Chapter XII MISCELLANEOUS

The fees, fines, charges and such other sums due to the Commission under this Act shall be recoverable as arrears of land revenue.

The Commission or the Court imposing fine under this Act may direct that the whole or any part thereof shall be applied towards payment of the costs of the proceedings.

All proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code.

All members and officers and employees of the Commission and members of Selection Committee and the search committee shall when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder, be deemed to be a public servant within the meaning of section 21 of Indian Penal Code.

No suit, prosecution or other legal proceedings shall lie against the Commission or Selection Committee or the search committee, any member, officer or employee of the Commission or Selection Committee for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or rules or regulations made thereunder.

The State Government may give directions not inconsistent with the provisions of this Act to the Commission on matters of policy and of public interest including the matters relating to planning and co-ordination of the development of the electricity industry and the Commission shall comply with such directions:

Provided that the State Government shall not give any directions to the Commission in respect of fixation of tariff.

(1) The State Government may, by notification in the Official Gazette make rules for carrying 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:-

(a) the salaries and allowances payable to and other conditions of service of members of Commission under sub-section (4) of section 7;

(b) the form and manner in which and the authority before whom the oath of office and secrecy shall be subscribed by the Chairperson and members under section 8;

(c) the period of notice of resignation to be given in writing under sub-section (3) of section 10;

(d) the form of application for grant of sanction to engage in the business or activity of transmission, distribution or supply of electricity and the fees to be paid therefor under section 27;

(e) the form and manner in which the information relating to establishment, acquisition, extension, or replacement of a generating station is to be furnished to the State Government under section 31;

(f) the form in which and the time at which the Commission shall prepare its budget under section 46 ;

(g) the form in which annual statement of accounts shall be prepared by the Commission under sub-section (1) of section 47;

(h) the form in which and the time at which the Commission shall prepare the annual report under sub-section (1) of section 48;

(i) the value of court fee stamp which an appeal shall bear under sub-section (5) of section 50;

(j) any other matter which is to be, or may be, prescribed under this Act.

(3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to the rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.

(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

(1) The Commission may by notification in the Official Gazette, make regulations not inconsistent with the Act and the rules made thereunder, for enabling it to discharge its functions under this Act.

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

(a) the rules of procedure to be followed by the Commission in regard to the transaction of its business at meetings under sub-section (1) of section 12;

(b) the manner of recruitment of, the salary and allowances payable to and other conditions of service of the Secretary , officers and other employees of the Commission, under sub-section (2) of section 13 ;

(c) the terms and conditions on which consultants may be appointed under section 14;

(d) any other matter in respect of which the Commission shall have the powers of a civil court;

(e) the form of application for grant of a licence and fees to be paid therefore, under sub-section (1) of section 20;

(f) the time within which, the manner in which and the particulars with which the notice of the application shall be published under sub-clause (ii) of clause (a) of sub-section (2) of section 20 and the period not less than a month before the expiration of which objections if any, received are to be considered under proviso to sub-clause (i) of clause (b) of sub-section (2) of section 20;

(g) the conditions to be included in a licence under clause (b) of sub-section (3) of section 20;

(h) functions and obligations of the Board under the Electricity Act, 1910 and the Electricity (Supply) Act, 1948 to be undertaken by a licensee, under sub-clause (iv) of clause (b) of sub-section (3) of section 20 ;

(i) the manner in which and particulars with which notice of application proposing an amendment in the licence is to be published under clause (a) of sub-section (2) of section 22;

(j) the manner in which and particulars with which proposed amendments in licence otherwise than on application are to be published under sub-section (3) of section 22;

(k) governing the power purchase and procurement process under clause (b) of sub-section (3) of section 25;

(l) the conditions subject to the compliance of which exemption to any person from the requirement of a licence shall be granted under sub-section (1) of section 26 and the guidelines under sub-section (3) of the said section 26 having regard to which exemption shall be granted;

(m) terms and conditions for fixation of tariff to be charged by the licensee under sub-section (2) of section 32;

(n) the time at which and the manner in which the licensee shall provide the Commission the information under sub-section (6) of section 32.

(o) imposition of fines and charges under sub-section (1) of section 39;

(p) the circumstances in which licensees shall inform consumers of electricity of their rights in relation to supply of electricity and compensation to be paid for delay or default in supplying electricity to consumers on the part of the licensees under section 43; and

(q) the practice and procedure to be followed in connection with adjudication and settlement under clause (c) of sub-section (1) of section 49.

(3) In making regulations under this section, the Commission may direct that a breach thereof shall be punishable with fine not exceeding five lakhs rupees and when the breach is a continuing one, with fine not exceeding twenty thousand rupees for every day during which the breach continues after conviction for first breach.

(4) All regulations made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made.

If any difficulty arises in giving effect to the provisions of this Act , the State Government may by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

In the Indian Electricity Act, 1910 in its application to the State of Gujarat, in section 36, after sub-section (2), the following sub-section shall be added, namely:-

“(3) Notwithstanding anything to the contrary contained in sub-section (2) or any other provision of this Act, an appeal shall lie from the decision of the electrical inspector appointed by the State Government to the Gujarat Electricity Regulatory Commission referred to in section 3 of the Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003.”.

In the Electricity (Supply) Act, 1948 in its application to the State of Gujarat-

(1) in section 5-

(a) for sub-section (2), the following shall be substituted, namely:-

“(2) The Board shall consist of such number of members not less than three but not more than ten as the State Government may, from time to time by notification in the Official Gazette, specify.” ;

(b) for sub-section (5), the following sub-section shall be substituted, namely:- “(5) The State Government may, from time to time, by notification in the Official Gazette, designate the members of the Board as Chairman, Vice-Chairman, Chief Executive Officer and full time members and prescribe the functions to be discharged by such members.”;

(2) in section 44-

(a) for the word “Board” wherever it occurs, the word “Commission” shall be substituted;

(b) after sub-section (2A), the following sub-section shall be inserted, namely:-

“(2B) Where the Commission is of the opinion that the grant of consent under sub-section (1) is likely to adversely affect the operation of the Power System or development of electricity industry in the State or is not in public interest, it may refuse to give consent.”.