RAJASTHAN POWER SECTOR REFORMS ACT, 1999
This Act may be called the Rajasthan Power Sector Reforms Act, 1999.
It shall extend to the whole of the State of Rajasthan.
It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires, -
"Area of supply" means the area within which a supply licensee or any other person is for the time being athorized to distribute and supply energy
"Area of transmission" means the area within which a holder of a transmission licence or any other person is for the time being authorized to transmit energy
"Board" means the Rajasthan State Electricity Board constituted under section 5 of the Electricity (Supply) Act, 1948(Central Act 54 of 1948)
"Central Act" means the Electricity Regulatory Commission Act, 1998 (Central Act No. 14 of 1998)
"Central Commission" means the Central Electricity Regulatory Commission, established under sub-section (1) of secti
(1) The State Government shall within three months of coming into force of this Act, establish by notification a Commission to be known as the Rajasthan Electricity Regulatory Commission:
Provided that Commission constituted by the State Government in terms of sub-section (1) of section 17 of the Electricity Regulatory Commission Act, 1998 (Central Act No. 14 of 1998) and existing on the date of the commencement of this Act shall be the first Commission for the purpose of this Act.
(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The Commission shall consist of three Members including the
(1) The State Government shall for the purposes of selecting the Members of the Commission, constitute a selection committee, consisting of,-
o A person who is or has been a Judge of the High Court as recommended by the Chief Justice of the High Court- Chairperson;
o Chief Secretary to the Government of Rajasthan - Member
o Chairperson or Member of the Central Electricity Regulatory Commission as recommended by the Chairperson - Member:
Provided that the selection committee constituted under section 18 of the Electricity Regulatory Commissions Act, 1998 (Central Act No. 14 of 1998) and existing on the date of commencement of this Act shall be deemed to have been constituted under this Act.
(2) No appointm
(1) The Chairperson and the Members of the Commission shall be persons having adequate knowledge or have capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or administration and shall be appointed in the following manner, namely:-
o One person having qualification and experience in the field of engineering with specialisation in generation, transmission or distribution of electricity;
o Two persons having qualification and experience in the field of finance, economics, commerce, law or administration:
Provided that not more than one Member shall be appointed under the same category under clause (ii):
Provided further that persons below the age of fifty years shall not be eligible for appointment as Chairper
(1) The Chairperson and any other Member shall hold office for a period of five years from the date he enters upon his office but shall not be eligible for re-appointment:
Provided that no Chairperson or no other Member shall hold office as such after he has attained,-
o In the case of the Chairperson, the age of sixty five years, and
o In the case of any other Member, the age of sixty two years;
Provided further that a Member shall be eligible for appointment as Chairperson subject however that his combined tenure in the Commission as Member and Chairperson shall not exceed five years:
Provided also that the first three Members shall be appointed for varying periods of three years, four years and five ye
(1) Subject to the provisions of sub-section (3), any Member of the Commission shall only be removed from his office by order of the State Government on the ground of proved misbehavior after the High Court, on reference being made to it by the State Government, has on inquiry, held in accordance with the procedure prescribed in that behalf by the High Court, reported that the Member, ought on such ground to be removed.
(2) The State Government may, in consultation with the Chief justice of the High Court, suspend any Member of the Commission in respect of whom a reference has been made to the High Court under sub-section (1) until the State Government has passed orders on the receipt of the report of the High Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the State Government may by order remove from
(1) The State Government may appoint a Secretary to exercise and perform under the control of the Chairperson such duties and powers as may be specified by regulations made by the Commission.
(2) The Commission, may in consultation with the State Government, determine the number, nature and categories of other officers and employees required to assist the Commission in the discharge of its functions.
(3) The salaries and allowances payable to, and other conditions of service of the Secretary, other officers and employees shall be such as may be determined by the Commission, by regulations with the approval of the State Government.
(4) The method and manner of selection of the officers and other employees may be prescribed by the Commission by regulations with prior consultation with the State
(1) Subject to the provision of this Act, the 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 section 26 of this Act;
(b) to determine the tariff payable for the use of the transmission facilities in the manner provided in section 26 of this Act;
(c) to issue licences for transmission, bulk supply, distribution or supply of electricity and determine the conditions to be included in the licences;
(d) 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;
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(1) The headquarters of the Commission shall be at Jaipur. The Commission shall meet at the headquarter or any other place in the State at such time as the Chairperson may direct and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meeting) as may be determined by regulations.
(2) The Chairperson or, if he is unable to attend a meeting of the Commission, any other Member nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no Chairperson, any Member chosen by the Members present from among themselves, shall preside at the meeting.
(3) All questions which come up before any meeting of the Commission shall be decided by a majority of votes of the Members present and voting, and in the event of and equality of votes, th
(1) The Commission shall, for the purpose of any inquiry or proceedings under this Act have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), in respect of following matters, namely:-
(a) the summoning and enforcing of attendance of any witness and examining him on oath;
(b) the discovery and production of any document or other material object, producible as evidence;
(c) the reception of evidence on affidavits;
(d) the requisition of any public record;
(e) the issue of commission for examination of witnesses;
(f) review of its decisions, directions and orders; and
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(1) In the discharge of its function, the Commission shall be guided by such directions in the matter 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, it shall be referred to the Central Commission whose decision thereon shall be final and binding.
(3) The State Government shall consult the Commission in relation to any proposed legislation or rules concerning any policy direction and shall duly take into account the recommendation, if any, made by the Commission on all such matters.
Re-Organisation of Electricity Industry
(1) Within sixty days of coming into force of this Act, the State Government shall establish Rajasthan Rajya Vidyut Prasaran Nigam Ltd. under the provisions of the Companies Act, 1956 (Central Act No. 1 of 1956), with the principal objects of engaging in the business of procurement, transmission, distribution and supply of electric energy.
(2) The Corporation established by the State Government in terms of sub-section (1) shall be the principal company to undertake all planning and co-ordination in regard to transmission; undertaking the works connected with transmission, determining the electricity requirements in the State in co-ordination with the Generating companies, State Government, the Commission, the Regional Electricity Boards, and the Central Electricity Authority; the operation of the power system.
(3) The Corporation shall u
(1) With effect from the date on which a transfer scheme prepared by the State Government to give effect to the objects and purposes of this Act is published or such further date as may be specified by the State Government (hereinafter in this part referred to as the effective date), any property, interest in property, rights and liabilities which immediately before the effective date belong to the Board shall vest in the State Government on such terms as may be agreed between the State Government and the Board.
(2) Any property, interest in property, rights and liabilities vested in the State Government under sub-section (1) shall be re-vested by the State Government in the Corporation and generating company or companies or distribution company or companies, in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabili
(1) The State Government may by a transfer scheme provide for the transfer of the personnel to Corporation, generating company or companies, distribution or other companies hereinafter referred to as the transferee company or companies; on the vesting of properties, rights and liabilities in such transferee companies as provided under section 14.
(2) Upon such transfer under a transfer scheme, the personnel, shall hold office or service under the transferee company on terms and conditions as may be determined in accordance with the transfer scheme:
Provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such vesting.
Provided further that the transfer can be provisional for a specif
Not withstanding anything in the Industrial Disputes Act, 1947 (Central Act No 14 of 1947) or any other law for the time being in force and except for the provisions made in this act, the transfer of the employment of the personnel referred to in sub-section (1) of section 15 shall not entitle such personnel to any compensation or any damages under this Act, or any other Central or State law or under the general law, save as provided in the transfer scheme.
(1) No person, other than those authorised to do so by licence or by virtue of exemption under this Act or authorised to or exempted by any other authority under the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948), shall engage in the State in the business of,-
o Transmitting electricity; or
o Distributing and supplying electricity.
(2) Where any question arises as to whether any person is engaged or about to engage in the business of transmitting, distributing or supplying electricity as specified in subsection (1), the matter shall be referred to the Commission and the decision of the Commission shall be final.
(3) The Commission shall order any unlicensed person to discontinue transmission, distribution or supply, as the case may be,
(1) The Commission may, on an application made in prescribed form and on payment of the prescribed fee, grant a licence to any person to,-
o Transmit electricity in a specified area of transmission; or
o Distribute and supply electricity in a specified area of supply including bulk supply to licensees or any person.
(2) In respect of every such licence and the grant thereof the following procedure shall have effect, namely:-
(a) Any person applying for a licence under this Part shall publish a notice of his application in prescribed manner, and with prescribed particulars and the licence shall not be granted,-
(i until all objections received by the Commission with reference thereto have been considered b
(1) The Commission may by order grant exemption from the requirement to have a supply licence, but subject to compliance with such conditions if any, as may be specified in the order:
Provided that the Commission shall not, under any such regulation, grant any exemption except with the consent,-
o Of the local authority, if any, constituted in the area where energy is to be supplied;
o In any case where energy is to be supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, or camp or any building or place in the occupation of the Central Government for defence purposes, of the Central Government;
o In any area falling within the area of supply of a licensee, of that licensee:
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(1) It shall be the duty of the holder of a supply licence or a transmission licence in respect of a particular area to develop, maintain and provide to the consumers or the licensees as the case may be or any other person an efficient, co-ordinated and economical system of electricity supply, distribution or transmission in the area of transmission or area of supply, as the case may be.
(2) Each licensee and Generating Company in discharge of its duties shall comply with the provisions of the regulations framed from time to time governing the terms and conditions for the operation and maintenance of power system and electric supply lines.
(3) Subject to sub-section (4), sections 12 to 19 of the Indian Electricity Act, 1910(Central Act No. 9 of 1910)(which relate to the carrying out of works) shall have effect in relation to a person aut
(1) The Commission may, if in its opinion the public interest so requires, revoke a licence in any of the following cases, namely:-
(a) Where the licensee, in the opinion of the Commission, has committed a willful or unreasonably prolonged default in doing anything required of him by or under this Act, or under any regulation of orders of the Commission;
(b) Where the licensee breaks any of the terms or condition of his licence the breach of which is expressly declared by such licence to render it liable to revocation;
(c) Where the licensee fails within the period fixed in this behalf by his licence or any longer period which the Commission may substitute thereof by order,-
o To show, to the satisfaction of the Commission that he is in a position t
(1) Where in its opinion the public interest so permit, the Commission, on the application of the licensee or otherwise, and after consulting the local authority; on the application of the local authority concerned, may make such alternations and amendments to the terms and conditions of a licence, including the provisions specified in clause (f) of sub-section (2) of section 18, as it thinks fit:
Provided that no such alterations or amendments, shall be made except with the consent of the licensee unless such consent has, in the opinion of the Commission, been unreasonably withheld.
(2) Where the licensee has made an application under sub-section (1) seeking any alterations or amendments in his licence, the following provisions shall have effect, namely:-
(a) the licensee shall publish a noti
(1) Where the Commission revokes, under sub-section (1) of section 21, the licence of a licensee, the following provisions shall have effect:-
o The Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect; and on and from the earlier date, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated purchaser in pursuance of sub-section (3), all the powers and liabilities of the licensee under this Act shall absolutely cease and determine;
o The Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine terms and conditions of the sale of the undertaking;
o The Commission may,
(1) The licensee shall not, at any time, without the previous consent in writing of the Commission, acquire, by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business of generating, transmitting, distributing or supplying energy is concerned with, any person generating, transmitting, distributing, supplying or intending to generate, transmit distribute or supply energy under any other licence:
Provided that before granting the consent the Commission shall hear such person or authority as the Commission shall consider appropriate.
Provided further that nothing in this sub-section shall be construed to require the consent of the Commission for the supply of energy by one licensee to another in accordance with the provisions of clause IX of the Schedule to the Indian Electricity Act, 1910
(1) Every licensee shall, unless expressly exempted from the liability by his licence, or by order in writing of the Commission, prepare and render to the Commission or to such authority as the Commission may appoint in this behalf, on or before the prescribed date in each year, an annual statement of accounts of his undertaking made up to such date, in such form and containing such particulars, as may be prescribed in this behalf.
(2) The licensee shall keep copies of such annual statement at his office and sell the same to any applicant.
(1) Notwithstanding anything contained in any other law for the time being in force the tariff for intra-State transmission of electricity and the tariff for distribution and supply of electricity, grid, wholesale, bulk or retail, as the case may be (herein after referred to as the tariff), shall be subject to the provisions of this Act and the tariff shall be determined by the Commission in accordance with the provisions of this Act.
(2) The Commission shall determine by regulations the terms and conditions for the fixation of tariff, and in doing so, shall be guided by the following, namely:-
o The principles and their applications provided in sections 46, 57 and 57-A of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) and the Sixth Schedule thereto;
o In the case of the Board
(1) The State Government may from time to time make subventions to any licensee for such amounts as may be recommended by the Commission and on such terms and conditions as the State Government may determine.
(2) The State Government may from time to time advance loans to any licensee or generating Company which for the time being is wholly or partly owned by the State Government on such terms and conditions, not inconsistent with the provisions of this Act or the Electricity(supply) Act, 1948 (Central Act No. 54 of 1948) as the State Government may determine.
(3) The State Government may guarantee, in such manner as it thinks fit, the repayment of the principal or the payment of interest (or both) of any loan proposed to be raised by any licensee or generating company which is for the time being wholly or partly owned by the State Gover
(1) Where the Commission is satisfied that a licensee is contravening or is likely to contravene any condition of his licence, it shall by final order under section 29 and if it thinks it appropriate, in accordance with sub-section (2) by interim order, issue such directions as it deems proper for securing compliance.
(2) In determining whether it is appropriate that an interim order be made, the Commission shall have regard, in particular to,-
o The extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act.;
o The extent to which any person is likely to sustain loss or damage in consequence of anything which is likely to be done, or omitted to be done, before a final order can be made; and
(1) If the Commission proposes to make a final order or to declare an interim order to be a final order, the Commission shall give notice, -
o Stating that it proposes to make the final order or to declare the interim order to be a final order;
o Setting out the information referred to in clause (b) of sub-section (3) of section 28 in respect of the proposed final order; and
o Specifying the period (being not less than 60 days from the date of publication of the notice) within which representations or objections to the proposed order may be made;
and shall consider any representations or objections that are duly made and not withdrawn. The Commission shall publish notice of such representations or objections and specify a period (being not less than
(1) Without prejudice to section 49 of this Act, all orders and directions, interim or final, passed by the Commission shall be enforceable in law as if it were a decree passed by a Civil Court.
(2) The Commission may take such assistance of the police and other authorities in the State as may be required to effectively enforce the orders and directions given by it.
(3) The Commission may give orders or directions for vesting of the management and control of any undertaking of the licensee with the assets, interests and rights of the undertaking with any other person or authority pending any inquiry and passing of interim or final orders in the matter, if the Commission considers, taking into account the objects and purposes of this Act and the need to maintain continued supply of electricity in an efficient and safe manner to the consumer, if necessary and expedient to pass suc
(1) The Commission shall have power to impose such fines and charges as may be prescribed by the Commission in the regulations for non-compliance or violation on the part of the generating companies, licensees or other persons, of the provisions or requirements of this Act or, rules and regulations framed thereunder or the directions given or orders passed by the Commission from time to time and such fines or charges may extend to rupees five lakhs for an act of non-compliance or violation and in the event of continuance of such acts of violations or non compliance by the generating companies, licensees or other persons, a further amount not exceeding rupees twenty thousand per day for the period during which the non-compliance or violation persists.
(2) The Commission shall have power, while making an interim or final order under this Part, be entitled to direct that compensation
(1) The Commission shall, in consultation with the State Government, constitute a committee to be known as the Commission Advisory Committee.
(2) The Commission 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 Members of the Commission shall be the ex-officio Chairperson and Members of the Commission Advisory Committee.
(4) The terms of the Members of the Commission Advisory Committee shall be for a period not more than three years and one third of the members shall retire annually:
Provided that for first time one third of the Me
(1) The Commission may, after consultation with the holders of supply licences, other persons or bodies appearing to the Commission to be representative of persons and categories of persons likely to be affected and the Commission Advisory Committee, frame regulations prescribing, -
(a) the circumstances in which such licensees are to inform consumers of their rights;
(b) the standards of performance in relation to any duty arising under sub-clause (a) or otherwise in connection with the electricity supply to the consumers; and
(c) the circumstances in which licensees are to be exempted from any requirements of the regulations or of this section and may make different provisions for different licensees.
(2) Nothing contained in this Act shall in any way prejudice or affect the rights and pr
The Commission may, after consultation with the licensees, the Commission Advisory Committee, and with persons or bodies appearing to it to be representative of persons likely to be affected, from time to time,-
(a) determine such standards of overall performance in connection with the provision of electricity supply services and in connection with the promotion of the efficient use of electricity by consumers as, in its opinion, is economic and ought to be achieved by such licensees; and
(b) arrange for the publications, in such form and in such manner as it considers appropriate, of the standards so determined.
(2) Different standards may be determined under this section for different licensees.
(1) The Commission shall from time to time collect information with respect to, -
o The fines or penalties levied on licensees under this Act;
o The levels of overall performance achieved by such licensees in connection with the transmission and provision of electricity supply services; and
o The levels of performance achieved by such licensees in connection with the promotion of the efficient use of electricity by consumers.
(2) On or before such date in each year as may be specified in a direction given by the Commission, each licensee shall furnish to the Commission the information,-
o With respect to each standard determined the number of cases in which a penalty was levied and the aggregate amount of
(1) Save as otherwise provided under this Act, no information with respect to any particular business which,-
o In the opinion of the Commission is confidential; and
o Has been obtained by the Commission under or by virtue of any of the provisions of this Act; and
o Relates to the affairs of any individual or to any particular business;
shall during the lifetime of that individual or for so long as that particular business continues to be carried on, be disclosed by the Commission without the consent of that individual or the person for the time being carrying on that business.
(2) The restriction contained in sub-section (1) shall not apply to any disclosure of information which is made,-
(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996(Central Act No. 26 of 1996), any dispute arising between licensees shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator or arbitrators to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be such as may be prescribed by regulations.
(2) Where an award is made by the arbitrator appointed by the Commission, it shall be filed before the Commission and the Commission may pass appropriate orders on the award including orders to,-
o Confirm and enforce the award;
o Set aside or modify the award; or
o Remit the award for reconsider
Notwithstanding anything to the contrary in the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) or the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948), or any rule made thereunder, an appeal shall lie from the decision of an Electrical Inspector (other than an Inspector of the Central Government or the Central Electricity Authority) to the Commission.
(1) Any person aggrieved by any decision or order of the Commission passed under this Act, may file an appeal to the High Court.
(2) Except as provided under sub-section (1), no appeal or revision shall lie to any court from any decision or order of the 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 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.
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 may extend to three months or with fine, which may extend to rupees 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 for the first such offence.
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 contravention with an additional penalty which may extend to rupees six thousand for every day during which the contravention continues after first contravention of such direction.
(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 sub-section shall render any such person liable to any punishment 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-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 attribut
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 provisions of the Consumer Protection Act, 1986 (Central Act No 68 of 1986) or the Atomic Energy Act, 1962 (Central Act No. 33 of 1962).
No Court shall take cognizance of any 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.
The proceedings and actions under this Act against a person contravening the provisions of this Act or orders passed by the Commission shall be in addition to and without prejudice to actions that may be taken or initiated under any other law for the time being in force including the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948)
The Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing estimated receipts and expenditure of the Commission and forward the same to the State Government.
(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the State Government in consultation with the Accountant General, Rajasthan.
(2) The accounts of the Commission shall be audited by the Accountant General, Rajasthan at such intervals as may be specified by the State Government and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General, Rajasthan.
(3) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts,
(1) The Commission shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature
The Commission shall have the power to recover all sums due under this Act, whether by way of licence fees, fines or charges, in accordance with the provisions of the Rajasthan Public Demands, Recovery Act, 1952(Act No. 5 of 1952), as if any such sum were a public demand as defined in that Act or as arrears of land revenue under the Rajasthan Land Revenue Act, 1956(Act No. 15 of 1956) and hand over the amount due to the person or authority concerned.
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.
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.
No suit, prosecution or other legal proceedings shall lie against the Government or the Commission or any officer of State Government or any Member, officer or other employees of the Commission for anything which is in good faith done or intended to be done under this Act or the rules or regulation made thereunder.
Save as otherwise provided under this Act, no order or proceeding made under this Act or rules or regulations framed thereunder shall be appealable and no Civil Court including Arbitral Tribunal exercising powers under the Arbitration and Conciliation Act, 1996 (Central Act No. 26 of 1996) shall have jurisdiction in respect of any matter which the Commission or the Appellate Authority under this Act is empowered by or under this Act to decide or determine.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State 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 under this section shall laid, as soon as may be after it is made, before the State Legislature.
All proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) and the Commission shall be deemed to be a Civil Court for the purposes of section 345 and section 346 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
The Chairperson, Members, officers and other employees of the Commission 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, 1860 (Central Act No. 45 of 1860).
(1) The 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:-
o (a) the duties and powers of the Secretary of the Commission;
o (b) the salary, allowances and other conditions of service of the Secretary, other officers and employees of the Commission;
o (c) the method and manner of selection of the officers and other employees of the Commission;
o (d) the terms and conditions of consultant appointed under sub-section (5) of section 8;
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of the 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:-
o (a) the salary, allowances and other conditions of service of the Members;
o (b) the form and the manner in which and the authority before whom the oath of office and secrecy should be subscribed to the Chairperson and Members;
o (c) the form in which and the fee with which the application may be made to the Commission by any person seeking license;
o (d) the manner in which and the particulars with which the notice of application s
(1) Except as provided in section 61 of this Act, the provisions of this Act, notwithstanding that the same are inconsistent with or contrary to the provisions of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) or the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall prevail the manner and to the extent provided in sub-section (3)
(2) Subject to sub-section (1) in respect of all matters in the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) with which Board has been concerned or dealing with, upon the constitution of the Commission, the functions of the Board shall be discharged by the Commission and the Corporation: Provided that,-
(a) The State Government shall have the power to issue all policy directives and undertake overall pla
On and from the date of commencement of this Act,-
(a) The Commission, if any, constituted, under sub-section (1) of section 17 of the Central Act and deemed to be the first Commission in terms of proviso to sub-section (1) of section 3, shall exercise all powers and functions in accordance with the provisions of this Act;
(b) Save as otherwise provided in clause (a), the provisions of the Central Act dealing with Commission shall have no application in the State; and
(c) The provisions of the central Act, with respect to the matters for which provisions have been made in this Act, shall not apply in the State.
Notwithstanding anything contained in this Act, the powers, rights and functions of the Regional Electricity Authority, the Central Electricity Authority, the Central Government, the Central Commission and authorities other than the State Electricity Board and the State Government under the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) or the Electricity (Supply) Act, 1948 (Central Act No. 51 of 1948) or rules framed thereunder shall remain unaffected and shall continue to be in force.
Nothing contained in this Act shall apply to the Power Grid Corporation of India Limited or other bodies or licensees in relation to the inter-state transmission of the electricity or generating companies owned or controlled by the Central Government or undertaking owned by the Central Government.
All actions taken by the State Government or the
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