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State of Madhya Pradesh - Section

Section 5 in The M.P. Vidyut Sudhar Adhiniyam, 2000

5. Conditions for appointment as Member of Commission.

(1)The members of the Commission shall be the persons of ability, integrity and standing who have adequate knowledge and experience of, or have shown capacity in dealing with problems relating to engineering, economics, commerce, finance, law, administration or management and further that all times the Commission shall consist of,-
(a)one person having qualification and adequate experience in the field of engineering with specialisation in generation or transmission, or sub-transmission or distribution of electricity; and
(b)the two other persons shall have qualifications and adequate experiences in any of the other disciplines namely, economics, commerce, finance, law, administration or management :
Provided that not more than one member shall be appointed under any of the specific disciplines mentioned in clause (b).
(2)A person shall be disqualified from being appointed as a member of the Commission if the person is a member of Parliament or of any State Legislature or Chairperson or Member of any local authority.
(3)A person who is considered for appointment as a member of the Commission shall notify the Selection Committee,-
(a)of any office, employment or consultancy agreement or arrangement which the person or his or her relative, has in his or her own name or in any firm, association of persons or body corporate, owned or otherwise controlled by any of them carrying on any of the following businesses :-
(i)generation, transmission, sub-transmission, distribution or supply of electricity;
(ii)manufacture, sale or supply of any fuel for generation of electricity;
(iii)manufacture, sale, lease, hire or otherwise supply of or dealing in machinery, plant, equipment, apparatus or fittings for the generation, transmission, sub-transmission, distribution, supply or use of electricity; and
(iv)any entity providing any professional service to any of the businesses referred to in clauses (i), (ii) and (iii) above.
(b)such other information as may be prescribed by the rules or otherwise by the Selection Committee.
Explanation. - For the purpose of this section, the term "relative" shall have the same meaning as assigned to it under Section 6 of the Companies Act, 1956 (1 of 1956).
(4)Each member of the Commission shall before joining the Commission divest himself from the interest in the businesses mentioned in sub-section (3) as a condition of his appointment.
(5)If a person to be appointed as a Member of the Commission holds any office under the State Government or Central Government or Government of any other State or any public sector undertaking or any Government body or is gainfully employed or engaged in service of any other person, Government authority, public or private sector or otherwise, the person shall resign or take voluntary retirement from that service before joining the Commission.
(6)A person appointed as a Member of the Commission who ceases to be a member for any reason whatsoever shall not, thereafter at any time, be appointed in the service of the State Government or in any body Corporate or institution or undertaking owned or controlled by the State Government.
(7)A person appointed as a member of the Commission, who ceases to be a member for any reason whatsoever shall not at any time appear or otherwise represent any person before the Commission or appear for or on behalf of the Commission in any proceedings.
(8)So long as the person holds the office of the member and for a period of two years after he ceases to be a member for any reason whatsoever, the person shall not acquire, hold or maintain, directly or indirectly any office, employment or consultancy arrangement or any financial interest in any of the businesses mentioned in sub-section (3) and if the person acquires any such interest involuntarily or by way of succession or testamentary disposition the person will divest himself from such interest within a period of three months of such interest being acquired.
(9)Before recommending any person, the Selection Committee shall satisfy itself that the person does not have any financial or other interest, which is likely to affect pre-judicially his functions as a member.