Orissa Electricity Reform Act, 1995
(1) This Act may be called the Orissa State Electricity Reform Act, 1995.
(2) It extends to the whole of the State of Orissa.
(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;
(b) "Commission" means the Orissa Electricity Regulatory Commission constituted under Sub-section (1) of Section 3;
(c) "Gridco" means Grid Corporation of Orissa Limited as referred to in Section 13;
(d) "Hydro Power Corporation" hereinafter referred to as the OHPC means the Orissa Hydro Power Corporation Limited incorporated under the Companies Act, 1956 (I of 1956) with effect from the twenty-first day of April, 1995;
(e) "licence" means a licence granted under Chapter VI;
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(1) For the purposes of this Act, the State Government shall, within 3 months of the commencement of this Act, establish, by notification, a Commission to be known as the Orissa 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 three members to be appointed by the State Government from persons selected by the selection committee constituted for the purpose.
(3) The State Government shall, as per the recommendation of the selection committee, designate one of the members as the Chairman of the Commission but, until such designation, the most senior member of the Commission shall act as Chairman, such seniority being reck
(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.
(2) The selection committee shall consist of three members, namely:
(a) the Chairman of the Public Service Commission, who shall be the Chairman of the selection committee;
(b) the Secretary in charge of the Department of Energy, State Government, who shall be the Convener of the selection committee; and
(c) the Chairman or any member of the Central Electricity Authority designated for the purpose from time to time.
(3) The selection committee shall act expeditiously and shall generally finalise the selection within a period of two mo
(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, accountancy, law or administration and further that, at all times,-
(a) at least one member of the Commission shall be an electrical engineer with experience of generation, transmission, distribution or supply of electricity; and
(b) at least one member of the Commission shall have qualification in, and experience of, any of the disciplines of economics, commerce, accountancy, law or administration.
(2) The selection and appointment of the members of the Commission shall at all times be made strictly in accordance with the qualification and experience mentioned in this
Every member of the Commission shall hold office for a period of five years from the date he assumes office and he shall not be eligible for re-appointment at any time after the expiry of his term of appointment.
Provided that the first three members of the Commission shall be appointed for varying period of three years, four years and five years respectively so as to avoid the retirement of all the members of the Commission at the same time and ensure continuity in the functioning of the Commission :
Provided further that no member of the Commission shall be appointed or shall hold office after he has attained the age of sixty two years.
(2) Subject to the provisions in the Schedule, the Chairman of the Commission and other members of the Commission shall receive such remuneration and othe
(1) The State Government may, after giving an opportunity of being heard, remove from office any member of the Commission, subject to the provisions of Sub-section (2), who-
(a) has been adjudged 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 act continuously for a period of three months or more, 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
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(1) The Commission shall appoint a person as Secretary of the Commission to assist the Commission to discharge its functions.
(2) The Commission shall, with the approval of 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 members of the Commission 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 of the Commission and the terms and conditions of their service may be prescribed
(1) The headquarters of the Commission shall be at Bhubaneswar, but the Commission shall be entitled to conduct its proceedings, consultations and hearings in other places in the State.
(2) The Commission shall have the power under Sub-section (1) of Section 54 to frame regulations for the conduct of its proceedings and discharge of its functions.
(3) In case of a difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the opinion of the Commission shall be expressed in terms of the views of the majority and, for this purpose, each member of the Commission shall have one vote only and the Chairman shall have no casting or second vote.
(4) The quorum for the meeting of the Commission shall be two, but in the case of a meeting of the Commission
(1) The Commission shall, for the purposes 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 while trying a suit in respect of the following matters, namely :
(a) the summoning and enforcing the 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 from any office;
(e) the issuing of any commission for examination of witnesses; and
(f) the review of its decisions, directions and orders.
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(1) Subject to 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 generation, transmission, distribution and supply of electricity in the State;
(b) to regulate the working of licensees and to promote their working in an efficient, economical and equitable manner;
(c) to issue licenses in accordance with the provisions of this Act and determine the conditions to be included in the licenses;
(d) to promote efficiency, economy and safety in the transmission, distribution and use of the electricity in the State including and in particular in regard to quality, continuity and reliability of service so as to enable all reasonable demands
(1) The State Government shall have the power to issue policy directives on matters concerning electricity in the State including the overall planning and coordination and all such policy directives shall be consistent with the objects sought to be achieved by this Act.
(2) If any dispute arises between the Commission and the State Government as to whether a question is or is not a question of policy, it shall be referred to the Central Electricity Authority whose decision thereon shall be final and binding and for this purpose the Central Electricity Authority may appoint one or more of its members to act on behalf of the said authority.
(3) The State Government shall be entitled to issue policy directives, concerning the subsidies to be allowed for supply of electricity to any class or classes or persons or in respect of any area in
(1) The Grid Corporation of Orissa Limited incorporated under the provisions of the Companies Act, 1956 with effect from the 20th day of April, 1995 with the main objects of engaging in the business of procurement, transmission and bulk supply of electric energy, shall subject to the powers of the State Government under Section 12, be the principal company to undertake planning and coordination in regard to transmission and to determine the electricity requirements in the State in coordination with the Generating Companies, State-Government, contiguous States, the Commission, the Regional Electricity Board and the Central Electricity Authority.
(2) Gridco shall own the extra high voltage transmission system, shall be responsible for transmission system operations and shall operate the power system in an efficient manner.
(3) Gridco sha
(1) No person, other than those authorised to do so by licence or by virtue of exemption under this Act or authorised or exempted by any other authority under the Electricity (Supply) Act, 1948 shall engage in the State in the business of-
(a) transmitting; or
(b) supplying electricity.
(2) Where any differences or dispute arises as to whether any person is or is not engaged or about to engage in the business or transmitting or supplying electricity as mentioned in Sub-section (1), the matter shall be referred to the Commission for decision which shall be final.
(3) The Commission shall have the power to order any unlicensed person to cease operating and disconnect its apparatus.
(4) Notwithstanding an
(1) The Commission may on an application made in such form and on payment of such fee as may be prescribed by regulations, grant a licence authorising any person to-
(a) transmit electricity in a specified area of transmission; and/or
(b) supply electricity in a specified area of supply.
(2) In respect of the grant of licence under Sub-section (1), the following provisions shall apply, -
(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, -
(i) all objection
(1) The Commission may make regulations to grant exemption from the requirement to have a licence, but subject to compliance with such conditions, if any, as may be specified in the regulations :
Provided that the Commission shall not, under any such regulations, grant any exemption with the consent.
(i) in any case where electricity is to be supplied in any area for which a local authority is constituted, of that local authority;
(ii) in any case where electricity, is to be supplied in any area forming part of any cantonment, aerodeone 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 lice
(1) It shall be the duty of the holder of a supply license or a transmission licence in respect of a particular area of supply or transmission, as the case may be, to develop and maintain an efficient, coordinated and economical system of electricity or transmission in the area of supply or area of transmission, 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 the power system and electric supply lines.
(3) Subject to Sub-section (4) Sections 12, 13, 14, 15, 16, 17, 18 and 19 of the Indian Electricity Act, 1910 shall have effect in relation to a person authorised by a licence to transmit or supply electricity, as if it were a licensee under the said A
(1) The Commission may enquire into the conduct of functioning of any licensee in carrying out the obligations under this Act, rules and regulations framed thereunder and the terms and conditions of its licence in the following circumstances :
(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, the Central Government or Central Electricity Authority; or
(c) upon receiving a 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 Commissi
(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, make such alterations and amendments to the terms and conditions of a licence as it thinks fit taking into account the object and purposes of this Act :
Provided that no such alterations or amendments, other than an alteration or amendment pursuant to a licence condition referred to in Sub-section (6) 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 to its license, 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 Section 18 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;
(b) the Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine the terms and conditions of the sale of the undertaking;
(c) the Commission may by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to the person whose application has been accepted by the Commission hereinafter referred to in this Section as the "Purchaser";
(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 applying for such consent, the licensee shall give not less than one month notice of the application -
(a) to the Commission; and
(b) if the licensee holds a supply licence, to every local authority both in the licensee's area of supply and also in the area, if any, in which such other person supplies, or intends to supply energy:
(1) Every licensee shall, unless expressly exempted by its licence, prepare and render to the Commission, on or before the date in each year specified in its licence, an annual statement of accounts of its undertaking and of each separate business unit as specified in its licence made up to such date, in such form and containing such particulars, as may be set in its ' licence. It shall be a term of its licence that such statements shall be published in the manner prescribed in the regulations.
(1) On and with effect from the date on which a transfer scheme, it may be prepared by the State Government to give effect the objects and purposes of this Act, is published (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 reverted by the State Government in the Gridco and OHPC in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabilities of the State Government as may be specified in such scheme, on such terms and conditions as may be agreed between the State Gov
(1) The State Government may by a transfer scheme provide for the transfer of the personnel to Gridco and OHPC, on the vesting of the properties, rights and liabilities in the Gridco or OHPC under Section 23.
(2) Upon such transfer under the transfer scheme the personnel shall hold office or service under Gridco or OHPC, as the case may be, 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.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law as is applicable, and except for the provisions made in this Act, the transfer of
(1) The State Government may provide that the transfer in terms of Sections 23 and 24 shall be provisional for a period of twelve months from the effective date and reserve the right to alter, vary, modify, add or otherwise change the terms in such manner as the State Government may consider appropriate.
(2) At any time before the end of the period of twelve months commencing on the effective date, the Gridco or OHPC, to whom property, interest on property, rights, liabilities and personnel have been transferred, may with the consent of the State Government, draw up a transfer scheme to vest some or all the property, rights, liabilities and personnel in another licensee, or generating companies subject to the consent of such other licensee or generating company to such vesting and any such transfer scheme shall take effect as if it were a transfer scheme under Sections 23 and 24 :
(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 license and in determining tariffs to collect those revenues.
(2) The Commission shall, save as provided in 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 Gazette and in such other manner as the Commission considers appropriate and, for doing so, the Commission shall be bound by the following parameters, namely :
(a) the financial principles and their applications provided in Sections 57 and 57-A of the Electricity (Supply) Act, 1948 and in the Sixth Schedule thereto;
(1) The State Government may, from time to time, make sub-ventions to any licensee for the purpose of Sub-section (3) of Section 12 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 substantially 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 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
(1) Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant conditions or requirement of its licence, it shall be final order under Section 29 and, if it thinks it appropriate in accordance with Sub-section (2) by interim order under this Section 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-
(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 is likely to be done or omitted to be done in contravention of
(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;
(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, not being less than sixty days from the date of publication of the notice, within which representations or objections to the proposed order may be made.
(2) The Commission shall consider any representations or objections that are duly made and not withdrawn and shall publish of such representations or objections specifying a period, not being less t
(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 it were a decree passed by a Civil Court.
(2) The Commission shall be entitled to take such assistance from the police and other authorities in the State required to effectively enforce the orders and directions given by it.
(3) The commission shall be entitled to give directions for vesting of the management and control of any of the undertaking of the licensee with the assets, interests and rights of the undertaking with any other person or authority pending any enquiry and passing of interim or final orders in the matter, if the Commission considers, taking into account the object and purposes of this Act and need to maintain continued supply of electricity in an efficient and safe man
(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 extend up to rupees one lakh for an act of non-compliance or violation and a further amount not exceeding rupees six thousand for every day during which the non-compliance or violation continues.
(2) The Commission shall, while making an interim or final order under this Chapter, 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 or persons affected
(1) The Commission shall, in consultation with the State Government, constitute a committee to be known as the Commission Advisory Committee, which shall consist of such member of persons, not being less than fifteen or more than twenty one, as the Commission may appoint after consultation with such representatives or bodies or representative of the following interests as the Commission thinks fit, that is to say, holders of supply licences in the State, holders of transmission licensees in the State, generating companies operating in the State, commerce, industry, transport, agriculture, labour employed in the electricity supply industry and consumers of electricity :
Provided that there shall be at least one member representing each such interest on the Commission Advisory Committee.
(2) The Chairman and members of the Commission sha
(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 licensees are to inform customers of their rights;
(b) such standards of performance in relation to any duty arising out of the rights referred to in Clause (a) as the Commission considers appropriate; and
(c) the circumstances in which licensees are to be exempted from any requirements of the regulations and may make different provision for different licensees.
(2) Nothing in this Act shall affect the rights and privileges of the consumption
(1) The Commission may, after consultation with licensees, the Commission Advisory Committee and with the 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 publication, 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 -
(a) the fines or penalties levied on licensees under this Act;
(b) the levels of overall performance achieved by licensees in connection with the transmission and provision of electricity supply services; and
(c) the levels of performance achieved by 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 with respect to each standard determined under Section 34;
(a) the number of cases in which a penalty was levied and the ag
(1) Save as otherwise provided in this Act, no confidential information with respect to any particular business which -
(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 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 -
(a) for the purpose of facilitating the carrying out by the State Government of any of its functions under a Statute;
(b) for the purpose of facilitating the Central
(1) Notwithstanding anything contained in the Arbitration Act, 1940 (10 of 1940) any dispute arising between licensees or in respect of matters provided under Section 33 shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate 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)
Notwithstanding anything contained in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, or any rules 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.
Any person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court on any question of law arising out of such order within sixty days from the date of communication to him of the decision or order of the Commission.
CASE LAW : Legality of levying wheeling charges and transmission loss in view of agreement - Proposal for fixation of tariff by the Regulatory Commission - Regulatory Commission invited public objection - Nalco one of the objectors - Whether appellants objection was maintainable? - Whether non-consideration of the objection vitiated the order ? Regulatory Commission was required under law to consider the contention with regard to such arrangement and take a decision thereon - The Commission on such consideration was free to either accept the arrangement or reject the same - Commission erred in law in observing tha
Whoever in contravention of the provisions of this Act or the regulations framed under this Act or of 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 six months or with penalty by way of fine which may extend to rupees one lakh, or both, and a further penalty which may extend to rupees six 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 or requirement made under any of the provisions of this Act, he shall be punishable with imprisonment which may extend to three months or with penalty by way of fine which may extend to rupees one lakh, or both and further penalty which may extend to rupees four 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 deligence 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 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 cognizance of any offence punishable under this Act except upon a complaint in writing made by an officer of the commission generally or speciality authorised in this behalf by the Commission, and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any such offence.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a Magistrate may, if he 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 this Act or orders passed by the Commission shall be in addition to and without prejudice to actions that may be initiated under other Act including 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, fines or charges, in accordance with the provisions of the Orissa Public Demands Recovery Act, 1962 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 or penalties are imposed under this Act shall not directly or indirectly, pass the same to the consumers in the form of tarrif 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 of proposal made under this Act or rules or regulations framed under this Act shall be appealable except as provided in this Act and no Civil Court including under the Arbitration Act, 1940 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 determine.
(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 Gazette, make such provision not inconsistent with the provisions of this Act as appears as to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this Section shall, as soon as possible after it is made, be laid before the State Legislature.
All proceedings before the Commission shall be deemed to be judicial proceedings 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 the Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
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, 1860 (45 of 1860).
(1) The Commission shall have power to frame regulations for the efficient performance of its functions under this Act by notification in the Gazette.
(2) In particular, but without prejudice to the generality of the provisions of Sub-section (1), such regulations may provide for all or any of the following matters, namely :
(a) the administration of the affairs of the Commission, the exercise of its administrative, quasi-judicial and judicial powers including arbitration and procedure, the summoning and holding of meeting of the Commission, the times and places at which such meetings shall be held and the conduct of the business thereat;
(b) the duties of the Secretary, officers and employees of the Commission;
(c) determination of the functions t
(1) The State Government may, by notification, make rules to carry out its functions under the provisions of the Act.
(2) In particular but without prejudice to the generality of the power contained in Sub-section (1), such rules may provide for all or any of the following matters, namely :
(a) the procedure to be adopted by the selection committee for discharge of its functions under the Act;
(b) the preparation and implementation of the transfer schemes, the transfer of assets to generating companies, licensees and others in the State;
(c) the financing, funding and giving of guarantee to persons involved in the generation, transmission, distribution and supply of electricity in the State; and
(d) any
Every rule and regulations made under this Act shall, as soon as may be after it is made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State legislature makes modifications, if any, therein, the rule or regulations shall, thereafter, have effect only in such modified form, so however, that such modification shall be without prejudice to the validity of anything previously done under that Rule or regulation.
(1) Except as provided in Section 58, the provisions of this Act, notwithstanding anything 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 the 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 Gridco provided however that -
(a) the State Government shall be entitled to issue all policy directives and undertake overall planning and coordination as specified in Section 12 and, to this extent, the powers and functions of the Board a
(1) Notwithstanding anything contained in this Act, the powers, rights and functions of the 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 electricity.
SCHEDULE
THE ORISSA ELECTRICITY REGULATORY COMMISSION
PART-I
The Commission's Finance, Accounts and Audit
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