Term of office and conditions of service of Members
Section 89 of the Electricity Act, 2003 deals with term of office and conditions of service of Members. The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office: Provided that the Chairperson or other Member in the Central Commission or the State Commission shall not be eligible for re-appointment in the same capacity as the Chairperson or a Me The Act came into force on 10 Jun 2003.
(1) The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office:
Provided that the Chairperson or other Member in the Central Commission or the State Commission shall not be eligible for re-appointment in the same capacity as the Chairperson or a Member in that Commission in which he had earlier held office as such:
Provided further that no Chairperson or Member shall hold office as such after he has attained the age of sixty-five years.
(2) The salary, allowances and other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed by the Appropriate Government:
Provided that the salary, allowances and other terms and conditions of service of the Members, shall not be varied to their disadvantage after appointment.
(3) Every Member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed.
(4) Notwithstanding anything contained in sub-section (1), a Member may--=
(a) relinquish his office by giving in writing to the Appropriate Government a notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 90.
(5) Any member ceasing to hold office as such shall--
(a) not accept any commercial employment for a period of two years from the date he ceases to hold such office; and
(b) not represent any person before the Central Commission or any State Commission in any manner.
Explanation.--For the purposes of this sub-section "commercial employment" means employment in any capacity in any organisation which has been a party to the proceedings before the Appropriate Commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an advisor or a consultant.
STATE AMENDMENT
Andhra Pradesh
In section 89, in sub-section (1), for the existing two provisos, the following provisos shall be substituted, in their application to the State of Andhra Pradesh, namely:--
"Provided that the Chairperson or other Member in the State Commission shall be eligible for re-appointment in the same capacity and shall hold office as such, till he completes the term of five years including the term already held before such re-appointment:
Provided further that no Chairperson or Member shall hold office as such after he attained the age of seventy years."
[Vide Andhra Pradesh Act 11 of 2016, sec. 3 (w.e.f. 14-4-2016).]
Section 89, The Electricity Act, 2003 (Act 36 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Joint Electricity Regulatory Commission for the States of Manipur and Mizoram (Salaries, Allowances and other Conditions of Service of Chairperson and Members) Rules, 2006Rule 2006
- MoP Notification dated 14.08.2006Notification 2006
- Madhya Pradesh Electricity Regulatory Commission ( Salary,Allowance and other Service conditions of the Chairman and Members) Rules,2000Rule 2001
Questions about Section 89
What does Section 89 of the Electricity Act deal with?
Section 89 of the Electricity Act is headed "Term of office and conditions of service of Members". The Chairperson or other Member shall hold office for a term of five years from the date he enters upon his office: Provided that the Chairperson or other Member in the Central Commission or the State Commission shall not be eligible for re-appointment in the same capacity as the Chairperson or a Me
How do I find court cases under Section 89 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 89, section 89 Electricity Act 2003, section 89 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 89 of the Electricity Act, and has it changed?
Its own text turns on section 90 (Removal of Member), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently Joint Electricity Regulatory Commission for the States of Manipur and Mizoram (Salaries, Allowances and other Conditions of Service of Chairperson and Members) Rules, 2006 (2006), then MoP Notification dated 14.08.2006 (2006), and 1 more.
When did Section 89 of the Electricity Act come into force?
Section 89 of the Electricity Act, cited as Electricity Act 2003 89, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.