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45. According to Section 63 of the Act, the State Commission has to adopt the tariff if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the Central Government. The bidding guidelines of the Central Government has appropriate clause for Liquidated Damages for delay in commissioning of the project. The generating company participating in the competitive bidding has option to load the cost of perceivable risk of delay in execution of the project on the tariff quoted by them. The same concept of penalty as envisaged in the Standard Bidding Document of the Central Govt. for procurement of power by the distribution licensee under section 63 of the Act can not be applied to procurement of power from power projects where Appeal No.57of 2012 the tariff has to be determined by the State Commission as per its Tariff Regulations under Section 62 of the Act.