REGISTERED NO. PT.-40 REGISTERED NO. PT.
The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette The Bihar GazetteThe Bihar GazetteThe Bihar GazetteThe Bihar Gazette
EXTRA ORDI
PUBLISHED BY AUTHORIT
XTRA ORDINARY
UBLISHED BY AUTHORITY
25 ASHADH 1936(S)
(NO.PATNA 594) PATNA,
PATNA, WEDNESDAY, 16TH JULY 2014
4 No. BERC-Regl-06/2013
the Regulation issued under notification No.- BERC-Est.-1/07 (Part II)
BIHAR ELECTRICITY REGULATORY BIHAR ELECTRICITY REGULATORY COMMISSION, PATNA —————— NOTIFICATION The 15th July, 2014 In exercise of powers conferred by Section 181 (1) of 06/2013-05–In exercise of powers conferred by Section 181 (1) of Electricity Act, 2003 and all powers enabling in this behalf, and in supersession of the Regulation Electricity Act, 2003 and all powers enabling in this behalf, and in supersession of the Regulation Electricity Act, 2003 and all powers enabling in this behalf, and in supersession of the Regulation 1/07 (Part II)-732-04 and Appendix A of the Regulation issued under notification No. November, 2011 and published on 18th published in the Bihar Gazette, Extraordinary on 15th November, 2011 and published on 18 published in the Bihar Gazette, Extraordinary on 15 November, 2011, the Bihar Electricity Regulatory Commission hereby makes the following November, 2011, the Bihar Electricity Regulatory Commission hereby makes the following November, 2011, the Bihar Electricity Regulatory Commission hereby makes the following Regulations with regards to financial powers to the various officers to carry out the function of the Regulations with regards to financial powers to the various officers to carry out the function of the Regulations with regards to financial powers to the various officers to carry out the function of the Commission.
1. Short title and commencement
These regulations shall be called the Bihar Short title and commencement – These regulations shall be called the Bihar Electricity Regulatory Commission (Delegation of Financial Powers) Regulations, Electricity Regulatory Commission (Delegation of Financial Powers) Electricity Regulatory Commission (Delegation of Financial Powers) 2014. They shall come into force on the date of their publication in the official 2014. They shall come into force on the date of their publication in the official 2014. They shall come into force on the date of their publication in the official gazette.
In these regulations the words used shall have the following meanings: 2. Definitions – In these regulations the words used shall have the following meanings: In these regulations the words used shall have the following meanings:
(i) State Government (ii) Commission (iii) Chairman
(iv) Head of department
State Government shall mean Government of Bihar. ean Bihar Electricity Regulatory Commission Commission shall mean Bihar Electricity Regulatory Commission shall mean Chairman of Bihar Electricity Regulatory Chairman shall mean Chairman of Bihar Electricity Regulatory Commission. The Chairman shall be the Chief Executive of the Commission. The Chairman shall be the Chief Executive of the Commission. The Chairman shall be the Chief Executive of the Commission (sub Commission (sub-section (4) of section 84 of the Act). man of the Commission or any Head of department shall mean Chairman of the Commission or any other officer to whom such powers may be delegated by the chairman other officer to whom such powers may be delegated by the chairman other officer to whom such powers may be delegated by the chairman
shall mean the Electricity Act, 2003 and shall include any statutory (v) Act shall mean the Electricity Act, 2003 and shall include any statutory shall mean the Electricity Act, 2003 and shall include any statutory (vi) Secretary
amendment, modification and re amendment, modification and re-enactment thereof. ar Electricity Regulatory Secretary shall mean Secretary of Bihar Electricity Regulatory Commission or any other officer of the Commission authorized by the Commission or any other officer of the Commission authorized by the Commission or any other officer of the Commission authorized by the Chairman to discharge the responsibility of the Secretary in his/her Chairman to discharge the responsibility of the Secretary in his/her Chairman to discharge the responsibility of the Secretary in his/her absence. absence.
2 BIHAR GAZETTE (EXTRA) 16TH JULY 2014(vii) Head of the office shall mean Secretary of the Commission or any other officer of the Commission to whom such financial powers may be delegated by the Chairman.
(viii) Words and expressions used and not defined in these regulations but defined in the Act shall bear the same meaning as in the Act.
3. Financial Powers:
(i) All financial expenditures relating to the affairs of the Commission shall be made in accordance with the delegation of financial powers mentioned in Appendix-A to these regulations.
(ii) The powers delegated shall be used with due care maintaining financial propriety and economy.
(iii) Total value of work should not be split up to avoid sanction of higher authority.
4. Power to amend: The Commission shall have powers to make suitable amendments to these regulations from time to time in accordance with requirements of the functioning of the Commission.
5. Repeal and saving: The Bihar Electricity Regulatory Commission (Delegation of Financial Powers) regulation, 2011 and Appendix A of the regulations issued under notification No.- BERC-Est.-1/07 (Part II)-732-04 dated 15th November, 2011 and published on 18th Nov, 2011 in the Bihar Gazette, Extraordinary are hereby repealed. (ii) Notwithstanding such repeal, anything done or purported to have been done or any action taken or purported to have been taken under the repealed regulation before such repeal, shall be deemed to have been done or purported to have been done or taken or purported to have been taken under these regulations.
6. Removal of difficulties: If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, for reasons to be recorded in writing, pass any order as it may consider necessary not inconsistent with the provisions of the Act for removing the difficulties.
7. Any item of expenditure not appearing in Appendix A (Delegation of Financial Powers) shall be dealt with as per State Govt. guidelines issued from time to time.
By order of the Commission,
Parmanand Singh,
Secretary, BERC.
3 BIHAR GAZETTE (EXTRA), 16TH JULY 2014Bihar Electricity Regulatory Commission
Delegation of Financial Powers Regulation, 2014.
Appendix–A
| SL No. | Item of Expenditure | Monetary limit upto which expenditure can be incurred. | |||
| Power s of the Chairm an | Powers of the head of the department | Powers of the head of the office | Remarks | ||
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. | Unspecified items of contingent Expenditure: | ||||
| (a) | Recurring (not covered under any other item in these regulations). | Full power | Rs. 50,000/- per occasion | Rs.20,000/- per occasion | Subject to availability of fund in the Budget. |
| (b) | Non–recurring (not covered under any other item in these regulations) | Full Power | Rs. 1,00,000/- per occasion | Rs.50,000/- per occasion | Subject to availability of fund in the Budget and observance of the procedure prescribed by the State Govt. for procurement of goods in Bihar Finance (Amendment) Rules, 2005 and any subsequent amendment made to it by the State Govt. |
| 2. | Motor vehicle: | ||||
| (a) | Purchase of vehicle | Full power | Nil | Nil | Subject to availability of fund and observance of procedure prescribed by the State Govt. for procurement of goods as laid down in Bihar Finance (Amendment) Rules, 2005 and any subsequent amendment made to it by the State Govt. |
| (b) | Maintenance, Repair and replacement of parts | Full Powers | Rs. 50,000/- p.a. per vehicle | Rs. 25000/- p.a per vehicle. | Subject to availability of fund in the Budget and conditions prescribed by the State Govt. regarding purchase of Battery, Tyre & Tube and other such conditions laid down by Govt. of Bihar in Finance Deptt. letter no. M4–18/2006–4082 foå (2) dated 24.06. 2006 and any subsequent amendment made to it by the State Govt. from time to time. |
| (c) | Registration and insurance of vehicle | Full Power | Full Power | Full Power | |
| (d) | POL | Full Power | Full Power within sanctioned limit per vehicle per month | Full power within sanctioned limit of POL per vehicle per month | State Govt. Finance Department order dated 09.10.2007 extending limit of POL per vehicle per month shall apply in case of Chairman and Members of the Commission i.e, 250 liters per vehicle per month for official purposes and for commuting from residence to office and back. However, the expenditure on fuel for tour in connection with public hearing at Divisional headquater level including other field tours will be out of this limit. For other officers it shall be 110 liters per month per vehicle for official purposes and for commuting residence to office and back. Expenditure on fuel for field tours for various purposes will be out of this limit. |
| (e) | Condemnation of vehicles and their disposal through auction | Full Power | Nil | Nil | Subject to fulfillment of norms prescribed by the State Govt. for disposal of goods as laid down in Bihar Finance (Amendment) Rules, 2005, read with Govt. of Bihar, Finance Deptt. letter no. 04.11.2008–4665/foå (2), dated 09.06.2008 and any subsequent amendment made to it by the State Govt. |
| 3. | (i) Hiring of conveyance (for specific occasion) | Full Power | Rs. 35,000/- per occasion | 15,000/- per occasion | |
| (ii) Hiring of conveyance (on regular basis) | Full Power | Nil | Nil | ||
| 4. | Office Equipment Electric Appliances and computers: | ||||
| (a) | Purchase of office equipment including electric and electronic appliances, intercom, calculators photocopiers, filing and indexing system, computer accessories, projectors, printers etc. | Full Power | Rs.75,000/– per occasion | 30,000/– per occasion | Subject to observance of guiding principle as laid down by the State Govt. for procurement of goods in Bihar Finance (Amendment) Rules 2005 and any subsequent amendment made to it by the State Govt. and availability of fund in the Budget. |
| (b) | Purchase of Computers including personal computers. | Full Power | Rs.1,00,000/– per occasion | Rs. 50,000/- per occasion | - Do- |
| (c) | Repair of computers of all kinds and maintenance and repair of other equipments | Full Power | Rs. 25,000/- per occasion | 10,000/– per occasion | |
| (d) | Refill of Cartridge of Printer/Photocopier/F ax machine. | Full Power | Full Power | Full Power | |
| 5. | Furniture and fixtures: | ||||
| (a) | Purchase of furniture | Full Power | Rs. 1,00,000/ on each occasion | Rs. 40,000/- on each occasion | Subject to observance of instructions of the State Govt. for procurement of goods as laid down in Bihar Finance (Amendment) Rules, 2005 any subsequent amendment made to it by the State Govt. and availability of fund in the Budget. |
| (b) | Purchase of Air conditioner | Full Power | Rs.1,00,000/ on each occasion | Rs. 50,000/- on each occasion | –Do– |
| (c) | Repair of furniture and fixtures | Full Power | Rs. 30,000/- annual | Rs.15,000/- annual | |
| 6. | Purchase of stationery: | ||||
| (a) Purchase of stationery stores | Full Power | Rs. 40,000/- on each occasion | Rs.15,000/- on each occasion | Subject to the condition as contained in Govt. of Bihar Finance Department circular No. 195 dated 08.01.2003 and any amendment subsequently made in the said provision by the State Govt. shall automatically apply. | |
| 7. | Printing and binding, Publication and Publicity | ||||
| (a) Printing and Binding | Full Power | Rs.1,00,000/- on each occasion | Rs.30,000/- on each occasion | ||
| (b) Purchase of publications including purchase of Govt. publication, non– Govt. publication, Books, periodicals, newspapers. | Full Power | Rs.1,00,000/- annual | Rs.40,000/- annual | ||
| (c) Publicity and Advertisement | Full power | Rs. 1,00,000/ on each occasion | Rs.30,000/- on each occasion | Advertisement shall be taken at approved rate only and it shall be released with due care of financial propriety and economy. | |
| 8. | Telephone, Mobile and Internet charges: | ||||
| (i) | (a) Sanction of residential telephone with separate telephone lines or to allow the existing residential telephone installed in the name of the officer or his/her spouse as official with internet connectivity and facility of mobile phone in case of officers appointed against post equivalent to Dy. Secretary in Govt. of India in the scale of Rs.15,000-39,100 with Grade pay Rs. 7600 and above. | Full Power | Nil | Nil | On the basis of functional requirement and subject to ceiling of amount payable/reimbursable for land line, internet connectivity and mobile charge together prescribed by Govt. of India for different rank of officers as laid down in Govt. of India, Ministry of Finance, Department of Expenditure OM no. 7 (14)/ 2006-C&V/2006 dt. 14.11.2006 and amendment made it to from time to time. Payment of Bill within the prescribed limit will be made by Head of the Office/ Drawing and Disbursing Officer. |
| ( | (b) Sanction of residential telephone/internet connection/mobile in case of officers below the grade of Dy. Secretary in GOI in the pay scale of Rs.15000–39100 with grade pay Rs. 7600. | Full Power F | Nil N | Nil N | The ceiling amount shall be Rs. 800/- p.m (land line + internet + mobile). Once it is approved by the Chairman payment of Bills will be made by Head of the Office/ Drawing and Disbursing Officer. |
| ii) | O ffice telephone and internet connectivity to Officers appointed against post equivalent to Dy. Secretary in GOI in the pay scale of Rs. 15,000 to 39100 with Grade pay of Rs. 7600 and Ombudsman may be allowed office telephone and internet connectivity on the basis of functional requirements. | ull Power | il | il | |
| 9. | Hiring of Building: | ||||
| (a) Hiring of building for office accommodation | Full Power | Nil | Nil | Once decision is taken for hiring of building for office accommodation and monthly rent is decided by the Chairman, rent shall be paid by the head of the Office/DDO. | |
| (b) For residential and other purposes | Full Power | Nil | Nil | Do | |
| 10. | Petty works and repair: | ||||
| (a) Execution of petty works and special repairs to office building (hired) including sanitary fittings, water supply and electric installations and repairs to such installations. | Full Power | Rs. 50,000/- on each occasion | Rs.25,000/- on each occasion | Subject to availability of fund in the Budget and in case special repair is undertaken in hired building the expenditure incurred shall be adjusted against rent payable. | |
| (b) Execution of petty works, special repairs and day to day maintenance of own Building | Full Power | Rs. 100,000/- on each occasion | Rs.50,000/- on each occasion | Subject to availability of fund in the Budget | |
| 11. | Legal charges: | ||||
| (a) Hiring of legal consultants including appointment of counsel, arbitrator | Full Power | Nil | Nil | Once panel of advocates/counsels is approved and their remuneration payable is sanctioned by the Chairman, payment against their bills after proper verification shall be made by the head of the office/ Drawing and Disbursing Officer. | |
| (b) Reimbursement of legal expenses incurred by Commission employees relating to discharge of their official duties | Full Power | Full Power | Full Power | ||
| 12. | Hiring of Consultants | Full Power | Nil | Nil | Once sanction is granted and amount payable is decided at the level of Chairman, payment shall be made by the Head of the Office/DDO. |
| 13. | Miscellaneous charges: | ||||
| (a) Electric, Gas and water Charges | Full Power | Full Power | Full Power | ||
| (b) Municipal rates and Taxes | Full Power | Full Power | Full Power | ||
| (c) Freight and demurrage/wharfage charge | Full Power | Full Power | Full Power | ||
| 14. | Engagement of Staff paid from contingencies: | Full Power | Nil | Nil | Once amount is approved by the Chairman, payment shall be made by the Head of the Office. |
| 15. | Sanction of Honorarium: | Full Power | Nil | Nil | |
| 16. | Postal and courier charges: | Full Power | Full Power | Full Power | |
| 17. | Supply of liveries and washing allowance | Full Power | Full Power | Full Power | Subject to limitation of amount for each item prescribed by the State Govt. from time to time. |
| 18. | Sanction of Tour | ||||
| (a) | In case of group 'A' officers | Full Power | Nil | Nil | |
| (b) ( | In cases of other officers and staff of the Commission | Full Power | Full Power F | Full Power F | |
| c) | S anction of advance of TA if tour is sanctioned as at (a) & (b) above up to the limit and rate as prescribed by the State Govt. | F ull Power | ull Power | ull Power | |
| 19. | Drawal of amount from Bank to replenish cash chest to meet day to day petty contingent expenses. | Full Power | Up to 75,000/- including unspent balance | Up to 50,000/- including unspent balance | The expenditure may closely be watched by the Drawing and Disbursing Officer and cash payment may be made for petty expenditure (below Rs. 500/-) only otherwise necessary payment should be made through cheque. |
| 20. | (a) Expenditure on refreshment for official meeting | Full Power | Rs. 70 per head with a ceiling of Rs. 7,000/- per occasion | Rs. 70 per head with a ceiling of Rs. 35,00/- per occasion | |
| (b) working lunch during the meetings/conference s/seminar/work shops | Full Power | Rs 200/- per head with a ceiling of Rs. 15,000/- per occasion | Rs. 200/- per head with a ceiling of Rs. 7,000/- per occasion | ||
| 21. | (c) Working lunch on holidays to officers & staff Security and sanitation service: | Full Power | Rs. 125/- per head with a ceiling of Rs. 5,000/- per occasion | Rs. 125/- per head with a ceiling of Rs. 4000/- per occasion | |
| Engagement of security and sanitation services | Full Power | Nil | Nil | Once engagement of services is approved by the Chairman, payment will be made by Head of the Office/DDO. | |
| 22. | Reimbursement of medical Expenses | Full Powers includi ng powers to grant relaxati on of provisi ons in deservi ng cases | Full Power as per Bihar Electricity Regulatory Commission (Terms and conditions of services of Chairperson and Members) Rules, 2003 in case of Chairperson and Members of the Commission and in case of other officers and staff as per State Govt. Medical Rules and orders | Full Power as per Bihar Electricity Regulatory Commission (Terms and conditions of services of Chairperson and Members) Rules, 2003 in case of Chairperson and Members of the Commission and in case of other officers and staff as per State Govt. Medical Rules and orders. | |
| 23. | Write-off irrecoverable losses of stores, public money due to theft, fraud, negligence and depreciation in the value of stores | Full Power | Nil | Nil | |
| 24. | Disposal of obsolete, surplus or unserviceable stores | Full Power | Up to Rs. 50,000/- | Nil | Subject to obtaining report of condemnation of the article by constituting suitable committee and to follow the provisions of disposal of goods as laid down in Bihar Finance (Amendment) Rules, 2005 |
| 25. | Re appropriation of fund | Full Power | Nil | Nil |