Amendment status not verified — confirm the current text below against the official source.
(1) Except as provided in section 63 of this Act, the provisions of this Act, notwithstanding that the same are inconsistent with or contrary 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) (2) Subject to sub-section (1) in 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. Provided that - (a) the Government shall be entitled to issue all policy directives and undertake overall planning and coordination as specified in section 12 of this Act 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. (3) Subject to sub-section (1) 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 (i) All references to State Electricity Board in the Indian 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. (ii) In respect of matters provided in sections 3 to 11, 28, 36(2), 49-A, and 50 and 51 of the Indian Electricity Act, 1910, to the extent this Act has made specific provisions, the provisions of the Indian Electricity Act 1910 shall not apply in the National Capital Territory of Delhi. (iii) The provisions of all other sections of the Indian Electricity Act, 1910 shall apply except that:- 42 (a) the term “licence”, “licensee” , “licence holder” shall have the meanings as defined under this Act and the licences shall be construed as having been issued under this Act; (b) the reference to the sections of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 in the provisions of the Indian Electricity Act, 1910 shall be taken as reference to the corresponding provisions of this Act to the extent modified by this Act; (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 Act 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 (v) All references to State Electricity Board in the Electricity (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 Act 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 Act and the licences shall be construed as having been issued under this Act; (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 Act to the extent modified by this Act; (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 Act 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.