New Delhi, the 27th, October, 1999

G.S.R. 734(E) - In exercise of powers conferred by section 54 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998), the Central Government hereby makes the following rules, namely :

1. Short title and commencement - (1) These rules may be called the Central Electricity Regulatory Commission (Salary, Allowances and other Conditions of Service of Chairperson and Members) Rules, 1999.

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

2. Definitions - In these rules, unless the context otherwise requires, -

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

(b) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3. Oath of office and secrecy - The Chairperson and Members shall, before entering upon his office, subscribe to an oath of office and secrecy before the Minister in charge of the Ministry of Power. The oath of office and secrecy shall be administered in the following form :

Provided that if the Chairperson has been a Judge of the Supreme Court or Chief Justice of a High Court, he shall receive pay as admissible to a Judge of the Supreme Court or the Chief Justice of a High Court :

Provided further that in case a person appointed as the Chairperson or a Member is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension drawn by him:

Provided also that the Chairperson or a Member shall be entitled to draw allowances on the original basic pay before such fixation of pay.

5. Dearness allowance and city compensatory, allowance - The Chairperson and a Member shall receive dearness allowance and city compensatory allowance, and other allowances at the rate admissible to a Group 'A' Officer of the Central Government drawing an equivalent pay:

Provided that in case the Chairperson is or has been a Judge of the Supreme Court or Chief Justice of a High Court, he shall receive dearness allowance at the rate admissible to a Judge of the Supreme Court or the Chief Justice of a High Court, as the case may be.

6. Leave - The Chairperson or a Member shall be entitled to thirty days earned leave for every year of service. The payment of leave, salary, during leave shall be governed under the provisions of rule 40 of Central Civil Services (Leave) Rules, 1972. A person may be entitled to encashment of fifty per cent of earned leave to his credit at any time.

7. Leave sanctioning authority- In the case of the Chairperson, the Minister of Power in charge of the Ministry, and in the case of a Member, the Chairperson, shall be the leave sanctioning authority.

8. Provident fund - The Chairperson and a Member shall be governed by the provisions of the Contributory Provident Fund Rules 1962 and no option to subscribe under the provisions of the General Provident Fund Rules (Central Services), 1960 shall be available. Additional pension and gratuity shall not be admissible for service rendered in the Commission.

9. Travelling allowances -
(1) The Chairperson and a Member while on tour within India or on transfer (including the journey undertaken by self and family to join the Commission or on the expiry of term with the Commission to proceed to his home town with family) shall be entitled to the journey allowance, daily allowance and transportation of personal effects at the same scales and at the same rates as are applicable to a Group 'A' Officer of the Central Government drawing an equivalent pay.

(2) Foreign tours to be undertaken by the Chairperson or a Member shall require prior approval of the Minister-in-charge of the Ministry of Power and of the Screening Committee of the Secretaries and clearance from the Ministry of External Affairs from political angle and from the Ministry of Home Affairs for acceptance of foreign hospitality, if any, under the provisions of the Foreign Contribution (Regulation) Act, 1976 :

Provided that the daily allowance and provision for hotel accommodation during the period of tour abroad, shall be in accordance with such orders of the Central Government as are applicable to a Group "A" officer of the Central Government, drawing an equivalent pay and as per the economy instructions or other instructions issued by the Ministry of Finance from time to time.

10. Leave travel concession- The Chairperson and a Member shall be entitled to leave travel concession at the same scale and at the same rate as applicable to Group 'A' Officers of the Central Government drawing an equivalent pay:

(1) The Chairperson and a Member shall have the option of claiming house rent allowance for residence located in Delhi or in one of the satellite towns surrounding the National Capital Territory of Delhi at the rate of thirty per cent of the basic pay drawn but no house will be allotted by the Central Government.

(2) In the case of a leased accommodation, the entitlement shall be determined by the Central Government keeping in view the entitlements of the Chairman & Managing Director of a

Schedule "A" public sector enterprise in terms of plinth area and rental ceiling specified by the Department of Public Enterprises from time to time and also taking into consideration the market rents and plinth area specified by the Ministry of Urban Development for type VI accommodation:

Provided that for such leased accommodation which is according to and within the entitlement of the Chairperson or the Member, the standard license fee shall be the same as in the case of a Group "A" officer of the Central Government drawing an equivalent pay:

Provided further that for leased accommodation which is higher than the entitlement, recovery at the rate of ten per cent of the basic pay i.e., without deducting pension shall be made from the salary of the Chairperson or Member, as the case may be.

12. Transport - The Chairperson and a Member shall be allowed the option to make use of an official vehicle or reimbursement of such amount as may be fixed by the Central Government from time to time in respect of a Group "A" officer of the Central Government drawing an equivalent pay for the use and maintenance of his personal car.

13. Medical treatment - The Chairperson and a Member shall be entitled to medical reimbursement and facility as may be applicable to a Group "A" officer of the Central Government drawing an equivalent pay.

14. Telephone facility, official meetings and entertainment expenses - The Chairperson and a Member shall be eligible for telephone facilities, official meetings and entertainment expenses as admissible to a Group "A" officer of the Central Government drawing an equivalent pay.

15. Other conditions of services - Other conditions of service of the Chairperson and a Member, with respect to which no express provision has been made in these rules, shall be such as are admissible to a Group "A" officer of the Central Government drawing an equivalent pay.

16. Relaxation of provision of rules in certain cases - When the Central Government is satisfied that operation of any of these rules causes undue hardship in any particular case, it may in the public interest and for reasons to be recorded in writing, relax the requirements of that rule.