Chapter XIII MISCELLANEOUS

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 Madhya Pradesh Public Money (Recovery of Dues) Act, 1987 (No. 1 of 1988), 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.

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.

The licensee, generating companies and others on whom the fines, charges or penalties are imposed under this Acts shall not, directly or indirectly, pass the same to the consumers in the form of tariff or charges payable.

No order or decision made under this Act or rules or regulations framed thereunder shall be appealable except as provided in the Act and no Civil Court including any Court or Tribunal under any Arbitration Law for the time being in force shall have jurisdiction in respect of any matter which the Commission under the Act is empowered by or under this Act.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made thereunder, the State 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 to be necessary or expedient for removing the difficulty.

Power to make regulations.

1. (1) The Commission may, make regulations, by notification, in the Official Gazette, for the proper performance of its functions under this Act.
2. (2) In particular, and without prejudice to the generality of the forgoing provisions and matters specifically provided for in this Act, such regulations may provide for all or any of the following matters namely:-
   • (a) the administration of the affairs of the Commission including the exercise of its administrative, quasi-judicial and judicial powers, arbitration and procedure, summoning and holding of the meeting of the Commission, the times and places at which such meetings shall be held and the conduct of the business of the Commission;
   • (b) the duties of the secretary, officers and employees of the Commission;
   • (c) determination of the functions to be assigned to licensees and to person exempted under section 16 of this Act and others involved in the generation, purchase, transmission, distribution and supply, the manner in which such functions shall be discharged and the procedure and code to be adopted in regard to power system and electric supply lines, determination of the conditions to be complied with by such persons and other matters related thereto;
   • (d) the procedure for licensing of transmission, sub-transmission, distribution and supply, the conditions for the grant of licences and particulars and documents to be made available by the persons applying for the licence, the standard and general conditions subject to which the licence shall be granted, the exemption from grant of licence, revocation and amendment and effect therof, of the licence, and all matters related to the above;
   • (e) the duties, powers, rights and obligations of the licensee;
   • (f) the particulars to be furnished, the collection of information, accounts and books from the persons involved in the generation, transmission, distribution, supply and use of electricity, the form and manner in which the same are to furnished and enforcing and compelling the production of the same;
   • (g) method and manner of determination of licensee’s revenues, tariff fixation, the matters to be considered in such determination and fixation;
   • (h) the power purchase and procurement process to be followed by the licensees;
     • (i) the constitution of the State Advisory Committee;
   • (j) the determination of the codes of conduct and standard of performance of the persons involved in the generation, transmission, sub-transmission, distribution, supply and use of electricity in the State;
   • (k) the amount of fines and charges to be imposed for violation of provisions of this Act including the method and manner of imposition of fines and charges and collection of the same;
   • (l) the amount of fees and charges payable;
   • (m) to prescribe the form and manner in which the accounts of the Commission shall be maintained;
   • (n) to regulate the operation and maintenance of the Power System and electric supply lines;
   • (o) to regulate the properties, assets and interest in the properties used for or in connection with the electricity industry in the state; and
   • (p) any other matter which is required to be prescribed by regulation under for the provisions of this Act.

Power to make rules.

1. (1) The State Government may, by notification, make rules to carry out the purposes of the Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power and matters specifically provided for in this Act, such rule may provide for all or any of the following matters, namely:-
   • (a) the procedure to be adopted by the selection committee for discharge of functions under the Act;
   • (b) the salaries and allowances payable to members and other terms and conditions of service applicable to members; and
   • (c) the preparation and implementation of the transfer schemes, the transfer of assets, liabilities and personnel to effect the reorganistion of the Board.
3. (3) Every rule made under this section shall be laid, as soon as may be after it is made, on the table of the State Legislative Assembly.

Members and Staff of Commission to be public servants.

1. (1) The Chairperson, members, officers and other employees of the Commission shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be Public servants within the meaning of Section21 of the Indian Penal Code, 1860(No.45 of 1860).
2. (2) No suit or legal proceedings shall lie against the Commission 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 rules or regulations or order made thereunder.

All proceedings before the Commission shall be deemed to be deemed to be judicial proceeding within the meaning of Sections 193,219 and 288 of the Indian Penal Code (45 of 1860) and The Commission shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Act 2 of 1974).