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REGULATIONS, 2012

NATIONAL ELECTRIC POWER REGULATORY AUTHORITY SERVICE (AMENDMENT) REGULATIONS, 2012

[Gazette of Pakistan, Extraordinary, Part-I, 28th February, 2012]

S.R.O. 203(I)/2012.—In pursuance of Section 10(1) and Section 47(2) of the Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), the National Electric Power Regulatory Authority (NEPRA) is pleased to approve the following further amendments in the National Electric Power Regulatory Authority (NEPRA) Service Regulations 2003 (earlier notified vide S.R.O. 544(l)/2003, dated 12-06-2003), namely:–

WHEREAS it is expedient further to amend, add, insert, modify, omit and substitute some regulations in the National Electric Power Regulatory Authority Service Regulations for the purposes hereinafter appearing;

AND WHEREAS The National Electric Power Regulatory Authority intends to clarity certain regulations, specify criteria for promotion and seniority of employees;

 

Now THEREFORE The National Electric Power Regulatory Authority is pleased to make and notify the following regulations:—

1.       Short title and commencement.—(1) These regulations may be called the National Electric Power Regulatory Authority Service (Amendment) Regulations, 2012.

(2) These regulations shall come into force at once.

2.       General Amendments.—Throughout the NEPRA Service Regulations, the word "NEPRA" shall he substituted with the word "Authority" wherever applicable. Similarly, the words "regular employee, regular NEPRA employee, regular employee of NEPRA etc". shall be replaced with the word "employee".

3.       Amendment of Regulation 1.—In Regulation 1, in sub-regulation (3), the following shall substitute the first two lines of the original regulation, namely:—

"These Regulations shall apply to all employees appointed, on regular basis, by the Authority except:"

4.       Amendment of Regulation 2.—(1) In Regulation 2, definitions, the following shall substitute the first Paragraph, 2nd line, the sentence starting with 'subject to foregoing', namely:–

"Subject to the foregoing, all words used but not defined in these regulations, shall have the meanings assigned to them in NEPRA Act."

(2)     In Regulation 2, in sub-regulation (16), the word, "Federal" shall be inserted after the word, "the" and before the word, "Government".

(3)     In Regulation 2, in sub-regulation (18), in clause (a), the words, "in writing" shall be added after the word, "instructions" and before the word, "issued".

In Regulation 2, in sub-regulation (18), in clause (g) the last word after semicolon "and" shall be omitted and after clause (h), the following new clauses shall be inserted, namely:–

"i.      unauthorized communication of any official document or information to a person or organization not entitled to receive that;

j.        taking part in politics & elections;

k.       use of political or other influence by the employee in support of any claim arising in connection with his/her employment as such; and

l.        unauthorized communication with foreign missions and aid-giving agencies."

(5)  Insertion of new sub-Regulation 18 A.—In Regulation 2, after sub-regulation (18) and before sub-regulation (19), the following new sub-regulation shall be inserted, namely:—

"18-A. "NEPRA Act" means Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (XL of 1997) and subsequent Regulation of Generation, Transmission and Distribution of Electric Power (Amendment) Act, 2011 (XVIII of 2011)."

5.  Amendment of Regulation 3.—(1) In Regulation 3, in the beginning, for the words "There shall be two cadres of service as follows:", the following shall be substituted, namely:–

"(1)    There shall be two cadres of service. Within each cadre, there shall be designation-wise sub-cadres, for which separate seniority lists shall be maintained:"

(2)     In clause (a) of Regulations 3, in the sixth line, after the word "economics" and before the words "or", the words "management, IT" shall be inserted.

(3)     In Regulations 3, clause (b) shall be substituted with the following:

          "This cadre will comprise of employees who are employed for provision of services to the staff, professionals and Members of the Authority. The details of designations which fall in this group are provided in Appendix-2."

(4)     In Regulations 3, clause (c) shall be omitted.

6.       Amendment of Regulation 7.—The following new sub-regulations shall be inserted after sub-regulation (3), namely,—

(4)     SEEKING EMPLOYMENT OUTSIDE THE AUTHORITY

i.        The employees will be required to seek a 'No Objection Certificate' from the Chairman / Authority before applying for any post outside the NEPRA.

ii.       During the probation period, it will not be permissible for the employees to apply for jobs outside the NEPRA in any case and no NOC will be granted to this effect.

iii.      NOC may be granted to the employees to apply for a job outside the NEPRA not more than 'once' in a calendar year.

iv.      Applying for jobs outside the NEPRA without prior permission of the competent authority shall be treated as 'misconduct' and disciplinary action will be initiated against such employees.

7.       Amendment of Regulation 10.—In Regulation 10, the second sentence starting from "However an employee" and ending at "in lieu thereof shall be substituted with the following:

"In case an employee wishes to leave service before the age of superannuation, he/she may leave service upon tendering, his/her resignation to the Authority by giving one (01) month's notice or one (01) month's salary in lieu thereof, subject to approval by the Authority."

8.       Amendment of Regulation 13.—In sub-regulation (2) of Regulation 13, the words "comprising of V.C., one Member and D.G. of the concerned section" shall be omitted.

9.       Amendment of Regulation 14.—In Regulation 14, in sub-regulation (1) the semi colon appearing after the words "contingency basis" shall be substituted with full stop and thereafter the proviso shall be omitted and the following shall be inserted:

"However, employment on contingency basis shall be restricted to NSG 1 to NSG 4."

10.     Amendment of Regulation 17.—In sub-regulation (2) of Regulation 17, the full stop at the end of the sub-regulation shall be substituted with comma and thereafter words "which will not exceed 3 months in a calendar year." shall be inserted.

11.     Amendment of Regulation 19.—(1) In Regulation 19, sub-regulation (2) shall be omitted.

(2)     In sub-regulation (3), the words, brackets and figures appearing in the fourth line "sub-rule (1) and (2)" shall be substituted with the words, brackets and figure "sub-regulation (1)".

(3)     The sub-regulation (3) amended as aforesaid, shall be renumbered as (2), and sub-regulation (4) as (3).

12.     Amendment of Regulation 26.—(1) In Regulation 26, the word "REGULATORY" appearing in the marginal notes, shall be substituted with the word "GOVERNMENT".

(2)     In sub-regulation (1), the words "regulatory organization or an associated agency" shall be substituted with the words "Government Organization".

(3)     In sub-regulation (9), after the word "NEPRA" and before the full stop the words "and earns one assessment report" shall be inserted.

13.     Amendment of Regulation 27.—In Regulation 27, in the second line, after the words "for any duration" a full stop shall be inserted and the rest of the regulation shall be omitted. Thereafter, in the regulation, amended as aforesaid, the following shall be inserted, namely:—

"The trainee shall execute such documents as prescribed in Appendix-6 to these regulations. The trainee shall serve in NEPRA for a period of 2 years after completion of a course / training with a duration of more than six months. If the trainee leaves NEPRA before the completion of the requisite post-training service, he/she shall pay such amount out of the total training expenditure which shall be calculated on pro-rata basis (proportionate to his/her post-training service at NEPRA)."

14.     Insertion of new Regulation 27-A.—After Regulation 27 and before Regulation 28 the following new regulation shall be inserted, namely:—

"27-A.  SENIORITY.—The Authority shall cause a seniority list of all the regular employees to be prepared and circulated every year based on principles given below:–

(1)     If two or more persons are appointed through the same open advertisement or, if the post was not advertised, through the same selection procedure, their inter se seniority shall be determined in the order of merit assigned to them by the authorities competent to make selection and promotion and if no such order was assigned, the older in age shall be senior.

(2)     The employees who are selected for promotion to a higher post in one batch shall, on their promotion to the higher post, retain their inter se seniority as in the lower post.

(3)     Employees appointed through initial recruitment in a batch will be assigned seniority as per merit assigned by the authorities competent to make selection irrespective of earlier date of joining of any employee of that batch.

(4)     Employees eligible for promotion who could not be considered for promotion in the original reference in circumstances beyond their control or whose case was deferred while their juniors were promoted to the higher post, shall, on promotion, without supersession, take their seniority with the original batch.

(5)     The decision of Authority regarding seniority of employees, determined in the light of above criteria, shall be final."

15.  Amendment of Regulation 29.—(1) In sub-regulation (3) of Regulation 29, the words and earns an AAR for one full year' shall be inserted at the end of paragraph."

(2)     In sub-regulation (4), the words "to a post" shall be substituted with the words "against a clear vacant post".

(3)     Sub-regulation (6) shall be omitted.

(4)     The sub-regulations (3), (4) amended as aforesaid, (1), (2) and (5), shall be renumbered as (4), (5), (6), (1) and (7), respectively.

(5)     After amending the Regulation 29 as aforesaid, the following new sub-regulations shall be inserted,—

"(2)  Promotion cases of employees in NSG-2 to 6 and NPG-1 and above shall be processed on the basis of Seniority- cum – fitness. Fitness shall be assessed primarily on the employee’s work in the lower post (s) as reflected in his/her Annual Assessment Reports (AARs). Employees in NSG-1 shall be promoted on the basis of seniority only. AARs shall be quantified as per following details. Overall eligibility threshold to qualify for consideration for promotion shall be 75%.

Overall Grading of AAR

Points/ Weightage

Outstanding

10

Very Good

8

Good

7

Average

5

Below Average

1

Poor

0

(3)  The Authority shall meet to decide promotion cases of employees only once in each calendar year subject to availability of vacancies.

(8)  An employee who is on deputation to some other organization shall be eligible for consideration for promotion on his/her return from deputation and upon earning one assessment report in NEPRA. The term of deputation period shall be considered as service for promotion and assessment reports earned during that term shall be quantified/graded according to NSR."

16.     Amendment of Regulation 30.—(1) In Regulation 30, after the words "post or scale" the words "as a matter of right or” shall be inserted.

17.     Amendment of Regulation 31.—(1) In sub-regulation (1) of Regulation 31, the words "more than six months" shall be substituted with the words "three months or more”.

(2)  The sub-regulations (2), (3) & (4) shall be substituted with the following:

“(2)   Employee who has served under various reporting officers in different spells of time in a calendar year, his/her Annual Assessment Reports should be prepared by all Reporting Officers under whom he/she has worked for at least 3 months during that year.

(3)     The Annual Assessment Report shall be written by the immediate senior officer (i.e. Reporting Officer-RO), countersigned by the officer senior in rank to RO (i.e. Senior Reporting Officer-SRO) and endorsed by the officer senior in rank to SRO (i.e. Next Senior Reporting Officer-NSRO) in the chain of hierarchy, where applicable.

(4)     Performance evaluation of an employee shall not be made for the period during which she/he remains under suspension, on forced leave or absent from duty."

(3)  The following new sub-regulations shall be inserted after sub-regulation (4), namely,—

"(5)    The calendar year based performance procedure should be initiated in December of the relevant year and completed and countersigned by January of the next year. Any special assessment should be initiated immediately after the event necessitating such reporting and completed and countersigned within one month.

(6)     Only the evaluation reports with adverse opinion shall be communicated to concerned employee.

(7)     The comments of RO, SRO, NSRO in the AAR are mandatory where applicable. Administration will ensure that AAR is duly completed in this respect besides keeping all AARs secure and ensuring their confidentiality."

18.     Amendment of Regulation 55.—In Regulation 55, the words "one and a half times the basic pay last drawn" shall be substituted with the words "one gross salary (last drawn)".

19.     Amendment of Regulation 73.—(1) In Regulation 73, sub-regulation (1), after the words "salaries of the employee" the words "or equivalent to the balance of contributory fund and gratuity available with the Authority in the employee's account whichever is less" shall be inserted.

(2)     The sub-regulation (2) of Regulation 73, shall be omitted.

(3)     The sub-regulation (3)(i) shall be substituted with the following :

"A vehicle advance agreement, on the Authority approved proforma, is to be executed between the employee and the Authority.

(4)     In sub-regulation (3)(ii) of Regulation 73, the following sentence shall be inserted at the end:

"The employee shall also indemnify that the balance of contributory fund and the amount of gratuity available in his account with NEPRA shall serve as the collateral for the loan."

(5)     In Regulation 73, after sub-regulation (5), the following new sub-regulations shall be inserted, namely,—

(5)     Employees must have a minimum of three years of regular service at NEPRA to qualify for the advance.

(6)     Employees in grades NPG-1 and above shall be eligible for motor car advance and if the advance sanctioned to them exceeds Rs. 500,000/-, it would be mandatory for them to purchase a new car. Employees in NSG-1 to 6 shall be allowed to apply advance only for the purchase of a new motor cycle with the maximum limit of 
Rs. 100,000/-. Employees availing such advance shall submit the proof of the booking of vehicle within one month after issuance of loan by the Authority failing which the advance may be called back.

(7)     Employees shall be eligible to avail Motor Car/Motor Cycle advance only once during entire service at the Authority.

(8)     Employees having less than two years of service at their credit before retirement shall not qualify to apply for motor car / motor cycle advance.

(6)  The sub-regulations (1), (2), (3) amended as aforesaid, (4) and (5), shall be renumbered as (1), (2), (3) and (4), respectively.

20.  Amendment of Regulation 78.—(1) In Regulation 78, in sub-regulation (1), the rupee rates of daily allowances for officers & staff shall be substituted with the following:–

Rupees 
(Indexed upto lst July-2011)

(a)     NEG 1 & 2                     2,380/-

(b)     NPG1 – NPG 4               1,904/-

(c)     NSG5 & NSG 6              952/-

(d)     NSG1 – NSG4                476/-

(2)  In Regulation 78, in sub-regulation (2), the words "or as approved by NEPRA from time to time" appearing after the words "Federal Government" shall be deleted.

21.  Substitution of Regulation 79.–The Regulation 79 shall be substituted with the following:

"The employees while on tour may stay in a hotel of their choice or in rest house (list of hotels as Appendix-7) while on official duty other than the station of their posting and claim reimbursement of the room rent as per actual. In case of self arranged accommodation for which no receipt is produced, the rates for each night stay will be allowed as equal to 1.5 times of the daily allowance."

22.     Substitution of Regulation 94(1).—The sub-regulation (1) of Regulation 94 shall be substituted with the following:

"Outdoor Treatment For Minor Ailments–This will cover ailments of minor nature when the patient does not require stay in hospital and requires only consultation with a physician/general practitioner to obtain prescription and purchase of related medicines at facilities or hospitals designated by the Authority or from the open market. In case of treatment from NEPRA panel hospitals, 80% payment for such treatment shall be paid by NEPRA and 20% shall be charged to the employee.

If the treatment is availed from open market (other than the hospital on NEPRA panel), payment shall be reimbursed @ 80% of the actual cost or 80% of the cost of the same treatment (consultation and medical tests) at panel hospitals designated for the purpose, by the Authority, from time to time whichever is less.

This facility shall be available to all the employees and their families."

(2)  In sub-regulation (2) of Regulation 94,—

(a)     In clause (a), in the second line, after the word "declares" and before the word "that", the words and commas ", in writing," shall be inserted. In the same clause, in the same line, the word "as" shall be substituted with the words "would be".

(b)     In clause (c), in the fourth line, after the words "allowed for officers" a comma is inserted and the subsequent words & parenthesis "(presently Shifa International Hospital Islamabad)" shall be omitted.

(c)     In clause (d), in the fourth line, after the words "allowed for staff a comma is inserted and the subsequent words & parenthesis "(presently Ali Medical Center Islamabad)" shall be omitted.

23.     Substitution of Regulation 97(4).—The sub-regulation (4) of Regulation 97 shall be substituted with the following:–

"During hospitalization, the employees or their family members will be entitled to the following types of accommodation:

NSG-1 to 6: Upto a maximum of approved rate for General Ward of the designated panel hospital for staff.

NPG-1 to 4: Upto a maximum of approved rate of Semi Private Room of the designated panel hospital for Officers.

NEG-1 to 2:     Upto a maximum of approved rate of Private Room of the designated panel hospital for Officers."

24.     Amendment of Regulation 105.—(1) In sub-regulation (1) of Regulation 105,—

(a)     clause (b) shall be omitted.

(2)  In sub-regulation (2) of Regulation 105,—

(a)     clauses (b) & (d) shall be omitted.

(b)     the clauses (b) & (d) omitted as aforesaid, clause (c) shall be renumbered as (b).

(c)     after amending the sub-regulation (2) as aforesaid the following new clauses shall be inserted,—

          “(c)    Dismissal from service."

25.     Substitution of Regulation 115.—The Regulation 115 shall be substituted with the following:

The Authority may allow an advance by way of loan to a deserving employee in NSG-1 to NSG-6 for following purposes at terms determined by the Authority subject to a maximum of six (6) months' gross salary availed by the employee at the time of approval of advance, provided that the employee has completed at least six (6) years of continuous regular service with NEPRA.

(a)     Marriage of the employee and/or his/her children;

(b)     Medical treatment abroad of the employee and/or his/her children, parents;

(c)     Death of the employee's parents and/or his/her children;

(d)     Repair/Maintenance/Construction of employee-owned house;

(e)     Pursuing higher qualification by the employee.

 

26.     Substitution of Appendix-1.—The Appendix-1 shall be substituted with the following Appendix-1:

The Appendixs & Forms see Gazette of Pakistan at pages 548 to 565.