Chapter -XXVI State Municipal Regulatory Commission Definitions.

In this chapter unless the context otherwise requires,-

1. (a) "Chairperson" means the Chairperson of the State Commission;
2. (b) "High Court" means the High Court of the State:
3. (c) "Member" means a member of the State Commission, and includes the Chairperson, and a member of a regional branch of the State Commission;
4. (d) "State Commission" means the Municipal Regulatory Commission constituted under sub-section (1) of section 233. 233. (1) The State Government shall, within three months from the date of Constitution and commencement of this Act, by notification, constitute a State commission to be incorporation of known as the Arunachal Pradesh Municipal Regulatory Commission to exercise State Commission. the powers conferred on, and to perform the functions assigned to, it under this Act.

1. (2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid sue or be sued.
2. (3) The head office of State commission shall be at such place as the State Government may, by notification, specify.
3. (4) The State Commission shall consist of such members including the chairperson, being not more than five, as the State Government may determine. Provided that the State Government may establish one or more regional branches of the State Commission for such area or areas as the State Government may determine, and each such regional branch shall have not less than two and not more than three members.
4. (5) The Chairperson and the other members shall be persons of ability, integrity and standing who have adequate" knowledge of, and have shown capacity in dealing with problems relating to, urban affairs, municipal finance, economics, engineering, law or management: Provided that the member of a regional branch of the State Commission for an area shall be persons having adequate knowledge of that area.
5. (6) The Chairpersons and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under section 234.
6. (7) Notwithstanding anything contained in sub-section (5) or sub-section (6), the State Government may appoint any person as the Chairperson from amongst the persons who are or have been the judges of the High Court: Provided that no such appointment shall be made except in consultation with the Chief Justice of the High Court; Provided further that the State Government may appoint one of the members of a regional branch of the State commission from amongst the persons who are or have been the District and Sessions judges: Provided also that no such appointment shall be made except after consultation with Chief Justice of the High Court.
7. (8) The Chairperson shall be the Chief Executive of the State Commission.
8. (9) The Chairperson or any other member shall not hold any other office. 234. (1) The State Government shall, for the purposes of selection of members, Constitution of constitute a Selection committee consisting of- Selection Committee by State
   • (a) a person, who has been the judge of the High Court, to be the Chair Government. Person, and i. the Chief Secretary to the State Government, and ii. an expert having not less than ten years experience in infrastructure finance, to be nominated by the state Government; Provided that nothing contained in this subsection shall apply to the appointment of a person, who is or has been the judge of the High court, as the Chairperson.
9. (2) No appointment of a member shall be invalid merely by reason of any vacancy in the Selection committee.
10. (3) 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 the expiry of the term of office, of a member, make a reference to the Selection committee for filing up of such vacancy.
11. (4) The Selection Committee shall finalize the selection of a member within one month from the date of reference to it by the State Government.
12. (5) Upon reference by the State Government, the Selection Committee shall recommend a panel of two names for every vacancy in the office of a member.
13. (6) Before recommending any person for appointment as a member, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as a member. 235. (I) The Chairperson and the other members shall hold office as such for a Term of office, salary term office years from the date of entering upon office, but shall not be eligible and allowances and for re-appointment: other conditions of service of
    • (a) in the case of the Chairperson, the age of sixty-five years, and Chairperson and
    • (b) in the case of any other member, the age of sixty-two years. other members.
14. (2) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and the other members shall be such as may be prescribed.
15. (3) The salary and allowances and the other terms and conditions of service of the chairperson or any other member shall not be varied to his disadvantage.
16. (4) The Chairperson and every other member shall before entering upon office, make, and subscribe to, an oath of office and of secrecy in such Form and manner, and before such authority, as may be prescribed.
17. (5) Notwithstanding anything contained in sub-section (1) or sub-section (2), the chairperson or any other member may-
    • (a) relinquish his office by giving, in writing, to the Governor a notice of not less than three months; or
    • (b) be removed from his office in accordance with the Provisions of section 236.
18. (6) The Chairperson or any other member ceasing to hold office as such shall be ineligible for further employment under the Central Government or any State Government for a period of two years from the date from which he ceases to hold such office, and shall not-
    • (a) accept any commercial employment for a period of two years from the date from which he ceases to hold such office, and
    • (b) represent in any manner any person before the State Commission or any similar Commission constituted by any other State Government- Explanation - For the purposes of this subsection,- i. "employment under the Central Government or any State Government" shall include employment under a local authority or any other authority within the territory of India or under the control of the central Government or a State Government or under any corporation or society owned or controlled by the Central Government or a State Government ; ii. "commercial employment, shall mean employment in any capacity under, or as agent of, a person engaged in any trading, or commercial, industrial, or financial business, in any public utility undertaking, and shall include employment as a director of a company or partner of a firm, and shall also include sitting up of practice, either independently or as a partner of a firm or as an adviser or a consultant. 236. (1) Subject to the provisions of subsection (3), the Chairperson or any other Removal of member shall only be removed from his office by order of the Governor on the Chairperson and ground of proved misbehaviour after the High Court, on reference being made to other members. it by the Governor, has, on inquiry held in accordance with such procedure as may be prescribed in that behalf by the High Court, reported that the member ought, on such ground, to be removed.
19. (2) The Governor may suspend the chairperson or any other member in respect of whom a reference has been made to the High Court under subsection
    • (I) until the Governor has passed orders on receipt of the report of the High Court on such reference.
20. (3) Notwithstanding anything contained in subsection (1), the Governor may, by order, remove from office the Chairperson or any other member, if he-
    • (a) has been adjudged an insolvent, or
    • (b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or
    • (c) has become physically or mentally incapable of action as a member or
    • (d) has acquired such financial or other interest as is likely to affect prejudicially his functioning as a member, or
    • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
21. (4) Notwithstanding anything contained in sub-section (3), the Chairperson or any other member shall not be removed from his office under this subsection unless the High Court, on a reference being made to it in this behalf by such procedure as may be prescribed in this behalf by the High court reported that the member ought, on such ground, to be removed. 237.(1)The State Commission may appoint a Secretary to exercise such Officers of State and powers, and perform such duties, under the control of the Chairperson, as may Commission other be specified by regulations made by the State Commission. staff.
22. (2) The State commission may, with the approval of the State Government, determine the number, nature and categories of other officers and employees required to assist the State commission in the discharge of its functions.
23. (3) The salaries and allowances payable to, and the other terms and conditions of service of the secretary and the other officers and employees of the State commission shall be such as may be determined by the State Commission by regulations with the approval of the State Government.
24. (4) The State Commission may appoint consultants to assist the State