Compendium of HPERC Regulations, March 2021

regulations · 2003 · State unknown

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Parent: THE ELECTRICITY ACT, 2003 (bea677da57499fcb64c52f6584daa7b9a09b875c)

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Compendium of HPERC Regulations, March 2021 '[The Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005] Amended, repealed or otherwise affected by- 1.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"d November, 2013 published in R HP: dated 27th November, 2013 at p: 4908. NOTIFICATION Dated: Shimla; the 27th July; 2005 No: HPERCISecy./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:- 1. Short title; commencement and application. (1) These regulations shall be called the Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005. (2 These regulations shall come into force on the date of their publication in the Rajpatra, Himachal Pradesh: 2 Definitions - In these regulations, unless the context otherwise requires; cAct" means the Electricity Act; 2003 (36 of 2003); (Chairman means the Chairperson of the Commission; SCommission = means the Himachal Pradesh Electricity Regulatory Commission; sConsultant" 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 O skill and who may be appointed as such to assist the Commission 0n any matter required to be dealt with by the Commission under the Act; "Officer" means an officer of the Commission. sSecretary", means the Secretary of the Commissio

Rule TOC

1 · Short title; commencement and application. (1) These regulations shall be called the Himachal Pradesh Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2005.

3 · Scope of work: - (1) The Commission may, in its sole discretion, appoint Consultants, required to assist it in discharge of its functions, for any matter, using such procedures as it may deem appropriate, having regard to the nature and complexity of the matter.

15 · years with Ph.D O 18 years with Master Degree.

15 · years with Master Degree Or 18 years with Bachelor Degree.

8 · years with Ph.D or 12 years with Master Degree.

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 o man-day basis O man-month basis shall be decided by the Commission depending on the merits of the individual on a case-to-case basis.

1 · Subs: for Rs: 5 Lakh vide Not. No_ HPERC/Secy/704/2005 dated 22nd November, 2013 published in R H.P. dated 27h_ November, 2013 at p. 4908.

0 · 20 to 0.50

0 · 30 to 0.60

0 · 00 to 0.05

3 · After the technical evaluation is completed the Commission shall inform those Consultants whose proposals did not meet the minimum qualifying mark 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.

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: 2 The Secretary will cause a review of the financial proposals to be done. Arithmetical errors will be corrected. The cost will be converted to a single currency using uniform selling (exchange) rates

13 · 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 previous work carried out by the Consultant; Or

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 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. (2 Notwithstanding such repeal- anything done Or any action taken Or proposed to have been done or taken including any appointment made, Or any document O instrument executed or any direction given under the repealed regulations, shall, in so far as it is not inconsistent with the provisions of these regulations, be deemed to have been done, taken, made O given under the corresponding provisions of these regulations; All appointments made and documents executed before the commencement of these regulations, shall continue to have effect till the expiry of the period for which such appointment has been made O the documents has been executed:

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