1 [The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005]

f54ed74b1a67fd0f3ec3568361a872e5e5e6b622 · 2003 · State unknown

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Parent: THE ELECTRICITY ACT, 2003 (bea677da57499fcb64c52f6584daa7b9a09b875c)

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1 [The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005] Amended, repealed or otherwise affected by- 1 . (First Amendment) Regulations, 2013 notified vide Not. No. HERC/Secy/704/ 2005 dated 22 nd November, 2013 published in R H.P. dated 27 th November, 2013 at p. 4908. NOTIFICATION Dated: Shimla, the 27 th July, 2005 No: HPERC/Secy./704/2005.In exercise of the powers conferred by Section 181, read with sub -section (4) of section 91 of the Electricity Act, 2003 (Act No.36 of 2003) and all other powers enabling it in this behalf, the Himachal Pradesh Electricity Regulatory Commission hereby makes the following the Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005, namely:- Short title, commencement and application . -(1) These regulations shall be called the Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005. These regulations shall come into force on the date of their publication in the Rajpatra, Himachal Pradesh. Definitions. -In these regulations, unless the context otherwise requires; (a) "Act" means the Electricity Act, 2003 (36 of 2003); (b) "Chairman" means the Chairperson of the Commission; (c) "Commission" means the Himachal Pradesh Electricity Regulatory Commission; (d) "Consultant" includes any individual, firm, body or association of persons, not in the employment of the Commission, who or which possesses or has access to any specialised knowledge, experience or skill and who may be appointed as such to assist the Commission on any matter required to be dealt with by the Commission under the Act; (e) " Officer" means an officer of the Commission. (f) "Secretary" means the Secretary of the Commission and includes any o

Rule TOC

1 · [The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005]

1 · . (First Amendment) Regulations, 2013 notified vide Not. No. HERC/Secy/704/ 2005 dated 22 nd November, 2013 published in R H.P. dated 27 th November, 2013 at p. 4908.

1 · Published in R.H.P.(Extra) dated 28 th July, 2005 at p. 2095-2105. For Hindi text see R H.P. (Extra) dated 28 th July, 2005 at p. 2083-2094.

5 · Fees and other charges.(1) When individuals are appointed as Consultant for a specific purpose, where the experience, expertise, qualifications and credentials are the paramount requirements and the persons of requisite qualification and experience are rarely available, a consolidated monthly payment on man-day basis or man-month basis shall be decided by the Commission depending on the merits of the individual on a case-to-case basis.

7 · Request for proposals . -The request for proposal shall include the following:-

1 · Subs. for "Rs. 5 Lakh" vide Not. No. HPERC/Secy/704/2005 dated 22 nd November, 2013 published in R. H.P. dated 27 th November, 2013 at p. 4908.

9 · 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.

10 · Technical Evaluation. -(1) 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 criteria shall be weighted to become 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:-

11 · Financial Evaluation . -(1)The financial proposals of the pre-qualified Consultants will be opened publicly. The proposed prices shall be read aloud and recorded in a minute of the public opening.

12 · Evaluation of financial and technical scores. -(1) The total scorer 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.

13 · Single source selection . -Single source selection shall be used only in exceptional cases where it is appropriate and represents a clear advantage because-

14 · Selection of individual Consultants. -(1) Individual Consultant or the Retainer Consultant will be employed for assignments for which teams of personnel are not required, no additional outside (home office) professional support is required and where the experience, expertise and qualifications and credentials of the individual are the paramount requirement.

15 · Other terms and conditions. -(1) 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.

16 · 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 these regulations.

17 · 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 Act which appears to it to be necessary or expedient for the purpose of removing the difficulties.

18 · Repeal and savings.- (1)The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2001 are hereby repealed.