(1) The State Commission shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the State Government.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature.
Accounts and audit of the State Commission.
Annual report of the Central Commission.
Annual report of the State Commission.
CHAPTER VI MISCELLANEOUS
37. The Commissions shall ensure transparency while exercising their powers and discharging their functions.
38. The Central Commission may carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Ordinance.
Transparency in Commissions.
Directions by the Central Government.
18 GAZETTE OF INDIA EXTRAORDINARY [PART II—
39. The State Commission may carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Ordinance.
40. The Chairperson, Members, officers and other employees of the Commissions shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, to be public servants within the meaning of section 21 of the Indian Penal Code.
41. The provisions of this Ordinance in so far as they relate to the State Commission shall not apply to the Commissions established under the Orissa Stale Electricity Reform Act, 1995 or the Haryana State Electricity Reform Act, 1997.
42. All proceedings before the Commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
43. No suit, prosecution or other legal proceedings shall lie against the Central Government or the Central or State Commission or any officer of Central or State Government or any Members, officer or other employees of the Central or State Commission for anything which is in good faith done or intended to be done under this Ordinance or the rules or regulations made thereunder.
44. Whoever fails to comply with any order or direction given under this Ordinance, within such time as may be specified in the said order or direction or contravenes, or attempts to contravene or abets the contravention of any of the provisions of this Ordinance or any rules or regulations made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to rupees one lakh or, with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to rupees four thousand for every day during which the failure continues after conviction of the first such offence.
45. {1) In case any complaint is filed before the Commission by any person or if the Commission is satisfied that any person has contravened any directions issued by the Commission under this Ordinance, rules or regulations made thereunder, the Commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Ordinance, such person shall pay, by way of penally, which shall not exceed rupees one lakh for each contravention and in case of a continuing failure with an Directions by the Central Government.
Members, officers and employees of Central Commission to be public servants.
Special provision relating to the Orissa Electricity Reform Act, 1995 and Haryana State Electricity Reforms Act, 1997.
Proceedings before the Commission.
Protection of action taken in good faith.
Punishment for noncompliance of orders or directions under the Ordinance.
Punishment for noncompliance of directions given by a Commission.
45 Of 1860.
45 of 1860.
2 of 1974.
SEC. 1] GAZETTE OF INDIA EXTRAORDINARY 19 additional penalty which may extend to rupees six thousand for every day during which the failure continues after contravention for the first such direction.
(2) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.
46. The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.