Section 76 of The Electricity Act, 2003 in hindi
Constitution of Central Commission.
- (1)There shall be a Commission to be known as the Central Electricity Regulatory Commission to exercise the powers conferred on, and discharge the functions assigned to it under this Act.
- (2)The Central Electricity Regulatory Commission, established under section 3 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and functioning as such immediately before the appointed date, shall be deemed to be the Central 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 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: Provided that the Chairperson and other Members of the Central Commission appointed, before the commencement of this Act, under the Electricity Regulatory Commissions Act, 1998 (14 of 1998), may, on the recommendations of the Selection Committee constituted under sub-section (1) of section 78, be allowed, to opt for the terms and conditions under this Act by the Central Government.
- (3)The Central 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.
- (4)The head office of the Central Commission shall be at such place as the Central Government may, by notification, specify.
- (5)The Central Commission shall consist of the following Members, namely:--
- (a)a Chairperson and three other Members;
- (b)the Chairperson of the Authority who shall be the Member, ex officio.
- (6)The Chairperson and Members of the Central Commission shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 78.
Summary
- This section establishes the Central Electricity Regulatory Commission, a key central regulator under the Act.
- It ensures that the commission established under the older 1998 regulatory law is carried over under the current law, along with its officers and employees.
- It declares that the commission is a body corporate, which means it is a permanent legal entity with its own seal that can buy land, sign contracts, and sue or be sued.
- It defines the structure of the commission as consisting of five members, including a Chairperson, three full-time members, and an automatic seat for the head of the Central Electricity Authority.
- It mandates that the central government appoints these members following the formal recommendations of a special selection committee.
Practical examples
FAQ
1. Who are the members of the Central Commission under Section 76 of the Electricity Act, 2003?
Under Section 76 of the Electricity Act, 2003, the Commission consists of a Chairperson, three other regular members, and the Chairperson of the Central Electricity Authority, who serves as an ex officio (automatic) member.
2. What does it mean that the Central Commission is a body corporate under Section 76 of the Electricity Act, 2003?
Under Section 76 of the Electricity Act, 2003, being a body corporate means the Commission is a legal entity that exists independently of its members. It has perpetual succession, its own seal, the power to hold property, and the right to sue or be sued.
3. How is the location of the Central Commission's head office decided under Section 76 of the Electricity Act, 2003?
Under Section 76 of the Electricity Act, 2003, the Central Government has the authority to specify the location of the head office of the Central Commission through an official notification.
4. What happened to the old commission established under the 1998 law when Section 76 of the Electricity Act, 2003 came into effect?
Under Section 76 of the Electricity Act, 2003, the Central Electricity Regulatory Commission established under the older 1998 Act is deemed to be the Central Commission under this Act, and all of its officers continue to hold office on their existing terms.
Test yourself
1.Under Section 76 of the Electricity Act, 2003, who among the following is an ex officio (automatic) member of the Central Commission?
2.Under Section 76 of the Electricity Act, 2003, what is the total number of members, including the Chairperson, who constitute the Central Commission?
3.Under Section 76 of the Electricity Act, 2003, which authority is responsible for specifying the location of the head office of the Central Commission?
4.Under Section 76 of the Electricity Act, 2003, which older piece of legislation originally established the commission that is carried over under this Act?