The Haryana Electricity Reforms Act, 1997 (10 of 1998)
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. 3Section establishes the Haryana Electricity Regulatory Commission, its members, and the process for appointing and determining the Chairman.
- S. 4Section 4 establishes a selection committee to choose members for the Haryana Electricity Reforms Commission, with specific roles for various officials.
- S. 5Section 5 outlines the qualifications and disqualifications for members of the Haryana Electricity Reforms Commission.
- S. 6Section 6 outlines the term, eligibility, remuneration, and oath requirements for members of the Haryana Electricity Reforms Act Commission.
- S. 7Section 7 allows the Governor to remove Commission members for various reasons, including misconduct, incapacity, or failure to act, with specific procedures for investigation and removal.
- 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 establishes the Commission's headquarters, meeting quorum, and decision-making procedures in Haryana Electricity Reforms Act.
- S. 10Section 10 grants the Commission powers equivalent to a Civil Court to conduct inquiries and proceedings related to electricity matters.
- 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 resolved by the Central Electricity Authority.
- S. 13Section 13 establishes the Transmission Corporation of Haryana Limited for electricity transmission and outlines its functions and responsibilities.
- S. 14Section 14 prohibits unauthorized individuals from transmitting or supplying electricity in Haryana, with exceptions and licensing powers for the Commission or State Government.
- S. 15Section 15 of the Haryana Electricity Reforms Act, 1998 authorizes the Commission to grant licenses for electricity transmission and supply, with specific application and objection procedures.
- S. 16Section 16 allows the Haryana Electricity Reforms Act's Commission to exempt certain entities from needing a supply license, subject to specific government and local authority consents.
- S. 17Section 17 mandates licensees to develop efficient electricity systems and comply with regulations.
- S. 18Section 18 empowers the Commission to investigate and potentially revoke a licensee's electricity supply license for non-compliance or breaches.
- S. 19Section 19 allows the Commission to amend licensee terms if in public interest, with specific consent and publication requirements.
- S. 20Section 20 outlines 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 submit annual financial statements to the Commission, which must be published.
- S. 23Section 23 transfers the Haryana State Electricity Board's assets and liabilities to the state government, which then reassigns them to successor companies.
- S. 24Section 24 allows the Haryana State Government to transfer employees to electricity companies under specific terms, ensuring no less favorable conditions.
- S. 25Section 25 allows the State Government to modify 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 these, subject to certain parameters.
- 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 if a licensee is likely to violate conditions or requirements.
- S. 29Section 29 details the process for the Commission to issue final or interim orders in electricity reforms, including notice publication and objection handling.
- S. 30Section 30 makes the Commission's orders enforceable as court decrees and allows it to use police and other state authorities for enforcement.
- S. 31The Haryana Electricity Reforms Act allows the Commission to impose fines and charges for non-compliance up to Rs. 1,00,000 and daily fines for continued violations.
- S. 31ASection 31A mandates generating companies to follow Commission regulations for power system operation and treats all Haryana electricity assets as special properties under 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 Commission to set and publish economic performance standards for electricity supply and efficiency for licensees.
- S. 35Section 35 mandates the Commission to collect and publish information on licensees' penalties, performance, and efficiency in electricity supply.
- S. 36Section 36 prohibits the disclosure of confidential business information obtained by the Commission without consent, except for specific statutory purposes.
- 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 Reforms Act Commission or an arbitrator appointed by the Commission.
- S. 39Section 39 allows appeals to the High Court of Punjab and Haryana against Commission decisions within 90 days, with possible extensions.
- S. 40Section 40 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 Reforms Act, including imprisonment, fines, and daily additional penalties.
- S. 42Section 42 holds company officers liable for offenses committed by the company, with exceptions for due diligence.
- S. 43Section 43 allows the Commission to settle any offense related to its orders without further proceedings.
- S. 44Section 44 restricts which courts can try offenses under the Haryana Electricity Reforms Act and requires written complaints from authorized officers.
- S. 45Section 45 allows additional proceedings under this Act without affecting other legal actions for electricity-related offenses.
- S. 46Section 46 allows the Commission to recover dues under the Act through the Dues Recovery Act, treating them as public demands.
- S. 47Section 47 allows fines and charges to be used to cover legal costs of proceedings.
- S. 48The licensee, Generating Companies and others on whom the fines, charges, penalties etc
- S. 49Section protects the Commission and its officials from lawsuits for actions taken in good faith under the Act.
- S. 50Section 50 specifies that decisions under the Haryana Electricity Reforms Act are not appealable except as provided, and no civil court can intervene.
- S. 51Section 51 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 deems proceedings before the Haryana Electricity Reforms Act's Commission as judicial and treats it like a Civil Court.
- S. 53Section 53 deems Commission members and staff as public servants under the Indian Penal Code.
- S. 54Section 54 empowers the Commission to issue regulations for the administration, licensing, and operational procedures of electricity reforms in Haryana.
- 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 the Haryana Electricity Reforms Act prevail over conflicting provisions in older electricity laws.
- S. 57Section 57 preserves existing powers and functions of central authorities regarding electricity and exempts certain entities from the Act's provisions.
- S. 1948ELECTRICITY REFORM [1998 : Hr