Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003

7791f85493668ca87d1aad0e479c5839ebc5cab7 · 2003 · State unknown

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Parent: THE ELECTRICITY ACT, 2003 (bea677da57499fcb64c52f6584daa7b9a09b875c)

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Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003 Published vide Notification No. 1/CBR/JSERC, dated 9th July, 2003, Jharkhand Gazette (extra-ordinary) dated 10.7.2003 jhr181 Notification No. 1/CBR/JSERC, dated 9th July, 2003. - In exercise of the powers conferred on it by Section 181 of Electricity Act, 2003 and all powers enabling It In that behalf, the Jharkhand Electricity Regulatory Commission hereby make the following Regulations. Chapter I General Short title, Commencement and object. - (1) These Regulations may be called the "Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003." The object of these Regulations are: (a) to establish procedures for conducting proceeding by the Commission in discharge of its functions and (b) to establish procedures for compliance of the orders/directions of the Commission by the respective stakeholders. They shall come into force on the date of their publication in the Jharkhand Government Gazette. They extend to the entire State of Jharkhand. Definition. -(1) In these Regulations, unless the context otherwise requires; (a) 'Act' means the Electricity Act, 2003. (b) 'Commission' means the Jharkhand Electricity Regulatory Commission. (c) ' Chairman' means the Chairman of the Jharkhand Electricity Regulatory Commission. (d) 'Member' means Member of the Jharkhand Electricity Regulatory Commission. (e) 'Secretary' means the secretary of the Jharkhand Electricity Regulatory Commission. (f) 'Officer' means an officer of the Commission. (g) 'Petition' means and includes all petitions, applications, complaints, appeals, replies, rejoinders, supplemental pleadings, other papers and documents filed before the Commission. (h) 'Proceedings' shall mean and include proceedings of all

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24 · Hearing of the matter. - (1) The Commission may determine the stages, manner, the place, the date and the time of the hearing of the matter as considered appropriate. (2) The Commission may decide the matter on the pleadings of parties or may call for evidence from the parties by way of affidavit or lead oral evidence in the matter. (3) If the Commission directs evidence of a party to be led by way of affidavit, or oral submission, the Commission may, if considered to be necessary, or expedient, grant an opportunity to the other party to cross-examine the persons giving the evidence. (4) The Commission may, if considered necessary or expedient, direct that the evidence of any of the parties be recorded by an officer or person designated for the purpose by the Commission. (5) The Commission may permit such person or persons including associations, forums and bodies corporate as it may consider appropriate to participate in the proceedings before the Commission, if the Commission considers that the participation of such person or persons will facilitate the proceedings and the decision in the matter. (6) The Commission may direct the parties to file written note of arguments or submissions in the matter. 25. Powers of the Commission to call for further information, evidence etc. - The Commission shall for the purposes of any inquiry or proceedings, have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 for the following matters: (1) Summoning and enforcing of attendance of any witness and examining on oath. For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Commission shall be the limits of the territory of India. (2) The discovery and production of any document or other material object producible as evidence. Every person to whom a notice may be issued shall furnish such information, details, books, accounts and other documents as may be specified in such notice by the Commission. (3) Receiving evidence on affidavits. information in the custody or control of any person, which the Commission considers

26 · Power of seizure. -The Commission or any other designated officer, specially authorised in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of Section 100 of the Code of Criminal Procedure 1973, in so far as it may be applicable.

27 · Reference of issues to others. -(1) At any stage of the proceedings the Commission shall be entitled to refer such issue or issues in the matter as it considers appropriate to persons including but not limited to, the officers and consultants of the Commission whom the Commission considers as qualified to give expert or specialised advice or opinion.

28 · Procedure to be followed where any party does not appear. - (1) Where, on the date fixed for hearing or any other date to which such hearing may be adjourned, any of the party or his authorised agent or representative does not appear when the matter is called for hearing, the Commission may, in its discretion, either dismiss the petition for default when the petitioner or the person who moves the Commission for hearing is absent or proceed ex-parte against the party failing to appear and hear and decide the petition.

29 · Continuance of proceedings after death etc. - (1) Where in any proceedings, any of the parties to the proceedings dies or is adjudicated as an insolvent or in the case of a company under liquidation/winding up, the proceedings shall continue with the successors-in -interest, the executor, administrator, receiver liquidator or other legal representative of the party concerned.