ARUNACHAL PRADESH STATE ELECTRICITY REGULATORY COMMISSION

ITANAGAR

————

NOTIFICATION

APPOINTMENT OF CONSULTANTS REGULATIONS-2024

The 2nd February, 2024

No. APSERC/Notification/33/2024. —In exercise of the powers conferred under Section 91(4) read with

Section 181 of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, and after

previous publication, the Arunachal Pradesh State Electricity Regulatory Commission, hereby makes the

following regulations, to amend the Arunachal Pradesh State Electricity Regulatory Commission (Appointment

of Consultants) Regulations,2018 namely: -

Short title and commencement:

(1)

These regulations may be called the Arunachal Pradesh State Electricity Regulatory Commission

(Appointment of Consultants) Regulation, 2024.

(2)

These regulations shall come into force from the date of their publication in the Official Gazette of

Arunachal Pradesh.

(3)

After the publication of these Regulations in the Official Gazette of Arunachal Pradesh, the erst

while Arunachal Pradesh State Electricity Regulatory Commission (Appointment of Consultants)

Regulation, 2018 shall stand repealed.

Definitions:

(1)

In these regulations unless the context otherwise requires:

(a)

"Act” means the Electricity Act, 2003 (36 of 2003);

(b)

"Commission" means the Arunachal Pradesh State Electricity Regulatory Commission;

(c)

"Consultant" includes any individual - not in the employment of the Commission, firm, body or

association of persons, who or which possesses or has access to any specialized knowledge,

experience or skill;

(d)

“Secretary” means the Secretary of the Commission.

(e)

“CEC” means Consultancy Evaluation Committee.

(2)

Words or expressions occurring in these regulations and not defined herein but defined in the Act or

in the Arunachal Pradesh State Electricity Regulatory Commission (Conduct of Business) Regulations,

2011 shall bear the same meaning as in the Act or in the said Conduct of Business Regulations.

Scope of Work:

The Commission may from time to time appoint consultants for executing the professional and specialized

tasks for which skills are either not available within the staff of the Commission or where the nature of job

is specified and time-bound or where the Commission considers appointment of consultant to be conducive

or more efficacious and efficient method of carrying out and completing the task in terms of equality,

cost, time or on any other consideration.

(1)

The eligibility requirements and other terms and conditions of engagement of consultants will be

drawn up in each case. The terms and conditions of engagement shall be agreed to between the

consultant and the Commission prior to award of consultancy.

(2)

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 eachwork.

The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 48, Vol. XXXI, Naharlagun, Monday, February 12, 2024, Magha 23, 1945 (Saka)

The Arunachal Pradesh Extraordinary Gazette, February, 12 2024

Period of Appointment:

The consultant shall be appointed for the minimum period and shall be as specifiedin the Regulations to

follow here in after for each type of Consultant.

Categorisation of Consultants:

1. The Consultants shall be categorized as:

(a)

Institutional/Corporate consultants:

Institutional consultant may be appointed where the Commission, on being satisfied that there

is a need for availing consultancy services which, in it sopinion, may be more appropriately

provided by a firm, or a company or an association or body of persons.

(b)

Individual consultants:

Individual consultant may be appointed for assignments for which teams of personnel are

not required, where the experience and qualifications of the individual are of paramount

consideration and the Commission is of the opinion that the consultancy services can be

more efficiently performed by an individual, having regard to the qualifications and experience

considered relevant for the assignment.

Category

Minimum Experience in the Area of Appointment/Requirement

Expert Consultant

10 years

Consultant

7 years

(c)

Staff Consultants:

Staff Consultants may be appointed for assisting the Commission in discharging its day today

routine and specific professional and technical functions, if the Commission is satisfied that

there has been increase in the quantum of work of the Commission for the existing staff to

handle it or the regular posts could not be filled due to various constraints.

(d)

Professional Adviser:

The Commission on being satisfied on the need for professional expertise of specialized nature

may decide to engage a professional expert for advice only on the specific issue of urgent and

specialized nature.

For Individual Consultants and Staff Consultants the Commission shall prescribe minimum educational

qualifications on case to case basis depending on the nature of work and the relevant professional

qualification and experience related to subject area of the consultancy.

The Commission may in appropriate cases, for reasons to be recorded in writing, relax/modify the

education and professional qualifications keeping in view the overall expertise, knowledge base and

experience of the person being considered for Individual and Staff Consultants.

The Commission may in exceptional cases, for reasons to be recorded in writing, relax the educational

qualifications and/or experience of the person in case no suitable candidate as per the prescribed

qualification and experience applies for the job being considered for engagement as staff Consultant

even after advertising the job two times. In such a case the fee to be paid to the consultant shall be

reduced suitably. However, this relaxation shall be availed as the last resort.

The Headquarters of the Individual Consultants, Staff Consultants normally shall be at the Headquarters

of the Commission.

Fees and Other Charges:

(a)

Individual Consultants & Staff Consultants:

(i)

Except where the Commission directs otherwise, the Individual and Staff Consultant shall be

appointed generally on a consolidated fee at the rates specified in the Schedule-I which is

inclusive of the taxes to be individually paid by them to the concerned Government agencies

as per prevailing laws. Income tax as per prevailing laws shall however be deducted at source

by the Commission.

Provided that the Commission may from time to time by an order in writing, direct revision of

the rates of fee specified in the Schedule-I as and when requiredand felt necessary/suitable

due to emerging situations. An annual escalation of 5 % in the consolidated fee offered in the

appointment may be given to them purely based on performance, work load and output of the

concerned incumbent and shall be decided on case to case basis by the Commission subject

to other terms and conditions mentioned in their respective appointment letters. In case of

absence without approved/sanction of leave or after expiry of admissible leaves, amount on

pro-rata basis shall be deducted from the monthly remuneration.

(ii)

No payments in addition to the consolidated fee in accordance with sub-regulation (i) shall be

made. Provided that the Commission may allow, an additional amount not exceeding 10% of

the annual fee payable to the consultant to cover expenditure of contingent nature in a year.

(iii)

In the interest of the works of Commission if the consultant has to incur expenditure on tour at

a place away from the headquarters of the Commission, the Commission shall reimburse the

cost of such travel by an appropriate class and authorize payment of Daily Allowance which is

given under Schedule- IV.

The Arunachal Pradesh Extraordinary Gazette, February, 12 2024

(iv)

The fee and other charges payable to individual consultants under these regulations shall also

be payable to former and retired Government servants, Advisers, PSU Officials if appointed as

individual consultants.

(v)

The Individual and Staff Consultants shall be entitled to twelve days' casual leave (CL) and two

days Restricted Holiday (RH) out of the RH list brought out by the State Government apart from

gazetted holidays declared by the State Government. In addition to these five days leave on

the pattern of Earned Leave shall also be provided which can neither be combined with CL &

RH nor carried forward to next calendar year but can be encashed at the end of the year itself

if unutilised.

(b)

Institutional/Corporate Consultants:

In the case of an institutional/corporate consultant the Fee shall be fixed based on their financial bid

which shall be subject to negotiations.

(c)

Professional Adviser:

They may be engaged as consultant on payment of such fee as may be considered appropriate

after mutual discussion/negotiation between both the parties based on the nature of assignment,

time period and the professional expertise sought and offered and shall be inclusive of the taxes to

be individually paid by them to the concerned Government agencies as per prevailing laws. Income

tax as per prevailing laws shall however be deducted at source by the Commission.

Appointment of Institutional/Corporate Consultant:

The Commission, on being satisfied that there is a need for availing consultancy services which, in

its opinion, may be more appropriately provided by a firm, or a company or an association or body

of persons, the Chairperson shall constitute the CEC comprising the Secretary as its Chairperson,

Internal Financial Advisor and an officer or consultant in the Commission having knowledge in the

area of work for which the consultancy services are to be obtained and, if considered necessary, an

external expert, as may be nominated by the Chairperson as the members.

The CEC shall prepare the terms of reference indicating the scope of the work, various deliverables,

milestones and the schedule of payments linked to achievement of each milestone and obtain

approval of the TOR from the Chairperson.

The CEC, shall also decide the weightage to be allocated to each of the parameters/criteria given

under SCHEDULE-II for the purpose of technical evaluation of bids, and obtain the approval of the

Chairperson for the weightage proposed.

After finalizing the weightages under clause (3), the Secretariat of the Commission shall invite single

stage bids, containing technical and financial proposals in separate sealed envelopes, through

publication of notice in at least one national newspaper and also on the Commission's website

giving, as far as possible, a notice of not less than three weeks.

Provided that in matters of urgency, the period of notice may be reduced to less than three weeks

but shall not be less than two weeks, as may be decided with the approval of the Chairperson.

The CEC shall evaluate the bids through 'Combined-Quality-Cum-Cost-Based System' based on the

pre-determined weightages allocated to each of the parameters.

Provided that the CEC shall not proceed with evaluation of bids, unless at least two valid bids have

been received.

Provided further that the condition of two valid bids may be relaxed with the prior approval of the

Chairperson in case the adequate number of bids are not received.

For being eligible to open its Price Bid, the bidder must meet the minimum qualifying marks in the

Technical evaluation fixed by the Commission for the case.

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. The Commission shall have the right of distribution of marks on the basis of

nature and requirement of the assignment. 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 bidders to be present at the opening should they so desire.

The financial proposals of the pre-qualified Consultants will be opened by the committee in the

presence of bidders or their representatives whose bids are shortlisted for financial evaluation. The

proposed prices shall be read aloud and recorded in minutes of the proceedings.

The Secretary will cause a review of the financial proposals to be done. The cost will be converted

to a single currency using uniform selling (exchange) rates. The proposals with lowest cost will be

given a financial score of 100 and other proposals given financial scores that are inversely proportional

to their prices.

The Arunachal Pradesh Extraordinary Gazette, February, 12 2024

10. Evaluation of financial and technical scores: The total score shall be obtained by the weighting the

technical and financial scores and adding them and the bidder with highest total score shall be

called by the Commission for further negotiations, if required. On successful negotiations, and after

approval of the Chairperson the successful bidder shall be invited by the Commission to enter into

a contract within the prescribed time limit. 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.

11.

The Commission may reject any or all proposals if they are found to be unresponsive or unsuitable

either because they represent major deficiencies in complying with the terms of reference or they

involve cost substantively higher than the original estimate.

12. Notwithstanding anything contained in this regulation, in matters of urgent nature and involving

financial commitment not likely to exceed Rupees Fifteen Lakh for the whole assignment, the

Commission may avail consultancy services of a corporate consultant on the basis of single sourcing.

Single source selection may also be resorted to by the Commission in appropriate cases where it

represents a clear advantage because the tasks represent a natural or logical continuation of the

previous work carried out by the Consultant or where only one firm is qualified or has experience for

the assignment.

13. The Consultant selected for appointment shall be required to execute an agreement in the format

given at the end of these regulations, with such variations and modifications considered appropriate

in individual cases.

Appointment of Individual Consultants:

(i)

The Commission, on being satisfied that there is a need for availing consultancy services which in

its opinion can be more efficiently performed by an individual, having qualification and experience

and expertise considered essential for an assignment may decide to engage an individual consultant.

(ii)

The Commission shall call for applications through publication of notice in at least one national

newspaper and on the Commission's website giving, as far as possible, a period of at least three to

four weeks for submission of applications which cannot be reduced less than two weeks under any

circumstances. The Commission shall also indicate the likely fee and the approximate period of

engagement. The exact fee and the period shall however be finalised after the completion of the

selection process and as agreed upon with the selected candidate. Before publishing the notice,

the Secretary of the Commission shall identify the qualification and experience requirements keeping

in view the relevant requirements of the assignment and take approval of the Chairperson.

(iii) Individual consultants may be selected on the basis of their qualifications, experience and expertise

for the assignment and the performance in the personal interview to be conducted for the purpose.

(iv)

For conducting the personal interview of the applicants, a committee, headed by the Chairperson

himself, shall be constituted by the Chairperson which shall comprise of the Secretary of the

Commission as Member Secretary and any other Member(s) as deemed fit shall be nominated by

the Chairperson.

(v)

They may also be selected on the basis of references or from amongst those who approach the

Commission or are approached directly by the Commission. Their suitability shall be judged only on

the basis of academic background, experience and expertise for the assignment and performance

in the personal interview. Knowledge of local conditions, administrative system and working in

Government organization can also be given due weightage in appropriate cases.

(vi) The candidate selected by the Committee shall be engaged as individual consultant who shall have

to accept the terms and conditions of appointment offered by the Commission before taking up the

assignment.

(vii) The individual consultant shall be engaged on tenure basis, initially for a period of three years and

there after extended on year to year basis based on the performance of the person concerned.

(viii) Other recommendations, if any, made by the Selection Committee may also be considered by the

Commission if felt appropriate.

Appointment of Staff Consultant:

(i)

The Commission, after having decided to engage a staff Consultant, shall invite applications on

tenure basis, by publishing a notice in the National Dailies and on the Commission's Website, and

by giving, as far as possible a period of three weeks for inviting application by the interested persons.

In case of urgency this period can be reduced but not less than two weeks.

(ii)

The Commission shall also have the option to select the consultants by conducting campus interviews

at reputed Institutes related to Power Sector conducting courses on regulatory issues like National

Power Training Institute at Faridabad and other locations and similar other institutes at its discretion.

(iii) Before publishing the notice, the Secretary of the Commission shall identify the qualification and

experience requirements keeping in view the relevant provisions of the Commission's Regulations

governing the recruitment against regular posts.

(iv) The staff consultant may be engaged based on qualification, field of specialisation and length of

experience ranging from 3 years or more and offered a consolidated fee as described under Regulation

6(a) (i).

The Arunachal Pradesh Extraordinary Gazette, February, 12 2024

(v)

The staff consultant shall be engaged on tenure basis, initially for a period of three years and there

after extended on year to year basis based on the performance of the person concerned.

Provided that Consultants showing consistent excellent performance and valuable/useful contribution

to the Commission and on willingness of the Commission and the Staff consultant, he/she may be

considered for absorption in a suitable regular sanctioned post in the Commission after a continuous

working of at least two years as Staff consultant by adopting a procedure as mentioned in APSERC

Service Condition of Staff Regulations-2015 and its amendment. They may also be required to sign

a bond to be specified by the Commission. In such case, the formula for fixation of pay in a particular

pay scale and other modalities of service shall be worked out by the Secretariat of the Commission

for approval by the Chairperson which shall be agreeable by the incumbent concerned.

(vi)

For conducting the personal interview of the applicants, a committee, headed by the Chairperson

himself, shall be constituted by the Chairperson which shall comprise of the Member of the

Commission and the Secretary of the Commission and any other Member(s) as deemed fit shall be

nominated by the Chairperson which shall interact with the candidates and recommend names of

suitable persons for engagement as staff consultants. The Secretary shall act as the Member

Secretary of the selection committee.

(vii) Other recommendations, if any, made by the Selection Committee may also be considered by the

Commission.

(viii) The candidate selected by the Committee shall be engaged as staff consultant who shall have to accept

the terms and conditions of appointment offered by the Commission before taking up the assignment.

10.

Appointment of Professional Adviser:

(i)

The Chairperson on being satisfied for the need of the Commission may decide to engage a professional

to be called by the name Adviser for advice on an issue of urgent/specialised in nature.

(ii)

The Chairperson having decided to engage an Adviser, the Secretary of the Commission shall formalize

the proposals for placing before the Chairperson for his decision.

(iii) The Chairperson may approve the name of the expert for engagement as Adviser on payment of

such agreed/negotiated fee and on such terms as may be considered appropriate provided that the

fee so decided shall not exceed ` 10 (ten) lakh including all sorts of taxes for an individual specialized

assignment of work which may be spread over a period of days/months/years.

(iv) The Consultant selected for appointment shall be required to execute an agreement in the format

given at the end of these regulations, with such variations and modifications considered appropriate

in individual cases.

11.

Conflict of Interest:

Consultant shall not be hired for any assignment that would be in conflict with his prior or current obligations

to other clients or that may place them in a position of not being able to carry out the assignment

objectively and impartially.

12.

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.

13.

General Power to Amend/Relax:

The Commission may at any time and on such terms, as it may think fit, amend / relax any provision of

these Regulations for the purpose of meeting the objectives with which these Regulations have been

framed.

14.

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.

Secretary,

APSERC

SCHEDULE- I

Fee for Individual Consultants