Miscellaneous

Printer-friendly version

Recovery of fees, fines and charges

46. The Commission shall be entitled to recover all sums due to it under this Act, whether by way of licence, fees or fines and charges, in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 as if any such sum were a public demand as defined in that Act and hand over the amount due to the person or authority concerned.
 


Application of fine and charges

47. The Commission or Court imposing the fine and charges under this Act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings.
 


No part of the fines or penalties imposed to be passed on

48. The licensee, Generating Companies and others on whom the fines, charges, penalties are imposed under this Act shall not , directly or indirectly, pass the same to the consumers in the form of tariff or charges payable.
 


Protection of action taken in good faith.

49. No suit or legal proceedings shall lie against the Commission or the Chairman or other members of the Commission or the staff or representatives of the Commission in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulations or order made there under.
 


Bar of jurisdiction

50. No order or proceeding made under this Act or rules or regulations framed under the Act shall be appealable except as provided in the Act and no Civil Court including under the Arbitration & Conciliation Act, 1996 shall have jurisdiction in respect of any matter which the Commission or the Appellate Authority under the Act is empowered by or under, this Act.

 


Power to remove difficulties

51. (1) If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made there under, the State Government may by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.

 


Proceedings before the Commission to be Judicial Proceedings

52. All proceedings before the Commission shall be deemed to be judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code and the Commission shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
 


Members and staff of Commission to be public servants

53. The Chairman, other members and officers and other employees of the Commission appointed for carrying out the objects and purposes of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
 


Power to make regulations

54. (1) The Commission may make regulation by notification in the Official Gazette, for the proper performance of its functions under this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions and matters specifically provided for in this Act, such regulations may provide for all or any of the following matters, namely,-

(a) the administration of the affairs of the Commission including the exercise of its administrative, quasi-judicial and judicial powers including arbitration and procedure for summoning and holding of the meeting of the Commission the times and places at which such meetings shall be held, the conduct of the business there of:

(b) the duties of the Secretary, officers and employees of the Commission, their salaries, allowances and conditions of service;

(c) determination of the functions to be assigned to licensees and others involved in the generation, purchase, transmission, distribution and supply of electricity, the manner in which such functions shall be discharged and the procedure and code to be adopted in regard to power system and electric supply lines;

(d) the procedure for licensing of transmission and supply, the conditions for the grant of licenses and particulars, details and documents to be made available by the persons applying for the license, the standard and general conditions subject to which the license shall be granted, the exemption from grant of license, revocation and amendment and effect thereof, of the license, and all matters related to the above;

(e) the duties, powers, rights and obligations of the licensee;

(f) the particulars to be furnished, the collection of information, details, particulars, documents, accounts, books and other records from or of the persons involved in the generation, transmission, distribution, supply and use of electricity the form and manner in which the same are to be furnished and enforcing and compelling the production of the same;

(g) method and manner of determination of licensee's revenues, tariff fixation, the matters to be considered in such determination and fixation;

(h) the constitution of the Commission Advisory Committee;

(i) the determination of the standard of performance of the persons involved in the generation, transmission, distribution and supply of electricity in the State;

(j) the amount of fines and penalties to be imposed for violation of provisions of this Act including the method and manner of imposition of fines and penalties and collection of the same;

(k) the regulation of the properties, assets and interest in the properties used for or in connection with the electricity industry in the state;

(l) any other matter which is required to be or may be prescribed by regulations.

 


Power to make rules

55. (1 ) The State Government may by notification make rules to carry out its functions under the provisions of the Act.

(2) In particular and without prejudice to the generality of the foregoing power and matters specifically provided for in this Act, such rules may provide for all or any of the following matters, namely,-

(a) the procedure to be adopted by the selection committee for discharge of functions under the Act;

(b) the preparation and implementation of the transfer scheme, the transfer of assets, liabilities and personnel to Generating Companies licensees and others in the State;

(c) the financing, funding, giving of guarantee to the persons involved in the generation, transmission, distribution and supply of electricity in the State; and

(d) any other matter required to be or may be prescribed by rules.

(3) Every rule made under this section shall immediately after it is made be laid before the Legislative Assembly of the State if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled 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.