Section 59 in Rajasthan Power Sector Reforms Act, 1999
59. Effect of this Act on the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.
(1)Except as provided in section 61 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 (Central Act No. 9 of 1910) or the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall prevail 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 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) with which 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 Corporation:Provided that -(a)the State Government shall have power to issue all policy directives and undertake overall planning and coordination as specified in section 12 of this Act and to this extent the powers and functions of the Board as per the provisions of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) or rules made thereunder shall vest in the State Government and the State Government shall coordinate 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 in 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 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. of 1948) to the extent directed by the Commission or specified in licenses.(3)Subject to sub-section (1) and sub-section (2), upon the establishment of the Commission the provisions of the Indian Electricity Act. 1910 (Central Act No. 9 of 1910) and the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall, in their application to this State be read subject to the following modifications and reservations:-Indian Electricity Act, 1910 (Central Act No. 9 of 1910) -(i)all references to State Electricity Board in the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) in so far as the State is concerned shall be read as references to the Commission or Corporation 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), 49-A and 50 and 51 of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) to the extent this Act has made specific provisions, the provisions of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) shall not apply in the State;(iii)the provisions of all other sections of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) shall apply except that, -(a)the term "licence", "licensee" or "licence holder" shall have the meaning as defined under this Act and the licenses shall be construed as having been issued under this Act;(b)the reference to the sections of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) and of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) in the provisions of the Indian Electricity Act, 1910 shall be construed 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 Indian Electricity Act, 1910 (Central Act No. 9 of 1910) shall not apply;(iv)the Schedule to the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) shall be applicable only with reference to the provisions in this Act wherein the applications of the Schedule are specified and not otherwise:Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948)-(v)all references t o State Electricity Board in the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) in so far as the State of Rajasthan is concerned shall be read as reference to the Commission or Corporation or other licensees or where it relates to general policy matters, 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 (Central Act No. 54 of 12948), to the extent this Act has made specific provisions, the provisions of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall not apply in this State:(vii)the provisions of all other sections of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall apply except that, -(a)the term "licence", "licensee" or "licence holder" shall have the meaning as defined under this Act and the licenses shall be construed as having been issued under this Act:(b)the reference to the sections of the Indian Electricity Act, 1910 (Central Act No. 9 of 1910) and of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) in the provisions of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall be construed 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 construed as reference to the proceedings under section 37 of this Act and the arbitration procedure prescribed under the Electricity (Supply) Act, 1948 (Central Act No. 54 of 1948) shall not apply:(viii)the provisions of sections 72, 73 of the Electricity (Supply) Act, 1948 (Central Act No. 54 of 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 (Central Act No. 54 of 1948) shall be applicable only with reference to the provisions in this Act wherein the application of the Schedules are specified and not otherwise.
