Vidhi Codex

section 10

The exercise by a licensee of any of

The Delhi Electricity Reforms Act, 2000
Infrastructure20005 sections
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Statutory text

Board's rights and powers may be made on such conditions as shall be specified in the transfer scheme including a condition that such rights and powers shall be exercised by the licensee only with the approval of the Commission/Government.

Provisions relating to Personnel. 16. (1) The Government may by a transfer scheme provide for the transfer of

the personnel from the Board to a

company or companies established

as the case may be, under section

14 and distribution companies

(hereinafter referred to as

"transferee company or

companies”) on the vesting of

properties, rights and liabilities in a

company or companies established,

as the case may be, under section

14 or the distribution companies.

  1. (2) Upon such transfers the personnel shall hold office in the transferee company on terms and conditions that may be specified in the transfer scheme subject, however, to the following, namely:- (a)that the terms and conditions of the service applicable to them in the transferee company shall not in any way, be less favourable than or inferior to those applicable to them immediately before the transfer; (b)that the personnel shall have continuity of service in all respects; and (c)that the benefits of service accrued before the transfer shall be fully recognized and taken in account for all purposes including the payment of any and all terminal benefits. Payment of compensation or 17. Notwithstanding anything contained damages on transfer. in the Industrial Disputes Act, 1947 or any other law as is applicable (Central Act 14 of 1947) and except for the provisions made in this Ordinance, the transfer of the employment of the personnel referred to in section 16 shall not entitle such employees to any compensation or damages under this Ordinance, or any other law or under the general law, save as provided in the transfer scheme. Variation of transfers by agreement. 18. (1) The Government may provide that the transfers in terms of sections 15 and 16 shall be provisional for a period of twelve months from the effective date unless confirmed earlier and reserve the right to alter, vary, modify, add or otherwise change the terms in such manner as the Government may consider appropriate.
  2. (2) At any time before the end of the period of twelve months commencing on the effective date, a company or companies established as the case may be, under section 14 or generating company or distribution company or companies, as the case may be, to whom property, interests in property, rights, liabilities and personnel have been transferred, may, with the consent of the Government draw up a transfer scheme to vest some or all the property, rights, liabilities and personnel in another licensee, or generating company subject to the consent of such other licensee or generating company to such vesting and any such transfer scheme shall take effect as if it were a transfer scheme under sections 15. PART-VI LICENSING OF TRANSMISSION AND SUPPLY Licensing 19. (1) No person, other than those authorised to do so by licence or by (Central Act 9 of 1910) virtue of exemption under this (Central Act 54 of 1948) Ordinance or authorised to or exempted by any other authority under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948, shall engage in the National Capital Territory of Delhi in the business of =
    • (a) transmitting electricity; or
  3. (0) supplying electricity including bulk supply.
  4. (2) Where any difference or dispute arises as to whether any person is or is not engaged or about to engage in the business of transmitting or supplying electricity as described in sub-section(1), the matter shall be referred to the Commission and the decision of the Commission shall be final.
  5. (3) The Commission shall have the power to order any unlicensed person to cease operation and disconnect its apparatus. Grant of licences by the 20. (1) The Commission may, on an Commission. application made in such form and on payment of such fee, if any, as it may prescribe, grant a licence authorizing any person to —
    • (a) transmit electricity in a specified area of transmission; or
    • (b) supply electricity in a specified area of supply including bulk supply to licensees or any person.
  6. (2) In respect of the grant of any such licence, the following provisions shall apply — (a)any person applying for a licence shall publish a notice of his application in such manner , and with such particulars as may be prescribed by the Commission within fourteen days after making the application;
    • (b) the Commission shall not grant a licence until- ()all objections received relating to the application for the licence have been considered by the Commission. Provided that no objection shall be considered by the Commission unless it is received within three months of the date of the first publication of the notice under clause (a) above or if the Commission may, at any time prescribe a new time, limit for filing objection; and (ii)in the case of an application for a licence to supply or transmit in an area which includes the whole or any part of any contonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purposes, the Commission has ascertained that there is no objection to the grant of the licence on the part of the Central Government.
    • (c) where an objection is received from any local authority concerned, the Commission shall, if in its opinion the objection is insufficient, record in writing and communicate to such local authority its reasons for such opinion; and
    • (d) no application for a licence shall be made by any local authority except pursuant to a resolution passed at a meeting of such authority held after one month's previous notice of the same specifying the purpose thereof, has been given in the manner in which notices of meetings of such local authority are usually given.
  7. (3) A licence may prescribe the duration, extent to which, and the terms and conditions under which the transmission or supply of energy is to be made and contain such other conditions as the Commission may consider appropriate for achieving the purposes of this ordinance.
  8. (4) Without prejudice to the generality of sub-section(3), conditions included in a licence by virtue of that sub-section may require the licensee to - (a)enter into agreements on specified terms with other persons for the use of any electric lines, electrical plant(s) and associated equipment operated by the licencee; (b)comply with any direction given by the Commission; (c)act in accordance with the terms of the licence; (d)refer all disputes arising under the licence for determination by the Commission; (e)furnish information, documents and details which the Commission may require for its own purpose or for the purposes of the Central Government or the Government or Central Electricity Authority or Central Electricity Regulatory Commission. (Central Act 9 of 1910) (f) comply with the requirements of (Central Act 54 of 1948) the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or the rules framed thereunder in so far as they are (Central Act 9 of 1910) applicable; (Central Act 54 of 1948) (g)undertake such functions and obligations of the Delhi Vidyut Board under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 as the Commission may prescribe; (h)obtain the approval of the Commission of such things that are required under the licence conditions or for deviation from the same; (Central Act 54 of 1948) (i) notify the Commission of any scheme that he proposes to undertake including the schemes in terms of the provisions of the Electricity (Supply) Act, 1948.
    • (j) purchase of the power in an economical manner and under a transparent power purchase procurement process; and
    • (K) supply in bulk to other licensees or to customers.
  9. (5) Without prejudice to the generality of sub-section (3), conditions included in a licence granted by the Commission may require the holder of such a licence to establish a tariff or to calculate its charges from time to time in accordance with the requirements prescribed by the Commission. (Central Act 9 of 1910) (6) The provisions contained in the Schedule to the Indian Electricity Act, 1910 shall be deemed to be incorporated with, and to form part of, every supply licence granted under this Part save in so far as they are expressly varied or excepted by the supply licence and shall, subject to any such additions, variations or exceptions which the Commission is empowered to make having regard to the purposes of this Ordinance, apply to the undertaking authorised by the licence in relation to its activities in the National Capital Territory of Delhi: Provided that where a supply licence is granted by the Commission for the supply of energy to other licensees for distribution by them, then in so far as such licence relates to such supply, the provisions of clauses IV, V, VI, VILVIII and XII of the said Schedule shall not be deemed to be incorporated within the supply licence.
  10. (7) The conditions included in a licence may contain provision for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions.
  11. (8) Any provisions included by virtue of sub-section(7) above in a licence shall have effect in addition to the provision made by sub-section (5) of section 23 and section 24 of this Ordinance with respect to the amendment of the conditions of a licence.
  12. (9) Unless indicated in the terms of a licence, the grant of a licence under this section to a person shall not in any way hinder or restrict the grant of a licence to another person within the same area of supply for a like purpose, the licensee shall not claim any exclusivity.
  13. (10) The licence granted by the Commission in terms of this Ordinance may provide that the licensee shall have the powers and authorities to take appropriate actions for revenue realisation, prosecution for theft, meter tampering, diversion of electricity, and all such and similar matter affecting the distribution and supply of electricity to the consumer. (Central Act 9 of 1910) (11) The Commission shall be entitled to (Central Act 54 of 1948) authorise the licensees and person to exercise such power and authority as the licensees and persons could be given under the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948. Exemptions from the requirement 21. (1) The Commission may by order grant to have a licence. exemption from the requirement to have a supply licence, but subject to compliance with such conditions, if any, as may be specified in the order: Provided that the Commission shall not under any such order, grant any exemption except with the consent
    • (i) of the local authority, if any, constituted in the area where energy is to be supplied;
    • (ii) in any case where energy is to be supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the occupation of the Central Government for defence purposes, of the Central Government;
    • (iii) in any area falling within the area of supply of a licensee, of that licensee: Provided further that except in a case falling under sub-clause (ii), no such consent shall be necessary if the Commission is satisfied that such consent has been unreasonably withheld.
  14. (2) An exemption may be granted — (a to persons of a particular category; or
    • (b) to a particular person; or for a particular period; and an exemption to persons of a particular category or to a particular person shall be © published in such manner as the Commission considers appropriate for bringing it to the attention of that person or persons of that category and of the public in general.
  15. (3) The exemption granted may be revoked by the Commission at any time for reasons to be recorded in writing.
  16. (4) An exemption, unless previously revoked, shall continue in force for such period as may be specified in or determined by or under the exemption.
  17. (5) Every order or exemption made by the Commission under this Ordinance shall be published in the official Gazette. General duties and powers of the 22. (1) It shall be the duty of the holder of a licensees. supply licence or a transmission licence in respect of a particular area to develop and maintain an efficient, coordinated and economical system of electricity supply or transmission in the area of transmission or area of supply as the case may be.
  18. (2) Each licensee and generating company in discharge of its duties shall comply with the provisions of the regulations framed from time to time governing the terms and conditions for the operation and maintenance of power system and electric supply lines. (Central Act 9 of 1910) (3) Subject to sub-section (4) of this section, sections 12 to 19 of the Indian Electricity Act, 1910 (which relate to the carrying out of works) shall have effect in relation to a person authorised by a licence under this Ordinance to transmit or supply electricity, as if he is a licensee in that Act.
  19. (4) Where any of the sections mentioned in sub-section (3) above is applied to a licence holder by his licence, it shall have effect subject to such restrictions, exceptions and conditions as may be included in the licence. Revocation of licences. 23. (1) The Commission may inquire into the conduct or functioning of any licensee in carrying out the obligations under this Ordinance or rules or regulations framed thereunder or the terms and conditions of its licence —
    • (a) upon receiving a complaint from any consumer or consumer association or any trade association; or
    • (b) upon a reference made to it by the Government or by the Central Government, the Central Electricity Authority; or Central Electricity Regulatory Commission;
    • (c) upon receiving a complaint from any company or person involved in the generation, transmission, distribution or supply of electricity; or
    • (d) upon its own knowledge or information derived from any source.
  20. (2) Upon making such inquiry the Commission may, if in its opinion Central Act 9 of 1910) the public interest so requires, revoke a licence in any of the (Central Act 54 of 1948) following cases, namely:- (a)where the licensee, in the opinion of the Commission, has committed a wilful or unreasonable default in doing anything required of him by or under this Ordinance, the Indian Electricity Act, 1910, or the Electricity(Supply) Act, 1948 or rules made thereunder to the extent applicable in the National Capital Territory of Delhi read with the provisions of this Ordinance;
    • (b) where the licensee commits a breach of any of the terms and conditions of his licence the breach of which is expressly declared by such licence to render it liable to revocation;
    • (c) where the licensee fails within the period specified in his licence or any longer period which the Commission may allow by order—
      • (i) to show, to the satisfaction of the Commission, that he is in a position to fully and efficiently discharge the duties and obligations imposed on him by his licence; and (i)to make the deposit or furnish the security required by his licence; and
    • (d) where in the opinion of the Commission the financial position of the licensee is such that he is unable to fully and efficiently discharge the duties and obligations imposed on him by his licence. 3. Notwithstanding the provisions of sub-sections(1) and (2), where in its opinion the public interest so requires, the Commission may, on the application or with the consent of the licensee, and if the licensee is not a local authority, after consulting the local authority concerned, if any, revoke a supply licence as to the whole or any part of the area of supply upon such terms and conditions as it thinks fit. 4. No licence shall be revoked under sub-section (2) or sub-section (3) unless the Commission has given to the licensee not less than three months’ notice in writing, stating the grounds on which it is proposed to revoke the licence and has considered any cause shown by the licensee within the period of that notice, against the proposed revocation and has given reasons for such revocation. 5. The Commission may instead of revoking the licence, permit it to remain in force subject to such further terms and conditions as it thinks fit to impose and any further terms or conditions so imposed shall be binding upon, and be observed by the licensee, and be of like force and effect as if they were contained in the licence. Amendment of licences. 24. (1). The Commission may, where in its opinion the public interest so permits or requires, on the application of the licensee if the licensee is not a local authority, on the application of the local authority concerned or otherwise on its own may make such alternations and amendments to the terms and conditions of a licence as it thinks fit taking into account the objects and purposes of this Ordinance: Provided that no such alternations or amendments, other than an alternation or amendment pursuant to a licence condition referred to in sub-section (7) of section 20 and sub-section (5) of section 23 of this Ordinance shall be made except with the consent of the licensee.
  21. (2) Where the licensee has made an application under sub-section (1) proposing any alternations or amendments in his licence, the following provisions shall apply —
    • (a) the licensee shall publish a notice of the application in the manner and with the particulars as may be prescribed by the Commission,
    • (b) the Commission shall not make any alternations or amendments until all objections received by it with reference to the application within three months from the date of the publication of the notice have been considered; and (c)in the case of an application proposing alternations or amendments in an area of supply comprising the whole or any part of the cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purposes, the Commission shall not make any alternations or amendments except with the consent of the Central Government.
  22. (3) Before making any alternations or amendments in a licence otherwise than on the application of the licensee, the Commission shall publish the proposed alternations or amendments and consider all objections received by it with reference to the proposed alternations or amendments within three months from the date of the publication of the notice. Provisions where licence is 25. (1) Notwithstanding the provisions of revoked. sections 6 and 7 of the Indian Electricity Act, 1910. where the (Central Act 9 of 1910) Commission revokes a licence under sub-section (2) of section 23 of this Ordinance, the following shall apply:-
    • (a) the Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect. On and with effect from that date or on and with effect from the date, if earlier, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the provisions of this Ordinance all the rights, duties, obligations and liabilities of the licensee under this ordinance shall absolutely cease and determine except for any liabilities that have accrued to that date;
    • (b) the Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine terms and conditions of the sale of the undertaking;
    • (c) the Commission may, by notice in writing, require the licensee to sell, and thereupon the licensee shall sell the undertaking to the person whose application has been accepted by the Government, or as the case may be, the Commission. Such person is referred to in this section as the “purchaser”, and (d)the Commission may make such interim arrangement in regard to the undertaking of the licensee for maintaining the electricity transmission and supply as may be considered appropriate including the appointment of administrators and special directors for the undertaking.
  23. (2) Where an undertaking is sold under sub-section(1), the purchaser shall pay to the licensee the purchase price of the undertaking determined in accordance with the application submitted by the purchaser.
  24. (3) Where the Commission issues any notice under sub-section(1) requiring the licensee to sell the undertaking, it may by such notice require the licensee to deliver, and thereupon the licensee shall deliver on a date specified in the notice, the undertaking to the designated purchaser pending the payment of the purchase price of the undertaking: Provided that in any such case, the purchaser shall pay to the licensee interest at such percent exceeding the Reserve Bank lending rate ruling at the time of delivery of the undertaking as the Commission may decide, on the purchase price of the undertaking for the period from the date of delivery of the undertaking to the date of payment of the purchase price. (Central Act 54 of 1948) (4) Where before the date fixed in the (Central Act 9 of 1910) notice issued under clause (a) of sub-section (1) as the date on which the revocation of the licence shall take effect, no notice has been issued to the licensee requiring him to sell the undertaking or where for any reason no sale of the undertaking has been effected under that sub-section , the Government shall acquire the undertaking on the date of revocation of the licence and shall pay to the licensee an amount determined in accordance with sub- sections (1) and (2) of section 7-A of the Indian Electricity Act, 1910 and shall perform all the obligations of the licensee until such time as the Government is able to sell the undertaking to a new licensee, which it shall endeavor to do when reasonably practicable.
  25. (5) The licensee shall duly implement the orders of the Commission, notwithstanding that the licensee may be aggrieved by the orders of the Government or as the case may be, the Commission and intends to take legal action challenging the orders of the Government or the Commission, as the case may be. Restrictions on licensees and 26. (1) No licensee or generating company generating companies shall, at any time, without the previous consent in writing of the Commission, acquire by purchase or otherwise the license or the undertaking or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned, any other licensee or person generating, transmitting , supplying or intending to generate, transmit or supply electricity: Provided that before granting or refusing such consent, the Commission shall hear such person or authority as the Commission may consider appropriate.
  26. (2) The licensee shall not, at any time, assign his licence or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Commission. (Central Act 54 of 1948) (3) The provisions of section 44 of the Electricity (Supply) Act, 1948 shall apply except that the persons to whom the section applies shall be required to obtain the sanctions and consents from the Commission, instead of such sanctions and consents to be obtained from the Board as provided under that section.
  27. (4) A holder of a supply or transmission licence may, unless expressly prohibited by the terms of its licence, enter into arrangements for the purchase of electricity from- a. the holder of a supply liecnce which permits the holder of such licence to supply energy to other licensees for distribution by them ; and b. any person or generating company with the consent of the Commission.
  28. (5) Any agreement relating to any transaction of the nature described in sub-section (1), (2), (3) or (4) unless made with, or subject to such consent as aforesaid, shall be void. Annual accounts of licensee. 27. Every licensee shall, unless expressly exempted by the licence, prepare and render to the Commission, on or before the date in each year specified in the licence, an annual statement or statements of accounts of its undertaking and of each separate business unit as specified in the licence made up to such date, in such form and containing such particulars, as may be set out in the licence. It shall be a term of the licence that such statements shall be published in manner prescribed in the rules. PART-VII TARIFFS Licensee's revenues and tariffs. 28. (1) The holder of each licence granted under this Ordinance shall observe methodologies and procedures specified by the Commission from time to time in calculating the expected revenue from charges which it is permitted to recover pursuant to the terms of its licence and in designing tariffs to collect those revenues.
  29. (2) The Commission shall subject to the provisions of sub-section(3) be entitled to prescribe the terms and conditions for the determination of the licensee's revenues and tariffs by regulations duly published in the official Gazette and in such other manner as the Commission considers appropriate: Provided that in doing so, the Commission shall be guided by the following parameters, namely:- (Central Act 54 of 1948) (a) the financial principles and their application provided in the Sixth Schedule to the Electricity(Supply) Act, 1948 read with sections 57 and 57-A of the said Act;
    • (b) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments and other matters which the Commission considers appropriate keeping in view the salient objects and purposes of the provisions of this Ordinance;
    • (c) the interest of the consumers (Central Act 54 of 1948) (3) Where the Commission departs from the factors specified in the Sixth Schedule of the Electricity (Supply) Act, 1948 while determining the licensee's revenues and tariffs, it shall record the reasons therefor in writing.
  30. (4) Any methodology or procedure specified by the Commission under sub-sections(1),(2) and (3) above, shall be to ensure that the objects and purposes of this Ordinance are duly achieved.
  31. (5) Every licensee shall provide to the Commission at least three months before the ensuing financial year full details of its calculation for that financial year of the expected aggregate revenue from charges which it believes it is permitted to recover pursuant to the terms of its licence and thereafter it shall furnish such further information as the Commission may reasonably require to assess the licensee's calculation. Within ninety days of the date on which the licensee has furnished all the information that the Commission requires, the Commission shall notify the licensee either-
    • (a) that it accepts the licensee's calculation ; or (b)that it does not consider the licensee's calculation to be in accordance with the methodology or procedure in its licence, and such notice to the licensee shall- (i.) specify fully the reasons why the Commission considers that the licensee's calculation does not comply with the methodology or procedures specified in its licence or is in any way incorrect, and (ii.) propose a modification or an alternative calculation of the expected revenue from charges, which the licensee shall accept.
  32. (6) Each holder of a supply licence shall publish in the daily newspaper having circulation in the area of supply and make available to the public on request the tariff or tariffs for the supply of electricity within its licensed area and such tariff or tariffs shall take effect only after seven days from the date of such publication.
  33. (7) Any tariff implemented under this section-
    • (a) shall not show undue preference to any consumer of electricity, but may differentiate according to the consumer's load factor or power factor, the consumer's total consumption of energy during any specified period, or the time at which supply is required;
    • (b) shall be just and reasonable and be such as to promote economic efficiency in the supply and consumption of electricity; and
    • (c) shall satisfy all other relevant provisions of this Ordinance and the conditions of the relevant licence.
  34. (8) No tariff or part of any tariff required by sub-section (6) may be amended more frequently than once in any financial year except in respect of any changes expressly permitted under the terms of any fuel surcharge formula prescribed. At least three months before the proposed date for implementation of any tariff or an amendment to a tariff the licensee shall provide details of the proposed tariff or amendment to a tariff to the Commission, together with such further information as the Commission may require to determine whether the tariff or amended tariff would satisfy the provisions of sub-section (7). If the Commission considers that the proposed tariff or amended tariff of a licensee does not satisfy any of the provisions of sub-section(7), it shall, within sixty days of receipt of all the information which it required, and after consultation with the Commission Advisory Committee and the licensee, notify the licensee that the proposed tariff or amended tariff is unacceptable to the Commission and it shall provide to the licensee an alternative tariff or amended tariff which shall be implemented by the licensee. The licensee shall not amend any tariff unless the amendment has been approved by the Commission. (Central Act 54 of 1948) (9) Notwithstanding anything contained in section 57-A and 57-B of the Electricity (Supply) Act, 1948 no rating committee shall be constituted after the date of this enactment and the Commission shall secure that licensees comply with the provisions of their licences regarding their charges for the sale of electricity (both wholesale and retail) and for the connection to and use of their assets or systems in accordance with the provisions of this Ordinance
  35. (10) In this section-
    • (a) "the expected revenue from charges" means the total revenue which a licensee is expected to recover from charges for the level of forecast supply used in the determination under ~~ sub- section(5) above in any financial year in respect of goods or services supplied to customers pursuant to a licensed activity; and
    • (b) tariff’ means a schedule of standard prices or charges for specified services which are applicable to all such specified services provided to the type or types of customers specified in the tariff. Finances of Licensees. 29. (1) The Government may, with the approval of the Legislative Assembly (Central Act 54 of 1948) of the National Capital Territory Delhi, from time to time make subventions to any licensee for the purpose of this Ordinance or the Electricity(Supply) Act, 1948 for such amounts as may be recommended by the Commission and on such terms and conditions as the Government may determine. (Central Act 54 of 1948) (2) the Government may, from time to time advance loans to any licensee or generating company which for the time being is wholly or partly owned by the Government on such terms and conditions, not inconsistent with the provisions of this Ordinance or the Electricity (Supply) Act, 1948, as the Government may determine.
  36. (3) The Government shall be entitled to inspect and verify the accounts of every licensee or generating company claiming any benefits under sub- section(1) or sub-section (2) PART-VIII POWERS OF COMMISSION TO PASS ORDERS AND ENFORCE DECISIONS Interim orders for securing 30. (1) Where the Commission is satisfied that compliance. a licensee is contravening, or is likely to contravene any relevant condition or requirement, it shall by final order under section 31 and , if it thinks it appropriate in accordance with sub- section (2) by interim order under this section, issue such directions as it deems proper for securing compliance.
  37. (2) In determining whether it is appropriate that an interim order be made, the Commission shall have regard, in particular to-
    • (a) the extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Ordinance;
    • (b) the extent to which any person is likely to sustain loss or damage in consequence of anything which, is likely to be done, or omitted to be done, in contravention of the relevant condition or requirement, before a final order can be made; and
    • (c) the extent to which(having regard to the following provisions of this section) there is any other available remedy in respect of the alleged contravention of a relevant condition or requirement.
  38. (3) If the Commission proposes to make an interim order, it shall give notice to the licensee- @ stating that it proposes to make the order;
    • (b) setting out -
      • (i) the relevant condition or requirement which the proposed order is intended to secure compliance;
      • (ii) the acts or omissions which, in its opinion constitute contravention of that condition or requirement;
      • (iii) the other facts which in its opinion, justify the making of the proposed order; and
      • (iv) the effects of the proposed order;
    • (c) specifying the period (being not less than five days from the date of notice ) within which the licensee may make representations or objections to the proposed order.
  39. (4) Subject to sub-section(5), having considered any representations or objections from the licensee pursuant to clause(c) of sub-section(3), the Commission may make an interim order(which may be modified from the proposed order following the licensee's representations or objections) at any time after the expiry of the period referred to in clause(c) of sub- section(3), if-
    • (a) the Commission has reason to believe that the licensee to whom the order relates has contravened or is contravening or is likely to contravene any relevant condition or requirement; and
    • (b) the provisions made by the order are requisite for the purpose of securing compliance with that condition or requirement.
  40. (5) The Commission may not make an interim order if it is satisfied that licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take to secure or facilitate compliance with the condition or requirement in question.
  41. (6) An interim order-
    • (a) shall require the licensee to whom it relates(according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified.
    • (b) shall take effect from such time, being the earliest practicable time as is determined by the order; and (c)may be revoked, modified or rescinded at any time by the Commission, but in any event shall cease to have effect at the end of such period as is stated in the order unless the Commission is at that time following the procedure set out in section 31 of this Ordinance to declare the interim order to be a final order.
  42. (7) As soon as practicable after making an interim order, the Commission shall-
    • (a) serve a copy of the order on the licensee to whom the order relates;
    • (b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and
    • (c) commence proceedings to declare the interim order to be a final order in accordance with section 31 of this Ordinance. Final orders for securing 31. (1) if the Commission proposes to make a compliance. final order or to declare an interim order to be a final order, the Commission shall give notice -
    • (a) stating that it proposes to make the final order or to declare the interim order to be a final order;
    • (b) setting out the information referred to in clause (b) of sub-section (3) of section 30 of this Ordinance in respect of the proposed final order; and
    • (c) specifying the period (being not less that sixty days from the date of publication of the notice) within which representations or objections to the proposed order may be made;and shall consider any representations or objections that are duly made and not withdrawn. The Commission shall publish notice of such representations or objection and specify a period (being not less than thirty days from the date of publication of the notice ) within which further representations or objections may be made.
  43. (2) A notice under sub-section(1) above shall be given -
    • (a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
    • (b) by serving a copy of the notice, and a copy of the proposed final order on the licensee to whom the order relates.
  44. (3) The Commission shall not modify the proposed final order as a result of any representations or objections received following publication of the notice referred to in sub-section(1) except -
    • (a) with the consent to the modification of the licensee to whom the proposed final order relates, and
    • (b) after complying with the requirements of sub-section(4) below.
  45. (4) The requirements mentioned in sub- section(3) above are that the Commission shall -
    • (a) serve on the licensee to whom the proposed final order relates such notice as appears to the Commission requisite of its proposal to modify the proposed final order, together with details of such modifications; (b)in that notice specify the period (being not less than thirty days from the date of the service of the notice) within which representations or objections to the proposed modifications can be made; and
    • (c) consider any representations or objections which are duly made and not withdrawn within ten days.
  46. (5) The provisions of clauses (a) and (b) of sub-section (6) of section 30 shall apply to final orders.
  47. (6) As soon as practicable after making a final order, the Commission shall with respect to the final order, follow the procedure set out in clauses (a) and
    • (b) of sub-section (7) of section 30.
  48. (7) The Commission may revoke a final order at any time, but before revoking a final order the Commission shall give notice -
    • (a) stating that it proposes to revoke the order and setting out its effect; and
    • (b) specifying the period(being not less than thirty days from the date of delivery of the notice) within which representations or objections to the proposed publication may be made, and shall consider any representations or objection which are duly made and not withdrawn within ten days.
  49. (8) If, after giving a notice under sub- section(7) above, the Commission decides not to revoke the final order to which the notice relates, it shall give notice of its decision to the concerned persons.
  50. (9) A notice under sub-section(7) or sub- section(8) above shall be given by the procedure set out in clauses (a) and
    • (b) of sub-section(7) of section 30. Effect and enforcement of interim 32. (1) Without prejudice to section 52 of this and final orders and emergency Ordinance, all orders and directions, provision. interim or final, passed by the Commission shall be enforceable in law as if it were a decree passed by a Civil Court.
  51. (2) The Commission shall be entitled to take such assistance of the police and other authorities in the National Capital Territory of Delhi as required to effectively enforce the order and direction given by the Commission.
  52. (3) The Commission shall be entitled to give directions for vesting of the management and control of any of the undertakings of the licensee with the assets, interests and rights of the undertaking pending any inquiry and passing of interim or final orders in the matter, if the Commission considers, taking into account the objects and purposes of this Ordinance and the need to maintain continued supply of electricity in an efficient and safe manner to the consumer, it is imminent to pass such orders or directions. Such directions or orders shall not be questioned on the ground that no prior notice of or hearing on the intention to pass the order or direction was given to the licensee. The Commission shall however give opportunity to the licensee and hear the licensee before passing further orders in terms of sections 30 and 31 of this Ordinance. Fines and charges. 33. (1) The Commission shall be entitled to impose such fines and charges as may be prescribed by the Commission in the regulations of non-compliance or violation on the part of the generating companies, licensees or other persons, of the provisions or requirements of this Ordinance or rules and regulations framed thereunder and directions or orders of the Commission shall be made from time to time. The fines which the Commission shall be entitled to impose may extend upto one lakh rupees for an act of non- compliance or violation and a further amount not exceeding six thousand rupees for every day during which the non-compliance or violation continues.
  53. (2) The Commission shall, while making an interim or final order under this part, shall be entitled to direct compensation to be paid by the person guilty of violation or non-compliance as provide in sub-section(1) to the person or persons affected by such violation or non-compliance.
  54. (3) The fines, charges and compensation which may be imposed by the Commission under this section shall be in addition to and not in derogation of any other liability, which the person guilty of violation or non-compliance, may have incurred. General control of the 34. The generating companies shall comply Commission. with the directions of the Commission given to them from time to time in relation to the terms and conditions for the operation and maintenance of the power system and electric supply lines. PART - IX ADVISORY COMMITTEE, CONSUMER CONSULTATION, ETC. Commission 35. (1) The Commission shall constitute a committee to Advisory be known as the Commission Advisory Committee. Committee, in consultation with the Government which shall consist of such number of persons being not less than nine and not more than fifteen as the Commission may appoint after consultation with such representatives or bodies representative of the following interests as the Commission thinks fit, that is to say, holders of supply licences in the National Capital Territory of Delhi, commerce, industry, transport, agriculture, labour employed in the electricity supply industry and consumers of electricity.
  55. (2) The Chairman and member of the Commission shall be ex-officio Chairman and member of the Commission Advisory Committee.
  56. (3) The Commission Advisory Committee shall meet at least once in every three months.
  57. (4) The functions of the Commission Advisory Committee shall be :- a. to advise the Commission on major question of policy related to the electricity industry in the National Capital Territory of Delhi ; and b. to advise the Commission on any matters which the Commission may put before it, including matters relating to the quality, continuity and extent of service provided by licensees and compliance by licensees with the conditions and requirements of their licences. Consumer 36. (1) The Commission may, after consultation with protection; standards of a. holder of supply licences ; performance. b : . other persons or bodies appearing to the Commission to be representatives of persons and categories of persons likely to be affected ; and c. the Commission Advisory Committee, frame regulations prescribing - a. the circumstances in which such licensees are to inform customers of their rights; b. the standards of performance in relation to any duty arising under clause(a) above or otherwise in connection with the electricity supply to the consumer ; and c. the circumstances in which licensees are to be exempted from any requirements of the regulations or this section and may make different provision for different licensees. (Central Act 68 of (2) Nothing in this or other provisions of this 1986) Ordinance shall in any way prejudice or affect the rights and privileges of the consumers under other laws including but not limited to the Consumer Protection Act, 1986. Electricity supply; 37. (1) The Commission may after consultation with the overall licensees, the Commission Advisory Committee, performance and with persons or bodies appearing to it to be standards. representative of persons likely to be affected, from time to time - a. determine such standards of overall performance in connection with the provision of electricity supply services and in connection with the promotion of the efficient use of electricity by consumers as, in its opinion, is economic and ought to be achieved by such licensees; and b. arrange for the publication, in such form and in such manner as it considers appropriate, of the standards so determined.
  58. (2) Different standards may be determined under this section for different licensees. Information with 38 (1) The Commission shall, from time to time, collect respect to levels of information with respect to - performance. a. the fines or penalties levied on licensees under this Ordinance. b. the levels of overall performance achieved by such licensees in connection with the transmission and provision of electricity supply services; and c. the levels of performance achieved by such licensees in connection with the promotion of the efficient use of electricity by consumers.
  59. (2) On or before such date in each year as may be specified in a direction given by the Commission, each licensee shall furnish to the Commission the following information:- a. with respect to each standard prescribed the number of cases in which a penalty was levied and the aggregate amount or value of those penalties; and b. with respect to each standard determined such information with respect to the level of performance achieved by the licensee as may be so specified.
  60. (3) The Commission shall, at least once in every year, arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or furnished to it under this section as may appear to the Commission to be so required. Restriction on 39. (1) Subject to the provisions of this Ordinance, no disclosure of confidential information with respect to any information. particular business which- a. has been obtained by the Commission under or by virtue of any of the provisions of this Ordinance; and b. relates to the affairs of any individual or to any particular business: shall during the lifetime of that individual or for so long as that particular business continues to be carried on, be disclosed by the Commission without the consent of that individual or the person for the time being carrying on that business.
  61. (2) The restriction contained in sub-section(1) above shall not apply to any disclosure of information which is made - a. for the purpose of facilitating the carrying out by the Government of any of its functions under a statute; b. for the purpose of facilitating the carrying out by the Central Government of any of its duties or functions under this Ordinance or any Central legislation; c. for the purpose of facilitating the carrying out by the Comptroller and Auditor General of India of his duties and functions under this Ordinance; d. for the purpose of enabling or assisting any competent person to carry out his functions under the enactment relating to insolvency; e. in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; or f. for the purposes of any civil proceedings brought under or by virtue of this Ordinance or any other law for the time being in force in the National Capital Territory of Delhi to which the information is directly relevant.
  62. (3) The restrictions contained in sub-section(1) above do not apply to the disclosure of any information which is otherwise in the public domain. PART - X ARBITRATION AND APPEALS Arbitration by the 40 (1) Any dispute arising between licensees or in Commission respect of matters provided under section 36 (Central Act 26 of 1996) shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator(s) to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be the same as laid down in the Arbitration and Conciliation Act, 1996.
  63. (2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the commission and the Commission shall be entitled to pass appropriate orders on the award including, orders to- a. Confirm and enforce the award; b. set aside the award;
  64. (3) The award given by the Commission under sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be open to an appeal as provided in this Ordinance.
  65. (4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court. Appeals from Decisions 41. Notwithstanding the provisions of sub- of Electrical Inspectors section(2) of section 36 of the Indian Electricity Act, 1910 in the absence of any express (Central Act 9 0f1910) provision to the contrary in the Indian (Central Act 9 of 1910) Electricity Act, 1910 or the Electricity (Supply) (Central Act 54 of 1948) Act, 1948 or any rule made there under an appeal shall lie from the decision of the Electrical Inspector (other than an Inspector of the Central Government, Central Electricity Authority or the Central Electricity Regulatory Commission) to the Commission or to an arbitrator to be appointed by the Commission in terms of section 40. Appeals against the 42. A person aggrieved by any decision or order of order of the the Commission passed under this Ordinance commission may file an appeal to the High Court of Delhi within ninety days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order. Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. PART -XI OFFENCES AND PENALTIES Penalties for 43. Whoever in contravention of the provision of this contravention of Ordinance or the regulations framed under this section 19. Ordinance or of the provisions of the Indian (Central Act 9 of Electricity Act, 1910 or the Electricity (Supply) 1910) (Central Act Act, 1948 or the rules framed under the said Acts, 54 of 1948) engages in the business of transmission or supply or use of energy, shall be punishable with imprisonment which may extend to three years or with penalty by way of fine which may extend to five lakh rupees, or with both and a further penalty which may extend to twenty thousand rupees for each day after the first during which the offence continues. Penalties for 44. If any licensee or other person refuses or fails contravention of without reasonable excuse to comply with or give other provisions. effect to, any direction, order or requirement made under any of the provisions of this Ordinance, he shall be punishable with imprisonment which may extend to two years, or with penalty by way of fine which may extend to five lakh rupees, or with both and a further penalty which may extend to twenty thousand rupees for each day after the first during which the offence continues. Offences by 45. (1) where an offence under this Ordinance has been companies. committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub- section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
  66. (2) Notwithstanding anything contained in sub- section(1), where as offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manage, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation - For the purpose of this section - a. "Company" means a body corporate and includes a firm or other association of individuals; and b. "director" in relation to a firm, means a partner in the firm. Power to 46. The Commission may, for reasons to be recorded compound in writing, either before or after the institution of offences. proceedings compound any offence relating to contravention of any order made by it. Cognizance of 47. (1) No Court shall take cognizance of any offence offences. punishable under this Ordinance except upon a complaint in writing made by the Commission or by any other officer of the Commission generally or specially authorised by the Commission for the purpose and no court other than that of a Metropolitan Magistrate or a Court superior thereto shall try any such offence. Central Act 2 of (2). Notwithstanding anything contained in the Code 1974 of Criminal procedure, 1973 (2 of 1974), the Court may, if it sees reason so to do, dispense with the personal attendance of the officer of the Commission filing the complaint. Penalties and 48. The proceedings and actions under this proceedings not Ordinance against a person contravening the to prejudice other provisions of this Ordinance or orders passed by actions. the Commission shall be in addition to and (Central Act 9 of without prejudice to actions that may be initiated 1910) under other Acts including and in particular, (Central Act 54 of under the Indian Electricity Act, 1910 and the 1948) Electricity(Supply) Act, 1948. PART - XII ACCOUNTS, AUDIT AND REPORT OF THE COMMISSION Grant by the 49. The Government shall after due appropriation Government. made by the Legislative Assembly of the National Capital Territory of Delhi by law in this behalf, pay to the Commission by way of grant such sums of money as the Government may think fit for being utilized for the purposes of this Act: Provided that the expenditure in respect of salaries and allowances of the Chairperson and other members shall be charged on the Consolidated Fund of the National Capital Territory of Delhi. Accounts and 50. (1) the Commission shall maintain accounts and other Audit. records and shall cause to be prepared an annual statement of accounts in such form as may be prescribed.
  67. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India, or by any officer authorised by him in this behalf.
  68. (3) The copies of annual statement of accounts of the Commission together with the audit report thereon shall be forwarded to the Government.
  69. (4) A copy of the annual statement of accounts of the Commission together with the audit report thereon received by the Government under sub-section (3) shall be laid before the House of the Legislative Assembly of the National Capital Territory of Delhi. Annual report of 51. The Commission shall prepare, in such form and at the Commission. such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and copies thereof shall be forwarded to the Government. PART - XIII MISCELLANEOUS Recovery of fees, 52. The Commission shall be entitled to recover all fines and charges 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 53. The Commission or Court imposing the fine and and charges 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 54. The licensee, generating companies and others fines or penalties on whom the fines, charges , penalties, etc. are imposed to be imposed under this Act shall not, directly or passed on. indirectly, pass the same to the consumers in the form of tariff or charges payable. Protection of 55. No suit or legal proceedings shall lie against the action taken in Commission or the Chairperson or members of good faith. 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. 56. No order or proposal made under this Act or (Central Act 26 of rules or regulations framed under this Act shall 1996) 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 57. (1) If any difficulty arises in giving effect to the difficulties. 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.
  70. (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 58. All proceedings before the Commission shall be before the deemed to be judicial proceedings within the Commission to be meaning of sections 193, 219 and 228 of the judicial Indian Penal Code and the Commission shall be proceedings. deemed to be a Civil Court for the purpose of section 195 and Chapter XXVI of the Code of (Central Act 45 of Criminal Procedure, 1973. 1860) (Central Act 2 of 1974) Members, officers 59. The Chairperson, members, officers and other and employees of employees of the Commission appointed for Commission to be carrying out the objects and purposes of this Act public servants. shall be deemed, when acting or purporting to act in pursuance of any provisions of this Act, to (Central Act 45 of be public servants within the meaning of section 1860) 21 of the Indian Penal Code, 1860. Power to make 60. (1) The Government may, by notification in the rules official Gazette, make rules to carry out the purposes of this Act.
  71. (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 procedure to be adopted by the selection committee for discharge of functions under this Act; b. 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; c. 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; d. 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; e. prescribing the form in which annual statements of accounts is to be prepared by the Commission; f. prescribing the form and the time within which the annual report of the Commission shall be furnished to the Government ; g. the preparation and implementation of the transfer scheme, the transfer of assets, liabilittes and personnel of generating companies, licensees and others in the National Capital Territory of Delhi; h. 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 61. (1) The Commission may by notification in the official regulations. Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
  72. (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:- a. 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. b. 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; c. 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; d. the procedure for licensing of transmission and supply, the conditions for the grant of licences 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; e. the duties, powers, rights and obligations of the licensee; f. 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; g. method and manner of determination of licensee's revenues, tariff fixation, the matters to be considered in such determination and fixation; h. the constitution of the Commission Advisory Committee; i. to make regulations governing the terms and conditions for the operation and maintenance of power system and electric supply lines; j. 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; k. 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; 1. to prescribe the form and manner in which the accounts of the Commission shall be maintained; m. 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; n. 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 62 Every rule made by the Government and every regulations to be regulation made by the Commission under this laid before the Act shall be laid , as soon as may be after it is Legislative made, before the House of the Legislative Assembly. 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. PART - XIV EFFECT ON EXISTING CENTRAL LEGISLATION Effect of the Act on the 63. (1) Except as provided in Indian Electricity Act 1910 section 63 of this Ordinance, and the Electricity (Supply) the provisions of this Act, 1948. Ordinance, notwithstanding that the same are (Central Act 9 of 1910) inconsistent with or contrary Central Act 54 of 1948) to the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 shall prevail in the manner and to the extent provided in sub-section (3) (Central Act 9 of 1910) (2) Subject to sub-section (1) in (Central Act 54 of 1948) respect of all matters in the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948, with which the Delhi Vidyut Board has been concerned or dealing with, upon the constitution of the Commission the functions of the Board shall be discharged by the Commission and the companies established under section 14: (Central Act 9 of 1910) Provided that - (Central Act 54 of 1948) a. the Government shall be entitled to issue all policy directives and undertake overall planning and (Central Act 9 of 1910) coordination as Central Act 54 of 1948) specified in section 12 of this Ordinance and to this extent the powers and functions of the Delhi Vidyut Board as per the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply ) Act, 1948 or rules thereunder shall vest in the Government and the Government shall coordinate and deal with the Central Government and the Central Electricity Authority. b. In respect of such matters as the Commission directs in term of a general or special order, or in the regulations or in the licence, as the case may be, the generating company or companies, the licensees or other body corporate as may be designated by the Commission shall discharge the functions of the Board under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 to the extent directed by the Commission or specified in licences. (Central Act 9 of 1910) (3) Subject to sub-section (1) Central Act 54 of 1948) and sub-section (2) of this section, upon the establishment of the Commission the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 shall, in so far as the National Capital Territory of Delhi is concerned, shall be read subject to the following modifications and reservations, namely:- The Indian Electricity Act, 1910[Central Act 9 of The Electricity (Supply) Act. 1910 1948[Central Act 54 of 1948] The Indian Electricity Act, 1910 (Central Act 9 Of i) All references to State Electricity Board in the Indian 1910) Electricity Act, 1910 in so far as the National Capital Territory of Delhi is concerned shall be read as references to the Delhi Electricity Regulatory Commission or the companies established under section 14 or other licensees or wherever it relates to general policy matters, to the Government. (Central Act 9 Of (ii) In respect of matters provided in sections 3 to 11, 28, 1910) 36(2), 49-A, and 50 and 51 of the Indian Electricity Act, 1910, to the extent this Ordinance has made specific provisions, the provisions of the Indian Electricity Act 1910 shall not apply in the National Capital Territory of Delhi. (Central Act 9 Of (iii) The provisions of all other sections of the Indian 1910) Electricity Act, 1910 shall apply except that:- a. the term “licence”, licensee” , ‘licence holder" shall have the meanings as defined under this Ordinance and the licences shall be construed as having been issued under (Central Act 9 Of this Ordinance; 1910) b. the reference to the sections of the Indian (Central Act 9 Of Electricity Act, 1910 and the Electricity 1948) (Supply) Act, 1948 in the provisions of the Indian Electricity Act, 1910 shall be taken as reference to the corresponding provisions of this Ordinance to the extent modified by this Ordinance; c. the reference to arbitration in these provisions except where it is by the Central Electricity Authority or the Central Electricity Regulatory Commission shall be taken as reference to the proceedings under section 40 of this Ordinance and the arbitration procedure prescribed under the Indian Electricity Act, 1910 shall not apply.
    • (iv) The Schedules to the Indian Electricity Act, 1910 shall be applicable only with reference to the provisions in this Act wherein the applications of the Schedules are specified and not otherwise. The Electricity (Supply) Act, 1948 (Central Act 54 of (v) All references to State Electricity Board in the Electricity 1948) (Supply) Act, 1948 in so far as the National Capital Territory of Delhi is concerned shall be read as references to the Delhi Electricity Regulatory Commission or the companies established under section 14 or other licensees or where it relates to general policy matters, to the Government.
    • (vi) In respect of matters provided in sections 5 to 18, 19, 20, 23 to 27, 37, 40 to 45, 46 to 54, 56 to 69, 72 and 75 to 83 of the Electricity (Supply) Act, 1948, to the extent this Ordinance has made specific provisions, the provisions of the Electricity (Supply) Act, 1948 shall not apply in the National Capital Territory of Delhi.
    • (vii) The provisions of all other sections of the Electricity (Supply) Act, 1948 shall apply except that — a. the term "licence" "licensee" "licence holder" shall have the meanings as defined under this Ordinance and the licences shall be construed as having been issued under this Ordinance; b. the references to the sections of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 in the provisions of the electricity (Supply) Act, 1948 shall be taken as reference to the corresponding provisions of the Ordinance to the extent modified by this Ordinance; c. the reference to arbitration in these provisions except where it is by the Central Electricity Authority shall be taken as reference to the proceedings under section 40 of this Ordinance and the arbitration procedure prescribed under the Electricity (Supply) Act, 1948 shall not apply.
    • (viii) The provisions of sections 72 and 73 of the Electricity (Supply) Act, 1948 shall be restricted to generating companies and references to the State Electricity Board in these sections shall stand omitted. Savings. 64. 1. Notwithstanding anything contained in this Ordinance, the powers, rights and functions of Regional Electricity Authority, the Central Electricity Authority, the Central Electricity Regulatory ~~ Commission, the Central Government and authorities, other than the Delhi Vidyut 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 Ordinance shall apply to the power Grid Corporation, National Thermal Power Corporation or other bodies or licensees in relation to the inter-state transmission of the electricity or generating companies owned or controlled by Central Government or undertaking owned by the Central Government. (S.R MAHESHWARI) UNDER SECRETARY (LAW & JUSTICE) DELHI

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