The Haryana Electricity Regulatory Commission (Officer and Employees Condition of Service) Regulations, 2016.

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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 208-2018/Ext.] CHANDIGARH, THURSDAY, DECEMBER 13, 2018 (AGRAHAYANA 22, 1940 SAKA) HARYANA ELECTRICITY REGULATORY COMMISSION BAYS NO. 33-36, SECTOR-4, PANCHKULA-134112, HARYANA Tel. No. 0172 –2572395(O), Fax No. 0172–2572359 www.herc.nic.in

Notification

The 13th December, 2018

Service Regulations for Staff of the Commission

Regulation No. HERC/41/2018.— In exercise of powers conferred by Section 91 of the Electricity Act, 2003 and in supersession of Haryana Electricity Regulatory Commission (Officer and Employees Condition of Service) Regulations 1999 as well as Haryana Electricity Regulatory Commission Regulations 2011, the Haryana Electricity Regulatory Commission, with the approval of the State Government, do hereby make the following regulations, namely:-

CHAPTER I

PRELIMINARY

1. Short Title and Commencement -

a. These regulations may be called the Haryana Electricity Regulatory Commission (Officer and Employees Condition of Service) Regulations, 2016.

b. These regulations shall come into force from the date of publication of notification in the official gazette.

2. Application-

These regulations shall apply to staff of Haryana Electricity Regulatory Commission mentioned in Regulation 7 of these regulations:-

Provided that every officer or other employee of the Commission appointed to a post before the commencement of these regulations and performing duties attached to the post, shall on such commencement be deemed to have been appointed under the relevant provisions of these regulations to the same post as he was holding immediately before such commencement.

(3940)HARYANA GOVT. GAZ. (EXTRA.), DEC. 13, 2018 (AGHN. 22, 1940 SAKA) 3941 3. Definitions -

In these regulations, unless the context otherwise requires,

(a) "Act" means the Electricity Act 2003;

(b) "Appointing Authority", means –

(i) Commission, in respect of all posts equivalent to Group A posts under the Haryana Government (ii) Chairperson, in respect of all posts equivalent to Group B and C posts under the Haryana Government

(iii) Secretary in respect of all posts equivalent to Group D posts under the Haryana Government and

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

(d) "Commission" means the Haryana Electricity Regulatory Commission;

(e) "Disciplinary Authority" means -

(i) Chairperson, in respect of all posts equivalent to Group A ,B and C posts under the Haryana Government

(ii) Secretary in respect of all posts equivalent to Group D posts under the Haryana Government (f) "Function" means and includes all work related to activities of the Commission;

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

(h) / Non-Government organizations e.g. Universities, recognized research institutions, public sector undertakings etc. on Deputation on foreign service terms to the "Staff" includes both officers and employees of all categories appointed whether on regular basis or on Deputation on foreign service terms or permanent absorption or on short-term contract basis;

(i) "Short term Contract" means the method of recruitment of officers/officials belonging to Government Commission for a limited period or recruited on contract basis after retirement for a specific term.

(j) "Recognized University" means:-

(i) Any University incorporated by Law in India; or

(ii) In the case of degree, diploma or certificate obtained as a result of examination held before the 15th August, 1947, the Punjab, Sind or Dhaka University; or

(iii) Any other University, which is declared by the Government to be a recognized University for the purpose of these Regulations.

(k) "Institution" means: -

(i) any institution, established by law in force in the State of Haryana; or

(ii) any other institution recognized by the Government for the purpose of these regulations.

(l) "Service" means the Haryana Electricity Regulatory Commission (Officers and Employees conditions of Service) Service;

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

4. Nationality, domicile and character of a person to be appointed in the Commission

(1) No person shall be appointed to any post in the Commission, unless he is:

(a) a citizen of India; or

(b) subject of Nepal; or

(c) a subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the 1st day of January 1962, with intention of permanently settling in India; or3942 HARYANA GOVT. GAZ. (EXTRA.), DEC. 13, 2018 (AGHN. 22, 1940 SAKA) (e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African countries of Kenya, Uganda, the United Republic of Tanzania (Formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India;

Provided that a person belonging to any of the categories b), c), d) or e) above shall be a person in whose favour a certificate of eligibility has been issued by the competent authority and presented before the Commission.

(2) All appointments under these regulations shall be subject to verification of character and antecedents, as per the Haryana Government instructions issued from time to time.

(3) No person shall be appointed to any post in the Commission by direct recruitment, unless he produces a certificate of character from the Principal/Academic Officer of the university, college, school or institution last attended, if any, and similar certificate from two other responsible person, not being his relatives, who are well acquainted with him in his private life are unconnected with his university, college, school or institution.

5. Age Limit–

No person shall be appointed to any post in the Commission by direct recruitment who is less than 17 years or more than 55 years of age on or before the last date of submission of application to the Commission.

Provided the age of a person to be appointed on contract basis shall not be more than 62 years of age at the time of recruitment. The contract can be extended by the Commission in case of outstanding performance of the person concerned provided he is medically declared fit by the competent authority.

Provided further that no employee of Group C and D category appointed on contract basis shall be retained in service after attaining the age of 60 years.

CHAPTER II

CLASSIFICATION OF POSTS / SANCTIONED STRENGTH

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

Sl. No. Description

1. A post carrying a pay or a scale of pay with a maximum of not less than

Rs.67,000 + Grade Pay of Rs. 8000/-.

Classification of Posts Equivalent to Group "A" as per Haryana Govt. Equivalent to Group "B" as per Haryana Govt. 2. A post carrying a pay or a scale of pay with a maximum of not less than Rs.34,800 + Rs. 4200/- GP except the post of Section Officer (Accounts).

Equivalent to Group "C" as per Haryana Govt. 3. A post carrying a pay or a scale of pay with a maximum of not less than Rs.20,200 + Rs. 1900/- GP including the post of Section Officer (Accounts).

4. A post carrying a pay or a scale of pay the maximum of which is

Rs.7440 + Rs. 1300 GP.

Equivalent to Group "D" as per Haryana Govt. 7. Sanctioned Strength -

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

*The Process server will also look after the work of electrical generator and Rooftop solar power plant.

** The Peons will also work as Peon-cum-Chowkidar, two peons as peon- cum-sweeper and one peon as Peon – cum-Mali etc. as per the requirement.

8. Mode of appointment -

Appointments against the sanctioned posts in the Commission may be made either through direct recruitment

Part-B

The appointment on short-term contract basis shall be made initially for a period of one year and maximum upto five years. No extension beyond this period would be considered.

The appointment on Deputation on foreign service terms basis shall be made initially for a period of three years. Extension beyond this period would be considered in consultation with the concerned department/ Power Utilities.

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

9. 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.

10. Power to keep posts vacant -

Nothing in regulation 7 shall be construed as requiring the Commission to have at all times, staff serving in all the categories or posts.

CHAPTER III

PROCEDURE FOR RECRUITMENT AND APPOINTMENT

11. Appointing Authority -

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

12. Eligibility criterion for Deputation on foreign service terms -

The eligibility criterion for appointment other than direct recruitment shall be given in Appendix- 'A' & 'D'.

13. Eligibility criterion for direct recruitment -

The eligibility criterion shall be as given in Appendix- 'A'.

(1) Person appointed to any post in the Service shall remain on probation for a period of two years, provided that:-

If, in the opinion of the appointing authority, the work and conduct of a person during the period of probation is not satisfactory, it may:-

(i) dispenses with his services; and

(ii) revert him to his former post; or

(iii) deal with him in such other manner as per terms and conditions of the appointment letter.

(2) On the completion of the period of probation of a person the appointing authority may;- (a) if his work or conduct has, in its opinion, been satisfactory:-

(i) confirm him from the date of his appointment if appointed against permanent vacancy or (ii) confirm him from the date permanent vacancy occurs if appointed against a temporary vacancy; or

(iii) declare that he has completed his probation satisfactory, if there is no permanent vacancy;

or

(b) If his work and conduct has, in its opinion be not satisfactory –

(i) dispense with his services, if appointed by direct recruitment or deal with him in such manner as per the terms and conditions of his appointment letter; or

(ii) extend his period of probation and thereafter pass such order, as it could have passed on expiry of the first period of probation:

Provided that total period of probation, including extension, if any, shall not exceed three years.

14. Eligibility criterion for Short-term contract appointment -

The eligibility criterion for short-term contract appointment shall be as given in Appendix- 'A' & 'D'.

15. Eligibility criterion for appointment on promotion basis -

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

(1) Person appointed to any post in the Service shall remain on probation for a period of one year if appointed otherwise than direct recruitment provided that;-

(a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation;

(b) any period of work in equivalent or higher rank, prior to appointment to the service may, in the case of an appointment by transfer, at the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this regulation, and

(c) Any period of officiating appointment shall be reckoned as period spent on probation but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he/she is appointed against the permanent vacancy/post.

(2) If, in the opinion of the appointing authority, the work and conduct of a person during the period of probation is not satisfactory, it may:-

(i) revert him to his former post; or

(ii) deal with him in such other manner as per terms and conditions of the previous appointment permit.

(3) On the completion of the period of probation of a person the appointing authority may;- (a) if his work or conduct has, in its opinion, been satisfactory:-

(i) confirm him from the date of his appointment if appointed against permanent vacancy or (ii) confirm him from the date permanent vacancy occurs if appointed against a temporary vacancy; or

(iii) declare that he has completed his probation satisfactory, if there is no permanent vacancy;

or

(b) If his work and conduct has, in its opinion be not satisfactory –

(i) revert him to his former post or deal with him in such manner as the terms and conditions of his previous appointment permit,; or

(ii) extend his period of probation and thereafter pass such order, as it could have passed on expiry of the first period of probation:

Provided that total period of probation, including extension, if any, shall not exceed three years.

16. Disqualifications. –

(i) No person

(a) who has entered into or contracted a marriage with a person having a spouse living, or (b) who is having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any post in the Commission;

Provided that the Commission may, if satisfied, that such marriage is permissible under the personal law, applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this regulation.

(ii) No person shall be allowed to work in and for any other organization while working in the Commission.

17. Reservations.-

Nothing contained in these regulations shall effect reservations and other concessions required to be provided for Scheduled Castes, Schedule tribes, Backward Classes, Other Backward Classes, Ex-servicemen, Physically Handicapped persons or any other class or category of persons in accordance with the orders issued by the State Govt. in this regard, from time to time:

18. Seniority-

(1) Seniority, inter-se of Members of the Service shall be determined by the length of continuous service on any post in the Service;

Provided that where there are different cadres in the service, the seniority shall be determined separately for each cadre;

Provided further that in the case of Members appointed by direct recruitment, the order of merit determined by the Commission shall not be disturbed in determining the seniority;

Provided further that in the case of two or more Members appointed on the same date, their seniority shall be determined as follows:-

(a) A member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer;

(b) A member appointed by promotion shall be senior to a member appointed by transfer;

(c) In the case of member appointed by promotion or by transfer, seniority shall be determined according to the seniority of such members in the appointments from according to the seniority of such members in the appointments from which they were promoted or transferred; and (d) In the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in the previous appointment; and if the rate of pay drawn are also the same them by the length of their Service in the appointment and if the length of such service is also the same, the older member shall be senior to the younger member.

19. Leave, Pension or other matters-

In respect of Pay, leave, pension and all other matters, not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been, or may hereafter be adopted or made by the competent authority under the Constitution of India or under any law for the time being in force made by the State Legislature.

Provided further that the concession under Rules 4.2A of Punjab Civil Services Rules Volume-II shall be admissible to the members of the Services for the purpose of addition to Service qualifying for superannuation pension with retrospective effect on the date of their retirement on superannuation on usual terms and conditions as envisaged under the said rules.

Announcement of vacancies -

The Commission shall announce in such manner, as it deems fit the number of vacancies to be filled by Deputation on foreign service terms/short-term contract basis or through direct recruitment and invite applications for appointment in the Commission. In the case of Deputation on foreign service terms the vacancies shall be circulated to all the departments of the Haryana Government and on short-term contract basis also from non-government organisations e.g. Universities, recognised research institutions, public sector undertakings etc. on Deputation on foreign service terms 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.

20. 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.

21. 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.

22. 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.

23. Constitution of Selection Committee -

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

(a) For selection to all the posts equivalent to Group A posts under the Haryana Govt. mentioned in regulation 7, the Selection Committee shall consist of the following :-

Chairman : Chairperson of the Commission.

Member : Member(s) of the Commission.

Convener : One or more subject matter specialists to be nominated by the Commission.

(b) For selection to all posts equivalent to Group B, C and D posts under the Haryana Govt. mentioned in regulation 7, the Selection Committee shall be constituted by the Commission in each case from time to time.

24. 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.

25. Selection of candidates -

a. 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.

b. The letter of offer of appointment shall specify the conditions to be fulfilled by the candidate, prior to appointment.

c. 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.

d. All appointments by direct recruitment shall be subject to verification of character and antecedents.

e. 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

26. PAY, ALLOWANCES AND CONDITIONS OF SERVICE

26.1 Pay fixation in respect of Deputationist on foreign service terms and conditions and Short-term contract –

The scale of pay applicable against each post set out in regulation 7 of these regulations.

a. In the case of appointments on Deputation on foreign service terms/absorption and short-term contract, the pay shall be fixed as per the standard terms and conditions as prescribed by the Haryana Government from time to time.

b. Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Children Education Allowance, Leave Travel Concession, Leave, Travelling Allowance/Dearness Allowance, Residential Telephone and reimbursement of Newspapers bills- shall be as prescribed by the Haryana Government from time to time.

c. Pension/Provident Fund - The provisions of Pension /General Provident Fund as applicable to Haryana Government servants of corresponding level shall apply to the staff of the Commission absorbed permanently.

d. Medical facilities shall be admissible in accordance with the Haryana Government from time to time.

e. Any other allowances available in Haryana Government shall accordingly be admissible as per Haryana Government rules.

26.2 Pay fixation (direct recruitment) -

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

(i) In case of retiree appointed on contract basis for a period of not more than 5 years, then his pay will be fixed as per provisions contained in Chapter 7 of C.S.R. Vol.II.

(ii) If appointment is direct on contract basis which is not for more than five years, the appointed candidates will be given the minimum of the scale as remuneration alongwith all the facilities which are being given to employees of the Commission as conveyance allowance, telephone facility, TA/DA while on tour etc. with the annual increase of 3% in the basic remuneration .

26.3 Pay fixation

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

26.4 Finalization of terms and conditions on Deputation on foreign service terms/short-term contract:-

Deputation on foreign service terms and conditions (other than scale of pay) shall be decided mutually by HERC and lending organization. The terms of service, e.g. in relation to Leave Salary contribution, gratuity, pension contribution, GPF etc. may, with the approval of the Chairperson be allowed as admissible to a candidate in his/her parent organization.

27. Staff on Deputation on foreign service terms/absorption -

a. The counting of past service of all staff members on Deputation on foreign service terms or absorption basis from Haryana Government/Public Sector Undertakings/Autonomous bodies, as the case may be, shall be governed as per instructions issued by the Haryana Government from time to time.

b. 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 on foreign service terms, even if they were admissible in the parent organization.

c. Staff joining on Deputation on foreign service terms shall be eligible for contribution to the respective Provident Fund to which they are subscribing in their parent organization. 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.

d. 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 on foreign service terms 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 Haryana Government Department/ Power Utilities or any other organizations and the employee concerned.

28. Placement of staff -

a. 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.

A staff member may hold more than one post for which no extra remuneration shall be paid except as otherwise provided by the Haryana Government.

CHAPTER V

ANNUAL ASSESSMENTS, DISCIPLINARY PROCEEDINGS AND PENALTIES 29. Confidential reports -

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

30. Disciplinary proceedings and imposition of penalties -

In the matter of conduct, discipline and imposition of penalties, the Punjab Government Employees Conduct Rules 1966 and the Punjab Civil Service Rules, as adopted by the Haryana and the instructions issued by the Haryana Government from time to time will apply .The disciplinary authority in each case will be as specified in paragraph 3(e) of these regulations.

In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Haryana Civil Services (Punishment & Appeal) Rules 1987 as amended from time to time.

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and Appellate Authority shall, subject to the provisions of any law or rules made under article 309 of the Constitution of India, shall be, such as are specified in Appendix 'B ' to these rules.

The Authority Competent to pass an order under clause (c) or clause (d) of rule 9 of the Haryana Civil Services (Punishment & Appeal), Rules, 1987 and Appellate Authority shall be as specified in Appendix 'B' in these regulations.

CHAPTER VI

MISCELLANEOUS

31. Training -

a. Staff may be required to undergo such training as may be prescribed by the Commission.

Provided that the employee on deputation can be deputed for training after one year service and the contractual/direct appointee after two years service in the Commission.

b. 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.

32. Other conditions of service –

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

33. Power of Relaxation -

The Commission may, after recording the reasons in writing, relax any of the provisions of these regulations, in appropriate cases, with the prior approval of the Government.

34. Interpretation -

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

By Order of the Commission

(Sd.)…, Secretary, HERC, Panchkula.

APPENDIX 'A'

(See Regulation 12,13 & 15)

[POST-WISE QUALIFICATIONS AND EXPERIENCE]

PART A

PART B

APPENDIX 'B'

(See Regulation 30)

COMPETENT AUTHORITY FOR PUNISHMENT AND APPEALS

(a) For posts equivalent to Group A in Government of Haryana:

Appointing Authority : Commission

Disciplinary Authority : Chairperson

Appellate Authority : Commission

Reviewing Authority : Commission

(b) For posts equivalent to Group B and C in Government of Haryana:

Appointing Authority : Chairperson

Disciplinary Authority : Chairperson

Appellate Authority : Commission

Reviewing Authority : Commission

(c) For posts equivalent to Group D in Government of Haryana:

Appointing Authority : Secretary

Disciplinary Authority : Secretary

Appellate Authority : Chairperson

Reviewing Authority : Commission3970 HARYANA GOVT. GAZ. (EXTRA.), DEC. 13, 2018 (AGHN. 22, 1940 SAKA)

APPENDIX 'C'

(See Regulation 23)

SELECTION COMMITTEES

1. In case of appointments to the posts equivalent to Group A in Government of Haryana, the selection committee shall comprise of the Chairperson and the Member(s) of the Commission and one or more subject matter specialists to the nominated by the Commission.

2. In case of appointments to the posts equivalent to Group B, C and D, the selection Committee shall be constituted by the Commission in each case from time to time.

APPENDIX 'D'

(See Regulation 12, 14 & 15)

(POST WISE RECRUITMENT AND PROMOTION POLICY)

PART A

PART B

8476—C.S.—H.G.P., Pkl.