantage because the tasks represent a natural continuation of PAR IV] DELHI GAZE! EXTRAORDINARY 13 previous work carried out by the Consultant, or where a rapid selection is essential, or for very small assignments where the fee payable oes not exceed Rs. 2 lakhs in each case or where only one firm is qualified or has experience for the assignment. 15. Selection of individual Consultants (0 Individual Consultants will be employed for assignments for which teams of personnel are not required, no additional outside (home/office) professional support is requied and where the experience and qualifications of the individual are the paramount requirement. (4 Individual Consultants will be selected on the basis of they qualifications for the assignment. They may be selected on the basis of references or through comparison of qualifications among those expressing interest in the assignment or approached dhectly by the Commission. Capability will be judged on the basis of academic background, experience and as appropriate - knowledge of bcal conditions, administrative system and government organization. 16. Conflict of interest Consultants shall not be hired for any assignment that would be in conflict with the prior or current obligations to other clients or that may place them in a position of not being able to carry out the assignments objectively and impartially. 17. Saving of inherent power of the Commission Nothing in these provisions shall bar the Commission from adopting a procedure which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of the matter or class of matters and for reasons to be recorded in writing. deems it necessary or expedient to depart from the procedure prescribed in the regulations. 18. General power to amend The Commission may at any time and on such terms as it may think fit amend any provision of these Regulations for the purpose of meeting the objectives with which these Regulations have been framed. it Power to remove difficulties It any difficulty arises in giving ,Clect to any the provisions of these Regulations tht Commission may, by general or special order do anything. not being inconsistent Wit• , the provisions of the Act, which appears to it to be necessary or espedent for the purpose of removing the difficulties DELHI GAZETTE : EXTRAORDINARY [PART IV] SCHEDULE 1 ARTICLES OF AGFREEMENT made on this day of BETWEEN of the one part and the Delhi Electricity Regulatory Commission (hereinafter called "the Commission") of the other part WHEREAS the Commission has engaged the party of the first part as a Consultant and the party of the first part has agreed to provide the consultancy services to the Commission, on the terms and conditions hereinafter contained. NOW THESE PRESENT WITNESSES and the parties hereto respectively agree as follows. 1 The party of the first part shall submit itself to the orders of the Commission and of the officers and authorities under whom it may from time to time be placed by the Commission. 2 The party of the first pad shall complete the assignment as contained in Annexure "A" within a period of commencing from 3 The party of the first part shall be paid as under. 4. The schedule of payments shall be as under. 5. No TA/DA shall be admissible to the party of the first part for local journey in connection with the consultancy assignment 6 The party of the first part shall not disclose to any unauthorized person any information and data that may be supplied to it by the Commission or by any other organization under the directions of the Commission. All such documents or any information, that may have come to its knowledge directly or indirectly by virtue of the assignment, shall be the property of the Commission 7. The party of the first part undertakes that this assignment shall not be in conflict with its pnor or current obligation to other clients nor shall it place it in a position of not being able to carry out the assignments objectively and impartially. 8. In case of any default on the part of the party of the first part in completion of the work within the time schedule agreed to between the parties as herein above, the party of the second part shall be at liberty to get the work completed from any other agency at the risk and cost of the party of the first part 9. In case of any difference or dispute between the parties ansing out of this Agreement, t shall be referred for arbitration to a person nominated by the Commission. The DELHI GAZETTE EXTRAORDINARY IS PART IV] proceedings shall be subject to the Arbitration and Conciliation Ad, 1996. as amended from time to time. 10. The payment of fee to the party of first part shall be made by the Commission after the deduction of tax at source in accordance with law for the time being in force. 11 The Commission reserves its nght to foreclose, terminate or cancel the engagement of the Consultant without assigning any reasons In such cases, party of the first part shall be paid remuneration after taking into consideration the part of work completed prior to such foreclose, termination or cancellation of the engagement as may be decided by the Commission, and the decision of the Commission shall be conclusive and binding. The remuneration so fixed and paid shall be deemed to be the final payment in such cases. 12 In respect of any matter for which no provision has been made in this agreement, the provisions contained in the general instructions of the Government on the subject of engagement of consultants shall apply. In witness whereof the party of the first part and to the Commission on behalf of the Commission have hereto put their hands on the day and the year first above written. Signed by for the party of the first part in the presence of Signed by the Commission in the presence of to the Commission for and on behalf of the 2001 IT \mill 16 DELHI GAZETTE : EXTRAORDINARY [PART IV] (EF) I TO 20 000 to 2 00 000/4 I 045444 44 4-°1C a 4d (an 44444 0447 4 47077 .000 4^r 0 #05445 T4 41T 004 # alcaq at 684 6150-4 4445 505# 5 4on- 5454 540 ao 450 44144 47 'a t4 warraa Wia CNOI aar a 004 040101 40020 ara taaar (a) ;Fa (a) 901 Q1 I IX at I to sosmo/- 22sr-d2 tram #4041953 #44# 024141 04404 #4 ~r8a+l 961 541 4441 9 it 4441 5405 I (rr ITS 88w 48 aa rna Tutu a T414 612-64 -oft and ai far at I To 40004- 55044 f. 114 aaar ;a seerdi as SO 000/- vital #0 4000 / as 2,000/- 5-F4457 itafa i#451 40T I #4- #7 #445-41# 444434/541 04444 =a 1 ma am (s) DELHI GAZETTE EXTRAORDINARY [PAH IV] 7020/- I. - 1 I I 7117d771 7' I 72727 Me }7 271712-i 1 71 'SDI I I I I I I teff0 47 I [ 777 m (-94➢[41 4 0 4 449 7172-71 25 Stra 4 I r 0 trtrrro A *less ere 0 eor 2717)T 9t) on i N9-4 7{ 72-'4?-711 N-17 0 04 t I re•I s 0/1 0 or Ardo • 41 Hers AA It/ trert otrrur 0 $41 etrff I I ASH 04 04 Ass 0 Are$I1 At/ j 01 ro 71,717017 t IS voArot I et Wes e so 40 is Oros (30 IIPPIT At sso tem * WO tare ftrn -2722. tl I ree CR 71 vest 01 statif Tut trittal TO 50,000 / - At Fig at 04 Merit et TO 5.000/- Sea so eft 0/5 ARO-tlxa rti 117471 etrt A SrOrS 0114 as HAD AS too ttrnet 0 00 A terS $ A sear trot 0 AS orDrit AIL 04 $ ISsofra 11-• A spit • torh vitrel 14 7 so sat/ - ANS sireril art TO tome- Hat 7T7E7-41 ett 1:21 z s 00 4247 27 3TP-N DELHI GAZETTE EXTRAORDINARY (‘r4) 01) rmir 16 tlI mtamaata, artmaaaw fimma Tha sz in t I-74V i TO 20,000/ - i FO IC 000> C00-0i WOCII ST00/- so O00/- DELHI GAZETTE . EXTRAORDINARY 'PART IV] No. F. 1(3)/EstUDERC/2000-01/624.- In exercise of powers delegated under section 61 of the Delhi Electricity Reform Act 2000 ( Act 2 of 2001) and in pursuance to Finance Dept'., GoNCTD letter No. F.8/4/2000-AC/2797-99 dt. 8-12-2000 and F.8/4/2000 AC/3049-51 dt. 5th January 2001 regarding delegation of financial powers to the Commission, the Delhi Electricity Regulatory Commission makes the following Regulations for further delegation of financial powers to the various authorities responsible for exercise of financial powers in connection with affairs of the commission 1. Short title and commencement:- These regulations shall be called Delhi Electricity Regulatory Commission (Delegation of financial powers) Regulations 2001. They shall be deemed to be in force with effect from 8th Dec. 2000. these regulations the words used shall have the following meanings Government shall mean Government of National Capital Temtory of Delhi (ii) Act shall mean the Delhi Electricity Reform Act 2000 (Act 2 of 2001) and shall include any statutory amendment, modification and re-enactment thereof. (Ili) Commission shall mean Delhi Electricity' Regulatory Commission (iv) Chairman shall mean Chairman of Delhi Electncity Regulatory Commission (v) Secretary shall mean Secretary for Delhi electricity regulatory commission or any other officer of the Commission authorised by the Chairperson to discharge the responsibilities of the Secretary in his/her absence for a limited period. (vi) Head of the department shall mean Secretary of the commission or any other officials Io whom such powers may be delegated by the Government under SR 2(13) of Fundamental & Supplementary Rules and Rule 3(f) of the Delegation of Financial Powers Rules 1978. (v11) Head of the office shall mean Director Administration of the Commission or any other officer of the commission to whom such financial powers may be delegated by the head of the department in pursuance to Gol MHA letter no. F.4-5/63/Fin (PT) dt.1/5/64 read with rule 14 of the Delegation of Financial Powers Rules 1978. (viii) Words or expressions occurring in these regulations and not defined here in but defined in the Act shall bear the same meaning as in the Act 3. All financial expenditures relating to the affairs of the commission shall be made in accordance with the delegation of financial powers mentioned in appendix A to these regulations. 4. The Commission shall have powers to make suitable amendments to these regulations from time to time in accordance with requirements of the functioning of the Commission. The Secretary of the Commission shall also ha.e the authantfy to issue directives from time to time in order to ensure smooth implementation of these regulations. 5. If any difficulty arises in giving effect to any of the orovipons or these eguirtfoor the Commission may, by general or special order, do an yiftng with the provisions of the Act, which appears to it to be hetes:tory orf removing the difficulties. :11 fart nG 2,Motor Vehicle Maintenance upkeep and Condemnation of vehicles Full powers Full powers •er vehicle Ni! Full powers Full powers Subject to instructions issued by GOI and Govt of NOD from time to time 3. Office Equipments and Computers endix A Delhi Electricity Regulatory Commission Dele • ation Of financial Powers Re • ulations 2001 Moneta limit is to which ex • Powers of the Head Of the Department Powers of the Head Of the Office Rules, orders, restrictions or scales subject to which the expenditure shall be incurred Item of Ex •endfture Full powers Full powers in each case Rs 50,000/- in each case in each case in each case Non-recurring Purchase of all office equipments including typewnters, electronic typewriters, intercom equipments, calculators, electronic DiCtOphOneS, copying machines, franking machines, filing and indexing systems. Computers' accessories Computers (including personal Computers) Full powe Rs, 5 lakhs p a. Rs 2 lakhs p.a. Procurement to be made through NIC subject to assessment of requirement on basis of system study Maintenance of Computers of all kinds Purchase Hire of office furniture, heater, coolers, Purchase of Desert Cooler & Room Cooler, Air conditioner. Full •owers Powers of the Commission Recurring DELHI GAZETTE: EXTRAORDINARY DERC (Delegation of financial Powers) Regulations 2001) I P 1V1 DERC (De egotion of Nuance' Powers) Regulations 2001) 5 No Item of Expenditure Monetary limit upto which expenditure can be incurred Powers of the Commission Powers of the Head Of the Department Powers of the Head Of the Office Rules, orders, restrictions or scales subject to which the expenditure shall be incurred (l) (2) (3( (4) 15) 5 Purchase of Stationery 161 (a) Purchase of stationery stores mentioned in the list under Appendix 9 to Compilation of the General Financial Rules. (b) Local purchase of petty stationery stores, (c) Local purchase of rubber stamps and office seals 10) Printing and Binding Full powers Rs, 5 lakh p a if the job is executed locally Rs. 2.50,000v- p a if the job is executed locally (b) Publications Full powers Full powers Rs. 25,000/- p.a (c) Payment of Publicity charges Full powers Full powers subject to prescnbed rates Nil All advertisements to be released through DIP 7. Telephone L Internet Charges above Sanction of residential telephonesenternet connections with separate telephones line in case of officers drawing salary in the scale equivalent to that of Dy Secy in the Govt of India or Full powers Full powers Nil (b) Sanction of residential telephonesenternet connections with separate telephones line in case of officers drawing salary in the scale below to that of Dy. Secy in the Govt. of India Full powers Nil that the no o such posts Nil Subject to co t such s ition sanctions shall not exceed no. of s 25% of the (c) (CI) For entitled category of officers the re-imbursement of call charges limited to 1000 calls p m over the free calls allowed by MTNL for telephone line and similar number of calls allowed for Internet telephone line as well os the rental charges Full powers including powers to sanction excess calls relating to official duties. Full powers including powers to sanction excess calls relating to official duties. furnished by the Full powers upto calls within sanctioned limit In case the prescribed limit for colts is exceeded for requirements of of certificate duties, rtificate to this effect shall be Officer concerned Non-entitled officials' limit Full power Full power Full power DERC (Delegation of Frnancol Powers) Regulations 200 I) L, No, Item of Expenditure Monetartlimit u_Qto which expenditure can be incurred I Powers of the Powers of the , Powers of the I, I I Commission Head Of the I Head Of the I Deportment I Office I Rehnbhtse,hient or estted telephone charges Icails and I rentall io case of a' %tate , r- the "acres a' ass -ter: at (II) For residential and other purposes Full power m Full Power J Ni' 9 Petty Works and Repair- Execut ion of p' 'r1 he t and I Fu I power special repairs to Gayer 'tent I owned ouldingt irchtding I I sa-stary 'Rings watch: -Ph/ I and electric installs:hors 'n sucn out dings and repairs to I i shch estellattons I ' Fug power ,ncruding powers to sanction excess calls selateg to °shoo' , duties Full power Full powers up powers to I is-sh sanction excess ottetta' duties r8 Rent [a) , Where -he accommoCahon Is % Full power I entirely us Sea for the office Id) Where he accommodation is Full power Full oower thl I used portly as office and I per building if The work executed departmentally Full powers if the work IS executed another Govt agency hi! power the wore executed departmentally cnaraes no IsSaa Idea Adiocale) , Fiehsdess, a'IndSCISSIS and -pees Rules, orders, restrictions or scales subject to which the expenditure shall be incurred I epporrement being mode with I approval Subject to the I condition that the ens is In i r I accordance with rent fxed by the 1 rent fixation I committee and I fulfillment iatiod condshons down in DF-P Rules, I Subject to The fI decrsion of Govt of I s I India and Govt of I NinCeTD from time to T Go, ere ve st bh idet-is. i s I 7 -00 rehs.sittnect 1 j non-recurring 1 decisions of Govt I I b begs I I and Rs 1,000/- 1 of India and Govt I I I 1 of NOM from time I E, ,al recurring 1 to Time , I ll I EleCIIIC. Gas ants Worer 1 Full power I FUII cower Fu power I I —H -I Libl 1 Muecioal Rotes ono Taxes I Full cower I Fte oower El" po e'er ICI I Freight and den-huh-age / I Fut' posies I FLU cower t,- I vnarf use shaeses I I (at ehng oh iehs-hi cot-sheaths t -ull Dower 1 Full power Full power I Pvu IV] DELHIGAZETTE EXTRAORDINARY 25 DERC (Delegation of Financial Powers) Regulations 2001) 5.No. Item of Expenditure Monetary limit Powers of the Commission up to which expenditure Powers of the Head Of the Department can be incurred I Powers of the I Head Of the ; Office Rules, orders, restrictions or scales subject to which the expenditure shall be Incurred (b) Other legal charges Full power Full power Full power lc Reimbursement of legal expenses incurred by Commission employees in cases relating to discharge of their official duties Full power Full power Full power 12. Payment of Consultancy Charges Full power Full power NA The appointments shall be made in accordance with relevant regulations framed by DERC 13 Staff paid from contingencies Full power Full power Nil 14 Honorarium Full po Ater Full power Subject TO norms 15 Reimbursement of Medical Expenses Full powers including powers to grant relaxation from provisions of regulations framed by the Commission in deserving cases Full powers as per DERC (MA) Regulations for cases covered under Regulations Full powers as per DERC (MA) Regulations for cases covered under Regulations I The CS (MA) Rules, to be followed till framing of medical attendance regulations by the Commission Id Conveyance Hire Full power Rs. 20,0001- p m Rs 10,000/- p.m 17 Expenditure for refreshment for official Full power Rs 25,000/- p,a Rs 10000/- p a. Subject to availability of budget meetings 18. Disposal of obsolete surplus or Full power Rs. 50,000/- at a time Rs 5 000/ at a time unserviceable stores ANT SRIVASTAVA Sees (Delhi Electricih Reaulators Comm.,- ion) DELHI GAZETTE • EXTRAORDINARY [Pam IV] affmrar f71, 6 777, 2001 (fizr 11 a4) Treti MTN facer miwff I 'lll"Ir I 7771, f-4a-4: HIGHCOURT OFDELHI : NEW DELHI NOTIFICATION Delhi, the 6th August, 2001 No. 134/Estt./E. 6/DHC/Rules.—In exercise of the powers conferred by Section 7 of Delhi High Court Act, 1966 read with Article 227 of the Constitution of India and all other powers enabling it in this behalf, the High Court of Delhi with the previous approval of the Li Governor of Govt. of N C.T. of Delhi hereby makes the following amendments in Schedule appended to Chapter 17 of High Court Rules and Orders, Volume IV (1966 Edition), regulating the fee regarding preparation and supply of attested copies of records of Civil and Criminal Courts by all the Copying Agencies in Delhi Subordinate Courts under the control of the District & Sessions Judge, Delhi. (A) The following shall besubstituted for the Existing Schedule Appended to Chapter 17(1966 Edition) :— SCHEDULE (See Rule I I) Fee charged for 'Ordinary Attested Copies' —On an application for 'Ordinary Attested Copies' Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 10/- shall be charged as 'Processing Fee'. Fee charged for 'Urgent Attested Copies' :—On an application for 'Urgent Attested Copies', i e , copies to take precedence of other copying work, Rs. 5/- per page irrespective of number of words/lines shall be charged and a uniform extra fee of Rs. 25/- shall be charged as 'Processing Fee'. NOTE :— These amendments shall come into force with immediate effect. By Order of the Court BHARAT BHUSHAN, Registrar. Printed by the Manager, Govt of India Press, Ring Road, May apuri, New Delho11000 and Published by the Controller of Publications. Delhi-I 10054 (a) REGISTERED No. D.L.-33002/99 GOVERNMENT OF INDIA EXTRAORDINARY PUBLISHED BY AUTHORITY No. 11 DELHI, WEDNESDAY, FABRUARY 12, 2014/MAGHA 23, 1935 [N.C.T.D. No. 239 9T MM--III it itsoNot TIME71t-1. tit 'it GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI it-A- fait ret -tot+14+&fag aTf1117091 t), 3T 2k: - 590 DG/2014 DELHI GAZETTE : EXTRAORDINARY [PART III t)1 4 1.-er ii(4154711< ,1441 1-f4u PART III] DELHI GAZETTE: EXTRAORDINARY 3 1c4 4-14)-T arOn- erq ct) ,111 ()i) &Mir er atts-rzr f 1 f4g15 fakqpict) anti ant aitz 7-4-Pat it t1 zistrzr t 4 DELHI GAZETTE: EXTRAORDINARY [PART III ft4 -wit 7-€ 51'111 12. Thin CT: ft4-4 PART III] DELHI GAZETTE : EXTRAORDINARY 13. Slia 61111014) (IF) TITE ‘110160K .$31ML1 3TR4RT# 3#7 aft 4) 41 td 3TIZI#T 4 74717 04 ftilt At tie TM 18. MT: s- -90 P 61114-)_ DELHI GAZETTE: EXTRAORDINARY [PART III ( .?rrtiw) crci-r44 (+14161+:T7) Th-T PART DELHI GAZETTE: EXTRAORDINARY DELHI ELECTRICITY REGULATORY COMMISSION NOTIFICATION New Delhi, the 12th February, 2014 Delhi Electricity Regulatory Commission (Appointment of Consultants) (Amendment) Regulations, 2014 No. 8(3)/2001/DERC/4705.--- In exercise of the power conferred under section 61, sub-section (2) clause (n) of the Delhi Electricity Reforms Act, 2000 (Act 2 of 2001) the Delhi Electricity Regulatory Commission and all other poWers enabling it in this behalf, and after previous publication, the Delhi Electricity Regulatory Commission hereby makes the following regulations, to amend the Delhi Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2001, (hereinafter referred to as "the principal regulations"), namely:- 1. Short title and commencement.- (a) These regulations shall be called the Delhi Electricity Regulatory Commission (Appointment of Consultants) (Amendment) Regulations, 2014. (b) These regulations shall come into force with effect from the date of their publication in the Official Gazette 2. Amendment of Regulation 3 of principal regulations - A new clause (v) shall be added after clause (iv) of Regulation 3 of the principal regulations as under " (v) assisting the Commission in performing their functions, if the Commission is satisfied that there has been increase in quantum; of work in the Commission or regular posts could not be filled due to various constraints." 3. Amendment of Regulation 5 of principal regulations.- A new clause (iii) shall be added after clause (ii) of Regulation 4t. 5 of the principal regulations as under :— "(iii) Staff consultants" 4. Insertion of a new Regulation 15 A. — After Regulation 15 of the principal regulations, a new regulation 15 A shall be added as under : " 15 A. Staff Consultant: (I) The Commission, on being satisfied that there has been an increase in the quantum of work of the Commission, or difficulties arising in filling regular posts, may decide to engage a Staff Consultant in exigencies of work, to assist the Commission in discharge of their functions effectively and direct the Secretariat to take further steps. (2) The Commission shall invite applications by publishing notice in the National Dailies and Commission's website and by giving, as far as possible, a period of four weeks for making applications by interested persons. (3) Before publishing the notice, the Commission shall identify the qualification and experience requirements keeping in view the relevant provisions of the Commission's Regulations governing the recruitment against regular posts. (4) The Staff Consultant may be categorized based on the qualification and length of experience ranging from two to fifteen or more years and offered a consolidated fee, which shall be decided by the Commission on case to case basis. The fee so decided under this clause may stand revised at the end of every year with an escalation of 10%. DELHI GAZETTE : EXTRAORDINARY [PART III The Chairperson shall constitute a Selection Committee which shall interact with the candidates and recommend names of suitable' persons for engagement as Staff Consultants and the fee to be paid for approval of the Chairperson. (6) The Selection Committee for appointment of Staff Consultant shall be same as prescribed for the appointment of regular Staff/ Officers of Commission. For constitution of appropriate Selection Committee, the nature of work, duties and responsibilities and level of work envisaged from Staff Consultant may be equated with the Staff / Officers of Commission. (8) The Staff Consultant shall normally not be engaged for a period more than three years. (9) The Staff Consultant shall enter into an agreement with Commission as per the draft agreement, consisting of terms and conditions of appointment, given at Annexure - A. JAYSHREE RAGHURAMAN, Secy. PART III] DELHI GAZETTE : EXTRAORDINARY 9 Annexure - A AGREEMENT I This agreement made on this day of BETWEEN , resident of hereinafter referred to as "Staff Consultant" or the party of the "first part" AND 2 The Delhi Electricity Regulatory Commission having its office at Viniyamak Bhawan, C-Block, Shivalik, Malviya Nagar, New Delhi - 110 017 and represented by , Secretary, herein after called Commission or the party of the 'other part', which term shall wherever the context means and includes its representatives and assigns. 3 WHEREAS (a) The Commission, on being satisfied that there is a need to appoint a "Staff Consultant for specialised task / specific work of from amongst the applicants who had applied for the post of Staff Consultant against the advertisement dated (b) The party of the first part had responded to the aforesaid advertisement and submitted his / her application. (c) The Commission, in response to the application received from the party of the first part and based on the recommendation dated of the Selection Committee, decided to engage him / her as "Staff Consultant for specilized task / specific work of " under the provisions of the Delhi Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2001 as amended from time to time. (d) The party of the first part has agreed to take up the above said assignment. 4 NOW THESE PRESENT WITNESSES and the parties hereto respectively agree as follows: 5 Definition: (a) Commission means Chairpersons and Members of the Delhi Electricity Regulatory Commission (h) Chairperson means the Chairperson of the Authority or Appropriate Commission or the Appellate Tribunal; as the case may be (as defined in Sec. 2(11) of the Electricity Act, 2003. (c) Member means Member of the Appropriate Commission or the Appellate Tribunal; as the case may be (as defined in Sec. 2(43) of the Electricity Act, 2003. (d) Secretary means the Secretary of the Delhi Electricity Regulatory Commission or any other officer of the Commission authorised by the Commission to discharge the responsibilities of the Secretary in his/her absence for a limited peribd. (e) Reporting Officer means an Officer / Officers of the Delhi Electricity Regulatory Commission under whose supervision the individual consultant shall be placed and to whom the individual consultant shall report to. (0 Competent Authority means an Officer of Commission, who is competent to take a decision in a matter placed before him. (g) "Confidential Information" means any and all information communicated to the staff consultant by Commission either verbally or in writing duly marked or by any other organization under the directions of the Commission, which comes to the knowledge or in the possession of the Staff Consultant either directly or indirectly by virtue of execution of this agreement. DELHI GAZETTE : EXTRAORDINARY [PART III (h) "Person" shall include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person. (i) "Government" means Government of National Capital Territory of Delhi. 6. Nature of work: The party of the first part shall be engaged as Staff Consultant in the area of 7. The commencement of assignment: The assignment shall commence with effect from the date of assumption of charge by the party of the first part i.e. day of 8. The duration of contract: The contract will be for a period of year(s) from the date of assumption of charge, which may be extended for one more year depending on the performance and needs of the Commission on mutually agreed terms. 9. Designation: "Staff Consultant" shall henceforth be designated as Staff Consultant 10. Payment Terms: (a) The Staff Consultant shall be paid at the end of each month a consolidated remuneration of Rs. (Rupees only) per month inclusive of all direct and indirect taxes. (b) The Staff Consultant shall NOT be entitled to any other remuneration or reimbursement or perquisite or facilities or other allowance admissible to the employees appointed against a regular post of the Commission. 11. Deduction of Income Tax at source: Income Tax shall be deducted at source from all payments approved to be made, in accordance with the provision of Income Tax Act, 1961, as amended from time to time. 12. General terms and conditions: (a) The Staff Consultant shall execute the assignment under this agreement during the normal working hours at the Office of the Commission or such other places as the Commission may direct. (b) The Staff Consultant shall regularly attend the office of the Commission during its normal working hours from 9:30 A.M. to 6:00 P.M. (05 days a week) to execute the assignment under this agreement. There shall be an half- hour lunch break froml :30 P.M. to 2:00 P.M. The Staff Consultant shall be willing to attend office on Saturdays, Sundays and other gazetted holidays, and also to sit beyond normal working hours in case of exigency of the work. (c) The Staff Consultant shall maintain proper decorum, as is expected of from an Officer, while on duty in the Commission. (d) The present assignment is purely on contractual basis. The Staff Consultant shall have no claim for regular appointment or seniority or counting of past service due to the services rendered in the Commission under this contract. She/he shall also not be entitled for any claim for gratuity, provident fund and any other benefits as are available for the employees appointed against regular post of the Commission. (e) There will be a provision of 15 days leave in a year in addition to the gazetted holidays applicable in the Commission office. Staff Consultant shall take and obtain prior written permission from the Commission in order to take Leave/temporary leave from the assignment. (f) In case of tour outside Delhi, the Commission will reimburse the expenses for journey undertaken for official work by the Consultant as per the following entitlement:- (et PART DELHI GAZETTE : EXTRAORDINARY i. By Train (AC II or AC III). ii. Other facilities as per entitlements of Staff / officers of Commission to which level the Staff Consultant has been equated. (g) The Staff Consultant shall, subject to the work schedule, be placed under the supervision of such Officer as the Commission may by an order assign and shall report to that Reporting Officer. The Staff Consultant shall submit itself to the orders of the Commission and of the Officers and Authorities under whom he may, from time to time be placed by the Commission. (h) The continuation of the assignment under this agreement is subject to continuous physical fitness of the appointee and recommendations of the Competent Authority. (i) The Commission shall have total ownership of the system studied, designed or implemented in any phase of the assignment. All such documents or any information, that may come to his knowledge directly or indirectly by virtue of this assignment and or connected with this assignment, shall be the property of the Commission. 13. Restrictive terms: (a) The Staff Consultant affirms and confirms that the current assignments at the Commission is not and shall not be, in conflict with any of its previous or present obligations to any party with whom it has association, nor shall it place himself/herself in a position of not being able to carry out the assignments objectively and impartially. (b) The Staff Consultant affirms and confirms that he/she shall hold all Confidential Information in confidence and with the same degree of care it uses to keep its own similar information confidential, but in no event shall use less than a reasonable degree of care. (c) The Staff Consultant affirms and confirms that any information/data that may be marked to it by the Commission or by any other organization under the directions of the Commission, which comes to the knowledge or its possession by virtue of engagement of this agreement, shall not be disclosed to any unauthorized person in any manner. (d) The Staff Consultant further affirms and confirms that it shall not, without the prior written consent of the Commission, disclose such information/data to any person for any reason at any time (e) The Staff Consultant shall not conduct in any manner or undertake any such assignment with any of the Licensees of the Commission, which might be in conflict with current obligation nor shall it place himself/herself in a position of not being able to carry out the assignments objectively and impartially. For any breach of clause of this agreement, the Commission shall, without prejudice to any other action that it may initiate against the Staff Consultant as per law, subject the Staff Consultant to liability to pay the Commission such compensation as may be decided by the Commission keeping in view of violation of any of the terms of this agreement, the nature, manner and motive of the information disclosed and the extent of the damage caused by such unauthorized disclosure, which shall in any case be limited to the total of the consolidated remuneration paid for the assignment till the date of default. 14. Termination of contract: (a) The Commission reserves its right to foreclose, terminate or cancel the engagement of the Consultant without assigning any reasons in case it is noticed that the work and/or conduct of the Staff Consultant is not satisfactory and/or in case it is found that the Staff Consultant has worked/working in a manner which is prejudicial to the interest of Commission and/or any case of prosecution/disciplinary action has been initiated against the Staff Consultant in connection with any past employment or personal misconduct by a competent authority/Court of Law and/or in case it is noted the Staff Consultant has been engaged in any other employment concurrent to this appointment and/or in case it is found that the employment has been obtained by fraud or submission of false particulars or for any other reasons which Commission may deem fit, for such termination. (f) DELHI GAZETTE: EXTRAORDINARY [PART III (b) The contract shall be liable to be terminated pre-maturely by either party by giving one month's notice or one month's consolidated remuneration, as fixed vide pars 10(a) hereinabove, in lieu thereof. 15. Effect of termination: (a) On pre-mature termination of the assignment, the Commission shall pay the party of the first part remuneration for the work performed by him / her till the date of termination of the Contract. (b) In such cases, the party of the first part shall be paid remuneration after taking into consideration the part of work completed prior to such foreclose, termination or cancellation of the engagement as may be decided by the Commission, and the decision of the Commission shall be conclusive and binding. The remuneration so fixed and paid shall be deemed to be the final payment in such cases. 16. Notice: Any notice between the parties shall be in writing. 17. In respect of any matter for which no provision has been made in this agreement, the provisions contained in the general instructions of the Government of NCT Delhi on the subject of engagement of consultants shall apply. 18. Arbitration: (a) Any difference, dispute, claims which may arise between the parties hereto as to the construction or true intent and meaning of any of the terms and conditions herein contained or as to any payment to be made in pursuance hereof or as to any other matter arising out or as to any other matter arising out of or connected with or incidental to these presents or as to the rights, duties and obligations of any of the parties, such difference, dispute or claim shall be mutually settled amicably by arbitration through a sole arbitrator appointed by the Commission. (b) The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof. The venue of such arbitration will be Delhi/New Delhi. (c) Arbitration shall be subjected to and conducted in 'English' language. 19. JURISDICTION: In respect of any legal proceedings arising as a result of or relating to or incidental to this agreement, the courts in Delhi/New Delhi alone shall have exclusive jurisdiction. In witness whereof the party of the first part above named and the Secretary on behalf of the "Commission" have executed this Agreement of the day, month and year mentioned herein above. (Signature) (Signature) Staff Consultant. Secretary on behalf of "Commission" . In the presence of witness-- In the presence of witness-- (Signature of witness) (Signature of witness) Name Name Address of the witness Address of the witness (Signature of witness) (Signature of witness) Name Name Address of the witness Address of the witness Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-I 10064 and Published by the Controller of Publications, Delhi-110054, Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27