Constitution, powers and functions of the State Commissions

1. (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.

1. (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.
2. (3) The head office of the State Commission shall be at such place as the State Government may, by notification, specify.
3. (4) The State Commission shall consist of not more than three

Members, including the Chairperson.

1. (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. Joint Commission 14 of 1998

1. (a) by two or more Governments of States; or
2. (b) by the Central Government, in respect of one or more Union territories, and one or more Governments of States,

Provided that the Joint Commission, constituted under section 21 A of Electricity Regulatory Commi ssions 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

which they were appointed under the Electricity Regulatory Commissions Act, 1998.

1. (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.

1. (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.
2. (4) The Joint Commission shall determine tariff in respect of the participating States or Union Territories separately and independently.
3. (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.

Qualifications of appointment of