The Haryana Electricity Reform Act, 1997
haryana · 1998
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Haryana Electricity Reform Act, 1997
- S. 2This Act came into force with effect from the 14th August, 1997 vide Haryana Government, Power Department Notification N
- S. 3Establishes the Haryana Electricity Regulatory Commission and outlines its members' appointment and succession.
- S. 4Section 4 establishes a selection committee to choose members for the Haryana Electricity Reform Commission, outlining its composition and selection process.
- S. 5Section 5 outlines the qualifications and disqualifications for members of the Haryana Electricity Reform Commission.
- S. 6Section 6 details the term, eligibility, and conditions of service for members of the Haryana Electricity Reform Commission.
- S. 7Section 7 allows the Governor to remove Commission members for insolvency, moral turpitude, incapacity, neglect, or failure to meet appointment conditions, after High Court investigation.
- S. 8(1) The Commission shall appoint a person as Secretary of the Commission to assist the Commission to discharge its funct
- S. 9Section 9 outlines the Commission's headquarters, powers to frame regulations, decision-making process, quorum, meeting procedures, and requirement for written decisions.
- S. 10Section 10 grants the Haryana Electricity Reform Act's Commission powers equivalent to a Civil Court to conduct inquiries and proceedings.
- S. 11Section 11 outlines the functions of the Commission to regulate and oversee electricity generation, transmission, distribution, and supply in Haryana.
- S. 12Section 12 empowers the State Government to issue policy directions on electricity matters, including tariff structure, while disputes over policy directions are referred to the Central Electricity Authority.
- S. 13Section 13 mandates the incorporation of Transco as the Transmission Corporation of Haryana Limited and outlines its functions in electricity transmission and coordination.
- S. 14Section 14 prohibits unauthorized persons from transmitting or supplying electricity in Haryana, with exceptions and licensing powers.
- S. 15Section 15 authorizes the Commission to grant licenses for electricity transmission and supply, with specific application and objection procedures.
- S. 16Section 16 allows the Commission to exempt certain entities from needing a supply license, subject to various governmental consents and conditions.
- S. 17Section 17 mandates licensees to develop efficient electricity systems and comply with regulations, with certain provisions from the Indian Electricity Act applying.
- S. 18Section 18 empowers the Commission to investigate licensees' conduct and revoke licenses for defaults, breaches, or failure to meet obligations.
- S. 19Section 19 allows the Haryana Electricity Reform Act's Commission to amend licensee terms if public interest permits, with licensee consent except for specific conditions.
- S. 20Section 20 details procedures for the Haryana Electricity Commission to revoke a license, sell the licensee's undertaking, and manage the transition.
- S. 21Section 21 restricts licensees and Generating Companies from acquiring or transferring their licenses without the Commission's written consent.
- S. 22Section 22 mandates licensees to prepare and publish annual financial statements as specified in their license.
- S. 23Section 23 transfers the Board's assets and liabilities to the State Government, which then reassigns them to successor companies under a published transfer scheme.
- S. 24Section 24 allows the Haryana State Government to transfer employees to electricity companies under terms no less favorable than before.
- S. 25Section 25 allows the State Government to modify terms of electricity transfers and permits further transfers with consent.
- S. 26Section 26 mandates licensees to follow Commission-specified methodologies for revenue calculation and tariff design, with the Commission setting terms and conditions for revenues and tariffs.
- S. 27Section 27 allows the Haryana State Government to provide subventions, loans, and guarantees to electricity licensees and generating companies, subject to legislative approval.
- S. 28Section 28 allows the Commission to issue interim orders to secure compliance when a licensee is likely to violate conditions or requirements.
- S. 29Section 29 outlines the process for the Commission to issue final or interim orders in electricity reform, including notice publication and objection consideration.
- S. 30Section 30 makes the Commission's orders enforceable as court decrees and allows it to use police and other state authorities to enforce them.
- S. 31Section 31 empowers the Commission to impose fines and charges for non-compliance with the Act, up to Rs. 1,00,000, and additional daily fines.
- S. 31ASection 31A mandates generating companies to follow Commission regulations for power system operation and treats all electricity-related assets as special properties subject to Commission control.
- S. 32Section 32 establishes a Commission Advisory Committee to advise the Commission on electricity industry policies and service quality.
- S. 33Section 33 allows the Commission to create regulations for licensees' customer rights, performance standards, and exemptions.
- S. 34Section 34 allows the Haryana Electricity Reform Act's Commission to set and publish economic performance standards for electricity supply licensees.
- S. 35Section 35 mandates the Commission to collect and publish information on licensees' penalties, performance levels, and efficiency promotion in electricity services.
- S. 36Section 36 prohibits the Haryana Electricity Commission from disclosing confidential business information without consent, except in specific legal or governmental contexts.
- S. 37(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996 (No
- S. 38Section 38 allows appeals from Electrical Inspector decisions to the Haryana Electricity Reform Act Commission or an arbitrator appointed by it.
- S. 39Section 39 allows appeals to the High Court of Punjab and Haryana against Commission decisions within 90 days, with possible extensions.
- S. 40Section penalizes unauthorized energy transmission, supply, or use with imprisonment, fines, and daily additional penalties.
- S. 41Section 41 imposes penalties for non-compliance with directions under the Haryana Electricity Reform Act, including imprisonment, fines, and daily additional penalties.
- S. 42Section 42 makes company officers liable for offenses committed by the company, unless they prove lack of knowledge or due diligence.
- S. 43Section 43 allows the Commission to settle any offense related to its orders without formal proceedings.
- S. 44Section 44 specifies that only the Commission can file complaints for offenses under the Haryana Electricity Reform Act, and certain courts can try these offenses.
- S. 45Section 45 allows additional proceedings under this Act without affecting other legal actions for electricity violations.
- S. 46Section 46 allows the Commission to recover dues under the Act via the Dues Recovery Act, treating them as public demands.
- S. 47Section 47 allows fines imposed under the Haryana Electricity Reform Act to be used for legal proceeding costs.
- S. 48The licensee, Generating Companies and others on whom the fines, charges, penalties etc
- S. 49Section 49 protects the Commission and its officials from lawsuits for actions taken in good faith under the Act.
- S. 50Section 50 specifies that no orders or proposals under the Haryana Electricity Reform Act are appealable except as specified, and civil courts lack jurisdiction over such matters.
- S. 51The section allows the State Government to issue orders to resolve difficulties in implementing the Act and requires these orders to be presented to the State Legislature.
- S. 52Section 52 treats proceedings before the Haryana Electricity Reform Act's Commission as judicial proceedings under the Indian Penal Code and Code of Criminal Procedure.
- S. 53Section 53 designates Commission members and staff as public servants under the Indian Penal Code.
- S. 54Section 54 empowers the Haryana Electricity Reform Act's Commission to regulate its functions, including administrative, licensing, and operational procedures.
- S. 55(1) The State Government may, by notification make rules to carry out its functions under the provisions of the Act
- S. 56Section 56 makes Haryana's Electricity Reform Act prevail over conflicting provisions in older Indian electricity laws.
- S. 57Section 57 preserves existing powers and functions of central authorities and excludes certain entities from the Act's provisions.
- S. 1948ELECTRICITY REFORM [1998 : Hr