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State of Jharkhand - Section

Section 6 in Jharkhand Water Resources Regulatory Authority Act, 2014

6. Constitution and function of the Search Committee.

(1)The State Government shall, by notification, constitute a search committee, for the purposes of making appointments of the Chairperson and Members under sub-section 5 of section 3. The Committee shall consist of :-
(i)the Chief Secretary, Government of Jharkhand : ex officio President;
(ii)the Chairman, Central Water Commission or his nominee who shall be the member of the Central Water Commission: ex officio Member;
(iii)the Principal Secretary, Water Resources Department, Government of Jharkhand. - ex-officio Member Secretary.
(iv)Director Indian institute of management Ranchi : ex-officio Member;
(v)The Principal secretary, Agriculture Department Government of Jharkhand: ex-officio Member.
(2)The State Government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal and six months before the superannuation or end of tenure of the Chairperson or the Member, make a reference to the Search Committee for filling up of the vacancy.
(3)The search committee while making recommendation of the Chairperson and the Members, shall have due regard to performance record, ability, integrity, character, qualification and experience of the person proposed to be selected as Chairperson or other Member as the case may be.
(4)The search committee shall try to finalize the selection of the Members within two months from the date on which reference is made to it.
(5)The search committee shall recommend a panel of two names for every vacancy referred to it.
(6)A person who is considered for selection as the Chairperson or a Member shall notify to the Search Committee :-
(a)of any office, employment or consultancy agreement or arrangement which the person or his relative has in his 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 business:
(i)diversion of surface water, distribution of water, extraction of ground water or supply of water;
(ii)manufacture, sale, lease, hire or otherwise supply of or dealing in machinery, plant equipment, apparatus or fittings related to water industry;
(iii)any entity providing any professional services to any of the business referred to in clause (i) and (ii) above.
(b)such other details and information as may be prescribed by the Search Committee.
(7)The details received from the persons referred to in sub-section (6) of the preceding section shall be placed for consideration of the Search Committee at the time of selection and recommendation of the person for appointment as the Chairperson or a Member.
(8)The Chairperson and each Member shall, before taking charge of the office, divest himself of the interest in the businesses mentioned in subsection (6) as a condition of his or her appointment.
(9)If a person to be appointed as the Chairperson or a Member holds any office under the State or Central Government or any public sector corporation or any government body or is gainfully employed or engaged in service by any other person, government authorities, public or private sector or otherwise, he shall submit his resignation or take voluntary retirement from that service before joining the Authority.
(10)So long as a person holds the office of the Chairperson or a Member and for a period of two years there after he ceases to be the Chairperson or a Member for any reason whatsoever, he 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 (6) and if he acquires any such interest by way of succession or testamentary disposition he will divest himself of the interest within a period of three months of such interest being acquired.
(11)Before recommending any person, the Search Committee shall satisfy itself that such person does not have any financial or other interest as referred to in sub-section (6) which is likely to affect prejudicially his functions as the Chairperson or a Member.
(12)All decisions of the Search Committee shall be by a majority.
(13)The procedure for selection and appointment of the Chairperson and the Members shall be such as may be prescribed.
(14)No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy in the Search Committee.