Enterprise Related Bodies
Central Electricity Authority
The Central Electricity Authority (CEA) is a statutory body constituted under the erstwhile Electricity (Supply) Act, 1948, which was replaced by the Electricity Act, 2003. It is responsible for the technical coordination and supervision of programmes and is also entrusted with a number of statutory functions.
The CEA is headed by a chairman, who is also ex-officio secretary to the Government of India, and six full time members of the rank of ex-officio additional secretary to the Government of India, designated as member (thermal), member (hydro), member (economic and commercial), member (power systems), member (planning) and member (grid operation and distribution). CEA prepares a national electricity plan in accordance with the national electricity policy and notifies such plan once in five years. Any generating company intending to set up a hydro-generating station also requires the concurrence of the Central Electricity Authority.
Section 73 of the Electricity Act, 2003 empowers the authority to perform such functions and duties as the central government may prescribe or direct, and in particular to:
(i) advise the central government on matters relating to the national electricity policy, formulate short-term and perspective plans for development of the electricity system and coordinate the activities of the planning agencies for the optimal utilisation of resources to subserve the interests of the national economy and to provide reliable and affordable electricity for all consumers;
(ii) specify the technical standards for construction of electrical plants, electric lines and connectivity to the grid;
(iii) specify the safety requirements for construction, operation and maintenance of electrical plants and electric lines;
(iv) specify the grid standards for operation and maintenance of transmission lines;
(v) specify the conditions for installation of meters for transmission and supply of electricity;
(vi) promote and assist in the timely completion of schemes and projects for improving and augmenting the electricity system;
(vii) promote measures for advancing the skill of persons engaged in the electricity industry;
(viii) advise the central government on any matter on which its advice is sought or make recommendation to that government on any matter if, in the opinion of the authority, the recommendation would help in improving the generation, transmission, trading, distribution and utilisation of electricity;
(ix) collect and record the data concerning the generation, transmission, trading, distribution and utilisation of electricity and carry out studies relating to cost, efficiency, competitiveness and such like matters;
(x) make public from time to time information secured under this act, and provide for the publication of reports and investigations;
(xi) promote research on matters affecting the generation, transmission, distribution and trading of electricity;
(xii) carry out, or cause to be carried out, any investigation for the purposes of generating or transmitting or distributing electricity.
(xiii) advise any state government, licensees or the generating companies on such matters which shall enable them to operate and maintain the electricity system under their ownership or control in an improved manner and where necessary, in co-ordination with any other government, licensee or the generating company owning or having the control of another electricity system;
(xiv) advise the appropriate government and the appropriate commission on all technical matters relating to generation, transmission and distribution of electricity; and
(xv) discharge such other functions as may be provided under the Electricity Act, 2003.
Central Electricity Regulatory Commission
The Central Electricity Regulatory Commission (CERC) is a statutory regulatory body constituted under the provision of the erstwhile Electricity Regulatory Commissions Act, 1998 and continued under Electricity Act, 2003 to promote competition, efficiency and economy in bulk power markets, improve the quality of supply, promote investments and advise government on the removal of institutional barriers to bridge the demand supply gap and thus foster the interests of consumers.
Composition
The commission is constituted of a chairperson and three other members. The chairperson is to be the member, ex-officio.
Objectives
The aims of the commission are to
(i) improve the operations and manage-ment of the regional transmission systems through Indian Electricity Grid Code (IEGC), Availability Based Tariff (ABT), etc.;
(ii) formulate an efficient tariff setting mechanism, which ensures speedy and time bound disposal of tariff petitions, promote competition, economy and efficiency in the pricing of bulk power and transmission services and ensure least cost investments;
(iii) facilitate open access in inter-state transmission;
(iv) facilitate inter-state trading;
(v) promote development of power market;
(vi) improve access to information for all stakeholders;
(vii) facilitate technological and institutional changes required for the development of competitive markets in bulk power and transmission services; and
(viii) advise on the removal of barriers to entry and exit for capital and management, within the limits of environmental, safety and security concerns and the existing legislative requirements, as the first step to the creation of competitive markets.
Functions
The Commission is entrusted with two kinds of functions—(a) mandatory functions, and (b) advisory functions.
Mandatory functions of the commission are—
(i) to regulate the tariff of generating companies owned or controlled by the central government;.
(ii) to regulate the tariff of generating companies other than those owned or controlled by the central government, if such generating companies enter into or otherwise have a composite scheme for generation and sale of electricity in more than one state;
(iii) to regulate the inter-state transmission of electricity;
(iv) to determine tariff for inter-state transmission of electricity;
(v) to issue licences to persons to function as transmission licensee and electricity trader with respect to their inter-state operations;
(vi) improve access to information for all stakeholders;
(vii) to adjudicate upon disputes involving generating companies or transmission licensee and to refer any dispute for arbitration;
(viii) to levy fees for the purposes of the act;
(ix) to specify grid code having regard to grid standards;
(x) to specify and enforce the standards with respect to quality, continuity and reliability of service by licensees;
(xi) to fix the trading margin in the inter-State trading of electricity, if considered, necessary; and
(xii) to discharge such other functions as may be assigned under the act.
The advisory functions of the commission are
(i) formulation of National Electricity Policy and Tariff Policy;
(ii) promotion of competition, efficiency and economy in the activities of the electricity industry;
(iii) promotion of investment in electricity industry; and
(iv) any other matter referred to the commission by the central government.
Bureau of Energy Efficiency
The Bureau of Energy Efficiency (BEE) was set up by the Government of India on March 1, 2002 as a statutory body as per Section 3 of the Energy Conservation Act, 2001. It is responsible for spearheading the improvement of energy efficiency of economy through regulatory and promotional instruments.
The mission of BEE is to develop policies and strategies with a thrust on self-regulation and market principles within the overall frame work of Energy Conservation Act 2001.
Objectives
The objectives of the BEE are to exert leadership and provide policy recommendation and direction to national energy conservation and efficiency efforts and programmes; to coordinate energy efficiency and conservation policies and programs and take it to the stakeholders; to establish systems and procedures to measure, monitor and verify energy efficiency results in individual sectors as well as at a macro level; to leverage multi-lateral, bilateral and private sector support in implementation of the Energy Conservation Act and efficient use of energy and its conservation programmes; to demonstrate delivery of energy efficiency services as mandated in the Energy Conservation Act through private-public partnerships; and to interpret, plan and manage energy conservation programmes as envisaged in the act.
Functions
The function of the BEE is to develop programmes which will increase the conservation and efficient use of energy in India. The government made it mandatory for all appliances in India to have ratings by the BEE starting from January 2010. BEE has initiated the following projects and programmes:
- Indian Industry Programme for Energy Conservation (IIPEC)
- Professional Certification of Energy Managers and Accreditation of Energy Auditors
- Development of Manual and Energy Performance Codes for Equipment
- Standardise and lebeling (S&L) Programme
- Demand side Management
- Energy Efficiency in Building and Establishments
- Energy Conservation on Building Codes
- Energy Conservation Awareness in Schools
- National Energy Conservation Awards.
Appellate Tribunal for Electricity
Appellate Tribunal for Electricity, a statutory quasi-judicial body, was set up in April 2004, by the Ministry of Power, Government of India, under the Electricity Act 2003. It has jurisdiction throughout India to hear appeals or original petitions against the orders of the adjudicating officer or the central regulatory commission or state regulatory commission or joint commission.
Composition
The appellate tribunal consists of a chairperson and three other members. Every bench constituted by the chairperson shall consist of at least one judicial member and one technical member.
Powers
The appellate tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, it shall have powers to regulate its own procedure.
The tribunal has the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation of default or deciding it ex parte;
(h) setting aside any order of dismissal or any representation for default or any order passed by it ex parte;
(i) any other matter which may be prescribed by the central government.
All proceedings before the appellate tribunal are deemed to be judicial proceedings within the meaning of the Indian Penal Code.
Atomic Energy Regulatory Board
The Atomic Energy Regulatory Board (AERB), a statutory body, was constituted on November 15, 1983 by the President of India by exercising the powers conferred on him by the Atomic Energy Act, 1962 to carry out certain regulatory and safety functions under the act. The regulatory authority of AERB is derived from the rules and notifications promulgated under the Atomic Energy Act and the Environment (Protection) Act, 1986.
Composition
The board consists of a full-time chairman, an ex-officio member, three part-time members and a secretary. It is supported in its functions by a number of committees. Members of all the AERB committees are recognised experts with long experience in the relevant fields and come from Department of Atomic Energy units, various governmental organisations, academic institutes and industry. A large number of retired experts are also members of the various AERB committees.
Objectives and Functions
The mission of the board is to ensure that the use of ionising radiation and nuclear energy in India does not cause undue risk to health and the environment.
The functions of the AERB are to:
(i) develop safety policies in both radiation and industrial safety areas;
(ii) develop safety codes, guides and standards for sitting, design, construction, commissioning, operation and decommissioning of different types of nuclear and radiation facilities;
(iii) grant consents for sitting, construction, commissioning, operation and decom-missioning, after an appropriate safety review and assessment, for establishment of nuclear and radiation facilities;
(iv) ensure compliance of the regulatory requirements prescribed by AERB during all stages of consenting through a system of review and assessment, regulatory inspection and enforcement;
(v) prescribe the acceptance limits of radiation exposure to occupational workers and members of the public and approve acceptable limits of environmental releases of radioactive substances;
(vi) review of the emergency preparedness plans for nuclear and radiation facilities;
(vii) safety reviews for transport of large radioactive sources, irradiated fuel and fissile material;
(viii) review training programmes, qualifications and licensing policies for personnel of nuclear and radiation facilities and prescribe the syllabi for training of personnel in safety aspects at all levels;
(ix) take such steps as necessary to keep the public informed on major issues of radiological safety significance;
(x) promote research and development efforts in the areas of safety; and
(xi) maintain liaison with statutory bodies in the country as well as abroad regarding safety matters.
Petroleum and Natural Gas Regulatory Board
The Petroleum and Natural Gas Regulatory Board (PNGRB), a statutory body, was constituted under the Petroleum and Natural Gas Regulatory Board Act, 2006 in March, 2006 to protect the interests of consumers and entities engaged in specified activities relating to petroleum, petroleum products and natural gas and to promote competitive markets.
Aims
The vision of PNGRB is to create a vibrant energy market with rapid and orderly growth through facilitation of flow of investments into the basic infrastructure for efficient transportation and distribution of petroleum, petroleum products and natural gas at minimum cost and high level of protection of consumer interests through fair trade practices and competition amongst the entities so as to ensure the enhanced competitiveness of Indian economy and customer satisfaction.
Functions
The functions of PNGRB are as follows.
(i) to protect the interest of consumers by fostering fair trade and competition amongst the entities;
(ii) to register entities to market notified petroleum and petroleum products and, subject to the contractual obligations of the central government, natural gas; establish and operate liquefied natural gas terminals; and establish storage facilities for petroleum, petroleum products or natural gas exceeding such capacity as may be specified by regulations;
(iii) to authorise entities to lay, build, operate or expand a common carrier or contract carrier; and lay, build, operate or expand city or local natural gas distribution network;
(iv) to declare pipelines as common carrier or contract carrier;
(v) to regulate the access to common carrier or contract carrier so as to ensure fair trade and competition amongst entities and for that purpose specify pipeline access code; transportation rates for common carrier or contract carrier; and access to city or local natural gas distribution network so as to ensure fair trade and competition amongst entities as per pipeline access code;
(vi) in respect of notified petroleum, petroleum products and natural gas it acts to ensure adequate availability; ensure display of information about the maximum retail prices fixed by the entity for consumers at retail outlets; monitor prices and take corrective measures to prevent restrictive trade practice by the entities; secure equitable distribution for petroleum and petroleum products; provide, by regulations, and enforce, retail service obligations for retail outlets and marketing service obligations for entities; and monitor transportation rates and take corrective action to prevent restrictive trade practice by the entities;
(vii) to levy fees and other charges as determined by regulations;
(viii) to maintain a data bank of information on activities relating to petroleum, petroleum products and natural gas;
(ix) to lay down the technical standards and specifications including safety standards in activities relating to petroleum, petroleum products and natural gas, including the construction and operation of pipeline and infrastructure projects related to downstream petroleum and natural gas sector;
(x) to perform such other functions as may be entrusted to it by the central government to carry out the provisions of this act;
(xi) to determining marketing margin.
Powers
The PNGRB has jurisdiction to—(i) adjudicate upon and decide any dispute or matter arising amongst entities or between an entity and any other person on issues relating to refining, processing, storage, transportation, distribution, marketing and sale of petroleum, petroleum products and natural gas; and (ii) receive any complaint from any person and conduct any inquiry and investigation connected with the activities relating to petroleum, petroleum products and natural gas.
Directorate General of Civil Aviation
The Directorate General of Civil Aviation (DGCA) is the Indian governmental regulatory body for civil aviation under the Ministry of Civil Aviation. This directorate investigates aviation accidents and incidents. It is headquartered in New Delhi. Vision of the directorate is to endeavour to promote safe and efficient air transportation through regulation and proactive safety oversight system.
The directorate has the following functions—
(i) Registration of civil aircraft.
(ii) Formulation of standards of air-worthiness for civil aircraft registered in India and grant of certificates of airworthiness to such aircraft.
(iii) Licensing of pilots, aircraft main-tenance engineers and flight engineers, and conducting examinations and checks for that purpose;
(iv) Licensing of air traffic controllers.
(v) Certification of aerodromes and CNS/ATM facilities.
(vi) Maintaining a check on the proficiency of flight crew, and also of other operational personnel such as flight dispatchers and cabin crew.
(vii) Granting of air operator’s certificates to Indian carriers and regulation of air transport services operating to/from/within/over India by Indian and foreign operators, including clearance of scheduled and non-scheduled flights of such operators.
(viii) Conducting investigation into incidents and serious incidents involving aircraft upto 2250 kg AUW and taking accident prevention measures including formulation of implementation of safety aviation management programmes.
(ix) Carrying out amendments to the aircraft act, the aircraft rules and the civil aviation requirements for complying with the amendments to International Civil Aviation Organisation (ICAO), and initiating proposals for amendment to any other act or for passing a new act in order to give effect to an international convention or amendment to an existing convention.
(x) Coordination of ICAO matters with all agencies and sending replies to state letters, and taking all necessary action arising out of the Universal Safety Oversight Audit Programme (USOAP) of ICAO.
(xi) Supervision of the institutes/clubs/schools engaged in flying training including simulator training, AME training or any other training related with aviation, with a view to ensuring a high quality of training.
(xii) Granting approval to aircraft maintenance, repair and manufacturing organisations and their continued oversight.
(xiii) To act as a nodal agency for implementing certain ICAO provisions in India and for coordinating matters relating to facilitation at Indian airports including holding meetings of the National Facilitation Committee.
(xiv) Rendering advice to the government on matters relating to air transport including bilateral air services agreements, on ICAO matters and generally on all technical matters relating to civil aviation, and to act as an overall regulatory and developmental body for civil aviation in the country.
(xv) Coordination at national level for flexi-use of air space by civil and military air traffic agencies and interaction with ICAO for provision of more air routes for civil use through Indian air space.
(xvi) Keeping a check on aircraft noise and engine emissions in accordance with ICAO provisions and collaborating with the environmental authorities in this matter, if required.
(xvii) Promoting indigenous design and manufacture of aircraft and aircraft components by acting as a catalytic agent.
(xviii) Approving training programmes of operators for carriage of dangerous goods, issuing authorisations for carriage of dangerous goods, etc.
(xix) Safety oversight of all entities approved/ certified/ licensed under the Aircraft Rules, 1937.
Airport Economic Regulatory Authority
Airport Economic Regulatory Authority (AERA), a statutory body, was established in May 2009 by the Government of India. The authority consists of a chairperson and two other members to be appointed by the central government. The chairperson and members are to be persons of ability and integrity having adequate knowledge of, and professional experience in, aviation, economics, law, commerce or consumer affairs.
Functions
The statutory functions of the AERA as enshrined in the Airports Economic Regulatory Authority of India Act, 2008 are:
(a) To determine the tariff for the aeronautical services taking into consideration
(i) the capital expenditure incurred and timely investment in improvement of airport facilities;
(ii) the service provided, its quality and other relevant factors;
(iii) the cost for improving efficiency;
(iv) economic and viable operation of major airports;
(v) revenue received from services other than the aeronautical services;
(vi) the concession offered by the central government in any agreement or memorandum of understanding or otherwise; and
(vii) any other factor which may be relevant for the purposes of the act.
(b) To determine the amount of the development fees in respect of major airports.
(c) To determine the amount of the passengers service fee levied under rule 88 of the Aircraft Rules, 1937 made under the Aircraft Act, 1934.
(d) To monitor the set performance standards relating to quality, continuity and reliability of service as may be specified by the central government or any authority authorised by it in this behalf.
(e) To call for such information as may be necessary to determine the tariff.
(f) To perform such other functions relating to tariff, as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act.
Airports Economic Regulatory Authority Appellate Tribunal
The Airport Economic Regulatory Authority Appellate Tribunal (AERAAT), a statutory quasi-judicial body, was established under the Airport Economic Regulatory Authority of India Act, 2008 to adjudicate any dispute between two or more service providers, between a service provider and a group of consumers and to hear and dispose appeals against any direction/ decision/order of the AERA.
The appellate tribunal consists of a chairperson and not more than two members to be appointed by the central government. The chairperson or a member holding a post as such in any other tribunal, established under any law for the time being in force, in addition to his being the chairperson or a member of that tribunal, may be appointed us the chairperson or a member, as the case may be, of the appellate tribunal.
The appellate tribunal, after giving the parties to the dispute or the appeal an opportunity of being heard, may pass such orders as it may think fit. Any person who fails to comply with the appellate tribunal is punishable with fine and in the case of continued contravention with additional fines. The appeals against the orders of the tribunal lie before the Supreme Court. No civil court shall have the jurisdiction to entertain any suit or proceedings in respect of any matter which the appellate tribunal is empowered by or under the act and no injunction shall be granted by any court or other authority in respect of any action taken in pursuance of any power conferred under the act.
Airport Authority of India
Airports Authority of India (AAI), a statutory body, was constituted by an act of Parliament and came into being on April 1, 1995 by merging the erstwhile National Airports Authority and International Airports Authority of India. It bears the responsibility of creating, upgrading, maintaining and managing civil aviation infrastructure both on the ground and air space in the country.
The board of the AAI is constituted of chairman, director general of civil aviation, additional secretary and financial advisor and four whole-time members.
Functions
The functions of AAI are as follows:
(i) Design, development, operation and maintenance of international and domestic airports and civil enclaves.
(ii) Control and management of the Indian airspace extending beyond the territorial limits of the country, as accepted by ICAO.
(iii) Construction, modification and management of passenger terminals.
(iv) Development and management of cargo terminals at international and domestic airports.
(v) Provision of passenger facilities and information system at the passenger terminals at airports.
(vi) Expansion and strengthening of operation area, viz., runways, aprons, taxiway, etc.
(vii) Provision of visual aids.
(viii) Provision of communication and navigation aids.
As of 2012, the AAI managed 125 airports, which included 11 international airport, 8 customs airports, 81 domestic airports and 27 civil enclaves at defense airfields. AAI provides air navigation services over 2.8 million square nautical miles of air space.
Inland Waterways Authority of India
The Inland Waterways Authority of India (IWAI), a statutory regulatory body, came into existence on October 27, 1986 under the IWAI Act, 1985 for development and regulation of inland waterways for shipping and navigation. It primarily undertakes projects for development and maintenance of infra-structure on national waterways through grants received from the Ministry of Shipping. It is a statutory body having headquarters at NOIDA (Uttar Pradesh).
Composition
The IWAI is constituted of a chairman, a vice-chairman and such number of persons, not exceeding five, to be appointed by the central government.
Functions
The functions of the IWAI regarding national waterways are related to survey; navigation, infrastructure and regulations; fairway development; pilotage; and coordination of inland waterway transport with other modes.
The general functions of the IWAI are to advise the central government; carry out hydrographic surveys; assist state governments; develop consultancy services; research and development; classification of waterways; and standards and safety.
Telecom Regulatory Authority of India
The Telecom Regulatory Authority of India (TRAI), a statutory body, was established with effect from February 20, 1997 by an act of Parliament, the Telecom Regulatory Authority of India Act, 1997, to regulate telecom services, including fixation/revision of tariffs for telecom services.
The act was amended by the Telecom Regulatory Authority of India (Amendment) Act, 2000 to remove certain difficulties that had arisen in the implementation of the act. The desired objectives of bringing about functional clarity, strengthening the regulatory framework and the disputes settlement mechanism were attained by bringing about a clear distinction between the recommen-datory and regulatory functions of Telecom Regulatory Authority of India (TRAI) by making it mandatory for government to seek recommendations of TRAI in respect of specified matters and by the setting up of a separate dispute settlement mechanism, etc.
Objectives
TRAI’s mission is to create and nurture conditions for growth of telecommunications in the country in a manner and at a pace which will enable India to play a leading role in the global information society. One of the main objectives of TRAI is to provide a fair and transparent policy environment which promotes a level playing field and facilitates fair competition.
Composition
The authority consists of a chairperson, and not less than two, but not exceeding six members, to be appointed by the central government. The chairperson must be a person who is or has been a judge of the Supreme Court or who is or has been chief justice of a high court. A member shall be a person who has special knowledge of or any professional experience, in telecommunication, industry, finance, accountancy, law, management and consumer affairs.
Functions
The functions of the TRAI are to
(i) recommend the need and timing for introduction of new service provider;
(ii) recommend the terms and conditions of licence to a service provider;
(iii) ensure technical compatibility and effective inter-connection between different service providers;
(iv) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommuni-cation services;
(v) ensure compliance of terms and conditions of licence;
(vi) recommend revocation of licence for non-compliance of terms and conditions of licence;
(vii) lay down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers;
(viii) facilitate competition and promote efficiency in the operation of telecommuni-cation services so as to facilitate growth in such services;
(ix) protect the interest of the consumers of telecommunication service;
(x) monitor the quality of service and conduct the periodical survey of such provided by the service providers;
(xi) inspect the equipment used in the network and recommend the type of equipment to be used by the service providers;
(xii) maintain a register of interconnect agreements and of all such other matters as may be provided in the regulations; and keep the register open for inspection to any member of public on payment of such fee and compliance of such other requirements as may be provided in the regulations;
(xiii) settle disputes between service providers;
(xiv) render advice to the central government in the matters relating to the development of telecommunication technology and any other matter reliable to telecommunication industry in general;
(xv) levy fees and other charges at such rates and in respect of such services as may be determined by regulations;
(xvi) ensure effective compliance of universal service obligations; and
(xvii)perform such other functions including such administrative and financial functions as may be entrusted to it by the central government.
Telecom Disputes Settlement and Appellate Tribunal
The TRAI Act 1997 was amended by an ordinance, effective from 24 January 2000, establishing a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI. TDSAT, a statutory quasi-judicial body, was set up to adjudicate any dispute between a licensor and a licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any direction, decision or order of TRAI. The aim is to protect the interests of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the telecom sector.
The appellate tribunal consists of a chairperson and not more than two members to be appointed, by notification, by the central government.
The appellate tribunal is not bounded by the procedure laid down by the Code of Civil Procedure 1908, but is guided by the principles of natural justice and has the powers to regulate its own procedure. The tribunal, for the purposes of discharging its functions, has the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit including the power of dismissing an application for default or deciding it, ex parte; setting aside any order of dismissal of any application for default or any order passed by it, ex parte; and any other matter which may be prescribed.
Railway Claims Tribunal
The Railway Claims Tribunal Act, 1987 provides for the establishment of a Railway Claims Tribunal, a statutory quasi-judicial body, for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents or untoward incidents and for matters connected therewith or incidental thereto.
The claims tribunal consists of a chairman, four vice-chairman and such number of judicial members and technical members as the central government may deem fit.
The tribunal for the purposes of discharging its functions acts as a civil court in respect of the following matters.
(i) summoning and enforcing the attendance of any person and examining him on oath;
(ii) requiring the discovery and production of documents;
(iii) receiving evidence on affidavits;
(iv) issuing commissions for the examination of witnesses or documents;
(v) reviewing its decisions;
(vi) dismissing an application for default or deciding it ex parte;
(vii) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
(viii) any other matter which may be prescribed.
Commission of Railway Safety
The Commission of Railway Safety is a high level statutory body charged with the duties connected with the safety of railway operation as required under the Railways Act 1989.
Composition
The commission is headed by a Chief Commissioner of Railway Safety (CCRS), at Lucknow, who also acts as principal technical advisor to the central government in all matters pertaining to railway safety. Working under the administrative control of CCRS are nine commissioners of railway safety (CRS), each one exercising jurisdiction over one or more of the 16 zonal railways. In addition, Metro Railway/Kolkata, DMRc/Delhi, MRTP/Chennai and Konkan Railway also fall under their jurisdiction. There are five deputy commissioners of railway safety posted at the headquarters at Lucknow for assisting the CCRS as and when required. In addition, there are two field deputy commissioners, one each in Mumbai and Kolkata, to assist the Commissioners of Railway Safety in matters concerning the signalling and telecommuni-cation disciplines.
Functions
The commission deals with matters pertaining to safety of rail travel and train operation and is charged with certain statutory functions as laid down in the Railways Act, 1989, which are of an inspectorial, investigatory and advisory nature. The commission functions according to certain rules, viz., statutory investigation into accidents rules framed under the Railways Act and executive instructions issued from time to time. The most important duties of the commission is to ensure that any new railway line to be opened for passenger traffic should conform to the standards and specifications prescribed by the ministry of railways and the new line is safe in all respects for carrying of passenger traffic. This is also applicable to other works such as gauge conversion, doubling of lines and electrification of existing lines. The commission also conducts statutory inquiries into serious train accidents occurring on the Indian railways and makes recommendations for improving safety on the railways in India.
National Highways Authority of India
The National Highways Authority of India (NHAI), a statutory body, was constituted by the National Highways Authority of India Act, 1988. It is responsible for the development, maintenance and management of national highways entrusted to it and for matters connected or incidental thereto. The authority was operationalised from February, 1995 with the appointment of full time chairman and other members.
The vision of the NHAI is to meet the nation’s need for the provision and maintenance of national highways network to global standards and to meet users’ expectations in the most time-bound and cost- effective manner, within the strategic policy framework set by the Government of India and thus promote economic well being and quality of life of the people.
Composition
The authority is constituted of a chairman, not more than five full-time members and not more than four part-time members.
Functions
The NHAI is mandated to implement National Highways Development Project (NHDP) which is India’s largest ever highways project to build world class roads with uninterrupted traffic flow. The Government of India has launched major initiatives to upgrade and strengthen national highways through various phases of NHDP.
The functions of the NHAI are as follows—
(i) survey, develop, maintain and manage highways vested in, or entrusted to, it;
(ii) construct offices or workshops and establish and maintain hotels, motes, restaurants and rest-rooms at or near the highways vested in, or entrusted to, it;
(iii) construct residential buildings and townships for its employees;
(iv) regulate and control the plying of vehicles on the develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development, maintenance and management of highways or any facilities thereat;
(v) provide such facilities and amenities for the users of the highways vested in, or entrusted to, it as are, in the opinion the authority, necessary for the smooth flow of traffic on such highways;
(vi) form one or more companies under the Companies Act,1956 to further the efficient discharge of the functions imposed on it;
(vii) engage, or entrust any of its functions to, any corporation or body corporate owned or controlled by the government;
(viii) advise the central government on matters relating to highways;
(ix) assist, on such terms and conditions as may be mutually agreed upon, any state government in the formulation and implementation of schemes for highway development;
(x) collect fees on behalf of the central government for services or benefits rendered; and
(xi) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it.
Khadi and Village Industries Commission
The Khadi and Village Industries Commission (KVIC) is a statutory body formed by the Government of India, under the Khadi and Village Industries Commission Act of 1956 enacted by Parliament.
Composition
The commission consists of the following members appointed by the central government, namely: six non-official members having specialised knowledge and not less than ten years of experience of khadi or village industries] and representing such six geographical zones of the country, as may be prescribed; four non-official members of whom one member has expert knowledge and experience in science and technology; one member has expert knowledge and experience in marketing; one member has expert knowledge and experience in rural development; and one member has expert knowledge and experience in technical education and training.
Objective
The commission has three main objectives which guide its functioning. These are the social objective—providing employment in rural areas; the economic objective—providing salable articles; and the wider objective—creating self-reliance amongst people and building up a strong rural community spirit.
The commission seeks to achieve these objectives by implementing and monitoring various schemes and programmes.
Functions
The KVIC is charged with the planning, promotion, organisation and implementation of programmes for the development of khadi and other village industries in the rural areas in coordination with other agencies engaged in rural development wherever necessary.
Its functions also comprise building up of a reserve of raw materials and implements for supply to producers, creation of common service facilities for processing of raw materials as semi-finished goods and provisions of facilities for marketing of KVI products apart from organisation of training of artisans engaged in these industries and encourage-ment of co-operative efforts amongst them. To promote the sale and marketing of khadi and/or products of village industries or handicrafts, the KVIC may forge linkages with established marketing agencies wherever feasible and necessary.
The KVIC is also charged with the responsibility of encouraging and promoting research in the production techniques and equipment employed in the khadi and village industries sector and providing facilities for the study of the problems relating to it, including the use of non-conventional energy and electric power with a view to increasing productivity, eliminating drudgery and otherwise enhancing their competitive capacity and arranging for dissemination of salient results obtained from such research.
Further, the KVIC is entrusted with the task of providing financial assistance to institutions and individuals for development and operation of khadi and village industries and guiding them through supply of designs, prototypes and other technical information.
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