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Union of India - Section

Section 17 in The Petroleum and Natural Gas Regulatory Board (Appointment of Consultants) Regulations, 2007

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.
(2)Functions. - The individual consultants engaged by the Board shall discharge such functions as directed by the Chairperson in assisting the Board.
(3)Qualifications, experience and classification. - (a) The individual consultants to be engaged shall be classified on the basis of their qualifications and experience in the respective class as given in Schedule-I:Provided that the Board may also engage individual consultants from any other discipline as deemed necessary to assist the Board in the discharge of its functions under the Act.
(b)Subject to para (a) and depending upon the qualification, specialization and experience in respective disciplines, the individual consultants shall be categorized into five levels as given in Schedule II:
Provided that consultants of the category of office support/logistics with more than ten years experience shall all be treated as of Level III and thus there shall not be Level IV and Level V for them.
(4)Remuneration payable. - The remuneration to be paid by the Board to different categories of individual consultants shall be in accordance with Schedule III for professional specialists:Provided that the Board may, for reasons to be recorded in writing, agree to pay higher remuneration than those given in Schedule III or agree to pay remuneration on a per-diem basis derived from the levels given in Schedule III for part-time engagement in specially deserving cases.
(5)Evaluation of performance. - The performance of each individual consultant engaged under these regulations, with reference to the tasks assigned and output delivered, shall be reviewed periodically, within such time and manner, as may be specified by the Board.
(6)Procedure of selection. - (a) The individual consultants shall ordinarily be engaged by the Board on contractual basis for not less, than three months and not more than three years.[Provided that the Board in its discretion may extend the period for engagement of an individual consultant beyond three years.]
(b)The Board may decide, from time to time, the number of the individual consultants to be engaged
(c)After the number to be engaged is decided, as mentioned in para (b), the Secretary shall publish the number to be engaged with details of qualifications, experience needed and the remuneration payable on the official website of the Board and invite applications for each category and level of individual consultant giving a stipulated last date for the receipt of the applications for each category and level:
Provided that the Secretary may also invite the applications by suitable public notice for each category and level:Provided further that -
(i)the Board may select individual consultants in Level I through campus interview;
(ii)the Board may give option to the existing individual consultants/assistant consultants already working in the Board before the notification of the Petroleum and Natural Gas Regulatory Board (Appointment of Consultants) Amendment Regulations, [2018] [Substituted '2012' by Notification No. F.No. S-Admn/II/XI/2012, dated 23.3.2018 (w.e.f. 30.11.2007).] to opt for the remuneration payable and the terms and conditions as per the provisions after the commencement of the said amendment regulations without going through the selection process prescribed;
(iii)the individual consultants selected by the Board may re-apply against subsequent positions advertised or notified;
(d)The Chairperson shall constitute a selection committee for each category of individual consultant. The Board may invite eminent experts having special knowledge and experience in the relevant field to join the selection committees.
(e)The Secretary shall scrutinize the applications in accordance with these regulations and prepare lists of eligible candidates for each category to be called for interview.
(f)The selection committees mentioned in para (d) shall be convened with the approval of the Chairperson for each category and the Secretary or any other officer authorised by the Chairperson shall notify the date and the venue of the interview to the short listed eligible candidates sufficiently in advance.
(g)The recommendations of each selection committee regarding engagement for each category shall be placed by the Secretary for Chairpersons perusal and thereafter placed before the Board for a decision.
(h)On approval of the engagements by the Board as mentioned in para (g); the Secretary or any other officer authorized by the Chairperson shall inform each candidate in writing by an offer letter of engagement giving not less than fourteen days time to accept the offer of engagement.
(i)After receipt of acceptance from the selected candidates as per para (h), the Secretary or any other officer authorised by the Chairperson shall issue letter of engagement to each candidate giving not less than thirty days time to join:
Provided that the joining time may be extended by the Chairperson on being satisfied that extension is sought on circumstances beyond the control of the individual candidate.
(j)The Secretary shall inform the number of selected candidates who have joined in the next meeting of the Board and obtain approval of the [Chairperson] [Substituted 'Board' by Notification No. F.No. S-Admn/II/XI/2012, dated 23.3.2018 (w.e.f. 30.11.2007).] to restart the process of selection to fill up the shortfalls, if any, in the total number of individual consultants decided to be engaged as per para (b).
(7)Terms and conditions of engagement. - (a) The individual consultant, on having accepted the offer of engagement, shall enter into a contract, also having the confidentiality clause, with the Secretary, acting on behalf of the Board, detailing the terms and conditions of engagement before being assigned any work.
(b)The terms and conditions of engagement may be modified, in a specific case, where the Board deems it necessary.
(c)Without prejudice and in addition to the legal remedies available to the Board, the breach of agreement executed under para (a) by or on behalf of any individual consultant shall be considered a sufficient ground for termination of the engagement made under contract and may further debar such individual consultant from future engagement by the Board.
(d)The selected individual consultants shall be on probation for a period of six months. Based on their performance during the probation period, the appointment of the individual consultant may be confirmed by the Board for the balance period.
(e)In case the selected individual consultants desire to withdraw from the consultancy services, they may do so by giving three months notice. However, the Board reserves the right to terminate or curtail the consultancy period without assigning any reason by giving similar notice of three months.]