Establishment and incorporation of State
Commission.
- The State Government shall within three
months from the commencement of this Ordinance, by notification in the
Official Gazette, establish, for the purposes of this Ordinance, a (name
of the State) Electricity Regulatory Commission.
- The State Commission shall be a body
corporate by the name aforesaid, having perpetual succession and a
common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract and shall, by the said name, sue
or be sued.
- The head office of the State Commission
shall be at such place as the State Government may, by notification in
the Official Gazette, specify.
- The State Commission shall consist of
not more than three Members including the Chairperson.
- The Chairperson and the Members of the
State Commission shall be persons of ability, integrity and standing who
have adequate knowledge of, and have shown capacity in dealing with
problems relating to, engineering, finance, commerce, economics, law or
management.
- The Chairperson and the Members of the
State Commission shall be appointed by the State Government on the
recommendation of a Selection Committee referred to in section 18.
- Notwithstanding anything contained in
sub-section (5) or sub-section (6), the State Government may appoint any
person as the Chairperson from amongst person who is or has been a Judge
of a High Court:
Provided that no appointment under this clause shall be made except
after consultation with the Chief Justice of that High Court.
- The Chairperson shall be the chief
executive of the State Commission.
Constitution of Selection Committee by
the State Government.
- The State Government shall, for the
purposes of selecting the Members of the State Electricity Commission,
constitute a Selection Committee consisting of,C
(a) a person who has been a Judge of the High Court; - Chairperson;
(b) Chief Secretary of the concerned
State; - Member;
8 Chairperson or a member of the Central Electricity Regulatory
Authority - Member:
Provided that nothing contained in this
sub-section shall apply to the appointment of a person as the
Chairperson who is or has been a judge of the High Court.
- No appointment of a Member shall be
invalid merely by reason of any vacancy in the Selection Committee.
- The State Government shall within one
month from the date of occurrence of any vacancy by reason of death,
resignation or removal and six months before the superannuation or end
of tenure of any Chairperson or a Member, make a reference to the
Selection Committee for filling up of the vacancy.
- The Selection Committee shall finalise
the selection of the Members within one month from the date on which the
reference is made to it.
- The Selection Committee shall recommend
a panel of two names for every vacancy referred to it.
- Before recommending any person for
appointment as a Member, the Selection Committee shall satisfy itself
that such person does not have any financial or other interest which is
likely to affect prejudicially his functions as a Member.
Term of office, salary and allowances
and other conditions of service of Chairperson and Members.
- The Chairperson or other Member shall
hold office as such for a term of five years from the date on which he
enters upon his office, but shall not be eligible for re-appointment:
Provided that no Chairperson or other Member shall hold office as such
after he has attained,C
(a) in the case of the Chairperson, the age of sixty-five years, and
(b) in the case of any other Member, the
age of sixty-two years.
- The salary and allowances payable to
and the other terms and conditions of service of the Members of the
State Commission shall be such as may be prescribed by the State
Government.
- The salary, allowances and other
conditions of service of the Members shall not be varied to their
disadvantage after appointment.
- Every Member of the State Commission
shall, before entering upon his office, make and subscribe to, an oath
of office and of secrecy in such form and in such manner and before such
authority as may be prescribed.
- Notwithstanding anything contained in
sub-section (1) or sub-section (2), a Member mayC
a) relinquish his office by giving in writing to the Governor notice of
not less than three months; or
(b) be removed from his office in
accordance with the provisions of section 20.
- Any Member ceasing to hold office as
such shallC
(a) be ineligible for further employment under the Central Government or
any State Government for a period of two years from the date he ceased
to hold such office;
(b) not accept any commercial employment
for a period of two years from the date he ceased to hold such office;
8 not represent any person before the Central Commission or State
Commission in any manner.
Explanation. CFor the purposes of this
sub-section,C
(I) employment under the Central Government or under the State
Government includes employment under any local or other authority within
the territory of India or under the control of the Central Government or
a State Government or under any corporation or society owned or
controlled by the Government.
(ii) "commercial employment" means
employment in any capacity under, or agency of, a person engaged in
trading, commercial, industrial or financial business in the electricity
industry and includes also a director of a company or partner of a firm
and it also includes setting up practice either independently or as
partner of a firm or as an adviser or a consultant.
Removal of Members.
- Subject to the provisions of
sub-section (3), any Member of the State Commission shall only be
removed from his office by order of the Governor on the ground of proved
misbehaviour after the High Court, on reference being made to it by the
Governor, has, on inquiry held in accordance with the procedure
prescribed in that behalf by the High Court, reported that the Member,
ought on any such ground to be removed.
- The Governor may suspend any Member of
the State Commission in respect of whom a reference has been made to the
High Court under sub-section (1) until the Governor has passed orders on
the receipt of the report of the High Court on such reference.
- Notwithstanding anything in sub-section
(1), the Governor may by order remove from office the Member if heC
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence
which, in the opinion of the State Government, involves moral turpitude;
or
8 has become physically or mentally
incapable of acting as a Member; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member; or
(e) has so abused his position as to
render his continuance in office prejudicial to the public interest.
- Notwithstanding anything contained in
sub-section (3), no Member shall be removed from his office on the
ground specified in clause (d) or clause (e) of that sub-section unless
the High Court on a reference being made to it in this behalf by the
Governor, has, on an enquiry, held by it in accordance with such
procedure as prescribed in this behalf by the High Court, reported that
the Member ought on such ground or grounds to be removed.
Officers of the State Commission and
other staff.
- The State Commission may appoint a
Secretary to exercise and perform under the control of the Chairperson
such duties and powers as may be specified by regulations made by the
State Commission.
- The State Commission may, with the
approval of the State Government, determine the number, nature and
categories of other officers and employees required to assist the State
Commission in the discharge of its functions.
- The salaries and allowances payable to
and other conditions of service of the Secretary, officers and other
employees shall be such as may be determined by regulations with the
approval of the State Government.
- The State Commission may appoint
consultants required to assist the State Commission in the discharge of
its functions on terms and conditions as may be determined by
regulations by the State Commission.
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