No. 47/2/2013-R&R Government of India Ministry of Power

Shram Shakti Bhavan, Rafi Marg New Delhi, September 27, 2013

VACANCY CIRCULAR

Pursuant to the Memorandum of Agreement (MoA) signed among the Government of India and the State Governments of Manipur & Mizoram, the Joint Electricity Regulatory Commission (JERC) for Manipur & Mizoram was set up by the Government of India under the provisions of the Electricity Act, 2003. The Commission is located at Aizawl. The JERC is a two member Commission, each member representing the respective participating State. The Chairperson of the JERC is appointed on rotation for one year from the members.

1. The post of Member representing Manipur in the JERC is due to fall vacant on 1.3.2014. It is proposed to fill up the anticipated vacancy.
   
   
2. Appointment to the post of Member is governed by the relevant provisions of the Electricity Act, the MoA and the Joint Electricity Regulatory Commission for the States of Manipur & Mizoram (Salaries, Allowances and other Conditions of Service of Chairperson and Member) Rules, 2006. The Pay of the Member has been revised to Rs. 67000-(annual increment @ 3%)-79000 without any grade pay (HAG scale)].
   
   

1. Section 84 (1) of the Electricity Act prescribes the qualification for appointment of a Member i.e. .the Members of the State Commission shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown in, dealing with, problems relating to engineering, finance, commerce, economics, law, or management.
   
   
2. The Member of JERC for Manipur & Mizoram shall hold office for a term of five years from the date on which he/ she enters upon his/ her office or till he/ she attains the age of sixty-five years, whichever is earlier. The candidate will have to give a declaration that he/she does not have any financial or other interest, which is likely to affect prejudicially his/her function as Member of the above JERC (proforma enclosed).
   
   
3. Relevant extracts of the Electricity Act, 2003 relating to the requirement of qualification, experience, etc. for Member, JERC for Manipur & Mizoram and a copy of Joint Electricity Regulatory Commission for the States of Manipur & Mizoram (Salaries, Allowances and other Conditions of Service of Chairperson and Members) Rules, 2006 are available at Ministrys website www.powermin.nic.in and that of DoPT i.e. www.persmin.nic.in.
   
   

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6. Applications/ nominations are invited from suitable persons having qualification and experience as prescribed in the Act for appointment as Member, JERC for Manipur & Mizoram so as to reach the Joint Secretary, Power & Electricity Department, Government of Mizoram, Room No.776-777, 3rd Floor, Old Secretariat Building Annexe-2, Aizawl (Tel : 0389-2317069) within six weeks from the date of publication of this circular in the Employment News.

Encl: as above

(Rajendra Singh) Under Secretary to the Govt of India Tel : 2373 0265

Declaration

I . hereby declare that I do not have any financial or other interest, which is likely to affect prejudicially my function as Member, Joint Electricity Regulatory Commission (JERC) for Manipur and Mizoram, in the event of my selection.

(Signature of Applicant)

Extracts from the Electricity Act 2003

Section 2(64) "State Commission" means the State Electricity Regulatory Commission constituted under sub-section (1) of section 82 and includes a Joint Commission constituted under sub-section (1) of section 83;

Section 82. (1) Every State Government shall, within six months from the appointed date, by notification, constitute for the purposes of this Act, a Commission for the State to be known as the (name of the State) Electricity Regulatory Commission: Provided that the State Electricity Regulatory Commission, established by a State Government under section 17 of the Electricity Regulatory Commissions Act, 1998 and the enactments specified in the Schedule, and functioning as such immediately before the appointed date shall be the State Commission for the purposes of this Act and the Chairperson, Members, Secretary, and other officers and other employees thereof shall continue to hold office, on the same terms and conditions on which they were appointed under those Acts. Provided further that the Chairperson and other Members of the State Commission appointed before the commencement of this Act under the Electricity Regulatory Commissions Act, 1998 or under the enactments specified in the Schedule, may on the recommendations of the Selection Committee constituted under sub-section (1) of Section 85 be allowed to opt for the terms and conditions under this Act by the concerned State Government.

(2)

The State Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.

(3)

The head office of the State Commission shall be at such place as the State Government may, by notification, specify.

(4)

The State Commission shall consist of not more than three Members, including the Chairperson.

(5)

The Chairperson and Members of the State Commission shall be appointed by the State Government on the recommendation of a Selection Committee referred to in section 85.

Section 83. (1) Notwithstanding anything to the contrary contained in section 82, a Joint Commission may be constituted by an agreement to be entered into -

(a)

by two or more Governments of States; or

(b)

by the Central Government, in respect of one or more Union territories, and one or more Governments of States, and shall be in force for such period and shall be subject to renewal for each further period, if any, as may be stipulated in the agreement: Provided that the Joint Commission, constituted under section 21 A of Electricity Regulatory Commissions Act, 1998 and functioning as such immediately before the appointed day, shall be the Joint Commission for the purposes of this Act and the Chairperson, members, Secretary and other officers and employees thereof shall be

deemed to have been appointed as such under this Act and they shall continue to hold office, on the same terms and conditions on which they were appointed under the Electricity Regulatory Commissions Act, 1998.

(2)

The Joint Commission shall consists of 1 Member from each of the participating States and Union Territories and the Chairperson shall be appointed from amongst the Members by consensus, failing which by rotation.

(3)

An agreement under sub-section (1) shall contain provisions as to the name of the Joint Commission, the manner in which the participating States may be associated in the selection of the Chairperson and Members of the Joint Commission, manner of appointment of Members and appointment of Chairperson by rotation or consensus, places at which the Commission shall sit, apportionment among the participating States of the expenditure in connection with the Joint Commission, manner in which the differences of opinion between the Joint Commission and the State Government concerned would be resolved and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement.

(4)

The Joint Commission shall determine tariff in respect of the participating States or Union Territories separately and independently.

(5)

Notwithstanding anything contained in this section, the Central Government may, if so authorised by all the participating States, constitute a Joint Commission and may exercise the powers in respect of all or any of the matters specified under sub-section

(3)

and specifically so authorized by the participating States.

Section 84. (1) The Chairperson and the Members of the State Commission shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or management.

(2)

Notwithstanding anything contained in sub-section (1), the State Government may appoint any person as the Chairperson from amongst persons who is, or has been, a Judge of a High Court:

Provided that no appointment under this sub-section shall be made exceptafter consultation with the Chief Justice of that High Court.

(3)

The Chairperson or any other Member of the State Commissionshall not hold any other office.

(4)

The Chairperson shall be the Chief Executive of the State Commission.

Section 85. (1) The State Government shall, for the purposes of selecting the Members of the State Commission, constitute a Selection Committee consisting of

(a)

a person who has been a Judge of the High Court. Chairperson;

(b)

the Chief Secretary of the concerned State . .Member;

(c)

the Chairperson of the Authority or the Chairperson of the Central Commission .. Member:

Provided that nothing contained in this section shall apply to the appointment of a person as the Chairperson who is or has been a Judge of the High Court.

(2)

The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or Member, make a reference to the Selection Committee for filling up of the vacancy.

(3)

The Selection Committee shall finalise the selection of the Chairperson and Members within three month from the date on which the reference is made to it.

(4)

The Selection Committee shall recommend a panel of two names for every vacancy referred to it.

(5)

Before recommending any person for appointment as the Chairperson or other Member of the State Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as Chairperson or Member, as the case may be.

(6)

No appointment of Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee.

Section 85. (1) The State Government shall, for the purposes of selecting the Members of the State Commission, constitute a Selection Committee consisting of

(a)

a person who has been a Judge of the High Court. Chairperson;

(b)

the Chief Secretary of the concerned State . .Member;

(c)

the Chairperson of the Authority or the Chairperson of the Central Commission .. Member: Provided that nothing contained in this section shall apply to the appointment of a person as the Chairperson who is or has been a Judge of the High Court.

(2)

The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member and six months before the superannuation or end of tenure of the Chairperson or Member, make a reference to the Selection Committee for filling up of the vacancy.

(3)

The Selection Committee shall finalise the selection of the Chairperson and Members within three month from the date on which the reference is made to it.

(4)

The Selection Committee shall recommend a panel of two names for every vacancy referred to it.

(5)

Before recommending any person for appointment as the Chairperson or other Member of the State Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as Chairperson or Member, as the case may be.

(6)

No appointment of Chairperson or other Member shall be invalid merely by reason of any vacancy in the Selection Committee.

Section 86. (1) The State Commission shall discharge the following functions, namely: -

(a)

determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the State: Providing that where open access has been permitted to a category of consumers under section 42, the State Commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of

consumers;

(b)

regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State;

(c)

facilitate intra-state transmission and wheeling of electricity;

(d)

issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the State;

(e)

promote congenration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licencee;

(f)

adjudicate upon the disputes between the licensees, and generating companies and to refer any dispute for arbitration;

(g)

levy fee for the purposes of this Act;

(h)

specify State Grid Code consistent with the Grid Code specified under clause (h) of sub-section (1) of section 79;

(i)

specify or enforce standards with respect to quality, continuity and reliability of service by licensees;

(j)

fix the trading margin in the intra-State trading of electricity, if considered, necessary; and

(k)

discharge such other functions as may be assigned to it under this Act.

(2)

The State Commission shall advise the State Government on all or any of the following matters, namely :-.

(i)

promotion of competition, efficiency and economy in activities of the electricity industry;

(ii)

promotion of investment in electricity industry;

(iii) reorganization and restructuring of electricity industry in the State;

(iv)

matters concerning generation, transmission , distribution and trading of electricity or any other matter referred to the State Commission by that Government.

(3)

The State Commission shall ensure transparency while exercising its powers and discharging its functions.

(4)

In discharge of its functions the State Commission shall be guided by the National Electricity Policy, National Electricity Plan and tariff policy published under section 3.

Appropriate Commission Other Provisions

Section 89. (1) The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office; Provided that the Chairperson or other Member in the Central Commission or the State Commission shall not be eligible for re-appointment in the same capacity as the Chairperson or a Member in that Commission in which he had earlier held office as such : Provided further that no Chairperson or Member shall hold office as such after he has attained the age of sixty-five years.

(2)

The salary, allowances and other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed by the Appropriate Government. Provided that the salary, allowances and other terms and conditions of service of the Members, shall not be varied to their disadvantage after appointment.

(3)

Every Member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed.

(4)

Notwithstanding anything contained in sub-section (1), a Member may-

(a)

Relinquish his office by giving in writing to the Appropriate Government a notice of not less than three months; or

(b)

be removed from his office in accordance with the provisions of section 90.

(5)

Any member ceasing to hold office as such shall

(a)

not accept any commercial employment for a period of two years from the date he ceases to hold such office; and

(b)

not represent any person before the Central Commission or any State Commission in any manner. Explanation. -For the purposes of this sub-section "commercial employment means employment in any capacity in any organisation which has been a party to the proceedings before the Appropriate Commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an advisor or a consultant.

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MINISTRY OF POWER Government of India Notification

New Delhi, the 14^th August, 2006 G.S.R480(E) - In exercise of the powers conferred by section 89 of the Electricity Act 2003, (36 of 2003) the Central Government hereby makes the following rules, namely:-

1. Short title and commencement. (1) These rules may be called the Joint Electricity Regulatory Commission for the States of Manipur and Mizoram (Salaries, Allowances and other Conditions of Service of Chairperson and Members) Rules, 2006.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. In these rules, unless the context otherwise requires, -

(a)

Act means the Electricity Act 2003;

(b)

Commission means the Joint Electricity Regulatory Commission for the States of Manipur and Mizoram constituted under section 83 of the Act;

(c)

Words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3. Oath of Office and secrecy. A Member of the Commission shall, before entering upon his office, subscribe to an oath of office and secrecy before the Minister in-charge of the Ministry of Power (Union Government) and the oath of office and secrecy shall be administered in the following form:-

Oath and affirmation of allegiance to Constitution

I, ____________________________, having been appointed Member of the Joint Electricity Regulatory Commission for the States of Manipur and Mizoram, do swear in the name of God and do solemnly affirm that I shall bear true faith and allegiance to the Constitution of India as by law established, that I shall uphold the sovereignty and integrity of India, that I shall duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of the land.

4. Pay. -A Member shall be entitled to receive pay in the scale of pay of Rs.22400-525-24500 per month.

Provided that in case a person appointed as the Member is in receipt of pension from;

(a)

Union Government including Railways, Defence, Posts and Telecommunication; or

(b)

State Government or Union Territory Administration; or

(c)

Public Sector Undertaking, Local Body, Autonomous Body like University or Semi-Government Organization like Port Trust;

the pay of such person shall be reduced by the gross amount of pension [as illustrated in the Central Civil Services (fixation of pay of re-employed pensioners) Orders, 1986] drawn by him:

Provided further that a Member shall be entitled to receive admissible allowances on the original basic pay before such fixation of pay.

1. Dearness allowance and city compensatory allowance. - A Member shall be entitled to receive dearness allowances and city compensatory allowance, and other allowances at the rate admissible to a Group A Officer of the Central Government drawing an equivalent pay.
   
   
2. Leave. A Member shall be entitled to 30 days of earned leave for every year of service and the payment of leave salary, during leave, shall be governed under the provisions of rule 40 of the Central Civil Services (Leave) Rules, 1972.
   
   
3. Leave sanctioning authority. In the case of the Chairperson, the Ministerin-charge of the State Government which he represents in the Commission, and in the case of a Member, the Chairperson, shall be the leave sanctioning authority.
   
   
4. Provident fund. A Member shall be governed by the Contributory Provident Fund Rules (India), 1962 and no option to subscribe under the provisions of the General Provident Fund Rules (Central Services), 1960 shall be available. No pension or gratuity shall be admissible for service rendered in the Commission.
   
   
5. Travelling allowances. -(1) A Member while on tour within India or on transfer (including the journey undertaken by self and family to join the Commission or on the expiry of term with the Commission to proceed to his home town with family) shall be entitled to the journey allowance, daily allowance and transportation of personal effects at the same scales and at the same rates as are applicable to a Group A Officer of the Central Government drawing an equivalent pay.
   
   

(2) Foreign tours to be undertaken by a Member shall require prior approval of the State Government which he represents in the Commission and necessary clearances of the Central Government.

Provided that the daily allowance and provision of hotel accommodation during the period of tour abroad shall be in accordance with such orders of the Central Government as are applicable to Group A officers of the Central Government drawing an equivalent pay and as per the economy instructions or other instructions issued by the Ministry of Finance from time to time.

1. Leave travel concession. - A Member shall be entitled to leave travel concession at the same scale and at the same rate as admissible to group A officers of the Central Government drawing an equivalent pay.
   
   
2. Accommodation. (1) A Member shall be entitled for residential accommodation as per norms of Government of Mizoram.
   
   

Provided that for such accommodation which is according to and within the entitlement of the Member the standard licence fee shall be the same as in the case of a Group A officer of similar status of the Central Government posted at Aizwal.

(2) In case Government of Mizoram do not provide residential accommodation to a Member, he shall have the option of claiming house rent allowance as admissible to Group A officers of similar status of the Central Government posted at Aizwal.

1. Transport. A Member shall be allowed the option to make use of an official vehicle or reimbursement of such amount as may be fixed by the Central Government from time to time in respect of a Group A officer of the Central Government drawing an equivalent pay for the use and maintenance of his personal car.
   
   
2. Medical treatment. A Member shall be entitled to medical reimbursement and facility as admissible to a Group A officer of the Central Government drawing an equivalent pay.
   
   
3. Telephone facility, official meeting and entertainment expenses. A Member shall be eligible for telephone facilities, official meetings and entertainment expenses as admissible to a Group A officer of the Central Government drawing an equivalent pay.
   
   
4. Other conditions of services. Other conditions of service of a Member, with respect to which no express provision has been made in these rules, shall be such as are admissible to a Group A officer of the Central Government drawing an equivalent pay.
   
   

[F.No.47/2/2004-R&R (Pt.II)]

AJAY SHANKAR Additional Secretary to the Government of India