Section 5 in The Haryana Electricity Reform Act, 1997
5. Conditions for appointment as member of the Commission.
(1)The members of the Commission shall be persons of ability, integrity and standing who have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to engineering, economics, commerce, finance, accountancy, law or administration and further that at all times -(a)at least one member shall be an electrical engineer with adequate experience of either generation, transmission or distribution of electricity;(b)at least one member shall have qualification and adequate experience in any of the order disciplines, namely economics, commerce, finance, accountancy, law or administration; and(c)the third member shall have the qualification and adequate experience in any of the disciplines mentioned above.The selection and appointment of the members at all times shall be made strictly in accordance with the above qualification and experience.(2)A person shall be disqualified from being appointed a member of the Commission if he is a member of Parliament or of any State Legislature or any local authority or holds any post in a political party.(3)The persons who are considered for appointment as members of the Commission shall notify the conveyor of the Selection Committee -(a)of any office, employment or consultancy agreement or arrangement which he has in his own name or in any form, association of persons or body corporate, or in the names of any relative, carrying on any of the following business -(i)generation, 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, distribution, supply or use of electricity; and(iv)any entity providing professional services to any of the businesses referred to in sub-clauses (i), (ii) and (iii) above;(b)such other details and information as may be prescribed in the rules.Explanation. - For the purpose of this section, the term relative shall have the same meaning as defined under Section 6 of the Companies Act, 1956.(4)The details received from the persons shall be placed for consideration of the selection committee at the time of selection and recommendation of the person for appointment as member.(5)Each member of the Commission shall, before taking charge of the office as member or within such time not exceeding three months after taking charge as may be allowed by the State Government on the recommendation of the Selection Committee, divest himself from the interest in the business mentioned in sub-section (3) of this Section as a condition of his appointment.(6)If a person to be appointed as a member of the Commission holds any office under the State or Central Government or any pubic sector corporation or any Government body he shall submit his resignation or take voluntary retirement from that service and shall not seek reappointment in the service of the Government or any Government corporation or body dealing with the power sector at any time after he ceases to be a member of the Commission.(7)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, he shall not acquire, hold or maintain, directly or indirectly any office, employment or consultancy arrangement or business mentioned in sub-section (3) of this Section and if he acquires any such interest involuntarily or by way of succession or testamentary disposition he will divest himself from such interest within a period of three months of such interest being acquired.(8)Before recommending any person as a member of the Commission, the Selection Committee shall satisfy itself that the person does not have any financial or other interest as referred to in sub-section (3) or otherwise which is likely to affect prejudicially his functions as a member.
