Judgment Search Results Home > Cases Phrase: electricity regulatory commissions act 1998 repealed section 21 officers of state commission and other staff Page 1 of about 389 results (0.224 seconds)

Capt. Virendra Kumar Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1981SC947; 1981LabIC433; (1981)1SCC485; 1980(12)LC701(SC)

..... going to back to the facts, constitutive of the grievances of the appellant, we may state that the army act and the rules and regulations and instructions thereunder govern the fate of commissioned officers including those on emergency commissions like the appellant. ..... days of the date of receipt of the notice, prefer a petition against the finding of the medical board of to the chief of the army staff through the president of the medical boards.provided that where in the opinion of the medical board the officer is suffering from a mental disease and it is either unsafe to communicate the nature of the disease or disability to the officer or the officer is unfit to look after his interests, the nature of the disease or disability shall be communicated to the ..... termination of service by the central government on grounds other than misconduct (1) when the chief of the army staff is satisfied that an officer is unfit to be retained in the service due to inefficiency or physical disability, the officer-(a) shall be so informed; (b) shall be furnished with the particulars of all matters adverse to him; and(c) shall be called upon to urge any reasons he may wish to put forward in favour of his retention in the service; provided that clauses (a), (b) and (c), shall not apply if the central government is satisfied that ..... sections 21, 23, 27, and 191 to 193 together with the residuary executive power cannot be done by technical trunextlon of the sense and sweep of the rules. .....

Mandi Gobindgarh Induction Furnace Association (Regd.) Vs. Punjab Stat ...

Court : Punjab and Haryana

..... it is averred that the punjab state electricity regulatory commission was constituted under the repealed electricity regulatory commission act, 1998 and the same has been notified as the state commission under section 86 of the electricity act, 2003 (for short 'the act'). ..... the punjab state electricity regulatory commission (electricity supply code and related matter) regulations, 2007 have been framed by the commission inter-alia in exercise of the powers conferred under section 181 read with section 61 of the act. ..... on the other hand, under section 61 of the act, the commission is competent to specify the terms and conditions for the determination of the tariff including that the supply of electricity is conducted on commercial principles. ..... electricity ombudsman, haryana, panchkula and others 2011 (4) rcr (civil) 58. ..... however, it is stated that as and when the members of the petitioner association or any other consumer seeks supply through pre-payment meter, the same shall be considered by the respondents, if it is technically feasible to be granted. ..... electricity ombudsman, haryana, panchkula and others air 2010 punjab 173, confirmed by division bench in dakshin haryana bijli vitran nigam limited, hisar vs. ..... consumers other than large supply industrial consumers will maintain as security with the licensee an amount equivalent to consumption charge (i.e. .....

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... it may be mentioned that the definitions of 'inter-sate transmission system' and 'intra-state transmission system' as given in section 2(3) are identical to section 2(gb) of indian electricity act, 1910, section 2(e) of electricity regulatory commission act, 1998 and section 2(gc) of indian electricity act, 1910 respectively. ..... the appellant, in support of that, has cited section 29 of the electricity regulatory commissions act, 1998 and section 11(2) of the telecom regulatory authority of india act, 1997, which contain non-obstante clauses for overriding the provisions of any other acts. ..... with the enactment of the act, which came into force with effect from june 10, 2003, the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998 have been repealed. ..... . i.2 the one member bench in its recommendations at para 31 and 32 provides that cost of servicing of capital investment on these offices should be booked to o&m expenses duly apportioned to different generating stations and transmission and distribution system and accordingly, the allocated costs of director office, other offices, central offices and subsidiary activities have been excluded from the capital cost claimed by dvc for the purpose of generating and transmission tariff ..... . it is not uncommon for government organizations to divert its funds created for staff welfare to meet other non-planned expenditure .....

Binani Zinc Limited Vs. Kerala State Electricity Board and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW2458; 2009LC(SC)1; JT2009(5)SC162; 2009(3)SCALE849; (2009)11SCC244; 2009(3)LC1474(SC)

..... by the state commission, relevant part of sub-sections (1) and (2) whereof read as under:(1) notwithstanding anything contained in any other law, the tariff for intra-state transmission of electricity and the tariff for supply of electricity, grid, wholesale, bulk or retail, as the case may be, in a state (hereinafter referred to as the tariff), shall be subject to the provisions of this act and the tariff shall be determined by the state commission of that state in accordance with the provisions of this act.provided that in states or union territories where joint electricity regulatory commission has been constituted, such joint electricity regulatory commission shall ..... it was only under section 185 of the electricity act of 2003 that the provisions of the indian electricity act 1910, electricity (supply act 1948 and the erc act 1998 were repealed. ..... till the time the regulatory commission was not constituted by the state of kerela, the power to determine tariff remained with the board under the electricity (supply ) act 1948 as it was not repealed by the electricity regulatory commission act 1998. .....

Syed Tajuddeen Madani Vs. the Tamil Nadu Electricity Board

Court : Chennai

..... however, observing that action of the respondents in treating the advocate's office located in places other than his own residence as not coming under tariff i-a, but coming under tariff v, is in accordance with the order passed by the tamil nadu electricity regulatory commission by virtue of section 86(1) of the electricity act, 2003, learned judge disposed of the writ petition directing the appellants to make a representation to the tamil nadu electricity regulatory commission under section 86(1) of the act seeking for clarification. ..... tamil nadu electricity regulatory commission act, 1998 was repealed by the electricity act, 2003. ..... attention to the classification of low tension consumers for the purpose of fixation of tariff, ms.s.srimathi, learned counsel for respondents contended that advocate office located in a building other than his residence falls under tariff-v and therefore, the action of the respondents in levy of electricity consumption charges under tariff-v is in accordance with the provisions of the act and also the tamil nadu electricity regulatory commission (terms and conditions for determination of tariff) regulations, 2005 and therefore the order of single judge warrants no interference. 7. ..... it is further stated that the matter before the tamil nadu electricity regulatory commission has been adjourned for four weeks. .....

The Assistant Executive Engineer, Distribution/Rural, Tamil Nadu Elect ...

Court : Chennai

Reported in : 2009LC(MAD)782

..... electricity act, 2003 has come into force on 10.06.2003 and as per section 185 of the said act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are repealed ..... supposed to have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code of criminal procedure, 1973 (2 of 1974), be deemed to have been tendered under ..... section 151 of the electricity act, 2003 deals with 'cognizance of offences' and the same reads as follows;no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made by appropriate government or appropriate commission or any of their officer authorised by them or a chief electrical inspector or an electrical inspector or licensee or the generating company, ..... state government should constitute special courts for the purpose of conducting trials with regard to offences committed under sections 135 to 139 of the said act and further after 10.06.2003, no court shall take cognizance of an offence punishable under the said act, except upon a complaint as mentioned in section 151 of the said act .....

Binani Zinc Limited, Rep. by Vs. Kerala State Electricity Board,

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL868

..... till such time the regulatory commission was not constituted by the state of kerala, the power to determine tariff remained with the board under the electricity supply act, 1948, as it was not repealed by the electricity regulatory commission act, 1998.the parliament could not have intended a situation where no authority would be empowered to determine the tariff, between the date of coming into force of the erc act, 1998 and the constitution of the commission.it is only after the regulatory commission is constituted that it will be the sole authority to determine the tariff ..... the option is with the state government in case the state government constitutes the commission, the tariff for supply of electricity is to be determined by the commission and not the board or any other agency under section 29(1) of the erc act, 1998.24. ..... thereafter, on 24^th october, 2002, the kseb in exercise of the power conferred by section 49, 59 and sub-section (i) of section 79 of the electricity (supply) act, 1948 and other enabling provisions issued the kerala state electricity board extra high tension tariff revision order 2002 (for short tariff revision order 2002), whereby, with effect from 1^st october, 2002 a revision in the tariff for extra high tension industrial units was .....

K.c. Ninan Vs. Kerala State Electricity Board & Ors.

Court : Supreme Court of India

..... the 1998 act created the central electricity regulatory commission and enabled the state governments to create state electricity regulatory commissions. ..... presently, the maharashtra electricity regulatory commission (electricity supply code and other standards of performance of distribution licensees including power quality) regulations 202176 have been enacted repealing the maharashtra electricity supply code 2005. ..... have submitted that: (i) section 49 of the 1948 act empowered the board to supply electricity upon such terms and conditions as it thinks fit; (ii) the phrase regulate in section 79 of the 1948 act has a wider implication allowing the state commission to do everything necessary to prescribe the principles governing the supply of electricity; (iii) the electricity supply code notified under section 50 read with section 181(2)(x) of the 2003 act governs all matters relating to the supply of electricity to premises; and (iv) the conditions of supply which provide for payment of outstanding dues ..... in srigdhaa beverages (supra), this court was considering an auction sale under the securitisation and reconstruction of financial assets and enforcement of security interest act 2002.67 the court analysed clauses 24 and 26 of the auction notice, which stipulated an as is where is sale with respect to all statutory dues and absolved the authorised officer of all liabilities for any charge, encumbrances and dues, including electricity dues. .....

M/s Jindal Steel And Power Ltd. Vs. Chattisgarh State Elect. Reg. Comm ...

Court : Supreme Court of India

..... a licence granted under section 14; (39) licensee means a person who has been granted a licence under section 14; xxxxxxxx (41) local authority means any nagar panchayat, municipal council, municipal corporation, panchayat constituted at the village, intermediate 41 and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the union or any state government with, the control or management of any area or local fund; xxxxxxxx (64) "state commission" means the state electricity regulatory commission constituted under sub section (1) of section 82 and includes a joint commission constituted under sub section (1) of section 83;29. ..... : provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or any act specified in the schedule on or before the appointed date shall be deemed to be a licensee under this act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws or such act specified in the schedule, and the provisions of the repealed laws or such act specified in the schedule in respect of such licence shall apply for a period .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory Commission.

Court : Supreme Court of India

..... on 02.07.1998, the electricity regulatory commissions act, 1998 ( commissions act, 1998 ) was notified with effect from 25.04.1998 as an act to provide for the establishment of a central 7 electricity regulatory commission ( cerc ) and state electricity regulatory commission ( serc ), for rationalization of electricity tariff, transparent policies regarding subsidies, promotion of efficient and environmentally benign policies and other matters connected therewith or incidental thereto. ..... unauthorized use and theft are dealt with in section 126 of the 2003 act, relevant clauses whereof are as under: section 126: (assessment): (1) if on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgement the electricity charges payable by such person or by any other person ..... the scheme of the 2003 act is predicated on consolidating all laws governing electricity and repealing the existing laws. ..... in the year 2003, the parliament repealed the previous three laws viz. .....