Constitution of the Commission.

§3

Summary

(1) (a) There shall be a commission in the State to be known as the Uttar Pradesh Electricity Regulatory Commission to exercise the powers conferred on, and to performs the function assigned to, it under this Act ; (b) The Uttar Pradesh Electricity Regulatory Commission established and constituted under section 17 of the Central Act shall be the Commission under this Act and the Chairperson and Member thereof shall be deemed to have been appointed as such under this Act. (2) The Commission shall be a body corporate and its head quarter shall be at Lucknow. (3) The Commission shall consist of a Chairperson and two Member to be appointed by the State Government from amongst the persons possessing the following qualifications:- (a) one person having Bachelor's Degree in Engineering with experience of not less than twenty-five years in the field of generation, transmission or supply of electricity and having worked for at least two years on the post of a Chief Engineer or on any other post equivalent thereto in a State Electricity Board or any other utility ; (b) one person having Bachelor's Degree with experience of not less than twenty-five years in the field of administration and having held a post of Additional Secretary to the Government of India or a post equivalent thereto under the Central or the State Government and having at least five years' experience in one or more departments of finance, power, industry and commerce of Government ; (c) one person having Bachelor's Degree in any disciplines of Economics, Commerce, Accountancy, Law or Management with experience of not less than twenty-five years and having worked as a Professor in an Indian Institute of Management or as a whole time Director in a Public Financial Institution specified under section 4-A of the Companies Act, 1956 or as a whole time Director in a Scheduled Bank within the meaning of the Reserve Bank of India Act, 1934 or as a Joint Secretary to the Government of India or as a District Judge or has held any other post equivalent thereto. (4) Every appointment under sub-section (3) shall be made on the recommendation of the Selection Committee constituted under section 4. (5) Notwithstanding anything contained in sub-section (3) of sub-section (4), the State Government may appoint any person as the Chairperson from amongst the 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 the concerned High Court. (6) The Chairperson shall be the Chief Executive of the Commission. (7) The Chairperson and Members of the Commission shall be appointed whole time to exclusively discharge the functions of the Commission and they shall not hold any other post or undertake any other work. (8) Where the Chairperson is unable to discharge his functions owing to absence, illness or any other cause or where any vacancy occurs in the office of the Chairperson by reason of his death, resignation or otherwise, the senior most Member shall discharge the functions of the Chairperson, until the Chairperson resumes his duties, or, as the case may be, a chairperson appointed in accordance with the provisions of this Act assumes charge of his office. Explanation : The seniority of a Member shall be determined from the date of his appointment as Member. If two Members are appointed on the same date, the Member older in age shall be senior. (9) No act or proceedings of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

(1)     (a) There shall be a commission in the State to be known as the Uttar Pradesh Electricity Regulatory Commission to exercise the powers conferred on, and to performs the function assigned to, it under this Act ;      (b) The Uttar Pradesh Electricity Regulatory Commission established and constituted under section 17 of the Central Act shall be the Commission under this Act and the Chairperson and Member thereof shall be deemed to have been appointed as such under this Act. (2) The Commission shall be a body corporate and its head quarter shall be at Lucknow. (3) The Commission shall consist of a Chairperson and two Member to be appointed by the State Government from amongst the persons possessing the following qualifications:-     (a) one person having Bachelor's Degree in Engineering with experience of not less than twenty-five years in the field of generation, transmission or supply of electricity and having worked for at least two years on the post of a Chief Engineer or on any other post equivalent thereto in a State Electricity Board or any other utility ;     (b) one person having Bachelor's Degree with experience of not less than twenty-five years in the field of administration and having held a post of Additional Secretary to the Government of India or a post equivalent thereto under the Central or the State Government and having at least five years' experience in one or more departments of finance, power, industry and commerce of Government ;     (c) one person having Bachelor's Degree in any disciplines of Economics, Commerce, Accountancy, Law or Management with experience of not less than twenty-five years and having worked as a Professor in an Indian Institute of Management or as a whole time Director in a Public Financial Institution specified under section 4-A of the Companies Act, 1956 or as a whole time Director in a Scheduled Bank within the meaning of the Reserve Bank of India Act, 1934 or as a Joint Secretary to the Government of India or as a District Judge or has held any other post equivalent thereto. (4) Every appointment under sub-section (3) shall be made on the recommendation of the Selection Committee constituted under section 4. (5) Notwithstanding anything contained in sub-section (3) of sub-section (4), the State Government may appoint any person as the Chairperson from amongst the 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 the concerned High Court. (6) The Chairperson shall be the Chief Executive of the Commission. (7) The Chairperson and Members of the Commission shall be appointed whole time to exclusively discharge the functions of the Commission and they shall not hold any other post or undertake any other work. (8) Where the Chairperson is unable to discharge his functions owing to absence, illness or any other cause or where any vacancy occurs in the office of the Chairperson by reason of his death, resignation or otherwise, the senior most Member shall discharge the functions of the Chairperson, until the Chairperson resumes his duties, or, as the case may be, a chairperson appointed in accordance with the provisions of this Act assumes charge of his office. Explanation : The seniority of a Member shall be determined from the date of his appointment as Member. If two Members are appointed on the same date, the Member older in age shall be senior. (9) No act or proceedings of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

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