Judgment Search Results Home > Cases Phrase: electricity regulatory commissions act 1998 repealed section 6 term of office salary and allowances and other conditions of service of chairperson and members Page 1 of about 23 results (0.356 seconds)

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 it is averred that the punjab state electricity regulatory commission was constituted under the repealed electricity regulatory commission act, 1998 and the same has been notified as the state commission under section 86 of the electricity act, 2003 (for short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'). ..... 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. ..... ideally the security should cover cost of electricity for actual billing period, time taken for raising bills, time allowed for payment of bills by the person/consumer of electricity besides notice period for disconnection. ..... it is pleaded that earlier the interest free security against consumption was deposited by the members of the petitioner association ranging up to 30% of the monthly consumption called as 'advance consumption deposit'. ..... person has not given such security as is mentioned in subsection (1) or the security given by any person has become invalid or insufficient, the distribution licensee may, by notice, require that person, within thirty days after the service of the notice, to give him reasonable security for the payment of all monies which may become due to him in respect of the supply of electricity or provision of such line or plant or meter. .....

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... 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. ..... all or any of the following matters: i) the salaries and allowances and conditions of service of members, the secretary and the financial adviser; iii) the dams or other works or the installations which may be constructed without the approval of the corporation; iv) the forms of the budget, the annual report and the annual financial statements and the dates by which copies of the annual financial statements shall be made available to the participating governments; v) the manner in which the accounts of the corporation shall be maintained and audited; 47. ..... 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. ..... the terms and conditions for determination of tariff for the period from 1.4.2004 to 31.3.2009 are notified in terms of the central electricity regulatory commission (terms and conditions of tariff) regulations 2004 (hereinafter referred to as "the 2004 regulations") under section 61 read with section 178 of the 2003 act. .....

Sri.sudarshan V Biradar Vs. State Of Karnataka

Court : Karnataka

..... central electricity regulatory commission reported in (2009) 15 scc570 this court was dealing with the validity of clauses (b) and (f) of regulation 6-a of the central electricity regulatory commission (procedure, terms and conditions for grant of trading licence and other related matters) regulations, 2004. ..... of the foregoing provision, such rules may provide for (a) the forms of registers of births and deaths required to be kept under this act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 9 (d) the person from whom and the form in which a certificate as to cause of death shall be obtained; (e) the particulars of which ..... .2) any birth or death of which information is given to the registrar after thirty days but within one year of its occurrence, shall be registered only with the 11 written permission of the tahsildar or the commissioner/chief officer, as the case may be, and on payment of a late fee of rupees five.3) any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order of a magistrate of the first class or a presidency magistrate ..... rules, 1973 were repealed by the rules of 1999, therefore, at present rules of 1999 are in existence.22. ..... for the aforesaid reasons, the following: order (i) writ petition is allowed. .....

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)

..... 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. ..... george, learned counsel appearing on behalf of the board, on the other hand, would urge:(i) section 17 of the 1998 act does not impose any legal obligation upon the state to constitute the commission;(ii) so long the commission is not constituted, the board would have jurisdiction to frame and/or revise tariff as the statute does not contemplate a vacuum;(iii) the 1998 act having not repealed the 1948 act, the power to frame tariff in terms of section 49 of the 1948 act continued to remain in the board; (iv) the high court in exercise ..... (2) the state commission shall determine by regulations the terms and conditions for the fixation to tariff, and in doing so, shall be guided by the following, namely:(c) that the tariff progressively reflects the cost of supply of electricity at an adequate and improving level of efficiency;(d) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, and other matters which the state commission considers appropriate for the purpose of this act;(e) the interests of the consumers are safeguarded and at the same time .....

Syed Tajuddeen Madani Vs. the Tamil Nadu Electricity Board

Court : Chennai

..... drawing our 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. ..... thereafter, the commission notified the tamil nadu electricity regulatory commission (terms and conditions for determination of tariff) regulations, 2005 on 03.08.2005 under section 61 read with section 181 of 2003 act. ..... tamil nadu electricity regulatory commission act, 1998 was repealed by the electricity act, 2003. ..... 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. .....

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 ..... 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 ..... 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 ..... against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined ..... electric service connection and he removed seals from electric meters and ..... allowed the appeal and .....

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

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL868

..... section 185 of the electricity act of 2003 that the provisions of the indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commission act, 1998 were repealed ..... the commission will be entitled to examine as to whether or not the revision of tariff conforms to parameters laid down in section 29 of the erg act, 1998.the parties were allowed to raise such pleas before the commission as may be available to them under the law and after decision by the commission, the ..... section 52 of the erc act, 1998 specifically provides that provisions of the erc act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than the erc act save as otherwise provided in section 49 thereof, which only saves the consumer protection act, 1986 and the atomic energy act ..... order directing the board not to disconnect the electricity of the appellant subject to the condition that the appellant shall continue to pay the ..... electricity act, 2003 came into force on 10^th june, 2003 and the representation/petition of the appellant was decided by the regulatory commission on 30^th april, 2004, the supreme court in the appeal against the order of the kerala high court dated 2^nd july, 2004, was of the view that the commission must be held to have considered the matter in terms of electricity act ..... the commission that the revenue realisation from the subsidizing categories of consumers varied from 118 per cent to 159 per cent of the cost of service to .....

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

Court : Supreme Court of India

..... 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 of the ..... , 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 ..... part g raghunath paper mills private limited,81 this court observed that regulation 13(10)(b) of the orissa electricity regulatory commission distribution (conditions of supply), code, 2004 was inapplicable to the facts of the case as the auction purchaser had requested for a fresh connection, whereas in terms of the concerned regulation, previous dues had to be cleared only with respect to a reconnection or a transfer of service connection from the name of the erstwhile consumer.185. ..... 1948 act 5 1998 act 6 part b8 parliament consolidated and harmonised the provisions of the 1910 act, 1948 act, and 1998 act by enacting the 2003 act. .....

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

Court : Supreme Court of India

..... electricity regulatory commission and others (2017) 14 scc80 the learned counsel for respondent no.2 submitted that in the context of tariff policy, a tariff policy issued under section 3 of the 2003 act ..... is noted that the appellants in both the appeals are challenging the order dated 07.05.2008 whereby the appellate tribunal allowed the appeals filed by the respondents herein and set aside the order passed by the commission dated 29.05.2005, thereby, canceling the distribution licence granted in favour of the appellant for supply of power by the ..... this licence and its terms and conditions, shall be a matter for determination by the commission and the decision of the commission on such ..... 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 ..... commission shall, upon receipt of an application for grant of licence for distribution of electricity under sub section (1) of section 15 of the electricity act, 2003, decide the requirement of capital investment for distribution network after hearing the applicant and keeping in view the size of the area of supply and the service obligation within that area in terms of section .....

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

Court : Supreme Court of India

..... of electricity and also, reduces cross subsidies in the manner specified by the appropriate commission; (h) the promotion of co generation and generation of electricity from renewable sources of energy; (i) the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948, the electricity regulatory commission act, 1998 and the enactments specified in the schedule as they stood 13 immediately before the appointed date, shall continue to apply for a period of one year or until the terms and conditions for tariff are specified under this section ..... we have already noticed that the state electricity regulatory commissions constituted under section 82 of the 2003 act are a multi member body comprising a chairper 2 (2016) 8 scc74330 son and members being persons having adequate knowledge, of ability, integrity and standing who have adequate knowledge, and have shown capacity, in dealing with problems relating to engineer ing, finance, commerce, economics, law or management, with the chairperson being a person who is or has been judge of a high court. ..... 41 (d) other allowances and expenses including hra: considered in proportion to the basic salary.62. ..... as per the transfer scheme, the terms and conditions of service applicable to the erstwhile board employees in the transferee company shall in no way be less favourable than or inferior to that applicable to them immediately before the transfer. .....