37. TRANSPARENCY IN COMMISSIONS. -The Commissions shall ensure
transparency while exercising their powers and discharging their functions.
38. DIRECTIONS BY CENTRAL GOVERNMENT. -
(1) In the discharge of its functions, the Central Commission shall be
guided by such directions in matters of policy involving public
interest as the Central Government may give to it in writing.
(2) If any question arises as to whether any such direction relates to a
matter of policy involving public interest, the decision of the Central
Government thereon shall be final.
39. DIRECTIONS BY STATE GOVERNMENT. –
(1) In the discharge of its functions, the State Commission shall be
guided by such directions in matters of policy involving public
interest as the State Government may give to it in writing.
(2) If any question arises as to whether any such direction relates to a
matter of policy involving public interest, the decision of the State
Government thereon shall be final.
40. MEMBERS, OFFICERS AND EMPLOYEES OF CENTRAL
COMMISSION TO BE PUBLIC SERVANTS. -The Chairperson, Members,
officers and other employees of the Commissions 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 Sec. 21 of the Indian Penal
Code (45 of 1860).
41. SPECIAL PROVISION RELATING OF THE ORISSA STATE
ELECTRICITY REFORM ACT, 1995 OR HARYANA STATE
ELECTRICITY REFORM ACT, 1997. -The provisions of this Act as far as
they relate to the State Commission shall not apply to the Commissions
established under the Orissa State Electricity Reform Act, 1995 or the
Haryana State Electricity Reform Act, 1997.
42. PROCEEDINGS BEFORE THE COMMISSION. -All proceedings before
the Commission shall be deemed to be judicial proceedings within the
meaning of Sees. 193 and 228 of the Indian Penal Code (45 of 1860) and
the Commission shall be deemed to be a Civil Court for the purposes of
Sees. 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
43. PROTECTION OF ACTION TAKEN IN GOOD FAITH. -No suit,
prosecution or other legal proceedings shall lie against the Central
Government or State Government or the Central or State Commission or
any officer of Central or State Government or any Members, officer or
other employees of the Central or State Commission for anything which is
in good faith done or intended to be done under this Act or the rules or
regulations made thereunder.
44. PUNISHMENT FOR NON-COMPLIANCE OF ORDERS OR
DIRECTIONS UNDER THE ACT. -Whoever fails to comply with any order
or direction given under this Act, within such time as may be specified in
the said order or direction or contravenes, or attempts to contravene or
abets the contravention of any of the provisions of this Act or any rules or
regulations made thereunder shall be punishable with imprisonment for a
term which relay extend to three months or with fine, which may extend to
rupee- one lakh or, with both in respect of each offence and in the case of
a continuing failure, with an additional fine which may extend to rupees
four thousand for every day during which the failure continues after
conviction of the first such offence.
45. PUNISHMENT FOR NON-COMPLIANCE OF DIRECTIONS GIVEN BY A
COMMISSION. -
(1) In case any complaint is filed before the Commission by any person
or if the commission is satisfied that any person has contravened
any directions issued by the Commission under this Act, rules or
regulations made thereunder, the Commission may after giving
such person an opportunity of being heard in the matter, by order in
writing, direct that, without prejudice to any other penalty to which
he may be liable under this Act, such person shall pay, by way of
penalty, which shall not exceed rupees one lakh for each
contravention and in case of a continuing failure with an additional
penalty which may extend to rupees six thousand for every day
during which the failure continues after contravention for the first
such direction.
(2) Any amount payable under this section, if not paid, may be
recovered as if were are arrear of land revenue.
46. POWER OF SEIZURE. --The Commission or any other officer, not below
the rank of a Gazetted Officer, specially authorised in this behalf by the
Commission may enter any building or place where the Commission has
reason to believe that any document relating to the subject-matter of the
inquiry may be found, and may seize any such document or take extracts
or copies therefrom subject to the provisions of See. 100 of the Code of
Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable.
47. OFFENCE BY COMPANIES. –
(1) Where an offence under this Act has been committed by a
company, every person who at the time, the offence was committed
was in charge of, and was responsible to the company for the
conduct of the business of the company, as well 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 subsection shall render any
such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed 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 officer shall also be deemed
to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
Explanation-For the purposes of this section,-
(a) “Company” means any body corporate and includes a
firm or other association of individuals; and
(b) “Director”, in relation to a firm, means a partner in the
firm.
48. COGNIZANCE OF OFFENCES. -No Court shall take cognizance of an
offence punishable under this Act except upon a complaint, in writing,
made by the Commission or by any other officer duly authorised by the
Commission for this purpose.
49. INCONSISTENCY IN LAWS. -Nothing contained in this Act or any rule or
regulations made thereunder or any instrument having effect by virtue of
this Act, rule or regulations shall have effect in so far as it is inconsistent
with any other provisions of the Consumer Protection Act, 1986 (68 of
1986) or the Atomic Energy Act, 1962 (33 of 1962).
50. DELEGATION. -The Central or the State Commission may, by general or
special order in writing, delegate to any Members, officer of the Central or
the State Commission or any other person subject to such conditions, if
any, as may be specified in the order, such of its powers and functions
under this Act (except the power to settle disputes under Chapters III and
V and the power to make regulations under Sec. 55 or 58) as it may deem
necessary.
51. AMENDMENT OF ACT 54 OF 1948. -With effect from such date as the
Central Government may, by notification in the Official Gazette appoint,
sub-section (2) of Sec. 43-A of the Electricity (Supply) Act, 1948 (54 of
1948) shall be omitted:
Provided that different dates may be appointed for different States.
52. OVERRIDING EFFECT. -Save as otherwise provided in Sec. 49, the
provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act.
53. POWER TO GIVE DIRECTIONS-The Central Government may give
directions to a State Government as to the carrying out into execution of
this Act in the State.
54. POWER OF CENTRAL GOVERNMENT TO RULES. -
(1) The Central Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) 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: -
(a) The salary and allowances payable to and the other
conditions of service of the Chairperson and Members under
sub-section (2) of Sec. 6;
(b) The form and the manner in which and the authority before
whom oath of office and secrecy should be subscribed under
sub-section (4) of Sec. 6;
(c) The form in which and the time at which, the Central
Commission shall prepare its budget under Sec. 31;
(d) The form in which annual statement of accounts to be
prepared by the Central Commission under sub-section (1)
of Sec. 32;
(e) The form and time within which annual report should be filed
under sub-section (1) of Sec. 35;
(f) Any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made, by rules.
55. POWER OF CENTRAL COMMISSION TO REGULATIONS. -
(1) The Central Commission may, by notification in the Official Gazette,
make regulations consistent with this Act and the rules generally to
carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such regulations may provide for all or any of the following
matters, namely: -
(a) The powers and duties of the Secretary under sub-section
(1) of Sec. 8;
(b) The salaries, allowances and other conditions of service of
the Secretary, officers and other employees under subsection (3) of Sec. 8;
(c) The terms and conditions of the consultants appointed under
sub-section (4) of Sec. 8;
(d) The rules of procedure to be observed by the Central
Commission tinder sub-section (1) of Sec. 9;
(e) The manner in which charges for energy may be determined
56. RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT. -
Every rule made by the Central Government and every regulation made
by the Central Commission under this Act shall be laid as soon as may be
at let- it, is made, before each House of 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 louses agree in making any modification in the rule or
regulation or both Houses 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.
57. POWER OF STATE GOVERNMENT TO RULES. -
(1) The State Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) 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: -
(a) The salary, allowances and other conditions of service of the
Members Linder sub-section (2) of Sec. 19;
(b) The form and manner in which and the authority before
whom the oath of office and secrecy should be subscribed
under sub-section (4) of Sec. 19;
(c) The form in which and the time at which, the State
Commission shall prepare its budget under Sec. 33;
(d) The form in which annual statement of accounts to be
prepared by the State Commission under sub-section (1) of
Sec. 34;
(e) The form and the time within which annual report shall be
furnished under sub-section (1) of Sec. 36:
(f) Any other matter which is to be, or may be, prescribed, or in
respect of which provision is to be made by rules.
58. POWER OF STATE COMMISSION TO REGULATIONS. -
(1) The State Commission may, by notification in the Official Gazette,
make regulations consistent with this Act and the rules made
thereunder to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such regulations may provide for all or any of the following
matters, namely: -
(a) The duties and powers of the Secretary under subsection (1)
of Sec. 21;
(b) The salary, allowances and other conditions of service of the
secretary, officers and other employees under sub-section
(3) of Sec. 21;
(c) The terms and conditions of consultants appointed under
sub-section (4) of Sec. 21;
(d) The manner in which charges for energy may be determined
under sub-section (2) of Sec. 29;
(e) Any other matter which is to be, or may be, specified.
59. RULES AND REGULATIONS TO BE LAID BEFORE STATE
LEGISLATURE. -Every rule made by State Government and every
regulation made by the State Commission under this Act 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.
60. POWER TO REMOVE DIFFICULTIES.-
(1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order, published in the Official
Gazette, 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.
(2) Every order made tinder this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
61. REPEAL AND SAVING. -
(1) The Electricity Regulatory Commissions Ordinance, 1998 (14 of
1998) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or
taken under the corresponding provisions of this Act under Sec. 28.