Effect of the Act on 14 of 1998

(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.