EXTRAORDINARY
PART III-Section 4

PUBLISHED BY AUTHORITY

Service Regulations for Staff of the Commission

F.No.2/2(1)/99-CERC:- In exercise of powers conferred by Section 8 (3) of the Electricity Regulatory Commissions Act, 1998, the Central Electricity Regulatory Commission, with the approval of the Central Government, do hereby makes the following regulations, namely:-

1. Short Title and Commencement -

1. These regulations may be called the Central Electricity Regulatory Commission (Recruitment, Control and Service Conditions of Staff) Regulations, 2002.
   
2. These regulations shall come into force from the date of publication of notification in the official gazette.

2. Application - These regulations shall apply to whole time officers and other employees of Central Electricity Regulatory Commission mentioned in regulation 5 of these regulations.

3. Definitions

In these regulations, unless the context otherwise requires, -

           (a)"Act" means the Electricity Regulatory Commissions Act, 1998;

           (b)"Appointing Authority", means -

1. Chairperson, in respect of all posts equivalent to Group A posts under the Central Government
2. Secretary in respect of all posts equivalent to Group B and C posts under the Central Government and
3. Assistant Secretary in respect of all posts equivalent to Group D posts under the Central Government

            (c) "Chairperson" means the Chairperson of the Commission;

            (d) "Commission" means the Central Electricity Regulatory Commission

           (e) "Disciplinary Authority" means - 

(i) Chairperson, in respect of all posts equivalent to Group A posts under the Central Government

(ii) Secretary in respect of all posts equivalent to Group B and C posts under the Central Government

(iii) Assistant Secretary in respect of all posts equivalent to Group D posts under the Central Government.

(f) "Function" means and includes all work related to activities of         the Commission;

                (g) "Member" means a Member of the Commission;

                (h) "Staff " includes both officers and employees of all categories                          appointed whether on deputation or permanent absorption or on short-term                          contract basis.

                 (j) "Short-term Contract" means the method of recruitment of officers belonging                         to non-government organisations e.g. Universities, recognised research                         institutions, public sector undertakings etc. on deputation to the Commission                         for a limited period.

Words and expressions used in these regulations but not defined, shall have the same meaning as respectively assigned to them under the Act.

CHAPTER II

CLASSIFICATION OF POSTS/SANCTIONED STRENGTH

4. Classification of Posts - The posts in the Commission shall be classified as follows:-

Sl.No	Description	Classification of Posts
1.	A post carrying a pay or a scale of pay with a maximum of not less than Rs.13,500.	Equivalent to Group "A"
2.	A post carrying a pay or a scale of pay with a maximum of not less than Rs.9,000 but less than Rs.13,500.	Equivalent to Group "B"
3.	A post carrying a pay or a scale of pay with a maximum of over Rs.4,000 but less than Rs.9,000	Equivalent to Group "C"
4.	A post carrying a pay or a scale of pay the maximum of which is Rs.4,000 or less.	Equivalent to Group "D"

5. Sanctioned Strength -

The sanctioned posts in the Commission shall be categorised in different pay scales as given in the table below, indicating the corresponding levels in the Central Government against each category.:-

6. Mode of appointment -

Appointments against the sanctioned posts in the Commission may be made either through direct recruitment or on short-term contract basis or on deputation or on promotion basis as under:

The appointment on short-term contract basis shall be made initially for a period of 3 years, which will be extendable/renewable for successive terms of one year each for a maximum of 2 years at the discretion of the Commission.

The appointment on deputation basis shall be made initially for a period of 3 years which will be extendable/renewable for successive terms of one year each for a maximum of 2 years, at the discretion of the Commission under the general guidelines issued by Department of Personnel and Training.

The Officers and staff appointed on a regular basis in the Commission immediately before the commencement of these regulations shall be deemed to have been appointed under these regulations.

Provided that the staff appointed on deputation and willing to get permanently absorbed in the Commission, may on completion of two years of deputation exercise their option for permanent absorption in the Commission and the appointing authority may in its discretion, take such decision, as it considers appropriate.

7. Allocation of posts -

        The inter-se allocation of the sanctioned posts among different functional areas shall be as decided by the Commission from time to time.

8. Power to keep posts vacant -

       Nothing in regulation 5 shall be construed as requiring the Commission to have at all times, staff serving in all the categories or posts.

9. Appointing Authority -

All appointments of Officers and employees shall be made by the appointing authority as specified in clause (b) of regulation 3 of these regulations.

10.    Eligibility criterion for deputation -

The eligibility criterion for deputation shall be as given in Appendix- I.

11.    Eligibility criterion for direct recruitment -

The eligibility criterion for appointment by direct recruitment shall be as given in Appendix - II.

The persons appointed through direct recruitment shall be on probation for a period of two years and shall be governed by guidelines issued by DOPT in this regard.

12.     Eligibility criterion for Short-term contract appointment -

The eligibility criterion for short-term contract appointment shall be as given in Appendix-I.

13.     Eligibility criterion for appointment on promotion basis -

The eligibility criterion for appointment on promotion basis shall be as given in Appendix-III.

The persons appointed on promotion basis shall be on probation for a period of two years and shall be governed by guidelines issued by DOPT in this regard.

14.   Announcement of vacancies -

The Commission may announce in such manner, as it deems fit the number of vacancies to be filled by deputation/short-term contract basis or through direct recruitment and invite applications for appointment in the Commission. In the case of deputation the vacancies shall be circulated to all the departments, attached offices and subordinate offices of the Central Government and on short-term contract basis also from non-government organisations e.g. Universities, recognised research institutions, public sector undertakings etc. on deputation to the Commission for a limited period. The Commission may also publicise such vacancies through the issue of such advertisements, as it deems fit. In the case of appointment by direct recruitment wide publicity shall be given to the vacancies through the print media.

15.   Prescription of forms and conditions for application -

The Commission may prescribe, as it deems fit, the form in which application shall be submitted, the documents and certificates to be submitted with the application, the mode of submission, the last date for receipt of applications and the designated officer for submission of applications.

16. Processing of Application -

The Selection Committee shall consider the applications received in the Commission and may shortlist candidates, based on the requirements of the job and the curriculum vitae of the candidates, for further processing.

17. Mode of selection -

The Selection Committee may prescribe the mode of selection including written test or interview or any other method, for assessing the suitability of the shortlisted candidates.

18 Constitution of Selection Committee -

There shall be a Selection Committee for shortlisting the candidates and making recommendations for appointment.

1. For selection to all posts equivalent to Group A posts under the Central Govt. mentioned in regulation 5, the Selection Committee shall consist of the following :-

Chairman: Chairperson of the Commission.

Members: Two Members of the Commission.

Convenor: Secretary of the Commission.

Note: Chairman of the Selection Committee may also co-opt one subject- specialist/head of the Division of the Commission as a member of the Selection Committee.

 

2. For selection to all posts equivalent to Group B and C posts under

the Central Govt. mentioned in regulation 5, the Selection Committee shall consist of the following:-

Chairman: Secretary of the Commission.

Member: Two Chiefs/Joint Chiefs nominated by the Secretary of the Commission.

Convenor: Assistant Secretary (P&A) of the Commission.

3. For selection to all posts equivalent to Group D posts under the

Central Government mentioned in regulation 5, the Selection Committee shall consist of the following: -

Chairman: Assistant Secretary (P&A) of the Commission.

                        Member: Bench Officer of the Commission.

                Convenor: DDO of the Commission.

19. Select list of candidates -

On the recommendation of the Selection Committee the appointing authority shall prepare a select list of candidates arranged in order of merit which shall remain valid for a period of one year or for such extended period as the appointing authority may specify.

20. Selection of candidates -

1. Offers of appointment to candidates on the select list shall be issued in the order of merit shown in the select list specifying a time limit within which the candidate must join service, which may be extended at the discretion of the Appointing Authority.
2. The letter of offer of appointment shall specify the conditions to be fulfilled by the candidate, prior to appointment.
3. The appointing authority may withdraw its offer of appointment if the selected candidate fails to fulfill any of the conditions prescribed prior to appointment or if the candidate fails to join service within the specified time.
4. All appointments by direct recruitment shall be subject to verification of character and antecedents.
5. Where an offer of appointment is withdrawn, in the manner prescribed in clause(c) above, an offer of appointment shall be issued to the candidate next below in the order of merit in the select list.

CHAPTER IV

21. PAY, ALLOWANCES AND CONDITIONS OF SERVICE

21.1. Pay fixation in respect of Deputationists and Short-term contract.

The scale of pay applicable and the corresponding levels of the Central Government service against each post are set out in regulation 5 of these regulations.

1. In the case of appointments on deputation/absorption and short-term contract, the pay shall be fixed as per the standard terms and conditions as prescribed by the Central Government from time to time.
2. Dearness Allowance, HRA,Transport Allowance, CCA, CEA, LTC, Leave, TA/DA, Residential Telephone and reimbursement of Newspapers bills - shall be as prescribed by the Central Government from time to time.
3. Pension/Provident Fund - The provisions of Pension/General Provident Fund as applicable to Central Government servants of corresponding level shall apply to the staff of the Commission absorbed permanently.
4. Medical facilities shall be admissible in accordance with the Central Electricity Regulatory Commission (Medical facilities) Regulations 2000.
5. Any other allowances available in Central Government shall accordingly be admissible as per Central Government rules.

2. Pay fixation (direct recruitment) -

The determination of pay and other allowances for the persons appointed through direct recruitment will be as per the Central Government rules. The provisions of Pension/General Provident Fund as applicable to Central Government servants of corresponding level shall apply to the staff appointed on direct recruitment basis.

3. Pay fixation (Promotions)

The determination of pay and other allowances for the persons appointed through promotion will be as per the Central Government rules. The provisions of Pension/General Provident Fund as applicable to Central Government servants of corresponding level shall apply to the staff appointed on promotion.

22. Staff on deputation/absorption -

1. The counting of past service of all staff members on deputation or absorption basis from Central Government/Public Sector Undertakings/Autonomous bodies, as the case may be, shall be governed as per instructions issued by DOP&T from time to time.
2. Such allowances as are not admissible to the regular employees of corresponding status in the Commission, shall not be admissible to the officer on deputation/foreign service, even if they were admissible in the parent organisation.
3. Staff joining on deputation shall be eligible for contribution to the respective Provident Fund to which they are subscribing in their parent organisation. Where a deputationist has been a member of a Contributory Provident Fund the Commission shall bear the cost of the employers contribution as applicable in each case.
4. When the Commission determines that the services of the deputationist are no longer required, he will be repatriated to his parent department even before completion of his sanctioned period of deputation as and when a situation arises for premature reversion to the parent cadre of the deputationist, his services could be so returned after giving advance intimation of reasonable period to the lending Ministry/Department and the employee concerned.

22. Placement of staff -

1. The posting of staff, at any time, shall be as decided by the appointing authority in any post, not lower in the scale of pay than the post for which the staff member was recruited.
2. A staff member may hold more than one post for which no extra remuneration shall be paid except as otherwise provided by the Central Government.

CHAPTER V

ANNUAL ASSESSMENTS, DISCIPLINARY PROCEEDINGS AND PENALTIES

22. Confidential reports -

In the matter of the annual confidential reports of staff, the instructions issued by the Central Government from time to time in regard to Central Government employees will be suitably adapted by the Commission.

23. Disciplinary proceedings and imposition of penalties -

In the matter of conduct, discipline and imposition of penalties, the Central Civil Services (Conduct) Rules, 1964 and the Central Civil Services (Control, Classification and Appeal) Rules, 1965 and the instructions issued by the Central Government from time to time will be suitably adapted by the Commission. The disciplinary authority in each case will be as specified in paragraph 3(e) of these regulations.

CHAPTER VI

MISCELLANEOUS

26.   Training -

1. Staff may be required to undergo such training as may be prescribed by the Commission.
2. A staff member charged with misconduct during the period of training may be withdrawn from training and should be liable for appropriate disciplinary proceedings, as the appointing authority deems fit. Penalty in such cases may include recovery of the amount spent on the training by the Commission.

27. Other conditions of services -

Other conditions of service of the Staff and Officers with respect to which no express provision has been made in these rules, shall be such as are admissible to staff/officers of the Central Government drawing an equivalent pay.

28.   Power of Relaxation -

The Commission may in the public interest and after recording reasons in writing and obtaining approval of the Central Government, relax any of the provisions of these regulations.

29. Interpretation -

If any question arises relating to the interpretation of these regulations, it will be referred to the Central Government for examination and decision of the Central Government will be final.

        ( K. VENUGOPAL)
SECRETARY

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