Powers of Central Commission to make regulation

(1) The Central Commission may, by notification make regulations consistent    Powers of with this Act and the rules generally to carry out the provisions of this Act. Central Commission

(2) In particular and without prejudice to the generality of the power contained in   sub-section (/), such regulations may provide for all or any of following matters, namely:—   

1. period to be specified under the first proviso to section 14;

2. the form and the manner of the application under sub-section (I) of section 15;

3. the manner and particulars of notice under sub-section (2) of section 15;

4. the conditions of licence under section 16;

5. the manner and particulars of notice undo- clause (a) of sub-section (2) of section 18:

6. publication of alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18;

7. Grid Code under sub-section (2) of section 28;

8. levy and collection of fees and charge from generating companies or trans-mission utilities or licensees under sub-section (4) of section 28;

9. rates, charges and terms and conditions in respect of intervening transmis­sion facilities under proviso to section 36;

10. payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of section 38;

11. reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 38;

12. payment of transmission charges and a surcharge under sub-clause (ii) of clause (c) of section 40;

13. reduction and elimination of surcharge and cross subsidies under the second proviso to sub-clause (ii) of clause (c) of section 40;

14. proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41;

15. duties of electricity trader under sub-section (2) of section 52;

16. standards of performance of a licensee or class of licensees under sub-section (1) of section 57;

17. the period within which information to be furnished by the licensee under sub-section (/) of section 59;

18. the period within which the cross-subsidies shall be reduced and eliminated under clause (g) of section 61;

19. the terms and conditions for the determination of tariff under section 61;

20. details to be furnished by licensee or generating company under sub-section (2) of section 62;

21. the procedures for calculating the expected revenue from tariff and charges under sub-section (5) of section 62;

22. the manner of making an application before the Central Commission and the fee payable therefor under sub-section (/) of section 64;

23. the manner of publication of application under sub-section (2) of section 64;

24. issue of tariff order with modifications or conditions under sub-section (5) of section 64;

25. the manner by which development of market in power including trading specified under section 66;

26. the powers and duties of the Secretary of the Central Commission under sub­section (7) of section 91;

27. the terms and conditions of service of the Secretary, officers and other employees of Central Commission under sub-section (3) of section 91;

28. the rules of procedure for transaction of business under sub-section (7) of section 92;

29. minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of section 128;

30. the manner of service and publication of notice under section 130;

31. any other matter which is to be, or may be specified by regulations.

Rules and regulations to be laid before Parliament

179. Every rule made by the Central Government, every regulation made by the Authority, and every regulation made by the Central Commission 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.

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Powers of State Governments to make rules

180.

(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the payment of fees for application for grant of licence under sub-section (/) of section 15;

(b) the works of licensees affecting the property of other persons under subsection (2) of section 67;

(c) such other matters which may be prescribed under clause (c) of subsection (2) of section 68;

(d) the salary, allowances and other terms and conditions of service of the Chairperson and Members of the State Commission under sub-section (2) of section 89;

(e) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (5) of section 89;

(f) any other matter required to be prescribed by the State Commission under clause (g) of sub-section (7) of section 94;

(g) the manner of applying the Fund under sub-section (5) of section 103;

(h) the form in which and time at which the State Commission shall prepare its annual accounts under sub-section (7) of section 104;

(i) the form in which and time at which the State Commission shall prepare its annual report under sub-section (7) of section 105;

(j) the form in which and time at which the State Commission shall prepare its budget under section 106;

(k) manner of service of provisional order of assessment under sub-section (2) of section 126;

(l) manner of holding inquiry by an adjudicating officer under sub-section (7) of section 143;

(m) the form in which and the time at which notice to the Electrical Inspector under sub-section (7) of section 161;

(n) the manner of delivery of every notice, order or document under sub-section (7) of section 171; and

(o) any other matter which is required to be, or may be, prescribed.

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181 (1) The State Commissions may, by notification, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act,

(2) In particular and without prejudice to the generality of the power contained in sub-

(a) period to be specified under the first proviso to section 14;

(b) the form and the manner of application under sub-section (7) of section 15;

(c) the manner and particulars of application for licence to be published under sub-section (2) of section 15;

(d) the conditions of licence under section 16;

(e) the manner and particulars of notice under clause (a) of sub-section (2) of section 18;

(f) publication of the alterations or amendments to be made in the licence under clause (c) of sub-section (2) of section 18;

(g) levy and collection of fees and charges from generating companies or licensees under sub-section (3) of section 32;

(h) rates, charges and the terms and conditions in respect of intervening transmission facilities under proviso to section 36;

(i) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (d) of sub-section (2) of section 39;

(j) reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 39;

(k) manner and utilisation of payment and surcharge under the fourth proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 39;

(l) payment of the transmission charges and a surcharge under sub-clause (ii) of clause (c) of section 40;

(m) reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (c) of section 40;

(n) the manner of payment of surcharge under the fourth proviso to sub-clause (ii) of clause (c) of section 40;

(o) proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41;

(p) reduction and elimination of surcharge and cross-subsidies under the third proviso to sub-section (2) of section 42;

(q) payment of additional charges on charges of wheeling under sub-section (4) of section 42;

(r) guidelines under sub-section (J) of section 42;

(s) the time and manner for settlement of grievances under sub-section (7) of section 42;

(t) the period to be specified by the State Commission for the purposes specified under sub-section (/) of section 43;

(u) methods and principles by which charges for electricity shall be fixed under sub-section (2) of section 45;

(v) reasonable security payable to the distribution licensee under sub-section (/) of section 47;

(w) payment of interest on security under sub-section (4) of section 47;

(x) electricity supply code under section 50;

(y) the proportion of revenues from other business to-be utilised for reducing wheeling charges under proviso to section 51;

(z) duties of electricity trader under sub-section (2) of section 52;

(za) standards of performance of a licensee or a class of licensees under subsection (7) of section 57;

(zb) the period within h information to be furnished by the licensee under sub-section (/) of section 59:

(zc) period within which the cross-subsidies shall be reduced and eliminated under clause (g) of section 51;

(zd) the terms and conditions for determination of tariff under section 61;

(ze) details to be famished by licensee or generating company unde, sub-section(2) of section 62;

(zf) the methodologies and procedures for calculating the expected revenue from tariff and charges under sub-section (5) of section 62;

(zg) the manner of making an application before the State Commission and the fee payable therefor under sub-section (/) of section 64;

(zh) issue of tariff order with modifications or conditions under sub-section (3) of section 64;

(zi) the manner by which development of market in power including trading specified under section 66;

(zj) the powers and duties of the Secretary of the State Commission under sub-section (/) of section 91;

(zk) the terms and conditions of service of the secretary, officers and other employees of the State Commission under sub-section (2) of section 91;

(zl) rules of procedure for transaction of business under sub-section (/) of section 92;

(zm) minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under sub-section (8) of section 128;

(zn) the manner of service and publication of notice under section 130;

(zo) the form of preferring the appeal and the manner in which such form shall be verified and the fee for preferring the appeal under sub-section (/) of section 127;

(zp) any other matter which is to be, or may be, specified.

(3) All regulation made by the State Commission under this Act shall be subject to the condition of previous publication.

Rules and regulations to be laid before State Legislature.

182. 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 State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

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183 (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty;

               Provided that no order shall be made under this section after the expiry of two years from fee date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament

Provisions of Act not to apply in certain cases.

184. The provisions of this Act shall not apply to the Ministry or Department of the Central Government dealing with Defense, Atomic Energy or such other similar Ministries or Departments or undertakings or Boards. or institutions under the control of such Ministries or Departments as may be notified by she Central Government.

185 (1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948) the Electricity Regulatory Commissions Act, 1998 are hereby repealed.

(2) Notwithstanding such repeal,—

(a) anything done or any action taken or purported to have been done or take including any rule; notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;

(b) the provisions contained in sections 12 to 18 of the Indian Electricity Act, 1910 and rules made thereunder shall have effect until the rules under sections 67 to 69 of this Act are made;

(c) the Indian Electricity Rules, 1956 made under section 37 of the Indian Electricity Act, 1910 as it stood before such repeal shall continue to be in force till die regulations under section 53 of this Act are made.

(d) all rules made under sub-section (/) of section 6) of the Electricity (Supply) Act, 1948 shall continue to have effect until such rules are rescinded or modified, as the case may be;

(e) all directives issued, before the commencement of this Act, by a State Government under the enactments specified in the Schedule shall continue to apply for the period for which such directions were issued by the State Government.

(3) The provisions of the enactments specified in the Schedule, not inconsistent with the provisions of this Act, shall apply to the States in wh:7h such enactments are applicable.

(4) The Central Government may, as and when considered necessary, by notification, amend the Schedule.

(5) Save as otherwise provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeals.

Index

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