Electricity Regulatory Commissions Act, 1998
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 section 18.
(7) Notwithstanding anything contained in sub-section (5) or
sub-section (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.