(1) In terms of sub-section (6) of section 42 of the Act, the Commission may, from time to time, appoint or designate a person as the Ombudsman to discharge the functions in accordance with sub-section (7) of section 42 of the Act.
(2) The Commission may appoint or designate more than one Ombudsman for a licensee or a common Ombudsman or Ombudsman for two or more licensees considering factors such as the number of representations received, disposal of representations within the specified time limit, ease of access for the consumers and the geographical area.
(3) The Commission shall invite applications through public advertisement for the appointment of the Ombudsman, and shall also form a Selection Committee for recommending names for the appointment of the Ombudsman by the Commission.
1 Sub. sub-clause (1) the words “disposal of grievances” vide Not. No. HPERC-(H)(1)-1/2012 dated 26 th November, 2019 published in the R.H.P. dated 28 th November, 2019 at p. 8253-8257.
14 Compendium of HPERC Regulations, March 2021
(4) The Ombudsman shall be a person of experience, ability, integrity and standing who has adequate knowledge of and has shown capacity in dealing with problems relating to the electrical engineering, finance, commerce, economics, law, administration and management etc. and has held strategic positions in the said fields at the level not below that of the Chief Engineer in a Utility or equivalent position under the Government.
(1) No person shall be appointed or be entitled to continue as the Ombudsman, if he -
(a) has been adjudged as an insolvent;
(b) has been convicted of an offence which, in the opinion of the Commission, involves moral turpitude;
(c) has become physically or mentally incapable of acting as an Ombudsman;
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Ombudsman;
(e) has abused his position so as to render his continuance in office prejudicial to public interest; or
(f) has been guilty of proven misbehaviour:
Provided that the Ombudsman shall not be removed from his office on any ground specified in this sub-regulation, unless the Commission has, on an inquiry, concluded that the person ought, on such ground or grounds, be removed.
(6) The Ombudsman shall, before entering upon his office, make and subscribe to, before the Chairperson of the Commission, an oath of office and secrecy in such manner and form as may be determined by the Commission.
(7) The salary and other allowances payable to and all other terms and conditions for the appointment of the Ombudsman shall be such as may be determined by the Commission.
(8) The Ombudsman shall hold office for a fixed term of three years:
Provided that the Ombudsman shall not hold office as such after he attains the age of 65 years.
(9) The Ombudsman may, by giving three month’s written notice or paying three months consolidated emoluments in lieu of the notice period, resign from his office.