The State Regulatory Commission shall authorize any person as it deems fit to >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 545 represent the interest of the consumers of municipal services in the proceedings before it.
272. Appeal to High Court in certain cases:
(1) Any person aggrieved by any decision or order of the State Regulatory Commission may file an appeal to the High Court.
(2) Except as aforesaid, no appeal or revision shall lie to any court from any decision or order of the State Regulatory Commission.
(3) Every appeal under this section shall be preferred within sixty days from the date of communication of the decision or order of the State Regulatory Commission to the person aggrieved by the said decision or order:
Provided that the High Court, may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days.
273. Determination of user charges by State Regulatory Commission:
(1) Notwithstanding anything contained in any other law for the time being in force, the rates of user charges referred to in section 268 shall be determined by the State Regulatory Commission in accordance with the provisions of this Act and the rules and the regulations made thereunder.
(2) The State Regulatory Commission shall determine by regulations separately for each municipality the terms and conditions of, and the rates for, user charges as aforesaid and, in doing so, shall be guided by the following considerations, namely: -
(a) that the rates progressively reflect the cost of supply of municipal services at an adequate and improving level of efficiency;
(b) the factors which would encourage efficiency, economical use of resources, good performance, optimum investments and other matters which the State Regulatory Commission may consider appropriate;
(c) that the interest of the consumers of the municipal services are safeguarded and, at the same time, the consumers pay for availing of the municipal services in a reasonable manner based on the average cost of such services; and >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 546
(d) the production, distribution, and supply of municipal civic services are conducted on commercial basis.
(3) The State Regulatory Commission, while determining the user charges under this Act, shall not have any undue preference for any municipality but may differentiate between different municipalities, having regard to the population, density of population, revenue generation, economic importance and the actual conditions obtaining in different municipal areas and the managerial, technical, financial and organizational capacities of different municipalities.
(4) If the State Government requires the grant of any subsidy to any consumer or class of consumers of municipal services in the rates of user charges determined by the State Regulatory Commission, the State Government shall pay the amount to compensate the municipality or any other agency affected by the grant of such subsidy in such manner as the State Regulatory Commission may direct as a condition for implementation of the subsidy provided by the State Government.
(5) Where the State Regulatory Commission departs from any of the considerations specified in sub-section (2), it shall record the reasons for such departure.
274. Budget of State Regulatory Commission: The State Regulatory Commission shall prepare, in such form, and at such time in each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the State Regulatory Commission, and forward the budget to the State Government.
275. Accounts and Audit of State Regulatory Commission:
(1) The State Regulatory Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be determined by the State Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the State Regulatory Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be determined by him, and any expenditure incurred in connection with such audit shall be payable by the State Regulatory Commission to the Comptroller and Auditor-General of India.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 547
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Regulatory Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Regulatory Commission.
(4) The accounts of the State Regulatory Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government by the State Regulatory Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before the State Legislature.
276. Annual Report of State Regulatory Commission:
(1) The State Regulatory Commission shall prepare every year in such form, and within 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 annual report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature.
277. Transparency in State Regulatory Commission: The State Regulatory Commission shall ensure transparency while exercising the powers and discharging the functions under this Act.
278. Directions by State Government:
(1) In the performance of its functions, the State Regulatory Commission shall be guided by such directions in matters of policy involving public interest as the State Government may give to it in writing.
(2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final.
279. Proceedings before the State Regulatory Commission: All proceedings before the State Regulatory Commission shall be deemed to be judicial proceedings within the meaning of section 193 and section 228 >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 548 of the Indian Penal Code 1860 (Act No. 45 of 1860), and the State Regulatory Commission shall be deemed to be a Civil Court for the purposes of section 345 and section 346 of the Code of Criminal Procedure, 1973 (Act No..2 of 1974).
280. Protection of action taken in good faith: No suit, prosecution or other legal proceedings shall lie against the State Government or the State Regulatory Commission or any officer of the State Government or any member, officer or other employee of the State Regulatory Commission for anything which is in good faith done or intended to be done under this chapter or the rules or the regulations made thereunder.
281. Punishment for non-compliance of orders or direction under the Act:
Whoever fails to comply with any order or direction given under this chapter 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 chapter 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 twenty-five thousand rupees, or with both, in respect of each such offence, and, in the case of a continuing offence, with an additional fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first such offence.
282. Punishment for non-compliance of direction given by State Regulatory Commission:
(1) In case any complaint is filed before the State Regulatory Commission by any person or if the State Regulatory Commission is satisfied that any person has contravened any direction issued by the State Regulatory Commission under this chapter, or the rules or the regulations made thereunder, the State Regulatory 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 chapter, such person shall pay, by way of penalty, a fine which shall not exceed twenty-five thousand rupees for each such contravention and, in the case of a continuing contravention, with an additional fine which may extend to one thousand rupees for every day during which the contravention continues after first such contravention.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 549
(2) Any amount payable under this section, if not paid, may be recovered as an arrear of land revenue.
283. Power to seizure: The State Regulatory Commission or any officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the State Regulatory Commission may enter any building or place where the State Regulatory 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 (Act 2 of 1974), in so far as it may be applicable.
284. Cognizance of offences: No Court shall take cognizance of an offence punishable under this chapter except upon a complaint, in writing, made by the State Regulatory Commission or by any officer duly authorized by the State Regulatory Commission in this behalf.
285. Inconsistency in laws: Nothing in this chapter or any rule or regulation made thereunder or any instrument having effect by virtue of this chapter or the rule or the regulation made thereunder shall have effect in so far as it is inconsistent with any provisions of the Consumer Protection Act, 1986
286. Delegation: The State Regulatory Commission may, by general or special order in writing, delegate to any member, or any officer of the State Regulatory Commission, or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this chapter, except the power to adjudicate disputes under clause (d) of sub-section (2) of section 268 and the power to make regulations under section 289, as it may deem necessary.
287. Overriding effect: Save as otherwise provided in section 285, the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
288. Power of State Government to make rules:
(1) The State Government may, by notification, make rules to carry out the purposes of this chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 550
(a) the salary, allowances and other terms and conditions of service of the Chairperson and the other members under sub-section (2) of section 265;
(b) the form and the manner in which, and the authority before whom, the oath of office and secrecy shall be subscribed under sub-section (4) of section 265;
(c) the form in which, and the time at which, the State Regulatory Commission shall prepare its budget under section 274;
(d) the form in which the annual statement of accounts shall be prepared by the State Regulatory Commission under sub-section
(1) of section 275;
(e) the form in which, and the time within which, the annual report shall be furnished under sub-section (1) of section 276;
(f) any other matter which may be, or is required to be, prescribed by rules.
289. Power of State Regulatory Commission to make regulations:
(1) The State Regulatory Commission may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :-
(a) the powers and the duties of the Secretary under sub-section (1) of section 267;
(b) the salary and allowances and other terms and conditions of service of the Secretary and the other officers and employees under sub-section (3) of section 267;
(c) the terms and conditions of appointment of consultants under subsection (4) of section 267;
(d) the manner in which the rates of user charges shall be determined under section 273;
(e) any other matter which may be, or is required to be, provided by regulations.
>kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 9 Qjojh] 2012 551 Chapter - 29 Public Streets
290. Surface transport system and accessories- For the purposes of this Act, -
(a) the surface transport system shall include streets, roads, footpaths, pedestrian pathways, parking areas, transportation terminals, both for passengers and goods, bridges, sub-ways, over-bridges, ferries and inland water transport systems, and
(b) the transport system accessories shall include traffic engineering schemes, street furniture, street lighting, parking lots and bus stops,