Title : THE ELECTRICITY REGULATORY COMMISSIONS ACT,1998
Year : 1998
(1) The State Government may, if it deems fit, by notification in the Official Gazette, establish, for the purposes of this Act, a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission.
(2) 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.
(3) The head office of the State Commission shall be at such place as the State Government may, by notification in the Official Gazette, specify.
(4) The State Commission shall consist of not more than three Members including the Chairperson.
(5) The Chairperson and the Members of the State Commission shall be the 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.
(6) 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 (7) 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 sub-section shall be made except after consultation with the Chief Justice of that High Court.
(8) The Chairperson shall be the chief executive of the State Commission.
(9) The Chairperson or any other Member of the State Commission shall not hold any other office.
(1) The State Government shall, for the purposes of selecting the Members of the State Electricity Commission, constitute a Selection Committee consisting of-
(a) A person who has been a Judge of the High Court -Chairperson;
(b) The Chief Secretary of the concerned State - Member;
(c) The Chairperson or a Member of the Central Electricity Authority - Member:
Provided that nothing contained in this clause shall apply to the appointment of a person as the Chairperson who is or has been a Judge of the High Court.
(2) No appointment of a Member shall be invalid merely by reason of any vacancy in the Selection Committee.
(3) 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.
(4) The Selection Committee shall finalise the selection of the Members within one month from the date on which the reference is made to it.
(5) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
(6) 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.
(1) 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,
(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.
(2) 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.
(3) The salary, allowances and other conditions of service of the Members shall not be varied to their disadvantage after appointment.
(4) 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.
(5) Notwithstanding anything contained in sub-section (1) or sub- section (2), a Member may-
(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.
(6) Any Member ceasing to hold office as such shall-
(a) Be ineligible for further employment under the Central Government or any State Government for a period of two years from the date he ceases to hold such office ;
(b) Not accept any commercial employment for a period of two years from the date he ceases to hold such office; and
(c) Not represent any person before the Central Commission or State Commission in any manner.
Explanation.- For the purposes of this sub-section-
(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.
(1) 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.
(2) 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.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office, the Member if he-
(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
(c) 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.
(4) 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.
(1) 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.
(2) 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.
(3) 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.
(4) The State Commission may appoint consultants required to assist the State Commission in the discharge of its functions on the terms and conditions as may be determined by regulations by the State Commission.
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