COMMTSSION'S POWER TO PASS ORDERS AND ENFORCE DECISIONS Interim 28. (1) Wiicre t bc Commission is satisfied that a licensee is contravening; or is orders. likely to coqtmvenc n ny relevant conditions or requils~~cnt of its licence, it shall by , f i n ~ l ordcr under section 29 and, if it thinks i t , a~propriate in accordance with sub* section (2) by intcrim order under this seetlon, issue such dierct ions as it deems proper for securing compliance.
(2) In determining whcther it is - appropriate that an interim ordcr be madc, the Comrnissi~n .;hall have regaid m particular to-
( 0 ) [he extent to which the COD travenlion or likely contravention by rhe licensee , mill affect the achievement of the objects and purposes of this Act;
(h) thc extent to rvhicb any Person is likely to sustain loss or danlage in consequence of anything which is likely to* be done or omittcd to be done
in contravention of the relevant condition or requirement, before a finaI order t a n bc made; and
(c) the extent to which there is any other available rcmcdy in respect of the alje~ed contravention of a relevant condition or, requirement.
20
(3) If the C~mrni~sion proposes to make an interim order, Lit shall givo notice to the licensee-
- . (a) stating that it propmes to make the order;
(b) setting out -
( i ) the relevant conditions or requirement with which ~ h c proposed order is intended to secure compliance;
( i i ) the acts or omissions which, in its opinion, constitute contravention 01 that condition or requirement;
. (iii) the other fact6 which ,in.itsopioion, justifyth~makin~oCtheproposed order; and
(iv), the eKects of the proposed order;
(c) specioing the period not being less than five .days from the date :of notice within which Lhe licensee may make representations or. objections to the proposed order.
(4) Subject to sub-scctjon (5). having considered any representations or objections from the licensee pursuant to clause (c) of sub-section (3), the Commission may make an interim order at any time after expiry of the period refarred to in cIause (c) of the said sub-section, if-
(a) the Commission bas reason to beIicvc that thc licensee to whom the order relates has contravened or is contravening or is likely ' to contravene any
. relevant condition or requirement; and
(b) the provisions made by the order are requisite for the purpose cf securing compliance with that condition or requirement.
(5) The Commission may not make an interim order if it is satisliedithat the licensee has agreed to take and is taking all such steps as the Commission considers
that the licensee should take to sccure compliance wilh the cor.dition or requirement in question.
(6) An interim order-
(a) shall require the Iicensee to whom it relatos to do,- or to abstain from doing. such things as are specified in the order;
(6) shall hke effect from such time as is specified jn the order; and
(c) may be revoked, modified ,or rescinded at any timc by the Commission, but in any event shall cease to havc d e c t at the end of such period as is stated in the order, unless the Commusion is at that time following the procedure set out in section 29 to declare the interim order to-be a final order.
(7) A6 soon: as practicabIe,l' after- making' an:,: intcrjm order, the Commission shall-
(a) serve a copy of the order on the licensec lo: whcm The order rclates;
(b) publish the order in such manner as i~knsiders appropriate - for the purpDBe of bringing it to the attention of parsons likely to be affected by it; and -(c) commence proceedings to declare the interim orders to;-be a final older in accordance with section 29.
final ordm~. 29. (1) If the ~mmission!proposcs to make a final order'or to declare an interim orderlto be a: final order, the Commission shall give not ice--
. , (a) stating that it' proposes tqimakelthe, finalzoider , or , to declare the interim
' order to be a h a l order; , -
21
(b) setting out the information referied to i n clause (b) af subsection (3) of section 28 in respect of the proposed final order ; and BKoct aad
cnlorcemont
of inhim
and -1 o+ and emerBenw pmvirloar,
(c) specifying the pericd, not being less than sixty days from the dete of publi- cation of the notice, within which representations or objecFions to thc pro-
posed order may be made.
(2) The Commission shall consider any reprcsenpt ions o'r objections that are duly madc and not withdrawn and shall publish details .of such representation6 or objections specifying a period, not being Icss than thirly days from the date of Publication of tho notice, within which iurlber representations or objections may bc made.
(3) A notice under sub-seclic>n ( I ) or (2) shall-be given-.
(a) by publishing the notlce in such manner as the Commission considers appra- priate for the purpose of bringing the matters to which the notice relate6 to
tht attention of persons likely to be affected by them ; and ,
(b) by serving a copy of the nolicc, and a copy of thc proposed final order on the 1icemeC to whom the order rclates.
(4) The Cornmjfision shaII not modiry the proposed final brdar as a rcsult of any representations or objections received foll~wjag publication cf the noticc referrcd to in sub-section (I), except-
(a) with the consent to thc modification of the licea~ee to whom the ~?roposcd find order relates ; or
(b) afrer conlplying with rhc requirement5 of sub-section (5). -
(5) The Co-mmission 'shall, for the purpose of sub-scctic a (4),-
(a) serve on thc licensee tr, whom the propped final ordcr relates such notice as appears to the Cornmr ssion to be requtsite, of its proposal to modify tbc proposcd final order, iogctber with details ~f such modi6cations ;
(b) specify in that notice the period not being less than thirty days from the date
of the service of the nurice, within which representations or objections to the pr opo6cd modification^ can be made ; and
(c) consider any representations or 0bjcction6 which ;re duly made and not with- drawn within ten days of the receipt thereof.
(6) The provisions of clauscs (a) and (b) of sub-secticn (6) ofscction 2! shall apply to final orders.
(7) As soon ;IS practicable .arm making a final ardcr, the Cornmission 6hall with respect to the find order, follow tho proccdurc set out in clauses (a) and (b)' I.C s u b section (7) of scction 28.
. (8) The Commission may revoke a final order at any time, but before revoking a
final ordcr the Comn~ission shall give noticc-
(n) stating that it p r o p o m 10 revoke the order and setting out its cgect; and
(b) s p ~ i f y i n g thc ptriod not being less than tbirty days from the date of publi- cation of the notice within which representations or objections to the pro- -
posed revocation may be made, arid shall consider any representations or objectit>ns which are duly made and not withdrawn within ten days of t h e
reccipt tl~ercof.
19) If, after giving a notice under sub-seplion (8) above, the Commission decides not to- revoke the final ordw to which the notice relates, it shall give notica of its deci- sion to the concerned persons.
(10) fl;c i?raccdure providcd in CI? uses (a) and (h) of sub-section (7) i , f sectir n 28 shall bc followed for givi np a nolice under sub-section (8) or (9).
30. ( I ) Withoul prejudice to section 46 of this Act, all oi4dcrs and directions, inw
rim Or final, passed by the Commission shall be enforceable in law as if it ~vcre a decree passed by a Civil Court.
(2) The Commission shall be entitled to take such assistance from the p?Ii* a n d othcr authorities in the Sterc required to dectively enforce the orders and d~reclrons given by it.
22
(3) The Commission shall b= ent illed io g ~ v e dirzctions for vesting. of thc managz- ment and ~antrol of any of the u?dertakiag or tile liccnscc with thc assets, interests .
and rights of the underlaking WJ th any othcr person or aullloriiy pending any enquiry and passing of inkrim or 6na1 orders in the matter, if the Commission considers. faking into account the object and purposes of this Act and the need to maintain continued supply of t l ec t r ic i l~ in an cficient and safe manucr to the consumer,
- it is necessary to pass such directions:
Prividcd that no direction undcr this sub-s:ction shall be issued without giving the licenscc 3 reasonable op-:ortunity of being heard
Flna and 31. (1) The Commission shall b:: ,entitled to impose such fines a d charges as may be or~scribed by the C o m m i s ~ i ~ n i n regulations for non-cumpliancc or viu1atib;n on tlle part of the gznerating companies, J llcensecs or Other persons, of the provisions or requirements of this Act or rulcs and regulations framed thereunder and directions or orders of the Comrnissio,n made from time to time. Tho fines which the C o m m i ~ ~ i ~ n shall be entitled to impose may extend up to rupees onc lakh for an act of non-compliance or I vio!ation and a futt!lcr amount not exceeding rupees dx thousand for every day during whlch tbe w n-compliance or violation continues.
[2) The Commis~ion shall, whilcmaking an interim or final order under this Chapter, be entitled to direc~ compensation to be paid by the person gujIty of violation or non-compliance as provided in i ub-section ( I ) to ithe person or persons a k t ed by such violation or non-compliance. .
(3) The fines, charges and compensation wbich may be iinposed by the Commiss~on under this section sball be in addition to and not in derogation of. any other IiabiIi ty, which the .person guilty of violation or non-compliance, may havc incurred.
Expfarrotion-In Lhis Chapter, the expression "relevant condition or requirementsl in relation to a licensee, means any condition OF thc licence or any duty or other requirement imposcd on i t by this Act or rules or regulations made thereunder or the Indian EIectricity Act, 1910 or the Eleclriciry (Supply) ACI, 1918. 9 of 1910 54 of 1948
CHAPTER X
ADVISORY COMMITTEE, CONSUMER COhTSULTAmON ~ommlrrlon 32. (1) The Commission shall, 'in consultution wilh the State Govcrnmont, constit utc s. committee to be known as the Commission Advisory. Commitrec, wbich ' I "mmlttH' shall consist of such number of persons, not bcing less than fifteen or morc than twenty-
one? as the Comlnissjpn may appoint af t ~ r consuIlatjon with ,such representatives or
bodm reprarcsentativc of tlle follow~ng interests as the Commis6ion thinks 64 that is to sxy, holders '01 supply licences in tlrc .State, I~clers of transmission licences in the
'r State, generating companies operating in the State, commerce, i odnst ry, transport, agriculture, labour em~loycd in the electricily supply industry and consumes of electricity: ,
Prav ided l l ~ a l thcre shall be at least one mcmbcr rcprcsent ing cach such inlerest on tho Commission Advisory Committec.
(2) The Chairman and meml)ers of thc Commission shall be exotcio Chairman and members of the Commi3sion Ad~isbry Committee.
( 3 ) The Cummi>sion Advisory Cornnlittcc shall mect a1 last once in cvory threc months.
(4) Tllc ru~~ctions of the Commission Advisory C~mmi l~ee shall he-
(a) t o advise the omm mission on major questio~is of policy; and ( b ) to advisc the Commission on fin?' matters relaling to thc quality, continuity and extent of servicc ~lrcvided by licensees and compliance by licensees with the conditions and requirements of then licenm.
23
Camamcr 33. (1) The Commission may, after consultation with the holders of supply :?Ad licences, other person6 or bodies appearjng to the Commission to be representative d ~ ~ , of persons and categories of persons ljkeIy tn be nflected and the Commission Advisory
mmm. Committw frame regulations prescribing-
(a) the circumstanccs in which licensees are to inform customers of their dghts;
(b) such standards of performance in relation to any duty +sing 'out of the righu referred to in clause (a), as the Commission consrders appropriate; and
(c) the circumstances ia which licensees are to be exempted from any requifemenw of the regulations ard may make different provision for
differkit Iicensees.
(2) No thing in this Act shall affcct the rights and ~rivileges of the consumers under any other Iaw including the Consumer Protection Act, 1986. 68 d 1986 Elsctric?~ 34: (1) The ~ o m m i ~ s i o n m y. after consultation with: licensees, the Commission ,
W 1 y Advis.ory Committee and with parsons or bodies appearing to it to be representative overall Mo,,, of persons likely to be dected, from time to time- standards. I (a) determine such standards of overall performance in connection with the
, , provision of electricity supply selvices and in connection wilh the promotion of - the efficient. use of electricity by consumers as in its ophioq is
economic and ought to be achieved by such licensees; and
(b) arrange for the publication, in such form and in sucb manner as it considers appropriate, of the standards so determined. . , (2) DjKcrcnt standards may be determined under this section for diEerent licensees.
lnfarmaon 35. (1) Thc Commission shall, from timc 'to time. collect information with
r m P t respect to-
lo IGVCI9 of
p.siormance. (0) the fines or pcnaltics lcvied on licensees under this Act; . ,
(b) the levels of overall perrormance achieved by Iicensecs in connection with the transuission and provision of electricity supply services; and
(c) .the levels of performance achieved by liccosees in connection with the promotion of the efficient ase of electricity by consumers. '
(2) On or before such date in each year as may bc specified in a directioll given by the Commission, each Iicensee shall rurnish to the Commission the informalion with respect to each standard determined under secrion 34,-
(a) the number of cases in which a penalty was levied and the aggregate amount of value of those penalties; and
(b) such information with respect to the level of perfolmance achieved -by the licensee as may be so specified.
(3) The Commission shall, at least oncc in cvery year, arrange for the publiealian, in such form and jo such manner as it considers appropriate of such of the information cdlected by, or furnished to, it under this section as may appear to thc Commission to be so required. .
~drkt loa 36. (1) Save as othcmjsc proyided in ihis Act, no' confidential information with an disclosum respect to any particjar busmess wh~ch-
of informa-
tlon. (a) has bcen obtained by thc Commission !under or by virtue of any of the provisions of this Act; md
.(b) rclatcs to the affairs of any individual or to any particular business, shall be discIosed by thc Commission, without the consent of that individual or the person for the time bcing cawing on that business.
24
, (i) T$+: &&c~$oi cobraided in sob-section (1) shall: not apply to any di'sclorurc
, . df Gfora&itjn wHih is mad&-
. -I' -
for lhe purpose o ~ ? g ~ i ~ b + g ,Cg.*ng out by tbd state Goq.e~meht of an;s, of its funct~oos'under a statti*;';.
(b) forthepnrpore o f f a c i ~ i t a t i n ~ t b CehYrall ~ o v e ~ & h ta &y *ui &-
of its duties or funcllons under this Act or any Ccntral law;
1. , ; , , ; , r - , A , (C) f ~ t &=PiIPos.e o! &cicj@.ng the . ~ ~ - , i c u d f & k - ~ e n e r l l &is8 k carq out his dudes: and functicns undcr Ibis 4 C t ;'
! i
(a') for the cf enatilfhg or a&ii&ng any cornpe'?ehc r.ersoi maiq
OUL its functions unde~ the law rela tinf t~~insotvency;
(e) in, C&cctioa with t h ~ invcsfigation 6f m y c*ifial offence or . for . the
purpos'ti o'f any himini1 prdteedings; or [f) far the puri~sis or any c&il pprocekdings ~adMder or by v i m e
of this Act c r any other Start: or Central law to whicb the information is h e c t l y relevant,
. ... .
. (3):Tbc rkstrictibng uoplrrinedj'dshb-sec1i6n (~)'s&ill' not, to .. , inrorjhation relating to rariff. 7-1
&&&, XL
ARBITWON AND APPEALS
ArbitreUbn 37. (1) NO tkithrtanding aaythivg cqaioed iq t h e A~bi&&sfion. Act, J 940. any 10 or IPQ
. by the didpute arising between licensees or in res~ep- , of,; m a t t pfqyfde,d- ~ d d e r section 33
Commission. shall be refcrqdsa thc.Co+ission, The ~ommissicn ,may pioded'td act as arbritrator or nominate arbitrators td &u'dicate.and settle s~h,dispote. .The practiq or procedure t?. . ~ C . f p l l o y ~ i.n .connection with any such adfidicaf ion and settlement shall be such as, ma$, be prescribed' by rcguIatidns'.
- ,
. . . .. , -
P , . ' -
(2) Where the award is made by ihc firbibator iipoi6tkd by th'6,comdssion
it shall be filed before the Commission and the Commission shall be cntiflcd to pis$ -8ppro~ri~tc~or~ersOnthe~awatdmcludi~,orderrrto,- ,
(a) co& and enfdfce the.award; ,
(c) remit the awa~d for re~onsider~tirn by the arbitrator. (3),~he,order ,paced by the Com@i.ssion under. sub-section (2) shall be a decision on order of tb'e Commission ,and. sh'all lie 'apgeelablc a9 provided in this Acf.' -7:s
(4) An award made or an order passed by the Commission Gder sub-section
(2) shall be enForceabIe as if it werd a d e c ~ e t of the Civil Court; Apptals from 38. Notwithst?gdj?e anything cqntajned, in the Indim E l e c ~ r i c i ~ ~ Act, 1910 or 9 ,r lglo
1
decisions or the Electricity (Supply) 'Act; 1948. or sny .rule? ma die. thereuqder, rd appeal. shall lie 54 of 1948 electrical from the decision uf an EIectrical inspectcr, other t h a n a n I n ~ p e c t o r o f t h t C e ~ ~ ~ a l iU*lors. Government orthr:CzntralElect~icityAu&ority, to theCommission.
. , < . . > . . -
39. Any p krson aggrieved &y d&isi*n or drder of the Commirsion psssed under 2&yth, t h i ~ Act may file an appeal to the.High Court on any questign pf i s a arising out of
~rdm vfrhe such order within ~ ix ty days from tbe date of commllnicaticn to him of the decision CoyssIon.,or order of ,the Commission.
for ' F40. n'hocror, in contravention, of the pmvisicnr of t h i s Act or the regulations mntmvenlian framed under this, Act or of the pr~nsions of the Indian Electricity Act, 19 10 or the 9 of 1910 ofmtbn 14. Electricity. (S~lppl~)'Act,' 1948 o r the'rulesframed.under the s ~ i d Acts,, engage inthe 54 of 194s. businas of transmission or- supply. or, use. :of -energy; shall* be punishable with impri- sonment which may extend-'to' six montlis, or ' with p-cnsltg by.way..gf.fjne which may extend to rupees one lakb, or both, and a further penalty which may extend to rupees six thousand fa each day after the first during which the offence continue..
25
Penalties 41. If any licensee or othet. person refuses or faiIs withcut reasonable excuse to snzg"n comply with, or give eEect to. any direction, order or requirement made under any of prodslom. the provisions of this Act, h- shall be punishable with imprisonment which may eKtend
to three months or with pennlty by way of fine which may extend to rupees one lakh,
or both, and a further penalty which may extend to rupees four thousand for each day
after the first during which the offence continuefi.
Offences by 42. (1) Where an offence under this Act has been committed by a company, every persvn wko, ~t the time the offence was ccrmmitted, was in charge of, and wae respon- sible to the company for the conduct of the business of the company, as wcll as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such pcrson liable to any plwishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
. (2) Notwithstanding anything contained in sub-s~tion (11, where an offence under this Act bas been committed by a company aud it is proved that the offence
bas been commit tcd with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other oBcer shall elso be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
. - . Explanation-For the purposes of this section, ,- I
(a) "company" means a body corporate and .includes a firm or other association of individuals; and
@) '~dirw~or" in releaticin to a firm, means a partner in the firm. Power to 43. The Commissi~n msy, for rrasons to be recorded in writing, either before or compound after the institution 'of proceedings, compound any O ~ ~ E ~ C E relating to contravention ofmas- ofanyordermadebyit.
Cogoizance 43. -11) No Court shall take cogniwnce of any offence punishable under this Act OF offen=. except upon a compIaint in writing made by an oficer of the Commission generally or spccjally nuthorised in this bchalf by the Commission, and no Court inferior to that of a Metropolitan Magistrate or a Judicial MagiSEkte of the Firrt Class shall try any such oflence.
.(2) NotwithstmdiPg anything contained in the Code of Criminal Procedure, 1973, a Magistrate may, if he sees reason so to do, dispense with the personal 2of1974 , attendance of the officer of the Commigsion filing the complaint. I
-
pcnaliics and 45. The proceedings and actions under this Act against a Per6on'cont13vening I proceedings the provisions of this Act or orden Passed by lhe Commis~ion shall be in addition to not to and without prejudice to actions that may be initiated under other Acts including under 9 of 1910 ~ ~ ~ d ~ ~ , , s , the Indian Electdcity Act, 1910 and the Electricity (Supply) Act, 1948. 54 OF 1948, h
W A I T E R xm
MISCELLANEOUS
M,,y of 46. The Co~rnission shall be entitled to recpver all sums due toit under this fees, finm Act whether by way of licence fees, fines or charges, In accprdance with the provisions and charges. of the Qrissa- Public Demands Recovery Act, I962 as ~fany such sum were a public orhaAa demand as defined in that Act and hand over the amount due to thc person or authority 1 of ,962 concerned. * .: +
- --%=a-
Application 47. he Commission or Court im~osing the fine and charges under this Act may of fine and direct that tlie whole or any part thereof shall be applied in or towards payment of the charga* costs of the proceedings.
No part of 48. The licensee, generating companies and others on whom the ants, ~harges or the 6 n ~ or penalties are imposed under this Act shau not, directly or indirectly, pass the same Penarhes to the consumers in &e form of tariff or.charges payable.
mp osed to
be p a d on.
26
prote&n of 49. No suit or legal proc~dings hall l ie against thc Commission or the Chairman adon faken or-other membprs of t l le Commission or tbe staff or r~prcsentatives of the Commission in g* faith in respect or anythirig which is in good faith done or intended to be done under this Act or any rul2-or r~gulations or order made thcreundcr. - t*, ' - ?A,&
-* FA
. - . - -
Bar d 50. No order or proposal mad2 under this Act or rul: s or regulations Damcd jurindictlon. under this Act Qall b= appeaIable exczpt as provided in this Act and no Civil Court including under the Arbilration Act, 1940 shall have jurisdiction in respcct of any I0 of 1940 matter which the Commission or the appellate authority under this Act is emowered by, or under, this Act to determine.
P o w to 51. (1) IF any difficulty arises in giving effect lo the provisions of this Act or the remwt rules, regdationa, scheme or order9 made thereunder, the State Government may by dirscultlw* order published in the Gazette, make such provision not inconsistent with the provi- sions of this Act as appears to it to be necessary or expedient for removing the difficulty. .
(2) Every order made under this section s h d , as s w n as possible after it is made, be laid before the State Legislature.
J
Prcadnm 52. AH proceedings before the Commission shall be deemed to be judicial procec-
lxforo din& within the mcaning of sections 193, 219 and 228 of the Tndiaa Penal Code and Commission tohjudicld !he COmmission shall be deemed to be a Civil Court for the purpose? of scction 195 45 of 1860 promedhgs. and Chapter XXVI of the Code OP Criminal Procedure, 1973. 2 of 1974
Membs 53. The Chairman, other members and officers and other employee of the
and ataff of Com&ssion appointed for carrying out the objects and purposes of this Act shall
-On be deemed to be public sewants within the meaning of section 21 of the Indian4sorlsm
to Pep1 Code. W*Pts.
~ o w ~ r t o 54. (1) The Commission shall have power to frame reg~lationifor the e5cient
malm rtgula- ptrfomancc of its functions under this Act by nctification in the Gazerte.
dm&
(2) In partimlar, but without ~rejubiie to the generality of the provisions of sub-section (11, such regulations may provide for 011 or any of the following matters, namely :-
(a) the administration of the affairs of the Commission, the exercise of its adminislrative, quasi-judi~i:ial and judicial powers including arbitration and prooedcre, the summoning and holding of meeting of the Commission, the times and places at which such meetings shall be held and the conduct of the business !hereat;
(bj' the duties of the Secretary, cjficcrs and employees of the Commission; '
(i) date~mination of the hnctions to b artsigned to li&nsees. and others jnvo1ved in the generation, purchase, transmission, distribut~on and supply .
of electricity, the manner in which such functions shall be discharged and the pr~cedurcs and cades to be adopted and enforced in rcgard to the operation and maintenanca of Power system and eIeclric supply.lins.
(S) tho procedure for licensing of transmission and supply, ihecoodiljonsfor the grant of Iicences, the Particulars, details and documents to be made available by the pcrsons applying for licences, the standards and general conditions subject to which the Il#*cts shall ' be panted, the exemp~i~ns from grant of licences, the revocation 'and amendment OF licences and the
eKect thereof and all matters related thereto;
(e) the duties, powers, rights and obligations of l i e ~ s e e ~ ; .
U) the ~articulars to be furnished, the collection of informations, details, particulars, docurnent~i* ~ c C O U ~ ~ ~ , books from or of the persons involved in the generation, transmission, dlstribution, supply and use of elecfricity, the form and manner in which the same are to be furnished znd enforcia and compeling theproduction of the same;
(g) method and manner of determination of licensee's revenues, tariff kltion, the matter0 to be considered in such determination and fiation;
(11) the -constitution of the commission Advisory Committee ;
27
(0 tho determination of ?he staqdard of arfosmeqcp. if 'the inyDIv.e$. 'i'n' the genelation, transmission, distrjbuti~n ang $upply q( el3rlcity in the; State;
(j) a e amount of fines and panallies to be imposcd for violation of provisions
'
df this Act includag the method and; manner. of imposition o$ fines 8nd penal tics: and coilection of the, same; , .-. , . - . . - . - (k) to pr~scribe the fbrm and manair ii ivttikh the zccouuts of Ihe Coqrnissipe 6hallbcmaintained;add . - ' -
( I ) any other matter which is .required to be, or may bs, piescribdl by regulations.
Power to 55.. 4) .The .State Goveromeot may, by npiificalion, make rulk to carq out its mah iun=tio.ijs u d e r ilie, provisioas,,of the Akt. ... . I . * . C' . ,. .
(2) In butwithout prij;dice' to th& gkbeia~ity of the pow& &#;tIt:.d ip sub,sectiqn (I), such rules may provide for all or any of the following matters, ridbklk - , .
(a] the procedure to be adopted by the selection, ~ommi'ltee far d i i ~ h a r ~ of its functians under the Act;
, ' I . ..,, - ' . p"
(b) tho Rr=paradin i4+. jrs4S.rel ~+i?*ei , the. trrnrf:r of assets to. ge'ieratjng . .. arid' .. , others in the State;
. 1 . . .
(c) the fiOBmi~p, fuiding a i d giviiig: guirintea to PSF;Oi~, .iEva~ved, R tb= generation, transmissioo, distribution and supply of electricity, in the Stdte; . and ...
(d), any dhiq matierr ahiqh is re ,p i~ . id , lo b=, a! maybe ~rereribt,d 6 y rul,rs.
' , - ,'.
aula and 56. Every rule and regulation made under this .Act shall, as soon 8s may be roB ulatlons a f t~r i t is, made, be lajd before the Stale Legislature for a total period of fourteen tobaleid* d~iy6- whichVh.'njay be, c o m ~ s i s e d i n o ~ e ~ o r m e s ~ s i ~ n s a n d i f ~ d u r i n g t h e ~ q i ~ p e r i o d the State Legisidre makes modificdtioiis, if any. thereinltbe rule or regulation sgall.
thp,?vef, have effect, only in such modified form so, however, that such modification * sb8)I be wi$our, prej~i~dice-to the valrc$ty of anything . . previously dohe under, that rule
' or iegilation.
C W R M V
sPw.m ON EXISTING CENT* LAW E B ~ . of 5 i (1) ~ x c c p i as provided in seiti6n 58, the provisions qf this Act, .notwithstanding Act on the that the same are inconsistent with or contrary to tbe 'revisions of the Indian EIectricity IndIan elatricitr Act, 19.10; o r the Eltcqicily (Supply) Act, 1948 sL 9 1 prevail in tbc maanet and to the -
1910 an_d extent provided in .sub-section (3):
tba B1:ctrlcity
ISuuply) Act, (2) Subject to ~ub~fection (I), in r e s p ~ t o t , afl np!tters,in the h d i + ~ l&h~it~ Act, 1948. 1910 and the Electricity ( Supply ) Act, !948, wirh which the Bqard has bcen concer- s +- ned or dealing with, uppn the, constiJu!lon of jhe ~Qmmission, the fuijnctiot& of the
Bosrd shall be, discl~argeo by the Commissiop, and .Gridc~ prorided I!?w~ver &at,-
(a) the Btare,Govcnmznt, s&IL be. enti~lc4 1 o issue all poljcy directives and
. , undertake ove~all planping and, cp-or#qatiqn as specified, in section 12 and. to,this extent, the powers and, functions of, the' Board, a6 set out in
the Indinn Ele,cclricity Act, 19!0 and, the Elecfrj,cjly ( ,Suq ly ) .Act, 1948
or rules made thereunder shall vest in-the Stat,e Government and the State Government shall co70rdinate and deal with the, Central Government and the Central Electricity Authority ;
(b) in rcspccl of such matrcrs which the Commission- directs in terms of a general or special prd~r , or in reguIatiohs or in a licence or lioances, as the case may be, every generating company, or other body corporate as may'be designated by the Commission shell discharge the functions oft he'Board under the Indian Eiectricjty Act, 1910 and the Electricity (Supply) Act, 1948 to the extent directdd .by the Commi- ssion or spwifie,d in licgces.
(3) S ybject to sub-sections (I) And (2); upon the , establishnent of the Commission, the provbons otthe .lnd~an EIectrjc!ty Act, 1810 gnd the Electricity (Supply) Act, 1948 shall f n their application to the State, be subjkr to the following modifications and raservations.
28
INDIW ELECIRIClT)! ACT, 1910 (a ~ l i rererences to the State Eleclricity Board in tho Indian Electricity Act, 1910 shall be read as refcmnce to the Commission or Gridco or other l icens~s or whorevor it relates to general polic J matters, to tL
. State Government .
(ii) In rcspect of matters provided in sections 3 to 1 I , 28, 36 (2), 49-A, 50 and ' . . -51 of the Indian Elwtrieity Act, 1910, to the extent has made specific provisions, thc provisions of lbc Indian Electricily Act, 1910 shali not
upply.
(iii) The provisions of all other stctions of the Tndian Electricity Act. 1910 shall
; . . - apply exccpt that:-
- . , , (a) the expressions "licence", "licensee" and "Iicen~e holder" shaII bava
' I the meaning ns defined under ibis Act and tho licences shall be construed
'I as having been issued uuder this Act ;
(6) rbc rcferencc to the Se3ions of tho Indian Electricity Act, 1910 and tho , : Electricily (Supply) Act, I948 in the provisions of the Indian Electricity Act, 1910 shall be taken as rerercnces to tho corrcsponding provisions J . . of this Act to the extant modified by this Act;
(c) the rcferencc to arbitration in these provisions, except where it is bf the Central Eleclricity Xuthoriiy, shall be taken as refercocc to the
, .
I - r . , proccediugs undcr scction 37 of this Act and the arbitration proce Jure . . P - .,. . prescribed undcr the Indian Elec(ricity Act, 19 10 shall not apply.
(ill) 'Thc Scl~edules to the Indian Electriciiy Act, 19 10 shall be applicabIe only , I . '. with reference to the prcvisisns in this Act in which the applications of the
, . .' Schedule is specified and not othcrwisc. . ' I * LL~TRICITY . ( SUPPLY ACT, 1.948
(11) All reference: to the Statc Electricits Board in thc Elcctricitv (Supply) Act,
1.1 - , . , . 1948 shall bc re.ad as rcrcrcnccs to the Conl~n issi'on o r - ~ r i d c o or other - licensees OF where it rclatcs to general policy matters, thc State Government.
; . ', ' . , 1
.. . . , ,,,(vi) ' 111 rzspect of msttcrs provided in sections 5 to 18, 19, 20,23 t o 26,27, 37 ,
, . .
40 to 43, 44;45 to 54, 56 to 69, 72 and 75 to 83 oP t l ~ c Electricj ty (5 upply)
- , I .
, . ., , . dct, 1948, rq the extent this Act has niadc specific,provisions, thc provisions .! . .. ' of the Electricity (Suppl* Act, 1948 slinll not apply. - . - . , .
. .' , . I ( v f i ) The p r i v i s i o ~ ~ OF - all other sectioiis of the Electricily {Supply) Act, 194%
- , , ., . . . shall apply except that- . .
": , I , . . ' . (n) thc cxprzssions "licence", "licc!~see" and "licence holdcr" shall have -
. , I - , . . tile mcaning as defincd under this Act and thc licenccs shalt be construed as having been iss,ued under lllis Acl;
, (6) the reforencc to, the sections of the Indian Elcctrjcity Act, 1910 and tho
, ' . . Electricity (SuppIy) 'Act, I948 in the provtsjons of thc E Icctricit y
. (Supply) Act, 1948 5hall be taken as rcfcrence to the corrcsponding provisions of this Act to thc extout modified by this Act;
(c) the reference to arbitration in thcse provisions except whcrc it is by t hc
Central Electricity Authority shall be l?kell as reference to the proceedings under section 37 of thrs Acl and [he nrbitra-
tion procedure prsscribcd under ~ I I C Electricity (Supply) Act, 1948 shall
.... . . - not apply. .(viii) The provisions of sections 72 a'nd 73 of rhc Electricity (Supply) Act, 1948 shall by restricted to _ecnerating companies and rcfcrci~ce to the State
. , . Electricity Board in these scctio~s hall stand delelcd . . . ' ' ( i x ) The Schedules tc t h e ~lectricit y (Supply) Act, 1945 6halI b:: applicable only , , .!. : , . , with referen= to the prbvisions in this Act wherein thc applications
of thc scl~cdules are spccified and not otherwise.
Tavingc 5S.(1)Notrvithatanding anything contained in this Act, thc powers, rights and fuuc- .: '''tions of- the Regional Electricity Aubority,the Central Electricily, Aulhor ily, ihc Central ~overnrnent and authorities, other than, the Stale Electricity Bonrd and the Statc
Government uoder the Indian Electricity Act, 191 0 or the Eelctricitg (Supply) Acl, 1948
or rules' framed thereunder shall remain anaRected and shall wntinuc to be in forco. .
. I ,, #.,,,;I.: '.., - (2),Nothing contained in this Act shalI apply to the Power Grid Corporation o i
-: ., ',!:,,
I;kited o: other bodies or licensee8 in relation to the interdtste transmission of electricity.
29
1 < . 3 4 < .
SCHEDULE, -. - 7 - . . .,..-. , . \. ,-.-
I ' . --; ;
':THE - . ~ R I S S A BLECTRI CI TY REGULATORY ' COMMISSIO~ , .
. . PARTI - .
The'commission's Pinance,~Accourits and Aadit
. L Armoal Fin;aricial Statement
' - (1) Tn ~.ecernber of each year, the Commission shall submit to ihe Slatc Govern- ment a statement of i t s estimated expenditure far the ensuing Financial year.
(2) Tl~c State-Government sllbll as soon as possible after the receipt of the said stztcment cause it to be laid on the table of the Stale Legislature.
(3) The Commission mag :t any time during the year in respect of which a statenlent under sub-paragraph ( I ) has been submitted, submit a supplementary ttaternent to the Slate Govcrnmcnt who :half cauce 'it to bc laid on,rhe table of the '
Slate Lcgislaturc. Il. Accounts and Audit
. ( I ) The Cummission sbaII cause proper accouqts and related records lo be kept,
incurding a proper syhtcm of internzl chcck and shall prcparc an annual statement of accounr- in such form as may bc prescribed by rcgulaiions in consultation with the Comptroller and Auditor-General oZIudia or persons disgnated by him. (2)Tbe accounts of the Commission ha l l bc audiled by ille 'ComptroUer aad Auditor-Gcncral of India or by such, peron i!s be may authorise on his behalf and
, any expenditure incurred by him in connection with such audit shall be Payabi~ by the St& Government.
( 3 ) Tbe Cornptr~ller and Auditor-Gencral of India or any pcrson authorised by him in connec~ion with the audit of thc accounts OF thc Commission shall: have the right to demand the production OF books, zccounls, connected vfluchers and other documents and papers of thc Commission.
(4) The accounts of the Commission as ccrlifrcd by the comptroller and Auditor-
-General oT India or any other pcrsclri ;lu!Loriscd by him an his bchaIf, tagether with
the audit report thereon shall be fonvarded to rhe State Government within six months . ,
Ofthe dose bf the year to which tbc accounls and abdit report relato, and the Commission shalt cause the said accounls of the Commis:ion to be published and make
available the copies ibere?P on sale at a rcasoaablc price. The audit report shall-
contain full details of any discrepanciz-. or irregularities in the accounts of the
Commission. - At the samc time, thc Commission shall publish an annual statement
of its acti vitics rn relation ro the function.. citl~icd ut:t by it under this Act during the year to which the said accounts relaic and make availeMe tbe copjes thereof . . on sale at a reasonabIe price.
, ( 5 ) The State Government 5hall cal se the acc0I111Is of the Commission, together with !be ad11 repor[ ihercof fo~warded to itunder sub-paragraph (4), to be laid annually before the Siate Legislature.
PART 11
Gcncrnl m. Remuneration, ctc.
(1) The rcn~uneration of Lbc Chairman and members of the Commission shall at no time be infcrior.to the remuneratiou p;:id to the Chairman and members of Orissa Public Service Commission r rspect ivcly.
t2) The Statc Government may musc to b.: paid, as nn c x p m e of the Commi6sioa, to or in respect c.f any person holding the nllicc of C11;:imtan clr a member of the Commission such pcrrsion, auawancc qr. Eraiuily or .vch contribulinns or paymentP towards provisions of ssch a pcnsion, a l l ~ w ~ l n c c or grniuily.
IV. OfFtcial Sea! The Commission shall have an official seal Tor the authentication of docunloats
30
4
ORISSA ACT 1 OF I999
*THE 0-A EZECTRICITY REFORM (AMJZNDMENT) ACT, 1998 [Reoeived the assent of the Governor on the 9kh January 1999, k t publi- shed in an extraordinary issue of the Orissd Gazette, dated the 1 lth January 1999) BE it enacted by. the Zegislature of the Slate of Orissa in the Forty-ninth Year of the Republic of India as Tol1ows:-
1. ( I ) This Act may be called the Orjssa EIectricity Reform (Amendment) Sholf,it10 Act, 1998. -
Cammen-
Wt. (2) It :aha11 be deemed to have come into force on the 30th day of October, 1998.
Amendment 2. In the Orissa Electricity Reform Act, 19'95 (hereinafter referred to as Orism AC~$
or s d i o n u. the Priacipal Act), for subsection (5) of section 23, ~e foIlow,hg subsection shaU of 1996. be Substituted, namely:-
"(5) The State Government may, after consulting the Gridco or QHPCI as the case may be, draw up a transfer scheme to tranefer and vcst, In a
subsidiary company of Gridco or OHPC or a licensee or a generating company any undertaking or part thereof comprising property, interest in property, rights and liabilities - and personnel including the proceedings in relation to such property, interest and personnel of the Glidco or OHPC, as the case may be, on such terms and conditions as may be specified in the transfer scheme
and every euch'.transfer scheme shall come into force on the date of its pnbli- cation in the Gazette and have effect as if it were a transfer scheme under subsection
(1) and section 24."
3. (1) The Orissa Electricity Reform (Amendment) Ordinance, 1998 is orim m.
Rtpaal and hereby repealed. OM- No. 3 savings. of 1998.
(2) Notwithstanding such repeal, anyt,bing done or any action taken under the principal Act, as amended bY the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.
*For the Bill, sec Orissa Gazette, Extraordinary. dated the (No.)