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Bhopal, the 19th February, 2001.
F-No.1086-3-20-13-98. -
In exercise of the powers conferred by sub-section
(1) of Section 57 read with sub-section (2) of
Section 19 of the Electricity Regulatory Commission
Act, 1998 (No. 14 of 1998), the State Government
hereby make the following rules relating the pay,
allowances and conditions of service of the Chairman
and Members of the Madhya Pradesh Electricity
Regulatory Commission, namely:-
PART I
1. Short
title and commencement-
(1)
These rules may be called the Madhya Pradesh
Electricity Regulatory Commission (Salary,
Allowance and other service conditions of the
Chairman and Members) Rules, 2000.
(2)
They shall come into force with effect from the
date of their publication in the "Madhya Pradesh
Gazette."
2.
Definitions- In these rules, unless
the context otherwise, requires;
-
"Act means the Electricity Regulatory
Commission Act, 1998 (No. 14 of 1998);
-
"Chairman" means the Chairman of Madhya
Pradesh Electricity Regulatory Commission
Established under sub section (1) of Section
17 of the Act;
-
"Government" means the Government of Madhya
Pradesh;
-
"Governor" means the Governor of Madhya
Pradesh
-
"Member" means the Member of Madhya Pradesh
Electricity Regulatory Commission established
under sub-section (1) of Section 17 of the
Act;
(2)
The words and expressions used but not defined
in these rules shall have the same meaning as
respectively assigned to them in the Electricity
Regulatory Commissions Act, 1998 (No. 14 of
1998).
3. Pay and
Allowance of Chairman and Members
(1) The Chairman shall receive pay of Rs.
26,000/- (fixed) per mensem and the members shall
receive a pay in the scale of Rs.
24,050-650-26,000/- per mensem:
Provided that in the case of an appointment as
Chairman or a Member, of a person who has retired
as a Judge of a High Court or who has retired from
service under the Central Government or a State
Government and who is in receipt of or has
received or has become entitled to receive any
retirement benefits by way of pension and/or
gratuity or other forms of retirement benefits,
the pay shall be reduced by the gross amount of
pension equivalent of service gratuity if any but
excluding pension equivalent of retirement
gratuity, drawn or to be drawn by him.
(2)
The Chairman or Members shall receive such
Dearness Allowance as is admissible respectively
to a High Court Judge and Officers of the Indian
Administration Service of the corresponding
grade in the State.
(3)
The Chairman shall be entitled to receive city
compensatory allowance and other allowances as
are admissible to High Court Judge. The Members
shall be entitled to City Compensatory Allowance
as is admissible to the Officers of Indian
Administrative Service of the corresponding
grade in the State.
4.
Accommodations-
The Chairman shall be entitled to rent-free and
furnish accommodation, water and electricity
facilities as permissible to the High Court Judges
under the provisions of High Court Judges
(conditions of service) Act, 1954 and rules made
accommodation as may be admissible to Principal
Secretaries on rental basis and rent will be
payable by them on the basis of rent payable by
Principal Secretaries of the State.
(2)
The Chairman or a Member is not provided with or
does not avail himself of the use of official
residence and resides in his own house, he may
be paid house rent allowance as admissible
respectively to a High Court Judge or to the
Officers of the Indian Administrative Service of
the corresponding grade in the State.
5. Facility of Conveyance. - (1)
The Chairman and the Members shall be
separately provided with a staff car and a
driver.
(2)
The Chairman shall entitled to 200 litres of
petrol for his car as per service conditions
applicable to High Court Judge. The Members
shall be entitled to 60 liter of petrol for
their cars for the purpose of local duty.
(3)
The Chairman and Members shall be entitled to
use Government vehicle for private purpose as
per rules applicable respectively to the High
Court Judge and officers of the Indian
Administrative Services of the corresponding
grade in the State.
6.
Traveling allowance.-
(1) The Chairman while on tour inside or outside the
State or on transfer (including the journey
undertaken to join the Commission or on the
expiry of his term with the Commission to
proceed to his home town) shall be entitled to
traveling allowance daily allowance,
transportation of personal effects and other
similar matters at the same scale and at the
same rates as are prescribed in the High Court
Judges (Travelling Allowance) Rules, 1956.
(2)
The members while on tour inside or outside the
State or on transfer (including the journey
undertaken to join the Commission or on the
expiry of his term with the Commission to
proceed to his home town) shall be entitled to
traveling allowance, daily allowance,
transportation of person effects and other
similar matters as is admissible to the Officers
of Indian Administrative Service of the
corresponding grade in the State.
7. Leave
Travel Concession - The Chairman and
Members shall be entitled to the leave travel
concession at the same rates at the same scales
and on the same conditions as per applicable to a
High Court Judge and to the officers of the Indian
Administrative Service of the corresponding grade
posted in the State respectively.
8. Leave
- (1) The Chairman and the Members shall be entitled
to earned leave at the rate of 15 days for every
completed six months of service. They shall also
be entitled to casual leave and other leaves as
admissible respectively to the High Court Judge
or to the officers of the Indian Administrative
Service of the corresponding grade in the State.
(2)
On the expiry of his term of office in the
Commission, a Chairman or a Member shall be
entitled to receive cash equivalent of leave
salary in respect of the earned leave standing
to his credit provided that the quantum of
leaves encashed shall not exceed 90 days.
(3) The Chairman and the Members shall be
entitled to received the dearness allowance on
the leaves salary under sub-rule (2) as
admissible at the rates in force on the date of
the relinquishment of the office in the
Commission:
Provided that he shall not be entitled for the
city compensatory allowance of any other
allowance on such leave salary.
9. Leave
sanctioning authority
- The Chairman shall be the authority
competent to sanction leave to the members. The
Governor of Madhya Pradesh shall be the authority
competent to sanction leave to the Chairman.
10.
Facilities for Medical Treatment
- The Chairman and the members shall be
entitled to medical treatment and hospital
facilities as are admissible to a member of the
Indian Administrative Service of the corresponding
pay levels in the Government.
11. Pension
- The Chairman and the Members of the
Commission shall not be entitled to receive any
pension and gratuity for the service rendered by
them in the Commission.
12.
Provident Fund
- The Chairman or a Member shall be
entitled to subscribe to provident fund at his
option, and in case of his so opting shall be
governed by the provisions of the Madhya Pradesh
General Provident Fund Rules, 1955.
13. Oath by
the Members
- (1)
The Chairman of the Commission shall before
entering upon his office, make and subscribe to an
oath of office and secrecy before the Governor in
the form annexed to these rules.
(2) Every member of
the Commission shall before entering upton his
office, make and subscribe to an oath of office
and secrecy before the Chairperson of the
Commission in the form annexed to these rules.
(Form of
an Oath of Office for Chairman/Member of the Madhya
Pradesh Electricity Regulatory Commission)
(See Rule 13)
I,
having been appointed as
Chairman/Member of the Madhya Pradesh Electricity
Regulatory Commission, do solemnly swear in the name
of God solemnly affirm that I will faithfully and
conscientiously discharge my duties as a
Chairman/Member and perform the duties of my Office
in accordance with law without fear or favour,
affection of ill-will.
Chairman/Member
Madhya Pradesh Electricity Regulatory Commission,
Bhopal
Bhopal
Dated the
..2000
By order and in the name of the
Governor of
Madhya Pradesh
D.R.S. Chaudhary, Secy.
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