1 THE HARYANA ELECTRICITY REFORM ACT, 1997 ... - HIPA

Penalties andProceedings notprejudice other actions.45. The proceedings and actions under this Act against a person contravening theprovisions of the Act or orders passed by the Commission shall be in addition to andwithout prejudice to actions that may be initiated under other Acts including and inparticular under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948.PART XIIIMISCELLANEOUSRecovery of Fees, Finesand Charges.Application of fine andcharges.No part of the fines orpenalties imposed to bepassed on.Protection of actiontoken in good faith.Bar of Jurisdiction.Power to removedifficulties.46. 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 provisionsof the Haryana Govt. Electrical Undertaking (Dues Recovery) Act, 1970, as if any suchsum were a public demand as defined in that Act and hand over the amount due to theperson or authority concerned.47. The Commission or Court imposing the fine and charges under this Act maydirect that the whole or any part thereof shall be applied in or towards payment of thecosts of the proceedings.48. The licensee, Generating Companies and others on whom the fines, charges,penalties etc. are imposed under this Act shall not, directly or indirectly, pass the sameto the consumers in the form of tariff or charges payable.49. No suit or legal proceedings shall lie against the Commission or the Chairman orother members of the Commission or the staff or representatives of the Commission inrespect of anything which is in good faith done or intended to be done under this Act orany rule or regulations or order made thereunder.50. No order or proposal made under this Act or rules or regulations framed underthe Act shall be appellable except as provided in the Act and no Civil Court includingunder the Arbitration & Conciliation Act, 1996 shall have jurisdiction in respect of anymatter which the Commission or the Appellate Authority under the Act is empoweredby, or under, this Act.51. (1) If any difficulty arises in giving effect to the provisions of this Act or therules, regulations, scheme or orders made thereunder, the State Government may byorder published in the Official Gazette, make such provision, not inconsistent with theprovisions of this Act as appear to it to be necessary or expedient for removing thedifficulty.(2) Every order made under this section shall, as soon as may be after it is made, be laidbefore the State Legislature.45