CHAPTER XIII

MISCELLANEOUS

Recovery of fees fines and charges.

46. The Commission shall be entitled to recover all sums due to it under this Act whether by way of licence fees, fines or charges, in accordance with the provisions of the Orissa Public Demands Recovery Act, 1962 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.

Orissa Act 1 of 1962

Application of fine and charges.

47. 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.

No part of fines or penalties imposed to be passed on.

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

Protection of action taken in good faith.

49. No suit or legal proceedings shall lie against the Commission or the Chairman or other 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 he done under this Act or any rule or regulations or order made thereunder.

Bar of jurisdiction.

50. No order or proposal made under this Act or rules or regulations framed under this Act shall be appealable except as provided in this Act and no Civil Court including under the Arbitration Act, 1940 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 to determine.

10 of 1940

Power to remove difficulties.

51.(1) 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 Gazette, make such provision not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as possible after it is made, be laid before the State Legislature.

Proceedings before the Commission to be judicial proceedings.

52. All proceedings before the Commission shall he deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code and the Commission shall he deemed lo be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Members and staff of Commission to be public servants.

53. Chairman. other members and officers and other employees of the Commission appointed for carrying out the objects and purposes of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

45 of 1860

Power to make regulations.

54 (1) The Commission shall have power to frame regulations for the efficient performance of its functions under this Act by notification in the Gazette

(2) In particular, but without prejudice to the generality of the provisions of sub-section (1), such regulations may provide for all or any of the following matters, namely:

1. the administration of the affairs of the Commission the exercise of its administrative, quasi-judicial and Judicial powers including arbitration and procedure, the summoning and holding of meeting of the Commission, the times and places at which such meetings shall be held and the conduct of the business thereat;

2. the duties of the Secretary, officers and employees of the Commission;

3. determination of the functions to be assigned to licensees and others involved in the generation, purchase, transmission, distribution and supply of electricity, the manner in which such functions shall be discharged and the procedures and codes to be adopted and enforced in regard to the operation and maintenance of power system and electric supply lines;

4. the procedure for licensing of transmission and supply, the conditions for the grant of licences, the particulars, details and documents to be made available by the persons applying for licences, the standards and general conditions subject to which the licence shall be granted, the exemptions from grant of licences, the revocation and amendment of licences and the effect thereof and all matters related thereto;

5. the duties, powers, rights and obligations of licensees;

6. the particulars to be furnished, the collection of information, details, particulars, documents, accounts, books 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;

7. method and manner of determination of licensee's revenues, tariff fixation the matters to be considered in such determination and fixation;

8. the constitution of the Commission Advisory Committee;

9. the determination of the standard of performance of the persons involved in the generation, transmission, distribution and supply of electricity in the State;

10. 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;

11. to prescribe the form and manner in which the accounts of the Commission shall be maintained; and

12. any other matter which is required to be, or may be. prescribed by regulations.

Power to make rules.

55. (1) The State Government may. by notification, make rules to carry out its functions under the provisions of the Act.

(2) In particular but without prejudice to the generality of the power contained in sub-section (1), such rules may provide for all or any of the following matters. namely:

1. the procedure to be adopted by the selection committee for discharge of its functions under the Act;

2. the preparation and implementation of the transfer schemes. the transfer of assets to generating companies, licensees and others in the State;

3. the financing, funding and giving of guarantee to persons involved in the generation, transmission, distribution and supply of electricity in the State; and

4. any other matters which is required to be or may be, prescribed by rules.

Rules and regulations to be laid.

56. Every rule and regulation made under this Act shall as soon as may be after it is made, be laid before the State Legislature for a total period of Fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes modifications if any, therein, the rule or regulation shall. thereafter, have effect only in such modified form. so, however that such modification shall he without prejudice to the validity of anything previously done under that rule or regulation.