The Electricity (Supply) (Powers and Terms of Office of the Chairman and Members of the State Electricity Board (Madhya Pradesh) Rules, 1977

Published vide Notification No. F. 2-101-13-76, dated the 12th/17th June, 1977, M.P. Rajpatra Part 4 (Ga), dated 6-1-1978 at pages 2-4

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In exercise of the powers conferred by clause (a) of sub-section (2) of Section 78, read with Section 8 of the Electricity (Supply) Act, 1948 (No. 54 of 1948), the Governor of Madhya Prdesh hereby makes the following rules, namely :-

Short title.- These rules may be called the Electricity (Supply) (Powers and Term of Office of the Chairman and Members of the State Electricity Board) (Madhya Pradesh) Rules, 1977.
Definitions.- In these rules unless the context otherwise requires :-

(a) "Act" means the Electricity (Supply) Act, 1948 (No. 54 of 1948),

(b) "Board" means the Madhya Pradesh Electricity Board constituted under Section 5 of the Act;

(d) "Member" means a Member of the Board and includes the Chairman, where the context so requires.

Term of Office of Chairman and Members.- (1) The Chairman and a Member, other than a member who is a Government servant or a servant of the Board, shall hold office for a term of three years from the date of his appointment under sub-section (2) or (5) of Section 5 of the Act.

(2) A Government servant or a servant of the Board appointed to the Board as a Member shall hold office as a Member during the pleasure of the Government.

(3) A person who holds office as a Chairman or a Member shall, on expiration of his term of office, be eligible for reappointment to that office if he is physically fit to continue as such member and another person possessing the requisite qualifications and experience is not available.

Resignation.- The Chairman or any Member other than the Member who is a Government servant or a servant of the Board, may resign his office by giving three months notice in writing to the Government.
Ceasing to be a member.- A Member who is a Government servant or a servant of the Board shall cease to be a Member on attaining the age of superannuation prescribed under the relevant rules applicable to him as such servant :

Provided that he shall continue to be such member if he is reappointed by the State Government as a member for the unexpired term of his office.

Casual vacancies.- In the event of occurrence of casual vacancy in the office of the Chairman or a Member as a result of death, resignation or otherwise, before the expiry of the term of office, under sub-rule (1) of Rule 3, such vacancy may be filled by appointment, under Section 5 of the Act, of a person eligible for such appointment under the said section and the person so appointed shall hold office for the unexpired term of his predecessor.
Remuneration/Fees.- Except as otherwise provided in the case of the Chairman or any other member by the State Government in any case, the remuneration of the Chairman and other members of the Board not being a Government servant or a servant of the Board, shall be Rs. 40 for each day of attendance at a meeting of the Board, It shall, however, be open to such Chairman and other member not to draw any remuneration and to work in an honorary capacity :

Provided where a member, other than Government servant or servant of the Board, has been allotted any special whole-time work, he shall get such remuneration as may be fixed by the State Government.

Travelling Allowance.- The Chairman and other member shall for journeys performed for the purpose of the Board be entitled to such travelling allowance as is admissible to the officers of the Grade A of the Board :

Provided that the Chairman and other members may in the discharge of their duties travel :

Provided that the Chairman and other members may in the discharge of their duties, travel :-

(i) by the highest class of accommodation available in the railway including air-condition accommodation; or

(ii) by air.

Leave.- (1) The Chairman or any other member of the board (excluding however, an employee thereof), or whom a consolidated monthly remuneration is paid, shall, during his term of office be entitled to the following leave benefits, namely :-

(a) earned leave at the rate of one-eleventh of number of days spent in office as Chairman or Member, as the case may be;

(b) the maximum period of leave which may be availed of at any one time, shall be sixty days;

(d) The leave salary shall be equal to his consolidated monthly remuneration.

(2) If the Chairman or any other member is reappointed by the Government, he shall not be entitled to carry forward any leave which has been to his credit at the end of his previous term of office.

(3) Leave shall be granted by the Government to the Chairman on his application and to any other member on a recommendation made by the Chairman.

(4) The leave account of the Chairman and other members shall be maintained by the Financial Adviser and Chief Accounts Officer of the Board.

Medical facilities.- The Chairman or any other member of the Board to whom a consolidated monthly remuneration is paid shall be entitled to such medical facilities as are admissible to the officers of the Grade A of the Board.
Government Servants.- Notwithstanding anything contained in Rules 7 to 10 [the remuneration, allowances]leave and medical benefits admissible to the Chairman or any other member, who is a Government servant or who has superannuated and is re-employed after retirement from Government service shall be such as may be determined by the State Government in each case.
Responsibility of Chairman.- The Chairman shall be responsible for properly carrying out the directions and decisions of the Board. He shall serve as the Liaison Officer between the Government and the Board in all matters arising out of the administration of the Act to the extent the Government is concerned.
Difference of opinion between members.- If there is a difference of opinion between members the Chairman may settle the matter himself. But he may refer any matter of policy to the Government and place the directions received from the Government before the Board. No member will directly communicate with the Government in respect of the difference except through the Chairman.
Distribution of duties and functions.- (1) Subject to the provisions of the Act, the Chairman shall distribute the duties and functions among the officers of the Board.

(2) In respect of distribution of duties and functions pertaining to the disposal of the case work in the Secretariat of the Board on such subjects as are not to be included in the regular agenda of the Board's meeting the orders of the Chairman shall be final.

Controlling Officer.- The Chairman shall be the Controlling Officer in respect of travelling allowances and other allowances, if any, admissible to himself and other members.
Performance of Journey outside the Jurisdiction of the Board.- (1) The Chairman shall be competent to allow the members to undertake journeys for the performance of the duties of the Board outside the Jurisdiction of the Board but within India and also to make arrangements for the discharge of their functions and duties in their absence.

(2) In respect of every journey to be undertaken by any member outside India, the Chairman shall obtain the prior approval of the Government to such proposal and shall for that purpose furnish to Government full particulars as to the necessity of the journey, the source of funds and the Board's resolution in extense thereon.

Records of proceedings.- The proceedings of every meeting of the Board shall be recorded in the form of a resolution or a set of resolutions in a minute book to be kept for the purpose for each year and shall be signed by the Chairman of the meeting at that or the next succeeding meeting as per the Board's procedure in his behalf. Where a member so desires such resolution shall state the expression of his dissent thereto and the reasons thereof. The Secretary shall be responsible for the custody and safe preservation of all the minute books.