Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003 Published vide Notification No. 1/CBRIJSERC , dated 9th Ju

1 · Short title, Commencement and object: (1) These Regulations may be called the Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003.' (2) 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 ordersldirections of the Commission by the respective stakeholders. (3) They shall come into force on the date of their publication in the Jharkhand Government Gazette . (4) They extend to the entire State of Jharkhand: 2. Definition: (1) In these Regulations, unless the context otherwise requires;

11 · Proceedings before the Commission. (1) The Commission may from time to time hold such proceedings, as it may consider appropriate in the discharge of its functions under the Act: The Commission may appoint an officer or any other person whom the Commission considers appropriate to represent the matter as Commission's representative in the proceedings: (2) AIl matters which the Commission is required under the Act to undertake and discharge through hearings of the affected parties and such other matter as the Commission may consider appropriate shall be done through proceedings: (3) AIl other matters may be decided by the Commission administratively through the meeting of the Chairman and Members or by such other officers or persons to whom the powers and functions have been delegated. [(4) AIl questions which come up before any meeting of the Appropriate Commission shall be decided by a majority of votes of the Members present and voting and in the event of an equality of votes, the Chairperson or in his absence, the person presiding shall have a second or second casting vote.] 12. Quorum: For all initial procedural issues, the quorum may be one member: Except for initial procedural issues like notices, filing of copies and documents, the quorum of the Commission shall be two among the three members: 13. Conduct of proceedings in the absence of Chairman: The Chairman shall normally preside over the meetings/proceedings of the Commission. If he is unable to attend the meetingslproceedings of the Commission, any other member nominated by the Chairman In this behalf and in the absence of such nomination or where there is no Chairman; any member chosen by the members present from among themselves shall preside at the meeting/proceeding:

14 · Decision through majority of votes: [x xxxx] 15. Authority to represent: A person may authorise an advocate or a member of any recognised professional body as the Commission may from time to time specify, to represent him and act and plead on his behalf before the Commission. The person may appear himself or may authorise any of his employees or an agent to appear before the Commission and to act and plead on his behalf: The Commission may, from time to time, specify the terms and conditions subject to which a person may authorise any other person to represent him and act and plead on his behalf: 16. Initiation of proceedings (1) The Commission may initiate any proceedings suo motu or a petition filed any affected or interested person: (2) When the Commission initiates the proceedings; it shall be by a due notice issued by the Commission: The Commission may give such orders and directions as may be deemed necessary, for serving of notices to the affected parties, for the filing of replies and rejoinders against or in support of the petition in such form as the Commission may direct: The Commission may, if it considers appropriate, issue orders for publication of the petition inviting comments from the public or any class of persons on the issue involved in the proceedings in such form as the Commission may direct. (3) While issuing the notice or inquiry the Commission may, in suo motu proceedings and other appropriate cases, designate an officer of the Commission or any other person whom the Commission considers appropriate to present the matter in the capacity of a petitioner in the case. 17 . Petitions and pleadings before the Commission: All petitions to be filed before the Commission shall be typewritten or printed neatly and legibly on one side of white paper and every page shall be consecutively numbered: The contents of the petition shall be divided appropriately into separate paragraphs, which shall be numbered serially. The petition shall be accompanied by such authenticated documents, listed serially and marked as Annexure alphabetically in capital letters along with supporting data and statements. 18. General Headings: The general heading in all petitions before the Commission shall be in Form (Annexure-1). 19. Affidavit in support: (1) Petitions or objections or counters filed shall be verified by an affidavit and every such affidavit shall be in Form 2 (Annexure-2): (2) Every affidavit shall be drawn up in the first person and shall state the full name, age, occupation and address of the deponent and the capacity in which he is signing and shall be signed and sworn before a person lawfully authorised to take and receive affidavits: (3) Every affidavit shall clearly and separately indicate statements that are true to the

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. (2) The Commission may nominate from time to time any person including; but not limited to the officers and consultants to visit any place or places for inspection and report on the existence or status of the place or any facilities therein: (3) The Commission, if it thinks fit, may direct the parties to appear before the persons designated in clause (1) or (2) above to present their respective views on the issues or matters referred to. (4) The report or the opinion received from such person shall form a part of the record of the case and the parties shall be given the copies of the report or opinion given by the person designated by the Commission. The parties shall be entitled to file their version either in support or in opposition to the report or the opinion: (5) The Commission shall duly take into account the report or the opinion given by the person and the reply filed by the parties while deciding the matter and if considered necessary, the Commission shall examine the person giving the report or the opinion The Commission shall however not be bound by the report or the opinion given as conclusive. 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: (2) Where a petition is dismissed in default or decided ex-parte, the person aggrieved may file an application within 30 (thirty) days from the date of such dismissal or being proceeded ex-parte, as the case may be, for recall of the order passed, and the Commission may recall the order on such terms as it thinks fit, if the Commission is satisfied that there was sufficient cause for the non-appearance when the petition was called for hearing: 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 liquidationlwinding up, the proceedings shall continue with the successors-in-interest; the executor, administrator; receiver liquidator or other legal representative of the party concerned:

40 · The Commission may make such order or orders as it thinks fit; for collection of information; enquiry, investigation, entry, search, seizure and without prejudice to the generality of its powers in regard to the following;

41 · Notice of Inquiry: In connection with the discharge of the functions under the Act and Regulations thereof;, the Commission may if it thinks fit; direct a notice of inquiry to be issued and proceed with the matter in a manner provided under Chapter Il of these Regulations: 42. Assistance of experts: (1) The Commission may at any time take the assistance of any institution, consultants, experts, engineers, chartered accountants, advocates, surveyors and such other technical and professional persons, as it may, consider necessary, and ask them to study; investigate; inquire into any matter or issue and submit report or reports or furnish any information: The Commission may determine the terms and conditions for engagement of such professionals: (2) If the report or information obtained in terms of the above Regulations or any part thereof is proposed to be relied upon by the Commission forming its opinion or view in any proceedings, the parties in the proceedings shall be given a reasonable opportunity for filing objections and making submissions on the report or information:

43 · Review of the decisions; directions and orders. (1) The Commission may on its own or on the application of any of the persons or parties concerned within 30 days of the making of any decision, direction or order, review such decision; directions or orders which has errors apparent on record or if substantial issues or precedents have not been considered at the time of hearing and for such reason the Commission may deem fit. (2) An application for such review shall be filed in the same manner as a petition under Chapter II of these Regulations: 44. Appeal to Appellate Tribunal for Electricity in certain cases (1) Any person aggrieved by any decision or order of the Commission may file an appeal to the Appellate Tribunal for Electricity: (2) Except as aforesaid, no appeal or revision shall lie to any Court from any decision or order of the Commission. (3) Every appeal under this Section shall be preferred within sixty days from the date of communication of the decision or order of the Commission to the persons aggrieved by the said decision or order provided that Appellate Tribunal for Electricity may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days: 45. Recognition for Consumer Associations: (1_ It shall be open to the Commission to permit any Registered Association/Forum or other bodies, corporate or any group of consumers to participate in any proceedings before the Commission: (2) It shall be open to the Commission for the sake of timely completion of proceeding; to direct grouping of the associationslforums, referred to above so that they can make collective affidavits. (3) The Commission may as and when considered appropriate notify a procedure for recognition of associations, group, forum or bodies corporate as registered consumer association for purposes of representation before the Commission. (4) The Commission may appoint any officer or any other person to represent the interest of the consumer in general or any class or classes of consumers as the Commission may consider appropriate_ (5) The Commission may direct payment to the officer or person appointed to represent the consumers interest such fees, costs and expense by such of the parties in the proceedings as the Commission may consider appropriate: 46. Inspection of Commission's records and confidentiality: (1) Records of the Commission, except those parts which for reasons specified by the Commission are, confidential or privileged shall be open to Inspection by all. subject to the payment of fee and complying with the terms as the Commission may direct: (2) The Commission may; on such terms and conditions as the Commission considers appropriate provide for supply of the certified copies of the documents and papers available with the Commission to any person: (3) The Commission may by order; direct that any information, documents, other papers and materials in the possession of the Commission or any of its officers; consultants, which are required by law or for other reasons specified to be kept confidential or privileged, shall not be available for inspection or supply of copies, and the Commission

1 · Iam a Director/Secretary of Ltd. the petitioner in the above matter and am duly authorised by the said petitioner to make this affidavit on its behalf.

2 · solemnly affirm at on this day of that