PART – III
       
PROCEEDINGS, POWERS AND FUNCTIONS OF THE COMMISSION
  

Proceedings of the Commission. 9.

(1)

The headquarters of the Commission shall be at Delhi.
(2)

The Commission may, by notification in the official Gazette, make regulations not inconsistent with this Ordinance and the rules made thereunder for discharging its functions.

(3)

All decisions of the Commission shall be on the basis of majority of the members present and voting. In case of a difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the opinion of the Commission shall be expressed in terms of the views of the majority. Each member of the Commission shall have one vote only. The Chairperson shall have no casting or second vote.

(4)

If there are more than one member in the Commission, the quorum for any meeting of the Commission shall be two members:

Provided that for a meeting of the Commission to review any previous decision taken by the Commission or for consideration of any issue which could not be decided on account of equality of votes in favour of and against the resolution proposed, the quorum for the meeting shall be all members present.

(5)
  1. The Chairperson may instruct the Secretary to call a meeting of the Commission to be held at such time as the Chairperson may direct.

  2. Any member of the Commission may, subject to the consent of the Chairperson, requisition a meting of the Commission at any time by sending a notice in writing to the other members with a copy to the Secretary.

(6)

The Commission shall be entitled to decide urgent matters by circulation of the papers to members.

(7)

All decisions, directions and orders of the Commission shall be in writing and shall be supported by reasons. The decisions directions and orders of the Commission shall be available for inspection by any person and copies of the same shall also be made available in such a manner as the Commission may prescribe.

Powers of the Commission.
(Central Act 5 of 1908)
10. (1)

The Commission shall, for the purposes of any inquiry or proceedings under this Ordinance have the powers as are vested in a Civil Court under the Code of Civil Procedures, 1908, while trying a suit in respect of the following matters, namely :-

  1. the summoning and enforcing of attendance of any witness and examining on oath;

  2. the discovery and production of any document or other material object producible as evidence;

  3. the reception of evidence on affidavit;

  4. the requisition of any public record from any court or office;

  5. the issue of commission for examination of witnesses;

  6. the appearance of parties and consequences of non-appearance;

  7. the grant of adjournments at the hearing; and

  8. any other matter which may be prescribed.
(Central Act 1 of 1956) (2) The Commission shall have the power to require any person –
  1. to produce before it and allowed to be examined and kept by an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so required as may be specified or described in the requisition, being documents relating to any matter concerning the generation, transmission, distribution and supply or use of electricity, the functioning of any undertaking involved in the above areas and other matters, the examination of which the Commission considers is necessary or relevant for the purposes of this Ordinance or for the discharge of the functions of the Commission under this Ordinance; and

  2. to furnish to an officer so specified, such information as may be required for the purposes of this Ordinance or such other information as may be in his possession in relation to any activity carried on by any other person.

(3)

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.

(4)

The Commission shall have the powers to make such interim orders in any proceedings,or hearing before the Commission as the Commission considers appropriate.

(5)

Where, during any inquiry or proceedings under this Ordinance, the Commission has any grounds to believe that any books or papers or documents of, or relating to, any unit or person in relation to which such inquiry is being made or proceeding relates which the owner of such unit or person may be required to produce in such inquiry or proceeding, are being, or may be, destroyed, mutilated, altered, falsified or secreted, it may, by a written order, authorize any officer of the Commission to exercise the powers of entry, search and seizure as may be exercised by an inspector appointed for inspection under sections 240 and 240-A of the Companies Act, 1956.

(6)

Notwithstanding anything contained in any other law for the time being in force, the Commission may, by a general or special order, call upon any person including the generating companies or the licensees to furnish to the Commission periodically or as and when required any information concerned with the activities carried on by such person related to generation, transmission, distribution and supply or use of electricity, the connection between such person and any other person or undertaking including such other information related to the organization, business, cost of production, conducts, etc. as may be prescribed to enable the Commission to carry out its functions under this Ordinance.

(7)

In the discharge of its functions, the Commission shall be entitled to and shall consult to the extent the Commission considers appropriate from time to time such person or group of persons as may be affected or are likely to be affected by the decisions of the Commission.

(8)

The Commission may, at any time, call for and examine, information, details, books, accounts and other documents from any person including a generating company or a licensee for the purposes of providing the same to the Central Electricity Authority, the Central Electricity Regulatory Commission, the Central Government or the Government if so required by them under any law for the time being in force.

(9)

Every person to whom notices may be issued under this Ordinance shall be obliged to duly, faithfully and expeditiously furnish such information, details, books, accounts and other documents, as may be specified in the notice by the Commission..

(Central Act 9 of 1910)
(Central Act 13 of 1985)
(10)

Notwithstanding anything contained in sections 12 to 16 (both inclusive) and sections 18 and 19 of the Indian Electricity Act, 1910, for the placing of the electric supply lines, appliance and apparatus for transmission, distribution and supply of energy, the Commission may, by order in writing, confer upon licensees or any other person engaged in the business of transmission, distribution or supply of energy to the public under this Ordinance, subject to such conditions and restrictions as the Commission may prescribe, any of the powers which the telegraph authority possesses under the Indian Telegraph Act 1985 with respect to placing of telegraph lines and post.

Functions of the Commission. 11. (1) The Commission shall discharge the following functions, namely :-
  1. to determine the tariff for electricity, wholesale, bulk, grid or retail, as the case may be ;

  2. to determine the tariff payable for the use of the transmission facilities;

  3. to regulate power purchase and procurement process of the licensees and transmission utilities including the price at which the power shall be procured from the generating companies, generating stations or from other sources for transmission, sale, distribution and supply in the National Capital Territory of Delhi;

  4. to promote competition, efficiency and economy in the activities of the electricity industry to achieve the objects and purposes of this Ordinance;

  5. to aid and advise the Government in matters concerning electricity generation, transmission, distribution and supply in the National Capital Territory of Delhi;

  6. to regulate the operation of the power system within the National Capital Territory of Delhi;

  7. to set standards for the electricity industry in the National Capital Territory of Delhi including standards related to quality, continuity and reliability of service;

  8. to promote competitiveness and make avenues for participation of private sector in the electricity industry in the National Capacity Territory of Delhi and also to ensure a fair deal to the customers;

  9. to aid and advise the Government in the formulation of its power policy;

  10. to collect and publish data and forecasts on the demand for, and use of, electricity in the National Capital Territory of Delhi and to require the licensees to collect and publish such data;

  11. to regulate the assets, properties and interest in properties concerned or related to the electricity industry in the National Capital Territory of Delhi including the conditions governing entry into, and exit from the electricity industry in such manner as to safeguard the public interest;

  12. to issue licenses for transmission, bulk supply, distribution or supply of electricity and determine the conditions to be included in the licenses;

  13. to regulate the working of the licensees and other persons authorized or permitted to engage in the electricity industry in the National Capital Territory of Delhi and to promote their working in an efficient, economical and equitable manner;

  14. to require licensees to formulate prospective plans and schemes in co-ordination with others for the promotion of generation, transmission, distribution, supply and utilization of electricity, quality of service and to devise proper power purchase and procurement process;

  15. to adjudicate upon the disputes and differences between the licensees and/or transmission utilities and to refer the matter for arbitration;

  16. to aid and advise the Government on any other matter referred to the Commission by the Government.

(2)

The Commission shall always act consistent with the objectives and purposes for which the Commission has been established as an independent statutory body corporate and all acts, decisions and orders of the Commission shall be pursuant to and shall seek to achieve such objectives and purposes.
   

[Preliminary]   [Delhi Electricity Regulatory Commission]    [Reorganisation of Electricity Industry]   [Miscellaneous]    [Tariffs]
[Advisory Committee, Consumer Counsultation, Etc.]   [Arbitration and Appeals]   [Offences and Penalties]   [Powers of the Government]
[Licensing of Transmission and Supply]   [Accounts, Audit and Report of the Commission]   [Effect on Existing Central Legislation]
[Powers of Commission to Pass Orders and Enforce Decisions]   

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