(1) The National Load Despatch Centre, Regional Load Despatch Centre, as the case may be, or the State Load Despatch Centre, may, under section 26, sub-section (3) of section 28, sub-section (1) of section 29, sub-section (2) of section 32 and sub-section (1) of section 33 read with clause (b) of section 40 of the Act, give such directions, nqt(iJct' t0 THE GAATTE OF INDIA EXTRAORDINARY [Panl II-Sac. 3(i)l as it may consider appropriate for maintaining the availability of the transmission system of a Transmission Licensee and the Transmission Licensee shall duly comply with all such directions.
(2) The Appropriate Commission, on an application filed by the National Load Despatch Centre, the Regional Load Despatch Centre or the State Load Despatch Centre and after hearing the Transmission Licensee, if satisfled that the Transmission Licensee has persistently failed to maintain the availability of the transmission system, may issue such directions to the National Load Despatch Centre, the Regional Load Despatch Cdntre or the State.Load Despatch Centre to take control of the operations of the transmission system of such Transmission Licensee for such period and on such terms, as the Commission may decide.
(3) The direction under sublrules (1) and (2) above shall be without prejudice to any other action which may be taken against the Transmission Licensee under other provisions of the Act.
6. The surcharge . under section 38 : The surcharge on transmission charges under section 38, the manner of progressive reduction of such surcharge and the manner of payment and utilization of such surcharge to be specified by the Central Commission under sub-clause (ii) of clause (d) of sub-section (2) of section 38 shall be in accordance with surcharge on the charges for wheeling, the manner of progressive reduction of such surcharge and the manner of payment and utilization of such surcharge as may be specified by the Appropriate Commission of the State in which the consumer is located under sub-section (2) of section 42 of the Act.
I qrr [-qE3 (i)l qRil 6I iTtFI;l : niETtntor 7 Consumer Redressa! Forum and Ombudsman.- (1) The distribution licensee shall establish a forum for redressal of grievances of consumers under sub-section (5) of section 42 which shall consist of officers of the licensee.
(2) The Ombudsman to be appointed or designated by the State Commission under sub-section (6) of section 42 of the Act shall be such person as the State Commission may decide from time to time.
(3) The Ombudsman shall consider the representations of the consumers consistent with the provisions of the Act, the Rules and Regulations made hereunder or general orders or directions given by the Appropriate Government or the Appropriate Commisslon in this regard before settling their grievances.
(+) (a) The Ombudsman shall prepare a report on a six monthly basis giving details of the nature of the grievances of the consumer dealt by the ombudsman, the response of the Licensees in the redressal of the grievances and the opinion of the ombudsman on the Licensee! compliance of the standards of performance as specified by the Commission under section 57 of the Act during the preceding six months.
(b) The report under sub-clause (a) above shall be fonararded to the State Commission and the State Government within 45 days after the end of the relevant period of six months.
Tariffs of generating companies under section 79.- The tariff determined by the Central Commission for generating companies under clause (a) or (b) of sub-section (1) of section
8.
,-7 E6C i"f"n--*Q t2 THE GA.ETTE OF INDIA : D$RAORDINARY [Paxr II-Src. 3 (r)l 79 of the Act shall not be subject to re-determination by the State Commission in exercise of functions under clauses (a) or
(b) of sub-section (1) of section 86 of the Act and subject to the above the State Commission may determine whether a Distribution Licensee in the State should enter into power Purchase Agreement or procurement process with such generating companies based on the tariff determined by the Central Commission, Inter-State trading Licence.- A licence issued by the Central Commission under section 14 rcad with clause (e) of sub-section
(1) of section 79 of the Act to an electricity trader for Inter-State Operations shall also entitle such electricity trader to undertake purchase of electricity from a seller in a State and resell such electricity to a buyer in,the same State, without the need to take a separate licence for intra-state trading from the State Commission of such State.