Chapter XIII EFFECT ON EXISTING CENTRAL

(1) The provisions of this Act shall have effect notwithstanding that the same are inconsistent with the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply), Act, 1948, in their application to the State of Gujarat which continue to apply after the commencement of this Act. (2) Notwithstanding anything contained in the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948, in their application to the State of Gujarat, the Board and the State Government shall cease to exercise such powers and perform such functions to regulate the electricity industry in the State, which have been conferred or imposed on the Commission under this Act. (3) (a) In respect of matters provided in sections 3 to 11, 27D and 28 of the Indian Electricity Act, 1910, in its application to the State of Gujarat (hereinafter in this sub-section referred to as “the said Central Act”) to the extent this Act has made specific provisions, the said provisions of the said Central Act shall cease to apply in the State. (b) Notwithstanding that the provisions of the said Central Act referred to in sub-clause (a) have ceased to apply, anything done or any action taken under the provisions which have so ceased to apply, shall be deemed to have been done or taken under the corresponding provisions of this Act and accordingly a licence granted under the ceased section 3 of the said Central Act and subsisting on the date of commencement of this Act shall be deemed to be a licence granted under section 20 of this Act and shall be valid until substituted, suspended or revoked under the provisions of this Act and a sanction given under ceased section 28 of the said Central Act shall be deemed to be a sanction granted under section 26 of this Act and shall be valid until the expiry of its period. (c) Any reference to a “licence” or “transmission licence” in the said Central Act shall be construed as a reference to a licence granted or deemed to have been granted under this Act and a reference to “licensee” or “licence holder”, or “transmission licensee” or “transmission licence holder” in the said Central Act shall be construed accordingly. (4) (a) In respect of matters provided in sections 43A, 45 to 47, 50, 52, 56 to 59 of the Electricity (Supply) Act, 1948, in its application to the State of Gujarat (hereinafter in this sub-section referred to as ”the said Central Act”) to the extent this Act has made specific provisions, the said provisions of the said Central Act shall cease to apply in the State.

(1) The provisions of Chapters IV and V and sections 29, 30, 33, 34, 36, 39, 57, 58 and 59 of the Electricity Regulatory Commissions Act, 1998 shall cease to apply in the State (hereinafter referred to as “the ceased provisions”) and on such cesser, the following consequences shall ensue, namely:-

(i) the Commission established under the ceased provisions and functioning immediately before the date of commencement of this Act (hereinafter called “the said Commission”) shall be deemed to be the Commission established under sub-section (1) of section 3,

(ii) the Chairperson and members of the said Commission holding office immediately before the said date shall respectively be the Chairperson and the members of the Commission,

(iii) the Chairperson and the members shall hold office as such Chairperson and members for the period for which they would have held office under the said Act, subject however to the provisions relating to disqualification, resignation, removal and vacancy provided in this Act,

(iv) all properties, moveable and immovable and assets vesting in the said Commission shall stand transferred to and vest in the Commission,

(v) all rights, liabilities and obligations of the said Commission (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the Commission,

(vi) all sums due to the said Commission shall be recoverable by the Commission, and for the purpose of such recovery, the Commission shall be competent to take such measures which were competent for the said Commission to take subject to all limitations, conditions and rights or interests of any person subsisting immediately before the said date,

(vii) all contracts made with and all instruments executed on behalf of the said Commission shall be deemed to have been made with or by or on behalf of the Commission and shall have effect accordingly,

(viii) all proceedings and matters pending before the said Commission or any authority of the said Commission under the ceased provisions immediately before the said date shall be deemed to be transferred to the Commission or to such authority as the Commission may direct,

(ix) in all suits and legal proceedings pending on the said date in or to which the said Commission was a party, the Commission shall be deemed to be substituted therefore,

(x) all officers and employees of the said Commission shall be the officers and employees of the Commission,

(xi) any reference to the said Commission in any instrument shall unless a different intention appears be construed as a reference to the Commission.

(2) Notwithstanding the cesser of the provisions of the said Act referred to in sub-section (1) but subject to the consequences referred to in the said sub-section (1), anything done or any action taken under the ceased provisions shall be deemed to have been done or taken under the corresponding provisions of this Act.

Without prejudice to the provisions contained in clause (b) of sub-section (3) of section 69, clause (b) of sub-section (4) of that section and sub-sections (1) and (2) of section 70 but subject to consequences referred to in sub-section (2) of section 70, section 7 of the Bombay General Clauses Act, 1904 shall apply in relation to the cesser provided in clause (a) of sub-section (3) of section 69, clause (a) of sub-section (4) of that section and sub-section (1) of section 70 as if such cesser were repeal.

(1) Notwithstanding anything contained in this Act, the powers, rights and functions of Regional Electricity Board, the Central Electricity Authority, the Central Government and Authorities, other than the State Electricity Board and the State Government under the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or rules framed thereunder shall remain unaffected and shall continue to be in force.

(2) Nothing contained in this Act will apply to the Power Grid Corporation, or other bodies or licensees in relation to the inter-State transmission of the electricity or Generation Companies owned or controlled by Central Government or undertaking owned by the Central Government in relation to the generation and sale of electricity to licensees and other persons authorized to engage in the transmission, distribution or supply of electricity in the State.

(3) All decisions and orders of the State Commission made prior to the commencement of this Act shall be valid and binding.