Section 5 in Karnataka Electricity Reform Act, 1999
5. Conditions for appointment as member of the Commission.
(1)The members shall be persons of ability, integrity and standing who have adequate knowledge and experience of, and have demonstrated capacity in dealing with matters relating to, engineering, finance, economics, commerce, law or administration and further, that at all times,-(a)one member shall be a graduate electrical engineer with at least twenty-five years of experience of either generation, transmission or distribution of electricity and having worked in a senior position in the said field;(b)two members shall have qualification in the field of law, finance, economics, commerce, or administration with at least twenty-five years of working experience and shall have worked in a senior position in the said field:Provided that at any point of time the commission shall not consist of more than one member from the same discipline.(2)A person shall be disqualified from being appointed as a member if he is a Member of Parliament or of any State Legislature or of any local authority or holds any post in a political party.(3)The persons who are considered for appointment as members, shall notify the convenor 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 of persons or body corporate, or in the names of any relative, carrying on any of the following businesses or any financial interest therein:-(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, supply or otherwise 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 clauses (i), (ii) and (iii) above; and(b)of such other details and information as may be prescribed.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 and a member and his relatives shall not be taken as holding financial interest in any business of a public company if they are shareholders holding in aggregate less than two percent of the issued share capital in that public company.(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 persons for appointment as member.(5)Before recommending any person as a member, 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 pre-judicially his functions as a member.(6)Each member 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 businesses mentioned in sub-section (3) as a condition of his appointment.(7)If a person to be appointed as a member holds any office under the State or Central Government or any public sector corporation or any Government body or is otherwise gainfully employed or engaged in the service of any person he shall submit his resignation or take voluntary retirement from that service.(8)A member, at any time within a period of two years after he ceases to be a member for any reason whatsoever, shall not be appointed in the service of the State Government or in any body corporate or institution or undertaking owned or controlled by the State Government or body dealing with power sector, in Karnataka.(9)So long as a 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 businesses mentioned in sub-section (3) of this section within or outside the State, 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.(10)A member, after he ceases to be a member for any reason whatsoever, shall not, for a period of three years,, appear or otherwise represent any person including the Commission, before the Commission.
