|Recovery of fees, fines and charges||52.||
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 Dues Recovery Act, 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.
|Application of fine and charges||53.||
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.
|No part of the fines or penalties imposed to be passed on.||54.||
The licensee, generating companies and others on whom the fines, charges , penalties, etc. are imposed under this Act shall not, directly or indirectly, pass the same to the consumers in the form of tariff or charges payable.
|Protection of action taken in good faith.||55.||
No suit or legal proceedings shall lie against the Commission or the Chairperson or 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.
|Bar of jurisdiction.
(Central Act 26 of 1996)
No order or proposal made under this Act or rules or regulations framed under this Act shall be open to an appeal except as provided in this 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 this Act is empowered by, or under, this Act..
|Power to remove difficulties.||57.||(1)||
If any difficulty arises in giving effect to the provisions of this Act or rules, regulations, schemes or orders made thereunder, the Government may, by order published in the official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it be to necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of the commencement of this Act.
Every order made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of the National Capital Territory of Delhi.
|Proceedings before the
Commission to be judicial proceedings.
(Central Act 45 of 1860)
(Central Act 2 of 1974)
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 purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
|Members, officers and
employees of Commission to be public servants.
(Central Act 45 of 1860)
The Chairperson, members, officers and other employees of the Commission appointed for carrying out the objects and purposes of this Act shall be deemed, when acting or purporting to act in pursuance of any provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.
|Power to make rules||60.||(1)||
The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.
In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
|Power to make regulations.||61.||(1)||
The Commission may by notification in the official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
Rules and regulations to be laid before the Legislative Assembly.
rule made by the Government and every regulation made by the Commission under this
Act shall be laid , as soon as may be after it is made, before the House of the
Legislative Assembly of the National Capital Territory of Delhi, 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, the House agrees in making any modification
in the rule or regulation or the House agrees 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
|[Preliminary] [Delhi Electricity Regulatory Commission] [Reorganisation of Electricity Industry] [Tariffs]|
|[Advisory Committee, Consumer Counsultation, Etc.] [Arbitration and Appeals] [Offences and Penalties] [Powers of the Government]|
|[Licensing of Transmission and Supply] [Accounts, Audit and Report of the Commission] [Effect on Existing Central Legislation]|
|[Powers of Commission to Pass Orders and Enforce Decisions] [Proceedings, Powers and Functions of the Commission]|