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Draft of Electricity Bill 2000 Part - 4 & 5

WORKS

Provisions relating to Works connected with Supply of Electricity

70. (1) An Authorised Person may, from time to time, but subject always to the terms and conditions of his authorisation, within his Authorised Area, or, when permitted by the terms of his authorisation, to lay down or place electric lines without the area of Supply, without that Area, shall have the right to enter the premises at any reasonable time between sunrise and sunset and to do all such acts as are necessary to lay down or place electric lines.

(2) Nothing contained in sub-section (1) shall be deemed to authorise or empower an Authorisd Person, without the consent of the local authority or of the owner or occupier concerned, as the case may be, to law down or place any electric line, or other work in, through or against any building, or on, over or under any land not dedicated to public use whereon, wherever or where under any electric line or work has not already been lawfully laid down or placed by such Authorisd Person.

Provided that any support of an overhead line or any stay or strut required for the sole purpose of securing in position any support of an overhead line may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the District Magistrate or the Commissioner of Police, as the case may be, by order in writing so directs, and subject to such terms and payment of such compensation or rent as stipulated in the order of the District Magistrate or the Commissioner of Police, as the case may be.

Rule making powers relating to Works

71. The Competent Government may prescribe Rules in respect of all or any of the following matters, namely -

(a) issue of notice and conduct of proceedings related to the application for direction under sub-section (2) of section 70;

(b) award of reasonable compensation or rent to the owner or occupier of the property damaged by such works;

(c) avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works;

(d) procedure for undertaking works which are not repairable by the Competent Government, Authorised Person or local authority;

(e) deposit of amount required for restoration of any railways, tramways, waterways, etc.;

(f) restoration of property affected by such works and maintenance;

(g) deposit of compensation awarded and furnishing of security;

(h) work requiring alteration of pipes or wires including telegraph wires, sewerlines, tunnels, drains, other electric lines etc.; and

(i) such other matters as are required for construction and maintenance of works.

CENTRAL ELECRICITY AUTHORITY

Constitution of the Central Electricity Authority

72. (1) The Union Government shall, within month of the appointed date, establish by notification an Authority to be known as the Central Electricity Authority (the "Authority") to exercise the powers and discharge the functions in accordance with the provisions of this Act.

Provided that the members of the Central Electricity Authority constituted under the Electricity (Supply) Act, 1948 (1 of 1948) and functioning as such on the appointed date shall be deemed to be members of the Central Electricity Authority Constituted under this Act.

(2) The Authority shall consist of not more than five members to be appointed by the Union Government on such terms as it may determine. One of the members shall be designated by the Union Government as the Chairperson.

Provided that the union Government may, at any time by notification increase the number of Members to seven.

(3) The Members of the Authority shall be persons having adequate knowledge, experience and capacity in dealing with problems relating to engineering, finance, commerce, economics or industrial matters, and at least one Member shall be appointed from each of the following categories, namely-

(a) engineering with specialisation in design, construction, operation and maintenance of generating stations;

(b) engineering with specialisation in transmission and supply of electricity;

(c) applied economics; or

(d) industrial, commercial or financial matters.

Members not to have certain interest

73. No member of the Authority shall have any share or interest whether in his own name or otherwise, in any company or other body corporate or an association of persons, or a firm engaged in the business of supplying electricity or fuel for the generation thereof, or in the manufacture of electrical equipment.

Officers and staff of the Authority

74. The Authority may, on such terms as to numbers, nature, categories and terms and conditions of service as the Union Government may determine, appoint a Secretary and such other officers and staff as it may consider necessary for performance of its functions and duties under this Act.

Functions of the Authority

75. The Authority shall perform such functions and duties as the Union Government may prescribe or direct, and in particular to -

(a) develop a national electricity policy, formulate short-term and perspective plans for development of the electricity systems and co-ordinate the activities of the planning agencies for the optimal utilisation of resources to subserve the interests of the national economy and to provide reliable and affordable electricity for all consumers;

(b) specify the minimum range of acceptable technical specifications and standards for construction of electrical plants and electric lines;

(c) specify the safety requirements for construction, operation and maintenance of electrical plants and electric lines;

(d) specify the Grid Standards for operation and maintenance of transmission lines;

(e) specify the Electricity Supply Code for enabling Area Distributors to discharge their functions and perform their duties;

(f) specify the conditions for installation of meters for transmission and supply of electricity;

(g) promote and assist in the timely completion of schemes and projects for improving and augmenting the electricity systems;

(h) promote measures for advancing the skill of person engaged in the electricity industry;

(i) to scrutinise the applications received under sub-section (2) of section 6 and tender advice thereon to the Competent Commission;

(j) advise the Union Government on any matter on which its advice is sought or make recommendation to that Government on any matter if, in the opinion of the Authority, the recommendation would help in improving the generation, transmission, trading, distribution and utilisation of electricity;

(k) collect and record the date concerning the generation, transmission, trading, distribution and utilisation of electricity and carry out studies relating to cost, efficiency, competitiveness and such like matters;

(l) make public from to time information secured under this Act, and provide for the publication of reports and investigations;

(m) promote research in matters affecting the generation, transmission, distribution and supply of electricity;

(n) carry out, or cause to be carried out, any investigation for the purposes of this Act; and

(o) advise any State Government and Authorisd Person on such matters as will enable them to operate and maintain the electricity system under their ownership or control in an improved manner and, where necessary, in co-ordination with any other Government or Authorisd Person owning or having the control of another electricity system.

Preparation of a National Electricity Plan

76. (1) The Authority shall, in consultation with the Union Government, prepare and publish a National Electricity Plan once in five years, and shall publish an annual plan once in each year containing, inter alia, the national electricity policy and the short term and perspective plans for development of the Electricity system based on optimal utilisation of resources.

(2) The Authority shall publish a draft National Electricity Plan and provide 60 days' notice for inviting objections from State Governments, Authorisd Person and the public, and upon receipt of such objections, it shall consider the same in preparing the National Electricity Plan.

(3) The Authority shall publish the National Electricity Plan and make it freely available at a reasonable price.

(4) The procedure laid down in this section shall be followed, mutatis mutandis, for the preparation and publication of annual plans.

Power to require statistics and returns

77. It shall be the duty of every State Government and Authorised Person to furnish to the Authority such statistics, returns or other information relating to generation, transmission, trading, distribution, supply and use of electricity as it may require and at such times and in such form and manner as may be specified.

Directions of Union Government to the Authority

78. In the discharge of its functions, the Authority shall be guided by such directions in matters of policy involving public interest as the Union Government may give.



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