Andhra Pradesh Electricity Reform Act, 1998 (Act No. 30 of 1998)

1. (1) This Ac:t, may be called the Andhra Pradesh.Electricity ~eform Act, 1998. (2)· It extends tO the· whole of the State of Andhra Prade~h (3) It shall come _into force. on such ·date as -the State Government _may, by notification,appoint~ Defim.tions. 2·•. In this Act, :unless . ·the coritext otherwise requires,- (a) narea_ of·- transmission• means the area within which the holder. of a tranSmission licence is '£Or the time. being authorised by licence to transmit energy in ·accordance with the conditions prescribed: c.ntral (b} "AP"lRARsCO• means the Transmission >et l of Corporation of Andhra· ·Pradesh Limited 1956. incorporated as a transmission company under the . Companies Act, 1956 and as referred.to in section 13 of this Acta 235 ( c) •cOtnJnission • rneane the Andhra Pradesh Electricity Regulatory Commission constituted under sub-sectlon {l·) of section 3: ; ( d) •1i.cenee• means a licence- granted under sect~on 15 of this Act; (e) •ucensee• or •11cence hoiaer• means a·person licensed under section 14 ·of the Act to transmit or supply energy in:c:1-uding APTIUUiSCO;. · (f) •11,ember or members• means the members of· the Comnlission and shall include the Chairman of the Commission; (g) •n~tifieation• meanS a notifica- tion pub~ished in .the . Ahdhra P.radesh ·Gazette ·and the word ~notified" Sbal1 be construed ·accordingly. ( h) •preecribed• me.ans prescr ibe<;l by the rules or regulations ~ e under tbis Act; • ~regulations• means reg~latiOns ( i) • , made by tne Commission under this Act; ( j) •rules• means rules made: by the State Government under this Act: ' (k.) •seiec'tio~ . committee• means the selection committee constituted under sec~ion 4 of this. A~t• (l)' •state"' means the State of Andhra Pradeshi 236 (rrr} ~state Government• means the Goveinment of·the state: ( n} ·•supply licence• means a licenc·e under sub-section Ut {b) ·of section 15; (o) •transmission licence• means .a .licence under sub-se'ction·(l) (a) of Sect.ion 151 (p) •transmit:• in .relation to_ el_ectricit.y, mean~ the tra'nsportation or tra~s~ssion of electricity _by means of a sys.tem operated or control.led by a licensee. which consists,-. wholly or mainly, of extra high voltage and extra high tension lines and elE'.ictr"ical plant and· is Used for transforming - and for conveying and/or transferring· electri- city from a generating station to a sub-station, -from one generating station to another or from one sllb-station tO ilnother or othe:r;\':ise from one· place to another: (Q') words and express~~ms used but central nbt defined in this Act and defiried in Act 54 the Electricity (Supply) _Act, ·:1,.948 have of 1948. the meanings· respectively ,assigned to them in that Act, ( i) words and expressions: · used but nOt defined either in this Act or in the Act No- 54 El·ectri-city {Supply} Act, 1948 and of 1948. de.fined in the Indian Electricity Act, Act No. IX 1910 have the meanings respectively Of 19l.0. a~signed to them in that Act • • 237. 1'ART' - rr MIDl!RA PRADESII ELECTRICITY REGOLATO!<Y COMMISSION

3. ( .l) For the purposes of this Act, ll$t:ahlish- . within three months of: the Act coming ment into £orce, the State Government shall and· establ.ish by notification a Commission .const:itu- to be known as the An.dhra Pradesh tion Electricity Reguiatory commission,,whiah of the • shall. be_- a· body corporate with perpetual Commission.. SllCCession and a co1nmon seal with power , to a~quire · and hold property, movabl.{! and, immovab)..e, and shall, by. the said name, be entitled to sue and be sua4. - (2} The Commission shall conSist of a Chairman . -and two inembers to- be appointed by the State Government from persons selected by the selectiOn committee constit'Uted for the purpose, in the · m~nner provided· in section 4 of this Act. The state Goveinment shall specifically desig_nate one of the . three members as the Chairman·~ "-1'he inter-Se-· • seniOrity of the other two members shall . be indicated in the O~ders of appointment. {3) When the Chairman of the Commis- • sion is unable to di~charge the func·tions. owing to absence, illn~ss or any other· cause, the next seni'or member of. the Commission shall disqharge the £unctions • of the Chairman~ until the day on which the Chairman assumes office. Constitu- 4.·(l)· The State Government Shall.Uon of expeditiously constitute ·a selection the committee, 411S often as may be ttquire:d se1.ection commit.tee . toselect """""""'· . 238 . t9 select persons for appointment as ' metribe,:s of the commission,,- which shall consist of the following~namely\ __ ( i) a retired: Chief Justice of a_'Ry High court or a retired - judge - of :the · Supreme Court._ - · -- ·Chainian (ii) Chief Secretary to· the Govern- ment of Andhra ·Pra.desh -- Member· · (iii) the Chairman · of the Central · Electrici~y Authority -- Member ( 2) _The Secretary in-Charge of the Energy Dep·artment, Gpverriment pf And_hra Pr.idesh shall be the convenor· for the above Selection Committee ( 3) · 'l'he · selection . committee shall eall for nominations from general public and ~rom professional bodies, consumer organisations ~by giving· _wide publiCity, so as to act expeditiousloy and shall generally finalise the selection within a period of three months to· enable the . State Government ~o m.ake t.ti.e f~nal selection and appointment in time for th~ new _member to take c~ge at the - of the term of the retiring member: exp.Lry .. Pro'V'ideCC'that -tha--Se1eotiOn of. the ~ ·members shall not be restricted to the i~omin~tions received. - {4) .The selection committee shall submit the pallel of two suitable persons for each vacancy in th~ commission· Who have $Uch qualification and expE!riehce as. proV'idecl in the Ac£t, _to the State Goverrnnent in alph•betical order from among whom the State Governiuent shall appoint . one of the two as a. member of_ the Commission .. 239 • ·1 S) All decisimrs "of ·-th'Er ·-sei.:.ct±on- comm.i ttee shall be by majority ( 6) The method and manner of the selection and appointment of members and deslgnation of one of the member$ as Chairman 'Of the Commission shall be as ~·res·eribed by the State <rovernment .. • · S. ( 1) The members of the Commission Conditions shall be persons of ability, integrity for and standing who have .adequate knowledge appc,lnt- or experience of, or have shown capacity ment as in dealing wit~ prQhlems relating t.P membe.t' engineering, econ0tnics I commerce, . of ~e finance; a'Ccountancy, .law or administra- Comnsdon. tion and that~ ·al~ times the se~ection and appointment. shall be made in accordq.nce with the qualifications and experience specified below:- (i} one mel'tber shall be a graduate electrical engineer with adequate experience in generation or transmissiQn Or distribution o~ electricity; (ii) two mernben; shell' have graduate qualification with specialisation and adequate. experience in .any of the disciplines like law, economics, commerce, finance1· acc.ountaney or ·administration: : Providei!l that· at any :point of time the COms:iission shall not consist Ot more than· one· member ftom the same discipline: . Provided further that persons · below the. age of fifty. five years shall not be eligible for appointment. as chairman or metnber, as tne case may !:le. • 240 ( 2) A perso~ shall be disqualified from being appointed. a member of the Commission if he is a·member of Parlia- ment or of any State · LegiSlativ,e Assembly or any local authority or holds ariy post in. a .PQlitical party or if _he has any financial -or other interest, direct:ly or indirectly, in any private company or undertaking dealing with any- of the business referred to in clause (a)· 0£ sub-section (3} subject to_ the cbn~itions speoifie~ i~ sub-section (S). , ()); The persons who are considered for appointment as. members of 'the commission shall intimate the, conveno:r of the selection committee,- (a) of any of'fice, employment or consultancy agreecent or arrangement which be has in his own name· or in any firm, association of persons or body corporate, or in the names of any re1ati ve 1 • carrying on any of the following businesses,namely:-· (i) generation, transmission, dis- tribution or supply of electrieitf: {ii) manufactur9, sale or supply of any fuel for genera~ion of electricity; {iiil manufacture, sale, lease, hire ' a,: othei-wise; suppcly of or dealing in machinery, plaat, equipment, apparatus or ,fittings for the generation, transmission, distribution,· supply or use of electricity; and 241 (iv) any entity ,Providing profess~onal services to any of the businesses referred ·to in sub-clauses · _( i)1 (ii) and (iii) above; ( b) such other details and informa- . tion as_may be prescribed in the rules. Explanation:- For the purpose of this Central section the term relative shall have the act l of same. meaning as defined under section 6 1956. of the· Companies Act, 1956. ( 4) The details received from th~ perso~s shall· be- placed for considera- tion of .the selection 90T.liilittee at the time of selection and.recommendation of the person for appointment as member. (5) ·Each.member of t~e Commission shall, before taking · c~arge of the office as member or within such time not e~ceeding three mOnths after taking charge as may be allowed by the State Government on the recommer.dation of the selction· committee, divest himsel.f... from . the interest in the businesses rnentioned in sub-section (3} of this section as a condition.o~ his-a"ppointme:it • • { 6} If a .person to be a;ipointed as a member of the Commission holds any office under the State or- Central Gov:ernrilent or- any public sector corporation or ·any Government body, he shall submit· his resign~tion or take voluntary· retirement from that -serrice and shall not seek reappointment in the. Ser.vice ·of the Stat _ 3oVernment or any 242 G-overnment corporation or body. dealing wi th the power sector in .�ndhra Pradesh_ at any. tirne within a period of two years after he ceases to be a member of the Commission. ( 7) · So long as the person holds the office of'the ·member ·and for a period óf .two years after he ceases to be a· member _ for any reason whatsoever 6 h'e shall not acquire,. hold or maintain, d�rectly or indirectly any office� ernployment or consul tancy arrangemen_t or businesses - mentioned in sub-section ( 3) · of this section within ar outside the State and if he acquires any such · interest involuntarily or by way of succession or testamentary dipposition he wi_ll divest himself from such interest wJthin · a period of three - inonths 9f · · such interest being acquired .. ( 8) B·efore recommending any person as a metnber of the Commission ,/.. the selection comrnittee shall.satisfy itself that the person does not have any .fiQanci�l 6r other interest as referred l to· in sub-=s·ection ( 3) or otherwise which is likely to affect prejudicially his functions- as a rnember. Term of 6. ( 1) Every mernber shall hold office for office, a. period of five y_ears from th� date of conditions his appointment as member o� tintil.the of service, age of sixty-five · years, whichever is etc., of earlier and he shall not be eligible.for members. re-appointme-nt at any time · after the ex�iry of h1;s term _ of appointmént: Provided that a member shall be eligible for appointrnent as Chairman subject to his combined tenure in the Commission as Member and Chairman shall .. f not exceed five years: 243. Pro'vided further that the first threé members shall be appointed for varying periods- of three years, four years and flve yea,rs respectively so as' to avoid · the ·retirement af all th? members at the sarne time and ensure continui ty in the functioning of the Commission: Provided aiso that no· person shaÍl be aF,poi nted .as - merilber · arter · he has attained the age of . sixty two years so that he has a minimum tenure of three years as member. ( 2) The Chairman of the Commission and other members shall receive such remuneration and other allowances as may be prescribed from ' time tQ ti rn e under 1 " • the rules: · Providet that the terms shall -not .be varied to· ·their disaãvantage · during the tenure of the appointment. ( 3) ·The Chairman of the Comrnission and every other Member shall before entering ,upon his office, make and subscribe to an oath of office · and · of _ secrecy in ·such form, in such manner and before ·such authority · as may be prescribed.

7. ( 1) The Sta te Government may re�cive R�val - from office any member of the. Commis.sion of in a.ccordar1ce with sub-section_ (2). , who,.- Me.mbers. ' (a) has been . ad;:iu�ged · as un ..: discharged insolvent; or (b)· has been convict�d of an offence · invo,lvi:ng moral -turpitude; or· 244 (e) has become physically or mentally incapable of acting as such member: or (d) has without reasonable cause refused or failed to disc~arge his functions for a peiiod of at least three months, or (e) ceases to fulfil any of the c:onditions of his appointment as member• or ' ' (f) has acquh:ed sueh financial or other interest that can affeet, piejudicially his functions as a member; or (g} has COnducted himself in a manner or has so abused his position as to i render - his continuance , in office' prejudicial to the public.interest or to ! the objects and purp_osa of the Act5 i ' (2) Except where a member_ admits the charge, in writing~ no member of the commission shall be removed from his 'office on the grciundS specified in clauses (c), (d) 1 (e}, (fj and (g) of sub-sec:tion~{l} untii a sitting judge of the Uigh Court Of Andhra Pradesh, as recoinmended by the Chief Justice of tlie Uigb. court at the relevant time., has carried out an. enquiry and has forwarde·d a.~·report to the State Gov'ernment. {3} The State Government s-hill act in accordance with the. recomrnend~tion iri the .fina1 report under sub-sec_tion ( 2) and the State Government·shall communi- cate its decision to the membe;- concerned within a period of two months of th.e receipt of such :;eoort~ 245 <4) A member who has been removed shall Dot be eligible for re-appointment as a member or in any other capacity in t~e Commission·. or in the State Government or in -any state Government · uitde"rtakings. (5) If the member removed under this sectiOn is the Chain:i.an · of the . Commission, he shall cea:se to be the ' Chairman of the Commission.· (6) The vacancy. caused by th~ removal of the memJ:,er shall be filled in the same manner as provided fo~ the appoint- ment of a member or designation of the Chairman of the Commission. Appo"!t-

8. ( 1). The Commission shall appoint. a ment of person as Secretary of the Commission ~o the assist the' Commission to· ::Oischarge its secretuy functions Staff and 1 Consul- { 2) The Commission shall, in· tants of consult.ation with the Sta-t.e Government the determine- the number ,nature and categories Commission of other pfficers and employees required to assist the Commission ,in th,e discharge of its functions. ( 3) ~he ·salaries· and allowances payable to the membe=s and the administrative expenses, including. salaries, allowances and pensions payabl-e to or in respect of the Secretary, officers and 9ther employees of ·the·._ Commission, shall be charged to the Consolidated Fund of the ~tate; 246 { 4) The method an4 manner of. selection of the Secretary, officers and other employees and the terms and conditions of· their service IRay be pres_cribed by- the Commission . by regu~ations with prior approval of State Goverrunen t .. (5) The commission ~hall be entitled .'to appoint,· from time to time consultants requi;i=ed to assist the Commission in the· discharge of its functions on terms and conditions to be decided by the Corrnnission. PART' - III PROCEEDINGS, POWERS AND FUNCTIONS OF TRE COMMISSION Proce;e- 9. (1) The headquarters of the CommisSion dings, shall be at Hyderabad in the State, but !""=• the Commission shall be entitled to .and conduct its proceedings, consultatioris functions and hearings at any pla_ce in tli.e State. of -the Colllmission. ( 2} The Commission shall alone have the E!xclusive poWer to make regulations for the coriduct of its ·proceedings and "discharge of ··its functions. and· all such regulations_framed-Shall be published in the Official Gazette. ~. { 3) All decisions of the CommiSsion sha.11· be _on the·. basis of majority df the- Members present and voting.- (4) The quorum ·for the me~ting Of the Commission shall ·be two· ·and·- ·each member shall have, one vote and - in Case of equality of votes on any issue or .r.esolution, the Chairman or as the case 247 may be the next senior member of. th .... Commission dischargirig the £Unctions of the Chairman under sub-section ( 3) of section 3 presiding over the meeting sha).l, in addition, have a casting vote: Provided that for a · meeting of the Commission to review any previous decision taken. by the Commission, the ' quorum shall be that all. members shall be present. ( 5} The Chairman of the ·commission· may instruct the Secretary ~o call for~ meeting o'f the Commission to be held at sucb. time and at such place as the Chairman may direct. In addition, any member of the Commissicin may request a meeting of the Commission at any time by sending a notice in writing to· the· other _members undet:_. intimation of su·ch notice to the Secietary. The notice ·of all 'meetings shall be .given to the members in· wrl, ting, unless all the members w~ive the no~ice in writing. ( 6} The Commission shall be entitled to p.ecide urgent rnat.te:i;s py circulation of the papers to merr~ers. ( 7) AJ..l .: decisions, directions and orders o;f the Comr,:.ission shall be in writing · a{ld . shall be supported by reasons. The decisions, directions and or.ders 0£ -the Commission shall be available for inspection by any person and copies of the same shall also ·be made available in · a manner the Commissiori . . may prescribe. · J •. 1728/17 248 (8} No act or proceeding of the c0l1!Piission shall be deemed invalid b:T reason only of some defect in the constitution of the Commission or by reason of the existence 0£ a vacancy or vacancies among its members. "°"""" of the Coo.mission.,

10. U} The Commission shall, for the purt!oses of any inquiry or proceedings under ·this Act sball have the powers as are vested in a- Civil Court under the Central. Code of €iVil Procedure, 1908, while Act 5 of t:eyillg a sUit · in respect of the following 1908. rna~ters, namely:- {a} the summoning and enforcing of. attendance o_f any witness -and. exam1ning on oath; (b} the discovery and production of any document or other material- objec~ producible as evidencer (c) the reception of evidence on affidavits; (d) the requisition of any public record from any court or office; ( e) the issue of co!TIInission for , examination of witnesse~; · (f} .' the ·appearance of parties and consequences of non-appea·rance; _{g) the grant of adjournments at the hearing. (.2) The commission shall have the · P?Wer to reg:uire any parso:.,- 249 {a) to produce before1 and allowed to be · examined and kept by an officer of the commission specified in this behalf1 such books, accounts,. or ot~er documents in the custody or under the" control of the person so required as may be specified- or described in the requisition, being documents relating to "'" any . matter concerning the generation, transmission, distribution and supply or use of electricity,. the :fonctioning of any undertaking involved in th~ _ above areas and other matters, the examination of which the Comnission considers necessary or relevant for the purposes of this Act or the di-scharge of the functions by the Conmission under this Act; and (b) "to furnish to an officer so specified such information as cay be requi~ed for the purposes of.this Act or such othe.i: information as may be in· his possession in relation to any activity carrie:d on by any_ other person~ · ( 3) For the pu_rpose of enforcing the attendance of witnesses the local limits "! of the jurisdicti6n of the· Commission shall be the limits of the territory of India. (4} The Corornissi6n shall have tne powers to review its dec1sion:S, directions and orders. (·S} Where, durit"lg any inquiry or proceedings UQder this Act, . the CQmm.ission has · any grounds ·to believe that any books or · papers ur . documents, of, or relating to any unit or person in relation. to which such inquiry is being made or which the owner .of such unit may 'he required to produce in such inquiry, are being, or may be destroyed, mutilated,. altered, ·falsified or secreted, it may, by a wri.tten order authorise any officer of the Commission to exercise the powers of entry, search and. seizure as may be exercised by an CeJittal Inspector appointed for inspectio·n under Act 1 of sections ·240 and 240-A of the Companies · 1956. Act, 1956. (6) Notwithstanding anything contained in any other law· for the.time being in force, the Co:rmnission may, by a general or .special order, call upon any person includirig the generating companies or the . ·licensees to , fu:i;-nish to the Commission periodically or as and wp.e_n required any information concerning the activities carried on· by such person· related to generatipn, transmission, distribution and ·supply or use of electricity, the connection between such pel:'son anq any other person or undertaking including such other information relating to the organisat~on, business, cost .. of production and other requirements as· may be prescribed to enable the Commission · . to carry out its functions under this Act. . ·, (7) I~ _the discharge of it~ function the Commission shall be-entitled to and Shall consult to the· extent the Commission considers appropriate from 251 time to time such persons or gro!Ip of. perso,.s who may be affected or are likely to be affected by the decisions of the Commission. ( 8) To exercise the powers conferred under this section to call for informa- tion, details, books, accounts and other documents, from any person and make inc;tuiry for the purposes of providing the same to the Central Electricity Autho~ity, the Central Government, the State Government or other persons. The Central. Electricity Authority, the Central Government and the State Government shall be entitled to ask the cOmmission. to make such ·inquiry· and provide the information, details and documents to ·t·hem. .( 9} All persons to whom notices may • be issued shall have a statutory obligation under this Act to duly, faithfully and effectively furnish the information, details·, books, accoun1;s and other documents, which the Colillaission considers relev_an:t in conilection with its functions under this Act or which may be required to be obtained ' a'f:: the instance _of the Central Electricity Authority, the Central Government Or the State Government as.the case may be and shall be proceeded with and punishable for any failure or delay to comply with such requirements and the directions and orders issued by the Commission. (10) Notwithstanding anything contained in sections 12 to 16 and· sections 18 and 19 of the Indian act .,.:o: Electricity Act, 1910, for the placing o£ 1910. 252 of the -elec-t.ric supply lines, appliances and apparatus for transmission, distribution and supply of energy,. the Commission may, by order in writing confer· upon licensees or any Other person engaged in the business of · ~ansmission, distribution or supply of energy to the public under the Act, subject to such condi:tions and restrictions as the commission may provide, any of ' tha powers which the 'telegraph authOX'.ity possess under 'the-" Act XIII Indian Telegraph Act, 1885 with ;respect of 1885. - £0 placing pf telegraph lines a_nd posts. Functl~ 11. (1) Subject to the provisions ·of of the. this Act. the Commission · shall be Comissf.on,. .responsible to discharge ctmongst:. others~ the followin~ fun~ions,namely:- (a} to aid and advise, · in matters concerning electricity generation, transmission1 distribution and supply in the State; ( b) to regulate the• working of the licensees a~d. to·. promote thei.r working in an efficient, economical and equitable manner including laying down· standards of performztnce for the licensees in regard ·to $ervices to consumers; ·" (c) to issue licences in accordance with the provisions of this Act and determine the conditions to be included in the licences;~ 253 (d) to promote efficiency, economy. artd safGty · ·· in the use of the electricity in the state including and in partieulir in regard to quality, ~ntinuity and reliability of service and enable to meet all such reasonable demands for electricity: (e) to regulate the purchase, ~ distribution, supply and utilisation of electricity, the quality of se:r:viee, the tariff and charges payable keeping in view both the interest of the consumer as well as the consideration that the supply alld distribution cannot be maintained unless :the charges .for ·the electricity supplied are adequately levied and duly collected; (f) to promote competitiveness apd progressively involve the participation of private sector, while ensuring fair deal to the customers; (g) to collect data and .forecast on the demand and use of electricity and to. require the .li,cetlsees . to collect such ·data and forecast; " (h) to reauire licensees to formulate * perspective - .. plans and schemes in co-OrdinatioTI: with· others for the promotion of generation, transffiission, distribution and supply of electricity;· . ( j) to . regulate . the asset!:!. properties and interest in properties cono·erning or related to the electric~ty industry in the state; • 254 ( j) to lay down a i1nif"orm systE!m of accounts among the licensees; (k) to regulate working of licensees and promote their working in an efficient economical _and equitable inanner,i; and · (1) to undertake all incidental or ancillary things. (2) The Commission shall always act consistent with the objectives and purposes for which·· th1i ,°Commission has been established: as an independent statutory body corporate and all acts, decisiOns and orders of the· Commission shall be pursuant to and shall seek to achieve sucti objectives ,and _·purposes. (3)_ Notwithstanding the provisions, of Centra1 Ac.t? section· 52 of the Indian Ell!ctricity Act, IX of 1910. 1910 or ·the provisions of !;iection 3 (1) · (ii) and section 76 of the Electricity -·· Centrai (supply) Act, 1948, the Commission shall haVe the power to act as arbitrator or of. 1948 ncminate arbitrator or ·arbitrators to. adjudicate and settle the d_isputes arising between the licenses in accordance with the regulations to be prescribed and this shall be a condition precedent of-the_grant·of ·licences. PART - IV POWERS OF THE STATR GOVERNMENT -· Genera]_ 12. (1) The State Government shall have tbe·power to issue policy directions on of the matters concerning electricity in the State State including the overall planni_ng and "°""""""t· cO-Ordinatio~. All policy directions • 255 shall be· issued by the state Government consistent with the objects sought to be achieved by this Act and accordingly shall not adversely affE!ct or interfere with the functions. and powers of· the Commission includin·g but ~at limited to determination of· the structure of tariffs for supply of electricity to various classes of con·surners ~ (2) If any dispute a~ises between the Commission and the St.ate Government as to whether or not a questi9n is~ matter 'of• policy or whether a policy direction issued by the State Government adversely affects or interferes. with the exercise of the functions of the. Commission, the same shall be referred by the State Goyernment to a retired- .judge of the Supreme Court in consulation with the Chief Justice of the Supreme.Court whose decision thereon sha11 be final and binding. · (3) The State- Government shall be entitled to issue· policy directions conc'erning the subsidies t.o be allowed · for supply of electricity to any class or classes of persons or in - respect of ciny area in addition to the Subsidies permitted by the Commission while regul~ting and approving the tariff structure provided that the State Government shall contribute the_ amount to compensate such concerned body or unit affect_ea by the grant of the subsidies by the State Government to the extent of the subsidies granted. Tile Commission shall determine the amounts 256 and the terms and conditions and t_i;:it. frame on which such ai:tounts are to be ~aid bj the State Government. ( 4) The State Government shall consult the Commission in ..relation to any proposed legislation or rules concerning any policy direction and shall duly take into account. the re·com.mendation by the Coritmission on all such matters. PART - V APTR.ANSCO , =titu- ··and 13. {l) Not later than sixty days of the Act coming into force the State functi . Government shall constitute APTRANSCO to of th 0 ':15. be incorporated and organised under the ~ c o provisions of the Companies Act, 1956 as • the Transmission Corporation of Andhra ~ Praclesh Limited, with the principal _19 of ~bjects of engaging in the business of 56 • procurement, transnission and supply of electric energy. (2) Subject to the p9wers of the· State Goverrlment under section 12, the APTRANSCO established by the State GOvernnent in te~s of sub-section (1) . shall be the principal company to undertake all planning and co-ordination ill. regard to transmissiOn: undE!rtak.lng the works connected with transmission, ·determining the electricity requirements in tne State in co-ordination· with the _.Generating companies, State Government, the c6mm.ission, the Regional Electricity Boards, il;Dd the Central ~ Electricity Authority; the operation ·of the power system. 257 (3) APTRANSCO shall own the extra high voltage_ transmission system, shall be responsible for the transmission system operation and shall operate the power system in an efficient manner • . ·( 4} . APTRANSCO sp.all undertake the functions specified in this section and _such other functiOns as may be assigned to it by the licence to be sranted to it by the Commission under this Act. (S) Upon the grant of licence to the APTRANSCO under clause (a) of sub-section {l) of section 15 of this Act, the APTRANSCO shall discharge s'ti.ch powers and perform .such duties · and functions of the Andhra Pradesh State Electricity Board including 1::.ho.se under the ·Indian Elec::ricitv Aci:, 1910 and the Electricity (Sl!?ply)-; :?.et, 19-48 or the rules frcimed thereunder as· the Co~ission may spe'ci:="y in· the licence and it shall be the statutory obligation of the APTRANSCO to undertake _and duly discharge the powers, duties .and functions s·o assigned. ·- ( 6) SUbject to the prOvisionS of sub- sections (1} and (2) and to the overall superv-ision and control of the APTRANSCO a number of subsidiary or associiated transmission compa!lies may be established in the .state and the Commission may grant lic~nces under the terms of this -Act to such t:i:ansmission companies, in consultation w:ith the APTRANSCO. 258 PAR'.l - VI LICENSING OF TRANSMISSION AND SUPPLY Licensin~ 14·. (1) No person, other than those authorised to do so . by licence o:r; by virtue of exemption/ under this Act or authorised to or exempted by ~ny other authority under the Electricity (Supply} Act( 1948, shall engage in the State in the business of, (a) transmitting electricity; or (b) suppiying electricity, (2) Where any difference or' dispute· arises as to whether any perso'n is engaged or is not engaged or about to engage in the business of trarismitting or supplying electricity as specified in sub-section ( 1}, the matter shall be referred to the Commission ana·· the decision of the. Commission shail be final~ ( 3) The Commission shall have the power to order any·unlice~sed person to cease operating and disconnect its apparatus. (4) Notwithstanding anything- contained in any other -, provisions- of this Act and until the establiShrnent of the Commission in terins of section 3 ,. the State Government shall_/have the power to grant - provisional licenc"es under this section having' a duration not exceeding twelve· months to any person or persons to engage in the state in the business of transmission or supply pf .~l~c:tr!-city on such 1?,erms and 259 conditions as the State Gqvernment may deter.aine consistent with the proviSion::. of this Act, subject to the follciwing condi tions,;1 n_clro.jly :- · {a) upon the establish.Jerit of the Couu;:iis sion, each · of the _i?rovisional licences ·granted by the State Government s_hall be placed before the Co;n."ilission and shall be deemed to constitute an applir;::ation for grant of a licence- by ·the Commission under the prdvisions of this Act; and (b) each provisionaf licence .granted under this section shall cease to be valid from the date notified by. the Coi'illilission. (5) The State Goverru,1ent, shall ·be entitled to confer On th~ ,?rovisional licensees under suo:;.section {4} such powers, rights and authorisation as the Coiil.iiti.ssion is entitled to grant to the licensees under this Act.

15. ( 1) The Commission may on an Grant of' application made in · such form aIJ.d on licences paym,ent of such fee, as .may be-by the · prescribed, grant a licence authorising CCGDission. any person to,- (a) transillt electr"i.city in a . specified area of transmission; or (b) supply elec~ricity in a S}?ecified area of supply including . bulk sug,t)ly to_ licensees or any person• 260 {2) In respect of the grant of any such licence the following 1?rocedur2 shall be followed namely~- (a) any person applying for a licence shall publish · a notice of his application·in such manner, ·and with such particulars as may be p:rescribed by the Commission ·within 14 days after .u.iking the application; (b) the com,.dssion shall not grant a licence .untll,- {i) all obdections received relating to the application for the licence have been considered by the Coramission; ~rovided that no objection shall be considered by the Cottr:tission unless it is received within three raonths of the_ date of ths firsi::. publication of the notice ·unde= clause {a) above; and (ii) in the case of an aiJplica:tion for a licence to supi)ly or transmit in an area ,.,hich includes. the whole or part of any caritonment, aerodrome, fortress, arsenal, dockyard or camp· or of any building or place in the occupation of the Central Government for defence ~urposes, the Comi,,.ti.ssion shall ascertain whethe+ there is_ any objection to the grant of the licence on the )?art of the Central Government; (c) where an objection is received from any local authority conce:tned, the Commission shall, if in its opinion the objection is insufficient, record in writing .and co..mtunicate to such local authority its reasons for such opinion; and· 261 (d} no application for a lfcence shall be made by any local authority except pursuant to a resolution passed at a meeting of such authority held after one month's previous notice of the saine specifying the purpose 'thereof has b.een given in the !ilanner in i·1hich notices of meetings of such local authority are usually given • • (3) A licence s~all ~rescribe the durationt extent to ,·1hich and the terms and conditions under which the transr:tission or supply of energy !s to be made and contain such other conditions as the Cam.'ll.ission mat consider appropriate for achieving the i?Uri?oses of the Act* {4} 1vithout prejudice to ' tbe generality of sub-section p) , the Conditions · included in a licence by virtue of 'that sub-section may re.quire the licensee to,- {a) enter into agreements on specified terms with other persons for the use of ·any electric lines, electrical plant or plants and ' associated equipment operated by the licensee; {b) comply t1ith any. direction given by the Commission; {c) act in accordance with the terms. of the licence; · 262 (d) refer all disputes arising under the licence for determination by the Co.lDlill.ssion; (e} furnish information, documents and 'details which the Commission may .require for···its own. purpose or for the purposes of the Central or State Govern- ment or Central Electricity Authority; (£) comply with the require.cents of. the India Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or rules framed thereunder in so far as they ar~ · applicable; ( g) undertake such functions arid obligations of the Andhra Pradesh State Electricity Board under the provisions of the ·1ndian Electricity Act, 19lfr and the Electricity_ (Sup,t>ly) Act, 1948 as the_Cominission may prescribe; (h) obtain the a.t:1,r:>roval of the Comaission of such things that are required urider the licence conditions or for deviation fro;a the same; (i) notify the Coilll!l.ission of any· schene that he is proposing to undertake including ·the schemes in terms of ·the : provisions of the Electricity (Suj:iply) ' Act, 1948; ( j) purchase power in an economical manner and under a transparent power purchase process·; and (k) supply in bulk to _other licensees or to customers. 263 (5) Without srejudice.... _ to the generality of sub-section (3), the conditions included in a licence granted by the Commission may require the holder of such a licence to establish a tariff or to calculate its charges from.time ~o . time -in accordance witb the requirei11e:qts · prescribed by the C<Y..uaission. ( 6) The provisions contained in the Schedule.to the Indian Electricity Act, 1910 shall be deei:aed to be incorporated wi-th. and to form !:)art of every ~uJ?ply licence qranted under this Part save in so far as they are exiJressly varied or exce:i;ited by the supply licence and $hall, subject to any such additions, variations -· or exee.t;>tions which the Commission is mapo\1-ered to nake havi_ng regard to the ~urposes of the Act, av~ly to- the undertaking authorised by the licence in rela~ion to its activities in the State: Provided that vbere a supply licence . is gran·ted · by the Con:urission for the supply of energy to other licensees for - distribution by them, then in so far as such licence relates tp such supply, the provisions of. clauses IV, v, VI 1 VII1 VIII and XtI of the said Schedule shall not be deemed to be incorporated witbin the supply licence. - (7) '!'he conditions incl_uded in a licence may contain provision for the conditions to cease to have eifect or be modified at such times, in such manner and ·in such circtimstances as may be S.f)ecified in or determined by or· under the conditions. 264 !! • {8) Any ,?rOVisions includea ·by virtue of sub-section (?) above in a .licence shall have effect in addition to . the provision made .by sub-section ( 5) of section 18 and section 19 with respect to the amendment of the condi.tions of a :licence~ {9} Unlass indicated in the t ~ s of a licence, the grant of a .licence under this section to a person shall not in any way hiilder· or resti:'ict the grant of a licence to another person within the same area of - supply .for. a like purf)ose and accordingly the licensee shall not claim. any ex_clusivity. (10) The licence granted by the Corn.mission in tems of this Act .cray provide that the licensee shall have the £)Owers and authority to take a~pro9riate actions for revenue realisation,vrosecution fnr theft, meter tampering, diversion of electricity, and all such and simi 1,ar matters affecting the distribution and supply of eleotric~ty to the consUlller. (llj The Com.'Uission shall be entitled to a_uthorise'. the licensees and 0ersons to exercise sucn power and authority as .. the lic~nsees and persons could be given iunde'r the provisions of the Indian Electricity Act, 1.910 and the Electricity (Supply) Act, 1948. ::- 16. ( l J The Commission may make regula- tions to grant exemJ?tion from the ~om. requirement to have a supply lice-nee; • "but subject to com~liance with such, ~ cent to conditions if any, as may be s,,ecified ,:- have a in the Order,: u.:...:e. 265 Provided that the Commission shall not, under any such re,;11lation, grant ant exemption except Yith the c9nsent,- (i) of the iocal authority, if any, consituted in the area · where enery:y is to be supplied; (ii) in any case where energy is to be supplied in any area forJ!Urig part .of .- any cantonment, aerodrolil.e, fortress, arsena_l, dockyard or ca.-;ip or any building or place in the occupation of the Central Government for defence 1,mr-.t?.o5es, of the Central Government; (iii) in any area :falling within the area of sup.t?lY of a licensee, of that licensee: Provided· that, excef)t in a case falling under cla~se {ii) no such consent shall be necessary if the Commission is satisfied that such ·consent has been unreasonably wit.~he~d. (2) An exemption cay be granted,- (a) to ,tJersons of a particular category1 or ' (b} to a particular person; or (c) for a particular period; ahd an exemption to persons of a particular category or to a particular person shall be published in stlch :iilanner as. the Comraission considers agproi:1riate for bringing it tO the att2ntion o~ that person or persons of that category and of the pu~lic in general. 266 (3) The exemption granted. 1nay rili.. revo~ed by the Commlssion at any tioe £or reasons to be recorded in writing. ( 4l An exemption, unless, ::1reviously revoked, shall continue in force for such period as may, be s~cifiefl in or · determined by or under the exe~Jtion~ - ( 5) EVery regulation or exemption made by the COm.i.'lission under this Ac::t shall he published in. the Official Gazette .. ""'-a1 17 .. (l} It shall be the dtlty of the Dnties holder of a supply licence or a· and_ transmission licence in respect of a Povers· particular area to develop, raaintaiii and of the provide to the consuraers or the licensees. licensees as the case may be or any other person an efficient, co-ordinated ahd e.;:onomical systeul. of electricity supply or transmission in the ~rea Of transmission or area of sugply, as the case may be- (2} 'Each licensee and Generating Con9any in dischar~e of its duties shall co,;1ply with the f!rovisions of the regulations· fram.ed from ti@e to time governing the terms ~no. conditions for the operation and raaintenance of gower system and electric sup9ly 1.it,2-5. (3) Subject to sub-section (4}· of section 12 and sections 13 to 19 of the Indian Electricity Actf 1910 {Which relate. to the carrying out of works) shall have effect in relation to ·a person authorised by a licence under this Act to transmit or SU¥Ply _ electricity as if he is a . licensee in that Act. 267 ( 4) Hhere any of the sections mentioned in sub-section ( 3) above .i.s applied to a licence holder by his licence, it shal~ have effect subject to such restrictions, .exceptions and conditions as l!lay be included in the . licence. 18. ·c1) .The Commission may inquire into Revocation the conduct or functioning of any of licensee in carrying out the opli~tions licences. under the Act or rules or regul'ations £rarn.edthereunder or tha tern~ and conditions of its licence,- ( a) upon receiving a co;:::i._;,J,aint from any consumer or consumer association\or any trade association; or (b) upon a reference made to it by . the State Government or by the. Central ·' Government or the central Ele,tricity Authority; or (c) upon receiving a .coa~laint from any company or person involved in the generation, · transmission, distribution or supply of electricity; or (d) upon its own k..,owl edge or information derived frora_ any source. ( 2) upon lllaking such inquir,1 the Commission - may,, if -in its. opini9n the public interest · so requires. revoke a licence in any of the following cases, nam.elyt-- ("a) where the licensee_, in the opinion of the Commission, has coa:dtted 268 a wilful or unreasonable default in doing anything required of him by or under this Act, the Indian Electricitv Act, 1910,. or the Electricity {Sup~Jy} Act,. 1948, or rules made thereunder to -the extent applicable in the State read with t.'1e provisions of this Act; {b} where the licensee commits a h~eacti of any of the terms and conditions of his licence the breach of which is expresslv deClared by. such licence to 'render it liable to .revocation .. (c) where the licensee fail$ within the ~riod specified in his licence or any longer period . which the Co:nmission ~ay allow by order,• {i) to show, to the satisfaction of the .Cor.unission, that he is in a position to full}" and efficiently discharge the · duties and obligations imposed on him by his licence; and (ii) to f:lake the deposit or furnish the security required by his" licence;: and · (d) where in the opinion of the Commission the financial oosition of the licensee is such that hS is unable to fully and efficiently discha.rg'e the duties and~obligations imposed on him by his licence. (3} Notwithstanding the provisions of sllb-sections (1) and (2) where in its opinion the public interest so reguir~sT the Commission raay, on the applicatior. 269 Or with the consent. of the rrc-enseef, -a.rid if :the licensee is not a local authority, after consulting the local authority concerned# i£ any, revoke a transmission or $upply licence as to the ~,hole or any part of - the area of transmission · ..or supply upon such terms and conditions as it thinks fit. (4) No licence shall he revoked under sub-section (2) or {.3} unless the Commission has given to the licensee not less than three months not~ce in writing stating 'the grounds on which it i$ prOposed to revoke the licence and has considered any cause shown by the licensee within the period of that notice, against the proposed revocation and has given reasons for such revocation.... ( 5) The Coa~ssion . may, instead of revoking the licence, p_ert.t.i:~ it to r,emain in force subject tO such further terms and cond.itioUs as it thinks fit to impose and any further terms or conditions so imposed shall be binding U?Qn, -and be observed by, the licensee, • and be of like force and effect as if they were contained.· in the licence. 19:. {1) The Commission -may, where in its ~dmerit opinion tha public _interest so .i;>ermi ts 0 ~ or requires, 9n the application of the hcen~. licensee and if the licensee .is- not a local authority; on· the application of · the . local authority concerned- or otherwise on its own may ~ e such alterations and amendments to the terms and conditions of a.liCence as i± thinks fit taking into account th.e objects and·- purpopes of the Act: 270 Provided that no such alterations or ameridm.ents, other than an alteration. or amendl:aent pursuant to a licence condition referred to in sub-section (7) of section 15 or sub-section ( 5) of section 18 sha;1 be made ex:cei?t with the consent of the licensee. ( 2) Where the lic·ensee has aiade an a@f)lication under sub-section (l} proposing any alterations or amendm.ents in his licence, the following erovisions· shall apply, ... (a) the licensee shal1 publish a . notice· of the ap-plication in the manner and with the particulars as may be prescribed by the coimniasioni {b) the comra.ission shall not ~ake any alterations or a.raendm.E!nts until all objections received by it with refere·nce to the application· within three months from the date of . the first publication of the notice have been considered; an~ (c) .in the case Of a.n application proposing alterations o:r; amendments in a.n area of ·sup9ly com9rising the_ whole or any gart of the cantonment, aerodrome, fortress, arsanal, dockyard or car.ip or of any building or plaee in -the occu}?at:ion of the: Central Government ;for defence purposes, the Com.mission shall not ~ £lake any alterations or a.m.endments except with the consent of the Centr~l ~overruaent~ 271 13 ) -Befqre aa-k-i."'9' any -a-iterations or amendments in a·- licence otherwise than on the application of the licensee, the Commission shall publish the ~reposed alterations. or arnendw.ents and .consider all Objections received by it with reference to the proposed alteratl.ons or amendments within three months from the datt= of the first publication of the notice.

20. (1) Notwithstanding the provi- Provhisions sions of sections 6 . anq. 7 of the w ere Indii3n Electricity Act, 1910 where t h18 e~~ Commission. · revokes· a licence, unaer • 'sub-section (2) of section 18, the following provisions shall a~ply:- . (a) the ColilIUssion Shall serve a notice of revocation upon the Licensee and. shall ~ix a date on which tfie revocation shall take effect with effect · from. that date or tdth effect £rom the" earlier date on which·the undertaking of the licensee· is sold -to a purchaser in pursuance ·of aii.y o_f the · provisions of this Act, all the rights, duties, obligations and liabilities of the licensee Under this: Act· shall absolutely cease· and determine _ except for any ;liabilities · that have accrued to that date; -·\- (b) the Commission shall invite applications for acquiring. the undertaking· of· the ·licerisee. whose 11cence has been revoked and determine terms and conditions of the sale of the undertaking; · 272 ( c) ·the Corruaission may, by notice in writing, require the licensee to sell, and thereuf>on the licensee shall sell the undertakiny to the person whose apf)lication has been accepted by the Commission·. such person is referred to in this sec.tion as the -npurchaser"; and (d) the Commission may make such interia arrangement in regard to the undertaking of the licensee for maintaining the electricity transmisSion and supply as may be ccinsidered appropriate incl-Uding the a!?.poi-ntment of administrators and special dir_ectors for ~e undertaking. (2) Where an undertaking' is sold under sub-section Cl), the purchaser shall pay to the licensee the f)Urch,ase price of the undertaking detennined in accordance ·with the. apf)lication submitted by-the purchaser.' (3) Where the Cora,.~ssion issues any -notice under sub-_section (1) requiririg .~e licensee_~o sell the undertaking, it may by such notice require the licensee to deliver,· '.and thereupon the licensee shall deliver on a date specified in the not.j..ce, the undertaking ta the designated purchaser f)ending the payment : of the · purchase price of the ! undertaking. Any pending fines a·nd charges · shall be deducted from the amounts payable to the licensee: Provided that in any such case, the purchaser shall pay to the licensee interest at such rate not less than the Reserve Bank lending rate ruling at the 273 time of delivery of the undertaking as the Commission may decide, on the purchase price of the undertaking for the period from the date of del·ivery of the undertaking to the date of pa.YI4ent of the purchase price~· ( 4) Where before the date fixed in the notice iss'ued under clause (a) of sub-section {l) as the date on which the revocation of the licence· shall take_. effect, ··no notice has been issued to the licensee requiriny hit:1 to sell the undertaking or . where for any reason no .sale of the undertaking bas been effected under that sub-section, the State Government shall acquire the uildertaking dn the date of revocation· Of the licence and shall ~a~ to the licensee c.l1 amount determined in accordance with Sub-sections {1) and ( 2} · 0£ section 7-A _ of the Indian Electricity Act, 1910, as amended in ·the State and shall t,Jei;foriil all the Obligations of the lic:ensae until such tirae as the_ State Governr,ient · is able to sell the undartaUng to a new· licensee which it shall endeavour to do expeditiously without undue delay. { 5) The Licensee shall duly irni,>le.r.ilent the orders of the Coramission, notuith- standing that the liCensee may be· aggrieved by ~e order Of the coa.aission and intends to take lesal action challenging the orders of the · Comi.1ission. · 274 2estric- 2l. {l) No . licensee or Generating tlons on Company shall at any tir:le, without the l.icec.$ee$ previous consent in writing of the Commission, acquire by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business -of generating, transmitting distribution or supply of energy is concerned, any other ·1icensee or person generating, transmittir.g,. supplying or intending to g:energ.te, transmit. or supply electricity: Provided that before granting the consent' the. Commissio.P. shall hear such person or. authority as the commission shall consider appropriate~ (2) The licensee shall not." at any time, assign his licence or tr~nsfer his ' undertaking, o:r _any 2art ther~f, by :sales mortgage" lease, excha.:-;.-ge or otherwise without: th.e previous consent in writing of th~ Commission. . {3) The provisions of sectio:1 44 of the Electricity (Supply) *~et, 19·!8 .5hall · apply except that the persons t.o \lhorn the section·applieS shall be required to obtain the _sanctions and consents frer:n the Commission" instead of such saneti.ons and consents to be obtained trom .tr.e Board as.provided under tha~ sectiqn • .. ~ (4) A holder of a supply or tra_nsmiS.$iOn Licence may, unless expressly, prohibited by the te.rm.s of its licence, enter into arrangements for; the · purchase · of electricity flX»'ll,- (aJ the holder of a supJ?lY. lice-no~_ which pennits th,a holder of such licence · to supKlY energy to other licensees for distiibutiori. b:f them: and 275 {b) any person or Generating Comt')any with the consent of the Commission. ( 5) Any agreeme_nt relating . to· ilny transaction of the nature described in sub-sections (1), (2L (3) or (.4) unless made" with or subject to such consent as aforeSaid, sha.U be void.·

22. Every licensee shall, unless expressly Annual • exempted by the licence, prepare and Accounts of render to·the Commission . every year on licensee. or before the date specified in the licenc·e, an annual statement or state- ments of accounts of its undertaking and of each separate business unit as speqified in the licence made up to such d~te, in such form and containing such particulars, as may be ·set out ·in the licence. It shall be a term of the licence that such statements shall be published in manner prescribed iri the ·regulations. REORGANISATION OF THE ELEC'XRICITY INDUSTRY 23. {l) With effect from the date on Reorgrurisa- which a transfer sc:heme pre?ared by the tion of State Government to ~ive effect to the State . . objects and , purpcises of this Act is FJ.ectrtcity published or such further date as may be ~d- prescribed · by the State Government . (hereinafter referred to as the effective date), a1,y property, interest in property, ri~hts and liabil_ities which immediately before the effective date belong to· the Board shall vest in the State Government on such terms as may be agr.eed between the State Government and the Board. 276 (2_} ..AnY property, interest in property, rights and liabilities vested in the State Government under sub-section tl) shall· be revested by the State Govermuent in the APTRANSCO and generating company or companies, in accordane:e with the transfer scheme so· published" ~long with such other ptoperty, interest in property, rights :and liabilities of State Government as lllll.l' be specified in such scheme·, . on such :terms. and conditions as may be ayreea between the State Government and the ~ s c o or generating company or companies" ,as the case may 'be .. • Explanation:- For the purposes of this Part generating company or companies, shall mean the company or companies to be · incorporated to implement , the · reor9anisation of the Electricity Ihdustry in the State. ( 3l Such of the rights and powers e¥ercisable by the Board under the Electricity (Supply) Act, 1948 as the State Government 'may.. by notification specify, shall be exercisable by the AP'l'R.ANSCO or 9eneratin9 company or companies, as the case may be, for tht! purpose of discharging the functions and duties with which it is charged. (4) NotWithstanding any thing in tbis ~~ction.- where,-- (a} the transfer scheme, involves the transfer of ·any property or rights to· any 277 . person or undertaking not wholly owned by the state Government, the scheme shall give effect to the transfer only for fair value to .be paid by the trans- feree :to the State Gov.ernment • . ('bJ a transac.tion ..of any · description is ef.fect_ed in pursuance of a transfer scheme., i t shall be binding on all persons including third pa-rties -and even if such persons.,. third parties have·no:t consented to it. ( 5} The State Governemnt may,- ·i3-fteJ:" consulting the AP·TRANSCO ·(the "transferor licensee•) 1 .or generating company or companies, as th~. caSe may be, require . them to dr:aw up a transfer scheme to vest in a furthl:!r ll.censee ( the "tran'S- feree licensee") or any 'i:Jenerating :,:::Orit-:- panies, any o~ the functions incluaing distribution function, property,. inte:rlest in property, ri~hts and liabilities which have been vested in the transferpr licensee or generating companies., as the case may be·, under this section and publish the same as Statutory Transfer Scheme under this Act. The Transfer Scheme to be notified under this sub- ' section shall have the same effect as the Transf~r Scheme under sub-section ( 2}. { 6) A transfer scheme mayJ- ( a) provide for the formation of subsidiaries, joint venture companies or other schemes of division, amalgamation, merg!;r ,. re·construction or· arrangements; 278 · (b} defiTie the property, interest in property, 1:i9hts and liabilities to be allocated:- (i) by specifying or describing the · property, rights ~d liabilit~es in question: (ii> by referring to all the property, ~nterest in property6 rights and liabi- lities comprised in a specified part of the transferor's undertakin9; or liiil partly in the one way and partly in the other; (c) provide that any rights or liabilities specified or described in the scheme shall be enforceable by or a9ain"st the transferor or the transferee; (d) impose on the licensee an oblii- ation to enter into such written a~reements · with or execute· such other instruments in favour. of, any Other subsequent licensee as may be specified in the schenie; · , te} make such supplemental, inci- dental and consequential provisions as ; tht? transferor licensee considers appro- priate including provision spes.,ifying the order in which any transfer or transaction Js to be regarded as takin9 effect; and " (f} provide that the transfer shaii' be provisional for a specifi~d period. 279 ( 7) All c;lebts and obligations incurred, all contracts entered into and all matters and things engaged to be.done by the 'Board, with the Bdard or for the Board, or the APTRANSCO or generating company 9r companies before_ a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been ·• incµrred, entered into or ·acne by the Board, with the Board or. for the state GoVernment or the · transferee and all suits or Other le9al proceedings insti- tuted by oi a§ainst thE! Board oi transferor, as the case may be, may be continued o:t instituted by or against the State Goverriment or concerned transfe;ee, as the case may be. ( 8 J ·In the event that a licensee is required to vest any part of its under- taking in another licensee purs·uant to sub-sec~ion ( 5} , the Conmis'sion shall amend the . transferee's licence in accordance with section 19 or revoke its licence in accordance with se·ction 18. ( £!) The Board shail cease to be charged . with, and shall not perform, the ; functions and duties specified in sub- section (3f with regard' to transfers made on ?!,nd after the effective date·. ~ (10) The exercise by a licerisee of any of the Board 1 s rights and powers may be made on such conditions as may be specified in the transfer scheme iricluding a condition that they shall be exercised by the licensee· only with the approval of-the Commission. · J. 1728/19 280 P-ravis.ioas 2·4.'. {l) The State Government. may by a :relating transfer scheme proyide for 'the transfer to qf the personnel toAPf~CO, generatihg Personnel. company or companies, distribution or other companies hereinafter referred to as th.e transferee company or companies; on the vesting of properties, rights and liabilitie's in such transferee companies ·- as provided under section 23. (2.) Upon such transfer stheme the personnel_. shall hold- office or seI'vice under the transf_eree coapS.ny on terms and con~itions that may ·be:determined in accordance-with the trans£er scheme: :PrO'lfided that. such term.s·and conditions on the transfer shall not .in any way be less favourable than these which would have been applicabl.e ,to them if there had been no sue~ vesting~ Provided further that any ·such scheme under sub-sections ll )" -and { 2) shall be consistent with the tripartite agr~e~rits ·ente;red .into between the GOvernment1 , A.P.s.E.B. a_nd the empJ,.oyees .. EXplanation:.. For the purposes of this section as well as the tran~'°!r scbetne the term "personnel 11 • sha11 ·· mean all peZ:sOns :who on the·_ effective· date sire tbe employees of the Board. ~ Pa,-t 25. Notwithstand~ng anYthins contained o f ~ - in the Industrial Oisp~tes Act, J.947 .. or sation or any . other· 'law as is applicable, and damages_QD.. except for the provisions·. made in this · transfer .." Act, tb.e transfer of the emJ?.:loymS:nt Of 281. the personnel refiarred tO in sub- section ( 1 J of section 24 shall not entitle such employees to any compen- Sation or. damages unde,r this Act,· or anY other Central or State law or under the g~neral · law, save as proVi<ied in the transfer scheme. PAB$--VIII TARIFFS 26 ll} The holder of each licence granted Licensee•f under this Act shall observe the metho- revenues dolo9'ies and procedures specified by the and ·tariff Commission from time to time in cal-. culating the expected revenue from charges whic~ it is permitted to recover pursuant to the t~rms of its licence and in designing · te.riffs to · Collect tllose revenues. {2) The commission shal.l subject to the provisions of sub-section ( 3) be entitle_d to prescribe the terms and conditions for ±:he determination of the licensee's revenue .and .tariffs by • regulations duly published in the. Official •Ga"zette and in such other mariner· as the Commis-1.v,1 Considers appropriate: Provided. that in doing so · the CommisSion shall be bound by the follow- ing parameters:-- (aj the financial principles and their applications provided in the Sixth Schedule to the Electricity (Supply) ·Act, 1948 read with sections 57 and 57-A of the said Act; 282 {b) the factors whi0h-wou1de?ncouragla'-. ef£icienC11 1 economic. use of the resources, _gOOd performance, optimum investments performance of licence conditions and other matters which the· commission considers appropriate keeping in view the:salient objects and purposes of.the provisions of this Act; ·and (c) the interest oY the consumers~ {3) Where the CommiSsion, departs from factors · specified in the Sixth

Schedule 0£ the Electricity' (Supply) Act., 1948 while determining the licensee$' revenu~s and tariffs,it shall record the reas~ns therefor in writ~ng: {4). Any methodology or procedure specified by the Commission under sub- s-actions (1), ·(2), and (3} above shall be to ensure that the objectives and purposes o·f the Act are duly achieved~. ( 5) Every licensee- shall provide to the Commission in a format as specified b'J the Commission at least 3 months before the ensuing ,financial year full details of' its calculation for that financial year of the expected aggregate revenue from charges. which it believes it is pe.rmitted to' recover pursuant to the terms of its licence and thereafter it shall furnish such further infomatipn as the Com:miss_ion may reasonably require to assess the licenSee's calculation. Within 90 days of the date on· which the licensee has furnished all the information that the Co.mmission requires, the Commission shall notify the licensee either-- 283 (a) that it accepts the licensee's tariff-proposals and revenue calculations, or (b} that it does not consider the licensee's tariff proposals and re.Yenue calculations to be in accordance with the methodology or procedure in its ll;cence, and such ·notice to the licensee shall,-- " ( i) specify_ ft.illy t;he reasons why the Commission considers that the licensee's_ calculation does not comply with the methodology or procedures ·specified in .its licence or is in any way incorrect, and · (ii} propose, a modification or an alternative calculation of the expected revenue from charges, which the licensee shall accept. C6,) Each holder of a- sup;,ly licence shall publish in the daily newspaper having circulation in the area of supply and make available to ·the public on r_e.quest the tariff or tariffs for the _supply of · electricity within its licensed area and such tariff or tariffs shall take effect only afte·r seven days ·from the d~te of such publication: (7) Any tariff implemented under this section,-- (a) shall not show undue preference to any consumer of electricity, but may differentia:te accqz,ding to the consumer• s 284 load f ac!tor or power factor, th€: oonswner' s total consumptiqn Of energy during nny specifi~ period, or the time at which supply is required; or paying ·capacity of categocy of consumers and ne~ for cross-subsidisation; tb) shall be just and ~= reasonable. and be such as to promote economic -efficiency in the supply and consumption ot·eJ:eetrioity; and {C) shall satisfy ail other reievant provisions of this Act and the conditions of the relevant licence. {8) 'J!h& Conunission also shall endeavour to fix tariff in such a manner tha~, as .far as possible, similarly placed consumers in different areas pay similar tariff. \ { 9 J No tariff or . part of any tariff ~equired by sub-section ( 6) may be • amended more freg'.uently than once in any .financial year ordinarily except in respect of any · changes expressly permitted UIJder the terms of any fuel surcharge formula pres:c:ribed by regula- tions. At least three months before the proposed date for implementation of _any tariff or an amen&nent to a tariff -the -· licensee shall proVide details of tt::+e proposed -·~ tariff or amendment to·a . ta.riff to the commission~ together -with ·such further information as the Commission may require to determine whether the tariff or amended tariff would s~tisfy the 285 ·-------........._ provisions of sub-section { 7) . If the comm.ission considers that the. proposed tariff or amended tariff of a licensee does riot satisfy any of thti pi-ovisions of sub-section H), it shall, within 60 " days· of receipt 0£ all the information vhich it required, andafterconsultation with the Commission Advisory Committee -and· the licensee, notify the'- li,censee that the- .proposed tariff or amended tariff is unacceptable to the C011Un~Ssion and it shall provide to the licensee· an alternative tariff or amended ta~iff which shall be implemented t:f:i \ the licensee. The licensee shall not aniend any tariff unless the amendment has b~en approved by the Commission. (10} _Notwithstanding anythi~g contained in sections "57-A and 57-B of the Electricity (Supply) Act, 1948, no Rating Committee shall be constituted after the date of this enactment and the COtumission shall secure that licensees • comply wi~ the provisions of their licences regarding their char9es for the sale of electricity -{.both wholesale and ·retail) and for the connection to .and use of their asSets or sy$tems in· accor- dance with the provisions of this Act. Explanation;- In this section,- {a) "the expected revenue from charges II meanP' the total revenue which a licensee is expected to recover from 286 charges for the.level of forecast supply used in the determination under sub- section ( 5) above in any financial year in respect of goods or services supplied to customers pursuant to a licensed activity; and · (b) "tariff" means a schedule of standard prices or charges for specified serV'ices which are applicable t6 a.11 suet! specified services provided to the type or types _Of customers specified in the tariff notification.· Finances 27. (1) The State _GoVerrunent may -from of time · to time make subventions to any licensees. licenSee for the purpose of ~ sub_- section {3) of section 12 ·of this Act or the Electricity (Supply j Act, 1948 for such amounts as may be recommended . by the Commission and on such terms and conditions as the State· Government may determine; (2J The State Government· may from time to- time advance loans to any licensee or Generating Company which for the time be;ng is wholly or p~rtly owned by the State Government on such terms and conditions, not inconsistent with the provisions of this Act or the . Electricity (Supply) Act, 1948, as the i State Government may determine. 287 {3J The State Government may guarantee in such manner as it thinks fit the re- payment of the principal on the payment of interest ( or both) or any loan proposed to be raised by any licensee or Generating Company·which is for the time being wholly or partly owned by the State Government or the dischar~·e Of any other financial oblisiation of any such licensee or Generatin·~ Company • • { 4) The State GoVernment shall be entitled to inspect and veruy the accounts of every licensee or generating company obtaininy the benefits under sub- sections ( l) t 2) and l 3) of this section. PART - IX COMMISSION'S POWER TO PAS'S ORDERS AN~; ENFORCE DECISIONS ' 28. (l} Where the coinillission is satis- Interim fied that a licensee is contravenin~, or· orders is likely to cOntravene _any relevant for condition or.requirement of its licence, s_ecuring it shall by final order under section 29 compliance and, if· it thinks it 'appropriate., in accordance with sub-section (2l - by interim order under this section, issue • such -directions as it deems proper · for• secur~ng compliance. ( 2) In determining whether it is appr9priate that· an interim order be made, the Commission shall have regard, in particular , to, - (a) the extent to which the con- traventioll· or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act; 288 {b) the extent to which any person is likely to sustain loss or _damage in consequence of anything which, -is likely to be done, or omitted to be done:t in contravention of the relevant -condition or. requiremE?nt, before a final _order can be made; and · (c) the extent to which (having regard to the fol.lowing provisions of this section) there is anv other avail- able, remedy in respect 0£ the alleged contravention of a relevant condition or .requirement. (3} If the commission proposes to mate an interim order, it shall give notiee to the licensee-~ (a) stating that it proposes: to mak~ the order; lb? setting out,- (i) the relevant Conditions or re- qu-irements which the proposed order is intended to secure compliance; (ii) t.he acts or omissions which, in its opinion constitute ~ontravention '"of that condition Or re'quir-e.ment; . ' {iii} the ·other facts which irt it·s opinion, justify the making.of the pro- posed order; a~d {iv) the effects of the proposed order"' 289 ( o} specifyin9 the period ( being not less than 5 days from the date of notice) within which the licens-ee may make representations· or objections to the proposed order. · (4) Subject t,o sub-section (5), having· coJ?,sidered any representations or objecti~ns from the licensee pursuant.to clause (cl of sub-section (3) the • Commission may make"' an interim order at any time after ex~iry of the period referred to in sub-section (3}lc}, if,- ' (a) the Commi.Ssion has reason to believe that the licensee to whom· the order relates has contravened or is con- travening or is likely to contravene any relevant condi~ion or ~equirement; and (b) the provisions ~de by the order are requ.i$i te · for . the purpose. of securiny compliance with that condition or requirement. • t. 5} The Commission may not make an interim -order if it is satisfied that the licensee has agreed to take and is · taking all such steps_ as the Commission- considers that the lioensee should take • to secure compliance with the cOl'ldition or requirement in question. (6) an interim order.~ ( aJ shall rEequire the licensee to whom it x-elates ·(accordin*i:f to the cir- cumstances of the case} to do~ or not· .to do, such things as are specified in the or~er. Or are' of a description so specified; 290 (b} shall take effect from such time, bein1i ·the earlie$t practicable · time, as is determj.ned by the order; and ( c) mar be revoked, mod.if ied or rescindeq at any time by the commission, but in any e,v,ent . shall cease to · have effect at the end of such period as is stated ill the: order unless the Commis- sion is at that time ·following the procedure set out in section 29 to declare the interim order to be a final· order .. ( 7) As soon as practicable after making an interim order, the Commission . shall-- (a) serve a copy of the or~er on the .licensee to whom the order ~elates; (b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the atten- tion of persons likely to be affected by .it; and (c) commence proceeaings to declare th-e int·erim Ot;ders to be a final Order in accordance with section 29. · 29. If the Commission prOposes to make a final order-or tc declare an interim order to be a final order, the c.:ommission- shall give notice,- fa) stating that. it propctses to make the final order or to declare the int~rim order to be a final order; 291 (b} setting out the information referred to in clause (b) of sub-section (3)- of section 28 in respect- of the proposed final order; and ( c) specifying the period ·lheing not less t[lan 60 days from the dp.te of publication of the notice) within which representations or objections to ~he • proposed order may be made; ,and shall conside.t' any representations or objections that are duly made and not withdrawn. The 'Commission shall pµblish notice 0£ such representations ot objections .and specify a period {beingjnot less than 30 days from the date of publication of the. notice} Within which further representa- tions or objections may be made. ( 2) A notice under sub-section_ {1 }, above shall be given,- (.a) by publishing the notice in such manner as the Commission cons~ders a;ipro- _priate for the purpose 0£ bringing 'Che " matters to which the not.ice relates to the· attention of persons likely to be affected· by them; and · · · • (b) by serving a c:opy of the notice, and a copy_ of the proposed final order on the licensee to whom the order relates. { 3 J The Commission shall not modify the proposed .final order as a r_esult of any representatio~::. or objections re- ceived following publication of the notice referred- to in sub-sect_ion (lj, . except~ . 292 {a) with the consen·t to the modifi- cation of the licensee to whom the pro- posed final order relates; and (li) after complying with the re- qulreme~ts· or Sub-section(4) below# ( 4) The· requirements mentioned in sub-section { 3) above are that the Commission shall;- la) serve· on· the license&.- to whom the proposed - final ord~r· relites sUCh notice as appears -to the- Commission requisite of its proposal to modify the propose~ final order,, together with details Of such modifications; . ' lb) in that notice 'specify· the period (being not less than.· 30 days from the date, of the service of the :o,otice) within which representations or objec- .. tions to the proposed modifications can be made; ·and {c) consider any representations or objections which are duly made and not withdrawn within 10 days of, the receipt thereof. tS} The provisions of clauses (a) and {b) of sub-section:· (6) of section 28· shall apply to final orders. { 6) As soon as practicable after making a final order, the Commission shall with respect to the final ord~r, £ollow the procedure set Out in _c;lauses (aj. and {b) of sub,..seat.ion {7J of section 28. 293 ( 7) The Commission may revoke a final order ,at any time, but before revoking a final order the Commission ' shall give notice,- ,. (a) stating that it proposes to r.e-voke the_ order and setting out its effect; and ' (b) specifying the period being not less than 30 days from the date of delivery of the notice within- which re- presentations or objections to the pro- , posed publication may be made, and sha1l _consider any represeniations or objec- tions which. are duly made and not with- drawn within 10 days of the receipt thereof. - · ( 8) ' If, after g1.v1.ng a notice under sub-section (7) above, tOe commission decides not to revoke the final order to which the not.ice relates-, it shall give hotice of its decision to the concerned " pers~ns.· {9) A· notii:e under sub-section (7") or t 8) above shall be given by the pro- cedure set out in clauses ta) and (b) of sub-section (7) of section 28. 30. (lj W1thout prej,Idice to secti.on __ }';ffect 46 of this Ac::tz a11· orders and.directions, and_ interim or finals passed by the Commission enfo.rcem:mt shall be enforceable in law' as if· ·it of Interim we:re a decree pa'.ssed by a Civil Court.. ~d F.ina.J. Orders and ...__ (2) The . Commission shall be entiiled • pe:rJenicy s on r..vtake such assistance 0£ _the pol;i.ce . · and other authorities in the State re- quired to effectively enforce the orders and directions given by.the Commission. 294 (3) The Commission shall be entitled to give directions for vesting of the management and control of any undertakin9 of the licensee with the assets, interests and rights of the undertaking .. with any other persons or authority pending any inquiry and passi:ig of interim or final ordrs in the matter, if .the Commission consiaers, taking into account the objects and purposes of this Act and the need to maintain continued supply of electricity in an efficient and safe manner to--the coni:mrner, it is necess~cy _ and expedient. to. pass sucil orders or directions. such directions or orders shall npt be questioned on the grolll\d · that- no prior notice of or- hea:r1n9" on the intention to pass· the order 'or direction was given to. the licensee.~he Commission shall however qi ve oppor·tuni ty to the licensee and bear the licensee before passirig further orders in te=ns of sections 28 and 29 of this Act. · Fines and 31. {1) The Comm.issioi.i shall be Chal':ges 4 entitlei to impose such fines and charges as may :Oe pres·cribed by· the Commission in th~ regulations for non compliance Or violation on the part ·of the Generating Companies, licensees or other persons, of. the provisions or requirements of ··this Act Or, rules and · regulations framed thereunder and direc- tions or orders of the Commission made from time to time. The fines which the commission shall be entitled to im,Efose may extend up to Rs·. 5;00,000 (five lakbs) for an act of non-compliance ox: violation and a further amount not, exceeding Rs9 20~000 (twenty thousand} for nery day during which the non- compliance or violation continues.- 295 (2) T:le Corr.mission shall~ while making an intezim or final orders under this ,Part,· shall be entitled to diiect compensation to be · paid b:t the . person guiltY of violation· or non-compl~ance as provid.ed- in sub-section (l) to the pe+son· or persons affected by_ such vio- lation or non-complianc~~ • " · (3) The fines, charges and .con;pen-. sation which may he ·~mposed by the Commission _under th'..is section shall. be in addition to and not ·in derogation o~· any other 1?,.ability,. which the p,ersOn · guilty _of violation or -non-compliancet may have i~curred. 31. A•. The generating company{ies) Gene.ral . shall comply with the. ·regulations that C'Qntrol :...ay be fx-aw.eC. by the commission concern- of tile · ing the operation and maintenance of the coarnssion. power system and· elect-ric - supply lines _- in an efficien-:. and econom,tcal manner. PART - X ' . .ADVISORY COMMin&E, CONSUMER CONSULTATION 32. (1) The commfs~ion shall costitute Comission a Committee to be knCwn. as the commission Advisory AdviSo:ry Ccnnni':.tee, -in consultation -with·'Comittee. the-State: Government whi.ch.shall' consist of such numhsr of person~ being not less than 15 ·and nOt, more than 21 · as the Con_un4,ssion may appoint after· consultation with such re-oresent.atives o:r. bodies ·re- presentative - of the following interests as the Commission thinks fit, that is to say,· holders of supply . licenCes in the State# holders -of transmission liceriCes · J. 1721!/20 · 296 in the State, generating companies operatiny in the s·tate, Commerce, Indm;-' try, Transport, Agriculture, Labour employed in the electricity supply industry and consumers of electricity. (2) The Chairman and members of the Commission shall be ex-officio Chairman and Members of the Cominission Advisory Committee. -- ( 3) The term of the members of adyisory Committe shall be for a period of three years and one third of the members shall retire annually. ( 4) The Commission Advisory Committee shall meet at least once -in every three months. · ·l 5) The functions of the_ Commission Advisory Committee shall be as follows:- (a) to advise the Commission on · major questions of policy, relating to the electricity industry in the State; and (b) to-advis~·the Commission on any matters which the Commission may put before it, including matters relating.to the qu·ality, continuity and extent of service. provided by licensees;- a'nd compliance by licensees_ with the condJ.tions and· require111ents of their licences. Consumer 33. (li The Commission may, after protec- consul tat ion with (a) holders of supply tion; licences, ( b) other persons or bodies standards ap~earin~ to the Commission to be repre- of i:ie.rfor- sentative of persons and r;ategories of man~,.. persons likely to be affected and ( c) the Commission Advisory. Committee, frame rec;ulations prescribins:- · Ia) the ·circumstances in which such licensees .are to J.riform consumers of their ti:ghts.i ,(;bJ ';!ihe :standards of performance. in relation :to· a11y ,duty arising 1lnder sub-' section ;(,a) abo:v:e or otherwise in · connec:ti:on .w'.ith :the electricity supply to the consumers; .and ( c·) the ci.rcnms:-:ances '·in · which licensees are.· to be ex·empted froin ·,any requirements of the re;;i.1lations or ·this. · section and m&y raake di::i'erent provision. for .different licel'ls.ees. ( 2 ). Nothina in this section or .ot:her prqvisions of, t"his Act sha1.l in any wa::1 .Prejudice or affect the rights and· privileges of the Consumers :rnde)C other laws including. but net lirai.ted to the •, Consumer Protection Act, 1986 .. 34. ( 1) The C~inmission may, after Electricity consultation with the licensees, the supply; ,Commission Advisory Cooittee, and w i t h ~ ·persons or bodies appea.ring to it to be or- representative of pers8ns likely .to be mance standards. affected, from time to.time,- . · (a) deten:u.ne s~=h standards of ' overall performance in connection with the provision of electricity supply '','services and in connection with the promotion of the efficient use of ~1 7ctricity by consw;;ers as, in its opinion, is economic and ought to be achieved by such licensees; and 298 -{b) arrange for the ·pubi1.cii.'ti0Ils,. in such form and in stich manner as i 1:. ·considers appropriate, of the standards so p.etermin_ed. . {2} Different · standards may be determined under this section,for diffe- rent licens~es. Infonna- 35. ·u1 The Commission shall from tion with time t·o ·time c.ollect ·information with respect to re~pect_ to,- Levels Of- . Perfor- {a) the fine~ or penalties levied mance. on licensees under this Act; {b) the level's of overall ·performance achieved by such licensees ..in corinection wi_th · the transmission and provisiOn of _electricity supply services; and l C:1 the revel~ of performance achieved by such licensees in connection with the promotion of the efficient use ~ of eleCtricity by consumers~ · {2) On.- or before .. such date in each year as may. be specified .in a directioii given by the Commission,· each· licensee shall_ furnish to -the Comniission the following iriforma:tion1 - • ( a/ with respect to each standard prescrib.ed the. number of cases in which a penalty ·was levied and the- aggregate amount.of value. of those penalt~es; and {bj with· respect ·.to each, standard. determined such information -with resp_ect to the level of pel:formance achieved by the ,licensee as may be so specified. {3) The Commission shall, at least once inevery year, arrange for the publication, in such form and in such n,anner as it considers appropriate, of· such of the information collected by or furnished .to it under .this section as may appear. to the Cqmmission -to be so re4.uire!d. ' 36. ll) Subject t·q the provisions of Restric- this Act, no ihformation with .respect to ticin on , any particulaz business \1hich in the dlsclOS\lm opinion of the comission is of infor- confident.ial; and 1Mtion ta} has bi;!:en obtained by the Commision, unde:- or by virtue of any _of the ·provisions of this Act; and ·. {bJ relates to the affairs -of any individual or to any particular busin·ess,. • shall durlng the lifetime of that individual or for so long ~a that partiou.;.. lar business continues to be carried on, be discioseG by t.b.e CommfSsi_on without the consent of tha~ individual or the person for the time . being .carrying on that business. {2) The restriction contained in sub-section (1) above shall nOt apply to a.ny· disclosure o.f information which is made:- ta) for the purpose of facilitating ·the carrying ·out by the State Gov!trnnu,mt of any of its function.&- und~I'. a statute; (b) for ~e purpose of facilitating the carrying out by the Central Government 300 0% anY -of its duties·- ox: z : ~ s ~un,t1.:r this Act or any Central legislation; . . . . (c) for the pur.pose of. facilitating t:1~ Accountant General~ Andhra Frades;b to carry out his dut;i.es and functiQt\s under this Act; . ld) for the purpose of enabling or assisting any compe~ent person to carry- out functions under the enactment relatin9 to insolvency;· '(e).in .connection with the investi- g:a1;ion of any criminal offerice or for the p'O.l.'wses of any criminal proceeding$; or (f) for the purposes of any civil prooeedinys. brought under or by virtue of 'this Act or any other State or Central legislation tq ~hioh the infor- . m~tion is directly releitant. - t 3} 'l'he restrictions, contained in sub-section (l} above do not apply to the disclosure of any information ~elating to t~iff. PART XI . Al!lllTRATlON AIID APPEALS Arbitrauon 37. ·(l} Notwithstanding anything con- bytbe tained in the ,Arbitration ·and .Concilia- commission. ·tion Act, 1996, any dtspute arising between C\ffltr.al. ~ licensees Shall be referred· tO the ,,.._. li at · Commission.. The Commission may· proceed to ·act as. arbitrator or nominate arbitra- tor or arbitrators to adjudicate and settle such· dispute. 'l'he practice or 1 301 proceau.re·to· :oe · ·roi-1o~ed-in conne_ction with any such adjudication and_ set:tlement _shall be suc;h .as may be prescribed by, regu_latioJ1s • • (_ 2) Where the award is made by the _arbitrator appointed ,by_ the Commission it shall be filed before ·the .commission and the Commission shall be entitled-to pas_s appropriate orders on the award including orders to,- ( cl} ·confirm and enforc_e tlie award; (b) set aside or mo·dify the award; or (c) remit -the award for r~considE!ra- t~on by the arbitrator. {3) The award given b:l,•' the Commission - under. sub-section (1) or the order passed by the; COmmission untie= sub.:..s~ction ( 2} shall. be a de~ision 0:r ·order of the Commiss'l:oit and shall he aooealable as provid·ed, in this- Act... ·- ~ ( 4 J, An, a~ard- made 0r an order passed .by the commission. under sub-s·ec.tfo'n t· 21 shall be,- enforcea1l:rlei as if i t ·were a: , <fecree of·· the C!!ivil. cOur.t. · 38. Notwi_ths"t!inding the ·prov:-isionS of Ap_pe~s sub-section ( ZJ of· sec.tion 3'6- of the· fro~- . Indian Electricity;'. i.::=t,. 1910 in: the de~ons absence of any e:i:cpress- ·p_rovisiori to, the- of __Eiec-,. contrar.y in the lndiar. Electricity Act·, trtcal 1910 or .the Electricity· (·SiJ.J;!ply}'. Act, Ins~ctor~- 1948, or any rule ma=.e thereunder, an appeal: shal·l lie from the- decision of an Electrical Inspector · (other. than· an Inspector 0£ · the Central · Government or the Central Electricity Authority}. to· the Commission· or to an arbitrator- to be · a}?point~ by the Commissi·on in terms of section 37:·. 302 Appeals 39- A person aggrieved by any decision against or order· of the. Commission. passed under the this Act may file. an appeal to the High • orders of court of Ar.dhra Pradesh within sixty ' the , days from the date of communicatiOn of Comission~ the decisiOn or order of the Commission to him, on guestions·of law arising out of such order: Provided that ·the,Hi~h.Court mayt if it is ,sati.S:fi8d ~ thAt the ·appellant was prevented l.ly Sufficient cause .trom -the filing the appeal within the-said period,. allow it to be filed within a .further period not ekceeding thirty days. PART - XU OFFENCES lll!ll) PEIIALTIES Penalty . 40 ~ Whoever -in contravention of t:1.e for provisions of this Act or the regulatio~s _contraven- framed under this Act or the p.rovisio~s tion of the indian I:::lect?:icity Act, 1910 or of the Electricity (Supply} Act, 1948 or sect.ion 1.4 .. the rules framed under the said Acts, engages in the business of Transmission o~ supply or Q,se of en.~rgy, shall be purl.ishable with impriso11+l,l.ent which may extend to one yefl,r or -with penalty hy Way of fine - which may . extend to Rs. 5,00,000. (five< lakhsJ . or both and further- peOalty which may extend to Rs. 20,000 (twenty thousands) fo;r each day after the first . during which the off~nce continues. 303 41. If any licinsee or other pers-on · Pe"riiitfes refuses or fB.ils witho_ut reasonable for excuse to comply with or give effect to, contraven- any- ·direction., order or requirement made- tion under. any Of the provisions of th"is Act of he shall be punishable with impris~nment other which ma,Y extend to si:X months or with provisions~ p~al~y by war of, f~ne which may extend • to Rs~S,Ot,000 {five lakhs)or both and·a further penalty which may extend" to Rs.20,000 (twenty thousand) for each day after the first durihg which the off'ence continu·es. 42·. (1) Where an offence under this Offences Act has 'been·1committed by a company 'every by _person. wli-o. at the time the .offence was CO!Jpanies~ cornmitt~d, was in- charge of;· and was iesponsible to the company for tpe conduCt of the busi-ness of the company, as well as the comp~ny, sh_all be deeriled to be guilty of the offence and shall be liable to · be proceeded agai_nst and Punish~d accordirg1y: Provided that -nothing contained in this sub-section shfill render any such ~ person.· liable to any punishlru;mt if he proves that the 0:fff;:lnce was -committed without hiS knowledge or tha·t he had exercised all due diligence- to prevent the commisSion.of such offence. {2) NOtwithstandin~ anything contai- ned ,in sun-section (1), where an offence under this Act, ~as been committed by a company and it is proved that the offence has-' been committed with the consent· or connivance of,· o:r is attributable to Any 304 neglect on .the part of,- any director, manager, s~retary or' other officeY of the company, such director, · manager, secretary or other officer shall also be deemed to be _guilty of that offence and shall be liable; to be proceeded against 'and punished accordingly. , For the purposes of this sectiOJ!. {a) "•company" means a body co_rporate and includes ,a. firm or other association of individua:lsf and- (b) "di.rector• in relation to· a -- to firm, means ot partner in the firm. 4l. The Commission mat for reasons to be record'ed in ~«iting either before or after.the institution of proceedings o ffences .. compound any · off,ence · :relating contiavention of ariy. order made by it·. to 44. (1) No.Court _shall take eogn.t- ·· of 2ance of any offence·· punisha.ble under offences .. this Act except · upon a complaint i=n writing made by an off.fcer of·· the Commission, - ·geneJ;"ally o:c: specia.l:ly authorised in ~ s behalf: by the Commission arid no Court other than- that of a Metropolit_an Magi~trate o:z;- a -Judicial Magistrate of First ·i:tass or. a iCourt superior thereto shall · try ariy such of fence.. . ·(2) Notwithstanding anything.' in the eentra].· COde of Criminal procedu.r:e, 1973 tlle Co\ll':'t Act 2 of may; if it sees .reason _sq to do, dispense 1974. -with the personal ~ttendance Of. the officer - of the· Commii:osion filillg the complaint. 305 4S. The, p:r:.:oceedings a:nd acti ons· Penal.ties under thh· Act agains.t.: a. · ,Per :son and contravening the provisi'mls of the Act ~ or orders pa:as.ed by the erimmi.ssion s·na11 di:ngs be in ad<l!i,1::ion to and ·w.iithou.t piaju dice not to to actions that may ._be initiated t'mde'r prejtldice other .Ar:1:;s -including and -in parti<.;ul.ar 0ther ' under the -Indian Elec.~icity Act, l.9"10 aetitms~ and the Elec;txicity (Supply) Act., ~8 • • · PAA~ IlII --· l!ISCELLA!IEO!!S 46 .. The COmmission shall be .entitled to recover all sums due io it under thiS o f fees, AC'i:, whether by way of licence., fees or fines and fines and charges., in accord.:lnce with the provision·s o.f the ;\\.niihra Praclesh " Re:venuE: Recovery Act, 1864 as if any sucb .A.P. Act II. sum: we:1:e a public demand as defined in of 1864. that Act and ·hand over the amount due to the person or ~uthority conoern:,ed. 47. The Comm.is_sion· or court i.raposing Application the fine a.nd charges under this Act may of f.tne dire.et that the whole or any part iUUl . thereof shall be applied in or- towards cimrges._ • payment of th~ costs of the proceei;tings a 48. The l-icenSiee, Gene.rating uo··pare - . Comoanies and others on who.:x tlie fines, ;~ the chaige~# penalties are imposed under ~ this Act shall not, directly or ~ penalties · indirectly 1 - pass the same to the :unposNJ consumers · in the fo:rni of tariff or to be charges paycible.. passed OJl 306 Protection . 49. No suit or lego3.l proceedin9s of action shall lie against the commission or the taken. in. Chairman Or other members of the good Commission or the staff or represen- faith. tatives of the Commission in respect of anything which is in good faith done or intended to be done· under . this -·Act or any rule or regulations or order made there"under. Bar or SO. No order or proc~eding made Juris4ictioo. under this Act or rules or regulations framed under the Act shall be appealable except as provided· in the Act and ilo Civil court i"ncluding under the Arbitra- tion and Conciliation Act, 1996 shall have jurisdiction in rE!spect of any matter whiCh the Commision or the Ap[)ellate Authority under the Act· is empowered by or under, this Act. Power 51. (1) If any difficulty arises in to remove giving effect to the Provisions of this difticuJ.ties. ACt_ or tb.e_ rtiles,. regulations, scheme or · orders made thereunder, · the State Government may by order published in the Official Gazette, make su·ch pro'!"ision, not inconsistent with the provisons· of this ·Act _as appeclrs to it to be· necessary or eXpedient. for removing __the difftculty.· · , 2) Every order made under this section shall, as soon as may be after it. is ·made, be laid before the- State Legislative Assembly.· Proceedings before the · 52. All procee-dings be_fore the Ccamission Commission shall be · deemed to· be to be judicial pro~eedings within the meanina 0 Judi.cial Procieeduzgs. 307 of sections 193, 219 and-_ 228 of the Indian Penal Code- and the Commission shall be deemed to be a Civil Court for the- purposes· of section 195 and Chapter XXVI of the Code of Criminal Procedure, • 19,3 • 53. The Chairman 1 · other . members and Members offiCers and Other _employees of the and staff of • commission appointed for carrying out Colllllli.ssion the objects and purposes of this Act t b - sh2ll be deemed to be public servants O . ~ within the meaning of section 21 of the publ.1.c Indian Penal Code . servants· 54. (l)· The comrnisston may make ·Power to regulations by - notification in the make Official Gazette, for the proper regulations. performance of its· .functions -under this Act. ( 2) · In particular and without prejudice to the generality of the fo~~going provisions and matters SJ>ecifically provided for in this Act, such ·regulations may provide for all or any of t_he following matters, namely,- ·(a} the administration of the • affairs of the CommiSsion. incl-uding the exercise .of its administrative·, guasi- juC.icial and juqicial powe::s· i'ncluding arbitration allci procedure for · si.muaoning and holding of .the me_etings of. the Com- mission the times and places at which such ·meetings shall be held,~ the conduct of the business thereof. (b} the duties of the· secretary, · officer·s and employees of· the CoIIIIill.ssioi-i, their salaries, · clllowances and conditipns of service~ {c} determination co£ ·the fwicf.iom;- ',::.c::, !le ass·igned to li-ce11sees and oth=:..'"'5 involved in the generation·, purchase:_, t.ransmis.S.ion, distribution and supply of ;;~lectricity, the: inanner ·i"n which s11:::h 1:ur:,_ctions shall be discharged and "the p1:a.;:e4ure and · code to :he adopted in regard to power_ system ·;_and electric supply lines; . ( d) the p:i:ocedur·e £-or Jiicensing of tra.'1smiSsion .,and sllppl.y, -:the ceondition.s fer the grant ,of .licenses anaw-.articu!ars, det.ails and documents U) ,be I=.de .avail~ble by .t~ pers'ons .app-1:iying for -:the licence, ·;th.e s·tandard :ana gene::-al :conditions' Su-Jj)jj.e_ct to which the licence ,shall be grao:ttf:1tl;, the exemptii:on :f::-om ,giant of lic~:JWvocatiOn ana·,amend- :"men't and effect· ·,t-h_e:a:-eof, of ths Jlice:;ce :and .:all mci:tters ~l-ated to the .aliui>.v.e; ((~e) the duti~s, !Powers, _rights and obligations of the licensee j ,.(£} the partic.ul.ars to be furnis!'-e:d, the , .collection of .informatiori, details, par~iehlars.documentJs,accounts,books an.d other records from or of the Persons . _involved i_n the generation, transmiss!on. dist=i.bution1 _ supply and use of electricity the form and manner in· \•:::ich· the same are to be_ furnished and enforcing ·and compellin9 the production of .the same; (g} method and manner of determina- tion of licensee's revenues, tariff fixation, the matters to be considered in Such .determination and Iixationj 309 Tli) --Hfei -cbffs·1:i"t:ution·, of the Commission Ad:isory Committ.ee; {i) the determination of the standard of performance of the! persons involved in the generation,transmission, 1,_ distribution and supply of. electri~ity in_the State; • {jj the .-amotint of fines, _ and penalties to be imposed for vioiatiOn of provisions of t~is Act including the method and manner of irnposi tidn of. fines and· penalties- and collection of tha same; (k) the regulatioil of"· the !;)roperties, assets and interest in the- properties· t;se:d for or in connection . with the electricity inC.ll~try ill the State; (1) any other matter which is required to be or may be prescribed by :regulatio_ns. 55. (1) The state Governitlent may by Power notif.lca-=.1on make rules to carry out its ·to make £unctior..s under th~ pro:i:isions bf the Rules. .. Act. . ( 2} In particular and. without prejudic~ to the ger.e::-a.ri.t_y of the· ~oregoing .'pov;er and matte:.-s specifically provided for il_l this Act, sgch rules may -provide for all or any of the followi~g matters, namelyJ~ (a} the procedure to be adopted· l?Y the selectio!'l committee for discharge_ of functions· under, the Act 1- 310. (b). the preparation and implementa- tion · 0£ · the _transfer scheme, the transfer of assets, '.liabilities and personnel to Generating Companies licensees and others in -the ·state; (c} the financing, -funding ,-giving of guarantee -to the persons i~Y_<?!-~-~p:. " in the g_ener.ati~n, trans~~sioi:i, distribution and supply of electricity 1n the State; and · (d) any other n.atter requir·ed to be or may be prescribed by rules. ( 3) Every rule made under this section shall immediatly · after it is· mad~ be _ laid . befoi:-e the . LegiSlative AsemJ?ly ·of the State if it is in session and if it is not 1n ··sess_ion in the sess,i·on immediately following . for a total period of fourteen- days ~hich may be _:::Comprised in one session or in two suc·Cessive sessions and if before the· expiration of .the s·esSion in which it is so .laid or the session immediately following the Legislative Assetijbly agrees in making any modification in the rule or in· the annulment of the rule the ruJ,e shall from the date on which . the modification or. annulment is notified have effect on1y iri such modified forni or shall stand ·annulled as the case may ' be so however that any sUch m"Od1fication or an~ulment shall be without prejudice to the validity of anything pr'eviously done under that rule. 3i1 PART XIV EFFECT ON EXISTING CENTRAL LEGISLATION • Effect 56. (1) Except as provided f th ' ~~--- sec'!=,~on _ 57 of this Act, the· :et e provisions of this Act, notwithstanding on the that the same are inconsistent with · or Indian contrary to the provisions of the Indian Electricity Electricity Act, 1910 or the Electricity Act, 1910 ($upply) Act, 1948 shall prevail in the and the manner and. to the extent orovided in Electricity sub-section(J). - (Supply) Act, 1948" (2) Subject- to sub-section (1) in respect of all matters in the Indian Electricity Act, 1910 and the Electri- city (Supply} Act, _ 1948 with which Andhra Pradesh State Ele=t:dcity Board has been concerned or dealing_ with, upOn the constitution of the Cor.i...-:,ission, the functions of the Board shall be d_ischarged by the Cornrni.;lsion .and the APT~SCO: V ' Provided that,- (a) the Sta_.te Govern...ient shall be • entitled to issue al:i_ policy directives and undertake overall planning arid co-ordination as specified in section 12 of this Act and to this extent the powers and functions of the Andhra Praq.e·sh State Electricity Board as per the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or· rules thereunder shall vest in the State Government and the State Government shall co-ordinate and deal with the Central Government .and the Central Electricity Authority; J. 1728/21 31?. · / · (b) i.n respect of such matters which - the Commission directs in terms of a general or special - or.der 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 functiorls of the Board under the Indian Electricity Act, 1910 and the Electricity (Supply) Act4 1948 to the extent directed by the Com.mission or specified in licences. ·'{3} Subject to sub-section {l) and r ( 2 of this section upon the establish- ment of the Commission the provisions'· of the Indian Electricity Act, 1910 and the Electricity (Supply) Act 1948 shall in so far as the State is concerhedr shall be read subject to the following modifications and rese:r:vations. JNDIAN ELEC'l'RrCI'rY ACT, , l9l0 (i) All references to . Stat~ Electricity Board in the Indian _ Electricity Act, 1910 in so far as the ·State· is con,cerned shall be_ read as reference$ ' to the l\ndhra'. Pradesh Electxicity Regulatory Commission or APTRANSCO or other licensees or wherever . .tt relates to general -policy matters to the State Government; (ii) Iri respect of matters provided in sections 3 to ll, 281 36(2), 49-A, and 50 & s1· of the Indian Eleetric~ty Act, 1910, · to the ~tent this Act has made :~ si;,ecific provisions·, the provisions_ of the Indian Electricity Act·, 1910 shall ~ot apply in the State; 313 ' (iii) The provisions of all otn.,_ ~sections of 'the Indian Electricity Act, 1910 shall apply except t:hat,- (a.) the term •1icence• ~ •licensee•, "license holder• shall have the meaning as defined under this Act and· the licences shall be construed as having been isSued under ~!):i-S Act; . · • (b) the reference to the section• of the Indian Electricity Act:, .1910 and the Electricity (Supply) · Act, 1948 in the provisions of the Indian Electricity Act, 1.910 shall be taken as refe:rence to the corresponding provisions of this Act to the extent modified l::Jy_ the said Act; Cc) the -refereiice to - arbitration these prov;isions except where it ia by in: the Central ElectricitY Authority shall be taken as reference to the proceedings under section 37 of thi·s Act ~d. the arbitra'.tion procedure .prescribed under the Indian Electricity Act,_- l:910 shall [,' no-t ~pply. (iv) The Schedule 1:o the Indian Elect_ricity Act, ·1910 sh.all be applicable only with reference tO the • . provisions in ·this Act wherein the applications of the Schedule a.re specif.ied and not otherwise; ll)'..EC'l'RICI.'.l'l! ,, -, ; (SUPPLY) ACT,- 1948 (v) All references to State Slectri:... eit.y .l!oud in the IUectriQity (supply) j\ct, 1,48 in "" f,n;: •• tqe: State of lmdhra Pradesh 1$ · conce,:Dfid ahall be 314 read as reference . to the !l.ndhra Pradesh Electricity Regulatory commission or AP~RANSCO or other licensees or where it relates to general policy matters the State Government; (vi)_ In respect ·of -matters provided in_sj~t;:_i_c,~s.5 to 18, 19,. 20, 23 to 27, }ZL_4,!)_to 45, 46 to 54,.56 to_69.,-72and75 to 83 0£. the Electricity {Supply)· Act, 1948, to the extent thi-s Act has made specific provisions, the p:x:ovisions of the Electricity (Supply) Act, 1948 shall not apply in th~ St~te; (vii} The provisions of all other sections of the Electr~~ity {Supply) Act; 1948 shall apply exc~pt that- 11 {a) the term 0 licence" lice.nsee 11 ·~icense holder 1~shall have- the meaning ~s defined under this Act and the licences shall be construed as having been issueq under this Act; -Cb} the .reference to the sections of the Ir.dian Electricity }a.Ct, 1910 and the. Electricity" (Supply) Act,. l:948 in the p:r:ovisions of the Electricity {supply) · Act, 1948 shall be taken as reference to the corresponding provisions of this Act to the extent modified by this Actj {c) the reference to arbitration in these provisions except where it is by the Central Elec~icity Authority shall 315 be taken as reference to the proceedings under -section 37 of this Act and the arbitration procedure prescribed under the Electricity (Supply) Act, I948 shall not apply; {viii) The provisions of sections 7z;73 of the Electricity ·(supply) hct,. 1948 shall be restricted to Generating Companie;:, and reference to the State • Electricity Board i~ these sections shall stand deleted; ( ix:) The Schedules to tbe Electricity {Supply) Act, 19,s shall be applicable only with reference to the provisions in this Act wherein the a~olications of the Schedules are sP~cified and not otherwise. 57. (1) Notwithstandine anything Savings ... contained in thi$ Act -the ?()Wers 1 rights and functions o= Regional Electricity Aut:tori ty, the Central Electri- c...1.ty Authorit_y,tb:e Central, Got"errurm::-~t and autttori ties other than the Stat;e IU.._ectri- - city Beard ana the state Gove=nment under the Indian .Electricity Act# l910 or the electricity (Supply) Act, 1948 or rules framed thereunder shall ~emain ' unaffected and· shall continue to be in force. (2) Nothing contained in this Act shall apply to the Power G::-id Co:!:'pora- tion of India Limited or other boCies or licensees in relation to the inte:::-state transmission of the electricity or generating com?anies owned or controlled by Central Government or undertaking owned by the Central Government.' 31n · · SC!IEDDLB- TIIR .l!NDl!RA PRADESH ELECTRICITY REGULATORY COMMISSION PART - I The Commission's Finance, Accounts and Audit ilnnaal • Pinancial I ( 1 J In·· December of each year the Statement. Commission Shall submit -to the State Government a Statement of its estimated expenditure for the ensuing financial year. ( 2) The State •- Government shall as soon as possible, after the ~eceipt of the said statement cause it to ·be laid· on the Table of the ·State Le;islative Assembly . . • (3) The Commission may a-:. any. time dllri_n9 the year in respect of - which a statement under· sub-paragraph (1) haS been submitt.ed 1- · subttU,t to the . State GoYernment a ·supplementary statemen~, and all ·the provi_sions of this s.ection · shall appiy _to· such statement as they ,apply to the·-.-sta,tement unde: the said sub-section. ' >ocounts II {l) The Commission shall cause and pro~er ·accounts and other records in l!Wlit. relat~on tµereto to be kepti including a proper- system of interna check_ and shall piepare an annual s ta tem_ent of accounts, in such form as may be ;,rescribed by regulations made by.the Commission in consultation with the Accountant-General, Andht:a Prade$h. 317 I 2) -'l'hT711>Cl>Ullts- of- the--commi:ttton- shall be audited by the Accountant· General,Andhra Prad~sh or by such persQn as he may 'authorise on his behalf and any expenditure iricurrE'd by him in connection with :- such audit shall be payable-by ·the s~ate Gove-~ent. • (3) The A;;countant - General, Andhra Pradesh or any persOn authorised by him in ·connection with the audit of the accounts of the Commission Shall have the right to demand the ;,roduct~on of books, accounts, connected. vouc:he:rs and other doc;um.ents and p..apers of the Com.ission •. (4) 'l'he accoun'ts of·th~ commission as certified by the Acco..:ntant General, Andhra Pradesh or any other pers@n au~horised by him. on his ~ehal£ together with the audit report tt.sreon shall be forwarded to the State Go~ernment within six months of the close_ of the year to which the accounts 'audit =e::iort relates and the Commission· shall ea.Use the said accounts of the co·roc:.ssion to be published and make av~ilable copies • thereof on sale at a re-=.sonable price~ The audit report shall contain full details of any dis::::=epancies or irregularities in the accounts of the- Commission. At the sa."'.'.e time, the Com:mission .shall publi.sh an annua1 statement of its activities in relation to the functions carried out by it under this Act . during the' yea= to which the said accounts re!ate and :ir.ake available- copies the:J:eof on ~ale at a reasonable price., 318 (5) The State Government shall cause the accounts of the Commission, together with. the audit report thereof forwarded to it under sub-paragraph (4) to'be laid annually before the State Legislative Assebmly. PART - :u GENERAL 11:e:munera- III ( l) The Chairman and the Members of tion the coinmission shall be paid from the etc~ funds of_ the COmm.ission such remuneration and such travelling and other expenses and ailowances~ as the State Government · may determine provided that the same ·shall at no time be inferior to pay.and allowances. paid to the Judge$ of Andhra Pradesh High Court. (2) The 1 State GOverruttent may cause to _be. paid as an expense of the Commission to or in respect of any person holding the office of Chairman or a M~er of the Coi:n.ission such pension 1 allowance or gratuity of tiuch contribu- tions or payments towards provision of such a pensi·on, a.llowan<:::P or gratuity. Officla.l · .CV~ The Commission shal.l. have an offcial Seal~ !seal for the authe~tication of documents required for the purposes of its functions,. ' V. Anything· authorised or required by Perforl.'...:.:c:_e or under this Act or any other enactment of to be done by the Commissicn may be done Functions. by any member• of the staff of the Commission who is authorised generally or specially in that behaif by the Commission. G .. BBAvANr PRASAD,· secretary to Government, Legislative.Af~airs & Justice, Law Department • • i I \