PART – XIII

MISCELLANEOUS
   

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)
56.

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.

(2)

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)
58.

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)

59.

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.

(2)

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:-

  1. the procedure to be adopted by the selection committee for discharge of functions under this Act;

  2. prescribing other details and information required to be notified to the convenor of the selection committee by persons who are considered for appointment as members of the Commission;

  3. prescription of remuneration and other allowances in respect of the Chairperson and other members of the Commission and the conditions of the service under which they would be governed from time to time;

  4. prescription of the form, the manner in which and the authority before whom oath of office and secrecy would be subscribed by the Chairperson and other members of the Commission;

  5. prescribing the form in which annual statements of accounts is to be prepared by the Commission;

  6. prescribing the form and the time within which the annual report of the Commission shall be furnished to the Government ;

  7. the preparation and implementation of the transfer scheme, the transfer of assets, liabilities and personnel of generating companies, licensees and others in the National Capital Territory of Delhi;

  8. the financing, funding, giving of guarantee, etc. to the persons involved in the generation, transmission, distribution and supply of electricity in the National Capital Territory of Delhi.
         
    (i) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by rules.

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.

(2)

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:-

  1. the administration of the affairs of the Commission including the discharging of its functions, the exercise of its administrative, quasi-judicial and judicial powers including arbitration and procedure, summoning and holding of the meetings of the Commission, the times at which such meetings shall be held, the conduct of business thereof and the manner in which copies of decision , directions and orders of the Commission shall be made available.

  2. the duties of the Secretary, officers and employees of the Commission, method and manner of their selection for appointment, their salaries, allowances and conditions of service;

  3. determination of the functions to be assigned to licensees and others involved in the generation, purchase, transmission, distribution and supply, the manner in which such functions shall be discharged, furnishing of periodical information by them to the Commission related to generation, transmission, distribution and supply or use of electricity or information related to organisation, business, cost of productions, etc as may be prescribed, conferring upon licensees and other persons any of the powers which the telegraph authority possesses under the Indian Telegraph Act,1885 with respect to placing of telegraph lines and post and the procedure and code to be adopted with regard to power system and electric supply lines;

  4. the procedure for licensing of transmission and supply, the conditions for the grant of licenses and particulars, details and documents to be made available by the persons applying for licence, the standard and general conditions subject to which, the licence shall be granted prescribing the form of application for grant of licence and fee payable for such licence, the exemption from grant of licence, revocation and alteration and amendment and effect thereof, of the licence, and all matters related to the above;

  5. the duties, powers, rights and obligations of the licensee;

  6. the particulars to be furnished, the collection of information, details, particulars, documents, accounts, books etc., from or of the persons involved in the generation, transmission, distribution, supply and use of electricity, the form and manner in which the same are to be furnished and enforcing and compelling the production of the same;

  7. method and manner of determination of licensee’s revenues, tariff fixation, the matters to be considered in such determination and fixation;

  8. the constitution of the Commission Advisory Committee;

  9. to make regulations governing the terms and conditions for the operation and maintenance of power system and electric supply lines;

  10. the determination of the standard of performance of the persons involved in the generation, transmission, distribution and supply of electricity in the National Capital Territory of Delhi;

  11. the amount of fines and penalties to be imposed for violation of provisions of this Act including the method and manner of imposition of fines and penalties and collection of the same;

  12. to prescribe the form and manner in which the accounts of the Commission shall be maintained;

  13. to regulate the properties, assets and interest in the properties used for or in connection with the electricity industry in the National Capital Territory of Delhi;

  14. any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by regulations.

Rules and regulations to be laid before the Legislative Assembly.

62

Every 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 regulation.
  

[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]

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