(1) The Chairperson and the other members shall hold office as such for a term of five years from the date of entering upon office, but shall not be eligible for re-appointment:
Provided that no Chairperson or any other member shall hold office as such after he has attained -
(a) in the case of the Chairperson, the age of sixty-five years, and
(b) in the case of any other member, the age of sixty-two years.
(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.
(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.
(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.
(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 >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 541
(b) be removed from his office in accordance with the provisions of section 266.
(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 Regulatory Commission or any similar Commission constituted by any other State Government.
Explanation. - For the purposes of this sub-section, -
(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 of the State Government or Central Government working in the territory of the Jharkhand, and shall include employment as a director of a company or partner of a firm, and shall also include setting up of practice, either independently or as a partner of a firm or as an adviser or a consultant.
266. Removal of Chairperson and other Members:
(1) Subject to the provisions of sub-section (3), the Chairperson or any other Member shall be removed from his office by order of the Governor on the ground of proven misbehaviour after the High Court, on a reference being made to it by the Governor, has, on inquiry held in accordance with such procedure as may be prescribed in that behalf by the High Court, report that the member ought, on such ground, to be removed.
(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 sub-section (1) >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 542 until the Governor has passed orders on receipt of the report of the High Court on such reference.
(3) Notwithstanding anything contained in sub-section (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 acting 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.
(4) Notwithstanding anything contained in sub-section (3), the Chairperson or any other member shall not be removed from his office on the ground specified in clause (d) or clause (e) of that sub-section unless the High Court, on a reference being made to it in this behalf by the Governor, has, on an enquiry held by it in accordance with such procedure as may be prescribed in this behalf by the High Court, reported that the member ought, on such ground, to be removed.
267. Officers of State Regulatory Commission and other Staff:
(1) The State Regulatory Commission may appoint a Secretary to exercise such powers, and perform such functions, under the control of the Chairperson, as may be specified by regulations made by the State Regulatory Commission.
(2) The State Regulatory 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 Regulatory Commission in the performance of its functions.
(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 Regulatory Commission shall be such as may be determined by the State Regulatory Commission by regulations with the approval of the State Government.
(4) The State Regulatory Commission may appoint consultants to assist the State Regulatory Commission in the discharge of its functions on such terms >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 543 and conditions as the State Regulatory Commission may, by order, determine.
268. Functions of State Regulatory Commission:
(1) Notwithstanding anything contained elsewhere in this Act, the State Regulatory Commission shall perform the following functions, namely: -
(a) to determine separately for each municipality the rate at which it can charge for water-supply,
(b) to determine separately for each municipality the sewerage charges on the owners of premises for connection of such premises to sewerage mains,
(c) to determine separately for each municipality the rate or the principles for determination of the amount of charges for solid waste management,
(d) to determine separately for each municipality the rate or the principles for determination of charges for any other services,
(e) to set standards for the provision of municipal services in the State including standards relating to quality, continuity and reliability of such services,
(f) to suggest avenues for participation of private sector in the provision of municipal services,
(g) to ensure a fair deal to the citizens, and
(h) to promote competition, efficiency and economy in the activities of the municipalities in the provision of municipal services.
(2) Without prejudice to sub-section (1), the State Government may, by notification, confer any of the following functions on the State Regulatory Commission, namely: -
(a) to aid and advise the State Government on any matter concerning the provision of municipal services in the State and the formulation of state policies in this regard,
(b) to collect and record information concerning the provision of municipal services in the State,
(c) to collect and publish data and forecasts on the demand for, and the use of, municipal services in the State, >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 544
(d) to adjudicate upon the disputes and differences between any municipal authority and any suppliers of municipal services in the public or private sector or to refer such matters for arbitration,
(e) to co-ordinate with the environmental regulatory agencies and to evolve policies and procedure for appropriate environmental regulation of municipal services, and
(f) to aid and advise the State Government on any other related matters referred to the State Regulatory Commission by the State Government.