(1) This Ordinance may be called the Electricity Regulatory Commissions Ordinance, 1998.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force at once.
Short title, extent and commencement.
2 GAZETTE OF INDIA EXTRAORDINARY [PART II—
2. In this Ordinance, unless the context otherwise requires,—
(a) "Central Commission" means the Central Electricity Regulatory Commission established under sub-section (1) of section 3;
(b) "Chairperson" means the Chairperson of the Commission;
(c) "Commission" means, the Central Commission or the State Commission, as the case may be;
(d) High Court means,—
(i) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and
(ii) where Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, of in a case where are more than one respondent ordinarily resides or carries on business or personally works for gain.
(e) "Member" means the Member of the Commission and includes the Chairperson but docs not include a Member ex-officio;
(f) "prescribed" means prescribed by rules made under this Ordinance;
(g) "regulations" means regulations made under this Ordinance;
(h) "State Commission" means the State Electricity Regulatory Commission established under sub-section (1j of section 17;
(i) "transmission utility" means any generating company, board, licensee or other person engaged in the transmission of energy;
(j) "utility" means any person or entity engaged in the generation, transmission, sale, distribution or supply, as the case may be, of energy;
(k) words and expressions used and not defined in this Ordinance but defined in the Electricity (Supply) Act, 1948 or the Indian Electricity Act, 1910 shall have the meanings respectively assigned to them in those Acts.
CHAPTER II CENTRAL ELECTRICITY REGULATORY COMMISSION
3.(1) The Central Government, shall, within three months from the date of the commencement of this Ordinance by notification in the Official Gazette, establish a body to be known as the Central Electricity Regulatory Commission to exercise the powers conferred on and the functions assigned to it under this Ordinance.
(2) The Central Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The head office of the Central Commission shall be at such place as the Central Government may, by notification in the Official Gazette, specify.
Definitions.
Establishment and incorporation of Central Commission.
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(4) The Central Commission shall consist of the following Members, n a m e l y : -
(a) a Chairperson and three other Members;
(b) the Chairman of the Central Electricity Authority appointed under sub-section
(3) of section 3 of the Electricity Supply Act, 1948, who shall be Member exofficio.
(5) The Chairperson and the other Members of the Central Commission shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 5:
Provided that nothing contained in this sub-section shall apply to the appointment of a person as the Chairperson, where such person is or has been a Judge of the Supreme Court or the Chief Justice of a High Court.