Section 82 — Constitution of State Commission.

82. Constitution of State Commission.–(1) Every State Government shall, within six months from 
the appointed date, by notification, constitute for the purposes of this Act, a Commission for the State to 
be known as the (name of the State) Electricity Regulatory Commission: 

Provided that the State Electricity Regulatory Commission, established by a State Government under 
section 17 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and the enactments 
specified in the Schedule, and functioning as such immediately before the appointed date, shall be the 
State Commission for the purposes of this Act and the Chairperson, Members, Secretary, and officers and 
other employees thereof shall continue to hold office, on the same terms and conditions on which they 
were appointed under those Acts: 

Provided further that the Chairperson and other Members of the State Commission appointed, before 
the commencement of this Act, under the Electricity Regulatory Commissions Act, 1998 (14 of 1998) or 



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under the enactments specified in the Schedule, may, on the recommendations of the Selection Committee 
constituted under sub-section (1) of section 85, be allowed to opt for the terms and conditions under this 
Act by the concerned State Government. 

(2) The State Commission shall be a body corporate by the name aforesaid, having perpetual 
succession and a common seal, with power to acquire, hold and dispose of property, both movable and 
immovable, and to contract and shall, by the said name, sue or be sued. 

(3) The head office of the State Commission shall be at such place as the State Government may, by 
notification, specify. 

(4) The State Commission shall consist of not more than three Members, including the Chairperson. 

(5) The Chairperson and Members of the State Commission shall be appointed by the State 
Government on the recommendation of a Selection Committee referred to in section 85.