Report of Indian Institute of Public Administration ... - Ministry of Power

Rajasthan
the EA, 2003 through policy directive under Section 108 or otherwise, the State
Government is not required to provide capital subsidy. This does not appear to be
correct because both have similar financial implications for the licensee. This section
needs be amended. After the word “Section 67, the words “and charges determined
under section 46, 47 and 50” should be added.
Constitution of fund for the State Commission
For ensuring independence of the Commissions, Section 103 of the EA, 2003 lays
down the requirement of creating a separate fund. This fund has not been created as
yet in Rajasthan. This leads to too much of dependence of the Commission on the
State Government. There is a need to lay down a time limit for creation of such a
fund.
Powers of Civil Courts for the Commissions:
Under Section 120(3) of the EA, 2003, an order of the Appellate Tribunal shall be
executable as a decree of a Civil Court but analogous powers have not been conferred
upon the Commissions. It would, therefore, be desirable that in Section 94 also,
powers analogous to Section 120(3) and (4) are incorporated to enable the
Commission to enforce its order regarding imposition of fines, award of
compensation, etc., without moving to a Civil Court.
Appeals Against Orders of the Ombudsman
There is no provision for appeal against the order of the Ombudsman. The Regulatory
Commission should have the right to hear appeals against the decisions of the
Ombudsman.
General Superintendence of the Commission over Ombudsman
Under Section 121 of the EA, 2003 the Chairperson of the Appellate Tribunal
exercises general power of superintendence and control over the State Commissions.
Similar provision should be incorporated for supervision by the Commission over the
working of the Ombudsman.
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