PART- XVIII
MISCELLANEOUS
Coordination Forum
166.
- The Central Government shall constitute a Coordination Forum consisting
of the Chairperson of the Central Commission and Members thereof, the
Chairperson of the Authority, representatives of generating companies
and transmission licensees engaged in inter-State transmission of electricity
for smooth and coordinated development of the power system in the country.
- The Central Government shall also constitute a forum of regulators
consisting of the Chairperson of the Central Commission and Chairpersons
of the State Commissions.
- The Chairperson of the Central Commission shall be the Chairperson
of the Forum of regulators referred to in sub-section (2).
- The State Government shall constitute a Coordination Forum consisting
of the Chairperson of the State Commission and Members thereof representatives
of the generating companies, transmission licensee and distribution
licensees engaged in generation, transmission and distribution of electricity
in that State for smooth and coordinated development of the power system
in the State.
- There shall be a committee in each district to be constituted by
the Appropriate Government -
- to coordinate and review the extension of electrification in each
district;
- to review the quality of power supply and consumer satisfaction;
- to promote energy efficiency and its conservation.
Exemption of
electric lines or
electrical plants
from attachment
in certain cases.
167.
Where any electric lines or electrical plant, belonging to a licensee are
placed in or upon any premises or land not being in the possession of the licensee,
such electric lines or electrical plant shall not be liable to be taken in execution
under any process of any civil court or in any proceedings in insolvency against the
person in whose possession the same may be.
Protection of
action taken in
good faith. 168.
No suit, prosecution or other proceeding shall lie against the Appropriate
Government or Appellate Tribunal or the Appropriate Commission or any
officer of Appropriate Government, or any Member, Officer or other employees of
the Appellate Tribunal or any Members, officer or other employees of the Appropriate Commission or the assessing officer or any public servant for
anything done or in good faith purporting to be done under this Act or the rules or
regulations made thereunder.
Members,
officers, etc., of
Appellate
Tribunal,
Appropriate
Commission to be
public servants
45 of 1860. 169.
The Chairperson, Members, officers and other employees of the Appellate
Tribunal and the Chairperson, Members, Secretary, officers and other employees
of the Appropriate Commission and the assessing officer referred to in section
126 shall be deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act to be public servants within the meaning of section 21 of the
Indian Penal Code.
Recovery of
penalty payable
under Act. 170.
Any penalty payable by a person under this Act, if not paid, may be
recovered as if it were an arrear of land revenue.
Service of notices,
orders or
documents 171.
- Every notice, order or document by or under this Act required, or
authorised to be addressed to any person may be served on him by delivering the
same after obtaining signed acknowledgement receipt therefor or by registered post
or such means of delivery as may be prescribed -
- where the Appropriate Government is the addressee, at the office
of such officer as the Appropriate Government may prescribe in this
behalf;
- where the Appropriate Commission is the addressee, at the office
of the Appropriate Commission;
- where a company is the addressee, at the registered office of the
company or, in the event of the registered office of the company not
being in India, at the head office of the company in India;
- where any other person is the addressee, at the usual or last known
place of abode or business of the person.
- Every notice, order or document by or under this Act required or
authorised to be addressed to the owner or occupier of any premises shall be
deemed to be properly addressed if addressed by the description of the owner or
occupier of the premises (naming the premises), and may be served by delivering
it, or a true copy thereof, to some person on the premises, or if there is no person
on the premises to whom the same can with reasonable diligence be delivered, by
affixing it on some conspicuous part of the premises.
Transitional
provisions. 171.
Notwithstanding anything to the contrary contained in this Act,-
- a State Electricity Board constituted under the repealed laws shall
be deemed to be the State Transmission Utility and a licensee under
the provisions of this Act for a period of one year from the appointed
date or such earlier date as the State Government may notify, and shall
perform the duties and functions of the State Transmission Utility and
a licensee in accordance with the provisions of this Act and rules and
regulations made thereunder: Provided that the State Government may,
by notification, authorise the State Electricity Board to continue to
function as the State Transmission Utility or a licensee for such further
period beyond the said period of one year as may be mutually decided
by the Central Government and the State Government.
- all licences, authorisations approvals, clearances and permissions
granted under the provisions of the repealed laws may, for a period
not exceeding one year from the appointed date or such earlier period;
as may be notified by the Appropriate Government, continue to operate
as if the repealed laws were in force with respect to such licence,
authorisations, approvals, clearances and permissions, as the case may
be, and thereafter such licences,clearances and permissions, as the
case may be, and thereafter such licences, authorisations, approvals,
clearances and permissions shall be deemed to be licences, authorisation,
approvals, clearances and permission under this Act and all provisions
of this Act shall apply accordingly to such licences authorisations
approvals, clearances and permissions.
- the undertaking of the State Electricity Boards established under
section 5 of the Electricity (Supply) Act, 1948 may after the expiry
of the period specified in clause (a) be transferred in accordance with
the provisions of Part XIII of this Act;
- the State Government may, by notification, declare that any or all
the provisions contained in this Act, shall not apply in that State
for such period, not exceeding six months from the appointed date, as
may be stipulated in the notification.
Inconsistency in
laws 173.
Nothing contained in this Act or any rule or regulation made thereunder
or any instrument having effect by virtue of this Act, rule or regulation shall have
effect in so far as it is inconsistent with any other provisions of the Consumer
Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989.
Act to have
overriding effect. 174.
Save as otherwise provided in section 173, the provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force or in any instrument having effect by virtue of any
law other than this Act.
Provisions of
this Act to be in
addition to and
not in derogation
of other laws.
Power of Central
Government to
make rules. 175.
The provisions of this Act are in addition to and not in derogation of any
other law for the time being in force.
176.
- The Central Government may, by notification, make rules for carrying
out the provisions of this Act.
- In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: -
- the time within which the objection and suggestions on the draft
National Electricity Plan to be invited by the Authority under the
proviso to sub-section (4) of section 3;
- the additional requirements (including the capital adequacy, creditworthiness
or code of conduct) under sixth proviso to section 14;
- the payment of fees for application for grant of licence under
sub-section (I) of section 15;
- the constitution and functions of the National Load Despatch Centre
under sub-section (2) of section 26;
- the works of licensees affecting the property of owner or occupier
under sub-section (2) of section 67;
- such other works which may be prescribed under clause (c) of sub-section
(2) of Section 68;
- allowances and fees payable to others Members for attending the
meetings of Authority under sub-section (14) of section 70.
- other terms and conditions of service of the Chairperson and Members
of the Authority under sub-section (15) of section 70;
- the functions and duties of the Central Electricity Authority under
section 73;
- the salary, allowances and other conditions of service of Chairperson
and Member of Central Commission under sub-section (2) of section
89;
- the form and manner in which and the authority before whom oath
of office and secrecy should be subscribed under sub-section (3) of
section 89;
- the procedure to be prescribed by the Central Commission under
the proviso to sub- section (2) of section 90;
- any other matter required to be prescribed under clause (g) of
sub-section (1) of section 94;
- the form in which the Central Commission shall prepare its annual
statements of accounts under sub-section (1) of section 100;
- the form in which and time at which the Central Commission shall
prepare its annual report under sub-section (1) 101;
- the form in which and time at which the Central Commission shall
prepare its budget under section 106;
- the form and the manner of verifying such form, and fee for filing
appeal under sub-section (2) of section 111;
- the salary and allowances payable to and the other terms and conditions
of service of the Chairperson of the Appellate Tribunal and Members
of the Appellate Tribunal under section 115;
- the salary and allowances and other conditions of service of the
officers and employees of the Appellate Tribunal under sub-section
(3) of section 119;
- the additional matters in respect of which the Appellate Tribunal
may exercise the powers of a civil court under clause (i) of sub-section
(2) of section 120;
- the authority to whom the appeal shall be filed under sub-section
(1) of section 127;
- manner of holding inquiry by an adjudicating officer and subsection
(1) of section 143;
- the form in which and the time at which service of notices to any
person or to the Central Government for the purpose under sub-section
(1) of section 161;
- the powers to be exercised and the functions to be performed by
the Inspectors under sub-section (1) of section 162;
- the manner of delivery of every notice, order or document to be
served under sub-section (1) of section 171;
- any other matter which is required to be, or may be, prescribed.
Powers of
Authority to make
regulations. 177.
- The Authority may, by notification, make regulations consistent with
this Act and the rules generally to carry out the provisions of this
Act.
- In particular and without prejudice to the generality of the power
conferred in sub-section (1), such regulations may provide for all or
any of the following matters, namely:--
- the Grid Standards under section 34;
- suitable measures relating to safety and electric supply under
section 53;
- the installation and operation of meters under section 55;
- the rules of procedure for transaction of business under sub-section
(9) of section 70;
- the technical standards for construction of electrical plants and
electric lines and connectivity to the grid under clause (b) of section
73;
- the form and manner in which and the time at which the State Government
and licensees shall furnish statistics, returns or other information
under section 74.
- any other matter which is to be, or may be, specified;
- All regulations made by the Authority under this Act shall be
subject to the conditions of previous publication.
Powers of Central
Commission to
make regulations. 178.
- The Central Commission may, by notification make regulations consistent
with this Act and the rules generally to carry out the provisions of
this Act.
- In particular and without prejudice to the generality of the power
contained in sub-section (1), such regulations may provide for all or
any of following matters, namely:-
- period to be specified under the first proviso to section 14;
- the form and the manner of the application under sub-section (1)
of section 15;
- the manner and particulars of notice under sub-section (2) of section
15;
- the conditions of licence under section 16;
- the manner and particulars of notice under clause (a) of sub-section
(2) of section 18;
- publication of alterations or amendments to be made in the licence
under clause(c) of sub-section (2) of section 18;
- Grid Code under sub-section (2) of section 28;
- levy and collection of fees and charge from generating companies
or transmission utilities or licensees under sub-section (4) of section
28;
- rates, charges and terms and conditions in respect of intervening
transmission facilities under proviso to section 36;
- payment of the transmission charges and a surcharge under-sub-clause
(ii) of clause (d) of sub-section (2) of section 38;
- reduction and elimination of surcharge and cross subsidies under
second proviso to sub-clause (ii) of clause (d) of sub-section (2)
of section 38;
- payment of transmission charges and a surcharge under sub-clause
(ii) of clause(c) of section 40;
- reduction and elimination of surcharge and cross subsidies under
the second proviso to sub-clause (ii) of clause (c) of section 40;
- proportion of revenues from other business to be utilised for reducing
the transmission and wheeling charges under proviso to section 41;
- duties of electricity trader under sub-section (2) of section 52;
- standards of performance of a licensee or class of licensees under
sub-section (1) of section 57;
- the period within which information to be furnished by the licensee
under sub-section (1) of section 59;
- the period within which the cross-subsidies shall be reduced and
eliminated under clause (g) of section 61;
- the terms and conditions for the determination of tariff under
section 61;
- details to be furnished by licensee or generating company under
sub-section (2) of section 62;
- the procedures for calculating the expected revenue from tariff
and charges under sub-section (5) of section 62;
- the manner of making an application before the Central Commission
and the fee payable therefor under sub-section (1) of section 64;
- the manner of publication of draft tariff order under sub-section
(3) of section 64;
- issue of tariff order with modifications or conditions under subsection
(4) of section 64;
- the manner by which development of market in power including trading
specified under section 66;
- the powers and duties of the Secretary of the Central Commission
under sub-section (1) of section 91;
- the terms and conditions of service of the Secretary, officers
and other employees of Central Commission under sub-section (3) of
section 91;
- the rules of procedure for transaction of business under subsection
(1) of section 92;
- minimum information to be maintained by a licensee or the generating
company and the manner of such information to be maintained under
sub-section (8) of section 128; (zd) the manner of service and publication
of notice under section 130;
- any other matter which is to be, or may be, specified by regulations.
- All regulations made by the Central Commission under this Act
shall be subject to the conditions of previous publication.
Rules and regulations to be laid before Parliament.
179.
Every rule made by the Central Government, every regulation made by the
Authority, and every regulation made by the Central Commission shall be
laid, as soon as may be after it is made, before each House of the Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification
in the rule or regulation or agree that the rule or regulation should
not be made, the rule or regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule or regulation.
.
Powers of State
Governments to
make rules 180.
- The State Government may, by notification, make rules for carrying
out the provisions of this Act.
- In particular and without prejudice to the generality of foregoing
power, such rules may provide for all or any of the following matters,
namely: - .
- the payment of fees for application for grant of licence under subsection
(1) of section 15;
- the works of licensees affecting the property of other persons
under sub- section(2) of section 67;
- such other matters which may be prescribed under clause (c) of
subsection (2) of section 68;
- the salary, allowances and other terms and conditions of service
of the Chairperson and Members of the State Commission under sub-section
(2) of section 89;
- the form and manner in which and the authority before whom oath
of office and secrecy should be subscribed under sub-section (3) of
section 89;
- any other matter required to be prescribed by the State Commission
under clause (g) of sub- section (1) of section 94;
- the manner of applying the Fund under sub-section (3) of section
103;
- the form in which and time at which the State Commission shall
prepare its annual accounts under sub-section (1) of section 104;
- the form in which and time at which the State Commission shall
prepare its annual report under sub-section (1) of section 105;
- the form in which and time at which the State Commission shall
prepare its budget under section 106;
- manner of service of provisional order of assessment under subsection
(2) of section 126;
- manner of holding inquiry by an adjudicating officer under subsection
(1) of section 143;
- the form in which and the time at which notice to the Electrical
Inspector under sub-section (1) of section 161;
- the manner of delivery of every notice, order or document under
sub-section (1) of section 171; and
- any other matter which is required to be, or may be, prescribed.
Powers of State
Commissions to
make regulations. 181.
- The State Commissions may, by notification, make regulations consistent
with this Act and the rules generally to carry out the provisions of
this Act.
- In particular and without prejudice to the generality of the power
contained in sub-section (1), such regulations may provide for all or
any of the following matters, namely: -
- period to be specified under the first proviso of section 14;
- the form and the manner of application under sub-section (1) of
section 15;
- the manner and particulars of application for licence to be published
under sub-section (2) of section 15;
- the conditions of licence section 16;
- the manner and particulars of notice under clause(a) of subsection
(2) of section 18;
- publication of the alterations or amendments to be made in the
licence under clause (c) of sub-section (2) of section 18;
- levy and collection of fees and charges from generating companies
or licensees under sub-section (3) of section 32;
- rates, charges and the term and conditions in respect of intervening
transmission facilities under proviso to section 36;
- payment of the transmission charges and a surcharge under subclause
(ii) of clause(d) of sub-section (2) of section 39;
- reduction and elimination of surcharge and cross subsidies under
second proviso to sub-clause (ii) of clause (d) of sub-section (2)
of section 39;
- manner and utilisation of payment and surcharge under the fourth
proviso to sub-clause(ii) of clause (d) of sub-section (2) of section
39;
- payment of the transmission charges and a surcharge under subclause(
ii) of clause (c) of section 40;
- reduction and elimination of surcharge and cross subsidies under
second proviso to sub-clause (ii) of clause (c) of section 40;
- the manner of payment of surcharge under the fourth proviso to
sub-clause (ii) of clause (c) of section 40;
- proportion of revenues from other business to be utilised for reducing
the transmission and wheeling charges under proviso to section 41;
- reduction and elimination of surcharge and cross-subsidies under
the third proviso to sub-section (2) of section 42;
- payment of additional charges on charges of wheeling under subsection
(4) of section 42;
- guidelines under sub-section (5) of section 42;
- the time and manner for settlement of grievances under sub-section
(7) of section 42;
- the period to be specified by the State Commission under sub-section
(1) of section 43;
- methods and principles by which charges for electricity shall be
fixed under sub-section (2) of section 45;
- reasonable security payable to the distribution licensee under
sub-section (1) of section 47;
- payment of interest on security under sub-section (4) of section
47;
- electricity supply code under section 50;
- the proportion of revenues from other business to be utilised for
reducing wheeling charges under proviso to section 51;
- duties of electricity trader under sub-section (2) of section 52;
- standards of performance of a licensee or a class of licensees
under sub-section (1) of section 57;
- the period within which information to be furnished by the licensee
under sub-section (1) of section 59;
- the period within which the cross-subsidies shall be reduced and
eliminated under clause (g) of section 61;
- the terms and conditions for the determination of tariff under
section 61;
- details to be furnished by licensee or generating company under
sub-section (2) of section 62;
- the methodologies and procedures for calculating the expected revenue
from tariff and charges under sub-section (1) of section 62;
- the manner of making an application before the State Commission
and the fee payable therefor under sub-section (1) of section 64;
- issue of tariff order with modifications or conditions under subsection(
3) of section 64;
- the manner by the which development of market in power including
trading specified under section 66;
- the powers and duties of the Secretary of the State Commission
under sub-section (1) of section 91;
- the terms and conditions of service of the secretary, officers
and other employees of the State Commission under sub-section (2)
of section 91;
- rules of procedure for transaction of business under sub-section
(1) of section 92;
- minimum information to be maintained by a licensee or the generating
company and the manner of such information to be maintained under
sub-section (8) of section 128;
- the manner of service and publication of notice under section 130;
- the form of and preferring the appeal and manner in which such
form shall be verified and the fee for preferring the appeal under
sub-section (1) of section 127;
- any other matter which is to be, or may be, specified.
- All
regulations made by the State Commission under this Act shall be subject
to the condition of previous publication.
Rules and
regulations to be
laid before State
Legislature 182.
Every rule made by the State Government and every regulation made by
the State Commission shall be laid, as soon as may be after it is made, before each
House of the State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
Power to remove
difficulties. 183.
- If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published, make such provisions
not inconsistent with the provisions of this Act, as may appear to be
necessary for removing the difficulty: Provided that no order shall
be made under this section after the expiry of two years from the date
of commencement of this Act.
- Every order made under this section shall be laid, as soon as may
be after it is made, before each House’ of Parliament.
Provisions of Act
not to apply in
certain cases. 184.
The provisions of this Act shall not apply to the Ministry or Department
of the Central Government dealing with Defence, Atomic Energy or such other
similar Ministries or Departments or undertakings or Boards or institutions under
the control of such Ministries or Departments as may be notified by the Central
Government.
Repeal and
saving. 185.
- Save as otherwise provided in this Act, the Indian Electricity Act,
1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory
Commissions Act, 1998 are hereby repealed.
- Notwithstanding such repeal, -
- anything done or any action taken or purported to have been done
or taken including any rule, notification, inspection, order or notice
made or issued or any appointment, confirmation or declaration made
or any licence, permission, authorisation or exemption granted or
any document or instrument executed or any direction given under the
repealed laws shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under
the corresponding provisions of this Act.
- the provisions contained in sections 12 to 18 of the Indian Electricity
Act, 1910 and rules made thereunder shall have effect until the rules
under section 67 to 69 of this Act are made;.
- Indian Electricity Rules, 1956 made under section 37 of the Indian
Electricity Act, 1910 as it stood before such repeal shall continue
to be in force till the regulations under section 53 of this Act are
made. force till the regulations under section 53 of this Act are
made.
- all rules made under sub-section (1) of section 69 of the Electricity
(Supply) Act, 1948 shall continue to have effect until such rules
are rescinded or modified, as the case may be;
- all directives issued, before the commencement of this Act, by
a State Government under the enactments specified in the Schedule
shall continue to apply for the period for which such directions were
issued by the State Government.” .
- The provisions of the enactments specified in the Schedule, not inconsistent
with the provisions of this Act, shall apply to the States in which
such enactments are applicable.
- The Central Government may, as and when considered necessary, by
notification, amend the Schedule.
- Save as otherwise provided in sub-section (2), the mention of particular
matters in that section, shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897, with
regard to the effect of repeals.
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