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Draft of Electricity Bill 2000 Part - 9

OTHER PROVISIONS

Electrical Inspectors

127. (1) The State Government may appoint qualified and impartial persons to be electrical inspectors under this Act, and may prescribe the qualifications, term of office, emoluments and allowances, area of jurisdiction and other matters relevant thereto.

(2) The duties of an electrical inspector under this Act shall be as follows-

(a) to inspect and test, periodically and in special cases, electric lines and electrical plant belonging to an Authorised Person;

(b) to examine, periodically and in special cases, the generation, transmission, distribution or supply of electricity by such Authorised Person;

(c) to inspect and test, if and when required by any consumer, any such lines and plant on the consumer's premises, for the purposes of determining whether any requirement imposed by or under this Act or Rules and Regulations framed thereunder, in respect of the electric lines or electrical plant or the supply of electricity through or by them has been complied with; and

(d) such other duties as may be imposed by Rules to be prescribed under this section or by general or specific directions of the Competent Government or Competent Commission.

(3) The State Government may by Rules -

(a) prescribe the manner in which and the times at which any duties are to be performed by electrical inspectors;

(b) require Authorised Person to -

(i) furnish electrical inspectors with records or other information; and

(ii) to allow such inspectors access to premises and the use of electrical plant and other facilities; and

(c) make provision for relieving Authorised Person from any obligation to supply electricity in such cases as may be prescribed.

(4) Not later than 7 days after an inspection, test or examination under this section, the electrical inspector shall make a report containing his findings on the compliance of technical and safety standards and the directions, if any, for remedial action by the Authorised Person, and send a copy thereof to the Competent Commission and the Authorised Person.

(5) Upon receiving a report under sub-section (4) of this section, the Authorised Person shall comply with the directions therein or take such other action as may be necessary to comply with the provisions of this act, and the Rules and Regulations thereunder with respect to his electrical plant or electric lines, as the case may be, and inform the Competent Commission and the electrical inspector as early as may be.

(6) An appeal from the decision of an Electrical Inspector shall lie to the Competent Commission provided that till such decision is set aside, modified, waived or stayed by the Competent Commission, the party affected by such decision shall comply with the same.

Powers of entry

128. Any officer or other employee of the Competent Commission or of Authorised Person generally or specially authorised by the Commission or by the Authorised Person, as the case may be, in this behalf or any electrical Inspector or Consumer Protection Officer may at any reasonable time after giving the owner or occupier reasonable notice enter upon any land or premises and there do such things as may be reasonable necessary for the purposes of lawfully using any electric lines, or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of duties by the Commission, Authorised Person, Electrical Inspector or Consumer Protection Officer, as the case may be, under this Act.

Exercise of the powers of telegraph authority in certain cases

129. The Competent Government may by order in writing, for the placing of electric lines, appliances and apparatus for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper co-ordination of works, confer upon any public servant, Authorised Person or any other person engaged in the business of supplying electricity to the public under this Act, subject to such conditions and restrictions, if any, as the Competent Government may think fit to impose and to the provisions of the Indian Telegraph Act, 1885 (13 of 1885), any of the powers which the telegraph authority possesses under that Act with respect to the placing of telegraph lines and posts (in this section "post" means a post, pole, standard, strut or other above-ground contrivance for carrying, suspending or supporting a telegraph line) for the purposes of a telegraph established or maintained, by the Government or to be so established or maintained, or allowed to be established or, maintained by the Government or to be so established or maintained by or under any other law for the time being in force for the same.

Amendment of the Land Acquisition Act, 1894

130. (1) In section 40, sub-section (1) clause (b) and section 41 (5) of the Land Acquisition Act, 1894 (1 of 1894) the term "work" shall be deemed to include electricity supplied or to be supplied by means of the work to be constructed.

(2) The Competent Government may, on recommendation of the Competent Commission in this behalf, if it thinks fit, on the application of any person, not being a company desirous of obtaining any land for its purposes, direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894) in the same manner and on the same conditions as it might be acquired if the person were a company.

Civil Courts not to have jurisdiction

131. No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the Competent Commission or any Authority or officer is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Exemption of electric lines or electrical plants from attachment in certain cases

132. Where any electric lines or electrical plant, belonging to an Authorised Person are placed in or upon any premises or land not being in the possession of Authorised Person, such electric lines or electric plant shall not be liable to be taken in execution under any process of any civil court or in any proceedings in insolvency against the person in whose possession the same may be.

Protection for acts done in good faith

133. (1) No suit, prosecution or other proceeding shall lie against any Competent Government or Competent Commission or any member of the Competent Commission, or any public servant, or any servant of a Competent Government, Competent Commission or local authority for anything done or in good faith purporting to be done or needs to be done under this Act or the Rules or Regulations made thereunder.

(2) No court shall take cognizance of an offence under this Act, by a public servant except with the sanction -

(a) in the case of a person employed in connection with the affairs of the Union, of the Union Government;

(b) in the case of a person employed in connection with the affairs of the State, of the State Government; and

(c) in the case of a person employed in connection with the affairs of the Competent Commission, of the Competent Commission.

Members, officers etc. of the Commission to be public servants

134. All Members and 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 or Rules and Regulations framed thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

Recovery of fees, fines etc.

135. The Commission shall be entitled to recovery all sums due to it under this Act whether by way of fees, fines, penalties or other charges as arrears of land revenue under the Revenue Recovery Act, 1890 (1 of 1890) or similar Acts in force in the respective states, as the case may be.

Powers of Union Government to make Rules

136. (1) The Union Government may, by notification, make Rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such Rules may provide for -

(a) salary, allowances and other conditions of service of a Member of the central Commission under sub-section (2) of section 86;

(b) manner of subscribing oath of office to members of Central Commission under sub-section (3) of section 86;

(c) matters regarding which the Central Commission shall have powers as are vested in civil court under sub-section (1) of section 91;

(d) form and time for preparation of the annual budget of the Central Commission under sub-section (1) of section 96;

(e) increase in the number of Members of the Central Electricity Authority under section 72;

(f) the cases and manner in which a copy of the application shall be sent to the Authority under sub-section (2) of section 6;

(g) terms and conditions for operation of Generating Utility under section 10;

(h) constitution and functions of the National Load Despatch Centre under section 54;

(i) constitution of the Regional Transmission Centre and appointment of its officers and staff under sub-section (2) of section 55;

(j) fee payable to the Regional Transmission Centre under sub-section (3) of section 56;

(k) works of Authorisd Person affecting the property of other persons under section 71;

(l) conciliation of disputes between Authorised Persons under section 121; and

(m) additional mode of service of notices etc. and nomination of officers for the purpose of service on Union Government under sub-section (1) of section 143.

Powers of the Central Electricity Authority to make Regulations

137. (1) The Central Electricity Authority may be notification make Regulations to carry out the provisions of this Act.

(2) before notifying any Regulations under this Act, the Authority shall give notice -

(a) stating that it proposes to issue the Regulations;

(b) stating the reasons why it proposes to issue the Regulation; and

(c) stating the time not being less than 30 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made,

and shall consider any representation on objections which are duly made and not withdrawn.

(3) Without prejudice to the generality of the foregoing powers, such Regulations may provide for -

(a) technical standards for construction of electrical plants and electricity lines under section 75;

(b) safety standards for construction, operation and maintenance of electrical plants and electric lines under section 75; and

(c) form and manner in which the state Government and Authorised Persons shall furnish statistics, returns or other information under section 77;

(d) electricity Supply Code section 25;

(e) installation and operation of meters under section 32; and

(f) Grid Standards under section 64.

Powers of the Central Commission to make Regulations

138. (1) The Central Commission may by notification make Regulations to carry out the provisions of this Act.

(2) Before notifying any Regulations under this Act, the Central Commission shall give notice -

(a) stating that it proposes to issue the Regulations;

(b) stating the reasons why it proposes to issue the Regulations; and

(c) stating the time (not being less than 30 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made.

and shall consider any representation or objections which are duly made and not withdrawn.

(3) Without prejudice to the generality of the foregoing powers, such Regulations may provide for -

(a) powers and duties of the Secretary of the Central Commission under sub-section 91) of section 88;

(b) number, nature, categories and terms and condition of service of the officers and staff of Commission under sub-section (2) of section 88;

(c) terms and conditions of appointment of consultants under sub-section (3) of section 88;

(d) the guidelines and methodology relating to determination of tariff for electric utilities under clause (a) of sub-section (1) of section 80;

(e) rules of procedure for transaction of business under sub-section (1) of section 89;

(f) delegation of powers under section 92;

(g) manner for making an application to Central Commission and the fee payable therefor under sub-section (1) of section 6;

(h) annual fee payable under sub-section (1) of section 7;

(i) terms and conditions for the determination of tariff payable to Authorised Persons under section 39;

(j) the manner of making an application before the Central Commission and the fee payable therefor under sub-section(1) of section 40;

(k) principles and guidelines for the Regional Transmission Centre under sub-section (2) of section 56; and

(l) the number of arbitrators, place of sitting etc. of arbitrators appointed by it under sub-section (4) of section 122.

Rules and Regulations to be laid before Parliament

139. Every Rule made by the Union Government, every Regulation made by the Central Commission, and every Regulation made by the Authority shall be laid, as soon as may be after it is made before each House of the Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Rule or Regulation or agree that the Rule or Regulation should not be made, the Rule or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule or Regulation.

Powers of State Governments to make Rules

140. (1) The State Government may, by notification make Rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of foregoing power, such Rules may provide for -

(a) salary, allowances and other conditions of service of a Member of the State Commission under sub-section (2) of section 86;

(b) manner of subscribing oath of office to members of State Commission under sub-section (3) of section 86;

(c) matters regarding which the State Commission shall have powers as are vested in civil court under sub-section (1) of section 91;

(d) form and time for preparation of the annual budget of the State Commission under sub-section (1) of section 96;

(e) terms and conditions for operation of Generating Utility under section 10;

(f) constitution of the State Transmission Centre and appointment of its offices and staff of under sub-section (2) of section 60;

(g) fee payable to the State Transmission Centre under sub-section (3) of section 61;

(h) works of Authorised Persons affecting the property of other persons under section 71;

(i) Qualification, selection, term of office, jurisdiction etc. of the Consumer Protection Officers under sub-sections (1) and (2) of section 125;

(j) manner of making application before Consumer Protection Officer, fee payable therefor, issue of notices etc. under sub-section (3) of section 125;

(k) additional mode of service of notices etc. and nomination of officers for the purpose of service of notice etc. on the State Government under sub-section (1) of section 143; and

(l) appointment, qualifications, terms of service, duties etc. of Electrical Inspectors under section 127.

Powers of the State Commission to make Regulations

141 (1) The State Commissions may, by notification, make Regulations to carry out the provisions of this Act.

(2) Before notifying any Regulations under this Act, the State Commission shall give notice.

(a) stating that it proposes to issue the Regulations;

(b) stating the reasons why it proposes to issue the Regulation; and

(c) stating the time (not being less than 30 days from the date of publication of the notice) within which representations or objections with respect to the proposed order may be made,

and shall consider any representation or objections which are duly made and not withdrawn.

(3) Without prejudice to the generality of the foregoing power, such Regulations may provide for -

(a) powers and duties of the secretary of the State Commission under sub-section (1) of section 88;

(b) numbers, nature, categories and terms and conditions of service of the officers and staff of the State Commission under sub-section (2) of section 88;

(c) terms and conditions of appointment of consultants under sub-section (3) of section 88;

(d) rules of procedure for transaction of business under sub-section (1) of section 89;

(e) delegation of powers under section 92;

(f) manner of making an application before State Commission and the fee payable therefor under sub-section (1) of section 6;

(g) annual fee under sub-section (1) of section 7;

(h) wheeling of electricity by Area Distributor under sub-section (5) of section 18;

(i) recovery of certain expenditures by the Area Distributor under section 21;

(j) reasonable security payable to the Area Distributor under section 22;

(k) standards of performance by the Area Distributors under sub-section (1) and (2) of section 35;

(l) terms and conditions for the determination of tariff payable to Authorised Person under section 39;

(m) the manner of making an application before he State Commission and the fee payable therefor under sub-section (1) of section 40;

(n) principles and guidelines for State Transmission Centre under sub-section (2) of section 61;

(o) procedure for compounding of offences by the State Commission under sub-section (2) of section 118; and

(p) the number of arbitrators, place of sitting etc. of arbitrators appointed by it under sub-section (4) of 122.

Rules and Regulations to be laid before State Legislature

142. Every Rule made by the State Government and every Regulation made by the State Commission shall be laid, as soon as may be after it is made before each House of the Legislature, as the case may be, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, Legislature agree in making any modification in the Rule or Regulation or agree that the Rule or Regulation should not be made, the Rule or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule or Regulation.

Service of notices, orders or documents

143. (1) Every notice, order or document by or under this Act required, or authorised to be addressed to any person may be served on him by delivering the same after obtaining signed acknowledgement receipt therefor or by registered post or such means of communication as may be prescribed or left -

(a) where the Competent Government is the addressee, at the office of such officer as the Competent Government may prescribe in this behalf;

(b) where the Competent Commission is the addressee, at the office of the Competent Commission;

(c) where a company is the addressee, at the registered office of the company or, in the event of the Registered office of the company not being in India, at the head office of the company in India; and

(d) where any other person is the addressee, at the usual or last known place of abode or business of the person.

(2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or if their is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it one some conspicuous part of the premises.

Power to remove difficulties

144. (1) If any difficulty arises in giving effect to the provisions of this Act or the Rules, Regulations, scheme or orders made thereunder, the Union Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to be necessary or expedient for removing the difficulty;

Provided that such order or order shall not be enforceable or made after the first anniversary of the appointed date.

(2) Every order made under this section shall be laid before the Parliament, as soon as may be.

Transitional Provisions

145. The transitional provisions contained in the First Schedule to this Act shall have effect for the purposes of this Act.

Overriding effect

146. Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.

Provided that 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 insofar as it is inconsistent with any provision of the Atomic Energy Act, 1962 (33 of 1962) relating to the construction, operation and maintenance of a generating stating using atomic energy for any purpose.

Repeals and Savings

147. (1) The Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commission Act, 1998 (14 of 1998) are hereby repealed.

(2) Notwithstanding such repeal, and unless otherwise provided -

(a) all notifications published, powers conferred, form prescribed, local jurisdiction defined under the Acts repealed under sub-section (1) shall, to the extent to which they are not repugnant to the provisions of this Act, be deemed to have been published, conferred, prescribed or defined under this Act;

(b) all proceedings including arbitration proceedings, inquiries, trials and appeals pending immediately before the appointed date shall be heard and disposed of in accordance with the provisions of the repealed laws as if this Act had not come into force; and

(c) all the contracts entered into under the repealed laws shall continue to be in force and binding upon the successors in interest.

(3) Notwithstanding anything to the contrary contained in this Act, the provisions of the Saved Enactments named in the Second Schedule shall continue to be in force and shall have overriding effect to the extent of any inconsistency between such Saved Enactments and the provisions of this Act, and references to the repealed laws in the Saved Enactments shall be construed as references to this Act.

(4) The provisions contained in this Act shall not apply in the territory of the State of Jammu and Kashmir to the extent of their inconsistency with any law for the time being inforce in Jammu and Kashmir.

 


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