Chapter II ANDHRA PRADESH WATER RESOURCES REGULATORY COMMISSION

(1) The Government shall within three months from the date of the Commencement of this Act, by notification, establish a Commission to be known as Andhra Pradesh Water Resources Regulatory Commission to perform the functions and duties assigned to it. (2) The Commission established under subsection (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable and to do all things necessary for the purposes of this Act and may sue or be sued by its corporate name. (3) The Commission shall consist of a Chairperson and two other members. (4) The Head office of the Commission shall be at Hyderabad. (5) The Chairperson and the other Members of the Commission shall be appointed by the Governor of Andhra Pradesh on the recommendation of the Selection Committee constituted under section 5.

(1) The Chairperson and the Members of the Commission shall be appointed as follows: (a) The Chairperson shall be a person who is or who was of the rank of Chief Secretary of the State or equivalent thereto or a person of eminence in the field of water resources management with proven track record. (b) One Member shall be expert from the field of water resources engineering. (c) One Member shall be expert from the field of water resources economy. (2) Special invitees as and when required by the Commission: The Commission may as and when needed and decided by them invite special invitees from,- (a) experts who are having adequate knowledge, experience or proved capacity in dealing with the problems relating to engineering, agriculture, drinking water, industry, law, economics, commerce, finance or management for assisting the Commission in taking policy decisions. (b) Members from farmers Organisations with in the State. (3) The Chairperson and other Members of the Commission shall not hold any other office of profit.

(1) The Government shall, by notification, for the purposes of selection of the Chairperson, and other Members of the Commission, constitute a Selection Committee consisting of: (a) The Chief Secretary of the State - Ex-officio Chairperson. (b) Special Chief Secretary/Principal Secretary/Secretary to Government of the following departments shall be the Ex-Officio Members, - (i) Finance (ii) Planning (iii) Irrigation and Command Area Development - Convener (2) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or Member of the Commission, and six months before the superannuation or end of tenure of Chairperson or any Member, make a reference to the Selection Committee for selection. (3) 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. (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 Member of the Commission, the Selection Committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect pre-judicially his functions as a Member. (6) No appointment of the Chairperson and Members of the Commission shall be invalid merely by reason of any vacancy in the Selection Committee.

(1) The Chairperson and Members of the Commission shall hold office for a period of five years or till attaining the age of 65 years, whichever is earlier. (2) The Chairperson and the Members of the Commission shall not be eligible for second term appointment.

(1) The Chairperson and Members of the Commission shall be paid such fees or salaries and such allowances as may be prescribed by the Government. (2) The salary and allowances and other conditions of service of the Chairperson and Members of the Commission shall not be varied to their disadvantage after appointment.

(1) Notwithstanding anything contained in Section 6, the Chairperson and Members of the Commission may: (a) relinquish the office by giving in writing to the Government, notice of not less than three months; or (b) be disqualified from his office in accordance with the provisions of Sections 9 and 10. (2) The Chairperson and Members of the Commission ceasing to hold office as such shall: (a) not be eligible for further employment under the Government for a period of two years from the date the person ceases to hold such office; (b) not accept any commercial employment for a period of two years from the date the person ceases to hold such office. Explanation - For the purposes of this sub-section: (i) "Employment under the Government" includes, employment under any local or other authority within the territory of Andhra Pradesh or under the control of the Government or under any corporation or society owned or controlled by the Government. (ii) "Commercial Employment" means employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in the water Resources Sector and also includes a director of a company or partner of a firm and also includes setting up practice either independently or as partner of a firm or as an adviser or a consultant.

(1) A person shall be disqualified for being appointed as, or for being, a Chairperson and Members of the Commission: (a) if the person is of unsound mind or has become physically incapable of performing his duties. (b) if the person is an un-discharged insolvent, (c) if the person has been convicted of an offence involving moral turpitude, (d) if the person has such financial or other interest as is likely to affect pre-judicially his functions as a Member of the Commission, (e) if it is proved beyond reasonable doubt that the person has so abused his position as to render his continuance in office prejudicial to the public interest. (f) if he acts prejudicial to the public interest and Government directions. (2) Subject to the provisions of sub-section (1), the Chairperson and Members of the Commission shall be removed from office by order of the Government on the ground of proved misbehavior in an enquiry held in accordance with the procedure as may be prescribed. (3) The Government may, during the period of inquiry as specified in sub-section (2), suspend the Chairperson and Members of the Commission.

Before appointing a person to be the Chairperson and Member of the Commission, the Government shall satisfy itself that the person will have no such financial or other interest as is likely to affect pre-judicially his functions as a Chairperson and member of the Commission.

(1) The Commission may, with the prior approval of the Government, appoint a Secretary and such number of officers and employees as it considers necessary either on contract or on deputation for the performance of its duties and functions. (2) The Commission may engage consultants as and when required to assist the Commission in the discharge of its functions.

(1) The Commission shall meet at the head office or at any place and at such time as the Chairperson may direct. (2) Two out of three members including the Chairperson shall constitute the Quorum for the meetings of the Commission. (3) If the Chairperson is unable to attend a meeting of the Commission, any other Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present among themselves shall preside at the meeting. (4) All decisions of the Commission shall be on the basis of majority of the Members present and voting. (5) In case of difference in opinion of any two members on any issue or resolution, the full Commission shall decide the matter on a majority basis: Provided that for a meeting of the Commission to review any previous decision taken by the Commission, the quorum shall be that all members shall be present. (6) Commission for any specific purpose may invite special invitee depending up on the need to give expert opinions to the Commission. However, the special invitees shall not have any voting right. (7) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Chairperson in this behalf.

(1) No act or proceedings of the Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in the Commission. (2) In case of difference of opinion between the Chairperson and the Member, the view of the Chairperson shall prevail.