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State of Uttarakhand - Section

Section 20 in The Uttarakhand Water Tax on Electricity Generation Act, 2012

20. Establishment of commission.

(1)The Government may, within three months from the date of commencement of the Act, by notification, establish an Commission to be known as the State Commission for tax on electricity generation to exercise the powers conferred on, and to discharge the functions under this Act:Provided that till the Commission is established under the section, the Principal Secretary/Secretary, Irrigation may exercise the powers and discharge the functions of the Commission under the Act.[Sub-section (2) to sub-section (5) of hereby repealed.] [Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
(2) The Commission established under sub-section (1) 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, be the said name, sue or be sued.(3) The Head Office of the Commission shall be at such place as the State Government fix in this behalf.(4) The Commission shall consist of a Chairperson and not more than two Members.(5) The Chairperson and Members of the Commission shall be appointed by the State Government on the recommendations of a search committee referred to in sub-section (1) of section 22.
[21 to 25. [Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]***]
21. Qualifications for appointment of chairperson and Members of the Commission.- (1) The Chairperson shall be appointed from amongst persons who are either holding or have held a post not below the rank of Secretary to State Government and have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law, administration or management.(2) The Members of the Commission shall be persons of ability, integrity and standing who have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law or management :Provided that at least one Member shall be from amongst the persons who are either holding or have held a post 6ot below the rank of Chief Engineer or equivalent and having qualification and experience in the field of Hydropower Engineering.(3) The Chairperson or any Member of the Commission shall not hold any other office of the profit.(4) The Chairperson shall be the Chief Executive Officer of the Commission.22. Constitution of a search Committee.- The Government shall, for the purposes of selecting the Chairperson and Members of the Commission, constitute a search committee consisting of-{|
(a) Chief Secretary - ChairPerson;
(b) Principal Secretary Secretary Finance,Uttarakhand Government - Member;
(c) Principal Secretary/Secretary Irrigation,Uttarakhand Government - Member;
(d) Principal Secretary/Secretary Power, UttarakhandGovernment - Member;
(e) Principal Secretary/ Secretary Law, UttarakhandGovernment - Member;
(2)The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson or Member and six month before the superannuation or end of the tenure of the Chairperson or a Member make a reference to the search committee for filing up of the vacancy.
(3)The search committee shall finalize the selection of Chairperson or the Members, within two months from the date on which the reference is made to it.
(4)Before recommending any person for appointment as Chairperson or Member, the search committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as such Chairperson or Member.