Electricity Act, 2003
83. Joint
Commission.-
1.
Notwithstanding
anything to the contrary contained in section 82, a Joint Commission may be
constituted by an agreement to be entered into--
a. by two or more
Governments of States; or
b. by the Central
Government, in respect of one or more Union territories, and one or more
Governments of States, and shall be in force for such period and shall be
subject to renewal for each further period, if any, as may be stipulated in the
agreement:
Provided
that
the Joint Commission, constituted under section 21A of the Electricity
Regulatory Commissions Act, 1998, and functioning as such immediately before
the appointed day, shall be the Joint Commission for the purposes of this Act
and the Chairperson, Members, Secretary and other officers and employees
thereof shall be deemed to have been appointed as such under this Act and they
shall continue to hold office, on the same terms and conditions on which they
were appointed under the Electricity Regulatory Commissions Act, 1998.
1.
2.
The
Joint Commission shall consist of one Member from each of the participating
States and Union territories and the Chairperson shall be appointed from
amongst the Members by consensus, failing which by rotation.
3.
An
agreement under sub-section (1) shall contain provisions as to the name of the
Joint Commission, the manner in which the participating States may be
associated in the selection of the Chairperson and Members of the Joint
Commission, manner of appointment of Members and appointment of Chairperson by
rotation or consensus, places at which the Commission shall sit, apportionment
among the participating States of the expenditure in connection with the Joint
Commission, manner in which the differences of opinion between the Joint
Commission and the State Government concerned would be resolved and may also
contain such other supplemental, incidental and consequential provisions not
inconsistent with this Act as may be deemed necessary or expedient for giving
effect to the agreement.
4.
The
Joint Commission shall determine tariff in respect of the participating States
or Union territories separately and independently.
5.
Notwithstanding
anything contained in this section, the Central Government may, if so
authorised by all the participating States, constitute a Joint Commission and
may exercise the powers in respect of all or any of the matters specified under
sub-section (3) and when so specifically authorised by the participating
States.