ANDHRA PRADESH ELECTRICITY REFORM ACT, 1998
30 of 1998
Statement of Objects and Reasons The Andhra Pradesh State Electricity Board constituted under Section 5 of Electricity Supply Act, 1948 is charged with the responsibility for co-ordinate development of generation,. transmission and distribution of Electrical Energy in the State. However, in the present set up of the power sector which is vertically integrated, functional priorities are getting distorted primarily due to resources crunch. This has resulted in inadequate investment in transmission and distribution which has adversely affected the quality and reliability of supply. It is, therefore, considered necessary to unbundle the integrated power sector, reorganise generation, transmission and distribution functions into compact commercially viable entities, providing operational, managerial and functional autonomy to the successor entities. In order to meet the above objectives, it is proposed to constitute two separate Corporations - one for generation and the other for transmission and distribution of electrical energy which will be incorporated by the State Government under Companies Act, 1956. It is also proposed to constitute subsidiary or associated Transmission and supply companies or Corporations. Initially, these Corporations will function as wholly owned subsidiaries of the State Government but in due course it will be open for private sector participation. The essence of restructuring is to achieve the balance required to be maintained in regard to competitiveness and efficiency on the one part and the social objective of ensuring a fair deal to the consumer on the other part. It is also proposed to establish and incorporate an autonomous statutory Electricity Regulatory Commission to balance the interest of all the state holders in the electricity industry and to promote healthy growth of the power sector in the State. Consequent to the creation of Electricity Regulatory Commission the State will be divested of its regulatory functions. However, the State Government shall have the power to issue policy directions and over all planning and co-ordination on the matters concerning electricity in the State. The Commission shall act as the body which issues and enforces licenses for transmission and distribution of electrical energy in the State and strives for optimisation of costs and improvement in consumer service by promoting competition. The Commission also prescribes standards of performance for the licensees and would gather information periodically to ensure compliance to the prescribed standards. The Commission has been vested with authority to prevent monopoly abuse and regulate and adjudicate on tariffs and related issues and also to act as a body to resolve or to set-up machinery for speedy resolution of disputes between the licensees. To achieve the above objectives, the Government have decided to make a separate law by undertaking Legislation. This Bill seeks to give effect to the above decisions.
An Act to provide for the constitution of an Electricity Regulatory Commission, restructuring of the Electricity Industry, Rationalisation of the Generation, Transmission, Distribution and supply of Electricity avenues for participation of private sector in the Electricity Industry and generally for taking measures conducive to the development and management of the Electricity industry in an efficient, economic and competitive manner and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty Ninth Year of the Republic of India, as follows
PART 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Electricity Reform Act, 1998.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires,-
(a)"area of transmission" means the area within which the holder of a transmission licence is for the time being authorised by licence to transmit energy in accordance with the conditions prescribed;
(b) "APTRANSCO" means the Transmission Corporation of Andhra Pradesh Limited incorporated as a transmission company under the Companies Act, 1956 (Central Act 1 of 1956) and as referred to in Section 13 of this Act.
(c) "Commission" means the Andhra Pradesh Electricity Regulatory Commission constituted under sub-section (1) of Section 3:
(d) "licence" means a licence granted under Section 15 of the Act;
(e) "licensee" or "licence holder" means a person licensed under Section 14 of the Act to transmit or supply energy including APTRANSCO;
(f) "member or members" means the members of the Commission and shall include the Chairman of the Commission;
(g) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
(h) "prescribed" means prescribed by the rules or regulations made under this Act;
(i) "regulations" means regulations made by the Commission under this Act;
(j) "rules" means rules made by the State Government under this Act;
(k) "selection committee" means the selection committee constituted under Section 4 of this Act;
(l) "State" means the State of Andhra Pradesh;
(m) "State Government" means the Government of the State;
(n)"supply licence" means a licence under sub-section (1)(b) of Section 15;
(o)"transmission licence" means a licence under sub-section (1)(a) of Section 15;
(p) "transmit" in relation to electricity, means the transportation or transmission of electricity by means of a system operated or controlled by a licensee which consists, wholly or mainly, or extra high voltage and extra high tension lines and electrical plant and is used for transforming and for conveying and/or transferring electricity from a generating station to sub-station, from one generating station to another or from one substation to another or otherwise from one place to another;
(q) words and expressions used but not defined in this Act and defined in the Electricity (Supply) Act, 1948 (Act No.54 of 1948) have the meanings respectively assigned to them in that Act;
(r) words and expressions used but not defined either in this Act or in the Electricity (Supply) Act, 1948 (Act No.54 of 1948 and defined in the Indian Electricity Act, 1910 (Act No.IX of 1910), have the meanings respectively assigned to them in that Act.
PART 2 Andhra Pradesh Electricity Regulatory Commission
Section 3 Establishment and constitution of the Commission
(1) For the purposes of this Act, within three months of the Act coming into force, the State Government shall establish by notification a Commission to be known as the Andhra Pradesh Electricity Regulatory Commission, which shall be a body corporate with perpetual succession and a common seal with power to acquire and hold property, movable and immovable, and shall, by the said name, be entitled to sue and be sued.
(2) The Commission shall consist of a Chairman and two members to be appointed by the State Government from persons selected by the selection committee constituted for the purpose, in the manner provided in Section 4 of this Act. The State Government shall specifically designate one of the three members as the Chairman. The inter se-seniority of the other two members shall be indicated in the orders of appointment.
(3) When the Chairman of the Commission is unable to discharge the functions owing to absence, illness of any other cause, the next senior members of the Commission shall discharge the functions of the Chairman, until the day on which the Chairman assumes office.
Section 4 Constitution of the selection committee to select members
(1) The State Government shall expeditiously constitute a selection committee, as often as may be required to select persons for appointment as members of the Commission, which shall consist of the following namely :
(i) a retired Chief Justice of any High Court Chairman. or a retired Judge of the Supreme Court.
(ii) Chief Secretary to the Government of A.P. Member.
(iii) the Chairman of the Central Electricity Authority. Member.
(2) The Secretary in-charge of the Energy Department, Government of Andhra Pradesh shall be the Convenor for the above Selection Committee.
(3) The Selection Committee shall call for nominations from general public and from professional bodies, consumer organisations by giving wide publicity, so as to act expeditiously and shall generally finalise the selection within a period of three months to enable the State Government to make the final selection and appointment in time for the new member to take charge at the expiry of the term of retiring member : Provided that the selection of the members shall not be restricted to the nominations received.
(4) The Selection Committee shall submit the panel of two suitable persons for each vacancy in the Commission who have such qualification and experience as provided in the Act, to the State Government in alphabetical order from among whom the State Government shall appoint one of the two as a member of the Commission.
(5) All decisions of the Selection Committee shall be by majority.
(6) The method and manner of the selection and appointment of members and designation of the one of the members as Chairman of the Commission shall be as prescribed by the State Government.
Section 5 Conditions for appointment as member of the Commission
(1) The members of the Commission shall be persons of ability, integrity and standing who have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to engineering, economics, commerce, finance, accountancy, law or administration and that at all times the selection and appointment shall be made in accordance with the qualifications and experience specified below:
(i) one member shall be a graduate Electrical Engineer with adequate experience in generation or transmission or distribution of electricity;
(ii) two members shall have graduate qualification with specialisation and adequate experience in any of the disciplines; like law, economics, commerce, finance, accountancy or administration:
Provided that at any point of time the Commission shall not consist of more than one member from the same discipline;
Provided further that persons below the age of fifty five years shall not be eligible for appointment as Chairman or member, as the case may be.
(2) A person shall be disqualified from being appointed a member of the Commission if he is a member of Parliament or of any State Legislative Assembly or any local authority or holds any post in a political party or if he has any financial or other interest, directly or indirectly, in any private company or undertaking dealing with any of the business referred to in clause (a) of sub-section (3) subject to the conditions specified in sub-section (5).
(3) The persons who are considered for appointment as members of the Commission shall intimate the Convenor of the Selection Committee -
(a) of any office, employment or consultancy agreement or arrangement which he has in his own name or in any firm, association of person or body corporate, or in the names of any relative, carrying on any of the following businesses namely:
(i) generation, transmission, distribution or supply of electricity;
(ii) manufacture, sale or supply of any fuel for generation of electricity;
(iii) manufacture, sale, lease, hire or otherwise; supply of or dealing in machinery, plant, equipment, apparatus or fittings for the generation, transmission, distribution, supply or use of electricity; and
(iv) any entity providing professional services to any of the businesses referred to in sub-clauses (i) (ii) and (iii) above;
(b) such other details and information as may be prescribed in the rules. Explanation :-For the purpose of this Section this term relative shall have the same meaning as defined under Section 6 of the Companies Act, 1956 (Central Act 1 of 1956).
(4) The details received from the persons shall be placed for consideration of the Selection Committee at the time, of selection and recommendation of the person for appointment as member.
(5) Each member of the Commission shall, before taking charge of the office as member of within such time not exceeding three months after taking charge as may be allowed by the State Government on the recommendation of the Selection Committee, divest himself from the interest in the business mentioned in sub-section (3) of this Section as condition of his appointment.
(6) If a person to be appointed as a member of the Commission holds any office under the State or Central Government or any Public Sector Corporation or any Government body, he shall submit his resignation or take voluntary retirement from that service and shall not seek reappointment in the service of the State Government or any Government Corporation or body dealing with the power sector in Andhra Pradesh at any time within a period of two years after he ceases to be a member of the Commission.
(7) So long as the person holds the office of the member and for a period of two years after he ceases to be a member for any reason whatsoever, he shall not acquire, hold or maintain, directly or indirectly any office, employment or consultancy arrangement or businesses mentioned in sub-section (3) of this Section within or outside the State and if he acquires any such interest involuntary or by way of succession or testamentary disposition he will divest himself from such interest within a period of three months of such interest being acquired.
(8) Before recommending any person as a member of the Commission, the Selection Committee shall satisfy itself that the person does not have any financial or other interest as referred to in sub-section (3) or otherwise which is likely to affect prejudicially his functions as a member.
Section 6 Term of office, conditions of service, etc., of members
(1) Every member shall hold office for a period of five years from the date of his appointment as member or until the age of sixty-five years, whichever is earlier and he shall not be eligible for re-appointment at any time after the expiry of his term of appointment :
Provided that a member shall be eligible for appointment as Chairman subject to his combined tenure in the Commission as Member and Chairman shall not exceed five years;
Provided further that the first three members shall be appointed for varying periods of three years, four years and five years respectively so as to avoid the retirement of all the members at the same time and ensure continuity in the functioning of the Commission;
Provided also that no person shall be appointed as member after he has attained the age of sixty two years so that he has a minimum tenure of three years as member.
(2) The Chairman of the Commission and other members shall receive such remuneration and other allowances as may be prescribed from time to time under the rules :
Provided that the terms shall not be varied to their disadvantage during the tenure of the appointment.
(3) The Chairman of the Commission; and every other member shall before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, in such manner and before such authority as may be prescribed.
Section 7 Removal of Members
(1) The State Government may remove from office any member of the Commission in accordance with sub-section (2), who,-
(a) has been adjudged as un-discharged insolvent; or
(b) has been convicted of an offence involving moral turpitude; or
(c) has become physically or mentally incapable of acting as such member; or
(d) has without reasonable cause refused or failed to discharge his functions for a period of at least three months; or
(e) ceases to fulfil any of the conditions of his appointment as member; or
(f) has acquired such financial or other interest that can affect prejudicially his functions as a member; or
(g) has conducted himself in a manner or has so abused his position as to render his continuance in office prejudicial to the public interest or to the objects and purpose of the Act.
(2) Except where a member admits the charge, in writing, no member of the Commission shall be removed from his office on the grounds specified in clauses (c), (d), (e), (f) and (g) of sub-section (1) until a sitting Judge of the High Court of Andhra Pradesh, as recommended by the Chief Justice of the High Court at the relevant time, has carried out an enquiry and has forwarded a report to the State Government.
(3) The State Government shall act in accordance with the recommendation in the final report under sub-section (2) and the State Government shall communicate its decision to the member concerned within a period of two months of the receipt of such report.
(4) A member who has been removed shall not be eligible for re-appointment as a member or in any other capacity in the Commission or in the State Government or in any State Government Undertakings.
(5) If the member removed under this Section is the Chairman of the Commission, he shall cease to be the Chairman of the Commission.
(6) The vacancy caused by the removal of the member shall be filled in the same manner as provided for the appointment of a member or designation of the Chairman of the Commission.
Section 8 Appointment of the Secretary, Staff and Consultants of the Commission
(1) The Commission shall appoint a person as Secretary of the Commission to assist the Commission to discharge its functions.
(2) The Commission shall, in consultation with the State Government determine the number nature and categories of other officers and employees required to assist the Commission in the discharge of its functions.
(3) The salaries and allowances payable to the members and the administrative expenses, including salaries, allowances and pensions payable to or in respect of the Secretary, Officers and other employees of the Commission, shall be charged to the Consolidated Fund of the State;
(4) The method and manner of selection of the Secretary, Officers and other employees and the terms and conditions of their service may be prescribed by the Commission by regulations with prior approval of State Government.
(5) The Commission shall be entitled to appoint, from time to time consultants required to assist the Commission in the discharge of its functions on terms and conditions to be decided by the Commission.
PART 3 Proceedings, Powers and Functions of the Commission
Section 9 Proceedings, powers and functions of the Commission
(1) The headquarters of the Commission shall be at Hyderabad in the State, but the Commission shall be entitled to conduct its proceedings, consultations and hearings at any place in the State.
(2) The Commission shall alone have the exclusive power to make regulations for the conduct of its proceedings and discharge of its functions and all such regulations framed shall be published in Official Gazette.
(3) All decisions of the Commission shall be on the basis of majority of the Members present and voting.
(4) The quorum for the meeting of the Commission shall be two and each member shall have one vote and in case of equality of votes on any issue or resolution, the Chairman or as the case may be the next senior member of the Commission discharging the functions of the Chairman under sub-section (3) of Section 3 presiding over the meeting shall, in addition, have a casting vote :
Provided that for a meeting of the Commission to review any previous decision taken by the Commission, the quorum shall be that all members shall be present.
(5) The Chairman of the Commission may instruct the Secretary to call for a meeting of the Commission to be held at such time and at such place as the Chairman may direct. In addition, any member of the Commission may request a meeting of the Commission at any time by sending a notice in writing to the other members under intimation of such notice to the Secretary. The notice of all meetings shall be given to the members in writing, unless all the members waive the notice in writing.
(6) The Commission shall be entitled to decide urgent matters by circulation of the papers to members.
(7) All decisions, directions and orders of the Commission shall be in writing and shall be supported by reasons. The decisions, directions and orders of the Commission shall be available for inspection by any person and copies of the same shall also be made available in a manner the Commission may prescribe.
(8) No act or proceeding of the Commission shall be deemed invalid by reason only of some defect in the constitution of the Commission or by reason of the existence of a vacancy or vacancies among its members.
Section 10 Powers of the Commission
(1) The Commission shall, for the purposes of any inquiry or proceedings under this Act shall have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:
(a) the summoning and enforcing of attendance of any witness and examining on oath.
(b) the discovery and production of any document or other material object producible as evidence;
(c) the reception of evidence on affidavits;
(d) the requisition of any public record from any Court or office;
(e) the issue of Commission for examination of witness.
(f) the appearance of parties and consequences of non-appearance;
(g) the grant of adjournments at the hearing.
(2) The Commission shall have the power to require any person,-
(a) to produce before, and allowed to be examined and kept by an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so required as may be specified or described in the requisition, being documents relating to any matter concerning the generation, transmission, distribution and supply or use of electricity, the functioning of any undertaking involved in the above areas an other matters, the examination of which the Commission considers necessary or relevant for the purposes of this Act or the discharge of the functions by the Commission under this Act; and
(b) to furnish to an officer so specified such information as may be required for the purposes of this Act or such other information as may be in his possession in relation to any activity carried on by any other person.
(3) For the purpose of enforcing the attendance of witnesses the local limits of the jurisdiction of the Commission shall be the limits of the territory of India.
(4) The Commission shall have the powers to review its decisions, directions and orders.
(5) Where, during any inquiry or proceedings under this Act, the Commission has any grounds to believe that any books or papers or documents of, or relating to any unit or person in relation to which such inquiry is being made or which the owner of such unit may be required to produce in such inquiry, are being, or may be destroyed, mutilated, altered, falsified or secreted, it may, by a written order authorise any officer of the Commission to exercise the powers of entry, search and seizure as may be exercised by an Inspector appointed for inspection under Sections 240 and 240-A of the Companies Act, 1956 (Central Act 1 of 1956).
(6) Notwithstanding anything contained in any other law for the time being in force, the Commission may, by a general or special order, call upon any person including the generating companies or the licensees to furnish to the Commission periodically or as and when required any information concerning the activities carried on by such person related to generation, transmission, distribution and supply or use of electricity, the connection between such person and any other person or undertaking including such other information relating to the organisation, business, cost of production and other requirements as may be prescribed to enable the Commission to carry out its functions under this Act.
(7) In the discharge of its functions the Commission shall be entitled to and shall consult to the extent the Commission considers appropriate from time to time such persons or group of persons who may be affected or are likely to be affected by the decisions of the Commission.
(8) To exercise the powers conferred under this Section to call for information, details, books, accounts and other documents from any person and make inquiry for the purposes of providing the same to the Central Electricity Authority, the Central Government, the State Government or other persons. The Central Electricity Authority, the Central Government and the State Government shall be entitled to ask the Commission to make such inquiry and provide the information, details and documents to them.
(9) All persons to whom notices may be issued shall have a statutory obligation under this Act to duly, faithfully and effectively furnish the information, details, books, accounts and other documents, which the Commission considers relevant in connection with its functions under this Act or which may be required to be obtained at the instance of the Central Electricity Authority, the Central Government or the State Government as the case may be and shall be proceeded with and punishable for any failure or delay to comply with such requirements and the directions and orders issued by the Commission.
(10) Notwithstanding anything contained in Sections 12 to 16 and Sections 18 and 19 of the Indian Electricity Act, 1910 (Act IX of 1910), for the placing of the electric supply lines, appliances and apparatus for transmission, distribution and supply of energy, the Commission may, by order in writing confer upon licensees or any other person engaged in the business of transmission, distribution of supply of energy to the public under the Act, subject to such conditions and restrictions as the Commission may provide, any of the powers which the telegraph authority possess under the Indian Telegraph Act, 1885 (Act XIII of 1885) with respect to placing of telegraph lines and posts.
Section 11 Functions of the Commission
(1) Subject to the provisions of this Act, the Commission shall be responsible to discharge amongst others, the following functions, namely:
(a) to aid and advise, in matters concerning electricity generation, transmission, distribution and supply in the State;
(b) to regulate the working of the licensees and to promote their working in an efficient, economical and equitable manner including laying down standards of performance for the licensees in regard to services to consumers;
(c) to issue licences in accordance with the provisions of this Act and determine the conditions to be included in the licences;
(d) to promote efficiency, economy and safety in the use of the electricity in the State including and in particular in regard to quality, continuity and reliability of service and enable to meet all such reasonable demands for electricity;
(e) to regulate the purchase, distribution, supply and utilisation of electricity, the quality of service, the tariff and charges payable keeping in view both the interest of the consumer as well as the consideration that the supply and distribution cannot be maintained unless the charges for the electricity supplied are adequately levied and duly collected;
(f) to promote competitiveness and progressively involve the participation of private sector, while ensuring fair deal to the customers;
(g) to collect data and forecast on the demand and use of electricity and to require the licensees to collect such data and forecast;
(h) to require licensees to formulate prospective plans and schemes in co-ordination with others for the promotion of generation transmission, distribution and supply of electricity;
(i) to regulate the assets, properties and interest in properties concerning or related to the electricity industry in the State;
(j) to lay down a uniform system of accounts among the licensees;
(k) to regulate working of licensees and promote their working in an efficient economical and equitable manner; and
(l) to undertake all incidental or ancillary things.
(2) The Commissioner shall always act consistent with the objectives and purposes for which the Commission has been established as an independent statutory body corporate and all acts, decisions and orders of the Commission shall be pursuant to and shall seek to achieve such objectives and purposes.
(3) Notwithstanding the provisions, of Section 52 of the Indian Electricity Act, 1910 (Central Act 1 of 1910) or the provisions of Section 3(1)(ii) and Section 76 of the Electricity (Supply) Act, 1948 (Central Act 54 of 1948), the Commission shall have the power to act as arbitrator or nominate arbitrator/arbitrators to adjudicate and settle the disputes arising between the licensees in accordance with the regulations to be prescribed and this shall be a condition precedent of the grant of licenses.
PART 4 Powers of the State Government
Section 12 General powers of the State Government
(1) The State Government shall have the power to issue policy directions on matters concerning electricity in the State including the overall planning and co-ordination. All policy directions shall be issued by the State Government consistent with the objects sought to be achieved by this Act and accordingly shall not adversely affect or interfere with the functions and powers of the Commission including but not limited to determination of the structure of tariffs for supply of electricity to various classes of consumers.
(2) If any dispute arises between the Commission and the State Government as to whether or not a question is a matter or policy or whether a policy direction issued by the State Government adversely affects or interferes with the exercise of the functions of the Commission, the same shall be referred by the State Government to a retired Judge of the Supreme Court in consultation with the Chief Justice of the Supreme Court whose decision thereon shall be final and binding.
(3) The State Government shall be entitled to issue policy directions concerning the subsidies to be allowed for supply of electricity to any class or classes of persons or in respect of any area in addition to the subsidies permitted by the Commission while regulating and approving the tariff structure provided that the State Government shall contribute the amount to compensate such concerned body or unit affected by the grant of the subsidies by the State Government to the extent of the subsidies granted. The Commission shall determine the amounts and the terms and conditions and time frame on which such amounts are to be paid by the State Government.
(4) The State Government shall consult the Commission in relation to any proposed legislation or rules concerning any policy direction and shall duly take into account the recommendation by the Commission on all such matters.
PART 5 APTRANSCO
Section 13 Constitution and functions of the APTRANSCO
(1) Not later than sixty days of the Act coming into force the State Government shall constitute APTRANSCO to be incorporated and organised under the provisions of the Companies Act, 1956 (Central Act 1 of 1956) as the Transmission Corporation of Andhra Pradesh Limited, with the principal objects of engaging in the business of procurement, transmission and supply of electric energy.
(2) Subject to the powers of the State Government under Section 12, the APTRANSCO established by the State Government in terms of sub-section (1) shall be the principal company to undertake all planning and co-ordination in regard to transmission; undertaking the works connected with transmission, determining the electricity requirements in the State in co-ordination with the Generating companies, State Government, the Commission, the Regional Electricity Boards, and the Central Electricity Authority; the operation of the power system.
(3) APTRANSCO shall own the extra high voltage transmission system, shall be responsible for the transmission system operation and shall operate the power system in an efficient manner.
(4) APTRANSCO shall undertake the functions specified in this Section and such other functions as may be assigned to it by the licence to be granted to it by the Commission under this Act.
(5) Upon the grant of licence to the APTRANSCO under clause (a) of sub-section (1) of Section 15 of this Act, the APTRANSCO shall discharge such powers and perform such duties and functions of the Andhra Pradesh State Electricity Board including those under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or the rules framed thereunder as the Commission may specify in the licence audit shall be the statutory obligation of the APTRANSCO to undertake and duly discharge the powers, duties and functions so assigned.
(6) Subject to the provisions of sub-sections (1) and (2) and to the overall supervision and control of the APTRANSCO a number of subsidiary or associated transmission companies may be established in the State and the Commission may grant licences under the terms of this Act to such transmission companies, in consultation with the APTRANSCO.
PART 6 Licensing of Transmission and Supply
Section 14 Licensing
(1) No person, other than those authorised to do so by licence or by virtue of exemption under this Act or authorised to or exempted by any other authority under the Electricity (Supply) Act, 1948, shall engage in the State in the business of,-
(a) transmitting electricity; or
(b) supplying electricity.
(2) Where any difference or dispute arises as to whether any person is engaged or is not engaged or about to engage in the business of transmitting or supplying electricity as specified in sub-section (1), the matter shall be referred to the Commission and the decision of the Commission shall be final.
(3) The Commission shall have the power to order any unlicensed person to cease operating and disconnect its apparatus.
(4) Notwithstanding anything contained in any other provisions of this Act and until the establishment of the Commission in terms of Section 3, the State Government shall have the power to grant provisional licences under this Section having a duration not exceeding twelve months to any person or persons to engage in the State in the business of transmission of supply of electricity on such terms and conditions as the State Government may determine consistent with the provision of this Act, subject to the following conditions, namely:
(a) Upon the establishment of the Commission, each of the provisional licences granted by the State Government shall be placed before the Commission and shall be deemed to constitute an application for grant of a licence by the Commission under the provisions of this Act; and
(b) each provisional licence granted under this Section shall cease to be valid from the date notified by the Commission.
(5) The State Government, shall be entitled to confer on the provisional licensees under sub-section (4) such powers, rights and authorisation as the Commission is entitled to grant to the licensees under this Act.
Section 15 Grant of licences by the Commission
(1) The Commission may on an application made in such form and on payment of such fee, as may be prescribed grant a licence authorising any person to,-
(a) transmit electricity in a specified area of transmission; or
(b) supply electricity in a specified area of supply including bulk supply to licensees or any person.
(2) In respect of the grant of any such licence the following procedure shall be followed namely:
(a) any person applying for a licence shall publish a notice of his application in such manner, and with such particulars as may be prescribed by the Commission within 14 days after making the application;
(b) the Commission shall not grant a licence until,-
(i) all objections received relating to the application for the licence have been considered by the Commission; provided that no objection shall be considered by the Commission unless it is received within three moths of the date of the first publication of the notice under clause (a) above; and
(ii) in the case of an application for a licence to supply or transmit in an area which includes the whole or part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purposes, the Commission shall ascertain whether there is any objection to the grant of the licence on the part of the Central Government;
(c) Where an objection is received from any local authority concerned, the Commission shall, if in its opinion the objection is insufficient, record in writing and communicate to such local authority its reasons for such opinion; and
(d) no application for a licence shall be made by any local authority except pursuant to a resolution passed at a meeting of such authority held after one month's previous notice of the same specifying the purpose thereof has been given in the manner in which notices of meetings of such local authority are usually given.
(3) A licence shall prescribe the duration, extent to which and the terms and conditions under which the transmission or supply of energy is to be made and contain such other conditions as the Commission may consider appropriate for achieving the purposes of the Act.
(4) Without prejudice to the generality of sub-section (3), the conditions included in a licence by virtue of that sub-section may require the licensee to,-
(a) enter into agreements on specified terms with other person for the use of any electric lines, electrical plant or plants and associated equipment operated by the lecensee;
(b) comply with any direction given by the Commission;
(c) act in accordance with the terms of the licence;
(d) refer all disputes arising under the licence for determination by the Commission;
(e) furnish information, documents and details which the Commission may require of its own purpose or for the purposes of the Central or State Government or Central Electricity Authority;
(f) comply with the requirements of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or rules framed thereunder insofar as they are applicable;
(g) undertake such functions and obligations of the Andhra Pradesh State Electricity Board under the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 as the Commission may prescribe;
(h) obtain the approval of the Commission of such things that are required under the licence conditions or for deviation from the same;
(i) notify the Commission of any scheme that he is proposing to undertake including the schemes in terms of the provisions of the Electricity (Supply) Act, 1948;
(j) purchase power in an economical manner and under a transparent power purchase process; and
(k) supply in bulk to other licensees or to customers.
(5) Without prejudice to the generality of sub-section (3), the conditions included in a licence granted by the Commission may require the holder of such a licence to establish a tariff or to calculate its charges from time to time in accordance with the requirements prescribed by the Commission.
(6) The provisions contained in the Schedule to the Indian Electricity Act, 1910 shall be deemed to be incorporated with, and to form part of every supply licence granted under this Part save insofar as they are expressly varied or excepted by the supply licence and shall, subject to any such additions, variations or exceptions which the Commission is empowered to make having regard to the purposes of the Act, apply to the undertaking authorised by the licence in relation to its activities in the State :
Provided that where a supply licence is granted by the Commission for the supply of energy to other licensees for distribution by them, then insofar as such licence relates to such supply, the provisions of clauses IV, V, VI, VII, VIII and XII of the said Schedule shall not be deemed to be incorporated within the supply licence.
(7) The conditions included in a licence may contain provision for the conditions to cease to have effect or be modified at such times, in such manner and in such circumstances as may be specified in or determined by or under the conditions.
(8) Any provisions included by virtue of sub-section (7) above in a licence shall have effect in addition to the provision made by sub-section (5) of Section 18 and Section 19 with respect to the amendment of the conditions of a licence.
(9) Unless indicated in the terms of a licence, the grant of a licence under this Section to a person shall not in any way hinder or restrict the grant of a licence to another person within the same area of supply for a like purpose and accordingly the licensee shall not claim any exclusivity.
(10) The licence granted by the Commission in terms of this Act may provided that the licensee shall have the powers and authorities to take appropriate actions for revenue realisation prosecution for theft, meter tampering, diversion of electricity, and all such and similar matters affecting the distribution and supply of electricity to the consumer.
(11) The Commission shall be entitled to authorise the licensees and persons to exercise such power and authority as the licensees and persons could be given under the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
Section 16 Exemptions from the requirement to have a licence
(1) The Commission may make regulations to grant exemption from the requirement to have a supply licence, but subject to compliance with such condition, if any, as may be specified in the order :
Provided that the Commission shall not, under any such regulation, grant any exemption except with the consent,-
(i) of the local authority, if any, constituted in the area where energy is to be supplied;
(ii) in any case where energy is to be supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the occupation of the Central Government for defence purposes, of the Central Government;
(iii) in any area falling within the area of supply of a licensee, of that licensee :
Provided that, except in a case falling under clause (ii) no such consent shall be necessary if the Commission is satisfied that such consent has been unreasonably withheld.
(2) An exemption may be granted,-
(a) to person of a particular category; or
(b) to a particular person; or
(c) for a particular period; and an exemption to persons of a particular category or to a particular person shall be published in such manner as the Commission considers appropriate for bringing it to the attention of that person or person of that category and of the public in general.
(3) The exemption granted may be revoked by the Commission at any time for reasons to be recorded in writing.
(4) An exemption, unless previously revoked, shall continue in force for such period as may be specified in or determined by or under the exemption.
(5) Every regulation or exemption made by the Commission under this Act shall be published in the Official Gazette.
Section 17 General Duties and Powers of the licensees
(1) It shall be the duty of the holder of a supply licence or a transmission licence in respect of a particular area to develop, maintain and provide to the consumers or the licensees as the case may be or any other person an efficient, co-ordinated and economical system of electricity supply or transmission in the area of transmission or area of supply, as the case may be.
(2) Each licensee and Generating Company in discharge of its duties shall comply with the provisions of the regulations framed from time to time governing the terms and conditions for the operation and maintenance of power system and electric supply lines.
(3) Subject to sub-section (4) of Section 12 and Sections 13 to 19 of the Indian Electricity Act, 1910 (which relate to the carrying out of works) shall have effect in relation to a person authorised by a licence under this Act to transmit or supply electricity as if he is a licensee in that Act.
(4) Where any of the sections mentioned in sub-section (3) above is applied to a licence holder by his licence, it shall have effect subject to such restrictions as may be included in the licence.
Section 18 Revocation of licences
(1) The Commission may inquire into the conduct or functioning of any licensee in carrying out the obligations under the Act or Rules or Regulations framed thereunder or the terms and conditions of its licence, _
(a) upon receiving a complaint from any consumer or consumer association or any trade association; or
(b) upon a reference made to it by the State Government or by the Central Government or the Central Electricity Authority; or
(c) upon receiving and complaint from any company or person involved in the generation, transmission, distribution or supply of electricity; or
(d) upon its own knowledge or information derived from any source.
(2) Upon making such inquiry the Commission may, if in its opinion the public interest so requires, revoke a licence in any of the following cases, namely:
(a) where the licensee, in the opinion of the Commission, has committed a willful or unreasonable default in doing anything required of him by or under this Act, the Indian Electricity Act, 1910, or the Electricity (Supply) Act, 1948, or rules made thereunder to the extent applicable in the State read with the provisions of this Act;
(b) where the licensees commits a breach of any of the terms and conditions of his licence the breach of which is expressly declared by such licence to render it liable to revocation;
(c) Where the licensee fails within the period specified in his licence or any longer period which the Commission may allow by order,
(i) to show, to the satisfaction of the Commission, that he is in a position to fully and efficiently discharge the duties and obligations imposed on him by his licence; and
(ii) to make the deposit or furnish the security required by his licence; and
(d) where in the opinion of the Commission the financial position of the licensee is such that he is unable to fully and efficiently discharge the duties and obligations imposed on him by his licence.
(3) Notwithstanding the provisions of sub-sections (1) and (2) where in its opinion the public interest so requires, the Commission may, on the application or with the consent of the licensee, and if the licensee is not a local authority, after consulting the local authority concerned, if any, revoke a transmission or supply licence as to the whole or any part of the area of transmission or supply upon such terms and conditions as it thinks fit.
(4) No licence shall be revoked under sub-section (2) or (3) unless the Commission has given to the licensee not less than three months notice in writing stating the grounds on which it is proposed to revoke the licence and has considered any cause shown by the licensee within the period of that notice, against the proposed revocation and has given reasons for such revocation.
(5) The Commission may, instead of revoking the licence, permit it to remain in force subject to such further terms and conditions as it thinks fit to impose and any further terms or conditions so imposed shall be binding upon, and be observed by, the licensee, and be of like force and effect as if they were contained in the licence.
Section 19 Amendment of licences
(1) The Commission may, where in its opinion the public interest so permits or requires, on the application of the licensee and if the licensee is not a local authority, on the application of the local authority concerned or otherwise on its own may make such alterations and amendments to the terms and conditions of a licence as it thinks fit taking into account the objects and purposes of the Act :
Provided that no such alterations or amendments, other than an alteration or amendment pursuant to a licence condition referred to in sub-section (7) of Section 15 or sub-section (5) of Section 18 shall be made except with the consent of the licensee.
(2) where the licensee has made an application under sub-section (1) proposing any alterations or amendments in his licence, the following provisions shall apply,-
(a) the licensee shall publish a notice of the application in the manner and with the particulars as may be prescribed by the Commission;
(b) the Commission shall not make any alterations or amendments until all objections received by it with reference to the application within three months from the date of the first publication of the notice have been considered; and
(c) in the case of an application proposing alterations or amendments in an area of supply comprising the whole or any part of the cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purposes, the Commission shall not make any alterations or amendments except with the consent of the Central Government.
(3) Before making any alterations or amendments in a licence otherwise than on the application of the licensee, the Commission shall publish the proposed alterations or amendments and consider all objections received by it with reference to the proposed alterations or amendments within three months from the date of the first publication of the notice.
Section 20 Provisions where licence is revoked
(1) Notwithstanding the provisions of Sections 6 and 7 of the Indian Electricity Act, 1910 where the Commission revokes a licence, under sub-section (2) of Section 18 of the following provisions shall apply:
(a) the Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect with effect from the date or with effect from the earlier date on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the provisions of this Act, all the rights duties, obligations and liabilities of the licensee under this Act shall absolutely cease and determine except for any liabilities that have accrued to that date;
(b) the Commission shall invite applications for acquiring the undertaking of the licensee whose licence has been revoked and determine terms and conditions of the sale of the undertaking;
(c) the Commission may, by notice in writing, require the licensee to sell, and thereupon the licensee shall sell the undertaking to the person whose application has been accepted by the Commission. Such person is referred in to this Section as the "purchaser"; and
(d) the Commission may make such interim arrangement in regard to the undertaking of the licensee for maintaining the electricity transmission and supply as may be considered appropriate including the appointment of administrators and special directors for the undertaking.
(2) Where an undertaking is sold under sub-section (1), the purchaser shall pay to the licensee the purchase price of the undertaking determined in accordance with the application submitted by the purchaser.
(3) Where the Commission issues any notice under sub-section (1) requiring the licensee to sell the undertaking, it may by such notice require the licensee to deliver, and thereupon the licensee shall deliver on a date specified in the notice, the undertaking to the designated purchaser pending the payment of the purchase price of the undertaking. Any pending fines and charges shall be deducted from the amounts payable to the licensee:
Provided that in any such case, the purchaser shall pay to the licensee interest at such rate not less than the Reserve Bank lending rate ruling at the time of delivery of the undertaking as the Commission may decide, on the purchase price of the undertaking for the period from the date of delivery of the undertaking to the date of payment of the purchase price.
(4) Where before the date fixed in the notice issued under clause (a) of sub-section (1) as the date on which the revocation of the licence shall take effect, no notice has been issued to the licensee requiring him to sell the undertaking or where for any reason no sale of the undertaking has been effected under that sub-section, the State Government shall acquire the undertaking on the date of revocation of the licence and shall pay to the licensee an amount determined in accordance with sub-sections (1) and (2) of Section 7A of the Indian Electricity Act, 1910, as amended in the State and shall perform all the obligations of the licensee until such time as the State Government able to sell the undertaking to a new licensee which it shall endeavour to do expeditiously without undue delay.
(5) The Licensee shall duly implement the orders of the Commission, notwithstanding that the licensee may be aggrieved by the order of the Commission and intends to take legal action challenging the orders of the Commission.
Section 21 Restrictions on licensees and Generating Companies
(1) No licensee or Generating Company shall at any time, without the previous consent in writing of the Commission, acquire by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned, any other licensee or person generating, transmitting, supplying or intending to generate, transmit or supply electricity :
Provided that before granting the consent the Commission shall hear such person or authority as the Commission shall consider appropriate.
(2) The licensee shall not, at any time, assign his licence or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Commission.
(3) The provisions of Section 44 of the Electricity (Supply) Act, 1948 shall apply except that the persons to whom the Section applies shall be required to obtain the sanctions and consents from the Commission, instead of such sanctions and consents to be obtained from the Board as provided under that Section.
(4) A holder of a supply or transmission licence may, unless expressly, prohibited by the terms of its licence, enter into arrangements for the purchase of electricity from,- (a) the holder of a supply licence with permits the holder of such licence to supply energy to other licensees for distribution by them; and (b) any person or Generating Company with the consent of the Commission.
(5) Any agreement relating to any transaction of the nature described in sub-sections (1), (2), (3) or (4) unless made with or subject to such consent as aforesaid, shall be void.
Section 22 Annual Accounts of licensee
Every licensee shall, unless expressly exempted by the licence, prepare and render to the Commissioner every year on or before the date specified in the licence, an annual statement or statements of accounts of its undertaking and of each separate business unit as specified in the licence made up to such date, in such form and containing such particulars, as may be set out in the licence. It shall be a term of the licence that such statements shall be published in manner prescribed in the regulations.
PART 7 Reorganisation of the Electricity Industry
Section 23 Reorganisation of State Electricity Board
(1) With effect from the date on which a transfer scheme prepared by the State Government to give effect to the objects and purposes of this Act is published or such further date as may be prescribed by the State Government (hereinafter referred to as the effective date), any property, interest in property, rights and liabilities which immediately before the effective date belong to the Board shall vest in the State Government on such terms as may be agreed between the State Government and the Board.
(2) Any property, interest in property, rights and liabilities vested in the State Government under sub-section (1) shall be revested by the State Government in the APTRANSCO and generating company or companies, in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabilities of State Government as may be specified in such scheme, on such terms and conditions as may be agreed between the State Government and the APTRANSCO or generating company or companies, as the case may be.
Explanation :-For the purposes of this Part generating company or companies, shall mean the company or companies to be incorporated to implement the reorganisation of the Electricity Industry in the State.
(3) Such of the rights and powers exercisable by the Board under the Electricity Supply Act, 1948 as the State Government may, by notification specify, shall be exercisable by the APTRANSCO or generating company or companies, as the case may be, for the purpose of discharging the functions and duties with which it is charged.
(4) Notwithstanding anything in this Section, where,-
(a) the transfer scheme involves the transfer of any property or rights to any person or undertaking not wholly owned by the State Government, the scheme shall give effect to the transfer only for fair value to be paid by the transferee to the State Government.
(b) a transaction of any description is effected in pursuance of a transfer scheme, it shall be binding on all persons including third parties and even if such persons, third parties have not consented to it.
(5) The State Government may, after consulting the APTRANSCO (the "transferor licensee"), or generating company or companies, as the case may be, require them to draw up a transfer scheme to vest in a further licensee (the "transferee licensee") or any generating companies, any of the functions including distribution function, property, interest in property, rights and liabilities which have been vested in the transferor licensee or generating companies, as the case may be under this Section and publish the same as Statutory Transfer Scheme under this Act. The Transfer Scheme to be notified under this sub-section shall have the same effect as the Transfer Scheme under sub-section (2).
(6) A transfer scheme may,-
(a) provide for the formation of subsidiaries, joint venture companies or other schemes of division, amalgamation, merger, reconstruction or arrangements;
(b) define the property, interest in property, rights and liabilities to be allocated:
(i) by specifying or describing the property, rights and liabilities in question;
(ii) by referring to all the property interest in property, rights and liabilities comprised in a specified part of the transferor's undertaking; or
(iii) partly in the one way and the partly in the other;
(c) Provide that any rights or liabilities specified or described in the scheme shall be enforceable by or against the transferor or the transferee;
(d) impose on the licensee an obligation to enter into such written agreements with or execute such other instruments in favour of any other subsequent licensee as may be specified in the scheme;
(e) make such supplemental, incidental and consequential provisions as the transferor licensee considers appropriate including provision specifying the order in which any transfer or transaction is to be regarded as taking effect; and
(f) provide that the transfer shall be provisional for a specified period.
(7) All debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by the Board, with the Board or for the Board, or the APTRANSCO or generating company or companies before a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done by the Board, with the Board or for the State Government or the transferee and all suits or other legal proceedings instituted by or against the Board or transferor, as the case may be, may be continued or instituted by or against the State Government or concerned transferee, as the case may be.
(8) In the event that a licensee is required to vest any part of its undertaking in another licensee pursuant to sub-section (5), the Commission shall amend the transferee's licence in accordance with Section 19 or revoke its licence in accordance with Section 18.
(9) The Board shall cease to be charged with, and shall not perform, the functions and duties specified in sub-section (3) with regard to transfers made on and after the effective date.
(10) The exercise by a licensee of any of the Board's rights and powers may be made on such conditions as may be specified in the transfer scheme including a condition that they shall be exercised by the licensee only with the approval of the Commission.
Section 24 Provisions relating to a Personnel
(1) The State Government may by a transfer scheme provide for the transfer of the personnel to APTRANSCO, generating company or companies, distribution or other companies hereinafter referred to as the transferee company or companies; on the vesting of properties, rights and liabilities in such transferee companies as provided under Section 23.
(2) Upon such transfer scheme the personnel, shall hold office or service under the transferee company on terms and conditions that may be determined in accordance with the transfer scheme :
Provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such vesting;
Provided further that any such scheme under sub-section (1) and (2) shall be consistent with the tripartite agreements entered into between the Government, APSEB and the employees.
Explanation :-For the purposes of this Section as well as the transfer scheme the term "personnel" shall mean all persons who on the effective date are the employees of the Board.
Section 25 Payment of compensation or damages on transfer
Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law as is applicable, and except for the provisions made in this Act, the transfer of the employment of the personnel referred to in sub-section (1) of Section 24 shall not entitle such employees to any compensation or damages under this Act, or any other Central or State law or under the general law, save as provided in the transfer scheme.
PART 8 Tariffs
Section 26 Licensee's revenues and tariffs
(1) The holder of each licence granted under this Act shall observe the methodologies and procedures specified by the Commission from time to time in calculating the expected revenue from charges which it is permitted to recover pursuant to the terms of its licence and in designing tariffs to collect those revenues.
(2) The Commission shall subject to the provisions of sub-section (3) be entitled to prescribe the terms and conditions for the determination of the licensee's revenue and tariffs by regulations duly published in the Official Gazette and in such other manner as the Commission considers appropriate : Provided that in doing so the Commission shall be bound by the following parameters:
(a) the financial principles and their applications provided in the Sixth Schedule to the Electricity (Supply) Act, 1948 read with Sections 57 and 57A of the said Act;
(b) the factors which would encourage efficiency, economic use of the resources, good performance, optimum investments performance of licence conditions and other matters which the Commission considers appropriate keeping in view the salient objects and purposes of the provisions of this Act; and
(c) the interest of the consumers.
(3) Where the Commission, departs from factors specified in the Sixth Schedule of the Electricity (Supply) Act, 1948 while determining the licensee's revenues and tariffs it shall record the reasons therefor in writing.
(4) Any methodology or procedure specified by the Commission under sub-section (1), (2), and (3) above shall be to ensure that the objectives and purposes of the Act are duly achieved.
(5) Every licensee shall provide to the Commission in a format as specified by the Commission at least 3 months before the ensuing financial year full details to its calculation for that financial year of the expected aggregate revenue from charges which it believes it is permitted to recover pursuant to the terms of its licence and thereafter it shall furnish such further information as the Commission may reasonably require to assess the licensee's calculation. Within 90 days of the date on which the licensee has furnished all the information that the Commission requires, the Commission shall notify the licensee either-
(a) that it accepts the licensee's tariff proposals and revenue calculations, or
(b) that it does not consider the licensee's tariff proposals and revenue calculations to be in accordance with the methodology or procedure in its license, and such notice to the licensee shall,-
(i) specify fully the reasons why the Commission considers that the licensee's calculation does not comply with the methodology or procedures specified in its licence or is in any way incorrect, and
(ii) propose a modification or an alternative calculation of the expected revenue from charges, which the licensee shall accept.
(6) Each holder of a supply licence shall publish in the daily newspaper having circulation in the area of supply and make available to the public on request the tariff or tariffs for the supply of electricity within its licensed area and such tariff or tariffs shall take effect only after seven days from the date of such publication.
(7) Any tariff implemented under this Section,-
(a) shall not show undue preference to any consumer of electricity, but may differentiate according to the consumer's load factor or power factor, the consumer's total consumption of energy during any specified period, or the time at which supply is required; or paying capacity of category of consumers and need for cross-subsidisation;
(b) shall be just and reasonable and be such as to promote economic efficiency in the supply and consumption of electricity; and
(c) shall satisfy all other relevant provisions of this Act and the conditions of the relevant licence.
(8) The Commission also shall endeavour to fix tariff in such a manner that, as far as possible, similarly placed consumers in different areas pay similar tariff.
(9) No tariff or part of any tariff required by sub-section (6) may be amended more frequently than once in any financial year ordinarily except in respect of any changes expressly permitted under the terms of any fuel surcharge formula prescribed by regulations. At least three months before the proposed date for implementation of any tariff or an amendment to a tariff the licensee shall provide details of the proposed tariff or amendment to a tariff to the Commission, together with such further information as the Commission may require to determine whether the tariff or amended tariff would satisfy the provisions of sub-section (6). If the Commission considers that the proposed tariff or amended tariff of a licensee does not satisfy any of the provisions of sub-section (6), it shall, within 60 days of receipt of all the information which it required, and after consultation with the Commission Advisory Committee and the licensee, notify the licensee that the proposed tariff or amended tariff is unacceptable to the Commission and it shall provide to the licensee an alternative tariff or amended tariff which shall be implemented by the licensee. The licensee shall not amend any tariff unless the amendment has been approved by the Commission.
(10) Notwithstanding anything contained in Sections 57A and 57B of the Electricity (Supply) Act, 1948, no Rating Committee shall be constituted after the date of this enactment and the Commission shall secure that licensees comply with the provisions of their licences regarding their charges for the sale of electricity (both wholesale and retail) and for the connection to and use of their assets or systems in accordance with the provisions of this Act. Explanation :-In this Section,-
(a) "the expected revenue from charges" means the total revenue which a licensee is expected to recover from charges for the level of forecast supply used in the determination under sub-section (5) above in any financial year in respect of goods or services supplied to customers pursuant to a licensed activity; and
(b) "tariff" means a schedule of standard prices or charges for specified services which are applicable to all such specified services provided to the type or types of customers specified in the tariff notification.
Section 27 Finances of licensees
(1) The State Government may from time to time make subventions to any licensee for the purpose of sub-section (3) of Section 12 of this Act or the Electricity (Supply) Act, 1948 for such amounts as may be recommended by the Commission and on such terms and conditions as the State Government may determine.
(2) The State Government may from time to time advance loans to any licensee or generating Company which for the time being is wholly or partly owned by the State Government on such terms and conditions, not inconsistent with the provisions of this Act or the Electricity (Supply) Act, 1948, as the State Government may determine.
(3) The State Government may guarantee in such manner as it thinks fit the repayment of the principal on the payment of interest (or both) or any loan proposed to be raised by any licensee or Generating Company which is for the time being wholly or partly owned by the State Government or the discharge of any other financial obligation of any such licensee or Generating Company.
(4) The State Government shall be entitled to inspect and verify the accounts of every licensee or Generating Company obtaining the benefits under sub-sections (1), (2) and (3) of this Section.
PART 9 Commission's power to Pass Orders and Enforce Decisions
Section 28 Interim orders for securing compliance
(1) Where the Commission is satisfied that a licensee is contravening, or is likely to contravene any relevant condition or requirement of its licence, it shall by final order under Section 29 and, if it thinks is appropriate in accordance with sub-section (2) by interim order under this Section, issue each directions as it deems proper for securing compliance.
(2) In determining whether it is appropriate that an interim order be made the Commission shall have regard, in particular to,-
(a) the extent to which the contravention or likely contravention by the licensee will affect the achievement of the objects and purposes of this Act;
(b) the extent to which any person is likely to sustain loss or damage in consequence of anything which, is likely to be done, or omitted to be done, in contravention of the relevant condition or requirement, before a final order can be made; and
(c) the extent to which (having regard to the following provisions of this Section) there is any other available remedy in respect of the alleged contravention of a relevant condition or requirement.
(3) If the Commission proposes to make an interim order, it shall give notice to the licensee-
(a) stating that it proposes to make the order;
(b) setting out,-
(i) the relevant conditions or requirements which the proposed order is intended to secure compliance;
(ii) the acts or omissions which, in its opinion constitute contravention of that condition or requirement;
(iii) the other facts which in its opinion, justify the making of the proposed order; and
(iv) the effects of the proposed order.
(c) specifying the period (being not less than 5 days from the date of notice) within which the licensee may make representations or objections to the proposed order.
(4) Subject to sub-section (5), having considered any representations or objections from the licensee pursuant to clause (c) of sub-section (3) the Commission may make an interim order at any time after expiry of the period referred to in sub-section (3) (c), if,-
(a) the Commission has reason to believe that the licensee to whom the order relates has contravened or is contravening or is likely to contravene any relevant condition or requirement; and
(b) the provisions made by the order are requisite for the purpose of securing compliance with that condition or requirement.
(5) The Commission may not make an interim order if it is satisfied that the licensee has agreed to take and is taking all such steps as the Commission considers that the licensee should take to secure compliance with the condition or requirement in question.
(6) An interim order,-
(a) shall require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;
(b) shall take effect from such time, being the earliest practicable time, as is determined by the order; and
(c) may be revoked, modified or rescinded at any time by the Commission, but in any event shall cease to have effect at the end of such period as it stated in the order unless the Commission is at that time following the procedure set out in Section 29 to declare the interim order to be a final order.
(7) As soon as practicable after making an interim order, the Commission shall-
(a) serve a copy of the order on the licensee to whom the order relates;
(b) publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and
(c) commence proceedings to declare the interim orders to be a final order in accordance with Section 29.
Section 29 Final orders for securing compliance
If the Commission proposes to make final order or to declare an interim order to be a final order, the Commission shall give notice,-
(a) stating that it proposes to make the final order or to declare the interim order to be a final order;
(b) setting out the information referred to in clause (b) of sub-section (3) of Section 28 in respect of the proposed final order; and
(c) specifying the period (being not less than 60 days from the date of publication of the notice) within which representations or objections to the proposed order may be made; and shall consider any representations or objections that are duly made and not withdrawn. The Commission shall publish notice of such representations or objections and specify a period (being not less than 30 days from the date of publication of the notice) within which further representations or objections may be made.
(2) A notice under sub-section (1), above shall be given,-
(a) by publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of person likely to be affected by them, and
(b) by serving a copy of the notice, and a copy of the proposed final order on the licensee to whom the order relates.
(3) The Commission shall not modify the proposed final order as a result of any representations or objections received following publication of the notice referred to in sub-section (1), except-
(a) with the consent to the modification of the licensee to whom the proposed final order relates; and
(b) after complying with the requirements of sub-section (4) below.
(4) The requirements mentioned in sub-section (3) above are that the Commission shall,-
(a) serve on the licensee to whom the proposed final order relates such notice as appears to the Commission requisite of its proposal to modify the proposed final order, together with details of such modifications;
(b) in that notice specify the period (being not less than 30 days from the date of the service of the notice) within which representations or objections to the proposed modifications can be made; and
(c) consider any representations or objections which are duly made and not withdrawn within 10 days of the receipt thereof.
(5) The provisions of clauses (a) and (b) of sub-section (6) of Section 28 shall apply to final orders.
(6) As soon as practicable after making a final order, the Commission shall with respect to the final order, follow the procedure set out in clauses (a) and (b) of sub-section (7) of Section 28.
(7) The Commission may revoke a final order at any time, but before revoking a final order the Commission shall give notice,-
(a) stating that it proposes to revoke the order and setting out its effect; and
(b) specifying the period being not less than 30 days from the date of delivery of the notice within which representations or objections to the proposed publication may be made, and shall consider any representations or objections which are duly made and not withdrawn within 10 days of the receipt thereof.
(8) If, after giving a notice under sub-section (7) above, the Commission decides not to revoke the final order to which the notice relates, it shall give notice of its decision to the concerned persons.
(9) A notice under sub-section (7) or (8) above shall be given by the procedure set out in clauses (a) and (b) sub-section (7) of Section 28.
Section 30 Effect and enforcement of Interim and Final Orders and emergency provision
(1) Without prejudice to Section 46 of this Act, all orders and directions, interim or final, passed by the Commission shall be enforceable in law as if it were a decree passed by a Civil Court.
(2) The Commission shall be entitled to take such assistance of the police and other authorities in the State required to effectively enforce the orders and directions given by the Commission.
(3) The Commission shall be entitled to give directions for vesting of the management and control of any undertaking of the licensee with the assets, interests and rights of the undertaking with any other persons or authority pending any inquiry and passing of interim or final orders in the matter, if the Commission considers, taking into account the objects and purposes of this Act and the need to maintain continued supply of electricity in an efficient and safe manner to the consumer, it is necessary and expedient to pass such orders or directions. Such directions or orders shall not be questioned on the ground that no prior notice of or hearing on the intention to pass the order or direction was given to the licensee. The Commission shall however give opportunity to the licensee and hear the licensee before passing further orders in terms of Section 28 and 29 of this Act.
Section 31 Fines and Charges
(1) The Commission shall be entitled to impose such fines and charges as may be prescribed by the Commission in the regulations for non-compliance or violation on the part of the Generating Companies, licensees or other persons, of the provisions or requirements of this Act or rules and regulations framed thereunder and directions or orders of the Commission made from time to time. The fines which the Commission shall be entitled to impose may extent up to Rs.5,00,000 (five lakhs) for an act of non-compliance or violation and a further amount non exceeding Rs.20,000 (twenty thousand) for every day during which the non-compliance or violation continues.
(2) The Commission shall, while making an interim or final orders under this Part, shall be entitled to direct compensation to be paid by the person guilty of violation or non-compliance as provided in sub-section (1) to the person or persons affected by such violation or non-compliance.
(3) The fines, charges and compensation which may be imposed by the Commission under this Section shall be in addition to and not in derogation of any other liability, which the person guilty of violation or non-compliance, may have incurred.
Section 31A General control of the Commission
The generating company(ies) shall comply with the regulations that may be framed by the Commission concerning the operation and maintenance of the power system and electric supply lines in an efficient and economical manner.
PART 10 Advisory Committee, Consumer Consultation
Section 32 Commission Advisory Committee
(1) The Commission shall constitute a Committee to be known as the Commission Advisory Committee, in consultation with the State Government which shall consist of such number of persons being not less than 15 and not more than 21 as the Commission may appoint after consultation with such representatives or bodies representative of the following interests as the Commission thinks fit, that is to say, holders of supply licences in the State, holders of transmission licences in the State, generating companies operating in the State, Commerce, Industry, Transport, Agriculture, Labour Employed in the electricity supply industry and consumers of electricity.
(2) The Chairman and members of the Commission shall be ex officio Chairman and Members of the Commission Advisory Committee.
(3) The term of the members of Advisory Committee shall be for a period of three years and one third of the members shall retire annually.
(4) The Commission Advisory Committee shall meet at least once in every three months.
(5) The functions of the Commission Advisory Committee shall as follows:
(a) to advice the Commission on major questions of policy, relating to the electricity industry in the State; and
(b) to advice the Commission on any matters which the Commission may put before it, including matters relating to the quality, continuity and extent of service provided by licences and compliance by licensees with the conditions and requirements of their licences.
Section 33 Consumer protection; standards of performance
(1) The Commission may, after consultation with (a) holders of supply licences, (b) other persons or bodies appearing to the Commission to be representative of persons and categories of persons likely to be affected and (c) the Commission Advisory Committee, frame regulations prescribing:
(a) the circumstances in which such licensees are to inform consumers of their rights;
(b) the standards of performance in relation to any duty arising under sub-section (a) above or otherwise in connection with the electricity supply to the consumers; and
(c) the circumstances in which licenses are to be exempted from any requirements of the regulations or this Section and may make different provision for different licensees.
(2) Nothing in this Section or other provision of this Act shall in any way prejudice or affect the rights and privileges of the Consumers under other laws including but not limited to the Consumer Protection Act, 1986.
Section 34 Electricity supply; overall performance standards
(1) The Commission may, after consultation with the licensees, the Commission Advisory Committee, and with persons or bodies appearing to it to be representative of person likely to be affected, from time to time,-
(a) determine such standards of overall performance in connection with the provision of electricity supply services and in connection with the promotion of the efficient use of electricity by consumers as, in its opinion, is economic and ought to be achieved by such licensees; and
(b) arrange for the publications, in such form in such manner as it considers appropriate, of the standards so determined.
(2) Different standards may be determined under this Section for different licensees.
Section 35 Information with respect to Levels of Performance
(1) The Commission shall from time to time collect information with respect to,-
(a) the fines or penalties levied on licensees under this Act;
(b) the levels of overall performance achieved by such licensees in connection with the transmission and provision of electricity supply services; and
(c) the levels of performance achieved by such licensees in connection with the promotion of the efficient use of electricity by consumers.
(2) On or before such date in each year as may be specified in a direction given by the Commission, each licensee shall furnish to the Commission the following information,-
(a) with respect to each standard prescribed the number of cases in which a penalty was levied and the aggregate amount of value of those penalties; and
(b) With respect to each standard determined such information with respect to the level of performance achieved the licensee as may be so specified.
(3) The Commission shall, at least once in every year, arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or furnished to it under this Section as may appear to the Commission to be so required.
Section 36 Restriction on disclosure of information
(1) Subject to the provisions of this Act, no information with respect to any particular business which in the opinion of the Commission is confidential; and
(a) has been obtained by the Commission under or by virtue of any of the provisions of this Act; and
(b) relates to the affairs of any individual or to any particular business shall during the life time of that individual or for so long as that particular business continues to be carried on, be disclosed by the Commission without the consent of that individual or the person for the time being carrying on that business.
(2) The restriction contained in sub-section (1) above shall not apply to any disclosure of information which is made:
(a) for the purpose of facilitating the carrying out by the State Government of any of its functions under a statute;
(b) for the purpose of facilitating the carrying out by the Central Government of any of its duties or functions under this Act or any Central legislation;
(c) for the purpose of facilitating the Accountant General, Andhra Pradesh to carry out his duties and functions under this Act;
(d) for the purpose of enabling or assisting any competent person to carryout functions under the enactment relating to insolvency;
(e) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; or
(f) for the purposes of any civil proceedings brought under or by virtue of this Act or any other State or Central legislation to which the information is directly relevant.
(3) The restrictions contained in sub-section (1) above do not apply to the disclosure of any information relating to tariff.
PART 11 Arbitration and Appeals
Section 37 Arbitration by the Commission
(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996), any dispute arising between licensees shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator or arbitrators to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be such as may be prescribed by regulations.
(2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including orders to,-
(a) confirm and enforce the award;
(b) set aside or modify the award, or
(c) remit the award for reconsideration by the arbitrator.
(3) The award given by the Commission under sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be appealable as provided in this Act.
(4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.
Section 38 Appeals from decisions of Electrical Inspectors
Notwithstanding the provisions of sub-section (2) of Section 36 of the Indian Electricity Act, 1910 in the absence of any express provision to the contrary in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, or any rule made thereunder, an appeal shall lie from the decision of an Electrical Inspector (other than an Inspector of the Central Government or the Central Electricity Authority) to the Commission or to an arbitrator to be appointed by the Commission in terms of Section 37.
Section 39 Appeals against the orders of the Commission
A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court of Andhra Pradesh within sixty days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period not exceeding thirty days.
PART 12 Offence and Penalties
Section 40 Penalty for contravention of Section 14
Whoever in contravention of the provisions of this Act or the regulations framed under this Act or the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or the rules framed under the said Acts, engages in the business of transmission or supply or use of energy, shall be punishable with imprisonment which may extend to one year or with penalty by way of fine which may extend to Rs.5,00,000 (five lakhs) or both and further penalty which may extend to Rs.20,000 (twenty thousand) for each day after the first during which the offence continues.
Section 41 Penalties for contravention of other provisions
If any licensee or other person refuses or fails without reasonable excuse to comply with or give effect to, any direction, order of requirement made under any of the provisions of this Act he shall be punishable with imprisonment which may extend to six months or with penalty by way of fine which may extend to Rs.5,00,000 (five lakhs or both and a further penalty which may extend to Rs.20,000 (twenty thousand) for each day after the first during which the offence continues.
Section 42 Offences by companies
(1) Where an offence under this Act has been committed by a company every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the Commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), wherein an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent for connivance of, or is attributable to any neglect on the part of, any Director, Manager, Secretary or other officer of the company such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. For the purposes of this Section.
(a) "Company" means a body corporate and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm, means a partner in the firm.
Section 43 Power to compound offences
The Commission may for reasons to be recorded in writing either before or after the institution of proceedings compound any offence relating to contravention of any order made by it.
Section 44 Cognizance of offences
(1) No Court shall take congnizance of any offence punishable under this Act except upon a complaint in writing made by an officer of the Commission, generally or specially authorised in this behalf by the Commission and no Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of First Class or a Court superior thereto shall to try any such offence.
(2) Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) the Court may, if it sees reason so to do, dispense with the personal attendance of the officer of the Commission filing the complaint.
Section 45 Penalties and proceedings not to prejudice other actions
The proceedings and actions under this Act against a person contravening the provisions of the Act or orders passed by the Commission shall be in addition to and without prejudice to actions that may be initiated under other Acts including and in particular under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
PART 13 Miscellaneous
Section 46 Recovery of fees, fines and charges
The Commission shall be entitled to recover all sums due to it under this Act, whether by way of licence, fees or fines and charges, in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 (A.P. Act II of 1864) as if any such sum were a public demand as defined in that Act and hand over the amount due to the person or authority concerned.
Section 47 Application of fine and charges
The Commission or Court imposing the fine and charges under this Act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings.
Section 48 No part of the fines or penalties imposed to be passed on
The licensee, Generating Companies and others on whom the fines, charges, penalties are imposed under this Act shall not, directly or indirectly, pass the same to the consumers in the form of tariff or charges payable.
Section 49 Protection of action taken in good faith
No suit or legal proceedings shall lie against the Commission or the Chairman or other members of the Commission or the staff or representatives of the Commission in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulations or order made thereunder.
Section 50 Bar of Jurisdiction
No order or proceeding made under this Act or rules or regulations framed under the Act shall be appealable except as provided in the Act and no Civil Court including under the Arbitration and Conciliation Act, 1996 shall have jurisdiction in respect of any matter which the Commission or the Appellate Authority under the Act is empowered by or under, this Act.
Section 51 Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act or the rules, regulations, scheme or orders made thereunder, the State Government may by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.
(2) Every order made under this Section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.
Section 52 Proceedings before the Commission to be Judicial Proceedings
All proceedings before the Commission shall be deemed to be judicial proceeding within the meaning of Sections 193, 219 and 228 of the Indian Penal Code and the Commission shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Section 53 Members and staff of Commission to be public servants
The Chairman, other members and officers and other employees of the Commission appointed for carrying out the objects and purposes of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
Section 54 Power to make regulations
(1) The Commission may make regulation by notification in the Official Gazette, for the proper performance of its functions under this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions and matters specifically provided for in this Act, such regulations may provide for all or any of the following matters, namely,-
(a) the administration of the affairs of the Commission including the exercise of its administrative, quasi-judicial and judicial powers including arbitration and procedure summoning and holding of the meeting of the Commission the times and places at which such meetings shall be held, the conduct of the business thereof.
(b) the duties of the Secretary, Officers and employees of the Commission their salaries, allowances and conditions of service.
(c) determination of the functions to be assigned to licensees and others involved in the generation purchase, transmission, distribution and supply of electricity, the manner in which such functions shall be discharged and the procedure and code to be adopted in regard to power system and electric supply lines;
(d) the procedure for licensing of transmission and supply, the conditions for the grant of licences and particulars details and documents to be made available by the persons applying for the licence the standard and general conditions subject to which the licence shall be granted the exemption from grant of licence revocation and amendment and effect thereof of the licence and all matters related to the above;
(e) the duties, powers rights and obligations of the licensee;
(f) the particulars to be furnished, the collection of information details particulars documents accounts books and other records from or of the persons involved in the generation, transmission, distribution, supply and use of electricity the form and manner in which the same are to be furnished and enforcing and compelling the production of the same;
(g) method and manner of determination of licensee's revenues, tariff fixation, the matters to be considered in such determination and fixation;
(h) the constitution of the Commission Advisory Committee;
(i) the determination of the standard of performance of the persons involved in the generation transmission distribution and supply of electricity in the State;
(j) the amount of fines and penalties to be imposed for violation of provisions of this Act including the method and manner of imposition of fines and penalties and collection of the same;
(k) the regulation of the properties, assets and interest in the properties used for or in connection with the electricity industry in the State;
(l) any other matter which is required to be or may be prescribed by regulations.
Section 55 Power to make Rules
(1) The State Government may by notification make rules to carry out its functions under the provisions of the Act.
(2) In particular and without prejudice to the generality of the foregoing power and matters specifically provided for in this Act, such rule may provide for all or any of the following matters, namely,-
(a) the procedure to be adopted by the Selection Committee for discharge of functions under the Act,
(b) the preparation and implementation of the transfer scheme, the transfer of assets, liabilities and personnel to Generating Companies licensees and others in the State;
(c) the financing funding giving of guarantee to the persons involved in the generation, transmission, distribution and supply of electricity in the State; and
(d) any other matter required to be or may be prescribed by rules.
(3) Every rule made under this Section shall immediately after it is made be laid before the Legislative Assembly of the State if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
PART 14 Effect on Existing Central Legislation
Section 56 Effect of the Act on the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948
(1) Except as provided in Section 57 of this Act, the provisions of this Act, notwithstanding that the same are inconsistent with or contrary to the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 shall prevail in the manner and to the extent provided in sub-section (3).
(2) Subject to sub-section (1) in respect of all matters in the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 with which Andhra Pradesh State Electricity Board has been concerned or dealing with, upon the constitution of the Commission the functions of the Board shall be discharged by the Commission and the APTRANSCO:
Provided that,-
(a) the State Government shall be entitled to issue all policy directives and undertake overall planning and co-ordination as specified in Section 12 of this Act and to this extent the powers and functions of the Andhra Pradesh State Electricity Board as per the provisions or the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or rules thereunder shall vest in the State Government and the State Government shall co-ordinate and deal with the Central Government and the Central Electricity Authority;
(b) in respect of such matters which the Commission directs in terms of a general or special order or in the regulations or in the licence as the case may be the Generating Company or Companies the licensees or other body corporate as may be designated by the Commission shall discharge the functions of the Board under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 to the extent directed by the Commission or specified in licences.
(3) Subject to sub-sections (1) and (2) of this Section upon the establishment of the Commission the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 shall insofar as the State is concerned, shall be read subject to the following modifications and reservations. Indian Electricity Act, 1910
(i) All references to State Electricity Board in the Indian Electricity Act, 1910 insofar as the State is concerned shall be read as reference to the Andhra Pradesh Electricity Regulatory Commissioner or APTRANSCO or other licensees or wherever it relates to general policy matters to the State Government;
(ii) In respect of matters provided in Sections 3 to 11, 28, 36(2), 49A, and 50 and 51 of the Indian Electricity Act, 1910, to the extent this Act has made specific provisions, the provisions, the Indian Electricity Act, 1910 shall not apply in the State;
(iii) The provisions of all other Sections of the Indian Electricity Act, 1910 shall apply except that,-
(a) the term "licence", "licensee", "license holder" shall have the meaning as defined under this Act and the licences shall be construed as having been issued under this Act;
(b) the reference to the Sections of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 in the provisions of the Indian Electricity Act, 1910 shall be taken as reference to the corresponding provisions of this Act to the extent modified by the said Act;
(c) the reference to arbitration in these provisions except where it is by the Central Electricity Authority shall be taken as reference to the proceedings under Section 37 of this Act and the arbitration procedure prescribed under the Indian Electricity Act, 1910 shall not apply.
(iv) The Schedule to the Indian Electricity Act, 1910 shall be applicable only with reference to the provision in this Act wherein the applications of the Schedule are specified and not otherwise; Electricity (Supply) Act, 1948
(v) All references to State Electricity Board in the Electricity (Supply) Act, 1948 insofar as the State of Andhra Pradesh is concerned shall be read as reference to the Andhra Pradesh Electricity Regulatory Commission or APTRANSCO or other licensees or where it relates to general policy matters of the State Government;
(vi) In respect of matters provided in Sections 5 to 18, 19, 20, 23 to 27, 37, 40 to 45, 46 to 54, 56 to 69, 72 and 75 to 83 of the Electricity (Supply) Act, 1948, to the extent this Act has made specific provisions, the provisions of the Electricity (Supply) Act, 1948 shall not apply in the State;
(vii) The provisions of all other Sections of the Electricity (Supply) Act, 1948 shall apply except that-
(a) the term "licence" "licensee" "license holder" shall have the meaning as defined under this Act and the licences shall be construed as having been issued under this Act;
(b) the reference to the Sections of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 in the provisions of the Electricity (Supply) Act, 1948 shall be taken as reference to the corresponding provisions of this Act to the extent modified by this Act;
(c) the reference to arbitration in these provisions except where it is by the Central Electricity Authority shall be taken as reference to the proceedings under Section 37 of this Act and the arbitration procedure prescribed under the Electricity (Supply) Act, 1948 shall not apply;
(viii) The provisions of Sections 72, 73 of the Electricity (Supply) Act, 1948 shall be restricted to Generating Companies and reference to the State Electricity Board in these Sections shall stand deleted;
(ix) The Schedules to the Electricity (Supply) Act, 1948 shall be applicable only with reference to the provisions in this Act wherein the applications of the Schedules are specified and not otherwise.
Section 57 Savings
(1) Notwithstanding anything contained in this Act - the powers, rights and functions of Regional Electricity Authority the Central Electricity Authority the Central Government and authorities other than the State Electricity Board and the State Government under the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948 or rules framed thereunder shall remain unaffected and shall continue to be in force.
(2) Nothing contained in this Act shall apply to the Power Grid Corporation of India Limited or other bodies or licensees in relation to the inter-State transmission of the electricity or Generating Companies owned or controlled by Central Government or Undertaking owned by the Central Government.
SCHEDULE 1 The Andhra Pradesh Electricity Regulatory Commission
Schedule
Part 1
The Commission's Finance, Accounts and Audit
I. Annual Financial Statement
(1) In December of each year the Commission shall submit to the State Government a Statement of its estimated expenditure for the ensuing financial year.
(2) The State Government shall as soon as possible after the receipt of the said statement cause it to be laid on the table of the State Legislative Assembly.
(3) The Commission may at any time during the year in respect of which a statement under sub-paragraph (1) has been submitted, submit to the State Government a supplementary statement, and all the provisions of this Section shall apply to such statement as they apply to the statement under the said sub-section.
II. Accounts and Audit
(1) The Commission shall cause proper accounts and other records in relation thereto to be kept, including a proper system of internal check and shall prepare an annual statement of accounts, in such form as may be prescribed by regulations made by the Commission in consultation with the Accountant-General, Andhra Pradesh.
(2) The accounts of the Commission shall be audited by the Accountant General, Andhra Pradesh or by such person as he may authorise on his behalf and any expenditure incurred by him in connection with such audit shall be payable by the State Government.
(3) The Accountant-General, Andhra Pradesh or any person authorised by him in connection with the audit of the accounts of the Commission shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers of the Commission.
(4) The accounts of the Commission as certified by the Accountant-General, Andhra Pradesh or any other person authorised by him on his behalf together with the audit report thereon shall be forwarded to the State Government within six months of the close of the year to which the accounts audit report relates and the Commission shall cause the said accounts of the Commission to be published and make available copies thereof on sale at a reasonable price. The audit report shall contain full details of any discrepancies or irregularities in the accounts of the Commission. At the same time, the Commission shall publish an annual statement of its activities in relation to the functions carried out by it under this Act during the year to which the said accounts relate and make available copies thereof on sale at a reasonable price.
(5) The State Government shall cause the accounts of the Commission, together with the audit report thereof forwarded to it under sub-paragraph (4) to be laid annually before the State Legislative Assembly.
Part II
General
III. Remuneration etc.
(1) The Chairman and the Members of the Commission shall be paid from the funds of the Commission such remuneration and such travelling expenses and allowances, as the State Government may determine provided that the same shall at no time be inferior to pay and allowances paid to the Judges of Andhra Pradesh High Court.
(2) The State Government may cause to be paid as an expense of the Commission to or in respect of any person holding the office of Chairman or a Member of the Commission such pension, allowance or gratuity of such contributions or payments towards provision of such a pension allowance or gratuity.
IV. Official Seal
The Commission shall have an official seal for the authentication of documents required for the purposes of its functions.
V. Performance of Functions Anything authorised or required by or under this Act or any other enactment to be done by the Commission may be done by any member of the staff of the Commission who is authorised generally or specially in that behalf by the Commission.
RULE:
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1999
In exercise of the powers conferred by Section 55 read with sub-section (2) of Section 6 of the A.P. Electricity Reform Act, 1998 (Act 30 of 1998) the Governor of Andhra Pradesh hereby makes the following Rules, prescribing the conditions of the service of the Chairman and Members of the Andhra Pradesh Electricity Regulatory Commission, namely
Rule 1 Short title and commencement
(1) These Rules may be called the Andhra Pradesh Electricity Regulatory Commission (Conditions of Service of Chairman and Members) Rules, 1999.
(2) They shall come into force on the date of their publication in the Andhra Pradesh Gazette.
Rule 2 Definitions
(1) In these Rules, unless the context otherwise requires,-
(a) "Act" means the Andhra Pradesh Electricity Reform Act, 1998;
(b) "Chairman" means the Chairman of the Andhra Pradesh Electricity Regulatory Commission;
(c) "Commission" means the Andhra Pradesh Electricity Regulatory Commission;
(d) "Compensatory Allowance" means all allowances granted to meet personal expenditure necessitated by the special circumstances in which duty is performed; and
(e)"Member" means Member of the Commission and includes the Chairman thereof;
(f) "Government" means the Government of Andhra Pradesh.
(2) Words and expressions used in these Rules and not defined shall have the meaning respectively assigned to them in the Act.
Rule 3 Pay and Allowances of Chairman and Members
(1) The Chairman and Members shall receive a pay of Rupees Thirty Thousand and Rupees Twenty Six Thousand respectively per month or the last pay drawn by him whichever is more if he is appointed from Government service after his retirement subject to deduction of the gross amount of pension including any commuted portion thereof.
Note :-While the pay of Chairman is to be equal to that of Chief Justice, the pay of Members shall be on par with the Judges of the High Court. As and when the pay and allowances to High Court Judges are revised, corresponding revision shall be made for Chairman and Members of the Commission by the Government of Andhra Pradesh suitably amending the Rules.
(2) The Chairman or Members shall be entitled to receive such Dearness Allowance and other allowances as may be admissible to the Judges of the High Court :
Provided that the pay of the Chairman or Member shall be deemed to include the pension (if any) in determining the admissibility for Dearness Allowance. (3) A Member shall be entitled to receive the pay and allowances of the Chairman for the time during which he holds charge of the post of the Chairman in his absence on leave or otherwise in addition to his own duties.
Rule 4 Leave to Members
(1) A Member from the date of his appointment to the service of the Commission shall be entitled to leave and payment of leave salary as is admissible to IAS Officers from time to time.
(2) A Member may be paid cash equivalent to leave salary and dearness allowance in respect of the period of earned leave at his credit at the time of retirement on superannuation subject to the following conditions, namely :_
(a) The admissibility and such payment shall be limited to a maximum period of one hundred and fifty days earned leave;
(b) The cash so admissible shall become payable on retirement and be paid in lumpsum as a one time settlement;
(c) The rate of leave salary and dearness allowance admissible under this Rule shall be the same as admissible to a Member for earned leave on the date of retirement and no compensatory allowance and/or house rent allowance will be payable;
(d) The authority competent to grant earned leave shall be competent to issue order granting cash equivalent to earned leave.
(3) A Member may, in addition to any leave salary shall be entitled to draw under sub-rule (1), any pension to which he is entitled on the date of his leave.
Rule 5 Leave to Chairman
(1) The leave admissible under these Rules to a Member, shall also be admissible to Chairman.
(2) The authority competent to sanction leave to a Member or Chairman shall be the Governor of Andhra Pradesh.
Rule 6 Pension
(1) In this Rule unless the context otherwise requires,-
(a) "Service" includes -
(i) Time spent on duty as Member of the Commission;
(ii) Time spent on duty by a Member in the performance of such other functions as he may, at the request of the Governor, undertake to discharge;
(iii) Joining time on transfer to the office of Member from a post or an office under the Union or a State; and
(iv) One month or the number of days totally taken whichever is less, of each period of leave on full allowances.
(b) "Service Pension" in relation to a Member who before or at the date of appointment as Member was in the service of the Union or of a State, means the pension admissible to him under the rules of the service of which he was a member.
(2) Subject to the provisions of these Rules, pension shall be payable to a Member only if he has completed not less than two years of service. No pension shall be payable to a Member on his removal from service. If a Member, who has completed two years of service or more, takes voluntary retirement from his office and such voluntary retirement is accepted by the Governor, he shall be entitled to the pension as admissible under these Rules.
(3) The pension under these Rules shall be payable to a Member for life.
(4) The annual pension payable to a Member of the Commission on his relinquishing charge shall be as follows :
(a) In the case of Chairman Rs.2,250/- per Half-year of service subject to a maximum of Rs.22,500/- per year if he has completed 5 years of service.
(b) In case of Member other than Chairman Rs.1,715/- per Half-year of service subject to a maximum of Rs.17,150/- per year if he has completed 5 years of service.
(c) If a Member or Chairman has completed less than 5 years of service the pension is to be calculated at the rate of Rs.1,715/- or Rs.2,250/- respectively for each completed Half-year of service. For calculating a Half-year service, a period of 3 to 6 months is to be taken as one Half-year and below 3 months is to be omitted for calculation of Pension.
(d) In the case of a person who has rendered service as a Member and also Chairman and if the total period of service is more than two years he shall be entitled for payment of pension in the post last held by him before relinquishing charge.
(e) As and when pension payable to a High Court Judge under the first schedule of Part I Rule 2 of the High Court Judges (Conditions of Service) Act, 1954 is revised, corresponding Half-yearly service pension revision should be made for Chairman and Members of the Commission by Government by suitably amending the rules.
(5) The Pension payable under sub-rule (4) shall not be commuted.
(6) The authority competent to grant pension to Chairman and Members shall be the Governor of Andhra Pradesh.
(7) Family Pension :-Where a Member of the Commission dies while in service after having rendered not less than one year of continuous service, the rate of family pension calculated at the rate of 50% of the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto for a period of 7 years or for a period upto the date on which the Member/Chairman would have attained the age of 65 years had to be survived, whichever is earlier and thereafter at the rate of half of the family pension so admissible, subject to a minimum of Rs.375/- per month. Family pension is payable to persons nominated by the Member/Chairman or to the legal heir if no nomination is made.
(8) The pension and family pension shall be payable at the end of each month at the rate of 1/12th of the pension allowed per annum.
Rule 7 Gratuity
The Chairman and Members shall be entitled to the benefit of gratuity calculated on the basis of 10 days salary for each completed half-year of service if they have completed not less than two years of service in the Commission.
Rule 8 Travelling Allowance
For journey on duty, within or outside the State, the Chairman or a Member shall be entitled to draw such travelling allowance and daily allowance as may be admissible to Andhra Pradesh High Court Judge in respect of similar journeys under the rules or orders applicable from time to time. The Chairman or a Member shall be entitled to draw travelling allowance for the journey to join his post as if for a journey on transfer : Provided that on retirement from service, the Chairman or a Member and his family shall be entitled to draw travelling allowance for the journey from the last station of duty to his home town as per provisions of the Andhra Pradesh Travelling Allowance Rules as would be admissible to Judges of the High Court.
Rule 9 Leave Travel Concession
The Chairman and the Members shall be entitled to the benefit of leave travel concession as admissible to the Judges of the High Court.
Rule 10 Medical Treatment
The medical and surgical treatment of Chairman or a Member and his family shall be provided for, in accordance with the rules which for the time being apply to the Judges of the High Court.
Rule 11 Application of Rules of High Court Judge
In respect of any matter for which special provision is not made by these Rules the conditions of service of a person serving as the Chairman, or a Member of the Commission shall be governed by the Rules and orders for the time being applicable to Judges of the High Court.
Rule 12 Subscription to General Provident Fund
Notwithstanding any provision to the contrary in the General Provident Fund (AP) Rules, the Chairman and a Member shall be entitled to subscribe to the General Provident Fund (AP) in accordance with the provisions of these Rules with effect from the date of his appointment.
Rule 13 Residential Accommodation
If a residence owned or leased by Government is allotted to the Chairman or a Member, his occupation of the residence shall be subject to the rules, which apply to Judges of the High Court.
Rule 14 Sumptuary Allowance
The Chairman and Members of the Commission shall only be entitled to a sumptuary allowance at the rate of Rs.3,000/- (Rupees three thousand) per month and Rs.2,000/- (Rupees Two Thousand) per month respectively.
Rule 15 Vehicles
(a) The Chairman and Members shall be entitled to use Government vehicle for private purpose as applicable to Judges of the High Court.
(b) Every Member of the Commission shall be entitled to a staff car and 250 litres of fuel per month or actual consumption of fuel whichever is less.
Rule 16 Saving
The pay and allowances, leave, pension and other service benefits admissible to Chairman and Members of the Commission under these rules shall not be varied to their disadvantage during their tenure.
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (APPOINTMENT OF CHAIRMAN AND MEMBERS) RULES, 1999
5th MARCH, 1998
In exercise of the powers conferred by sub-section 2(a) of Section 55 read with sub-section (6) of Section 4 of the Andhra Pradesh Electricity Reform Act, 1998, the Governor of Andhra Pradesh hereby makes the following namely:
Rule 1 Short title
(1) There Rules may be called the Andhra Pradesh Electricity Regulatory Commission (Appointment of Chairman and Members) Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 Definitions
(1) In these Rules, unless the context otherwise requires--
(a) Act means the Andhra Pradesh Electricity Reforms Act, 1998;
(b) Chairman means the Chairman of the Andhra Pradesh Electricity Regulatory Commission established under Section 3 of the Act;
(c) Committee means the Selection Committee as provided under sub-section (1) of Section 4 of the Act;
(d) Convenor means the convenor of the Selection Committee as provided under sub-section (2) of Section 4 of the Act;
(e) Member means the Member of the Andhra Pradesh Electricity Regulatory Commission established under Section 3 of the Act;
(f) Government means the Government of Andhra Pradesh.
(2) The words and expression used but not defined in these Rules shall have the same meaning as respectively assigned to them in the Act.
Rule 3 Method and manner of selection and appointment of Members of the Commission
(1) The Selection Committee shall sheet expeditiously to select persons for appointment of Members of the Commission in accordance with the provisions of the Act.
(2) In the case of recruitment of the first three Members of the Commission Convenor shall expeditiously take all necessary steps of convening the meeting of the Selection Committee to recommend the names of suitable persons having qualification and experience mentioned in Section 5 of the Act.
(3) According to sub-section (3) of Section 4 of the Act, the Convenor of the Selection Committee shall call for nominations for appointment as Members from general public and from professional bodies, consumer organisations by giving wife publicity. For this, the Convenor of the Selection Committee should issue a press notification and send letters of request to such of the Departments of State and Central Government, Public and Private undertakings engaged in Generation, Transmission, Distribution and Supply of Electricity, Industrial Organisations, Chamber of Commerce, Judicial Authority, Financial Institutions, Educational Institutions, Registered consumer organisations in the State and other organisations as prescribed in the Act. It should be ensured that the persons sending the nominations should also enclose the willingness of the candidate to take up the appointment and also the particulars required under sub-section (3) of Section 5 of the Act.
(4) The Convenor of the Selection Committee shall prepare a list of suitable candidates out of the names received as per request made under sub-rule (3) or otherwise available and put up to the Selection Committee for consideration and selection. The criteria for selection of members shall be as may be decided by the Selection Committee from time to time subject to provisions of Section 5 of the Act. The Selection Committee shall satisfy itself that the candidate is not liable to be disqualified for appointment as Member under sub-section (2) of Section 5 of the Act. The Selection Committee shall prepare a panel of two suitable persons for each vacancy in the Commission.
(5) In the case of an impending vacancy in the office of a member, the Secretary of the Commission shall notify the same to the Convenor well in advance and in any case, ninety days before the date on which the vacancy will arise.
(6) In the case of vacancy in the office of a member, other than the impending vacancy, immediately upon the occurring of the vacancy, the Secretary of the Commission shall notify the same to the Convenor.
(7) Immediately upon receiving the intimation of the vacancy or otherwise upon the knowledge of the vacancy, the Convenor shall arrange for constitution of Selection Committee by the Government and in consultation with the Committee shall finalise the date, time and place of the meeting of the Selection Committee to consider and recommend the persons for appointment of member to fill up the vacancy.
(8) The Selection Committee shall consider and satisfy itself of the qualification and experience required of a candidate for each vacant post in the Commission in accordance with the provisions mentioned in Section 5 of the Act. All decisions of the Selection Committee shall be by majority.
(9) While making the selection, preference may be given to those persons having knowledge of Telugu and who are associated with Electricity Industry.
(10) The Convenor shall inform the State Government in writing, the names of two candidates selected by the Selection Committee against each vacancy in alphabetical order.
(11) The Convenor shall supply all information received from the selected persons under sub-section (3) of Section 5 and other details about the qualification and experience of such persons to State Government, so that it can satisfy itself that the recommended candidates do not have any financial or other interest as mentioned in sub-section (2) of Section 5 of the Act.
(12) The State Government shall notify, in the Official Gazette, without any delay the name (s) of the person (s) finally selected and appointed as member or members and also communicate the name(s) to the members of the Selection Committee and the members and Secretary of the Commission.
(13) Subject to the provisions of the Act and these Rules the Selection Committee shall make its own procedure for the conduct of its proceedings.
(14) As the State Government shall establish by notifying the Andhra Pradesh Electricity Regulatory Commission for the first time within 3 months of the Act coming into force, the Selection Committee should ensure that its recommendation for selection of members is submitted to State Government without any delay and as far as possible well within the time limit given under sub-section (3) of Section 4 of the Act.
Rule 4 Method and manner of Recruitment of Chairman of the Commission
(1) On the recommendation of the Selection Committee, the State Government shall designate one of the members as Chairman of the Commission.
Rule 5 Undertaking, Oath of Office and Secrecy
The Chairman or Member of the Commission shall before assumption of his office give an undertaking that.
(A) He is not disqualified in any manner as provided under the Act for appointment as Member or Chairman of the Commission:--
(b) He ceased to have any interest in any of the employment prohibited under the provisions of the Act; and
(c) He shall make and subscribe to an oath of office and secrecy in Forms I and II respectively provided in the schedule annexed to these rules before the Governor or some other persons appointed in that behalf by him.
SCHEDULE 1 SCHEDULE
Form 1 FORM
FORM 1
(Form of Oath of Office of Chairman/Members of the Andhra Pradesh Electricity Regulatory Commission)
I, ......................................... having been appointed as Chairman/Member of the Andhra Pradesh Electricity Regulatory Commission do solemnly affirm/swear in the name of God that I will faithfully and conscientiously discharge my duties as Chairman/Member to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will.
Signature of Chairman/Member
Form 2 FORM
FROM 2
(Form of Oath of Secrecy for Chairman/Member of the Andhra Pradesh Electricity Regulatory Commission)
I, ...................................................... having been appointed as Chairman/Member of the Andhra Pradesh Electricity Regulatory Commission do solemnly affirm/swear in the name of God that I will not directly or indirectly communicate or reveal to nay person or persons any matter which shall be brought under my consideration or shall become known to me as Chairman/Member of the said Commission except as may be required for the due discharge of my duties as Chairman/Member.
Signature of Chairman/Member
REGULATION:
ANDHRA PRADESH ELECTRICITY REGULATION COMMISSION (CONSTITUTION OF COMMISSION ADVISORY COMMITTEE AND ITS FUNCTIONING) REGULATIONS, 1999
In exercise of the powers conferred by Section 32 and sub-section (2)(h) and (l) of Section 54 of the A.P. Electricity Reform Act, 1988 (Act 30 of 1998), the A.P. Electricity Regulatory Commission makes the following Regulations, prescribing ;the guide lines in respect of constitution of Commission Advisory Committee (CAC) and its functions.
Regulation 1 Short title and its commencement
1.1 These Regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Constitution of Commission Advisory Committee and its functioning) Regulations, 1999.
1.2 They shall come into force on the date of their publication in the Andhra Pradesh Gazette.
Regulation 2 Establishment of the Commission Advisory Committee
2.1 Identification of CAC Membership The Commission shall develop a list of potential candidates to serve on the CAC while reflects a balance of the various interest groups listed below pursuant to Section 32(1) of the Act. While nominating preference will be given to candidates with significant technical understanding of the electricity sector.
(a) Representatives of Holders of supply licence in the State.
(b) Representatives of Holders of Transmission licence in the State.
(c) Representatives of Generating companies operating in the State.
(d) Representatives of Commerce in the State.
(e) Representatives of Industry in the State.
(f) Representatives of Transport in the State.
(g) Representatives of Agriculture in the State.
(h) Representatives of Labour employed in the Electricity Supply Industry in the State.
(j) Representatives of consumers of Electricity in the State.
2.2. A list indicating the nominations/choice of the Commission in each category shall be presented to the Government of A.P. along with the explanatory note on the basis of nomination. After obtaining the views of the Government of A.P. the Commission shall finalise a list of candidates for appointment to the CAC.
2.3 Members of the CAC shall be nominated for three year terms and one third of the members shall retire annually.
2.4 A member who fails to attend three consecutive meetings of the committee without prior intimation to the Commission and without valid reasons for his absence shall forthwith cease to be a member of the committee.
2.5 Pursuant to Section 32(2) of the Act, the Chairman and members of the Commission shall be ex-officio Chairman and members of the Commission Advisory Committee.
Regulation 3 Functions of the CAC
3.1 Pursuant to Section 32(5) of the Act functions of the CAC are, as follows:
3.1.1 to advise the Commission on major questions of policy, relating to the electricity industry in the State and
3.1.2 to advise the Commission on any matter which the commission may put before it including matters relating to the quality, continuity and extent of service provided by the Licensees and compliance by Licensees with the conditions and requirements of their licenses.
3.2 To advise the Commission pursuant to Sections 33(1) and 34(1) of the Act, on (i) customers rights, (ii) standards of performance, (iii) publication of and reporting on such standards, and (iv) circumstances in which licensees are to be exempted from any requirements of the regulations, prior to the Commission framing Regulations on these matters.
3.3 To advise the Commission in a General Tariff Proceeding pursuant to Section 26(9) of the Act.
Regulation 4 Secretary of the CAC
4.1 The Secretary of the Commission shall be the Secretary of the CAC. He shall not be entitled to any extra remuneration on account of such work.
4.2 It shall be the duty of the Secretary to the CAC to convene meetings of the CAC and to give to the members thereof not less than 14 days notice in writing of the date, time and place of the proposed meeting, provided that the Chairman, if he so considers necessary, may reduce the period of notice in case of meetings convened to transact any urgent business.
Regulation 5 Commission Advisory Committee's interaction with the Commission
5.1 Pursuant to Section 32(5) of the Act, the CAC shall perform an advisory role for the Commission.
5.1.1 The suggestion/advice of the members of the Committee are to be invariably made in course of meetings of the Committee or in writing.
5.1.2 The proceedings of every meeting of the CAC shall be recorded in a minute book to be kept for the purpose and shall be signed by the Chairman of the meeting at that or at the next succeeding meeting.
5.1.3 Quorum - The quorum for a meeting of the CAC shall be six. All recommendations shall be by a majority of opinion.
5.1.4 Conduct of business in the meetings of the CAC.
(1) Pursuant to Section 32(4) of the Act, the CAC shall meet at least once in every three months.
(2) If there is no quorum within 25 minutes of the time appointed for meeting, no meeting shall be held and the Chairman of the meeting may adjourn the meeting to a specified date.
(3) No further notice need be given for an adjourned meeting.
(4) If at any time during the progress of the meeting after its commencement there is no quorum, it shall not be dissolved but shall continue to be held.
(5) No Quorum shall be necessary at an adjourned meeting.
(6) No matter shall be considered at an adjourned meeting other than matters left over at the meeting from which the adjournment took place, provided that the Chairman may bring or direct to be brought any new matter which in his opinion is urgent, before an adjourned meeting of the CAC with or without notice.
(7) No proceedings of the CAC shall be invalid by reason merely of a vacancy/vacancies existing in the committee or by any reason of non-receipt of the notice or the agenda paper provided it was duly issued or by reason of any irregularity in the conduct of the business of the meeting.
Explanation :-A notice shall be deemed to be duly issued if it is sent within prescribed time to the registered address of a member by post or by messenger.
(8) Every member shall have one vote.
(9) The Chairman of any meeting may direct any member of the CAC whose conduct at the meeting is, in his opinion, dis-orderly to withdraw and any such member so ordered shall be deemed to have withdrawn from the meeting.
(10) In cases not expressly provided for in these Rules for the conduct of a meeting the decision of the Chairman presiding at the meeting on all matters relating to the conduct of business at the meeting shall be final.
5.1.5 Chairman of meeting - The Chairman of the CAC shall preside at every meeting of the CAC. In his absence a member shall be nominated by the Commission to act as the Chairman of the meeting.
5.1.6 Place of meeting - Unless the Commission otherwise notifies, all meetings of the CAC shall be held at the Head Office of the Commission.
Regulation 6 Fees and travelling allowance for members of the CAC
6.1 A member of the CAC shall not be entitled to any remuneration other than that provided in these Rules.
6.1.1 A member of the CAC who is not a Government servant, or Employee of a Public Sector Undertaking shall be entitled to receive for each day on which a meeting is held and he is present, a daily allowance and travelling allowance or such other allowances at the rate admissible for the time being under the Travelling Allowance Rules to Directors of the Commission.
6.1.2 A member of the CAC who is a Government servant or employee of a Public Sector Undertaking shall draw travelling and daily allowances on the scale admissible to him from his parent organisation.
Regulation 7 Resignation
7.1 Any non-official member of the CAC may, by writing under his hand addressed to the Commission, resign his office as member of the CAC and it shall come into effect from the day the Chairman of the commission accepts the same.
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION STANDING LEGAL COUNSELS (TERMS AND CONDITIONS OF APPOINTMENT) REGULATIONS, 1999
In exercise of the power conferred by sub-section (1) and clause (1) sub-section (2) of Section 54 of the Andhra Pradesh Electricity Reforms Act, 1998 (Act No.30 of 1998), the Andhra Pradesh Electricity Regulatory Commission hereby makes the following Regulations relating to the terms and conditions of appointment of the Standing Legal Counsel to the Andhra Pradesh Electricity Regulatory Commission. Regulations
Regulation 1 Short title and commencement
(i) These Regulations may be called the Andhra Pradesh Electricity Regulatory Commission Standing Legal Counsels (Terms and Conditions of appointment) Regulations, 1999.
(ii) These Regulations shall come into force on the date of their publication in the AP Gazette.
(iii) These Regulations shall apply to the Legal Counsels as may be appointed from time to time.
Regulation 2 Appointment
(i) The Standing Legal Counsels shall be appointed by the Andhra Pradesh Electricity Regulatory Commission. The number of the Standing Counsels to be appointed shall be determined by the Commission depending upon volume of work.
(ii)
(a) An Advocate with not less than 20 years standing at bar shall only be appointed as Standing Legal Counsel in High Court and Supreme Court.
(b) An advocate with not less than 15 years standing can be appointed in criminal Court.
(iii) The appointment shall be for a period of not less than three years in the first instance and may be continued for such further periods from time to time as the Commission may be order direct.
(iv) The services of a Standing Legal Counsel shall be terminable on three months notice in writing on either side.
(v) The Commission reserves its right to engage any other Advocate in any specific case either before the High Court or any other Court or Tribunal or Forum depending on the nature of case and the specialisation possessed by such Advocate in the Subject relating to such case.
(vi) The Commission can engage an advocate for a specific case for consultation only.
Regulation 3 Appointment of a Senior Counsel
The Commission, may if it so desires or on the advice of the Standing Legal Counsel, engage a Senior Counsel in any case in High Court.
Regulation 4 Duties
The duties of the Standing Legal Counsel shall be as follows:
(a) To tender advice and opinion to the Commission and its functional heads in all matters involving legal implications as and when required.
(b) To prepare, settle and scrutinise agreements, deeds and other documents of legal nature as may be referred to him by the Commission or its functional heads.
(c) To prepare affidavits, counter affidavits, petitions, statement of cases and all other connected documentation in which they appear on behalf of the Commission.
(d) To appear on behalf of the Commission in all cases or classes of cases assigned to them, where the Commission is a party or its interests are involved before the High Court and when so required, before other Courts.
(e) To appear personally as far as possible, in cases entrusted to him and leave the cases to Juniors only in unavoidable and unforeseen contingencies and that too with the prior consent of the Commission.
(f) To perform such other work of legal nature as may be entrusted to him by the Commission from time to time.
Regulation 5 Standing Legal Counsels not to represent interests adverse to the Commission
The Standing Legal Counsel shall not appear against the Commission in any case or represent or give opinion or advice to others in any matter adverse to the interests of the Commission.
Regulation 6 Honororium
The principal Standing Legal Counsel, when more than one Standing Counsel are appointed for High Court, shall be paid a retainer fee of Rs.1500/- per month towards his duties as mentioned in Regulation No.4 above. He shall be paid Rs.500/- p.m. towards postage etc., for correspondence.
Regulation 7 Fees
(1) The Standing Legal Counsel shall be paid, besides the honororium payable under Regulation 6, the fees as prescribed in the Schedule appended in respect of all Legal Proceedings in Court as the case may be.
(2) The Commission shall have power to amend the Schedule from time to time.
Regulation 8 Payment of Reduced Fees in certain Cases
In the fees fixed by the Court or the Regulation, as the case may be, is considered too high, the Commission shall have the discretion to reduce such fees irrespective of whether or not costs are recoverable by the Commission and pay such smaller amount as may be determined in each case on the basis of work done and the time taken by the Standing Legal Counsel and in accordance with the principles given hereunder, purely as a working guide:
(1) The fees fixed by the Court as recoverable by the Commission from the other party will ordinarily be allowed;
(2) A reasonable fee will be allowed when the Court awards only proportionate costs recoverable by the Commission from the other party or when a case is decided against the Commission or decided in favour of the Commission but without costs.
(3) The Commission can also order for payment of higher fees than fixed in the schedule, if the nature of the case and the labour and time spent by the standing Counsel in a particular case deserves the same.
Regulation 9 Payment of Reasonable fees when engagement becomes terminated in pending cases
In case the engagement of the Standing Legal Counsel in any or cases or generally on behalf of the Commission becomes terminated either by reason of resignation or giving up of the case by the Commission or by the expiry of the term or by the Commission terminating the services of the Standing Legal Counsel for any reason and the case is still pending completion, the Commission shall have the full discretion to fix such fees irrespective of the case or cases as it considers reasonable having regard to the work done in the case or cases till the date of such termination of service.
ADVOCATE ON RECORD FOR THE ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION IN SUPREME COURT (APPOINTMENT, CONDITION OF APPOINTMENT AND REMUNERATION) REGULATIONS, 1999
In exercise of the power conferred by sub-section (1) and clause (1) sub-section (2) of Section 54 of the Andhra Pradesh Electricity Reforms Act, 1998 (Act No.30 of 1998), the Andhra Pradesh Electricity Regulatory Commission hereby makes the following Regulations relating to the terms and conditions of appointment of and remuneration to the Advocate-on-Record in Supreme Court for the Andhra Pradesh Electricity Regulatory Commission in Supreme Court. Regulations
Regulation 1 Short title and commencement
(i) These Regulations may be called "The Advocate-on-record for the Andhra Pradesh Electricity Regulatory Commission in Supreme Court (Appointment, Condition of Appointment and Remuneration) Regulations, 1999.
(ii) These Regulations shall come into force with immediate effect.
Regulation 2 Definitions
(1) "Acting" means filing an appearance or any pleadings of applications in any Court or Tribunal in India, or any act (other than pleading) required or authorised by law to be done by a party in such Court or Tribunal either in person or by his recognised agent or by an advocate or attorney on his behalf.
(2) "Advocate-on-record" means Advocate appointed by the Andhra Pradesh State Electricity Regulatory Commission for conducting cases in Supreme Court. "Commission" means Andhra Pradesh Electricity Regulatory Commission and includes any officer authorised by the Andhra Pradesh Electricity Commission to institute or defend cases on behalf of the Commission.
(3) "Senior Counsel" means any Advocate so designated under sub-section (2) of Section 16 of the Advocates Act, 1961.
(4) "Taxing Officer" means the officers of the Supreme Court whose duty it is to tax costs of proceedings in the Court.
Regulation 3 Appointment
(a) The Andhra Pradesh Electricity Regulatory Commission may appoint one or more Advocates as Advocate-on-record for the Andhra Pradesh Electricity Regulatory Commission in Supreme Court for the conduct of cases in Supreme Court on behalf of the Andhra Pradesh Electricity Regulatory Commission.
(b) An Advocate with not less than ten years standing in the Supreme Court shall be appointed as an Advocate-on-record.
Regulation 4 Appointment of a Senior Counsel
The Commission may if it so desires, or on the advice of the Advocate-on-record, engage a senior Counsel in any case.
Regulation 5 Period of appointment
The appointment of the Advocate-on-record shall be for a period of not less than three years in the first instance and may be continued for such further periods from time to time as the Commission may by order direct.
Regulation 6 Termination of appointment
The appointment of the Advocate-on-record shall be terminable on three months notice in writing on either side.
Regulation 7 Duties
The Advocate-on-record for the Andhra Pradesh Electricity Regulatory Commission in Supreme Court shall:
(a) Settle all affidavits, Petitions, Special Leave Petitions and statements of cases relating to the Commission and file in the Supreme Court.
(b) Whenever necessary shall engage a senior Counsel with the prior approval of the chairman of the Commission.
(c) Appear, whenever required, before any Tribunal or person legally authorised to take evidence in cases relating to the Commission.
(d) Appear whenever required before any authority or person before whom he is by or under any law for the time being in force entitled to practise in all case relating to the Commission.
Regulation 8 Fees and expenses
(a)
(i) Fees:-The scales of fees payable to the Advocate-on-record for the Andhra Pradesh Electricity Commission in Supreme Court shall be as specified in the schedule appended.
(ii) Advance payment of fee:-Fee shall not normally be paid in advance. Whenever the Advocate-on-record requires payment of fee in advance, one third of the fee to which he is entitled to, as per scale given in item (i) above shall be paid.
(iii) The Advocate-on-record shall keep a book of account showing moneys received by him and moneys due to him in each case and shall furnish a quarterly statement of account to the Commission.
(b) Expenses:-The Advocate-on-record shall be allowed reimbursement of the following miscellaneous expenses:
(i) Court Fee
(ii) Process Fee
(iii) Bank Commission
(iv) Typing and cyclostyling expenses
(v) Expenses on conveyance
(vi) If, in some cases large number of notices have to be sent by Registered Post or records are to be air-lifted, the expenses incurred thereon
(vii) Any other expenditure that may be sanctioned at the discretion of the Commission (Item No.iv, v and vi should be supported by vouchers)
Regulation 9 Appearance against interests of Commission
The Advocate-on-record
1. is debarred:
(a) From advising or holding briefs against the Commission
(b) From giving advice to private parties in cases in which he is likely to have to appear on behalf of the Commission.
2. shall be bound by such standing orders of the Commission as may be issued from time to time in respect of their appointment.
Regulation 10 Payment in pending cases or reasonable fee when appointment becomes terminated
In cases the appointment of the Advocate-on-record in any case or cases or generally on behalf of the Commission becomes terminated either by reason of resignation or giving up of the case by the Commission or by the expiry of the term or by the Commission terminating the services of the Advocate-on-record for any reason and the case is still pending completion, the Commission shall have the full discretion to fix such fees in respect of the case or cases as it considers reasonable having regard to the work done in the case or cases till the date of such termination of service.
Regulation 11 TA and DA on Tour
The Advocate-on-record shall be paid on production of supporting vouchers actual expenses incurred by him when he is required to attend to Commission work in a place other than New Delhi.
SCHEDULE 1 Advocate-on-record in Supreme Court for the Andhra Pradesh Electricity Regulatory Commission shall be paid
Schedule Schedule
The Advocate-on-record in Supreme Court for the Andhra Pradesh Electricity Regulatory Commission shall be paid:
A(i) a retainer fee of Rs.2000/- p.m. payable once in a year.
(ii) a daily fee of Rs.2500/- in each appeal during final hearing.
(iii) a fee of Rs.1500/- per matter per each appearance in Miscellaneous matters like special leave petition, civil Miscellaneous Petition for stay, etc.
(iv) a separate reading fee depending upon the reading material in cases where the record is very bulky.
B. The charges for the telephone calls incurred by the Advocate exclusively for Commission work shall be reimbursed by the Commission every month on production of an account therefor.
C. As provided in Regulation 8(b) the Advocate shall be paid in advance filing expenses namely Court fee, cyclostyling charges etc., on a rough estimate submitted by the Advocate-on-record.
D. He shall however, submit every month to Commission an account of monies received from the Commission quoting the Commission sanction order.
E. The Advocate-on-record shall, with the prior consultation of the Commission as to the necessity for engaging a senior Counsel in any case, engage a senior Counsel on such terms as the Commission may approve on the advice of the Advocate-on-record.
F. The Commission shall settle the fee claims of the Advocate-on-record at the earliest possibility.
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (CONSUMERS RIGHT TO INFORMATION) REGULATIONS, 2000
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (CONSUMERS RIGHT TO INFORMATION) REGULATIONS, 2000
CHAPTER 1 Chapter
Regulation 1 Short Title, Commencement and Interpretation
(1) These Regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Consumer's Right to Information) Regulations, 2000.
(2) They shall be applicable to all Distribution and Retail Supply Licensees (hereinafter in the Regulation to be referred as Licensee).
(3) They shall come into force on the date of their publication in the AP Gazette.
(4) They extend to the State of Andhra Pradesh.
(5) The Andhra Pradesh General Clauses Act, 1891 shall apply to the interpretation of these Regulations.
CHAPTER 2 Chapter
Regulation 2 Definitions
Unless the context otherwise requires, words or expressions occurring in these Regulations and not specially defined herein shall bear the same meaning as in the Andhra Pradesh Electricity Reform Act, 1998 (Act 30 of 1998), the Andhra Pradesh Electricity Regulatory Commission Business Rules, 1999, or in the absence thereof, the meaning as commonly understood in the electricity supply industry.
CHAPTER 3 Consumer Rights
Regulation 3 Service and Tariffs
Pursuant to Section 11(1)(d) and Section 26(7) of the Act and the conditions of its Distribution and Retail Supply Licence, the Licensee shall provide service that is safe, reliable and efficient, and confirming to various safety provisions of IE Act, 1910 and IE Rules, 1956 at tariffs that are non-discriminatory, just and reasonable and that promote economic efficiency in the supply and consumption of electricity.
Regulation 4 Information
(1) The Licensee shall make available at its offices for perusal of any Consumer
(a) its approved Codes of Practice (Application for Supply, Code on Conditions of Supply and Procedures, Consumer Rights Statement, Code of Practice on Payment of Bills, and Complaint Handling Procedures)
(b) its approved Standards of Performance; and
(c) its approved Tariff Schedule.
(d) the Regulations made by APERC on Consumer's Right to Information.
(2) The Licensee shall provide to all persons applying for new service connection its Application for Supply, and Code on Conditions of Supply and Procedures free of charge.
(3) The Licensees shall provide free of charge to all the new consumers at the time of release of supply copies of the Consumer Rights Statement, Code of Practice on Payment of Bills and Complaint Handling Procedures.
(4) Consumers and other persons may purchase copies of the Licensee's Consumer Rights Statement, Code of Practice on Payment of Bills, Complaint Handling Procedures, Standards of Performance and Tariff Schedule, at a price not exceeding the reasonable cost of duplication.
CHAPTER 4 Consumer Rights to Notice
Regulation 5 Notice Prior to Disconnection
(1) The Licensee shall issue a notice to consumers minimum of seven days prior to disconnection by reason of :
(a) alteration or addition performed by the Consumer to his installation without prior permission.
(b) misuse of power supply, or resistance by the Consumer to the replacement of an old or defective meter by the Licensee.
(c) neglect to pay any charge for energy or otherwise.
(d) when there is a default in keeping the meter correct, where the meter is the property of the consumer. (as envisaged in Section 26(3) of IE Act, 1910).
(e) when there is a failure to pay the inspection fees on or before the date specified in the fee notice of The Electrical Inspector (as envisaged in Rule 46(2)(b) of the IE Rules 56).
(2) The notice shall include a statement of the procedures for disconnection and appropriate guidance for assistance, as specified in the Licensee's Code of Practice on Payment of Bills. The Consumer shall be given the opportunity within the seven days to show-cause why the power supply shall not be disconnected, and the Licensee must consider such explanation.
(3) No notice shall be provided prior to disconnection in case of tampering with the meter or metering equipment, or illegal restoration of supply by himself or extending service to a disconnected service or unauthorised extension of supply to another premises or when the consumer adopts any electrical appliances which is likely to effect injuriously the supply to other consumer or uses the energy supplied improperly to interfere with efficient supply of energy to any other person by the licensee, or fails to keep in proper order any meter belonging to him by which the supply is registered, the licensee may discontinue the supply so long as such an appliance is so adopted or the energy is so used or dealt with or the meter is not keep in proper order, as the case may be.
Regulation 6 Notice Prior to Entry
(1) The licensee's representative may upon informing the occupier of his intention and producing his identification card, enter the Consumer's premises for the purpose of
(a) inspecting, testing, repairing, or altering the Licensee's equipment;
(b) taking reading of meter and ascertaining the amount of energy supplied or the electrical load connected to the consumer's installation;
(c) removing the Licensee's own lines, meters and other apparatus; or
(d) examining and testing the Consumer's electric wires, fittings, works and apparatus for the use of energy.
(2) If the Consumer refuses to allow the Licensee's representative entry to his premises in pursuance of the provisions of sub-section (1), or when such representative has so entered, refuses to allow him to perform any act which he is authorised to perform, the Licensee may, after the expiry of 24 Hrs., from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal continues provided the consumer cannot show any valid reason for his refusal for entry.
Regulation 7 Leakage and defective installations
(1)
(a) If the Electrical Inspector or the supplier has reason to believe that there is in the system of a consumer leakage which is likely to affect injuriously the use of energy by the supplier or by other persons, or which is likely to cause danger, he may give the consumer reasonable notice in writing that he desires to inspect and test the consumer's installation.
(2) If, on such notice being given-
(a) the consumer does not give all reasonable facilities for inspection and testing of his installation, or
(b) [when an insulation resistance at the consumer's installation is so low as to prevent safe use of energy the supplier may, and if directed so to do by the Electrical Inspector shall discontinue the supply of energy to the installation but only after giving to the consumer 48 hours notice in writing of disconnection of supply and shall not recommence the supply until he or the Electrical Inspector is satisfied that the cause of the leakage has been removed.]
(c) Any dispute in this regard between a licensee and the consumer shall be referred to the Electrical Inspector for settlement.
(3) When the consumer fails to rectify the defects in his installation pointed out by the Electrical Inspector such installation shall be liable for disconnection under his direction after serving a notice which shall not be less than 48 Hrs. (as envisaged in Rule 46(2)(c) of IE Rules 1956).
(4) When there is a failure to rectify defects relating to non observance of Rules 50, 51(1) or 64 of IE Rules 1956 pointed out by the licensee by a notice to consumer and Electrical Inspector and if the consumer fails to rectify the defects in a reasonable time the licensee may disconnect supply of electricity after giving the consumer a reasonable opportunity of being heard and recording reasons in writing unless the Electrical Inspector directs otherwise. The supply shall be discontinued only on written orders of an officer duly notified by the supplier in this behalf. The supply shall be restored after such defects are rectified (Rule 51(4) of IE Rules 1956).
Regulation 8 Re classification of Consumers
(1) The Licensee shall notify any Consumer it intends to re-classify that the Consumer must execute a fresh agreement on the basis of the altered classification.
(2) The notice shall state that the Licensee may disconnect the supply of power if the Consumer does not take the required steps within the period specified by the notice.
Regulation 9 Notice of Scheduled Outages
The Licensee shall provide not less than 24 hours notice to all affected Consumers prior to an outage scheduled for the purpose of testing or any other purpose connected with the efficient working of the system.
Regulation 10 Outages due to Emergencies
The notice may be waived in case of emergency situation like breakdowns of lines or equipment and when shut downs are availed to carry out emergent repairs, which if not undertaken immediately may result in a permanent damage or in a prolonged interruption in supply.
Regulation 11 Notice
(1) Notices of scheduled outages may be in writing and served on the consumer in accordance with Regulation 11(3) below, or through publication in newspapers, public address system, electronic media and/or telephone.
(2) All other notices required by these Regulations must be in writing and served on the customer in accordance with Regulation 11(3).
(3) Where ever a provision has been made under these Regulations for service of notice to the consumer,
(a) service of the notice may be effected either by personal delivery of the notice to the Consumer or by dispatching to him the notice by registered post. In the case of individual Consumers, service on the registered Consumer or his spouse or any person occupying premises of the Consumer and in the case of firm, company or corporation service on the Managing Director, Director or Principal Officer of such concern shall be sufficient.
(b) Where a Consumer refuses or avoids to receive notice, the notice may be affixed at a conspicuous place on the premises of the Consumer in the presence of two local witnesses and in the concerned office of the Licensee, and in such case, an endorsement shall be made to that effect on the copy of the notice. Such services by affixture shall be deemed to be sufficient service.
(4) The period of notice begins with the delivery of the notice.
Regulation 12 Exemption
(1) The Licensee may be exempted from the notice requirements of these Regulations where the Consumer's installation poses a danger to the health and safety of the Licensee's employees or the public and in 'Force Mazeure' conditions.
(2) The Licensee shall inform the consumer in writing and also submit a report to the Commission within 24 hours of any incident in which it has disconnected the supply of electricity without prior notice.
Regulation 13 Issue of Orders and Practice Directions
Subject to the provisions of A.P. Electricity Reform Act, 1998 and these Regulations, the Commission may from time to time, issue orders and practice directions in regard to the implementation of the Regulations and procedure to be followed on various matters, which the Commission has been empowered by these Regulations to specify and direct.
Regulation 14 Power to remove difficulties
If any difficulty arises in giving effect to any of the provisions of these Regulations the Commission may, by general or special order, direct the licensee to do anything not being inconsistent with the A.P. Electricity Reform Act, 1998 which appears to it to be necessary or expedient for the purpose of removing the difficulties.
Regulation 15 Savings
Nothing in this Regulation shall in any way prejudice or affect the rights and privileges of Consumers under other laws including but not limited to the Consumer Protection Act, 1986.
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (METHOD OF RECRUITMENT AND CONDITIONS OF SERVICE OF OFFICERS AND STAFF) REGULATIONS, 1999
In exercise of the powers conferred by sub-section (1) and Clause (b) of sub-section (2) of Section 54 read with sub-sections (2) and (4) of Section 8 of the Andhra Pradesh Electricity Reform Act, 1998 (Act 30 of 1998), the Andhra Pradesh Electricity Regulatory Commission with the prior approval of the State Government, hereby makes the following regulations, namely
CHAPTER 1 General
Regulation 1 Short title
(1) These regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Method of Recruitment and Conditions of Service of Officers and Staff) Regulations, 1999.
(2) These Regulations shall come into force on the date of their publication in the A.P. Gazette.
Regulation 2 Applicability
These Regulations shall apply to all Officers/Staff of A.P. Electricity Regulatory Commission mentioned in Regulation 4 of these Regulations.
Regulation 3 Definitions
In these Regulations, unless there is anything repugnant to the subject or context :-
(a) "Act" means the A.P. Electricity Reform Act, 1998.
(b)"Appointing Authority" means.
(i) the Chairman, in respect of the posts mentioned in sub-regulation (a) of Regulation 4; and
(ii) Director (Admn.) in respect of posts mentioned in sub-regulation (b) of Regulation 4;
(c) "Commissioner" means Chairman or any Member of the Commission.
(d)"Competent Authority" means Chairman and such other officers in the Commission designated from time to time for the purpose by the Commission in accordance with these Regulations.
(e)"Chairman" means the Chairman of the Commission.
(f)"Member" means the member of the Commission.
(g)"Function" means and includes all work and related activities of the Commission;
(h) "Service" means the service by Staff/Officers of the Commission;
(i) "Year" means calendar year; and
(j) Words and expression used in these regulations but not defined unless the context otherwise requires, shall have the same meaning as respectively assigned to them in the Act.
CHAPTER 2 Categorisation of Posts and Strength of Officers and Staff
Regulation 4
(i) The Officers and supporting staff of the Commission are categorized as under and the strength of each category is mentioned against each of them. (b)
Officers:
(i)
Commission Secretary
1
(ii)
Director Engineering
1
(iii)
Director/Law
1
(iv)
Director/Tariff
1
(v)
Director/Administration
1
(vi)
Adviser to Commission
3
(vii)
Joint Director/Engineering
1
(viii)
Joint Director/Law
1
(ix)
Joint Director/Tariff
(Accounts & Financial Analysis)
1
(x)
Joint Director/Tariff (Economics)
1
(xi)
Joint Director/Tariff (Engineering)
1
(xii)
Joint Director/Information
Technology
1
(xiii)
Deputy Director/Transmission
1
(xiv)
Deputy Director/Distribution
2
(xv)
Deputy Director/Law
2
(xvi)
Deputy Director/Tariff
(Accounts & Financial Analysis)
1
(xvii)
Deputy Director/Tariff
(Economics)
1
(xviii)
Deputy Director/Tariff
(Engineering)
1
(xix)
Deputy Director/Information
Technology
1
(xx)
Deputy Director/Personnel
1
(xxi)
Deputy Director/Pay & Accounts
1
(xxii)
Deputy Director/Consumer Assistance
1
(xxiii)
Deputy Director/Media
1
(xxiv)
Personnel Officer
1
(b)
Supporting Staff :
(i)
Private Secretary
3
(ii)
Accountant
1
(iii)
Security Officer
1
(iv)
Junior Personnel Officer
1
(v)
Cashier
1
(vi)
Steno-cum-Computer Operator
8
(vii)
Personnel Assistant
5
(viii)
Clerk-cum-Computer Operator
7
(ix)
Librarian
1
(x)
Receptionist
1
(xi)
Telephone Operator
2
(xii)
Messenger
1
(xiii)
Caretaker
1
(xiv)
Drivers
3
(xv)
Attenders
10
(xvi)
Security Guards
7
(ii) The officers and staff may be appointed by the Commission (I) on regular basis (ii) on contract services, and (iii) on deputation from Government Departments or other organizations of Central/State Government.(iii) The approval of the staff strength under sub-clause (i) of the Regulations shall also be treated as approval for creation of posts under Section 10(1) of Act 2 of 1994 relating to regulation of appointments in offices and establishments in the State Government.
Regulation 5
Nothing in Clauses (a) or (b) of Regulation 4 shall be construed as requiring the Commission to have at all times, the Officers/Staff serving in all the categories or posts.
CHAPTER 3 Placement
Regulation 6 Placement of Officers
(a) The post that an Officer/Staff is to occupy at any time shall be decided by the Commission.
(b) An officer may be allowed to hold another post in additional charge for which allowance shall be paid as per the A.P. Government Rules in force.
CHAPTER 4 Recruitment and other Conditions of Service
Regulation 7 Appointment
(a) All appointments to the post of Officer/Staff shall be made by the Authority as indicated in sub-regulation (b) of Regulation 3.
(b) The persons who are working in the Commission prior to commencement of these Regulations shall be eligible for being considered, along with the outsiders for the purpose of direct recruitment to various grades irrespective of their age but subject to upper age limit prescribed in Regulations, provided they fulfill the prescribed eligibility criteria for being considered for the post.
(c) A person to be directly appointed should be of sound health. Every candidate directly recruited for appointment shall be examined by a Medical Board. A candidate who fails to satisfy the Medical Board shall not be appointed on a regular basis. This condition does not apply to those (i) taken on contract (ii) taken on deputation (iii) who are already working in a Government organisation prior to joining the Commission.
(d) A candidate to be appointed has to possess necessary qualifications and experience, as prescribed post-wise, given in Appendix I and Appendix II to these Regulations. However, when suitable candidates are not available the Commission after recording reason may relax the eligibility criteria for appointment with regard to posts and persons in appropriate cases.
(e) All appointments shall be subject to verification of character and antecedents as may be decided by the Commission from time to time.
Regulation 8 Selection Committees
(a) The Selection Committee for officers included in sub-regulation 4(i)(a) will consist of the Chairman and Members of the Commission and wherever the Commission considers it necessary, it will co-opt a specialist/expert as a member of the Selection Committee. The Chairman of the Commission will be the Chairman of the Selection Committee.
(b) The Selection Committee for supporting staff included in sub-regulation 4
(i)(b) will consist of the Director/Administration. One Joint Director/Deputy Director and the Deputy Director Personnel/Personnel Officer as nominated by the Chairman of the Commission. The Director/Administration will be the Chairman of the Selection Committee.
(c)
(i) The Selection Committee shall meet as and when it becomes necessary.
(ii) In case of vacancy of post of Director Administration, the Commission may temporarily authorize a person as felt suitable by the Commission to act in his behalf for appointment to the posts mentioned in sub-regulations a and b of Regulation 4 and also to act as appointing authority for posts mentioned in sub-regulation (b) of Regulation 4(i).
Regulation 9 Age limit
The age limit for direct recruitment to the posts mentioned in Regulation 4(1)(b) shall be as per the prevailing rules of Government of AP as modified from time to time. However, in respect of the remaining staff, there shall be no upper age limit for considering them for appointment. Persons who have already superannuated are to be appointed into the Commission only on contract basis.
Regulation 10 Application for Appointment
(a) The Commission may announce in such manner as it thinks fit the number of vacancies to be filled by direct appointment and shall invite applications from candidates eligible for appointment to the service.
(b) Every candidate shall submit his application in the prescribed form along with prescribed fees and documents to the Director (Administration) or any other designated officer of the Commission so as to reach him not later than such date as may be notified.
(c) The application shall be accompanied with a Demand Draft for the prescribed amount.
Regulation 11 Certificates
The candidate must submit along with his application :-
(a) evidence that he holds the requisite educational qualification.
(b) certificates of character and conduct from the head of college in which he has last studied in case of candidates who have not served earlier in any capacity in State Government/Public Sector Undertakings. Those who are serving in the private sector prior to employment in the Commission should obtain such certificate from the previous employer.
(c) evidence of age, which should be the High School Certificate.
(d) caste certificate from the competent authority in case of candidates belonging to SC, ST, and OBC.
Regulation 12 Process of Application
The Commission shall consider all valid applications received and interview those who are shortlisted, considering the number of vacancies.
Regulation 13 Selection of the Candidate
On the recommendation of the Selection Board the Commission shall prepare a list of candidates arranged in order of merit.
Regulation 14 Selection in the Cadre of direct recruitment
(a) The appointment shall be given on the basis of merit shown in the select list.
(b) Every candidate selected for appointment, who had earlier not been in Government service, shall be examined by the Medical Board.
Regulation 15 Pay fixation
The pay of the selected candidates may be fixed in the suitable stage of the pay scale of the post as deemed appropriate by the Commission.
Regulation 16 Original Certificates
All the candidates shall produce the originals of the following certificates at the time of the interview and again immediately before the joining, if selected :-
(a) SSC/SSLC or its equivalent examination as proof of age.
(b) Documents in support of educational qualification and experience.
(c) Certificate of caste/tribe/category, if claiming the reserved post.
Regulation 17 Probation
(a) All the direct recruitees shall be on probation for a period of two years from the date of their joining in a period of three years. In respect of promotees the probation period is one year on duty in a period of two years.
(b) The period of probation shall not include the following :-
(i) The period spent on Earned leave, Extraordinary Leave and the Medical Leave availed during the period of probation; and
(ii) The period of unauthorised absence and the period held not to be on duty by the Commission.
(c) The Commission may extend the period of probation for a maximum period of one year in one or more instalments, or dispense with the services of a probationer after giving him/her a month's notice, if in the opinion of the Commission, the performance of the probationer has not been found upto its satisfaction.
(d) Where the services of a probationer are dispensed with as mentioned in Clause (c) above, the probationer shall not be entitled to any compensation for the termination.
(e) If a person is serving in the Government of A.P. or the Public Sector undertaking of Government of A.P. and is selected for appointment in the Commission, his/her lien in his/her parent department shall cease after three years.
Regulation 18 Reservation of vacancy
Vacancies shall be reserved for the candidates belonging to Scheduled Caste and Scheduled Tribe and OBC in accordance with the instructions of the State Government in force.
Regulation 19 Training
(a) Every Officer may be required to undergo such training of course conducted in-house/outside as may be prescribed by the Commission.
(b) The Officer who is required to undergo any training or course may be required to execute a bond to serve the Commission for such period as may be prescribed which shall not exceed 12 months for every one month or part of the month of training or course subject to a maximum of two years after completing the training or course. Failure to serve the Commission for the stipulated period will render the candidate liable to refund the amount spent on him for training along with emoluments paid to him during the training period.
(c) If an Officer is charged with misconduct during the period of training, then he/she would be called back from training and appropriate disciplinary proceeding would be initiated. He/she may be required to refund the amount spent on him/her for the training, if the Commission so decides.
Regulation 20 Retirement
Officers/Staff who are regularly appointed in the Commission shall retire from the service of the Commission on attaining the age of superannuation in accordance with the prevailing rules of the A.P. State Government.
CHAPTER 5 Remuneration and other Benefits
Regulation 21 Pay Scale
(a) The pay scale of the Officers/Staff shall be as prescribed from time to time.
(b) The scale of pay of Officers and staff of the Commission shall be revised at par with Officers of corresponding grade/scale under Government of India.
(c) The Officers and staff of the Commission shall be entitled to DA etc., as admissible to corresponding grade of officers/staff under the Government of India.
(d) The house rent allowance and the conveyance allowance will be reimbursed to the entitled persons at the rates as determined by the Commission from time to time.
(e) Officers/staff joining on deputation, as well as officers and staff recruited by the Commission, shall be eligible for all types of interest bearing advances as well as non-interest bearing advances as admissible to officers/staff of Government of A.P.
(f) Officers/supporting staff joining on deputation are eligible for deputation allowance at following rates (i) within the same station - 15% of basic pay subject to maximum of Rs.3,000/- p.m. (ii) In other cases - 20% of basic pay subject to maximum of Rs.4,000/- p.m.
Regulation 22 Subscription to the Provident Fund
The officers and the staff of the Commission will be eligible to subscribe to the General Provident Fund A.P. with effect from the date of joining in the Commission as applicable to the officers/staff under Government of A.P.
Regulation 23 Retirement Benefits
(a) The pensionary and other benefits will be sanctioned and paid by the Commission.
(b) The pensionary services rendered by an Officer/Staff under the Government of India, Government of A.P. and Public Sector Undertakings prior to the date of joining in the Commission shall be taken into account for the purpose of grant of the pensionary and other retirement benefits together with the service rendered by them under the Commission after joining the Commission. The services rendered under the State or Central Government of such officer and staff shall be deemed to be service under the Commission for the purpose of pensionary and other retirement benefits.    Â
Regulation 24 Service Continuity
(a) The period of service of the personnel under the Government of India, Government of A.P./Public Sector Undertakings, as the case may be shall be treated as continuous for the purpose of all service benefits.
(b) The personnel joining the service of Commission on transfer or otherwise from Government/Public Sector Undertakings shall be deemed to have entered into an agreement with the Commission or the respective nominated authority, as the case may be, to repay the loans, advance and other sums due or otherwise perform the obligations undertaken by them to the Government/Public Sector Undertakings which remain outstanding against him on the date of joining as per the original terms and conditions.
Regulation 25 Contract Service
To obtain experienced and qualified candidates, the posts mentioned in para 4(i)(a) may be filled up on contract basis for a maximum period of three years.
Regulation 26
The Commission may in the public interest and after recording the reasons in writing, relax the provisions of these regulations, including the eligibility criteria for appointments to posts, in appropriate cases.
Regulation 27 Applicability of CCA and Conduct Rules
The provisions of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 and A.P. Civil Services Conduct Rules, 1964 as applicable to the employees of Government of A.P. as amended from time to time shall be applicable to the employees of the Commission.
Regulation 28
The appointing authority, disciplinary authority, appellate authority and reviewing authority, in respect of the officers and employees of the Commission, until otherwise determined by the Commission, shall be as specified in Appendix III.
Regulation 29
In respect of any service matter not specifically mentioned in the above regulations, the employees of the Commission are to be governed by the Service Regulation of A.P. State Government employees.
Regulation 30 Interpretation
If any question arises relating to the interpretation of these Regulations, the interpretation of the Chairman of A.P. Electricity Regulatory Commission may be treated as provisional.
Regulation 31 Power to remove difficulties
The Government of Andhra Pradesh may by order make such provisions or give such directions as it may deem necessary for the removal of any difficulty that may arise in giving effect to the provisions of these regulations.
APPENDIX 1 Qualifications for Officers of the Commission
Appendix
Appendix 1
Qualifications for Officers of the Commission
Name of the Post
Minimum Required Qualification
Additional Qualifications desirable
1. Commission Secretary
(a) Degree from a recognised University
(a) Work experience in a Government organisation
(b) 20 years Engineering or 15 years-administrative experience out of which
5 years at the management level.
(b) Knowledge or experience in a regulated industry or with a regulatory body in Power Sector.
(c) Demonstrated ability to resolve complex tasks.
(d) Significant professional experience in managing staff, budget and projects.
(e) Excellent written and verbal communication skills.
2. Director of Engineering
(a) Degree in electrical/power Engineering.
(a) Experience in Setting up and critically reviewing of performance standards.
(b) 20 years of engineering experience with at least five years at management  level in large power utilities with generation, transmission & distribution facilities.
(b) Good knowledge of Electricity Laws.
(c) Good written and verbal communication skills.
3. Director of Law
(a) Degree in law from a recognised university/law school.
(a) Knowledge in power sector.
(b) Eligibility to practice law.
(b) Experience in providing legal advice on commercial issues.
(c) 15 years of professional experience or similar experience under Central/ State Government/Judge of a District Court.
(c) Experience in related litigation in Court.
(d) Excellent written and verbal communication skills.
(d) Experience in drafting statutes and/or regulations
(e) Specialisation on the subject of commercial laws.
(e) Experience in contract and/or administrative law.
4. Director of Tariff
(a) Doctorate in economics or Degree in Electrical/Power Engineering.
(a) Experience in commercial Enterprises.
(b) Fifteen years experience as a Professional Economist or a Professional Engineer, of which at least five years he shall have in managing professional staff.
(b) Demonstrated capability in analytical modelling.
(c) Experience in the development of tariffs in public utilities.
(c) Good written and verbal communication skills.
(d) Demonstrated ability in Economic Analysis, modelling and Statistical techniques.
(d) Experience in Power Sector.
5. Director (Admn.)
(a) Degree from a recognised university.
(a) Experience in managing a Government organisation.
(b) 15 years experience in administrative post at management level dealing with Human Resources Development and for Personnel.
(b) Knowledge of Computer Systems.
(c) Excellent written and verbal communication skills.
(c) Knowledge of Government accounting and budget procedure.
6. Adviser to the Commissioner
(a) Degree from a recognised university.
(a) Experience in Power Sector.
(b) Experience and expertise in the fields of Electrical Engineering, Law, Finance, Economics and Administration.
(c) Excellent written and verbal communication skills.
7. Joint Director of Engineering
(a) Degree in electrical/power engineering.
(a) Power system planning experience.
(b) 15 years experience at management level in large power utilities with generation, transmission and distribution facilities of which atleast three years should be at field level.
(b) Experience in managing engineering professionals.
(c) Good written and verbal communication skills.
8. Joint Director of Law
(a) Degree in law from a recognised university or in a law school.
(a) Experience in utility or regulatory law.
(b) Eligibility to practice law.
(b) Knowledge in the Power Sector.
(c) Ten years of professional experience.
(c) Experience in contract and/or administrative law.
(d) Excellent written and verbal communication skills.
9. Joint Director/Tariff (Accounts and Financial Analysis)
(a) Post Graduate Degree in commerce and/or a cost accountant.
(a) Knowledge and/or experience in the Power Sector.
(b) 10 years professional experience in accounting/Financial Analysis.
(b) Good written and verbal communication skills.
(c) Experience in commercial enterprises.
(d) Knowledge of accounting requirements for enterprises subject to the Companies Act.
(e) Knowledge of accounting requirements for Governmental entities.
10. Joint Director/Tariff (Economics)
(a) Doctorate in Economics from a recognised university with specialization in Micro Economics.
(a) Good written and verbal communication skills.
(b) Minimum of 10 years professional experience as an economist.
(b) Experience in staff management.
(c) Demonstrated ability in economic analysis, modelling and statistical techniques and data base capabilities.
(c) Knowledge of accounting and principles of finance.
(d) Strong familiarity with theory and practice of Tariff design and rate making.
11. Joint Director of Tariff (Engg.)
(a) Degree in electrical/Power Engg.
(a) Knowledge and/or experience in the power sector.
(b) 10 years professional experience at the Management level in large power utilities with Generation, Transmission and Distribution  facilities.
(b) Good written and verbal communication skills.
(c) Experience in development of tariffs in Power Sector utilities.
(c) Knowledge of accounting.
(d) Experience in Commercial enterprises.
12. Joint Director/Information Technology
(a) Degree in Electrical/Computer Engineering or Masters degree in computer science.
(a) Experience in Power Sector.
(b) 10 years experience in information technology management.
(c) Experience in managing staff.
(d) Good written and verbal communication skills.
13. Deputy Director Engineering.
(a) Degree in electrical/Power Engineering.
(a) Experience in commercial issues, power purchase agreements, and/or electricity laws.
(b) 5 years experience with a large power utility with generation, transmission and distribution facilities.
(b) Familiarity with electricity tariff issues.
(c) Direct operational experience in generation, transmission and distribution.
(c) Knowledge of economics.
(d) Good written and verbal communication skills.
14. Deputy Director Law
(a) Degree in law from recognised university/law school.
(a) Experience in utility or regulatory law.
(b) Eligibility of practice law.
(b) Knowledge and/or experience in the power Sector.
(c) 5 years of professional experience.
(c) Experience in related litigation in Court.
(d) Excellent written and verbal communication skills.
(d) Experience in contract and/or administrative law.
15. Deputy Director/Tariff
(Accounts & Financial Analysis)
(a) Degree in Accounting/Commerce, Cost Accountant or Chartered Accountant.]
(a) Good written and verbal communication skills.
(b) Five years of professional experience in accounting and/or finance.
(b) Knowledge of micro-economics.
(c) Demonstrated capability in analysis of company accounts, financial analysis, modelling including spreadsheet and database skills.
(c) Knowledge and/or experience in the power sector.
(d) Membership in an accountancy organisation of good standing.
16. Deputy Director Tariff (Economics)
(a) Degree in Economics with specialization in micro-economics from a recognised university.
(a) Good written and verbal communication skills.
(b) Five years of professional experience as an economist with either a Government Department or Commercial enterprise.
(b) Knowledge of accounting and principles of finance.
(c) Demonstrated capability in economic analysis, modeling and spreadsheet and database skills.
(c) Knowledge and/or experience in the power sector.
17. Deputy Director of Tariff (Engineering)
(a) Degree in Electrical/Power Engineering.
(a) Good Written and verbal communication skills.
(b) 5 years of professional experience in Power Sector at the Managerial level in large power utilities with Generation, Transmission, and Distribution facilities.
(b) Knowledge of accounting.
(c) Experience in development of tariffs in Power Sector utilities.
18. Deputy Director/Information Technology
(a) Degree in Electrical or Computer Engineering of Post Graduate degree in Computer Science.
(b) Five years experience in information technology management.
(c) Good written and verbal communication skills.
19. Deputy Director/Personnel
(a) Degree from any recognised University.
(a) Experience in a Government organization.
(b) 5 years of professional experience in personnel management and administrative matters.
(b) Knowledge of Power Sector reform efforts in India.
(c) Excellent interpersonal and communication skills.
20. Deputy Director/Pay and Accounts
(a) Chartered Accountant with 5 years experience of a person qualified in SAS examination or a person with minimum five years service in A.P. Finance Service.
(a) Degree from any recognised University.
(b) 5 years experience with managing office budgets and payroll in the context of GOAP or GOI.
(b) Demonstrated Computer Skills, especially spread-sheet and database skills.
(c) Good written and verbal communication skills.
21. Dy. Director/Consumer Assistance
(a) Degree in Engineering or Law or post graduate degree in any other discipline.
(b) 5 years Experience in power sector in areas directly connected to end-users.
(c) Demonstrated ability in dealing with consumer problems.
(d) Good verbal and communication skills.
22. Dy. Director/Media
(a) Degree in a relevant discipline such as Mass communication, journalism or Business economics from a recognised university.
(a) Direct experience in two or more forms of media (Press, T.V., Radio, Multimedia)
(b) 5 years of journalism (press, T.V., or Radio) or public relations experience.
(b) Knowledge of electricity industry.
(c) Excellent written and oral communication skills.
(c) Experience in writing corporate annual reports.
(d) Background in financial or economic writing/analysis.
(d) Experience in preparing and delivering public presentations.
(e) Computer skills, especially word-processing, database and presentation programme.
23. Personnel Officer
(a) Degree from any recognized University.
(a) Experience in a Government organisation.
(b) 3 years of professional experience in personnel management and administrative matters.
(b) Knowledge of Power Sector reform efforts in India.
(c) Excellent interpersonal and communication skills.
APPENDIX 2 Qualifications For Supporting Staff
Appendix - 2
Qualifications For Supporting Staff
1. Private Secretary :-Must be a graduate in any discipline from a recognised University.
Must have worked as PA under any Heads of the Department in Government or Public Sector undertakings for atleast 3 years and must have an experience of 15 years in regular service. He/she should have or should be able to acquire within three months good knowledge in Word Processing in Computer.
2. Accountant :-
(a) Degree in Commerce.
(b) 5 years experience in Accounting procedures in any Government/Public Sector Organisations.
(c) Exposure to Computer Operation.
3. Security Officer :-Must be graduate in any discipline of recognised University or with good physique and with 5 year experience in Government/Public Sector Undertakings in Security operations or a retired JCO of armed forces not exceeding 52 years of age.
4. Junior Personnel Officer :-
(a) Graduate in any discipline.
(b) 3 years experience in personnel and administrative matters.
5. Cashier :-
(a) Degree in Commerce.
(b) 3 years experience in Accounting procedures in any Government/Public Sector Organisations.
(c) Exposure to Computer Operation.
6. Steno-Computer Operator :-
(a) Basic Educational Qualification - Must be a Graduate in any discipline from a recognised University.
(b) Computer Skill - The candidate must have Diploma in Computer Application or certificate course in DTP. He/she must have sufficient experience in data entry, spreadsheets and must have good knowledge and operational experience in MS Windows 95/98 and above. The candidate must be able to type minimum 40 words per minute in Computer and be able to take printouts.
(c) Should have adequate exposure in noting, drafting and disposal of cases involving legal, commercial and technical matters.
(d) Shorthand Test - The candidate must be able to take shorthand dictation with a minimum speed of 80 words per minute.
(e) Experience in Stenography and Computer operation for 1 year.
7. Clerk-cum-Computer Operator/PA :-
(a) Must be a graduate in any discipline from a recognised university.
(b) Should have adequate exposure in noting and drafting.
(c) Computer Skill - The candidate must have Diploma in Computer Application or certificate course in DTP. He/she must have sufficient experience in data entry, spreadsheets and must have good knowledge and operational experience in MS Windows 95/98 and above. The candidate must be able to type minimum 40 words per minute in computer and be able to take printouts.
(d) Should have experience of 3 years.
8. Librarian :-
(a) Degree/Diploma in Library Science.
(b) 2 years experience as a librarian.
9. Receptionist/Telephone Operator/Care-taker :-
(a) Basic qualification :-Must be a graduate in any discipline from a recognised University. Must have basic knowledge in computer operation and should have experience in reception, care-taking EPABX, inter-com connections.
(b) Should have worked in Government/Public Sector Undertakings/reputed firms.
10. Messenger :-He must be able to read and write Telugu and English having good physique and should possess a license to drive a two wheeler.
11. Driver :-He should have a Light Vehicle License and experience of 3 years in driving Cars. He must have sufficient knowledge about traffic rules, maintenance of the vehicles and should be able to undertake minor repair works required for normal running of the vehicles. His eye sight should be normal. He should have sound health.
12. Attender :-Should have passed 10th Class and know cycling. Having a light vehicle licence and experience in driving cars will be an additional qualification.
13. Security Guards :-Must have passed Intermediate or Equivalent and must have good physique with experience in Security Operations for One Year or Ex-service man.
APPENDIX 3 Competent Authority for Punishment and Appeals
APPENDIX - 3
Competent Authority for Punishment and Appeals
In case of officers and employees included in Regulation 4(i)(a):
I. Appointing Authority Chairman
II. Disciplinary Authority Chairman
III. Appellate Authority Commission
IV. Reviewing Authority Commission
In case of officers and employees included in Regulation 4(i)(b).
I. Appointing Authority   Â
Director/Administration.
II. Disciplinary Authority Director/Administration.
III. Appellate Authority Chairman
IV. Reviewing Authority Commission.
ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION (STANDARDS OF PERFORMANCE) REGULATIONS, 2000
In exercise of powers conferred on it, by Section 9(2) and Section 54 of the Andhra Pradesh Electricity Reform Act, 1998 (Act 39 of 1998) and all powers enabling it in that behalf, and pursuant to Section 13(1) of the said Act, the Andhra Pradesh Electricity Regulatory Commission hereby makes the following Regulations, namely
CHAPTER 1 Chapter
Regulation 1 Short Title Commencement and Interpretation
(1) These Regulations may be called the Andhra Pradesh Electricity Regulatory Commission (Standards of Performance) Regulations, 2000.
(2) These Regulations shall be applicable to all Distribution and Retail Supply Licensees (hereinafter in the Regulations to be referred as licensee).
(3) They shall come into force on the date of their publication in the AP Gazette.
(4) They extend to whole of the State of Andhra Pradesh.
(5) The Andhra Pradesh General Clauses Act, 1891 shall apply to the interpretation of these Regulations.
CHAPTER 2 Chapter
Regulation 2 Definitions
Unless the context otherwise requires, words or expressions occurring in these Regulations shall bear the same meaning as in the Andhra Pradesh Electricity Reform Act, 1998 and the Andhra Pradesh Electricity Regulatory Commission (Business Rules) Regulations, or in absence thereof, the meaning as commonly understood in the electricity supply industry.
CHAPTER 3 Chapter
Regulation 3 Standards of Performance
The licensee is required to maintain standards of performance for all consumers in the manner prescribed hereafter in these Regulations. The limits prescribed in these standards refer to the maximum time required to be taken to perform different activities of consumer service. It shall be the endeavour of the licensee to provide best possible service well within time limits specified in these regulations. The licensee shall register every complaint of a consumer regarding failure of power supply, quality of power supply, meters and payment of bills and intimate the complaint number.
Regulation 4 Restoration of Power Supply
(1) The licensee shall restore power supply in the case of normal fuse-off calls (replacing HG fuses or LT fuses at the distribution transformer or fuses at the consumer premises) within 4 hours of receiving the complaint in towns and cities with a population of 50,000 and above (urban areas) and within 12 hours in rural areas. Location of Fuse off call centres in towns and cities calls for quicker response in attending to the complaints. For rural areas a higher time limit is fixed taking into account the larger jurisdiction and travel time involved. However Fuse of calls at consumer premises will be attended only between 8 AM to 6 PM except essential services like water supply, Hospitals etc., and other important Government services. Individual complaints of consumers received during night time shall be attended to within 4 working hours in urban areas.
(2) The licensee shall inform the customer the likely time by which the power supply may be restored in the case of routine line breakdowns within one hour of receiving the complaint. The licensee shall restore the power supply to the consumer within 6 hours of receiving the complaint in towns and cities and within 24 hours of receiving the complaint in rural areas.
(3) The Licensee shall restore supply in the case of distribution transformer failures by replacement of transformer within 24 hours of receiving the complaint in towns and cities and within 48 hours of receiving the complaint in rural areas.
(4) The licensee shall rectify line faults and restore supply to street lights within 24 hours. In the case of fused or defective units, the licensee shall rectify/replace the units within 7 days.
Regulation 5 Quality of Power Supply
(1) The licensee shall respond within 4 hours to a consumer's complaint regarding variations of voltage and frequency of power supply beyond the tolerance limit as prescribed in Indian Electricity Rules, at the point of commencement of supply.
(2) the licensee shall, within 10 days of original complaint, either improve the quality of power supply or furnish a written reply to the consumer intimating him the causes of poor quality of power supply, if the same is beyond licensee's control :
Provided that complaint regarding low voltages arising due to inadequacy in the distribution system requiring upgradation of distribution lines, transformers or installation of capacitors shall be resolved within 120 days.
Regulation 6 Period of Scheduled Outages
Period of interruption due to scheduled outage shall be specified in the notice and shall not exceed 12 hours on any day. In each event the licensee shall ensure that supply is normally restored by 6.00 p.m.
Regulation 7 Complaints on Meter
(1) The licensee shall inspect and check the correctness of the meter within 7 working days of receiving the complaint. If the meter is not working (stuck up running slow, fast or creeping), the licensee shall replace the meter within 30 days of receiving the original complaint.
(2) During inspection or at the time of testing, if the meter is found tampered the licensee may take appropriate action as permitted under law.
(3) The licensee shall replace burnt out meters within 7 days of complaint if the burning of the meter is not due to causes attributable to consumer like tampering, defect in consumer's installation, meter getting wet due to falling of water on same, connecting up unauthorised additional load by consumer etc. Wherever the cost of the meter is required to be recovered from the consumer, the consumer shall be given 7 days notice and the licensee shall replace the meter within 7 days of receiving payment from the consumer and after necessary corrective action was taken to avoid future damages to the meter.
Regulation 8 Applications for New Connection/Additional Load
(1) For 230V/400V supplies (other than agricultural supply) The licensee shall deal with consumer's application for new connection as follows :
(a) Within 2 days of receipt of application complete in all respects, the licensee shall send three clear days notice to the applicant for the purpose of inspection of premises and fixation of point of entry of supply mains and the position of mains, cutouts or circuit breakers and meters.
(b) Estimate charges for providing connection and security deposit required shall be intimated after the point of entry of supply mains and the position of mains, cutouts or circuit breakers and meter has been settled within 10 days if the connection is proposed to be given from existing network and within 30 days if extension is required or if additional/enhancement of distribution transformer is needed.
(c) Within 3 days of receipt of completion report and the test report of the licensed wiring contractor, the licensee will give 3 clear days notice to the applicant of the time and the date when his representative proposes to inspect and test the installation. The licensee shall complete the inspection of the installation within a period of 10 days from the date of receipt of test report of the licensed contractor. The licensee shall notify the applicant in writing of any defect noticed within 7 days of inspection. If no intimation is received by the applicant within 7 days of inspection, the installation will be deemed to have been approved.
(d) After completion of all other formalities prescribed in the Licensee's Code on Conditions of Supply and Procedures the licensee shall commence supply of power to the applicant, within 15 days of approval of applicant's installation if the connection is from existing network and within 30 days if line extension is involved or if additional/enhancement of distribution transformer is needed. The licensee shall not commence supply, without the approval in writing of the Electrical Inspector wherever it is required under the provisions of IE Act, 1910 and IE Rules, 1956. For LT agricultural services : The application for agricultural supply shall be processed on the same lines as in the case of other LT applications except that the Communication of estimated charges shall be limited to only those applications which can be covered in the target fixed for the year. In the case of remaining applications a communication shall be sent within 30 days of receipt of application giving reasons for not providing supply immediately and indicating the probable time when the application can be processed for giving a new connection.
(2) For HT and EHT supply The licensee shall deal with the application for new connection as follows :
(a) If supply is requested to be given at HT, the licensee shall respond whether connection is feasible or not within 15 working days of receipt of application. If the connection is feasible, licensee shall intimate voltage at which supply will be given and point of commencement of supply. The licensee shall intimate the applicant seeking the new connection, estimated charges and time required for providing the new connection within 30 working days of notifying feasibility of supply.
(b) If supply is requested to be given at EHT, the licensee shall obtain the final reply regarding feasibility from the Transmission and Bulk Supply licensee and communicate the same to the applicant within 60 working days of receipt of original application. The licensee shall intimate the applicant seeking the new connection, estimated charges and time required for providing the new connection within 30 days of notifying feasibility of supply.
(c) Under normal circumstances the time required for providing a new connection shall not exceed 120 days for HT and 180 days for EHT from the date of payment of estimated charges.
(d) Connection shall be provided within the estimated time, as intimated, after deposit of Estimated charges, submission of Test Report by consumers, inspection by Supplier's Engineer/Electrical Inspector and Agreement, if required. The licensee shall, however, not be held responsible for delay, if any, for providing connection, if the same is on account of statutory clearances, rights of way, acquisition of land over which licensee has no reasonable control.
(3) Transfer and conversion of services Application for transfer of ownership, change of category and conversion of the existing services shall be effected by the licensee within the time limited specified hereunder.
(a) Title transfer of ownership - within 30 days
(b) Change of category - within 30 days
(c) Conversion from LT single phase to LT 3 phase - within 30 days
(d) Conversion from LT to HT And vice versa - within 90 days
Regulation 9 Complaint on Consumer's Bills
(1) The licensee shall acknowledge the consumer's complaint immediately if received in person and within 7 working days if the complaint is received by post.
(2) The licensee shall resolve consumer's complaint regarding Electricity Bills due to him or served to him, immediately if no additional information is required to be collected. In case any additional information is required to be collected, it shall be resolved.
(a) within 7 days if the complaint is made within 7 days of receipt of bill by the consumer and
(b) within 15 days in other cases. In case the complaint of the consumer is genuine and revision of bill already issued became necessary the due date for payment of bill should be reckoned from the date of revised bill for purpose of calculating additional charges for belated payment or for disconnection of supply.
(3) A meter reading card/pass book shall be maintained by the licensee at consumers' premises in appropriate form and all periodical readings taken for billing purposes, all check readings and meter changes should be recorded on the meter card/pass book duly attested by a person authorised to do so by the licensee.
Regulation 10 Exemption
These standards of performance shall remain suspended during Force Majeure condition such as war, mutiny, civil commotion, riot, flood, cyclone, lighting, earthquake or other force or cause beyond the control of the licensee and strike, lockout, fire affecting the licensee's installations and activities.
Regulation 11 Issue of orders and practice directions
Subject to the provisions of the Andhra Pradesh Electricity Reform Act, 1998 and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of the Regulations and procedure to be, followed and various matters which the Commission has been empowered by these Regulations to specify or direct.
Regulation 12 Power to remove difficulties
If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, direct the licensees to do anything not being inconsistent with the provisions of the Andhra Pradesh Electricity Reform Act, 1998 which appears to it to be necessary or expedient for the purpose of removing the difficulties.
Regulation 13 Savings
Nothing in these regulations shall affect the rights and privileges of the consumers under any other law including the Consumer Protection Act, 1986.
ORDER/SCHEME
ANDHRA PRADESH ELECTRICITY REFORM (TRANSFER OF DISTRIBUTION UNDERTAKINGS FROM APTRANSCO TO DISTRIBUTION COMPANIES) ORDER, 2000
In exercise of the powers conferred by Sections 23 and 24 of the Andhra Pradesh Electricity Reform Act, 1998 (Act No.30 of 1998), and sub-rule (2) of Rule 6 and sub-rule (5) of Rule 7 of the Andhra Pradesh Electricity Reform (Transfer Scheme) Rules, 1999, the Governor of Andhra Pradesh hereby makes the following Order for the purpose of providing and giving effect to the transfer of Distribution Undertakings of Transmission Corporation of Andhra Pradesh Ltd., (hereinafter referred to as APTRANSCO) to Distribution Companies i.e., APDISTCO-I, APDISTCO-II, APDISTCO-III and APDISTCO-IV.
Order 1 Short title and commencement
(1) This Order may be called the Andhra Pradesh Electricity Reform (Transfer of Distribution Undertakings from APTRANSCO to Distribution Companies) Order, 2000.
(2) This Order shall come into force on the date of its publication in the Andhra Pradesh Gazette (hereinafter referred to as "the Official Gazette")
Order 2 Definitions
Words and expression used and defined in the Act but not specifically defined in the Second Transfer Scheme appended to this Order as Appendix-I shall have the same meaning as assigned in the Act.
Order 3 Implementation of the Second Transfer Scheme
(1) The State Government hereby orders that the Second Transfer Scheme shall come into force and be effective and be binding upon all the persons from the effective date.
(2) The Second Transfer Scheme shall be deemed to be a part and parcel of this Order.
Order 4 Provisionality of the Transfer
(1) Subject to the terms and conditions contained herein, the State Government hereby provides that the transfer of the Distribution Undertakings made under the Second Transfer Scheme shall be provisional for a period not exceeding 12 months from the effective date.
(2) To the extent and during the period that the transfer of the Distribution Undertakings is provisional, a specified in sub-rule (1) above, the State Government may, by notification in the Official Gazette, alter, vary, modify , add or otherwise change the term(s) of the Second Transfer Scheme in such manner as the State Government may consider appropriate.
(3) Upon the expiry of the provisional period as specified in sub-rule (1), the transfer of the Distribution Undertakings shall become final and the State Government shall not exercise the power to make any alteration, variation, modification, addition or other change in or to any term of the Second Transfer Scheme.
(4) Neither the Transferees, nor any other person shall, whether based upon any provision of the Second Transfer Scheme or otherwise, be entitled to dispute the transfers on the ground that they are provisional.
(5) Nothing contained in this clause 4 shall apply to Personnel and Personnel related matters. All Personnel related matters shall be in accordance with the terms of the Second Transfer Scheme, consistent with the Tripartite Agreements entered into during the period of August, 1997 till the end of April, 1998.
Order 5 Representations by APDISTCO Workmen
The APDISTCO Workmen shall be entitled to make representations to the Committee raising any grievances that they may have, within a period of 180 days from the effective date. The Committee shall consider their representations and within a reasonable period, take a decision thereon.
Order 6 Assignment of Personnel other than the APDISTCO Workmen
The personnel other than the APDISTCO Workmen shall continue to work on an "as is where is basis" in the manner specified in the Second Transfer Scheme and the Tripartite Agreements and shall be finally absorbed as per the provisions of the Act, First Transfer Scheme and the Tripartite Agreements. The Tripartite Agreements shall be binding on the APDISTCOS.
Order 7 Pending Proceedings
All the proceedings of whatever nature by or against the APTRANSCO, or against the Board which have been assumed by the APTRANSCO under the First Transfer Scheme, pending on the effective date, shall not abate or discontinue or otherwise in any way be prejudicially affected by reason of any transfer effected under the Second Transfer Scheme. Subject to what is provided in the Second Transfer Scheme, such proceedings may be continued by or against the concerned Transferee, in the same manner and to the same extent as would or might have been continued, prosecuted and/or enforced by or against the APTRANSCO had the transfers specified in the Second Transfer Scheme not been made.
Order 8 Power to remove difficulties
The State Government shall have the power to remove difficulties arising in implementing the Second Transfer Scheme.
APPENDIX 1 APPENDIX
APPENDIX - I
Andhra Pradesh Electricity Reform (Transfer of Distribution Undertakings from the Transmission Corporation of Andhra Pradesh Limited to Distribution Companies) Scheme, 2000
Preamble
A. Transmission Corporation of Andhra Pradesh Ltd., (as more fully described below, "APTRANSCO") is a company incorporated under the Companies Act, 1956, having its registered office at Hyderabad.
B. APTRANSCO was promoted and established by the State Government as envisaged in Section 13 of the Andhra Pradesh Electricity Reform Act, 1998 (Act No.30 of 1998) (hereinafter referred to as "the Act") with the principal objects of engaging in the business of procurement, transmission and supply of electricity in the State of Andhra Pradesh.
C. In terms of sub-sections (1) and (2) of Section 23 and Section 24 of the Act and the First Transfer Scheme, the following were transferred from the Board to the APTRANSCO.
(a) the transmission and distribution undertakings of the Board as specified in Schedule 'B' to the First Transfer Scheme;
(b) other assets, liabilities and proceedings of the Board excluding those specified in Schedule 'A' to the First Transfer Scheme; and
(c) the personnel of the Board as specified in Rule 7 of the First Transfer Scheme.
D. The State Government, in consultation with the APTRANSCO, as a part of the on going reform and restructuring of the electricity industry in the State of Andhra Pradesh, has directed the APTRANSCO to draw up this Second Transfer Scheme which inter alia, entails the following :
(a) the electricity distribution functions in the State of Andhra Pradesh be divided into Area-I, Area-II, Area-III and Area-IV respectively, being the geographical territories described in Schedule 'A' hereto;
(b) transfer of the electricity distribution business and undertakings in Area-I, Area-II, Area-III and Area-IV respectively to the distribution companies;
E. The APDISTCO-I, APDISTCO-II, APDISTCO-III and APDISTCO-IV were incorporated under the Companies Act, 1956 on the 30th day of March, 2000 and they have obtained their respective certificates of commencement of business from the Registrar of Companies dated 31st March, 2000.
F. The APERC, by its order dated 31st Mach, 2000 has, inter alia, granted permission to the AP TRANSCO to enter into an arrangement for assigning its distribution functions to the APDISTCOs., on certain terms and conditions so as to enable the APDISTCOs., to carry on the distribution and retail supply business pertaining to the respective areas.
Now this Transfer Scheme Witnesseth as under
1. Effective Date :-The Second Transfer Scheme shall come into force on the date the Order is published in the Andhra Pradesh Gazette (hereinafter referred to as "the Official Gazette").
2. Definition :-(1) In this Second Transfer Scheme, unless the context otherwise requires, -
(a) "Act" means the Andhra Pradesh Electricity Reform Act, 1998 (Act No.30 of 1998).
(b) "APDISTCO(s)" means, as per the context and usage, all or either of the four companies incorporated under the Companies Act, 1956, to take over the distribution functions and business currently vested in the APTRANSCO, being (i) Eastern Power Distribution Company of Andhra Pradesh Ltd., (herein referred to as "APDISTCO-I"); (ii) Southern Power Distribution Company of Andhra Pradesh Ltd. (herein referred to as "APDISTCO-II") (iii) Central Power Distribution Company of Andhra Pradesh Ltd. (herein referred to as "APDISTCO-III") (iv) Northern Power Distribution Company of Andhra Pradesh Ltd. (herein referred to as "APDISTCO-IV").
(c) "APDISTCO Workmen" means such of the Workmen who on the effective date were working exclusively or primarily in the particular Distribution Undertaking for Area-I, Area-II, Area-III or Area-IV, as the case may be and, shall include the Workmen in the Transmission Lines and Sub-Stations, Telecom offices and such other Workmen who, on the effective date, were working in other wings but whose lien/or seniority was, being maintained with a Distribution Undertaking.
(d) "APGENCO" means the Generation Corporation of Andhra Pradesh registered under the Companies Act, 1956 under the name and style of Andhra Pradesh Power Generation Corporation Ltd. and having its registered office at Hyderabad.
(e) "APTRANSCO" means the Transmission Corporation of Andhra Pradesh registered under the Companies Act, 1956 under the name and style of Transmission Corporation of Andhra Pradesh Ltd., having its registered office at Hyderabad, and on the effective date, is a wholly owned subsidiary of the State Government.
(f) "Areas" mean and comprise of Area-I, Area-II, Area-II and Area-IV, being the geographical territories in the State of Andhra Pradesh described in Schedule "A" appended to this Scheme.
(g) "Assets" means movable and immovable, corporeal and incorporeal, tangible and intangible, land, buildings, offices, stores, plants, machinery, equipment including computer systems and telecommunication systems, installations, furniture, fixtures, vehicles, residential quarters and guest housed and amenities and installations pertaining thereto, and other movable and immovable property, software, books and records, files manuals, warranties, plans, drawings, designs, specifications, customer lists, billing and payment records, cash in hand, cash at bank, investments, book debts, claims, receivables, deposits, capital work in progress, deferred costs, advances paid, accrued incomes and pre-paid expenses, benefits, licences, permits, consents, rights of way, authorities, registrations, liberties, patents, trademarks, designs, copyrights, and other intellectual property rights, privileges, liberties, easements, advantages, benefits and approvals, contract-deeds, schemes, bonds, guarantees, agreements, insurance and other instruments and interests of whatsoever nature, and all other interests, rights and powers of every kind, nature and description whatsoever.
(h) "Board" means the Andhra Pradesh State Electricity Board that was constituted under the Electricity (Supply) Act, 1948.
(i) "Committee" means a committee comprising of the Managing Directors of the APTRANSCO and the APDISTCOs, to be constituted within 30 days of the effective date.
(j) "Distribution Business" means the business of distribution and retail supply of electricity in Areas-I, II, III and/or IV, as the case may be.
(k)"Distribution Undertaking(s)" means,-
(1) with respect to Area-I, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the Schedule "B"
(2) with respect to Area-II, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the Schedule "C";
(3) with respect to Area-III, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the schedule "D"; and
(4) with respect to Area-IV, the Distribution Business, and the Assets, Liabilities, Proceedings and Personnel specified in the Schedule "E"
(l) "Effective Date" means April 1, 2000. (m) "First Transfer Scheme" means the Andhra Pradesh Electricity Reform (Transfer Scheme) Rules, 1999 published in the Official Gazette as Notification No. G.O. Ms No.9, Energy (Power-III), dated 29th January, 1999 read with G.O. Ms No.11, Energy (Power III ) dated 31st January, 2000.
(n) "Liabilities" means all liabilities including debts, expenses accrued, advances received, deposits received, duties, obligations, payables, other outgoings, including statutory liabilities and Governments levies of whatever nature and the contingent liabilities which may arise in respect of dealings before the effective date.
(o) "Order" means the Andhra Pradesh Electricity Reform (Transfer of Distribution Undertakings) Order, 2000, under which this Second Transfer Scheme is published in the Official Gazette.
(p) "Personnel" means Workmen, employees, staff and officers of the APTRANSCO by whatever name called and includes those trainees receiving stipend from the APTRANSCO including those on deputation to other organisations or institutions.
(q) "Proceedings" means all proceedings of whatever nature, whether civil or criminal or otherwise, including suits, appeals, complaints, petitions, applications, conciliation, arbitration and disciplinary inquiries.
(r) "Schedule(s)" means Schedules A, B, C, D, E and F appended to the Second Transfer Scheme.
(s) "State Government" means the Government of Andhra Pradesh.
(t) "Transferee" means APDISTCO-I, APDISTCO-II, APDISTCO-III and/or APDISTCO-IV, as the case may be.
(u) "Transferor" means APTRANSCO.
(v) "Second Transfer Scheme" means the Andhra Pradesh Electricity Reform (Transfer of Distribution Undertakings from the APTRANSCO to Distributions Companies) Scheme, 2000, to effect the transfer of the APTRANSCO's Distribution Undertakings to the APDISTCOs.
(w) "Tripartite Agreements" means the agreements and individually each of them, as listed in Schedule "D" to the First Transfer Scheme entered into by the State Government, the Board and the concerned union or association of the Personnel. These Agreements had been entered into during the period of August, 1997 till the end of April, 1998 with the object of protecting the interests of the employees who were members of the concerned union/or association on the respective dates of the concerned Tripartite Agreements.
(x) "Workmen" means such of the workmen, i.e., personnel classified and detailed as such in Schedule "E" Section I of the First Transfer Scheme, who were transferred to the APTRANSCO in terms of the said Schedule "E", Section 1 of the First Transfer Scheme.
(2) Words and expressions used and defined in the Act but not specifically defined in this scheme shall have the same meaning as assigned in the Act.
3. Transfer of Distribution Undertakings :-
3.1. Transfer of Distribution Undertaking to APDISTCO-I
(1) On and form the effective date, without any further act(s) or thing(s) to be done by the State Government, APTRANSCO, APDISTCOs, the personnel, or any other person, the Distribution Undertaking, related to Area-I as specified in Schedule "B" shall stand transferred to APDISTCO-I.
(2) In consideration of the transfer of the Distribution Undertaking related to Area-I by the APTRANSCO to the APDISTCO-I in terms of this Second Transfer Scheme the APDISTCO-I shall issue and allot equity shares and/or instruments to the APTRANSCO as specified in Schedule "B".
(3) The provisional balance Sheet of the APDISTCO-I as on the effective date is attached herewith as Part II of Schedule "B".
(4) The allocation, transfer and/or assignment of Personnel to the APDISTCO-I has been dealt with in clause 7 as specified below.
3.2 Transfer of Distribution Undertaking to APDISTCO-II
(1) On and from the effective date, without any further act(s) or thing(s) to be done by the State Government, the APTRANSCO, the APDISTCOs, the Personnel, or any other person, the Distribution Undertaking, related to Area-II as specified in Schedule "C" shall stand transferred to the APDISTCO-II.
(2) In consideration of the transfer of the Distribution Undertaking of Area-II by the APTRANSCO to the APDISTCO-II in terms of this Second Transfer Scheme, the APDISTCO-II shall issue and allot equity shares and/or instruments to the APTRANSCO as specified in Schedule "C".
(3) The provisional balance sheet of the APDISTCO-II as on the effective date is attached herewith as Part II of Schedule "C".
(4) The allocation, transfer and/or assignment of Personnel to the APDISTCO-II has been dealt with in clause 7 as specified below.
3.3. Transfer of Distribution Undertaking to APDISTCO-III
(1) On and from the effective date, without any further act(s) or thing(s) to be done by the State Government, the APTRANSCO, the APDISTCOs, the Personnel, or any other person, the Distribution Undertaking, related to Area-III as specified in Schedule "D" shall stand transferred to the APDISTCO-III.
(2) In consideration of the transfer of the Distribution Undertaking of Area-III by the APTRANSCO to the APDISTCO-III in terms of this Second Transfer Scheme, the APDISTCO-III shall issue and allot equity shares and/or instruments to the APTRANSCO as specified in Schedule "D".
(3) The provisional balance sheet of the APDISTCO-III as on the effective date is attached herewith as Part II of Schedule "D".
(4) The allocation, transfer and/or assignment of Personnel to the APDISTCO-III has been dealt with in clause 7 as specified below.
3.4. Transfer of Distribution Undertaking of APDISTCO-IV
(1) On and from the effective date, without any further act(s) or thing(s) to be done by the State Government, the APTRANSCO, the APDISTCOs, the Personnel, or any other person, the Distribution Undertaking, related to Area-IV as specified in Schedule "E" shall stand transferred to the APDISTCO-IV.
(2) In consideration of the transfer of the Distribution Undertaking of Area-IV by the APTRANSCO to the APDISTCO-IV in terms of this Second Transfer Scheme, the APDISTCO-IV shall issue and allot equity shares and/or instruments to the APTRANSCO as specified in Schedule "E".
(3) The provisional balance sheet of the APDISTCO-IV as on the effective date is attached herewith as Part II of Schedule "E".
(4) The allocation, transfer and/or assignment of Personnel to the APDISTCO-IV has been dealt with in clause 7 as specified below.
4. Retention of other Undertakings by APTRANSCO
The APTRANSCO has not and shall not be deemed to have transferred, and shall continue to hold, all rights and interests in and bear all obligations and liabilities, including all assets, liabilities, proceedings and Personnel, relating to all the APTRANSCO Undertaking(s) other than the Distribution Undertakings transferred to the APDISTCO-I, the APDISTCO-II, the APDISTCO-III and the APDISTCO-IV respectively, as provided above. The provisional balance sheet of the AP TRANSCO as on the effective date is attached herewith as Schedule "F".
5. Substitution of APTRANSCO by APDISTCOs
On the transfer and vesting of the Distributing Undertakings to the APDISTCOs in terms of clause 3 of the Second Transfer Scheme, the Transferee shall be responsible for all contracts, rights, deeds, schemes, bonds, agreements and other instruments of whatever nature to which the APTRANSCO was initially a party, subsisting or having effect on the effective date in the same manner as the APTRANSCO was liable immediately before the effective date, and the same shall be in force and effect against or in favour of the Transferee and may be enforced effectively as if the Transferee had been a party thereto instead of the APTRANSCO.
6. Apportionment of security
Where any Assets transferred to a Transferee are subject to any charge but the liability or part thereof corresponding to such charge has not been transferred to such Transferee, in such event while the charge on the Assets shall continue, however, the primary obligation to discharge such liability or part thereof, as the case may be, shall continue with the APTRANSCO and the APTRANSCO shall indemnify the Transferee against all claims, costs and/or charges in this regard.
7. Transfer of APDISTCO Workmen
7.1. Transfer of the APDISTCO Workmen and conditions of transfer.
(1) The transfer of the APDISTCO Workmen in terms of the Second Transfer Scheme shall be subject to the terms and conditions contained in the Act and the Tripartite Agreements as listed in Schedule D of the First Transfer Scheme.
(2) Subject to sub-clause (1) above, on the effective date, the APDISTCO Workmen shall stand classified, transferred and allocated, on "as-is-where-is basis", to the services of the APDISTCO concerned, in the manner specified in Part III of the applicable Schedules "B", "C", "D" or "E" as the case may be with a clear understanding that the APDISTCOs., will accept the responsibilities under the Tripartite Agreements.
(3) Upon such transfer and subject to the provisions of the Act and other provisions in the Second Transfer Scheme, the APDISTCO Workmen shall form part of the services of the concerned the APDISTCO, with the status and in the post, scale of pay and seniority being maintained in the same manner as in the APTRANSCO on the effective date, without any further act or thing to be done by the State Government, the APTRANSCO, the APDISTCOs., or Workmen, as the case may be and consistent with the Tripartite Agreements. All the actions of the APDISTCOs., shall be consistent with the Tripartite Agreements. In the event of non-adherence to the terms of the Tripartite Agreements by any of the APDISTCOs., the guarantees as provided by the State Government and the APTRANSCO under the Tripartite Agreements shall be honoured by the State Government and the APTRANSCO.
(4) The transfer of the APDISTCO Workmen shall be further subject to the following conditions, namely :
(a) that they shall be entitled to terms and conditions of service and benefits that are at least on par to those that were applicable to them on the effective date and these shall not in any way be less favourable than or inferior to those applicable to them immediately before the effective date. All the existing settlements and agreements entered into with the employee unions/or associations, including the Tripartite Agreements, shall be honoured by the Transferees;
(b) all such APDISTCO Workmen shall have continuity of service in all respects, including services rendered in the Board and/or the APTRANSCO.
(c) all benefits of service accrued before the effective date shall be fully recognised and protected and taken into account for all purposes including the payment of terminal benefits;
(d) subject to orders that may be passed by the Courts in the proceedings pending on the effective date in regard to seniority or other matter concerning the service conditions of the APDISTCO Workmen;
(e) subject to the above, the APDISTCO Workmen shall become employees of the concerned Transferee and shall not claim any benefit of service under the State Government or the Board or the APTRANSCO, except as provided in the Act, the Second Transfer Scheme and the Tripartite Agreements.
(f) consistent with the all other terms and conditions as specified in the Tripartite Agreements.
(g) The AP TRANSCO's and Transferee's role with respect to employment related liabilities of the APDISTCO Workmen shall be as follows :
(i) In respect of all statutory and other schemes and employment related matters including the provident fund, gratuity fund, pension and any other superannuation fund or any other special fund created or existing for the benefit of the Personnel, accrued for and/or attributable to the period of service of the APDISTCO Workmen with the Transferee commencing from the Effective Date, shall be the responsibility of the relevant Transferee and to this extent, the Transferee shall stand substituted for the APTRANSCO for all purposes and all the rights, powers and obligations of the APTRANSCO in relation to any and all such matters shall become those of the Transferee concerned and the services of the personnel shall be treated as having been continuous for the purpose of the application of this sub-clause. Each of the Transferees shall, within a period not exceeding 12 months after the effective date, establish appropriate trusts for provident fund, pension and gratuity in accordance with applicable law.
(ii) In respect of all statutory and other schemes and employment related maters including the provident fund, gratuity fund, pension and any other superannuation fund or any other special fund created or existing for the benefit of the Personnel, accrued for and/or attributable to the period of service of the APDISTCO Workmen with the APTRANSCO for the "Relevant Period" and the expression "Relevant Period" shall mean the period commencing from the effective date of the First Transfer Scheme upto the effective date shall be the responsibility of the APTRANSCO and to this extent, the APTRANSCO shall continue to retain all liabilities.
(iii) All statutory and other schemes and employment related matters including the provident fund, gratuity fund, pension and any other superannuation fund or any other special fund created or existing for the benefit of the Personnel, accrued for and/or attributable to the period of service of the APDISTCO Workmen with the Board for the "Board Period" and the expression "Board Period" shall mean the period prior to the effective date of the First Transfer Scheme have been allocated to and assumed by APGENCO and to this extent, APGENCO shall continue to retain all such liabilities.
(iv) The APGENCO and the APTRANSCO, together with their respective pension, gratuity and provident fund trusts, shall enter into appropriate arrangements with each of the Transferees and their respective pension, gratuity and provident fund trusts, to effectively implement and comply with the mechanism set out above, including establishing transparent mechanism for timely reimbursement of funds from the APGENCO and the APTRANSCO to the concerned Transferee, so as to ensure that the Personnel receive their terminal benefits in a timely manner when they become due. Consistent with the Tripartite Agreements, the State Government, the APGENCO, the APTRANSCO and the Transferees guarantee the payment of the terminal benefits as specified below :
(5) Subject to sub-clauses (1) and (4) above, the Transferee shall frame regulations governing the conditions of service of the APDISTCO Workmen transferred to the Transferee under the Second Transfer Scheme and till such time, the service conditions existing on the effective date shall mutatis mutandis apply.
(6) The State Government and the APTRANSCO shall make appropriate arrangements in regard to the funding of the pension funds and other Personnel related funds to the extent they are unfunded on the Effective Date. Similarly, as provided in the First Transfer Scheme, the State Government shall continue to be liable to make appropriate arrangements in regard to the funding of the pension funds and other Personnel related funds to the extent they are unfunded on the effective date of the First Transfer Scheme. Till the above arrangements are made by the State Government and the APTRANSCO, all such payment for Personnel who retire after the effective date shall be entirely arranged by the APTRANSCO.
(7) The State Government and the APTRANSCO shall make appropriate arrangements in regard to the funding and due payment of all terminal benefits to the existing pensioners (as defined below) as on the effective date and till such arrangements are made the payment falling due shall be made by the APTRANSCO, subject to such adjustments as may be decided between the State Government and the APTRANSCO.
(8) All proceedings including disciplinary proceedings pending against the Personnel prior to the effective date or which may relate to misconduct, lapses or acts of commission or omission committed before the effective date shall not abate and may be continued by the relevant Transferee :
Provided that all disciplinary cases finalised as on the effective date shall not be re-opened by the Transferee.
(9) It is clarified that the Workmen who, on the effective date, were working in the Transmission Lines and Sub-Stations (TL & SS), Telecom Offices and such other Workmen who were working in other wings but whose lien/or seniority was being maintained in a Distribution Undertaking (herein cumulatively referred to as "TL & SS Workmen"), shall stand allocated, transferred and absorbed in the respective APDISTCO where their lien/or seniority is being maintained. However, these TL&SS Workmen shall be deemed to be on deputation to the APTRANSCO on "as is where is basis", and this deputation shall continue till such time the APTRANSCO makes its own arrangements. The APTRANSCO shall reimburse the cost of such TL&SS Workmen to the concerned APDISTCO.
(10) Workmen who have been deputed to other organisations shall stand finally absorbed in their inherent company where their lien/or seniority is being maintained.
(11) The Workmen transferred a APDISTCO in terms of this Second Transfer Scheme, shall be deemed to have entered into an agreement with the concerned Transferee APDISTCO to repay the loans, advances and other sums due or otherwise perform the obligations undertaken by him/her to the APTRANSCO which remain outstanding against him/her on the effective date, as per the original terms and conditions.
(12) The following expressions used in this clause 7 shall have the meaning assigned to them, as under :
(i) "existing pensioners" means the Personnel eligible for pension as on the effective date and shall include family members of the Personnel as per the scheme applicable to them, and
(ii) "terminal benefits" means the gratuity, pension, dearness and other applicable relief, medical benefit and other applicable benefits including the right to have the appropriate revisions in the above benefits consistent with the practice that were prevalent in the Board and/or the APTRANSCO.
7.2. Retention of Personnel other than the APDISTCO Workmen by the main successor entity
The Personnel other than the APDISTCO Workmen shall continue to work on an "as in where is basis" and shall be finally absorbed as per the provisions of the Act, First Transfer Scheme and the Tripartite Agreements.
7.3. The APDISTCOs., shall, on the effective date, be established as wholly owned subsidiaries of the APTRANSCO and shall accordingly be Government companies, as defined in the Companies Act
SCHEDULE A Schedule
Schedule Schedule 'A'
[See Clause 2(f)]
1. Area-I consists of the following circles/districts in the State of Andhra Pradesh :
(i) Srikakulam
(ii) Vizianagaram
(iii) Visakhapatnam
(iv) East Godavari
(v) West Godavari
2. Area-II consists of the following circles/districts in the State of Andhra Pradesh :
(i) Krishna
(ii) Guntur
(iii) Nellore
(iv) Prakasam
(v) Chittoor
(vi) Cuddapah
3. Area-III consists of the following circles/districts in the State of Andhra Pradesh :
(i) Kurnool
(ii) Anantapur
(iii) Hyderabad
(iv) Rangareddy
(v) Nalgonda
(vi) Medak
(vii) Mahaboobnagar
4. Area-IV consists of the following circles/districts in the State of Andhra Pradesh :
(i) Adilabad
(ii) Nizamabad
(iii) Warangal
(iv) Karimnagar
(v) Khammam
SCHEDULE B Schedule
Schedule Schedule "B"
[See clause 2(1)(k)(l) and clause 3.1]
Distribution undertaking of Area-I
1. Distribution Undertaking :-All the Assets, Liabilities, Proceedings and Personnel pertaining exclusively or primarily to the Distribution Undertaking of Area-I, including but not limited to the following namely :-
(a) the Distribution system.
(b) other Assets, including but not limited to, special tools and equipment, material handling equipment earth movers, bulldozers, concrete mixers, cranes, trailers, heavy and light vehicles, furniture and fixtures, office equipment (including computer systems, telecommunication systems and software), air conditioners, refrigerators, spares, consumables, raw materials, lands and civil work installations including roads, buildings, schools, dispensaries, training centres, workshops, work in progress, scrap.
(c) current Assets, including without lamination, cash in hand, cash at bank, short term investments, deposits, advances paid, receivables, accrued incomes, pre-paid expenses and inventories.
(d) all current contracts, agreements, easements, rights of way, licenses, permits, consents, approvals, arrangements, patents, trademarks and other intellectual property rights and interest, books and records, files, plans, drawings, designs, specifications, customer list, billing and payment records, insurance and all interests, rights, claims and rights of action relating to any of the Assets described in paragraph-I, to the extent of and so far as relate exclusively or primarily to Area-I.
(e) Liabilities (other than contingent liabilities) restricted to the extent specified in the balance sheet as on the effective date.
(f) contingent liabilities arising in the ordinary course of business pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-I including consumer claims, refund of security deposits, claims and all proceedings related thereto whether pending on the effective date or initiated after the effective date, subject to the potential liability having arisen before the effective date.
(g) all proceedings pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-I.
(h) Personnel as specified in Part-III of this Schedule.
2. Opening Balance sheet :-
(1) The opening balance sheet of the APDISTCO-I as on the effective date shall be prepared as per the books of account of the APTRANSCO, as on the effective date and shall be subject to the adjustments that may be determined by the State Government, in accordance with the Rules and Second Transfer Scheme. The provisional balance sheet of the APDISTCO-I in Part II hereof is based on the opening balance sheet of the APTRANSCO as finalised by the State Government vide G.O. Ms. No.11, Energy (Power III), January 31, 2000.
(2) The further adjustments required to prepare the balance sheet of the APDISTCO-I as on the effective date based on the books of account of the APTRANSCO, shall include, but not be limited to :
(a) Updating the books of accounts, assets and liabilities balances, to account for the operations of the APTRANSCO till the effective date;
(b) adjustments necessary for determining realisable value of assets and liabilities
(c) Adjustments arising from the audit of the financial statements of the APTRANSCO as on the effective date.
(d) Enhancement of re-structuring adjustments in accordance with the Rules and to implement the objectives of the Rules;
(e) To allocate/or re-allocate assets and liabilities, including outstanding and/or accrued liabilities, as may be determined by the State Government to implement the objectives of the Rules;
(f) Such other adjustments as the State Government may deem necessary to implement the objectives of the Rules.
3. Consideration :-
In consideration of the transfer of the Distribution Undertaking to the APDISTCO-I in terms of the Rules and the Second Transfer Scheme, the APDISTCO-I shall issue and allot 6,39,69,030 number of equity shares of face value of Rs.10/- each, at par value, to the APTRANSCO.
Part II
[See Clause 3.1(3)]
Provisional Opening Balance Sheet of APDISTCO-I as on the Effective Date
(Rs. In Crores)
1. Assets
A. Fixed Assets
1.
(a) Gross Fixed Assets
502.37
(b) Less Accumulated Depr3eciation
(227.63)
(c) Net Fixed Assets
274.74
2.
Capital Works in progress/other assets
65.95
3.
Investments
0.11
Total A Fixed Assets (1+2+3)
340.80
B. Subsidy receivable from Govt. of A.P.
C. Current Assets
1.
Cash and Bank Balances
16.82
2.
Stock (Net of Provision)
15.88
3.
(a) Sundry Debtors for Electricity
92.32
(b) Accrued Revenue
117.08
(c) Less Provision for Bad and Doubtful debt
(67.16)
(d) other receivables (Electy. Duty etc.)
0.11
Net Debtors (a+b+c+d)
142.35
4.
Loans and Advances
7.57
5.
Other Current Assets
5.58
Total C Current Assets (1 to 5)
188.20
Total Assets (A+B+C)
529.00
2. LIABILITIES
A. Networth
1.
Equity
63.97
2.
Consumer Contribution/Grants
5.83
Total Net Worth
69.80
B. Reserves for Employees Funds
(0.36)
C. Long term Debt
1.
State Government Loans
2.
Loans from others
131.41
Total (C) Long Term Loans (1 to 2)
131.41
D. Current Liabilities
1.
Capital and O & M Supplies
36.96
2.
Deposits from consumers
195.21
3.
Deposits and retentions
12.13
4.
Accrued liabilities on borrowings
5.34
5.
Other Current Liabilities
52.82
6.
Payment due on Capital Liabilities
25.69
Total Current Liabilities (1 to 6)
328.15
Total Liabilities (A + B + C + D)
529.00
Part III
[See clause 7.1]
A. Allocation of offices on an "as-is-where-is" basis
The following offices of APTRANSCO alongwith all subordinate offices stand allocated to APDISTCO-I.
Zonal Office Visakhapatnam
Vijayawada
Operation Circle Eluru
Operation Division
Eluru
Tadepalligudem
Nidadavolu
Bhimavaram
ERO
Town, Eluru
Rural, Eluru
Tanuku
Tadepalligudem
Nidadavolu
Bhimavaram
Palacollu
M & P Division
Eluru
Transformer Division
Eluru
Construction Division
Eluru
DPE Division
Eluru
Operation Circle Visakhapatnam
Operation Division
Zone-I,
Visakhapatnam
Ankapally
Paderu
East,
ERO
Visakhapatnam
West,
Visakhapatnam
Gazuwaka
Anakapally
Narsipatnam
GRC,
Visakhapatnam
M & P division
Visakhapatnam
Transformer Division
Visakhapatnam
Construction Division
Visakhapatnam
Assessment
Visakhapatnam
DPE Division
Visakhapatnam
Operation Circle Vizianagaram
Operation Division
Viozianagaram
Boobbili
ERO
Town,
Vizianagaram
Rural,
Vizianagaram
Bobbili
M&P Division
Vizianagaram
Transformer Division
Vizianagaram
Construction Division
Vizianagaram
DPE Division
Vizianagaram
Operation Circle Srikakulam
Operation Division
Srikakulam
Tekkali
ERO
Srikakulam
Palakonda
Tekkali
Kasibugga
M & P Division
Srikakulam
Transformer Division
Srikakulam
Construction Division
Srikakulam
DPE Division
Srikakulam
Operation Circle Rajahmundry
Operation Division
Rajahmundry
Ramachandrapuram
Kakinada
Jaggampeta
Amalapuram
ERO
Town,
Rajahmundry
Rural,
Rajahmundry
Ramachandrapuram
Kakinada
Samalkot
Pithapuram
Amalapuram
Rajolu
Jaggampeta
M&P Division Rjahmundry
Transformer Division
Rajahmundry
Construction Division
Rajahmundry
DPE Division
Rajahmundry
Lineman Training Centre
Visakhapatnam
Assessment Circle
Vijayawada
Assessment Division
Vijayawada
DPE Circle
Vijayawada
Enquiries Division
Vijayawada
APDISTCO Workmen in these offices stand allocated to APDISTCO-II
B. Allocation of common offices
From amongst the offices of CE-Operations, CE-RAC, CE-Tariffs, CE-Reforms, CE-Information Systems, CE-P&MM, CE-RE, CE-DFID, CE-APL, CE-Disciplinary Cases and CE-Commercial the following posts stand allocated to APDISTCO-I.
Designation
Number of Posts
CE
2
SE
3
DE
8
ADE
17
SAO
1
AE
5
PO
1
JAO
1
JPO
2
Typist
2
Attender
1
From amongst the offices of Additional Secretary, CE-Disciplinary Cases, CE-P&MM, CE-Reforms, GM-Personnel and GM-IR, the following HRD related posts stand allocated to APDISTCO-I :
Designation Number of Posts
Deputy Secy.
1
Asst. Secy
1
PO
6
JPO
12
From the office of FA & CCA (R&E), the following posts stand allocated to APDISTCO-I :
Designation Number of Posts
FA & CCA
1
AO
1
AAO
1
JAO
4
Typist
1
LDC
1
Attender
2
SCHEDULE C Schedule
Schedule Schedule "C"
Part I
[See clause 2(1)(k)(2) and clause 3.2]
Distribution Undertaking of Area-II
1. Distribution Undertaking :- All the Assets, Liabilities, Proceedings and Personnel pertaining exclusively or primarily to the Distribution Undertaking of Area-II, including but not limited to the following namely :-
(a) the Distribution System
(b) other Assets, including but not limited to, special tools and equipment, material handling equipment earth movers, bulldozers, concrete mixers, cranes, trailers, heavy and light vehicles, furniture and fixtures, office equipment (including computer systems, telecommunication systems and software), air conditioners, refrigerators, spares, consumables, raw materials, lands and civil work installations including roads, buildings, schools, dispensaries, training centres, workshops, work in progress, scrap.
(c) current Assets, including without limitation, cash in hand, cash at bank, short term investments, deposits, advances paid, receivables, accrued incomes, pre-paid expenses and inventories.
(d) all current contracts, agreements, easements, rights of way, licences, permits, consents, approvals, arrangements, patents, trademarks and other intellectual property rights and interests, books and records, files, plans, drawings, designs, specifications, customer list, billing and payment records, insurance and all interests, rights, claims and rights of action relating to any of the Assets described in paragraph 1, to the extent of and so far as relate exclusively or primarily to Area-II.
(e) liabilities (other than contingent liabilities) restricted to the extent specified in the balance sheet as on the effective date.
(f) contingent liabilities arising in the ordinary course of business pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-II including consumer claims, refund of security deposits, claims and all proceedings related thereto whether pending on the effective date or initiated after the effective date, subject to the potential liability having arisen before the effective date.
(g) all proceedings pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-II.
(h) personnel as specified in Part-III of this Schedule.
2. Opening Balance Sheet :-
(1) The opening balance sheet of the APDISTCO-II as on the effective date shall be prepared as per the books of account of the APTRANSCO, as on the effective date and shall be subject to the adjustments that may be determined by the State Government, in accordance with the Rules and the Second Transfer Scheme. The provisional balance sheet of the APDISTCO-II in Part-II hereof is based on the opening balance sheet of the APTRANSCO as finalised by the State Government vide G.O. Ms. No.11, Energy (Power III), January 31, 2000.
(2) The further adjustments required to prepare the balance sheet of the APDISTCO-II as on the effective date based on the books of account of the APTRANSCO, shall include, but not be limited to :
(a) Updating the books of accounts, assets and liabilities balances, to account for the operations of the APTRANSCO till the effective date;
(b) Adjustments necessary for determining realisable value of assets and liabilities;
(c) Adjustments arising from the audit of the financial statements of the APTRANSCO as on the effective date;
(d) Enhancement of re-structuring adjustments in accordance with the rules and to implement the objectives of the Rules;
(e) To allocate/re-allocate assets and liabilities, including outstanding and/or accrued liabilities, as may be determined by the State Government to implement the objectives of the Rules;
(f) Such other adjustments as the State Government may deem necessary to implement the objectives of the Rules.
3. Consideration :-
In consideration of the transfer of the Distribution Undertaking to the APDISTCO-II in terms of the Rules and the Second Transfer Scheme, the APDISTCO-II shall issue and allot 10,48,53,040 number of equity shares of face value of Rs.10/- each, at par value, to the APTRANSCO.
Part II
[See clause 3.2(3)]
Provisional opening balance sheet of APDISTCO-II as on the effective date
(Rs. In Crores)
1. Assets
A. Fixed Assets
1.
(a) Gross Fixed Assets
728.87
(b) Less Accumulated Depreciation
(330.94)
(c) Net Fixed Assets
397.93
2.
Capital Works in progress/other assets
84.94
3.
Investments
0.21
Total A Fixed Assets (1+2+3)
483.08
B. Subsidy receivable from Govt. of A.P.
C. Current Assets
1.
Cash and Bank Balances
11.98
2.
Stock (Net of Provision)
21.31
3.
(a) Sundry Debtors for Electricity
128.30
(b) Accrued Revenue
128.35
(c) Less Provision for Bad and Doubtful debt
(86.79)
(d) other receivables (Electy. Duty etc.)
0.07
Net Debtors (a+b+c+d)
169.93
4.
Loans and Advances
12.59
5.
Other Current Assets
12.79
Total C Current Assets (1 to 5)
228.60
Total Assets (A+B+C)
711.68
2. LIABILITIES
A. Networth
1.
Equity
104.85
2.
Consumer Contribution/Grants
11.34
Total Net Worth
116.19
B. Reserves for Employees Funds
(0.48)
C. Long term Debt
1.
State Government Loans
2.
Loans from others
220.80
Total (C) Long Term Loans (1 to 2)
220.80
D. Current Liabilities
1.
Capital and O & M Supplies
65.12
2.
Deposits from consumers
172.85
3.
Deposits and retentions
10.18
4.
Accrued liabilities on borrowings
7.68
5.
Other Current Liabilities
81.26
6.
Payment due on Capital Liabilities
37.12
Total Current Liabilities (1 to 6)
374.21
Total Liabilities (A + B + C + D)
711.68
Part III
[See clause 7.1]
A. Allocation of offices on an "as-is-where-is" basis
The following offices of APTRANSCO alongwith all subordinate offices stand allocated to APDISTCO-II
Zonal Office
Operation Circle
Operation Division
ERO
M&P Division
Transformer Division
Construction Division
DPE Division
Operation Circle
Operation Division
ERO
M&P Division
Transformer Division
Construction Division
DPE Division
Operation Circle
Operation Division
ERO
M&P Division
Transformer Division
Construction Division
Assessment
DPE Division
Operation Circle
Operation Division
ERO
M&P Division
Transformer Division
Construction Division DPE Division
Operation Circle
Operation Division
ERO
M&P Division
Transformer Division
Construction Division
DPE Division
Operation Cirlce
Operation Division
ERO
M&P Division
Transformer Division
Construction Division
Assessment Circle
Assessment Division
DPE Circle
DPE Division
Enquiries Division
Lineman Training Centre
Lineman Training Centre
B. Allocation of common offices
Nellore
Cuddapah
Viayawada
Guntur
Guntur
Cuddapah
Nellore
Nellore
Ongole
Tirupati
Cuddapah
Town, Vijayawada
Rural, Vijayawada
Gudiwada
Machilipatnam
Town I, Vijayawada
Town II, Vijayawada
Rural, Vijayawada
Nandigama
Ibrahimpatnam
Gudivada
Nuzivudi
Machilipatnam
Vijayawada
Vijayawada
Vijayawada
Vijayawada
Tenali
Narasaraopet
Macherla
Town, Guntur
Rural, Guntur
Tenali
Bapatla
Repalle
Narsaraopet
Sathenapally
Gurajala
Guntur
Guntur
Guntur
Guntur
Kavali
Gudur
Town, Nellore
Rural, Nellore
Kavali
Kovur
Gudur
Naidupet
Nellore
Nellore
Nellore
Nellore
Nellore
Ongole
Markapur
Kanigiri
Town, Ongole
Rular, Ongole
Chirala
Singarayakonda
Markapur
Podili
Addanki
Ongole
Ongole
Ongole
Ongole
Town, Tirupati
Rural, Tirupati
Chittoor
Madanapalle
Puttur
Tirupati
Pakala
Srikalahasthi
Puttur
Nagari
Chittoor
Palamner
Madanapalle
Pileru
Tirupati
Tirupati
Tirupati
Tirupati
Cuddapah
Rajampet
Proddutur
Cuddapah
Pulivendula
Rajampet
Proddutur
Cuddapah
Cuddapah
Cuddapah
Cuddapah
Cuddapah
Cuddapah
Cuddapah
Cuddapah
Vijayawada
Cuddapah
From amongst the offices of CE-Operations, CE-RAC, CE-Tariffs, CE-Reforms, CE-Information Systems, CE-P&MM, CE-RE, CE-DFID, CE-APL, CE-Disciplinary Cases and CE-Commercial the following posts stand allocated to APDISTCO-II:
Designation
Number of Posts
CE
2
SE
3
DE
8
ADE
17
SAO
1
AE
5
AAE
1
AO
1
AAO
1
JPO
2
Typist
1
Attender
1
Driver
1
From amongst the offices of Additional Secretary, CE-Disciplinary Cases, CE-P&MM, CE-Reforms, GM-Personnel and GM-IR, the following HRD related posts stand allocated to APDISTCO-II:
Designation Number of Posts
Dy Secy
1
Asst Secy
1
PO
6
JPO
12
From the office of FA & CCA (R&E), the following posts stand allocated to APDISTCO-II:
Designation Number of Posts
Dy CCA
1
SAO
1
AO
1
AAO
1
JAO
3
UDC
1
LDC
1
Attender
2
SCHEDULE D Schedule
ScheduleSchedule "D"
Part-I
[See Clause 2(1)(k)(3) and Clause 3.3]
Distribution Undertaking of Area-III
1. Distribution Undertaking :-
All the Assets, Liabilities, Proceedings and Personnel pertaining exclusively or primarily to the Distribution Undertaking of Area-III, including but not limited to the following, namely:
(a) the Distribution System.
(b) other Assets, including but not limited to, special tools and equipment, material handling equipment earth movers, bulldozers, concrete mixers, cranes, trailers, heavy and light vehicles, furniture and fixtures, office equipment (including computer systems, telecommunication systems and software), air conditioners, refrigerators, spares, consumables, raw materials, lands and civil work installations including roads, buildings, schools, dispensaries, training centres, workshops, work in progress, scrap.
(c) current Assets, including without limitation, cash in hand, cash at bank, short term investments, deposits, advances paid, receivables, accrued incomes, pre-paid expenses and inventories.
(d) all current contracts, agreements, easements, rights of way, licences, permits, consents, approvals, arrangements, patents, trademarks and other intellectual property rights and interests, books and records, files, plans, drawings, designs, specifications, customer list, billing and payment records, insurance and all interests, rights, claims and rights of action relating to any of the Assets described in paragraph 1, to the extent of and so far as relate exclusively or primarily to Area-III.
(e) Liabilities (other than contingent liabilities) restricted to the extent specified in the balance sheet as on the effective date.
(f) contingent liabilities arising in the ordinary course of business pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-III including consumer claims, refund of security deposits, claims and all proceedings related thereto whether pending on the effective date or initiated after the effective date, subject to the potential liability having arisen before the effective date.
(g) all proceedings pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-III.
(h) Personnel as specified in Part-III of this Schedule.
2. Opening Balance Sheet :-
(1) The opening balance sheet of the APDISTCO-III as on the effective date shall be prepared as per the books of account of the APTRANSCO, as on the effective date and shall be subject to the adjustments that may be determined by the State Government, in accordance with the Rules and the Second Transfer Scheme. The provisional balance sheet of the APDISTCO-III in Part-II hereof is based on the opening balance sheet of the APTRANSCO as finalised by the State Government vide G.O. Ms. No.11, Energy (Power III), January 31, 2000.
(2) The further adjustments required to prepare the balance sheet of the APDISTCO-III as on the effective date based on the books of account of the APTRANSCO, shall include, but not be limited to:
(a) Updating the books of accounts, assets and liabilities balances, to account for the operations of the APTRANSCO till the effective date;
(b) Adjustments necessary for determining realisable value of assets and liabilities;
(c) Adjustments arising from the audit of the financial statements of the APTRANSCO as on the effective date;
(d) Enhancement of re-structuring adjustments in accordance with the Rules and to implement the objectives of the Rules;
(e) To allocate/re-allocate assets and liabilities, including outstanding and/or accrued liabilities, as may be determined by the State Government to implement the objectives of the Rules;
(f) Such other adjustments as the State Government may deem necessary to implement the objectives of the Rules.
3. Consideration :-
In consideration of the transfer of the Distribution Undertaking to the APDISTCO-III in terms of the Rules and the Second Transfer Scheme, the APDISTCO-III shall issue and allot 12, 51, 27, 190 number of equity shares of face value of Rs.10/- each, at par value, to the APTRANSCO.
Part II
[See clause 3.3(3)]
Provisional Opening Balance Sheet of APDISTCO-III as on the Effective Date
1.
ASSETS
(Rs. in crores)
A. Fixed Assets
1.
(a) Gross Fixed Assets
1,077.02
(b) Less Accumulated Depreciation
(489.91)
(c) Net Fixed Assets
587.11
2.
Capital Works in progress/other assets
161.75
3.
Investments
1.01
Total A Fixed Assets (1+2+3)
749.87
B. Subsidy receivable from Government of A.P.
C. Current Assets
1.
Cash and Bank Balances
21.32
2.
Stock (Net of Provision)
31.22
3.
a) Sundry Debtors for Electricity
523.84
b) Accrued Revenue
207.71
c) Less Provision for Bad and Doubtful debt
(305.71)
d) Other receivables (Electy. Duty etc.)
0.42
Net Debtors (a+b+c+d)
426.26
4.
Loans and Advances
19.81
5.
Other Current Assets
12.83
Total C Current Assets (1 to 5)
511.44
Total Assets (A+B+C)
1,261.31
2. LIABILITIES
(A) Networth
1.
Equity
125.13
2.
Consumer Contribution/Grants
9.98
Total Net Worth
135.11
(B) Reserves for Employees Funds
3.44
(C) Long term debt
1.
State Government Loans
2.
Loans from others
262.22
Total (C) Long Term Loans (1 to 2)
262.22
(D) Current Liabilities
1.
Capital and O&M Supplies
206.12
2.
Deposits from consumers
289.35
3.
Deposits and retentions
(9.63)
4.
Accrued liabilities on borrowings
12.16
5.
Other Current Liabilities
303.78
6.
Payment due on Capital Liabilities
58.76
Total Current Liabilities (1 to 6)
860.54
Total Liabilities (A+B+C+D)
1,261.31
Part III
[See clause 7.1]
A. Allocation of offices on an "as-is-where-is" basis
The following offices of APTRANSCO alongwith all subordinate offices stand allocated to APDISTCO-III
Zonal Office
Metro Hyderabad
Operation Circle
North, Hyderabad
Operation Division
City-I, Mint Compound
City-IV, Erragadda
City-V, Secbad
City-VI,
Bowenpally
ERO
ERO I
ERO VI
ERO VII
ERO X
ERO XI
ERO XII
GRC, Mint
Compound
Transformer Division North,
Hyderabad Construction Circle Master Plan
Construction Division
Master Plan-1
Master Plan-2
Master Plan-3
Assessment Circle
Hyderabad
Assessment Division
Hyderabad
Metro
DPE Circle
Hyderabad
DPE Division
DPE-I, Hyderabad
HT, Hyderabad
Enquiries Division
Hyderabad
Other Offices
SE, Cables
SE, SCADA
Operation Circle
South, Hyderabad
Operation Division
City-II, Narayanguda
City-III, Charminar
City-VII,
Asifnagar
City-VIII,
Malakpet
ERO
ERO II
ERO III
ERO IV
ERO VIII
ERO IX
Transformer Division
South,
Hyderabad
DPE Division
DPE II,
Hyderabad
Operation Circle
Ranga Reddy,
Hyderabad
Operation Division
Habsiguda
Saroornagar
Kukatpally
Vikarabad
ERO
Habsiguda
Sainikpuri
Gaganpahad
Vikarabad
M&P Division
Ranga Reddy
Transformer Division
Ranga Reddy
Construction Division
Ranga Reddy
DPE Division
Ranga Reddy
Operation Circle
Medak
Operation Division
Medak
Sangareddy
Siddipet
ERO
Medak
Sangareddy
Zaheerabad
Siddipet
Gazwel
M&P Division
Sangareddy
Transformer Division
Sangareddy
Construction Division
Sangareddy
DPE Division
Sangareddy
Operation Circle
Nalgonda
Operation Division
Nalgonda
Miryalaguda
Suryapet
Bhongir
ERO
Nalgonda
Suryapet
Kodad
Bhongir
Ramannapet
Miryalaguda
Deverakonda
M&P Division
Nalgonda
Transformer Division
Nalgonda
Construction Division
Nalgonda
DPE Division
Nalgonda
Operation Circle
Mahaboobnagar
Operation Division
Mahaboobnagar
Wanaparthy
Jadcherla
ERO
Mahaboobnagar
Narayanpet
Wanaparthy
Gadwal
Jadcherla
Kalwakurthy
Nagarkurnool
Shadnagar
M&P Division
Mahaboobnagar
Transformer Division
Mahaboobnagar
Construction Division
Mahaboobnagar
DPE Division
Mahaboobnagar
Operation Circle
Ananthpur
Operation Division
Ananthapur
Gooty
Hindupur
ERO Town,
Ananthpur Rural,
Ananthapur
Dharmavaram
Guntakal
Rayadurg
Tadipatri
Hindupur
Penukonda
M&P Division
Ananthapur
Transformer Division
Ananthapur
Construction Division
Ananthapur
DPE Division
Ananthapur
Operation Circle
Kurnool
Operation Division
Kurnool
Nandyal
Adoni
ERO
Town, Kurnool
Rural, Kurnool
Dhone
Adoni
Yemmiganur
Pathikonda
Nandyal
Allagadda
Banaganapalle
M&P Division
Kurnool
Transformer Division
Kurnool
Construction Division
Kurnool
DPE Division
Kurnool
Lineman Training Centre
Hyderabad
B. Allocation of Common Offices
From amongst the offices of CE-Operations, CE-RAC, CE-Tariffs, CE-Reforms, CE-Information Systems, CE-P&MM, CE-RE, CE-DFID, CE-APL, CE-Disciplinary Cases and CE-Commercial the following posts stand allocated to APDISTCO-III.
Designation Number of Posts
CE
2
SE
3
DE
8
ADE
17
SAO
1
AE
5
AO
1
JPO
2
Jr. Executive
1
Typist
1
Assistant
1
Attender
1
From amongst the offices of Additional Secretary, CE-Disciplinary Cases, CE-P&MM, CE-Reforms, GM-Personnel and GM-IR, the following HRD related posts stand allocated to APDISTCO-III :
Designation Number of Posts
Asst. Secy
1
PO
6
JPO
12
From the office of FA & CCA (R&E), the following posts stand allocated to APDISTCO-III
Designation Number of Posts
Dy. CCA
1
AO
1
AAO
2
JAO
3
UDC
1
LDC
1
Steno Typist
1
Attender
2
SCHEDULE E Schedule
Schedule Schedule "E"
Part I
[See Clause 2(1)(k)(4) and clause 3.4]
Distribution Undertaking of Area-IV
1. Distribution Undertaking :-All the Assets, Liabilities, Proceedings and Personnel pertaining exclusively or primarily to the Distribution Undertaking of Area-IV, includinjg but not limited to the following namely :-
(a) the Distribution System;
(b) other Assets, including but not limited to, special tools and equipment, material handling equipment earth movers, bulldozers, concrete mixers, cranes, trailers, heavy and light vehicles, furniture and fixtures, office equipment (including computer systems, telecommunication systems and software), air conditioners, refrigerators, spares, consumables, raw materials, lands and civil work installations including roads, buildings, schools, dispensaries, training centres, workshops, work in progress, scrap;
(c) current Assets, including without limitation, cash in hand, cash at bank, short term investments, deposits, advances paid, receivables, accrued incomes, pre-paid expenses and inventories;
(d) all current contracts, agreements, easements, rights of way, licenses, permits consents, approvals, arrangements, patents, trademarks and other intellectual property rights and interests, books and records, files, plans, drawings, designs, specifications, customer list, billing and payment records, insurance and all interests, rights, claims and rights of action relating to any of the Assets described in paragraph I, to the extent of and so far as relate exclusively or primarily to Area-IV;
(e) liabilities (other than contingent liabilities) restricted to the extent specified in the balance sheet as on the effective date;
(f) contingent liabilities arising in the ordinary course of business pertaining exclusively or primarily to the Distribution Business and Distribution Undertaking of Area-IV including consumer claims, refund of security deposits, claims and all proceedings related thereto whether pending on the effective date or initiated after the effective date, subject to the potential liability having arisen before the effective date;
(g) all proceedings pertaining exclusively or primarily to the Distribution Business and Distribution Undetaking of Area-IV;
(h) Personnel as specified in Part-III of this Schedule;
2. Opening Balance Sheet :-
(1) The opening Balance sheet of the APDISTCO-IV as on the effective date shall be prepared as per the books of account of the APTRANSCO, as on the effective date and shall be subject to the adjustments that may be determined by the State Government, in accordance with the rules and the Second Transfer Scheme. The provisional balance sheet of the APDISTCO-IV in Part II hereof is based on the opening balance sheet of the APTRANSCO as finalised by the State Government vide G.O. Ms. No.11, Energy (Power III), January 31, 2000.
(2) The further adjustments required to prepare the balance sheet of the APDISTCO-IV as on the effective date based on the books of account of the APTRANSCO, shall include, but not be limited to :
(a) updating the books of accounts, assets and liabilities balances, to account for the operations of the APTRANSCO till the effective date;
(b) adjustments necessary for determining realisable value of assets and liabilities.
(c) adjustments arising from the audit of the financial statements of the APTRANSCO as on the effective date.
(d) enhancement of re-structuring adjustments in accordance with the rules and to implement the objectives of the rules;
(e) to allocate/re-allocate assets and liabilities, including outstanding and/or accrued liabilities, as may be determined by the State Government to implement the objectives of the rules;
(f) such other adjustments as the State Government may deem necessary to implement the objectives of the rules.
3. Consideration :-In consideration of the transfer of the Distribution Undertaking to the APDISTCO-IV in terms of the rules and the Second Transfer Scheme, the APDISTCO-IV shall issue and allot 13,40,44,550 number of equity shares of face value of Rs.10/- each, at par value, to the AP TRANSCO.
Schedule "E"
Part-II
[See Clause 3.4(3)]
Provisional Opening Balance Sheet of APDISTCO-IV as on the Effective Date
(Rs. in crores)
Fixed
1. ASSETS
1. (a) Gross Fixed Assets
591.78
(b) Less Accumulated Depreciation
(267.7)
(c) Net Fixed Assets
324.03
2. Capital Works in progress/other assets
92.41
3. Investments
0.26
Total A Fixed Assets (1+2+3)
416.70
B. Subsidy receivable from Government of AP
C. Current Assets
1. Cash and Bank Balances
8.12
2. Stock (Net of Provision)
17.02
3. (a) Sundry Debtors for Electricity
297.23
(b) Accrued Revenue
95.50
(c) Less Provision for Bad and Doubtful debt
(159.2
(d) Other receivables (Electy. Duty etc.)
0.94
Net Debtors (a+b+c+d)
234.44
4. Loans and Advances
16.55
5.
Other Current Assets
10.29
Total C Current Assets (1 to 5)
286.42
Total Assets (A+B+C)
703.12
2. LIABILITIES
A. NETWORTH
1. Equity
134.04
2. Consumer Contribution/Grants
5.24
Total Net Worth
139.28
B. Reserves for Employees Funds
1.97
C. Long term debt
1. State Government Loans
2. Loans from others
267.32
Total (C) Long Term Loans (1 to 2)
267.32
D. Current Liabilities
1. Capital and O&M Supplies
53.60
2. Deposits from consumers
120.54
3. Deposits and retentions
17.97
4. Accrued liabilities on borrowings
6.22
5. Other Current Liabilities
65.84
6. Payment due on Capital Liabilities
30.38
Total Current Liabilities (1 to 6)
294.55
Total Liabilities (A+B+C+D)
703.12
Schedule "E"
Part - III
[See Clause 7.1]
A. Allocation of offices on an "as-is-where-is" basis.
The following offices of APTRANSO alongwith all subordinate offices stand allocated to APDISTCO-IV
Zontal Office Warangal Nizambad
Operation Circle
Warangal Operation Division
Warangal
Mahaboobabad
Mulug
Janagaon
Rural, Warangal
ERO
Warangal
Town, Hanumankonda
GRC, Warangal
Rural, Hanumakonda
Mahaboobabad
Narsampet
Parkal
Janagaon
Cherial
Ghanapur
M & P Division
Warangal
Transformer Division North, Warangal
Assessment Circle Warangal
Assessment Division Warangal
DPE Division Warangal
Enquiries Division Warangal
Operation Circle Khammam
Operation Division Khammam
Bhadrachalam
Sathupally
Town, Khammam
Rural, Khammam
Sathupally
Bhadrachalam
Kothagudem
Transformer Division Khammam
Construction Division Khammam
DPE Division Khammam
Operation Circle Karimanagar
Operation Division Karimanagar
Huzurabad
Jagtial
Peddapally
Town, Karimnagar
Rural, Karimnagar
Husnabad
Huzurabad
Metpally
Jagtial
Peddapally
Godavarikhani
M & P Division
Karimnagar
Transformer Division
Karimnagar
Construction Division Karimnagar
DPE Division Karimnagar
Operation Circle Nizamabad
Operation Division Nizamabad Armoor Kamareddy Town, Nizamabad
ERO Rural, Nizamabad Bhodan Armoor Bheemgal Kamareddy Yellareddy
M & P Division Nizamabad
Transformer Division Nizamabad
Construction Division Nizamabad
Assessment Nizamabad
DPE Division Nizamabad
Operation circle Adilabad
Operation division Adilabad
Nirmal
Mancherial
Sirpurkagaznagar
ERO
Adilabad
Nirmal
Mancherial
Sirpurkagaznagar
MRT Division
Nirmal
Mancherial
Construction Division Adilabad
DPE Division Adilabad
Lineman Training Centre Warangal
B. Allocation of common offices
From amongst the offices of CE-Operations, CE-RAC, CE-Tariffs, CE-Reforms, CE-Information Systems, CE-P&MM, CE-RE, CE-DFID, CE-APL, CE-Disciplinary Cases and CE-Commercial the following posts stand allocated to APDISTCO-IV:
Designation Number of Posts
CE
2
SE
3
DE
8
Dy CCA
1
ADE
17
SAO
1
AE
6
PO
1
JAO
1
JPO
2
Typist
1
Attender
1
From Amongst the offices of Additional Secretary, CE-Disciplinary Cases, CE-P&MM, CE-REforms, GM-Personnel and GM-IR, the following HRD related posts stand allocated to APDISTCO-IV
Designation Number of Posts
Dy Secy
1
Asst Secy
1
PO
6
JPO
12
From the office of FA & CCA (R & E), the following posts stand allocated to APDISTCO-IV.
Designation Number of Posts
SAO
1
AO
1
AAO
1
JAO
3
UDC
1
Attender
3
SCHEDULE F Schedule
Schedule
Schedule "F"
[See Clause 4]
Provisional Balance Sheet of APTRANSCO as on Effective Date
(Rs. In crores)
1. ASSETS
1. A. Fixed Assets
(a) Gross Fixed Assets
1570.42
(b) Less Accumulated Depreciation
(530.14)
(c) Net Fixed Assets
1040.28
2. Capital Works in progress/other asset
664.61
3. Investments
(a) Share capital in GVK & APGPCL
35.94
(b) Share capital in Distribution Com
427.99
Total A. Fixed Assets and Investment
2168.82
B. Subsidy receivable from Governm
1656.76
C. Current Assets
1. Cash and Bank Balances
(31.44)
2. Stock (Net of provision)
81.14
3. Inter State Receivables
1.11
4. Inter Unit Accounts (Net of provision
91.39
5. Loans and Advances
42.70
6. Other Current Assets
348.21
Total C. Current Assets (1 to 6)
533.11
Total Assets (A+B+C)
4358.69
2. LIABILIT
A. Net worth
1. Equity
540.56
2. Capital Reserves/ Grants
0.55
Total Net worth
541.11
B. Reserves for Employees Funds
6.04
C. Long Term debt
1. State Government Loans
286.62
2. Loans from others
1189.46
Total (C) Long Term Loans (1 to 2)
1476.08
D. Current Liabilities
1. Power purchases
1309.94
2. Capital and O&M Supplies
394.76
3. Deposits and retentions
9.23
4. Bank borrowings for working capital
300.44
5. Accrued liabilities on borrowings
28.58
6. Other current liabilities
267.45
7. Payment due on capital liabilities
25.06
Total Current Liabilities (1 to 6)
2335.46
Total Liabilities (A+B+C+D)
4358.69 |
