Concept of 'baroozi'/ zilli Nabuwwat', Qadyaniat and 'Insan e Kamil'

The concepts of ‘baroozi’ and ‘zilli’ nabuwwat are distorted and incompletely understood forms of concept of ‘Insan e Kamil’. The concept of ‘baroozi’ nabuwwat says that Mirza Ghulam Qadyani is a ‘baroozi prophet’/ prophetic projection of our Nabi (saww). According to Qadyanis, in his prophetic projection, Mirza Ghulam Qadyani is a true reflection/ ‘zill’ of our Nabi (saww) and as such Mirza is a zilli prophet. Let us look into these identical concepts (i.e. ‘baroozi’ and ‘zilli’ prophet-hood in the light of concept of ‘Insan e Kamil’/ Reality of Muhammad’.

This concept of ‘Insan e Kamil’ is actually a logical outcome of ‘Theory of Wahdatul Wajood’ expounded by Ibne Arbi. According to Ibne Arbi’s theory, existence is only one i.e. the Creator who is present everywhere in this universe, and there is no room for any other existence in this universe because two entities cannot exist at the same place. Therefore he concludes this universe exists within  the Creator’s existence. The Creator is infinite/ undetermined but universe is finite/ determined. Where the Creator’s existence becomes finite/ determined, it no longer remains the Creator’s infinite/undetermined existence, rather it becomes creation. In other words, in one way this universe is the Creator’s existence; but, in other way, this universe is the creation. Ibne Arbi justifies this pattern of existence on the basis of our Nabi’s (saw) saying that “ Allah was a hidden treasure. When HE desired to be known, He created this universe/creation”. According to Ibe Arbi, God knows Himself through this universe and makes Himself known through this universe. In other words, God knows Himself as a subject through Himself as an object. Obviously, this process of knowing and being known is to be carried out by conscious beings/ creation through knowledge and self-realization. But every conscious being’s/human being’s knowledge and self-realization about God’s objective is not perfect; human beings stand at various levels of knowledge and self-realization about Ultimate Reality/ God. God cannot know Himself perfectly through human beings having imperfect knowledge and imperfect self-realization about God. That is why Ibne Arbi has taken resort to concept of ‘Insan e Kamil’.

‘Insan e Kamil’/ ‘Reality of Muhammad’ is an entity which is paragon of all Names of Allah and as such Divine knowledge is perfectly transmitted to that entity and that entity further transmits such divine knowledge to other prophets, saints and people.  In other words, ‘Insan e Kamil’ is a perfect eye through which God knows Himself perfectly.
 It may be noted that according to philosophy of 'Insan e Kamil', there is difference between the person of our Nabi (saww) and 'The Reality of Muhammad i.e. 'Insan e Kamil'. The person of our Nabi (saww) is only one manifestation of 'Reality of Muhammad/ 'Insan e Kamil', but the person of our Nabi (saww) has been elevated to embrace all attributes/Divine Names/ knowledge/ ‘Rehma’ assigned to 'The Reality of Muhammad/ 'Insan e Kamil'. In this way, the person of our Nabi (saww) is the true reflection of all attributes assigned to the entity of ‘Reality of Muhammad’/ ‘Insan e Kamil’.  Other prophets and saints may comprise of some of Divine Names assigned to 'Insan e Kamil'/ 'Reality of Muhammad' but the person of our Nabi (saww) is the embodiment of all attributes/  Divine Names/knowledge/ ‘Rehma’ assigned to the entity of 'Insan e Kamil'/ 'Reality of Muhammad', and as such comprises of all Divine Names bestowed upon all prophets and saints combined.In other words, the person of our Nabi (saww) is the perfect manifestation of the entity of 'Reality of Muhammad'/ Insan e Kamil' whereas other prophets and saints are imperfect manifestation of 'Reality of Muhammad' / 'Insan e Kamil'.

 In fact, ‘Insan e Kamil’/ ‘Reality of Muhammad’ is a Natural system/ Principle through which Divine knowledge is transmitted to all  prophets, saints and people. In this way, prophets, saints, and people belonging to various periods are manifestation of 'Reality of Muhammad'/ 'Insan e Kamil' in their respective periods to the extent they receive Divine knowledge from the ‘Insan e Kamil’/ 'Reality of Muhammad'. 

According to Qadyani view, Mirza Ghulam Qadyani also has been granted with such attributes of the ‘Reality of Muhammad’/ ‘Insan e Kamil’, which are relating to ‘nabuwwat’ and as such Mirza is ‘baroozi’/ prophetic projection of our Nabi (saww) who is embodiment of all attributes of the entity of ‘Reality of Muhammad’/ ‘Insan e Kamil’. Qadyani go further and maintain that Mirza Ghulam is not only prophetic projection of our Nabi (saww) but also a true reflection/ ‘zill’ of our Nabi (saww) in respect of all attributes of ‘Reality of Muhammad’/ ‘Insan e Kamil’. In this way, Qadyani are propagating either distorted or incompletely understood concept of ‘Insan e Kamil’/ ‘Reality of Muhammad’.

Form the foregoing it is clear that concept of ‘Reality of Muhammad’/ ‘Insan e Kamil’ does not equalize any prophet/ saint to the person of our Nabi (saww). Qadyani either mis-understood or distorted this concept of ‘ Reality of Muhammad’/ ‘Insan e Kamil’, and dare  equalize Mirza to our Nabi (saww) and declare him(mirza) similar to our Nabi (saww) in all aspects. This concept of ‘zilli’/ ‘baroozi’ prophet-hood is contradictory not only to the concept of entity of ‘Reality of Muhammad’/ ‘Insan e Kamil’ but also contradictory to Quran (plz see for details my article ‘Rebuttal of Qadyaniat’).

Mirza Qadyani tries to seek justification of his concept of ‘baroozi nabuwwat’ from the following verses:

“It is He who has sent among the unlettered a Messenger from themselves reciting to them His verses and purifying them and teaching them the Book and wisdom - although they were before in clear error” (Jummah-2)

“And [to] others of them who have not yet joined them. And He is the Exalted in Might, the Wise” (Jummah-3).

These verses say that the person of our Nabi (saww) has been sent to unlettered people; the person of our Nabi (saww) purifies them, and teaches them the Book and wisdom; the person of our Nabi (saww) does it all to those also who have yet not joined such Muslims ( because they have not yet born or because they have not yet become Muslims).

From these verses, Mirza Ghulam Ahmad Qadyani takes the plea that the person of our Nabi (saww) will purify and teach the Book and the wisdom to the Muslims coming later [coming after apparent life of our Nabi (saww)] through a  Nabi who will be ‘barooz’/ prophetic projection of our Nabi (saww). But Mirza has not taken into account the fact that according to concept of 'Reality of Muhammad'/ 'Insan e Kamil', every prophet/saint assumes attributes of 'Reality of Muhammad'; he does not assume the attributes of the 'person of our Nabi (saww). It means no Nabi may be prophetic projection of our Nabi (saww). If Mirza claims to be prophetic projection of 'Reality of Muhammad', it may be appreciated that the prophetic attribute of 'Reality of Muhammad' is a dormant quality/attribute which comes into play only through a person; such dormant attribute/quality itself cannot purify and teach the Muslims/people.  But the prophet (saww) mentioned in Jummah-2 is the person of prophet (saww) who is purifying and teaching the Muslims; it is not dormant prophetic attribute of 'Reality of Muhammd'; in other words, Mirza cannot be called a 'BAROOZ' of 'Messenger/Rasool' (saww) mentioned in sura Jummah-2, who is purifying and teaching the Muslims. There is difference between the person of our Nabi (saww) and the prophetic attribute of 'Reality of Muhammad"; the person of our Nabi (saww) is not only prophetic projection of 'Reality of Muhammad' but also paragon of all other attributes of 'Reality of Muhammad'; the person of our Nabi (saww) can act on his own, but the prophetic attribute of 'Reality of Muhammad' cannot act on its own.
Furthermore,  Mirza has not taken into account the fact that according to his plea, existence of two separate persons is established- first, the person of our Nabi (saww), and second the person of ‘baroozi’ prophet. But the verses mentioned above state about only one person because the word ‘Rasool’/Messenger is a singular word and that word means the person of our Nabi (saww). Now if Qadyanis claim that person of our Nabi (saww) and the person of so called  ‘baroozi’ prophet may be the one and the same, it will be not only deviation from the concept of 'Reality of Muhammad' but also the greatest joke and the highest insult to human intellect and scientific thinking. A person is the second name of life events he goes through; because every person undergoes different life events, every person is different from the other. Secondly if Mirza’s plea (that Muslims coming after our Nabi’s (saww) apparent life would be purified and taught by a so called ‘baroozi’ prophet) is accepted, it would mean that every generation of Muslims coming after our Nabi (saww) would be taught and purified by a ‘baroozi’ prophet, because the verse 3 states about all generations of Muslims who will later join the Muslims. We know that a prophet has not been sent for every generation of Muslims coming after our Nabi (saww); Mirza himself claimed ‘baroozi’ prophet-hood about thirteen hundred years after our Nabi (saww). Thirdly verse no. 4 of same sura i.e. Sura Jummah mentions that Prophet-hood is Allah's 'fazl' which means a thing which cannot be obtained by a person's efforts. Therefore Mirza's claim to 'baroozi prophet-hood' is a blatant lie.

In fact above mentioned verses mean that our Nabi (saww) has purified and taught not only the Muslims of his age, but he (saww)  will also purify and  teach the Muslims to come. Being ‘Rehmatallilaalemeen’, among the whole creation, our Nabi (saww) is the origin of all that is good and received by the people. Our Nabi’s (saww) teachings are still available in the form of Quran and Sunnah, and are the source of guidance for all human generations to come. It is in this sense that our Nabi (saww) is/will be purifying and teaching all Muslim generations to come.

Moreover, even today, there are some people who are able to get guidance directly from our Nabi (saww) and such people further disseminate such guidance to other people.

From the foregoing, we may conclude that ‘Qadyaniat’ is a distorted and mis-understood form of concept of ‘Reality of Muhammad/ ‘Insan e Kamil’. Misled by contents of this concept of ‘Reality of Muhammad/ ‘Insan e Kamil’, Qadyanis try to seek justifications from the Quran and Sunnah; but, in fact, Qadyanis dismally fail in getting any valid plea from Quran and Sunnah. On the other hand there are hundreds of texts from Quran and Sunnah which contradict Qadyani ideology. 'Reality of Muhammad'/'Insan e Kamil' is a philosophy which is brain-child of Ibn e Arbi. A man-made philosophy may not be taken as religious creed; but Qadyanis have adopted Ibn e Arbi's philosophy in distorted form as their religious fundamental creed.  Qadyaniat cannot be labelled as Divine religion sent down to Mirza Ghulam from the heavens; it is basically the religion which is distorted  form of handi- work of Ibn e Arbi.

Time and Space and Seven Skies

                   

We have already seen in my previous articles including titled ‘Time and Space-existence in pairs’  and titled ‘Time Travel’  that Time and Space are considered as a twin and interdependent phenomenon. Time is defined as a distance between two points in space. Simply speaking, if a person moves from point A to point B, the space travelled/ covered between points A and B is called Time to reach from A to B. in other words, if space between A and B is expanded, the time to reach from A to B will be expanded; and if the space between A and B is contracted/condensed, time to reach from A to B will be shortened. It means same event (in this case moving from A to B) will require more (expanded) time to happen, if space is expanded; as that event will require lesser time to happen, if space is condensed/ contracted. 

We have also seen that Time and Space exist in pairs. One form of Time is what is expanding as we move from the first sky to seventh sky; the other form of Time is what is contracting as we move from seventh sky to the first sky. Similarly one form of Space is what is expanding as we move from first sky to seventh sky and the other form of Space is what is contracting as we move from seventh sky to the first sky. This phenomenon of expansion/contraction of Time and Space reaches to such an extent that only one day (24 hours) spent in seventh sky is enough to see events happening in future fifty thousand years on earth. It means as we move from the first sky to upper skies, we actually move/travel into the future of earthly Time; in other words, we can travel into Time. Actually our Nabi (s.a.w.w) travelled into future Time, when he (s.a.w.w) went onto the ‘journey of Meraj’; during this journey our Nabi (s.a.w.w) witnessed events which would take future thousands of years to happen on earth according to earthly Time.

We have also seen in my article ‘Nature of Space and Dark Matter’  that actually contraction of Space means contraction of Dark Matter which is spread everywhere at every point of Space; and expansion of Space means expansion of Dark Matter. In other words, expansion/contraction of Time and Space at a certain point depends upon the expansion/contraction of Dark Matter present at that certain point of Space. The seven skies are found in layers one above the other. Space and Time are seen comparatively more contracted on earth as we move from the 1^st sky to upper skies; this gradual contraction in Space and Time on earth is due to the factor that  Dark Matter in first sky (being beneath of all upper skies) is depressed gradually more as compared to Dark Matter contained by upper skies as we move from first sky to upper skies. In other words, Space and Time are expanded as we move from first sky to upper skies because Dark Matter expands as we move from first sky to upper skies.

We have also seen in ‘Universe Travel within Man’s Life Span’  that gradual expansion of time- as we move from first sky to upper skies- which results in gradually slower happening of events is due to gradually more expansion of Dark Matter as we move from first sky to upper skies. This phenomenon results in gradually slower happening of events as we move from 1st sky to upper skies. This is the special arrangement made by Allah for man to travel through this universe within man’s life span. This special arrangement provides for such paths which run through such a low density Dark Matter space which may reduce (up to 18250000 times)  time required for an event to happen on earth.  Man, treading upon such low density Dark Matter paths, would be able to travel through galaxies within a few years- the galaxies which according to earth time require millions of years to be traversed through.

Now we deal with the question how much Time (as compared to earthly Time) may be reduced to get an event happened in each of seven skies, as we move from first sky to seventh sky.

From sura al-maarij it is clear that Time may be reduced by 18250000 times on seventh sky as compared to earthly Time required for an event.  Sura al-maarij states that “Lord of the Ascending Stairways. The angels and the Spirit will ascend to Him in a Day the extent of which is fifty thousand years” (al-ma,arij-3,4). These stairways or gates are used by Hazrat Gabrael (as) and other angels to reach to such divine proximity from where they receive commandments from Allah, and such ascendance of angels from earth to seventh sky happens within a DAY (twenty four hours) which is actually equal to fifty thousand years on earth. It means events happen quicker on 1st sky as we move from 1st sky to upper skies; the events occurring in fifty thousand years on earth take one day/24 hours to occur on seventh sky. In other words, one second spent in the seventh sky would be equal to 211.22 days spent on earth; it means the events which are seen to be happened  in one second in seventh sky would happen in 211.22 days on earth. In other words, Time may be reduced by 18250000 times on seventh sky to get an event happened on earth. That is why Allah states: “Indeed, they see it [as] distant, But We see it [as] near”(al-ma,arij-6,7).

Similarly Quran has mentioned about frame Time and Space of the first sky:

“He arranges (every) affair from the sky to the earth, then it (affair) will go up to Him, in one Day, which length is a thousand years of your reckoning (i.e. reckoning of our present world's time)”[al-sajdah-5].

This above verse states about management of affairs in the first sky, and Allah says that every affair He manages goes to Him in a day whose length is one thousand years as per our earthly Time. It means one thousand years on our earth is equal to maximum one day in the outer most limits of first sky. In other words, events happened in one day in the outer most limits of first sky would happen on earth in one thousand years; it means time for an event to happen on earth may be reduced up to 365000 times in the outer most limits of first sky.

Now we have an outline of pattern of reduction of Time for an event to happen-as compared to earthly Time- as we move from the first sky to the upper skies. According to this pattern, we may reduce Time upto 365000 times in the first sky and upto 18250000 times in the seventh sky, as compared to earthly Time. Taking lead from the phenomenon of making of waves when a stone is dropped into pond of water, we may assume (as every wave at the greater distance  from the dropping point tends to be more expanded than the wave nearer to the dropping point) that in every upper sky Space and consequently Time is more expanded than the lower sky. Between the two limits (i.e. reduction of Time upto 365000 times in the first sky and upto 18250000 times in the seventh sky, as compared to earthly Time) , the pattern of reduction of Time in the seven skies may be estimated by calculating how many years on earth are equal to one day in each upper sky. This calculation is based on the presumption that variance in expansion of Space/Time between every two adjacent skies is the same/constant. Based on this premise, we may have following calculation: 

Sky Description     Day on Sky     Years on Earth     Reduction in Time
                                                                                   as compared to earthly Time

1^st sky……………… one day=====1000 years======365000 times

2^nd sky……………....one Day===9166  year=======3345590 times

3^rd sky………………one Day===17332 years========6326180 times

4^th sky………………one Day====25498 years======9306770  times

5^th sky………………one Day====33664 years======12287360 times

6^th sky……………..one Day====41830 years=====15267950 times

7^th sky …………….one Day====49996 years======18248540  times

This above calculation has been made by keeping variance in expansion of Time between every two adjacent skies as constant i.e. 8166 years. We may notice that one Day in seventh sky is equal to 50,000 years on earth; but in above calculation it is 49996 years instead of 50,000. Actually this difference may be removed by adding fraction to the constant i.e. 8166. This calculation reveals that Time required for an event to be happened on earth may be reduced by 18248540 times for the same event to happen on the seventh sky.
This explains how completion of the 'Journey of Meraj' was possible in a very short period  of earthly time. Our Nabi (s.a.w.w) travelled with immense speed (may be with speed of light) from earth to first sky. When he (s.a.w.w) reached outer limits of first sky, Time was reduced by 365000 times; when he (saww) reached the second sky, Time was reduced by 3345590 times; and so on so forth when he (saww) reached seventh sky Time was reduced by 18248540 times as compared to earth Time. By reduction of Time means,  Time required for an event to happen is reduced; in other words, reduction by 18248540 times means at seventh sky Time required for happening an event is reduced by 18248540 times as compared to earthly time; if an event takes 1 min to happen on earth, it will take 1/18248540 min to happen on seventh sky. On seventh sky and beyond, our Nabi (saww) spent a short period of Time and witnessed in that short period of Time, some events which would take future thousands of years to happen as per earthly Time. Apart from seven skies, there is another frame of Time and Space which I call Allah's frame of Time and Space (for details plz see my article 'Fana fillah and baqi billah-a scientific notion"; in this frame, Time and Space become infinitely expanded and resultantly Time for an event as compared to earthly Time is reduced infinitely. That is why in Allah's frame of Time and Space, all stages of all events beginning from the start of creation to the end of creation, may be witnessed simultaneously at the same point of Time (actually Time, being infinitely expanded, cannot be measured in Allah's frame of Time and Space). Now you can appreciate how journey of 'meraj' was possible in a very short period of Time; as our Nabi (s.a.w.w) moved to upper skies Time was tremendously reduced as compared to earthly time.

Triangle of Dark Matter, Space and Time and Ageing Process

                 

It is not phenomenon of Time and Space which explains why events happen quicker at some points in Space and slower at some other points; rather it is triangle of Time, Space and Dark Matter which explain variations in quickness of events in this universe.  One implication of this fact is that by changing density of Dark Matter we can control speed of all matter phenomenons including human ageing process.

It is usually considered that Time and Space are a twin and interdependent phenomenon. Time may be defined as a distance between two points in space. Simply speaking, if a person moves from point A to point B, the duration required for space travelled/ covered between points A and B may be called Time to reach from A to B. In other words, if space between A and B is expanded, the time to reach from A to B will be expanded; and if the space between A and B is contracted/ condensed, time to reach from A to B will be shortened. It means the same event (in this case moving from A to B) will require more (expanded) time to happen, if space is expanded; and the same event will require lesser time to happen, if space is condensed/ contracted.

We have already seen in my articles “Time Travel”  and “Time and Space-existence in pairs”  that events happen quicker on 1st sky as we move from 1^st sky to upper skies; it means space starts contracting/ condensing more as we move from seventh sky to 1^st sky. In other words, space starts expanding more as we move from 1st sky to upper skies. It means both time and space contract on earth more as we move from 1^st sky to upper skies. Thus, by spending a few seconds in upper skies, we can see the events happening in future hundreds of years on earth. It means we can draw conclusion that mankind can travel in time; this is what has been actually done by Hazrat Muhammad (saw) during ‘journey of Meraj’.

In the article “Time and Space-existence in pairs”,  we have also seen that space is not equally expanded or contracted throughout in a sky; it may happen that in the same sky, space is more expanded at some places and more contracted at some other places. In other words, space and time have various degrees of expansion and contraction not only in different skies but also in the same sky. It means in the same sky, events may occur comparatively quicker at some places, and comparatively slower at some other places. This fact may be substantiated on the basis of Hazrat Uzair’s story mentioned in Quran.

We have seen in my article “Origin of the Universe and Dark Matter” that Allah has created ‘darkness’ and ‘the light’. We know that light is a form of matter; this form of matter was released during Big Bang and was gradually solidified into the form of universe as we find it today.
Space is not an empty entity; it can exert pressure on the universe/celestial bodies.   In other words, matter has two types- one contained in the celestial bodies/universe (created out of Big Bang) and the other contained in the space (since before Big Bang). We have also already seen my many previous articles particularly in the article “Reality of Creation-existence in pairs”, that everything exists in pair. Matter also exists in pair. The matter contained in the universe/celestial bodies (created out of Big Bang) is paired with matter contained in the space (since before Big Bang). The difference is that the matter contained in the celestial bodies/universe may be called ‘Luminous Matter’, because it is visible; and the matter contained in the space may be called ‘Dark Matter’, because it is invisible. Space exerts pressure on 'Luminous Matter' through  this 'Dark Matter'. Space is not empty entity; it contains 'Dark Matter'.

We have also seen in the article “ Nature of Space and Dark Matter”  that the creation and expansion of this universe is the outcome of interplay between the Luminous Matter and the Dark Matter. When this universe/Luminous Matter/ energy erupting out of singularity expands into the space with pressure, it pushes the space/Dark Matter around it; the more space/Dark Matter is being pushed, the greater it is being condensed. That is why space/Dark Matter is most condensed on the first sky which being at the bottom of seven skies is under the greatest pressure exerted by visible matter. That is why events happen quicker on earth as we move from first sky to upper skies (for details plz see my article "Time Travel"). 

From the foregoing it becomes clear that contraction/expansion of space and time depends upon how much Dark Matter is depressed; where Dark Matter would be depressed greater, space and time would be contracted greater; where Dark Matter would be depressed lesser, time and space would be contracted lesser or expanded more. Actually it is not Space which is contracted or expanded; it is Dark Matter which is depressed or expanded. Space contains all kinds of matter-visible and dark matter, without being effected by degrees of contraction/expansion of matter. Space and Time are eternal qualities of Allah (for details plz see my article “Time and Space-Allah’s Eternal Qualities”). As long as universe exists, Time and Space manifest themselves through Dark Matter; when creations will be extinguished,  Time and Space will manifest themselves without Dark Matter. Dark Matter is creation like visible matter; Dark Matter will be extinguished, when all creations will be annihilated. Dark Matter may be or may not be uniformly distributed throughout the space before Big Bang but after Big Bang, various degrees of  pressure exercised on Dark Matter by the Luminous Matter at various places convert Dark Matter into densities of various degrees at various points in space. Because Space is present everywhere covering every thing-the biggest or the smallest- in this universe; because events occur at every point of Space; and because it is density of Dark Matter which determines speed/quickness/slowness of every event, it means Dark Matter is present everywhere in Space.  This fact explains why events happen quicker at some points in Space and slower at some other points. Where density of Dark Matter is greater, events will happen quicker; where density of Dark Matter will be lesser, events will happen slower.

We may conclude that it is not phenomenon of Time and Space which explains why events happen quicker at some points in Space and slower at some other points; rather it is triangle of Time, Space and Dark Matter which explain variations in quickness of events in this universe.  One implication of this fact is that by changing density of Dark Matter we can control speed of all matter phenomenons including human ageing process.

Consultancy Services Rules

 Punjab Procurement Regulatory  Rules 2009, presently enforced in Punjab, have some deficiencies which create bottlenecks in the way to procuring required products/services with required quality standard. Some of these bottlenecks may be removed by devising such evaluation criterion in which quality oriented segments of  technical specifications may be assigned more weight-age than the segments which are not quality oriented. But this way of removing such bottlenecks may fail in cases of expertise which may not be properly quantified by the procuring agency through any evaluation criteria e.g. expertise of an individual lawyer, architect, singer, musician, artist, scholar or doctor. Moreover, this way of removing such bottlenecks may also fail in cases where procurement of required quality may not be ensured on the basis of 'Least Cost Bid'. Keeping in view these bottlenecks presented by prevailing Punjab Procurement Rules 2009, following Consultancy Services Rules are proposed to be adopted. These proposed rules are continuation of PPR Rules 2009 which end up at rule 59.

60.     (1) This chapter of Punjab Procurement Rules 2009 will be applied to procurement of consulting services as defined in this chapter.

(2). Rule 2 (h) will not be compulsorily applicable to this chapter of Punjab Procurement Rules 2009.

61. Definitions:- In this chapter:

(a) “Chapter” means Punjab Procurement Rules 2009 applicable to Procurement of Consulting Services;

 (b) “Consulting Services” mean consulting services involving technical/professional expertise which may be or may not be  intellectual or advisory in their nature and will include any of the following types:

i) Advisory or review;

ii) Pre-investment or feasibility study;

iii) Construction supervision;

iv) Management and related services;

v) Designing;

vi) Artistic; or

vii) Scholarly.   

c) “QCBS” means Quality and Cost Based Selection Method in which weight-age is given to both quality and cost as per specified formula;

d) “Least Cost Selection Method” means a method based on “lowest evaluated bid” as defined in rule 2(h);

e) “Single Source Selection Method” means a method through which consultancy services are procured without adopting competitive selection method or any other method of procurement described in PPR Rules 2009;

f) “Competitive Selection Method” means a method based on QCBS or Least Cost Selection Method;

g) “Special Counsel” means a counsel hired to defend a procuring agency in a court of law;

h) “Procuring Agency” means an agency authorizing the expenditures to be incurred on  procurement of consulting services.

62. Any expression not defined in this chapter will carry the same meanings as expressed in Punjab Procurement Rules 2009 and Punjab Regulatory Authority Act 2009.

63. Conflicting Rules: In case rules contained in this chapter are conflicting to other rules  contained in Punjab Procurement Rules 2009, the rules contained in this chapter will override such conflicting rules contained in Punjab Procurement Rules 2009.

64.  Supplementary provisions: Any activity relating to procurement of consulting services and mentioned but not explained in this chapter will be governed as per explanation contained in the relevant PPR Rules 2009, provided such PPR Rules are not conflicting to the Rules contained in this chapter.

64. Selection Methods:  Subject to rule 65, all types of consulting services mentioned in rule 61 (b) may be procured through adopting any one of the following selection methods:

a) Least Cost Selection Method;

b) Single Source Selection Method; or

c) QCBS Method

65. Single source selection method:   Single Source Selection Method may be applied to procure an individual’s consulting services in the following cases:

                                      i.        for a task that is a continuation of previous work that the consultant has carried out and for which the consultant was selected competitively;

                                         ii.    in an emergency situation resulting from a natural disaster;

                                        iii.    in urgency as stated in rule 42 (d)iii;

                                       iv.    when the expertise required may not be properly quantified through an evaluation criteria (e.g. expertise of an individual special counsel), an individual equipped with required expertise with required standard may be selected  through interview.

66. Quality and Cost Based Selection Method: Subject to rule 65, Quality and Cost Based Selection Method will be applied in only such procurements in which quality is a prime consideration but required quality procurement may not be ensured through “Least Cost Selection Method”.

67. Least Cost Selection Method: Save as otherwise provided in this chapter, Least Cost Selection Method through open competitive bidding will be the principal selection method for procurement of consulting services.

68.  Competitive Bidding: Subject to rule 69,  Quality and Cost Based Selection Method and Least Cost Selection Method will be adopted through competitive bidding as defined in rule 2 (c).

69. Exemption:- The Procuring agency may give first right of refusal to a public sector service provider organization participating in the competitive bidding process, provided such public sector organization is technically qualified.

70. General Considerations for Executing Agencies: The procuring agency is responsible  for selection of  consultants, and awarding, and subsequently administering, the contract. While undertaking the process of procuring consulting services, the procuring agency will take into account following considerations: 

1.    The need for high-quality services;

2.    The need for economy and efficiency;

3.    The value for money;

4.    The need for transparency and fairness; and

5.    The need to encourage and develop national consultancy resources, keeping with afore-mentioned considerations.

71.  Rights and Obligations of the Client and the Consultant. The rights and obligations of the procuring agency and the consultant will be governed by the provisions contained in the bidding documents, and General and Special conditions of contract between the procuring agency and the consultant.

72. Consultant Selection Committee (CSC). Every procuring agency, for the selection of consultants, shall set up a CSC consisting of odd number as detailed below:

(1)          Head of the procuring agency as defined in sec. 2 (l) will be the chairman;

(2)          Members;

(a)          One nominee of the P&D Department;

(b)         One nominee of the Finance Department;

(c)          A representative of the Procuring Agency to act as member/secretary;

(d)          At least one member from civil society having the technical/professional background in the relevant field;

(e)          Co-opted Member(s)- the CSC, with approval of its Chairperson, may co-opt  two non-official members, having adequate technical knowledge and experience in the relevant field, for assistance in a given assignment that requires technical input.

73. Quorum. Four members, including the CSC Chairman, representatives of the Finance Department and P&D Department, and at least one private member, shall form the quorum for conducting the business of the CSC.

74.  Decision by Simple Majority. All decision of the CSC shall be made by simple majority.

75.  Functions and Responsibilities of CSC. The CSC shall perform the following functions:

(1)          Preparation and publication of EOI; preparation of qualification and evaluation criteria to evaluate EOIs received; short listing of respondents to EOIs; preparation of Request for Proposal; preparation of TORs including required technical specifications and financial conditions; preparation of evaluation criteria to evaluate responses to RFP;

(2)          Finalization of recommendation for selection of consultants, based on evaluation criteria.

76.  Expression of interest (EOI) –

(1)          A request for EOI shall be advertised in accordance with the provisions of Rule 12 and Rule 13.

(2)          The EOI shall contain at least the following information:-

                                      (a)    The name and address of procuring agency;

                                     (b)    An appropriate description of the assignment providing scope of the  services required;

                                      (c)    Deadline and place of the submission of the EOIs;

                                      (d)    Conditions about technical and financial competence of the prospective bidder;

                                      (e)    Any other condition(s) required by the procuring agency;

                                       (f)    The evaluation criteria for short listing or prequalification (if applicable) may be provided separately;

                                      (g)    Any other information that the prospective respondent to EOI may require in order to submit his response to the EOI.

77.  Request for proposals (RFP)-

(1)      The procuring agency shall issue RFP for seeking proposals from the prospective bidders, or shortlisted Consultants, as the case may be, which shall include the following documents:-

(a)      Invitation to bid – The LOI shall mention the name and address of the procuring agency and shall also state the intention of the procuring agency to enter into a contract for provision of consulting services and contain names of all the short listed firms.

                                 (b)        Instruction to Consultants – The instructions to Consultants shall contain all necessary information that would help them prepare responsive proposals and shall bring as much transparency as possible to the selection system.

                                  (c)        Terms of reference (TOR) – TOR shall unambiguously state the objectives, goals and scope of the assignment; general and specific conditions of contract; delivery mode, schedule and place; qualifications and technical specifications;  financial conditions (if any); bid evaluation criteria; performance criteria. TOR shall list the services and surveys necessary to carry out the assignment and standard of required output. TORs will clearly state responsibilities to be performed both by the consultant and by the procuring agency.

                                  (d)        Submission of bids:. In case of open competitive bidding, the procuring agency shall specify the manner and method of submission and receipt of bids according to rule 36.

                                  (e)        Special provisions- The procuring agency will reserve the right to modify TORs, if required, after they are issued provided such modification is made known timely to all the short-listed or pre-qualified bidders.

                     

78. Award of Contract: The successful bidder as per selection criteria adopted and relevant terms and conditions contained in the bidding documents will be awarded the consulting service contract within period of bid validity.

79. Cost of consulting services: In terms of cost, the consulting services are divided into following categories:

 a)       Short consultancies. Short-term consultancies are consultancies with a value under Rs. 1.0 million for Individual Consultants and Rs. 5.0 million for consulting firms. The maximum period for short consultancy services will be six months. The hired individual/firm will be bound to make delivery within specified period; the hired individual/firm will not be paid for extended period he/firm will require to make required delivery.

 b)       Medium to Large Consultancies. Medium to Large Consultancies are consultancies with a value of Rs. 2.0 million or more for Individual Consultants and Rs. 5.0 million or more for Consulting Firms.

80.     Bar on hiring in case of Conflict of Interest.   A consultant/ consulting firm shall not be hired under the circumstances stated below:

(1)      Conflict of interest between consulting activities and procurement of goods, works or services (other than consulting services covered by these rules) –Any firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services (other than consulting services under the original assignment ) related to the project, resulting from or directly related to the firm’s consulting services for such preparation or implementation of the project. Alternatively, any firm engaged by the procuring agency to provide goods, works or services (other than consulting services) related to the project, and each of its affiliates, shall be disqualified from providing consulting services related to those goods, works  or services to be procured.

(2)      Conflict among consulting assignments.  Neither consultants (including their personnel and sub-consultants) nor any of their affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants.

(3)      Relationship with the procuring agency’s staff. Consultants (including their personnel and sub-consultants) that have a business or family relationship with a member of the procuring agency’s staff  who are directly or indirectly involved in any part of:

(a)   The preparation of the TOR of the contact,

(b)   The selection process for such contract, or.

(c)      Supervision of such contract;

may not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Procuring agency.

81.  Hiring of Government Officials and Academics. Government officials, civil servants and academics may be hired under consulting services contracts only if:

(1)          They are on leave of absence without pay;

(2)          They are not being hired by the agency they were working for, six months prior to going on leave; and

(3)          Their employment would not give rise to any conflict of interest.

82. Equal Access to Information. The procurement agency shall make available to all the short-listed consultants, together with the request for proposals and subsequently, all information on an equal opportunity basis.

83. Declaration of Ineligibility. The procuring agency may declare a consulting firm or individual consultant ineligible, either indefinitely or for a stated period of time, if it has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices, as defined under Rule 2(p), while competing for, or executing a contract or commits breach of contract.

 Such an action to bar a consultant or consulting firm, shall be duly publicized by the procuring agency and this information will be placed on PPRA web-site as well.

 84.  Criteria for short-listing of Consultants –

(1)          Whenever short-listing is deemed necessary, the procuring agency shall predetermine criteria for short listing. The short list will normally contain a minimum  three consultants. However, if less than three candidates apply; their proposals may be considered on merit.

(2)          The procuring agency while engaged in short listing of Consultants will take into consideration the following factors, namely:-

                                       (i)    Qualification;

                                      (ii)    Experience; and

                                     (iii)    Any other factor that a procuring agency may deem relevant, not inconsistent with Public Procurement Rules, 2009.

           

85.      Criteria for Evaluation of  Quality of Service Provider:.

(1) Evaluation of the Consultants. Evaluation criteria shall include, but not be limited, to the following:

(a)         Experience:  The consultants’ experience of working on the similar assignment;

(b)       Qualification: Qualification of service provider will be assessed to ascertain its appropriateness;

(c)         Financial Capability: Financial capability of the service provider will be assessed.

(d)         Understanding of the assignment:  The  methodology proposed by the service provider shall be evaluated to assess its innovativeness and soundness.

(f)          Quality Management (QM):  The availability of a well-established QM system may be taken into account for large and complex assignments.

86.     Intellectual Property Rights.

          (1)      All documents, reports, designs, research works and all deliverables prepared by the consultant shall become and remain the property of the procuring agency.

(2)      Any restrictions on the future use of all deliverables should be specified in the conditions of the contract.