ANDHRA PRADESH ELECTRICITY REFORM ACT, 1998
(1) This Act may be called the Andhra Pradesh Electricity Reform Act, 1998.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,-
(a)"area of transmission" means the area within which the holder of a transmission licence is for the time being authorised by licence to transmit energy in accordance with the conditions prescribed;
(b) "APTRANSCO" means the Transmission Corporation of Andhra Pradesh Limited incorporated as a transmission company under the Companies Act, 1956 (Central Act 1 of 1956) and as referred to in Section 13 of this Act.
(c) "Commission" means the Andhra Pradesh Electricity Regulatory Commission constituted under sub-section (1) of Section 3:
(d) "licence" means a licence granted under Section 15 of the Act;
(e) "licensee" or "licence holder" means a person lic
(1) For the purposes of this Act, within three months of the Act coming into force, the State Government shall establish by notification a Commission to be known as the Andhra Pradesh Electricity Regulatory Commission, which shall be a body corporate with perpetual succession and a common seal with power to acquire and hold property, movable and immovable, and shall, by the said name, be entitled to sue and be sued.
(2) The Commission shall consist of a Chairman and two members to be appointed by the State Government from persons selected by the selection committee constituted for the purpose, in the manner provided in Section 4 of this Act. The State Government shall specifically designate one of the three members as the Chairman. The inter se-seniority of the other two members shall be indicated in the orders of appointment.
(3) When t
(1) The State Government shall expeditiously constitute a selection committee, as often as may be required to select persons for appointment as members of the Commission, which shall consist of the following namely :
(i) a retired Chief Justice of any High Court Chairman. or a retired Judge of the Supreme Court.
(ii) Chief Secretary to the Government of A.P. Member.
(iii) the Chairman of the Central Electricity Authority. Member.
(2) The Secretary in-charge of the Energy Department, Government of Andhra Pradesh shall be the Convenor for the above Selection Committee.
(3) The Selection Committee shall call for nominations from general public and from professional bodies, consumer organisations by giving w
(1) The members of the Commission shall be persons of ability, integrity and standing who have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to engineering, economics, commerce, finance, accountancy, law or administration and that at all times the selection and appointment shall be made in accordance with the qualifications and experience specified below:
(i) one member shall be a graduate Electrical Engineer with adequate experience in generation or transmission or distribution of electricity;
(ii) two members shall have graduate qualification with specialisation and adequate experience in any of the disciplines; like law, economics, commerce, finance, accountancy or administration:
Provided that at any point of time the Commission shall not c
(1) Every member shall hold office for a period of five years from the date of his appointment as member or until the age of sixty-five years, whichever is earlier and he shall not be eligible for re-appointment at any time after the expiry of his term of appointment :
Provided that a member shall be eligible for appointment as Chairman subject to his combined tenure in the Commission as Member and Chairman shall not exceed five years;
Provided further that the first three members shall be appointed for varying periods of three years, four years and five years respectively so as to avoid the retirement of all the members at the same time and ensure continuity in the functioning of the Commission;
Provided also that no person shall be appointed as member after he has attained the age of sixty
(1) The State Government may remove from office any member of the Commission in accordance with sub-section (2), who,-
(a) has been adjudged as un-discharged insolvent; or
(b) has been convicted of an offence involving moral turpitude; or
(c) has become physically or mentally incapable of acting as such member; or
(d) has without reasonable cause refused or failed to discharge his functions for a period of at least three months; or
(e) ceases to fulfil any of the conditions of his appointment as member; or
(f) has acquired such financial or other interest that can affect prejudicially his functions as a member; or
(
(1) The Commission shall appoint a person as Secretary of the Commission to assist the Commission to discharge its functions.
(2) The Commission shall, 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 the members and the administrative expenses, including salaries, allowances and pensions payable to or in respect of the Secretary, Officers and other employees of the Commission, shall be charged to the Consolidated Fund of the State;
(4) The method and manner of selection of the Secretary, Officers and other employees and the terms and conditions of their service may be prescribed by the Commission by regulations with
(1) The headquarters of the Commission shall be at Hyderabad in the State, but the Commission shall be entitled to conduct its proceedings, consultations and hearings at any place in the State.
(2) The Commission shall alone have the exclusive power to make regulations for the conduct of its proceedings and discharge of its functions and all such regulations framed shall be published in Official Gazette.
(3) All decisions of the Commission shall be on the basis of majority of the Members present and voting.
(4) The quorum for the meeting of the Commission shall be two and each member shall have one vote and in case of equality of votes on any issue or resolution, the Chairman or as the case may be the next senior member of the Commission discharging the functions of the Chairman under sub-sect
(1) The Commission shall, for the purposes of any inquiry or proceedings under this Act shall have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:
(a) the summoning and enforcing of attendance of any witness and examining 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 from any Court or office;
(e) the issue of Commission for examination of witness.
(f) the appearance of parties and consequences
The Andhra Pradesh Electricity Reform Act, 1998, was enacted to restructure the electricity sector in the state of Andhra Pradesh, aiming to enhance efficiency, promote competition, and ensure consumer protection. Section 10 of this Act delineates the powers of the Commission, which plays a crucial role in regulating the electricity sector.
Section 10 grants the Andhra Pradesh Electricity Regulatory Commission (the Commission) specific powers necessary for conducting inquiries and proceedings under the Act. This includes the authority to summon witnesses, call for documents, and enforce compliance with its directives.
The scope of Section 10 extends to all inquiries and proceedings related to the enforcement of the provisions of the Act. It empowers the Commission to ensure that stakeholders in the electricity sector comply with regulatory requirements.
While Section 10 itself does not explicitly outline punishments, it implies that failure to comply with the Commission's directives may lead to penalties as prescribed under other relevant sections of the Act.
(1) Subject to the provisions of this Act, the Commission shall be responsible to discharge amongst others, the following functions, namely:
(a) to aid and advise, in matters concerning electricity generation, transmission, distribution and supply in the State;
(b) to regulate the working of the licensees and to promote their working in an efficient, economical and equitable manner including laying down standards of performance for the licensees in regard to services to consumers;
(c) to issue licences in accordance with the provisions of this Act and determine the conditions to be included in the licences;
(d) to promote efficiency, economy and safety in the use of the electricity in the State including and in particular in regard to quality, cont
(1) The State Government shall have the power to issue policy directions on matters concerning electricity in the State including the overall planning and co-ordination. All policy directions shall be issued by the State Government consistent with the objects sought to be achieved by this Act and accordingly shall not adversely affect or interfere with the functions and powers of the Commission including but not limited to determination of the structure of tariffs for supply of electricity to various classes of consumers.
(2) If any dispute arises between the Commission and the State Government as to whether or not a question is a matter or policy or whether a policy direction issued by the State Government adversely affects or interferes with the exercise of the functions of the Commission, the same shall be referred by the State Government to a retired Judge of the Supreme Court
(1) Not later than sixty days of the Act coming into force the State Government shall constitute APTRANSCO to be incorporated and organised under the provisions of the Companies Act, 1956 (Central Act 1 of 1956) as the Transmission Corporation of Andhra Pradesh Limited, with the principal objects of engaging in the business of procurement, transmission and supply of electric energy.
(2) Subject to the powers of the State Government under Section 12, the APTRANSCO 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; t
(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, shall engage in the State in the business of,-
(a) transmitting electricity; or
(b) supplying electricity.
(2) Where any difference or dispute arises as to whether any person is engaged or is not engaged or about to engage in the business of transmitting or supplying electricity as specified in sub-section (1), the matter shall be referred to the Commission and the decision of the Commission shall be final.
(3) The Commission shall have the power to order any unlicensed person to cease operating and disconnect its apparatus.
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(1) The Commission may on an application made in such form and on payment of such fee, as may be prescribed grant a licence authorising any person to,-
(a) transmit electricity in a specified area of transmission; or
(b) supply electricity in a specified area of supply including bulk supply to licensees or any person.
(2) In respect of the grant of any such licence the following procedure shall be followed namely:
(a) any person applying for a licence shall publish a notice of his application in such manner, and with such particulars as may be prescribed by the Commission within 14 days after making the application;
(b) the Commission shall not grant a licence until,-
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(1) The Commission may make regulations to grant exemption from the requirement to have a supply licence, but subject to compliance with such condition, 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,-
(i) of the local authority, if any, constituted in the area where energy is to be supplied;
(ii) in any case where energy is to be supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the occupation of the Central Government for defence purposes, of the Central Government;
(iii) 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 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) of Section 12 and Sections 13 to 19 of the Indian Electricity Act, 1910 (which relate to the carrying out of works) shall have effect in relation to a person authorised by a licence un
(1) The Commission may inquire into the conduct or functioning of any licensee in carrying out the obligations under the Act or Rules or Regulations framed thereunder or the terms and conditions of its licence,_
(a) upon receiving a complaint from any consumer or consumer association or any trade association; or
(b) upon a reference made to it by the State Government or by the Central Government or the Central Electricity Authority; or
(c) upon receiving and complaint from any company or person involved in the generation, transmission, distribution or supply of electricity; or
(d) upon its own knowledge or information derived from any source.
(2) Upon making such inquiry the Commission may, if in its opi
(1) The Commission may, where in its opinion the public interest so permits or requires, on the application of the licensee and if the licensee is not a local authority, on the application of the local authority concerned or otherwise on its own may make such alterations and amendments to the terms and conditions of a licence as it thinks fit taking into account the objects and purposes of the Act :
Provided that no such alterations or amendments, other than an alteration or amendment pursuant to a licence condition referred to in sub-section (7) of Section 15 or sub-section (5) of Section 18 shall be made except with the consent of the licensee.
(2) where the licensee has made an application under sub-section (1) proposing any alterations or amendments in his licence, the following provisions shall apply,-
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(1) Notwithstanding the provisions of Sections 6 and 7 of the Indian Electricity Act, 1910 where the Commission revokes a licence, under sub-section (2) of Section 18 of the following provisions shall apply:
(a) the Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect with effect from the date or with effect from the earlier date on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the provisions of this Act, all the rights duties, obligations and liabilities of the licensee under this Act shall absolutely cease and determine except for any liabilities that have accrued to that date;
(b) the Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine terms and con
(1) No licensee or Generating Company shall 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, distribution or supply of energy is concerned, any other licensee or person generating, transmitting, supplying or intending to generate, transmit or supply electricity :
Provided that before granting the consent the Commission shall hear such person or authority as the Commission shall consider appropriate.
(2) The licensee shall not, at any time, assign his licence or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Commission.
(3) The provi
Every licensee shall, unless expressly exempted by the licence, prepare and render to the Commissioner every year on or before the date specified in the licence, an annual statement or statements of accounts of its undertaking and of each separate business unit as specified in the licence made up to such date, in such form and containing such particulars, as may be set out in the licence. It shall be a term of the licence that such statements shall be published in manner prescribed in the regulations.
(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 prescribed by the State Government (hereinafter 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 revested by the State Government in the APTRANSCO and generating company or companies, in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabilities of State Government as may be specified in such
(1) The State Government may by a transfer scheme provide for the transfer of the personnel to APTRANSCO, 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 23.
(2) Upon such transfer scheme the personnel, shall hold office or service under the transferee company on terms and conditions that 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 any such scheme under sub-section (1) and (2) shall be consi
Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law as is applicable, 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 24 shall not entitle such employees to any compensation or damages under this Act, or any other Central or State law or under the general law, save as provided in the transfer scheme.
(1) The holder of each licence granted under this Act shall observe the methodologies and procedures specified by the Commission from time to time in calculating the expected revenue from charges which it is permitted to recover pursuant to the terms of its licence and in designing tariffs to collect those revenues.
(2) The Commission shall subject to the provisions of sub-section (3) be entitled to prescribe the terms and conditions for the determination of the licensees revenue and tariffs by regulations duly published in the Official Gazette and in such other manner as the Commission considers appropriate : Provided that in doing so the Commission shall be bound by the following parameters:
(a) the financial principles and their applications provided in the Sixth Schedule to the Electricity (Supply) Act, 1948 read with Sections 57 an
(1) The State Government may from time to time make subventions to any licensee for the purpose of sub-section (3) of Section 12 of this Act or the Electricity (Supply) Act, 1948 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, as the State Government may determine.
(3) The State Government may guarantee in such manner as it thinks fit the repayment of the principal on the payment of interest (or both) or any loan proposed to be raised by any licensee or Generating Company
(1) Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant condition or requirement of its licence, it shall by final order under Section 29 and, if it thinks is appropriate in accordance with sub-section (2) by interim order under this Section, issue each 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,-
(a) the extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act;
(b) 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, in contrav
If the Commission proposes to make final order or to declare an interim order to be a final order, the Commission shall give notice,-
(a) stating that it proposes to make the final order or to declare the interim order to be a final order;
(b) setting out the information referred to in clause (b) of sub-section (3) of Section 28 in respect of the proposed final order; and
(c) 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 30 days from the date of publication of the
(1) Without prejudice to Section 46 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 shall be entitled to take such assistance of the police and other authorities in the State required to effectively enforce the orders and directions given by the Commission.
(3) The Commission shall be entitled to give 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 persons 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 an
(1) The Commission shall be entitled 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 and directions or orders of the Commission made from time to time. The fines which the Commission shall be entitled to impose may extent up to Rs.5,00,000 (five lakhs) for an act of non-compliance or violation and a further amount non exceeding Rs.20,000 (twenty thousand) for every day during which the non-compliance or violation continues.
(2) The Commission shall, while making an interim or final orders under this Part, shall be entitled to direct compensation to be paid by the person guilty of violation or non-compliance as provided in sub-section (1) to the person o
The generating company(ies) shall comply with the regulations that may be framed by the Commission concerning the operation and maintenance of the power system and electric supply lines in an efficient and economical manner.
(1) The Commission shall constitute a Committee to be known as the Commission Advisory Committee, in consultation with the State Government which shall consist of such number of persons being not less than 15 and not more than 21 as the Commission may appoint after consultation with such representatives or bodies representative of the following interests as the Commission thinks fit, that is to say, holders of supply licences in the State, holders of transmission licences in the State, generating companies operating in the State, Commerce, Industry, Transport, Agriculture, Labour Employed in the electricity supply industry and consumers of electricity.
(2) The Chairman and members of the Commission shall be ex officio Chairman and Members of the Commission Advisory Committee.
(3) The term of the members of Advisory Committee shall be for
(1) The Commission may, after consultation with (a) holders of supply licences, (b) other persons or bodies appearing to the Commission to be representative of persons and categories of persons likely to be affected and (c) 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-section (a) above or otherwise in connection with the electricity supply to the consumers; and
(c) the circumstances in which licenses are to be exempted from any requirements of the regulations or this Section and may make different provision for different licensees.
(2) Nothing in this Section or other
(1) The Commission may, after consultation with the licensees, the Commission Advisory Committee, and with persons or bodies appearing to it to be representative of person 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 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,-
(a) the fines or penalties levied on licensees under this Act;
(b) the levels of overall performance achieved by such licensees in connection with the transmission and provision of electricity supply services; and
(c) 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 following information,-
(a) with respect to each standard prescribed the number of cases in which a penalty was levied and the
(1) Subject to the provisions of this Act, no information with respect to any particular business which in the opinion of the Commission is confidential; and
(a) has been obtained by the Commission under or by virtue of any of the provisions of this Act; and
(b) relates to the affairs of any individual or to any particular business shall during the life time 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) above shall not apply to any disclosure of information which is made:
(a) for the purpose of facilitating the carrying out by t
(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996 (Central Act 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 the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including orders to,-
(a) confirm and enforce the award;
(b) set aside or modify the award, or
(c) remit the
Notwithstanding the provisions of sub-section (2) of Section 36 of the Indian Electricity Act, 1910 in the absence of any express provision to the contrary in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 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 or to an arbitrator to be appointed by the Commission in terms of Section 37.
A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court of Andhra Pradesh within sixty days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period not exceeding thirty days.
Whoever in contravention of the provisions of this Act or the regulations framed under this Act or the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or the rules framed under the said Acts, engages in the business of transmission or supply or use of energy, shall be punishable with imprisonment which may extend to one year or with penalty by way of fine which may extend to Rs.5,00,000 (five lakhs) or both and further penalty which may extend to Rs.20,000 (twenty thousand) for each day after the first during which the offence continues.
If any licensee or other person refuses or fails without reasonable excuse to comply with or give effect to, any direction, order of requirement made under any of the provisions of this Act he shall be punishable with imprisonment which may extend to six months or with penalty by way of fine which may extend to Rs.5,00,000 (five lakhs or both and a further penalty which may extend to Rs.20,000 (twenty thousand) for each day after the first during which the offence continues.
(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), wherein an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent for connivance of, or is attri
The Commission may for reasons to be recorded in writing either before or after the institution of proceedings compound any offence relating to contravention of any order made by it.
(1) No Court shall take congnizance of any offence punishable under this Act except upon a complaint in writing made by an officer of the Commission, generally or specially authorised in this behalf by the Commission and no Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of First Class or a Court superior thereto shall to try any such offence.
(2) Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) the Court may, if it sees reason so to do, dispense with the personal attendance of the officer of the Commission filing the complaint.
The proceedings and actions under this Act against a person contravening the provisions of the Act or orders passed by the Commission shall be in addition to and without prejudice to actions that may be initiated under other Acts including and in particular under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
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 (A.P. Act II of 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.
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 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 thereunder.
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 and 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.
(1) If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made thereunder, 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.
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.
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.
(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 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 thereof.
(b) the duties of the Secretary, Officers and employees of the Commission their salaries, allowances and conditions of serv
(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 rule 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
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(1) Except as provided in Section 57 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 or the Electricity (Supply) Act, 1948 shall prevail in 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 and the Electricity (Supply) Act, 1948 with which Andhra Pradesh State Electricity 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 APTRANSCO:
Provided that,-
(a) the State Government shall be entitled to issue all policy directives and undertake overall planning and co-ordination as specified
(1) Notwithstanding anything contained in this Act - the powers, rights and functions of Regional Electricity Authority the Central Electricity Authority the Central Government and authorities other than the State Electricity Board and the State Government under the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or rules framed thereunder shall remain unaffected and shall continue to be in force.
(2) 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 Central Government or Undertaking owned by the Central Government.
Schedule
Part 1
The Commissions Finance, Accounts and Audit
I. Annual Financial Statement
(1) In December of each year the Commission
shall submit to the State Government a Statement of its estimated expenditure
for the ensuing financial year.
(2) The State Government shall as soon as possible after the receipt of the said
statement cause it to be laid on the table of the State Legislative Assembly.
&nbs
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