17. ESTABLISHMENT AND INCORPORATION OF STATE COMMISSION. -
(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 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 Sec. 18.
(7) Notwithstanding anything contained in sub-section (5) or subsection
(6), the State Government may appoint any person as the
Chairperson from amongst persons 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.
18. CONSTITUTION OF SELECTION COMMITEE BY THE STATE
GOVERNMENT. -
(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
Regulatory 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.
19. TERM OF OFFICE, SALARY AND ALLOWANCES AND OTHER
CONDITIONS OF SERVICE CHAIRPERSON AND MEMBERS. –
(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 subsection
(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 Sec. 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 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,
(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.
20. REMOVAL OF MEMBERS. –
(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 subsection (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 Cl. (d)
or Cl. (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.
21. OFFICERS OF THE STATE COMMISSION AND OTHER STAFF. -
(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 terms and
conditions as may be determined by regulations by the State
Commission.