(1) For the purposes of this Act, within three months of the Act coming into force, the State Government shall establish by notification in the Official Gazette a Commission to be known as the Haryana Electricity Regulatory Commission, which shall be a body corporate with perpetual succession and a common seal with power to acquire and hold property, movable and immovable, and shall, by the said name, be entitled to sue and be sued.
(2) The Commission shall consist of three members to be appointed by the State Government from persons selected by the selection committee constituted for the purpose, in the manner provided in section 4 of this Act.
(3) The person to be appointed as a member of the Commission for the first time for a period of three years in terms of proviso to sub-section (1) of section 6 shall be the first Chairman of the Commission and thereafter at all times the most senior member of the Commission shall act as Chairman, such seniority being reckoned from the date of the appointment of the members. In case two or more persons are selected at the same time the seniority amongst them shall be determined by the State Government while making the appointment.
(4) When the Chairman of the Commission is unable to discharge the functions owing to absence, illness or any other cause, the next senior member of the Commission shall discharge the functions of the Chairman, until the day on which the Chairman assumes the charge of his functions.
(5) No act or proceedings of the Commission shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.