Union of India - Act
The Petroleum and Natural Gas Regulatory Board (Appointment of Consultants) Regulations, 2007
UNION OF INDIA
India
India
The Petroleum and Natural Gas Regulatory Board (Appointment of Consultants) Regulations, 2007
Rule THE-PETROLEUM-AND-NATURAL-GAS-REGULATORY-BOARD-APPOINTMENT-OF-CONSULTANTS-REGULATIONS-2007 of 2007
- Published on 30 November 2007
- Commenced on 30 November 2007
- [This is the version of this document from 30 November 2007.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definition.
3. Scope of work.
4. Period of engagements.
- Consultants will be engaged for the minimum period required. In no case will the maximum period of engagement exceed two years.5. Selection of Institutional Consultants.
6. Consultancy Evaluation Committee (CEC) and Consultancy Monitoring Committee (CMC).
7. Invitation or Expression of Interest.
8. Short List or Consultants.
| Sr. No. | Criteria* | Weightage |
| 1 | Past Experience of The firm | 40% |
| •Number of years experience | 15% | |
| • Past Experience of studies of similar nature. | 40% | |
| • Past experience in carrying out studies in relatedsectors. | 20% | |
| • Studies carried out in India in the oil & gassector. | 25% | |
| 2 | Experience of Key Personnel. (No. and details Of keypersonnel be given) Qualifications. | 40% |
| • Qualifications | 25% | |
| • Relevant Experience | 75% | |
| 3. | Financial Strength of the Consultant. | 20% |
| • Turnover figure for Last three Years | 40% | |
| • Net Profit Figure for Last three years | 40% | |
| • Net profit to turnover ratio | 20% |
9. Terms of Reference.
10. Request for Proposals.
11. Receipt of proposals.
12. Evaluation of proposals.
13. Selection by direct negotiation.
| 14. Selection of individual Consultants.- (1) Individual Consultants will be employed for assignments for which teams of personnel are not required, no additional outside (home office) professional support is required and where the experience and qualifications of the individual are the paramount requirement.(2) Individual Consultants will be selected on the basis of their qualifications for the assignment. Capability will be judges on this basis of academic background and relevant experience.(3) EOI route as stated above in case of institutional Consultants will be followed for drawing-out panels of candidates for different areas/sectors. The selection could be through the aforesaid CEC mechanism. During the course of the year, the concerned Member/Secretary may choose an appropriate individual from the panel. If required, EOI could be issued even during the course of the year.(4) For legal Consultants also, the EOI route as indicated above shall be followed. Fee shall be governed by the DOPT guidelines as stated below. For the Standing Counsel the Board shall get the panel of lawyers from the Ministry of Law. Their payments/fee shall be governed by the rules of Ministry of Law, Government of India.15. Fee and Other Charges.- (1) A consolidated fee up to a ceiling of Rs. 26,000 (rupees twenty six thousand) per month (with no DA, HRA, CCA or any other relief) would be payable to an individual Consultant on a whole time basis in line with the existing guidelines issued by the DOPT. This amount may be revised from time to time in line with Department of Personnel & Training (DOPT), Government of India guidelines.(2) In case of any special requirements at fee higher than that prescribed at (1) above, the Consultants could be appointed with the approval of the Chairperson/Board. Fee for such Consultants shall be decided by the Chairperson/Board on case to case basis.(3) The Board will reimburse TA/DA and telephone charges as per normal rules applicable to any serving officer of an equivalent rank in the Government.(4) These regulations regarding fees payable will also apply to former and retired Government servants engaged as Consultants. The shall be paid a consolidated amount of Rs. 20,000/- (Rupees twenty thousand) per month subject to the condition that the fee plus pension plus dearness pensions should not exceed the last pay drawn plus dearness pay. This also shall be governed by the guidelines issued by the DOPT from time to time. |
14. [] [Renumbered '16' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] Proposed form of contract.
15. [] [Renumbered '17' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] Confidentiality.
- Information relating to, evaluation of proposals and recommendations concerning awards shall not be disclosed to the Consultants who submitted the proposals or to other persons not officially concerned with the process, until the award of contract is notified.16. [] [Renumbered '18' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] Conflict of interest.
- Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients or that may place them in a position of not being able to carry out the assignments objectively and impartially.17. [ Procedure for selection of individual Consultants. [Inserted by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).]
- (1) Engagement. - The Board may engage such number of individual consultants in the fields of finance, economics, law, engineering, administration, logistics, business or such other disciplines related to the petroleum and natural gas sector as it may deem fit.18. [] [Renumbered '19' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] Saving of inherent power of the Board.
- Nothing in these provisions shall bar the Board from adopting a procedure which is at variance with any of the provisions of these Regulations, if the Board, in view of the special circumstances of the matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient to depart from the procedure prescribed in the regulations.19. [] [Renumbered '20' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] General power to amend.
- The Board may at any time and on such terms as it may think fit amend any provisions of these regulations for the purpose of meeting the objectives with which these Regulations have been framed.20. [] [Renumbered '21' by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).] Power to remove difficulties.
- If any difficulty arises in giving effect to any of the provisions of these regulations the Board may, by general or special order, do anything not being inconsistent with the provisions of the Act, which appears to it to be necessary or expedient for the purpose of removing the difficulties.[Schedule I] [Inserted by Notification No. F.No. S-Admn/II/XI/2012, dated 10.4.2012 (w.e.f. 30.11.2007).]| Class of Individual Consultant | Qualifications | Experience |
| Commercial | MBA (Finance), Chartered Accountant, CostAccountant or Masters degree in Economics/Commerce/OperationsResearch or equivalent from a recognized university orinstitution | (a) Experience indevelopment/ formulation of regulations; or(b)Computation ofpipeline transportation tariffs, pricing and other concernedcommercial and financial issues related to the oil and gassector; or(c) Detailed analysisof annual accounts of firms, loan appraisals for large projectsas done by the banks/financial institutions; or(d)Experience ofappraisal of large projects in the fields of oil and gasproduction, processing, transportation, storage, terminaloperation, distribution, marketing, etc.Desirable:(i) Previous exposureto Competition Law(ii) Membership of Institute of CompanySecretaries |
| Law | Law Degree from recognized University / LawSchool | Experience ininfrastructure sector on:(a)Drafting/vettingregulations, statutes and/or legislations; or(b) dealing withCourts/Appellate Tribunals matters; or(c) Settlingdisputes/arbitrationDesirable:Previous exposure to Competition Law |
| Infrastructure | Graduate Degree in Engineering/Masters degree inScience/Economics/Operations Research or equivalent from arecognized university or institution. | (a) Experience oftechno-economic project appraisal/evaluation/choice of projectinvolving large investments in the field of oil and gaspipelines, storage capacities, marketing infrastructure/city gasdistribution etc.; or(b)Experience indevelopment/formulation of regulations or familiarity with latesttechnological developments in the oil and gas sector; or(c) Experience insetting up of city gas distribution network, its operation andmaintenance; or(d) Experience inoperation and maintenance of oil and gas pipelines; or(e) Experience indrafting of technical standards/safety codes pertaining to oiland gas pipelines and installations.Desirable:Previous exposure to Competition Law |
| Distribution | Graduate Degree in Engineering, MBA inmarketing, Masters degree in Science/Economics/OperationsResearch or equivalent from a recognized university orinstitution. | (a) Experience inpolicy formulation in the Government in the marketing anddistribution of petroleum products/natural gas; or(b) Experience indevelopment/formulation of regulations in the oil and gas sector;or(c) Familiarity withlatest technological ,developments in the marketing of oil andgas; or(d) Experience infostering consume (interest in infrastructure.Desirable:Previous exposure to Competition Law |
| Office/Logistic Support | Graduate degree from a duly recognizedUniversity in India with consistent excellent academic record | Office Secretary/Personal Staff with experiencein MS Office and other internet applications, preparation ofpower point presentations |
| Any other sector | Graduate degree from a duly recognizedUniversity in India in the relevant field consistent excellentacademic record | (a) having worked atsenior level position in the infrastructure sector ; or(b) Recognition as anexpert in the relevant sector either through publication ofarticles or awards or public acclaim; Or(c)Professor/Reader/Lecturer of Business Management of anyrecognized University/Professional institute of India or abroad;or(d) HR. professionalswith experience in identifying sources for capacitybuilding/training.Desirable:Previous exposure to Competition Law |
| Category of Individual Consultant | Preferred experience in years |
| Level I | Upto five years |
| Level II | More than five to ten years |
| Level III | More than ten to fifteen years |
| Level IV | More than fifteen to twenty years |
| Level V | More than Twenty years |
| Level of Individual Consultant | Lump sum monthly remuneration |
| I | L50,000 with 10 per-cent increase on completionof each year |
| II | L75,000 with 10 per-cent increase on completionof each year, |
| III | L1,00,000 with 10 per-cent increase on completionof each year. |
| IV | L1,10,000 with 10 per-cent increase on completionof each year. |
| V | L1,30,000 with 10 per-cent increase on completionof each year. |