Electricity Regulatory Commissions Act, 1998

5. Constitution of Selection Committee to recommended Members

(1) The Central Government shall, for the purpose of sub-section (5) of section 3, constitute a Selection Committee consisting of-

(a) Member of the Planning Commission incharge of the energy sector -Chairperson;

(b) Secretary-in-charge of the Ministry of the Central Government dealing with the Department of Legal Affairs - Member;

(c) Chairman of the Public Enterprises Selection Board - Member;

(d) a person to be nominated by the Central Government in accordance with sub-section (2) - Member;

(e) a person to be nominated by the Central Government in accordance with sub-section (3) - Member;

(f) Secretary-in-charge of the Ministry of the Central Government dealing with Power - Member.

(2) For the purposes of clause (d) of sub-section (1), the Central Government shall nominate from amongst persons holding the post of Chairman or Managing Director, by whatever name called, of any public financial institution specified in section 4A of the Companies Act, 1956.

(3) For the purposes of clause (e) of sub-section (1), the Central Government shall nominate from amongst persons holding the post of Director or the head of the institution, by whatever name called, of any research, technical or management institution notified by the Central Government in the Official Gazette for this purpose.

(4) Secretary-in-charge of the Ministry of the Central Government dealing with Power shall be the Convener of the Selection Committee.

(5) The Central 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 any Chairperson or Member, make a reference to the Selection Committee for filling up of the vacancy.

(6) The Selection Committee shall finalize the selection of the Chairperson and Members within one month from the date on which the reference is made to it.

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

(8) Before recommending any person for appointment as a Chairperson or other Member of the Central 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 a Member.

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