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State of Uttar Pradesh - Section

Section 4 in The U.P. Electricity Reforms Act, 1999

4. Constitution of Selection Committee.

(1)For the purposes of making appointment of the Chairperson and members, the State Government, shall constitute a Selection Committee which shall consist of -
(a) A person who has been a Judge of the High Court Chairman
(b) The Chief Secretary to the State Government Member
(c) The Chairman, Central Electricity Authority or his nominee notbelow the rank of member of the Central Electricity Authority. 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 other member, make a reference to the Selection Committee for filling up of the vacancy.
(3)The Selection Committee while making selection of the Chairperson and other members, shall have due regard to performance record, ability, integrity, character, qualifications and experience of the person proposed to be selected as Chairperson or other member as the case may be.
(4)The Selection Committee shall finalise the selection of the members within two months from the date on which the reference is made to it.
(5)The Selection Committee shall recommend a panel of two names for every vacancy referred to it
(6)A person who is considered for selection as Chairperson or member of the Commission, shall notify to the Selection 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 businesses :
(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 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 any professional services to any of the businesses referred to in clauses (i), (ii) and (iii) above.
(b)such other details and information as may be prescribed in the rules or by the Selection Committee.
(7)The details received from the persons referred to in sub-section (6) shall be placed for consideration of the Selection Committee at the time of selection and recommendation of the person for appointment as member.
(8)Each member of the Commission shall before taking charge of the office divest himself or herself from 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 a member of the Commission 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 Commission.
(10)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 any financial interest in any of the businesses mentioned in sub-section (6) and if he acquires any such interest involuntarily or 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.Explanation. - For the purposes of this section a member shall not be taken as holding financial interest in any business if the member is a shareholder holding less than two per cent of the issued share capital in any public company.
(11)Before recommending any person, the Selection Committee shall satisfy itself that such person docs not have any financial or other interest as referred to in sub-section (6) which is likely to affect prejudicially his functions as a member.
(12)All decisions of the Selection Committee shall be by a majority.
(13)The procedure of selection and appointment of the Chairperson and the other members shall be such as may be prescribed.