No. EOG/IV/TWS/6871 The Gujarat Electricity Board, Race Cource, Baroda. Dated the 24-6-1965.

ESTABLISHMENT CIRCULAR NO. 4

Vlith a vie',v to improve the effrciency of the office rvorking be desirable that all non ';:r:hnical employees of the Board particularly those who are Senior enough to be other than accounts posts on non-technical ;onsideredfor promotion on the responsibile side shogld be well acquintedrvith the relevant Acts, Rules, G.S.Os, Board's Service Regulationsetc. on a For the guidanceof such employees, set of questions each such subjectis enclosed. This rnay be kept in ,:ach office and made available for referennce. to It would also be necessary have a set of Law Books and other publicationsin each Circle ald Division O{lice so that they can be made availableto the staff for theirreading by rotaion The Sub-i)ivision staff could also avail of these books. In case of certain publications,more than one copies could also be kept in the library. A list of such to bOoks is appended.The officers are requested bring the contents of this circularto the notice of all subordinates.

(J.vVYAS.) Secretary.

To As per G. S. O. Mailinglist.

LIST OF THE PUBLICATIONS GujaratElectricityBoard Power Delegations' Committee' Report of the Staff Standardisation RulesframedunderElectricity(Supply)Aot. 1948 Section78 framedunder Electricity(Supply) Act' 1948 Regulations Section79 The Electricity(Supply)Act. 1948. The GujaratElectricityBoard ServiceRegulations procedurein regardto recruitment variouspostsunderthe to No' 7 dated4-10-1963) Board (vide G.S.O, The Gujarat Electricity Board contributory Provident Fund Regulations. The Bombay State Electricity Board Employeesconduct and aPPeal Discipline Procedure' The Gujarat Electricity Board Annual FinancialStatement (BudgetEstimate) The Gujarat Electricity Board Conduct of Legal Affairs 1961. Regulations (procedure) The GujaratElectricityBoard utran Power station Standing Order(UnderB. I. R. Act. 1946) BombayIndustrialRelation Act. 1947 IndustrialDisPute Act. 1947 of Payment wagesAct.

QUESTIONS DRAWN UP BY THE LEGAL ADVISER

1. (l) (Z) The Electricity (suply) Act. 1948 How is central Electricity Authority constitued and what are its funetions? How Electricity Board is constituted and what are the qualifications and disqualifications of its members ? Who would sign the authenticatedorders and decisions of the Board and othe legal documents on behalf of the Board ? What is a State Electricity Consultative Council and what are is functions ? For what purpose the local advisory committee is constitued ? What is the general duty of the State Electricity Board and what are its main functions ? Can the Board supply electric energywithin the area of a licenseeand if so, what conditions should be fulfilled before such supply can be given ? Can the Board engage itself in any undertaking for the sale or purchase of any article and if so. what are these undertaking ? Is the Board authorised to give donations to any associationsand if so, to what exent and to what associations?

(3)

(4) (5) (O)

(7)

(8)

(9)

(10) What is the area of supply for the Board and what provision of the Indian Electricity Act, 1910, do nto apply to the Board as a licensee? (ll) What is the sanctionedscheme,and in what casesthe Board is required to obtain the prior approval of the State Government before making such scheme ?

(12) Wht is the procedure for preparingand implementinga sanctionedscheme? (13) What are the restrictions placed on the Estt. of new generating stations or major or additions or replacements plant in generation? (14) What are the Board's power for placing wires. poles etc. for the purpose transmitting electrical energy ? (15) What is grid tarifl and what provision should it contain ? (16) Is there any restriction on the Board to fix its terms and conditions of supply of

(17) What is a rating committee ? who can constitute it and when can it be contituted can the Board give directions and for what purpose ? Under what circumstances

to (18) Is the Boarde authoriedto issue dir'ections a licenseewho is a local authority in respect of tariff policy to be adopted by him ?and if so, what is the restriction imposed on the Board before exercisionthese powers ? (19) How is the Board financedand what are the limitations on its incurring loss or profit in the supply of eleotrical energy ? (20) How are questions arising between the State Government and the Board and a license and othe person determined ? (21) In whom the rule making power under the Act vests ? and what is the difference between Rules and Regulations ? (22) Can the Government interfere with the discharge of duties of the Board and if so to what extent ? (23) Are the employes of the Board public servants, and whether thety can be prosecuted or sued in a Court for anything done by them in the discharge of
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their duties ? (24) What is a reasonable return and what action a licensee should take before increasing its rates if the clear profit at the sxisting rates fall short of the reasonablereturn ? The Conduet of Legal Affairs (Procedure) Regulation. 1961 (1) What action is required to be taken when intimation is receivedfrom the court regarding filing of a suit against the Board ? If the Board's dues are not paid by any person , what procedureis to be followed for filing a suit in a Court for the recovery of such dues ? What action is required to be taken when the Board receivs a notice for filing a suit against it ? (4) Who are the competent officers to sanction the institution or defence of suit by or againstthe Board ? (5) What procedure is to be followed when it is reported that any consumer is committing theft of energy ? What action is required to be taken when the'Court's decision is adverse or partially adverse to the Board ? What procedure is to be followed in settlernentof decreeswhich are adverse to the Board ? (8) What procedure is to be followed when any amount is due to the Board under a decree passedby the Court ? , What action is required to be taken when it is found that any amount due the

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(2)

(3)

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I

(6)

(7)

(9)

(10) Who is competent grant legal assistance the Board's employee to to who is requiredtp institute or defence Civil or Criminalproceedings respectof acts in of doneby him in the dicharge his duties,and What would be the extentof such legal assistance ? (ll) What conditionis requiredto be laid down beforesancioning grant of legal the ? assistance the Board'semployee to

the (12) Who is competent sanction paymentof legal fees and legal charges? to m. (1) {2) (3) (4) Industrial DisputeAct Ufhat is and IndustrialDispute ? by are What elassof employees governed the IndustrialDispute Act. 1947 ? officer ? What ar the functionsof a conciliation in any change the cbnditions What an employoris requiredto do beforeeffecting of service? of can be madeto an IndustrialTribute for adjudication any Whon a reference IndustrialDigputeand by whom; of to What is voluntaryreference disputes arbitration; Has the State Governmentany power to refuse any industrial dispute to the and if so, in what cases? tribunal for adjudication, What is a public utility service? in on Whetherany pe[sonemployed suchservice-can'go strike and if so, what beforegoing on strike ? are the conditionsto be observed

-(5)

(6) (7)

(8) (9)

? (10) What is illegalstrike and what are It's consequences (ll) are and What is retrenchment what conditions requiredto be fulfilled before an from service? is employee retrenched

(I2) What action is requiredto be taken when any changein conditionsof services with such matter requiredto be madeat a time when the disputein connection proceeding ? is pending beforea concil-iation (13) Who is "protected workman"and what privilegehe enjoysunderthe Industrial DisputeAct ? (14) What is the remedyfor a workman for the recoveryof money due from his employor? (15) What are the items or mattersrelatingto conditions servicefor changeof of

(16) Can any individual employeeraise any industrial dispute before the Labour Court or the trubunal under the provisions of the Industrial Dispute act, 194'l. (17) What work's committee, and what is its duty ? I. R Act (1) What classesof workmen are governedby the provisionsof the Bombay Industrial Relations Act. 1946 ? (2) Are the provisions of this act applicableto employeesof uder-taking engaged in generation and/or distribution and/or transmissionof electrical energy and if so in what area ? (3) What sections of the Board's emploueesare at present governed by the Bombay Industrial Relations Act. 1946 ? Can an individual employee take any industrial dispute to the Labour Court or the Industrial Tribunal individually under the provisions of this Act ? How are the standing orders framed and settled under the provisions of this Act ? What is a notice of change and in respect of what conditions of service they are required to be given by the employer to the employees. What is illegal change and what remedy is provided for, to get the illegal change. What prdecure the Board should follow in a case where the union of the employeesdoes not agree to the changein conditionsof seviceproposedby the Board ? What can an award, agreementor settlementbe terminated by the parties, and what should be done for such termination ?

(4)

(5)

(6)

(7) (8)

(9)

(10) In what case the strike is illegal under the Bombay Industrial relations Act. (11) What are the powers of a Labour court under the Bombay Industrial Relations Act. (12) What is joint committee and what are its functions ? (13) What is Labour Management committee as set up by the G.E.B. How is it constituted, and what are its responsibilities?

BOARD SECTION
recod and maintenenceof confidential reports Office procedure,

SectionNo. I :

Enumerate in a tabular form the reporting officersfor confidential reports andcountersinging of each categoryof staff

SectionNo. 2 : SpctionNo. 3 :

Write a short note on maintenanceof C. Rs. State the steps that should be taken before afile is sent to record. Preparea list showing the classificationofrarious category files in the EstablishmentSection. What are the duties of a Superintendent for hisSection? Discuss the setps you would take to ensure (a) that a file is traced without any delay when required, (b) a matter pending with the field is expedited, and (c) How can you ensure that a slow clerk does not hold up important papers.

No. 4 Section

Section No. 5 :

No. Se"ption 6 ;

Section No. 7 :

What are the salient points to be kept in mind while submitting note on a reference. What are the broad principles boverning aid to staff recreation clubs ?

Sectiqn No. 8 :

COUNCIL
l. 2. 3. 4. 5. 6. 7. 8. the Who constitutes Council ? of What is the Composition the Council? of .When are the meetings the Councilto be held ? What are the functionsof the Council? ? Whetherthe CouncilMemgersget any remuneration What is the term and tenureof the Council ? on What interestsare represented the Council ? Who is the chairmanof the council and Secretaryof the Council ? What is the quorum?

9.

the 10. What is the notice period for convening meeting? by are 11. What aspects covered the rulesframedby Government in respectof the Councilunder Section78 of the Act.

LOCAL ADVISORY COMMITTEE

1. 2. 3. 4. 5, 6, 7, 8. g. the Who constitutes Local AdvosoryCommittee? ? are How rnay Committees constituted ? What are the functionsof the Committees .Whetherthe CommitteeMembersget any remuneration? Members? Whetherthereis any term and tenureof the Committee on Whether any interestsare represented the Committee? of and Secretary eachCommittee? Who is the Chairman ? What is the quorumof eachCommittee Is thpre are notice period for conveningthe meetingof the Committee?

in coveredby the rulesframedby Government 10, What aspeots'are under Section78 of the Act ? respectof the Committees