CHAPTER 1

GENERAL

Short Title and Commencement:

1.1. These Regulations may be called the "Orissa Electricity Regulatory Commission (Method of Recruitment and Conditions of Service of Officers and Staff) Regulations, 1997".
1.2. These regulations shall come into force on the date of their publication in the Orissa Gazette.

Applicability:

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

Definitions:

3. In these regulations, unless there is anything repugnant to the Subject or context:

(a) "Act" means the Orissa Electricity Reform Act, 1995;

(b) "Appointing Authority'' means-

1. the Chairman, In respect of the posts mentioned in sub-regulation (a) of regulation 4; and

2. the Director (Admn.) in respect of posts mentioned in sub-regulation (b) of regulation 4.

(c) "Commissioner'' means Chairman or any member of the Commission;

(d) "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;

(e) "Chairman" means the Chairman of the Commission;

(f) "Member" means the member of the Commission;

(g) "Function" means and includes all work related activities of the Commission;

(h) "Service'' means the service by staff/officers of the Commission;

(i) "Year" means calendar year; and

(j) 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 2

CATEGORISATION OF POSTS & STRENGTH OF OFFICERS AND STAFF

(a) The Officers of the Commission are categorised as under and the strength of each category and the source of recruitment of those categories are mentioned against each of them.

(i) Adviser to the Commissioner

3 Contract basis

(ii) Director (Engineering)

1 Direct Recruitment / Deputation

(iii) Director (Law)

1 Direct Recruitment / Deputation

(iv) Director (Tariff)

1 Direct Recruitment / Deputation

(v) Director (Admn.)

1 Direct Recruitment / Deputation

(vi) Commission Secretary

1 Direct Recruitment / Deputation

(vii) Joint Director (Engineering)

1 Direct Recruitment / Deputation

(viii) Joint Director (Tariff)

2 Direct Recruitment / Deputation

(ix) Joint Director (Law)

1 Direct Recruitment / Deputation

(x) Information Officer

1 Direct Recruitment / Deputation

(xi) Information Technology Manager

1 Direct Recruitment / Deputation

(xii) Senior Economic analyst

1 Direct Recruitment

(xiii) Senior Financial Analyst

1 Direct Recruitment

(xiv) Deputy Director (Engineering)

1 Direct Recruitment / Deputation

(xv) Deputy Director (Tariff)

2 Direct Recruitment / Deputation

(xvi) Information Technology Specialist

1 Direct Recruitment / Deputation

(xvii) Assistant Legal Adviser

1 Direct Recruitment / Deputation

(xviii) Accounts Officer

1 Direct Recruitment / Deputation

(xix) Junior Financial Analyst

1 Direct Recruitment / Deputation

(b) The staff of the Commission, their strength and source of recruitment are as follows :

(i) Private Secretary

3 Contract basis/Direct Recruitment/Deputation

(ii) Junior Supporting Staff

6 Direct Recruitment / Deputation

(iii) Receptionist/Caretaker

1 Direct Recruitment / Deputation

(iv) Drivers (Light Vehicle)

4 Direct Recruitment

(v) Attendant/Messenger/Peon

4 Direct Recruitment

Vacancy in the post:

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 of posts.

CHAPTER 4

RECRUITMENT AND OTHER CONDITIONS OF SERVICE

Appointment:

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

7.2. 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 fulfil the prescribed eligibility criteria for being considered for the post.

7.3. A person to be directly appointed should be of sound health, good physique and active habits. Every candidate for appointment shall be examined by a Medical Board. A candidate who fails to satisfy the Medical Board shall not be appointed.

7.4. A candidate to be appointed has to possess necessary qualification and experience, as prescribed post-wise, given in Appendices I & II, to these regulations. However, the Commission, after recording reason, may relax the eligibility criteria for appointment with regard to posts and persons in appropriate cases.

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

Constitution of Selection Board:

8.1. There shall be Selection Board for selection of candidates for appointment to the posts mentioned in sub-regulation (a) of regulation 4, which shall consist of the following members:-
* Chairman - Chairman of the Commission
* Member - Two members of the Commission
* Member - One subject specialist to be nominated by the Commission
* Director (Adm.) - shall be the Convener of the Selection Board.

8.2. (i) there shall be separate Selection Board for selection of candidates for appointment to the posts mentioned in sub-regulation (b) of regulation 4, which shall consist of the following members:

1. Senior most person among the Directors and the Commission Secretary.

2. Director (Admn.) or if he happens to be the Senior most, then the next senior Director.

3. Commission Secretary or if he happens to be Senior most, then another Director as nominated by the Chairman of the Commission.

(ii) Director (Adm.) will be the Convenor of the Selection Board.

8.3. (i) The Selection Board shall meet as and when it becomes necessary.
(ii) The recommendations of the Selection Board shall be final and will remain valid for a period of six months.

Age Limit:

9. The age limit for direct recruitment to the post of Drivers, Attendants, Messengers, and Peons shall be as per the prevailing rules of Government of Orissa 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 in the Commission subject to the condition that they shall be three years less than the age of superannuation as fixed by the Government of Orissa for its employees working in the corresponding grade.

Application for appointment:

10.1. 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.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.

10.2. 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.

10.3. The application shall accompanied with a Treasury Chalan for the prescribed amount in the appropriate Head to be notified in the notice inviting application for the post.

Certificates:

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

11.1. evidence that he holds the requisite educational qualification,

11.2. 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,

11.3. evidence of age, which should be the High School Certificate,

11.4. every person for appointment who has not passed from Oriya Medium School shall produce a certificate that he has passed a test in Oriya equivalent to at least the M. E. Standard, and

11.5. caste certificate from the competent authority in case of candidates belonging to S.C., S.T. and SEBC.

Process of application:

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

Selection of candidate:

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

Selection in case of direct recruitment:

14.1. The appointment shall be given on the recruitment basis of merit shown in the select list.

14.2. 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 requirement / viva-voce test and again immediately before the joining, if selected :-

16.1. H. S. C. or its equivalent examination as proof of age

16.2. Documents in support of educational qualification and experience

16.3. Certificate of caste/tribe/category, if claiming the reserved post.

Probation:

17.1. All the direct recruits shall be on probation for a period of one year from the date of their joining.

17.2. 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.

17.3. The Commission may extend the period of probation for a maximum period of one year in one or more installments if in the opinion of the Commission on the performance of the probationer has not been found up to its satisfaction.

17.4. The commission may dispense with the services of a probationer after giving him/her a month's notice and the probationer shall not be entitled to any compensation for the termination.

17.5. If a person is serving in the Government of Orissa or the Public Sector Undertakings of Government of Orissa and is selected for appointment in the Commission, he/she shall be allowed to keep his/ her lien over the post in the Government/Public Sector Undertakings till his confirmation in the Commission.

Reservation of Vacancy:

18. Vacancies shall be reserved for the candidates belonging to Scheduled Caste and Scheduled Tribe in accordance with the provisions contained in the Orissa Reservation of Vacancies in posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules framed thereunder and SEBC in accordance with the instructions of the State Government in force.

Training:

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

19.2. 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 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.

19.3. If an Officer is charged with misconduct during the period of training then he/she would be called back from training appropriate disciplinary proceedings 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 shall retire from the service of the Commission on attaining the age of superannuation in accordance with the prevailing rules of the State Government.

CHAPTER 5

RENUMERATION AND OTHER BENEFITS

Pay Scale:

21.1. The pay scale of the Officers/Staff shall be as provided in the Appendix III.

21.2. 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 Orissa

21.3. The Officers and staff of the Commission shall be entitled to D.A. etc. as admissible to corresponding grade of officers/staff under the Government of Orissa.

21.4. The house rent, the conveyance and wages of a servant will be reimbursed to the entitled persons at the rates as determined by the Commission from time to time.

21.5. Officers 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 Orissa.

Subscription to the Provident Fund:

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

Retirement Benefits:

23.1. The pensionary and other benefits will be sanctioned and paid by the Commission.

23.2. The pensionary services rendered by an Officer/Staff under the Government of Orissa/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 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:

24.1. The period of service of the personnel under the Government of Orissa/Public Sector Undertakings as the case may be, shall be treated as continuous for the purpose of all service benefits.

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

Contract Service:

25. In the exigencies of Public service and after recording reasons therefore the vacant posts in the Commission may be temporarily manned through contract service for a period not exceeding two years.

Power of relaxation:

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 rules and services code:

27.1. The Orissa Civil Services (Classification, And Service Code Control and Appeal) Rules, 52 as amended from time to time shall be applicable, mutatis-mutandis to the officers/staff of the Commission, provided the reference in the said rules regarding consultation with the Orissa Public Service Commission and the appeal / review of the orders by the Governor shall not be applicable. The appeals against the original orders of the subordinate authority in the disciplinary proceedings shall lie to the Chairman, and the appeals against the original orders of the Chairman in the disciplinary proceedings shall lie with the Commission. The applicability of the rules above shall be subject to the condition that in case of any conflict between the rules and these regulations, the later shall prevail.

27.2. Except as otherwise provided in these regulations the other conditions of service of the Officers and staff of the Commission shall be regulated by the relevant rules in force of the State Government for its employees.

Applicability of coduct rules:

28. The provisions of the Government Servants Conduct Rules, as applicable to the employees of Government of Orissa shale also be applicable to the employees of the Commission subject to the condition that in case of any conflict between those rules and these regulations the later shall prevail.

Interpretation:

29. If any question arises relating to the interpretation of these regulations the interpretation of the Chairman of Orissa Electricity Regulatory Commission will be final.

Appendix I

Appendix II

Appendix III

By order of the Commission

S. K. JENA

Director (Administration)

APPENDIX I

NAME OF THE POST

MINIMUM REQUIRED QUALIFICATION

ADDITIONAL QUALIFICATION DESIRABLE

1. Adviser to the Commission

1. Graduate degree from a recognised university.

2. Experience and expertise in any of the fields of electricity sector, law, finance, management, accountancy and economics.

3. Excellent written and verbal communication skills.

2. Director of Engineering

1. Graduate degree in Electrical / Power Engineering.

2. 15 years of engineering experience with at least five years at management level in large power utilities with generation, transmission & distribution facilities.

3. Good written and verbal communication skills.

1. Experience in the development of electricity tariffs.

2. Experience in commercial issues, or power purchase agreements.

3. Director of Law

1. Degree in law from recognized University / law school.

2. Eligible to practice law

3. 15 years of professional experience or similar experience under Central/State Government.

4. Excellent written and verbal communication skills.

5. Specialization on the subject of Commercial Laws.

1. Demonstrated knowledge in power sector.

2. Experience in providing legal advice on commercial issues.

3. Litigation experience.

4. Experience in drafting statutes and /or regulations.

5. Experience in contract and/or administrative law.

4. Director of Tariff

1. Post-graduate degree in Economics or Graduate degree in Electrical/Power Engineering.

2. 15 years experience as a professional economist or Professional Engineering experience of which at least five years include managing professional staff.

3. Experience in the development of tariffs in power sector utilities.

1. Experience in commercial enterprise.

2. Demonstrated capability in analytical modeling.

3. Good written and verbal communication skills.

5. Director (Admn.)

1. Graduate degree from a recognized university.

2. 15 years experience in administrative post at management level dealing with Human Resources Development, personnel, and/or procurement.

3. Excellent written and verbal communication skills.

4. Knowledge of Government accounting and budget procedure.

1. Experience in managing a Government organization.

6. Commission Secretary

1. Graduate degree from a recognized university.

2. 10 years judiciary or administrative experience out of which 5 years at management level.

3. Demonstrated ability to organize complex tasks.

4. Excellent written and verbal communication skills.

1. Work experience in a Government organization.

2. Demonstrated knowledge and/or experience in a regulated industry or with a regulatory body or in a judicial body.

7. Joint Director of Engineering

1. Graduate in electrical/power engineering.

2. 10 years experience with at least two years at the management level in large power utilities with generation, transmission and distribution facilities.

3. Good written and verbal communication skills.

1. Power system planning experience.

2. Operational experience in generation, transmission and distribution.

3. Familiarity with electricity tariff issues.

4. Experience in managing engineering professionals.

5. Demonstrated capacity in analytical modeling.

8.(a) Joint Director of Tariff (Economist)

1. Post-graduate degree in Economics or Finance.

2. 10 years professional experience in economic analysis.

3. Experience with managing staff.

4. Demonstrated capability in analytical modeling.

5. Experience in cost analysis and accounting.

1. Graduate degree in Macroeconomics

2. Demonstrated knowledge and/or experience in the power sector.

3. Good written and verbal communication skills.

4. Knowledge of accounting.

5. Experience in commercial enterprise.

8.(b) Joint Director of Tariff (Engineering)

1. Degree in Electrical/Power Engineering.

2. 10 years professional experience at the Management level in large power utilities with generation, transmission and distribution facilities.

3. Experience with managing staff.

1. Graduate degree in Macroeconomics.

2. Demonstrated knowledge and/or experience in the power sector.

3. Good written and verbal communication skills.

4. Knowledge of accounting.

5. Experience in commercial enterprise.

9. Joint Director of Law

1. Degree in law from recognized University or Law School.

2. Eligible to practice law.

3. 7 years of professional experience.

4. Excellent written and verbal communication skills.

1. Experience in utility or regulatory law.

2. Demonstrated knowledge in the power sector.

3. Litigation experience.

4. Experience in contract and/or administrative law.

10. Information Officer

1. 5 years of journalism (Press, T.V. or Radio) or public relations experience.

2. Excellent written and oral communication skills.

3. Background in financial or economic writing/analysis.

4. Computer skills, especially word processing, database and presentation programme.

5. Graduate degree in a relevant discipline such as in mass Communication, Journalism, or Business Economics from a recognized university.

1. Direct experience in two or more forms of media (Press, TV, Radio, Multimedia)

2. Knowledge of electricity industry.

3. Experience in writing corporate annual reports.

4. Experience in preparing and delivering public presentations.

11. Information Technology Manager

1. Graduate degree in Computer Science or related field.

2. 5 years experience in information technology management.

3. Experience in managing staff.

4. Good written and verbal communication skills.

12. Senior Economic Analyst

1. Post graduate degree in Economics, Finance or equivalent.

2. 7 years professional experience in financial analysis.

3. Experience in managing staff.

4. Demonstrated capability in analytical modeling.

1. Demonstrated knowledge and/or experience in the power sector.

2. Good written and verbal communication skills.

3. Knowledge of macroeconomics.

4. Knowledge of cost analysis and accounting.

5. Experience in commercial enterprise.

13. Senior Financial Analyst

1. Graduate degree in Accounting or equivalent.

2. Chartered Accountant.

3. 5 years professional experience in accounting.

4. Experience in managing staff.

1. Experience in commercial enterprise.

2. Demonstrated knowledge and/or experience in the power sector.

3. Good written and verbal communication skills.

4. Knowledge of accounting requirements for enterprises subject to Companies Act.

5. Knowledge of accounting requirements of governmental entities.

14. Deputy Director of Engineering.

1. Graduate degree in Electrical/Power Engineering.

2. 5 years experience with a large power utility with generation, transmission and distribution facilities.

3. Direct operational experience in transmission and distribution.

4. Good written and verbal communication skills.

1. Operational experience in generation / transmission / distribution.

2. Experience in commercial issues, power purchase agreements, and/or electricity laws.

3. Familiarity with electricity tariff issues.

4. Knowledge of economics.

5. Demonstrated capability in analytic modeling.

15.(a) Deputy Director of Tariff (Economist)

1. Graduate degree in Economics or Finance.

2. 4 years of professional experience in economic analysis.

3. Demonstrated capability in analytical modeling including spreadsheet and database skills.

4. Experience in managing staff.

1. Good written and verbal communication skills.

2. Knowledge of accounting.

15.(b) Deputy Director of Tariff (Engineering)

1. Graduate degree in Electrical/Power Engineering.

2. 4 years of professional experience in Power Sector at the Managerial level in large power utilities with generation, transmission and distribution facilities.

3. Experience with managing staff.

1. Good written and verbal communication skills.

2. Knowledge of accounting.

16. Information Technology Specialist

1. Degree in Computer Science or related field.

2. 2 years experience in information technology management.

3. Good written and verbal communication skills.

17. Assistant Legal Adviser

1. Degree in Law from recognized University or Law School.

2. Excellent written and oral communication skills.

3. Eligible to practice law.

4. 5 years of professional experience.

1. Experience in utility or regulatory law.

2. Demonstrated knowledge and/or experience in the Power Sector.

3. Litigation experience

4. Experience in contract and/or administrative law.

18. Accounts Officer

1. Graduate degree

2. Chartered Accountant or with minimum 10 years service in Orissa Finance Service.

3. Experience with managing office budgets and payroll in the context of GOO or GOL

1. Demonstrated computer skills, especially spreadsheet and database skills.

2. Good written and verbal communication skills.

19. Junior Financial Analyst

1. Graduate degree in accounting or equivalent.

2. Chartered Accountant

3. 3 years of professional experience in accounting.

4. Demonstrated capability in analytical modeling including spreadsheet and database

1. Knowledge of macroeconomics.

2. Demonstrated knowledge and/or experience in the power sector.

3. Good written and verbal communication skills.