APERC - Regulations

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION

8-2-283/B/1, Road No. 3, Banjara Hills, Hyderabad-34.

(Regulation No.3, Dated 12-07-1999)

NOTIFICATION

In exercise of the powers conferred by Sub-Section (1) and Clause (b) of Sub-Section (2) of Section 54 read with Sub-Sections (2) and (4) of Section 8 of the Andhra Pradesh Electricity Reform Act, 1998 (Act 30 of 1998), The Andhra Pradesh Electricity Regulatory Commission with the prior approval of the State Government, hereby makes the following regulations, namely:-

ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION OFFICERS/STAFF SERVICE REGULATIONS

CHAPTER 1 - GENERAL

Short Title

These regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Method of Recruitment and Conditions of Service of officers and staff) Regulations, 1999.
These Regulations shall come into force on the date of their publication in the AP Gazette.

Applicability

These Regulations shall apply to all Officers/ Staff of AP Electricity Regulatory Commission mentioned in regulation 4 of these regulations.

Definitions

In these regulations, unless there is anything repugnant to the subject or context:-

"Act" means the AP Electricity Reform Act, 1998.
"Appointing Authority" means.

the Chairman, in respect of the posts mentioned in sub-regulation (a) of regulation-4; and
Director (Admn.) in respect of posts mentioned in sub-regulation (b) of regulation-4;

"Commissioner" means Chairman or any Member of the Commission.
"Competent Authority" means Chairman and such other officers in the Commission designated from time to time for the purpose by the Commission in accordance with these regulations.
"Chairman" means the Chairman of the Commission.
"Member" means the member of the Commission.
"Function" means and includes all work and related activities of the Commission;
"Service" means the service by Staff/ Officers of the Commission;
"Year" means calendar year, and
Words and expression used in these regulations but not defined unless the context otherwise requires, shall have the same meaning as respectively assigned to them in the Act.

CHAPTER II - CATEGORIZATION OF POSTS & STRENGTH OF OFFICERS & STAFF:

4 (i) The officers and supporting staff of the Commission are categorized as under and the strength of each category is mentioned against each of them.

(a) Officers

Commission Secretary 1
Director Engineering 1
Director/ Law 1
Director/ Tariff 1
Director/ Administration 1
Adviser to Commission 3
Joint Director/ Engineering 1
Joint Director/ Law 1
Joint Director/ Tariff (Accounts & Financial Analysis) 1
Joint Director/ Tariff (Economics) 1
Joint Director/ Tariff (Engineering) 1
Joint Director/ Information Technology 1
Deputy Director/ Transmission 1
Deputy Director/ Distribution 2
Deputy Director/ Law 2
Deputy Director/ Tariff (Accounts & Financial Analysis) 1
Deputy Director/ Tariff (Economics)1
Deputy Director/ Tariff (Engineering) 1
Deputy Director/ Information Technology 1
Deputy Director/ Personnel 1
Deputy Director/ Pay & Accounts 1
Deputy Director/ Consumer Assistance 1
Deputy Director/ Media 1
Personnel Officer 1

(b) Supporting Staff

Private Secretary 3
Accountant 1
Security Officer 1
Junior Personnel Officer 1
Cashier 1
Steno-cum-Computer Operator 8
Personnel Assistant 5
Clerk-cum-Computer Operator 7
Librarian 1
Receptionist 1
Telephone Operator 2
Messenger 1
Caretaker 1
Drivers 3
Attenders 10
Security Guards 7

(ii) The officers and staff may be appointed by the commission (i) on regular basis (ii) on contract services, and (iii) on deputation from Government Departments or other organizations of Central/ State Government.

(iii) The approval of the staff strength under sub-clause (i) of the Regulations shall also be treated as approval for creation of posts under Section

10(1) of Act 2 of 1994 relating to regulation of appointments in offices and establishments in the State Government.

5. Nothing in Clauses (a) or (b) of regulation - 4 shall be construed as requiring the Commission to have at all times, the Officers/ Staff serving in all the categories or posts.

CHAPTER III - Placement of officers

6. (a). The post that an Officer/ Staff is to occupy at any time shall be decided by the Commission.

(b). An officer may be allowed to hold another post in additional charge for which allowance shall be paid as per the AP Government rules in force.

Chapter IV- Recruitment and Other Conditions of Service

Appointment

7. (a).All appointments to the post of Officer/Staff shall be made by the Authority as indicated in sub-regulation (b) of regulation 3.

(b).The persons who are working in the Commission prior to commencement of these regulations shall be eligible for being considered, along with the outsiders for the purpose of direct recruitment to various grades irrespective of their age but subject to upper age limit prescribed in regulations, provided they fulfill the prescribed eligibility criteria for being considered for the post.

(c).A person to be directly appointed should be of sound health. Every candidate directly recruited for appointment shall be examined by a Medical Board. A candidate who fails to satisfy the Medical Board shall not be appointed on a regular basis. This condition does not apply to those (i) taken on contract (ii) taken on deputation (iii) who are already working in a Government organisation prior to joining the Commission.

(d).A candidate to be appointed has to possess necessary qualifications and experience, as prescribed post-wise, given in Appendix I & Appendix II to these regulations. However, when suitable candidates are not available the Commission after recording reason may relax the eligibility criteria for appointment with regard to posts and persons in appropriate cases.

(e).All appointments shall be subject to verification of character and antecedents as may be decided by the Commission from time to time

Selection Committees

8. (a) The Selection committee for officers included in sub-regulation 4(i)(a) will consist of the Chairman and Members of the Commission and wherever the Commission considers it necessary, it will co-opt a specialist/ expert as a member of the Selection Committee. The Chairman of the Commission will be the Chairman of the Selection Committee.

(b) The Selection Committee for supporting staff included in sub-regulation 4(i)(b) will consist of the Director/ Administration. One Joint Director/ Deputy Director and the Deputy Director Personnel/ Personnel Officer as nominated by the Chairman of the Commission. The Director/ Administration will be the Chairman of the Selection Committee.

(ii) In case of vacancy of post of Director Administration, the Commission may temporarily authorize a person as felt suitable by the Commission to act in his behalf for appointment to the posts mentioned in sub-regulations a&b of Regulation 4 and also to act as appointing authority for posts mentioned in sub-regulation (b) of regulation-4(i).

Age Limit

9. The age limit for direct recruitment to the posts mentioned in regulation 4(1)(b) shall be as per the prevailing rules of Government of AP as modified from time to time. However, in respect of the remaining staff, there shall be no upper age limit for considering them for appointment. Persons who have already superannuated are to be appointed into the commission only on contract basis.

Application for Appointment

10. (a) The Commission may announce in such manner as it thinks fit the number of vacancies to be filled by direct appointment and shall invite applications from candidates eligible for appointment to the service.

(b) Every candidate shall submit his application in the prescribed form along with prescribed fees and documents to the Director (Administration) or any other designated officer of the Commission so as to reach him not later than such date as may be notified.

Certificates

11. The candidate must submit along with his application:-

(a) evidence that he holds the requisite educational qualification.

(b) certificates of character and conduct from the head of college in which he has last studied in case of candidates who have not served earlier in any capacity in State Government/ Public Sector Undertakings. Those who are serving in the private sector prior to employment in the commission should obtain such certificate from the previous employer.

(d) caste certificate from the competent authority in case of candidates belonging to S.C., S.T., and O.B.C.

Process of Application

12. The Commission shall consider all valid applications received and interview those who are shortlisted, considering the number of vacancies.

Selection of the Candidate

13. On the recommendation of the Selection Board the Commission shall prepare a list of candidates arranged in order of merit.

Selection in the Cadre of direct Recruitment

14. (a) The appointment shall be given on the basis of merit shown in the select list.

(b) Every candidate selected for appointment, who had earlier not been in Government service, shall be examined by the Medical Board.

Pay fixation

15. The pay of the selected candidates may be fixed in the suitable stage of the pay scale of the post as deemed appropriate by the Commission.

Original Certificates

16. All the candidates shall produce the originals of the following certificates at the time of the interview and again immediately before the joining, if selected:-

(a) SSC/ SSLC or its equivalent examination as proof of age.

(b) Documents in support of educational qualification and experience.

Probation

17. All the direct recruitees shall be on probation for a period of two years from the date of their joining in a period of three years. In respect of promotees the probation period is one year on duty in a period of two years.

The period of probation shall not include the following:-

(i) The period spent on Earned leave, Extraordinary Leave and the Medical Leave availed during the period of probation; and

(ii) The period of unauthorised absence and the period held not to be on duty by the Commission.

The Commission may extend the period of probation for a maximum period of one year in one or more instalments, or dispense with the services of a probationer after giving him/ her a month’s notice, if in the opinion of the Commission, the performance of the probationer has not been found upto its satisfaction.
Where the services of a probationer are dispensed with as mentioned in clause (c) above, the probationer shall not be entitled to any compensation for the termination.
If a person is serving in the Government of AP or the public sector undertaking of Government of AP and is selected for appointment in the Commission, his/her lien in his/her parent department shall cease after three years.

Reservation of vacancy

18. Vacancies shall be reserved for the candidates belonging to Scheduled Caste and Scheduled Tribe and OBC in accordance with the instructions of the State Government in force.

Training

19. a. Every Officer may be required to undergo such training or course conducted in-house/ outside as may be prescribed by the Commission.

b. The officer who is required to undergo any training or course may be required to execute a bond to serve the Commission for such period as may be prescribed which shall not exceed 12 months for every one month or part of the month of training or course subject to a maximum of two years after completing the training or course. Failure to serve the Commission for the stipulated period will render the candidate liable to refund the amount spent on him for training along with emoluments paid to him during the training period.

c. If an Officer is charged with misconduct during the period of training, then he/she would be called back from training and appropriate disciplinary proceeding would be initiated. He/she may be required to refund the amount spent on him/her for the training, if the Commission so decides.

Retirement

20. Officers/ Staff who are regularly appointed in the Commission shall retire from the service of the Commission on attaining the age of superannuation in accordance with the prevailing rules of the AP State Government.

CHAPTER V - REMUNERATION AND OTHER BENEFITS

Pay Scale

21. The pay scale of the Officers/ Staff shall be as prescribed from time to time.

The scale of pay of Officers and staff of the Commission shall be revised at par with Officers of corresponding grade/scale under Government of India.
The Officers and staff of the Commission shall be entitled to DA etc., as admissible to corresponding grade of officers/staff under the Government of India.
The house rent allowance and the conveyance allowance will be reimbursed to the entitled persons at the rates as determined by the Commission from time to time.
Officers/ staff joining on deputation, as well as officers and staff recruited by the Commission, shall be eligible for all types of interest bearing advances as well as non-interest bearing advances as admissible to officers/ staff of Government of AP.

e. Officers/ supporting staff joining on deputation are eligible for deputation allowance at following rates (i) within the same station – 15% of basic pay subject to maximum of Rs. 3000/- PM. (ii) In other cases – 20% of basic pay subject to maximum of Rs. 4000/- PM.

Subscription to the Provident Fund

22. The officers and the staff of the Commission will be eligible to subscribe to the General Provident Fund AP with effect from the date of joining in the Commission as applicable to the officers/staff under Government of AP.

Retirement Benefits

23. (a). The pensionary and other benefits will be sanctioned and paid by the Commission.

(b). The pensionary services rendered by an Officer/ Staff under the Government of India, Government of AP and Public Sector Undertakings prior to the date of joining in the Commission shall be taken into account for the purpose of grant of the pensionary and other retirement benefits together with the service rendered by them under the Commission after joining the Commission. The services rendered under the State or Central Government of such officer and staff shall be deemed to be service under the Commission for the purpose of pensionary and other retirement benefits.

Service Continuity

24. (a) The period of service of the personnel under the Government of India, Government of AP/Public Sector Undertakings, as the case may be shall be treated as continuous for the purpose of all service benefits.

(b) The personnel joining the service of Commission on transfer or otherwise from Government/Public Sector Undertakings shall be deemed to have entered into an agreement with the Commission or the respective nominated authority, as the case may be, to repay the loans, advance and other sums due or otherwise perform the obligations undertaken by them to the Government/ Public Sector Undertakings which remain outstanding against him on the date of joining as per the original terms and conditions.

Contract Service

25. To obtain experienced and qualified candidates, the posts mentioned in para 4(i)(a) may be filled-up on contract basis for a maximum period of three years.

26. The Commission may in the public interest and after recording the reasons in writing, relax the provisions of these regulations, including the eligibility criteria for appointments to posts, in appropriate cases.

Applicability of CCA and Conduct Rules

27. The provisions of the AP Civil Services (Classification, Control and Appeal) Rules 1991 and AP Civil Services Conduct Rules 1964 as applicable to the employees of Government of AP as amended from time to time shall be applicable to the employees of the Commission.

28. The appointing authority, disciplinary authority, appellate authority and reviewing authority, in respect of the officers and employees of the Commission, until otherwise determined by the Commission, shall be as specified in Appendix III.

29. In respect of any service matter not specifically mentioned in the above regulations, the employees of the Commission are to be governed by the service regulation of AP State Government employees.

Interpretation

30. If any question arises relating to the interpretation of these regulations, the interpretation of the Chairman of AP Electricity Regulatory Commission may be treated as provisional.

Power to remove difficulties

31. The Government of Andhra Pradesh may by order make such provisions or give such directions as it may deem necessary for the removal of any difficulty that may arise in giving effect to the provisions of these regulations.

By order of the Commission

SECRETARY

Appendix - I

QUALIFICATIONS FOR OFFICERS OF THE COMMISSION

Name of the Post	Minimum Required Qualification	Additional Qualifications desirable
1. Commission Secretary	Degree from a recognised university 20 years Engineering or 15 years-administrative experience out of which 5 years at the management level. Demonstrated ability to resolve complex tasks. Significant professional expe-rience in managing staff, budget and projects. Excellent written and verbal communication skills.	Work experience in a government organisation. Knowledge or experience in a regulated industry or with a regulatory body in Power Sector.
2. Director of Engineering	Degree in electrical/ power Engineering. 20 years of engineering experience with at least five years at management level in large power utilities with generation, transmission & distribution facilities. Good written and verbal communication skills.	Experience in Setting up and critically reviewing of perfor-mance standards. Good knowledge of Electricity Laws.
3. Director of Law	Degree in law from a recognised university/ law school. Eligibility to practice law. 15 years of professional experience or similar experience under Central/ State Government/ Judge of a District Court. Excellent written and verbal communication skills. Specialisation on the subject of commercial laws.	Knowledge in power sector. Experience in providing legal advice on commercial issues. Experience in related litigation in court. Experience in drafting statutes and/ or regulations. Experience in contract and/ or administrative law.
4. Director of Tariff	Doctorate in economics or Degree in Electrical/ Power Engineering. Fifteen years experience as a Professional Economist or a Professional Engineer, of which at least five years he shall have in managing professional staff. Experience in the development of tariffs in public utilities. Demonstrated ability in Economic Analysis, modeling and Statistical techniques.	Experience in commercial Enterprises. Demonstrated capability in analytical modeling. Good written and verbal communication skills. Experience in Power Sector.