22. FUNCTIONS OF STATE COMMISSION. –
(1) Subject to the provisions of Chapter III, the State Commission shall
discharge the following functions, namely:-
(a) To determine the tariff for electricity, wholesale, bulk, grid or
retail, as the case may be, in the manner provided in Sec.
29,
(b) To determine the tariff payable for use of transmission
facilities in the manner provided in Sec. 29;
(c) To regulate power purchase and procurement process of the
transmission utilities and distribution utilities including the
price at which the power shall be procured from the
Generating Companies, generating stations or from other
sources for transmission, sale, distribution and supply in the
State;
(d) To promote competition, efficiency and economy in the
activities of the electricity industry to achieve the objects and
purposes of this Act.
(2) Subject to the provisions of Chapter III and without prejudice to the
provisions of sub-section (1), the State Government, may by
notification in the Official Gazette, confer any of the following
functions upon the State Commission, namely: -
(a) To regulate the investment approval for generation,
transmission, distribution and supply of electricity to the
entities operating within the State;
(b) To aid and advise the State Government, in matters
concerning electricity generation, transmission, distribution
and supply in the State;
(c) To regulate the operation of the power system within the
State;
(d) To issue licences for transmission, bulk supply, distribution
or supply of electricity and determine the conditions to be
included in the licences,
(e) To regulate the working of the licensees and other persons
authorised or permitted to engage in the electricity industry
in the State and to promote their working in an efficient,
economical and equitable manner;
(d) To require licensees to formulate perspective plans and
schemes in co-ordination with others for the promotion of
generation, transmission, distribution, supply and utilisation
of electricity, quality of service and to devise proper power
purchase and procurement process;
(g) To set standards for the electricity industry in the State
including standards relating to quality, continuity and
reliability of service;
(h) To promote competitiveness and make avenues for
participation of private sector in the electricity industry in the
State, and also to ensure a fair deal to the customers;
(i) To lay down and enforce safety standards;
(j) To aid and advise the State Government in the formulation
of the State power policy;
(k) To collect and record information concerning the generation,
transmission, distribution and utilisation of electricity; to
collect and publish data and forecasts on the demand for,
and use of, electricity in the State and to require the
licensees to collect and publish such data;
(m) To regulate the assets, properties and interest in properties
concerning or related to the electricity industry in the State
including the conditions governing entry into, and exit from,
the electricity industry in such manner as to safeguard the
public interest;
(n) To adjudicate upon the disputes and differences between
the licensees and utilities and to refer the matter for
arbitration;
(o) To co-ordinate with environmental regulatory agencies and
to evolve policies and procedures for appropriate
environmental regulations of the electricity sector and utilities
in the State; and
(p) To aid and advise the State Government on any other matter
referred to the State Commission by such Government.
(3) The State Commission shall exercise its functions in conformity
with the national power plan.
23. APPLICATION OF CERTAIN PROVISIONS RELATING TO CENTRAL
COMMISION TO STATE COMMISSIONS. -The provisions of Sees. 9, 10
and 12 shall apply to a State Commission and shall have effect, subject to
the following modifications, namely: -
(a) References to “Central Commission” shall be construed as
references to “State Commission”;
(b) In sub-section (3) of Sec. 9, the brackets and words “(including the
Member ex-offtcio)” shall be omitted.
24. THE STATE ADVISORY COMMITTEE. –
(1) The State Commission may, by notification, establish with effect
from such date as it may specify in such notification, a Committee
to be known as the State Advisory Committee.
(2) The State Advisory Committee shall consist of not more than
twenty-one members to represent the interests of commerce,
industry, transport, agriculture, labour, consumers, non-
governmental organisations and academic and research bodies in
the energy sector.
(3) The Chairperson and the Members of the State Commission shall
be ex-officio Chairperson and ex-officio Members of the State
Advisory Committee.
25. OBJECTS OF THE STATE ADVISORY COMMITEE. -The objects of the
State Committee shall be to advise the Commission on-
(i) Major questions of policy;
(ii) Matters relating to quality, continuity and extent of service provided
by the licensees;
(iii) Compliance by licensees with the conditions and requirements of
their licence;
(iv) Protection of consumer interest; and
(v) Energy supply and overall standards of performance by utilities.
26. REPRESENTATION BEFORE STATE COMMISSION. -The State
Commission shall authorise any person as it deems fit to represent the
interest of the consumers in all the proceedings before it.
27. APPEAL TO HIGH COURT IN CERTAIN CASES. –
(l) Any person aggrieved by any decision or order of the State
Commission may file an appeal to the High Court.
(2) Except as aforesaid, no appeal or revision shall lie to any Court
from any decision or order of the State Commission.
(3) Every appeal under this section shall be preferred within sixty days
from the date of communication of the decision or order of the State
Commission to the person aggrieved by the said decision or order:
Provided that the High Court may entertain an appeal after the
expiry of the said period of sixty days if it is satisfied that the
aggrieved person had sufficient cause for not preferring the appeal
within the said period of sixty days.