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State of Jharkhand - Section

Section 16 in The Jharkhand State Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers and Electricity Ombudsman) Regulations, 2011

16. Appointment and tenure.

(1)As per section 42 (6) of the Electricity Act 2003, the Commission shall appoint or designate an authority to be known as Electricity Ombudsman for settlement of consumer grievance concerning non-redressal of the consumer grievance by Forum established under Regulations 3 of these Regulations under section 42(5) of the Act. As per section 42(7) of the Act, the Commission makes the following Regulations regarding the time and manner in which the Ombudsman shall settle the grievances of the consumers.
(2)The Electricity Ombudsman appointed/ designated by the Commission should be an Electrical Engineer/Finance /Administrative / Legal officer with ability, integrity and standing, conversant with the working of the Electricity industry/consumer affairs and enjoying a high reputation. The person should have a minimum of 25 years of experience in his relevant field. Experience of working of Consumers' Grievance Redressal Cell/ Forum will be desirable. The minimum age of the person to be considered for appointment, as Electricity Ombudsman shall be 50 years.
(3)The Ombudsman shall hold office for a term of five years or sixty five years of age, whichever is earlier.
(4)The remuneration payable to Electricity Ombudsman shall be equivalent to last pay drawn by him/her minus pension and will be borne by the Commission. The dearness allowance, conveyance allowance, house rent allowance and telephone facilities shall be as per Orders issued by Commission from time to time.Provided that in the case of Ombudsman not getting pension, the monthly honorarium payable to such Ombudsman shall be equal to the last pay drawn.
(5)The TA/DA, casual leave and holidays shall also be as per Orders issued by Commission from time to time.
(6)The Electricity Ombudsman shall be provided with a Secretariat and office. The cost of the Secretariat/Office will be borne by the Commission.
(7)Before entering the office, the Electricity Ombudsman shall make and subscribe to an Oath of office and secrecy in the form as may be prescribed by the Commission. The Chairperson of the Commission will administer the oath to the Electricity Ombudsman.
(8)The Electricity Ombudsman shall be deemed to be public servant within the meaning of Section 21 of Indian Penal Code.
(9)Where the Commission is satisfied that in the public interest or for the reason of incapacity of the Electricity Ombudsman, it may for reasons to be recorded in writing, and by giving him one month notice or by paying one month salary in lieu there of, remove any Electricity Ombudsman from his office.
(10)The Electricity Ombudsman may relinquish his office by giving, in writing, to the Commission a notice of not less than three month or by paying three month's salary in lieu thereof.
(11)The Electricity Ombudsman shall not hold any office of profit during his tenure as Electricity Ombudsman.
(12)Removal of the OmbudsmanThe Commission may, by order, remove from office Ombudsman if he/she -
(a)has been adjudged an insolvent;
(b)has been convicted of an offence which, in the opinion of the Commission, involves moral turpitude;
(c)has become physically or mentally incapable of acting as an Ombudsman;
(d)has acquired such financial or other interest as is likely to affect prejudicially his functions as an ombudsman:
(e)has so abused his position as to render his continuance in office prejudicial to the public interest; or
(f)has been guilty of proved misbehavior.