Section 5 in The Orissa Electricity Reform Act, 1995
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, accountancy, law or administration and further that, at all times,-(a)at least one member of the Commission shall be an electrical engineer with experience of generation, transmission, distribution or supply of electricity; and(b)at least one member of the Commission shall have qualification in, and experience of, any of the disciplines of economics, commerce, accountancy, law or administration.(2)The selection and appointment of the members of the Commission shall at all times be made strictly in accordance with the qualification and experience mentioned in this Section.(3)A person shall be disqualified from being appointed as 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, or if he has any financial or other interest, directly of indirectly, in any private company or undertaking dealing with any of the business referred to in Clause (a) of Sub-section (4).(4)The persons who are considered for appointment as members of the Commission shall notify the covernor of the selection committee,-(a)of any office, employment or consultancy agreement or arrangement which he has in his own name or in any-firm, association or persons or body corporate or in the names or in any firm, association of persons or body corporate or in the names of any relative carrying on any of the following businesses.(i)generation, transaction, distribution of 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 business referred to in Sub-clauses (i), (ii) and (iii) above.(b)of such other details and information as may be prescribed in the rules.(5)All details received from the persons referred to in Sub-section (4) shall be placed for consideration of the selection committee at the time of selection and recommendation of the person for appointment as member of the Commission.(6)Each member of the Commission shall, before taking charge of the office as member divest, himself from the interest in all or any of the business mentioned in Sub-section (4) as a condition of his appointment.(7)If a person to be appointed as a member of the Commission holds any office under the State Government or Central Government or in any public sector corporation or Government body he shall submit his resignation or take voluntary retirement from that service and shall not seek re-appointment in the service of the State Government, the Central Government, any public sector corporation or Government body at any time after he ceases to be a member of the Commission.(8)So long as the person holds the office of a member of the Commission and after he ceases to be a member of the Commission 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 (4) and if he acquire any such interest involuntarily or by way of succession or testamentary disposition he will divest himself from such interest within a period of two months of such interest being acquired.(9)Before appointing any person as a member of the Commission, the State Government shall satisfy itself that the person does not have any financial or other interest as referred to in Sub-section (3).
