Rajasthan Electricity Regulatory Commission

 (Appointment of Consultants) Regulations, 2000

NOTIFICATION

No: RERC/Secy/Regu.5                                                          Dated:17^th May, 2000

In exercise of power conferred on it by Sections 21(4) & 58 of the Electricity Regulatory Commissions Act, 1998 (Act 14 of 1998) the Rajasthan Electricity Regulatory Commission hereby makes the following Regulations, namely

1. Short title and commencement

(i)        These Regulations may be called the Rajasthan Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2000.

(ii)        These shall come into force on the date of their publication in the Official Gazette.

2. Definitions

(1)        In these Regulations unless the context otherwise requires  a "Consultant" means any individual, firm, body or association or persons, not in the employment of the Commission, who or which possess or has access to any specialised knowledge, experience or skill.

(2)        Words or expressions occurring in these Regulations and not defined herein but defined in the Electricity Regulatory Commission Act, 1998  or Rajasthan Electricity Regulatory Commission (Conduct of Business) Regulations, 2000 shall bear the same meaning as in the Electricity Regulatory Commission Act, 1998   or Rajasthan Electricity Regulatory Commission (Conduct of Business) Regulations, 2000.

3. Scope of Work

  (a)            Consultants will normally not be appointed for routine day to day work .

(b)            Consultants would be engaged for executing specialised tasks for which skills are not available within the staff of the Commission or where the nature of job is specific or time-bound.

  (c)      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.

(d)      The terms of engagement would specify the exact nature of the tasks to be 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 task. The  Commission may  however appoint Consultants on retainership basis also.

4. Period of engagement

            Consultants will be engaged for the minimum period necessary & in no case will the maximum period of engagement exceed two years.

5. Fees & Other Charges

 (1)     The fee payable for each assignment to a Consultant shall be as determined by the Commission.

6. Appointment of Consultants

  (i)      Terms of Reference (‘TOR’) for appointment of Consultants, for specific tasks, will be prepared by an officer of the Commission and submitted to the Secretary for seeking the approval of the Commission.

  (ii)     Save as otherwise provided in these regulations, after approval of the TOR 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 however not be necessary to go through the process of issue of public advertisement in case the estimated value of the fee payable is less than Rs. 2 lakh.

(iii)            Procedure for selection & appointment of individual or a firm of consultants through issue of public advertisements or otherwise shall be as determined by the Commission.

(iv)    Single source selection shall be used only in exceptional cases where it is appropriate and represents a clear advantage because :

                        (a)            the tasks represent  a natural continuation of previous work carried out by the Consultant, or

                        (b)            a rapid selection is essential, or

                        (c)            assignments are small and the fee payable does not exceed Rs. 2  lakhs in each case or Rs. 2 lacs in a year for a retainer, or

                        (d)            only one person is qualified or has experience for the assignment.

  7. Conflict of interest

          Consultants shall not be hired for any assignment that would be in conflict with their 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.

8. Power to remove difficulties

            If any difficulty arises in giving effect to any of the provisions of these Regulations the Commission may, by general or special order, do anything not being inconsistent with the provisions of the Electricity Regulatory Commission Act, 1998 which appears to it to be necessary or expedient for the purpose of removing the difficulties.

Annexure-I

Fee & DA (vide Regulation 6)