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Section 91: Secretary, officers and other employees of Appropriate Commission

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 90 All 185 Sections of Electricity Act Section 92

Legal Commentary & Landmark Judgments: Section 91

Section 91 of the Act provides for the appointment of the Secretary, officers, and employees of the Appropriate Commission, ensuring specialized administrative, economic, and legal support for regulatory operations.

  • Autonomous Secretariat of the Commission: Empowers the Commission to determine its own staffing requirements and appoint qualified professionals in finance, power systems, and law.
  • Independence from Executive Control: Vests administrative control over the secretariat exclusively in the Chairperson of the Commission, preventing executive bureaucratic interference.
  • Authority to Engage External Technical Experts: Empowers the Commission to hire specialized legal and financial consultants to conduct independent audits and tariff modeling.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court emphasized that adequate, independent technical and legal staffing is essential for Regulatory Commissions to function effectively as quasi-judicial bodies.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the administrative autonomy of regulatory secretariats.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed the vital role of the Commission's technical officers in evaluating complex tariff petitions.
Courtroom Practice & Strategic Litigation Guidance:

Address all formal filings, caveat petitions, and interlocutory applications to the Secretary of the Commission under Section 91, ensuring service conforms strictly to the Commission's Conduct of Business Regulations.

Section 90 All 185 Sections of Electricity Act Section 92