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Union of India - Section

Section 30 in Joint Electricity Regulatory Commission (Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2019

30. Qualifications, terms of appointment and removal of Ombudsman.

(1)In terms of sub-section (6) of section 42 of the Act, the Commission may, from time to time, appoint or designate a person as the Ombudsman to discharge the functions in accordance with sub-section (7) of section 42 of the Act.
(2)The Commission may appoint or designate more than one Ombudsman for a licensee or a common Ombudsman for two or more licensees considering factors such as the number of representations received, disposal of representations within the specified time limit, ease of access for the consumers and the geographical area.
(3)The Commission shall invite applications through public advertisement for the appointment of the Ombudsman, and shall also form a Selection Committee for recommending names for the appointment of the Ombudsman by the Commission.
(4)The Ombudsman appointed by the Commission shall be a person of integrity, repute and standing preferably in the electricity sector having experience in any of the areas viz Law, Management, Engineering, Finance, Economics, Commerce, Public Administration who has served at the level of Joint Secretary to the Government of India or equivalent or as Additional District Judge or Superintending Engineer in the Government of India / State Government/State Power utilities or equivalent or General Manager in Schedule 'A' Central Public Sector Undertaking (CPSU) or equivalent in any public or private sector undertaking or a non-governmental organization whose level of experience in the opinion of the Commission can be treated as comparable to the aforesaid.Notwithstanding anything above, the Commission may designate any of its Officers to act as the Ombudsman.
(5)No person shall be appointed or be entitled to continue as the Ombudsman, if -
(a)he has been adjudged as an insolvent;
(b)he has been convicted of an offence which, in the opinion of the Commission, involves moral turpitude;
(c)he has become physically or mentally incapable of acting as an Ombudsman;
(d)he has acquired such financial or other interest as is likely to affect prejudicially his functions as an Ombudsman;
(e)he has abused his position so as to render his continuance in office prejudicial to public interest;
(f)he has been guilty of proven misbehaviour;
(g)he has been negligent towards his duties; or
(h)his consistent negligence towards the duties is established;
Provided that the Ombudsman shall not be removed from his office on any ground specified in this sub-regulation, unless the Commission has, on an inquiry, concluded that the person ought, on such ground or grounds, be removed.
(6)The Ombudsman shall, before entering upon his office, make and subscribe to, before the Chairperson of the Commission, an oath of office and secrecy in such manner and form as may be determined by the Commission.
(7)A monthly remuneration of Rupees Seventy Five Thousand and fifteen thousand as conveyance allowance shall be payable to the Ombudsman and all other terms and conditions for the appointment of the Ombudsman shall be such as may be determined by the Commission. He shall be entitled for economy air fare and shall be entitled for payment of daily allowance and local travel as applicable to class one officer of the level of Joint Secretary in the Central Government. He shall also be entitled for 12 days causal leave in a calendar year and reimbursement of expenses towards use of mobile for official purposes subject to a ceiling of Rs. 1000 per month.Notwithstanding the above, the Commission reserves the right to enhance the payment of monthly remuneration (excluding other allowances) to the Ombudsman upto 10% every year after evaluating various performance parameters assigned by the Commission.
(8)The Ombudsman shall hold office for a fixed term of three years and extendible for another term not exceeding three years;Provided that the Ombudsman shall not hold office as such after he attains the age of 65 years.
(9)The Ombudsman may, by giving three month's written notice or paying three months consolidated emoluments in lieu of the notice period, resign from his office.