Amendment status not verified — confirm the current text below against the official source.
1910 and the Electricity ( Supply ) Act, !948, wirh which the Bqard has bcen concer- s +- ned or dealing with, uppn the, constiJu!lon of jhe ~Qmmission, the fuijnctiot& of the Bosrd shall be, discl~argeo by the Commissiop, and .Gridc~ prorided I!?w~ver &at,- (a) the Btare,Govcnmznt, s&IL be. enti~lc4 1 o issue all poljcy directives and . , undertake ove~all planping and, cp-or#qatiqn as specified, in section 12 and. to,this extent, the powers and, functions of, the' Board, a6 set out in the Indinn Ele,cclricity Act, 19!0 and, the Elecfrj,cjly (,Suqly ) .Act, 1948 or rules made thereunder shall vest in-the Stat,e Government and the State Government shall co70rdinate and deal with the, Central Government and the Central Electricity Authority ; (b) in rcspccl of such matrcrs which the Commission- directs in terms of a general or special prd~r, or in reguIatiohs or in a licence or lioances, as the case may be, every generating company, or other body corporate as may'be designated by the Commission shell discharge the functions oft he'Board under the Indian Eiectricjty Act, 1910 and the Electricity (Supply) Act, 1948 to the extent directdd .by the Commi- ssion or spwifie,d in licgces. (3) S ybject to sub-sections (I) And (2); upon the , establishnent of the Commission, the provbons otthe .lnd~an EIectrjc!ty Act, 1810 gnd the Electricity (Supply) Act, 1948 shall f n their application to the State, be subjkr to the following modifications and raservations. INDIW ELECIRIClT)! ACT, 1910 (a ~ l i rererences to the State Eleclricity Board in tho Indian Electricity Act, 1910 shall be read as refcmnce to the Commission or Gridco or other licens~s or whorevor it relates to general polic J matters, to tL . State Government . (ii) In rcspect of matters provided in sections 3 to 1 I, 28, 36 (2), 49-A, 50 and ' . . -51 of the Indian Elwtrieity Act, 1910, to the extent has made specific provisions, thc provisions of lbc Indian Electricily Act, 1910 shali not upply. (iii) The provisions of all other stctions of the Tndian Electricity Act. 1910 shall ;. . - apply exccpt that:- - . , , (a) the expressions "licence", "licensee" and "Iicen~e holder" shaII bava ' I the meaning ns defined under ibis Act and tho licences shall be construed 'I as having been issued uuder this Act ; (6) rbc rcferencc to the Se3ions of tho Indian Electricity Act, 1910 and tho , : Electricily (Supply) Act, I948 in the provisions of the Indian Electricity Act, 1910 shall be taken as rerercnces to tho corrcsponding provisions J . . of this Act to the extant modified by this Act; (c) the rcferencc to arbitration in these provisions, except where it is bf the Central Eleclricity Xuthoriiy, shall be taken as refercocc to the , . I - r . , proccediugs undcr scction 37 of this Act and the arbitration proce Jure . . P - .,. . prescribed undcr the Indian Elec(ricity Act, 19 10 shall not apply. (ill) 'Thc Scl~edules to the Indian Electriciiy Act, 19 10 shall be applicabIe only , I . '. with reference to the prcvisisns in this Act in which the applications of the , . .' Schedule is specified and not othcrwisc. . ' I * LL~TRICITY . ( SUPPLY ACT, 1.948 (11) All reference: to the Statc Electricits Board in thc Elcctricitv (Supply) Act, 1.1 - , . , . 1948 shall bc re.ad as rcrcrcnccs to the Conl~n issi'on or-~ridco or other - licensees OF where it rclatcs to general policy matters, thc State Government. ; . ', ' . , 1 .. . . , ,,,(vi) ' 111 rzspect of msttcrs provided in sections 5 to 18, 19, 20,23 to 26,27, 37 , , . . 40 to 43, 44;45 to 54, 56 to 69, 72 and 75 to 83 oP tl~c Electricj ty (5 upply) - , I . , . ., , . dct, 1948, rq the extent this Act has niadc specific,provisions, thc provisions .! . .. ' of the Electricity (Suppl* Act, 1948 slinll not apply. - . - . , . . .' , . I (vfi) The p r i v i s i o ~ ~ OF - all other sectioiis of the Electricily {Supply) Act, 194% - , , ., . . . shall apply except that- . . ": , I , . . ' . (n) thc cxprzssions "licence", "licc!~see" and "licence holdcr" shall have - . , I - , . . tile mcaning as defincd under this Act and thc licenccs shalt be construed as having been iss,ued under lllis Acl; , (6) the reforencc to, the sections of the Indian Elcctrjcity Act, 1910 and tho , ' . . Electricity (SuppIy) 'Act, I948 in the provtsjons of thc E Icctricit y . (Supply) Act, 1948 5hall be taken as rcfcrence to the corrcsponding provisions of this Act to thc extout modified by this Act; (c) the reference to arbitration in thcse provisions except whcrc it is by t hc Central Electricity Authority shall be l?kell as reference to the proceedings under section 37 of thrs Acl and [he nrbitra- tion procedure prsscribcd under ~ I I C Electricity (Supply) Act, 1948 shall .... . . - not apply. .(viii) The provisions of sections 72 a'nd 73 of rhc Electricity (Supply) Act, 1948 shall by restricted to _ecnerating companies and rcfcrci~ce to the State . , . Electricity Board in these scctio~s shall stand delelcd . . . ' ' (ix) The Schedules tc the ~lectricit y (Supply) Act, 1945 6halI b:: applicable only , , .!. : , . . , with referen= to the prbvisions in this Act wherein thc applications of thc scl~cdules are spccified and not otherwise. Tavingc 5S.(1)Notrvithatanding anything contained in this Act, thc powers, rights and fuuc- .: '''tions of- the Regional Electricity Aubority,the Central Electricily, Aulhor ily, ihc Central ~overnrnent and authorities, other than, the Stale Electricity Bonrd and the Statc Government uoder the Indian Electricity Act, 191 0 or the Eelctricitg (Supply) Acl, 1948 or rules' framed thereunder shall remain anaRected and shall wntinuc to be in forco. . . I ,, #.,,,;I.: '.., - (2),Nothing contained in this Act shalI apply to the Power Grid Corporation o i -: ., ',!:,, I;kited o: other bodies or licensee8 in relation to the interdtste transmission of electricity. 1 < .34 < . SCHEDULE, -. - 7 - . . .,..-. . , . \. ,-.- I ' . --; ; ':THE - . ~ R I S S A BLECTRI CI TY REGULATORY ' COMMISSIO~ , . . . PARTI - . The'commission's Pinance,~Accourits and Aadit . L Armoal Fin;aricial Statement ' - (1) Tn ~.ecernber of each year, the Commission shall submit to ihe Slatc Govern- ment a statement of i t s estimated expenditure far the ensuing Financial year. (2) Tl~c State-Government sllbll as soon as possible after the receipt of the said stztcment cause it to be laid on the table of the Stale Legislature. (3) The Commission mag ::t any time during the year in respect of which a statenlent under sub-paragraph (I) has been submitted, submit a supplementary ttaternent to the Slate Govcrnmcnt who :half cauce 'it to bc laid on,rhe table of the ' Slate Lcgislaturc. Il. Accounts and Audit . (I) The Cummission sbaII cause proper accouqts and related records lo be kept, incurding a proper syhtcm of internzl chcck and shall prcparc an annual statement of accounr- in such form as may bc prescribed by rcgulaiions in consultation with the Comptroller and Auditor-General oZIudia or persons disgnated by him. (2)Tbe accounts of the Commission hall bc audiled by ille 'ComptroUer aad Auditor-Gcncral of India or by such, peron i!s be may authorise on his behalf and , any expenditure incurred by him in connection with such audit shall be Payabi~ by the St& Government. (3) Tbe Cornptr~ller and Auditor-Gencral of India or any pcrson authorised by him in connec~ion with the audit of thc accounts OF thc Commission shall: have the right to demand the production OF books, zccounls, connected vfluchers and other documents and papers of thc Commission. (4) The accounts of the Commission as ccrlifrcd by the comptroller and Auditor- -General oT India or any other pcrsclri ;lu!Loriscd by him an his bchaIf, tagether with the audit report thereon shall be fonvarded to rhe State Government within six months . , Ofthe dose bf the year to which tbc accounls and abdit report relato, and the Commission shalt cause the said accounls of the Commis:ion to be published and make available the copies ibere?P on sale at a rcasoaablc price. The audit report shall - contain full details of any discrepanciz-. or irregularities in the accounts of the Commission. - At the samc time, thc Commission shall publish an annual statement of its acti vitics rn relation ro the function.. citl~icd ut:t by it under this Act during the year to which the said accounts relaic and make availeMe tbe copjes thereof . . on sale at a reasonabIe price. , (5) The State Government 5hall cal se the acc0I111Is of the Commission, together with !be ad11 repor[ ihercof fo~warded to i t under sub-paragraph (4), to be laid annually before the Siate Legislature. PART 11 Gcncrnl m. Remuneration, ctc. (1) The rcn~uneration of Lbc Chairman and members of the Commission shall at no time be infcrior.to the remuneratiou p;:id to the Chairman and members of Orissa Public Service Commission r rspect ivcly. t2) The Statc Government may musc to b.: paid, as nn cxpme of the Commi6sioa, to or in respect c.f any person holding the nllicc of C11;:imtan clr a member of the Commission such pcrrsion, auawancc qr. Eraiuily or .vch contribulinns or paymentP towards provisions of ssch a pcnsion, all~w~lncc or grniuily. IV. OfFtcial Sea! The Commission shall have an official seal Tor the authentication of docunloats required for the purposes of its functions. , V. Performance of Funct ions Any thing authstised or repuir ed to bc donc by the Commission by or under lhii Act or any oiher enactment may be donc by a?y mcmber of the staff of the Commission who is authortsed generally or specially in that bchalf by the Commission. 4 ORISSA ACT 1 OF I999 *THE 0-A EZECTRICITY REFORM (AMJZNDMENT) ACT, 1998 [Reoeived the assent of the Governor on the 9kh January 1999, k t publi- shed in an extraordinary issue of the Orissd Gazette, dated the 1 lth January 1999) B E it enacted by. the Zegislature of the Slate of Orissa in the Forty-ninth Year of the Republic of India as Tol1ows:-