The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 49, Vol. XXXI, Naharlagun, Monday, February 12, 2024, Magha 23, 1945 (Saka)

ARUNACHAL PRADESH

STATE ELECTRICITY REGULATORY COMMISSION

ITANAGAR

—————

NOTIFICATION

The 2nd February, 2024

Arunachal Pradesh State Electricity Regulatory Commission (Conduct of Business for

Holding Inquiry by Adjudicating Officer) Regulations- 2023

No. APSERC/Notification/34/2024.—In exercise of the powers conferred by Section 27(A) of the Energy

Conservation (Amendment) Act, 2022. The Arunachal Pradesh State Electricity Regulatory Commission for

discharge of functions of Adjudicating Officer and conduct of proceedings before Adjudicating Officer hereby,

makes the Arunachal Pradesh State Electricity Regulatory Commission (Conduct of Business for Holding

Inquiry by Adjudicating Officer) Regulations, 2023, namely :

Arunachal Pradesh State Electricity Regulatory Commission (Conduct of Business for Holding

Inquiry by Adjudicating Officer) Regulations, 2024.

CHAPTER - I

PRELIMINARY

Short title extent, and commencement : (1) These Regulations may be called the Arunachal Pradesh

State Electricity Regulatory Commission (Conduct of Business for holding inquiry by Adjudicating Officer)

Regulations, 2024.

(2)

These Regulations shall extend to the whole of the State of Arunachal Pradesh.

(3)

These Regulations shall come into force on the date of their publication in the official Gazette.

Objective : The objective of these regulations is to provide provisions regarding process of adjudication

before the Adjudicating Officer appointed by the Commission under Section 27 (A) of the Energy

Conservation Act, 2001 as amended from time to time.

Definitions :

(1) In these Regulations, unless the context otherwise requires,-

(a)

“Act” means the Energy Conservation Act, 2001 (52 of 2001) ;

(b)

“Adjudicating officer” means the adjudicating officer appointed by Commission under

Section 27 (A) of the Act ;

(c)

“BEE” means Bureau of Energy Efficiency ;

(d)

“Central Government” means the Government of India ;

(e)

“Commission” means the Arunachal Pradesh State Electricity Regulatory Commission established

under the Arunachal Pradesh Act and recognized as State Commission for the State of Arunachal

Pradesh under the Electricity Act, 2003 ;

(f)

“Commission Secretary” means the Secretary of the Commission ;

(g)

“Designated Consumer” means any consumer specified under clause(e) of Section14 of Act

(h)

“Form” means form appended to these regulations ;

(i)

“Penalty” refers to penalty that the adjudicating officer is empowered to impose under the Act,

(j)

"Fund" means the State Electricity Regulatory Commission Fund constituted under Section 103 of

the Electricity Act, 2003,

(k) “Interlocutory Application”means an application filed in any petition or proceeding already instituted

before the adjudicating officer but does not include an application for review.

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(l)

“Officer” means an officer of the Commission ;

(m)

“Proceedings” means proceedings of all nature that the adjudicating officer maydecide to initiate

or hold in the discharge of its functions under the Act but any preliminary meeting or any action

done by the adjudicating officer before such initiation shall not be aproceeding for the purposes of

these regulations ;

(n)

“Receiving officer” means an officer designated by the adjudicating officer for the purpose of

receiving the petitions ;

(o)

“Designated agency” means any agency designated under clause (d) of Section 15 of the Act;

(p)

“State Government” means the Government of Arunachal Pradesh.

(2)

Words or expressions used but not defined in these Regulations shall have the same meaning

asassigned to them in the Act.

Scope : These regulations shall be applicable for holding enquiries by adjudicating officer on receiving

complaints regarding violation of provisions of Section 14 and or Section 15 of the Act in the manner as

specified in these regulations.

Adjudicating officer's office, office hours and sittings : (1) The adjudicating officer shall function from

his office at the Commission. Unless otherwise directed, the office of the adjudicating officer shall be

open daily except on Saturdays and Sundays and holidays notified by the Government of Arunachal

Pradesh from time totime.

(2)

The office of the adjudicating officer shall be as same as of Government offices may be notified by

state Government from time to time.

(3)

For public dealings, the office of the adjudicating officer shall remain open between 11 : 00 hours to

16 : 00 hours on allworking days.

(4)

Where the last day for doing of any act falls on a day on which the office of the adjudicating officer

is closed and by reason thereof, the act cannot be done on that day, it may be done on the next day

on which the office is open.

(5)

The adjudicating officer may hold sittings for hearing matters at the head quarters or at any other

place on days and time to be specified by the adjudicating officer.

Language of the proceedings before adjudicating officer : (1) The proceedings of the adjudicating

officer shall be conducted in English.

(2)

No petition, documents or other materials contained in any language other than English shall be

accepted by the adjudicating officer.

Seal of the adjudicating officer : (1) There shall be a separate seal for the adjudicating officer. The

impression of these seal shall be certified and kept on record of the adjudicating officer.

(2)

Every order or communication made, notice issued or certified copy granted by the adjudicating

officer shall be stamped with the seal of the adjudicating officer and shall be certified by Commission

Secretary or an Officer of the Commission designated for the purpose.

Officers of the Commission : (1) The Commission may delegate to its officers such functions including

the function to be exercised by the Commission Secretary on the specified terms and conditions.

(2)

The Commission shall have the powers to engage consultant/staff for assisting adjudicating officer

in the matters related to adjudication.

(3)

The Commission Secretary shall have custody of the seal and records of the adjudicating officer

and shall exercise such functions as are assigned to him by these regulations or otherwise by the

Commission.

(4)

In particular, and without prejudice to the generality of the provision of the sub-clause (2) above, the

Commission Secretary shall have the following functions, namely :-

(i)

He shall receive or cause to receive all petitions, applications, other fillings, or references

pertaining to the adjudicating officer;

(ii)

He shall prepare or cause to prepare the briefs and summaries of all such filing presented

before the adjudicating officer ;

(iii)

He shall assist the adjudicating officer in proceedings conducted by the adjudicating officer ;

(iv)

He shall authenticate the orders passed by the adjudicating officer ;

(v)

He shall ensure compliance of the orders passed by the adjudicating officer ; and

(vi)

He shall have the right to collect from the Central Government, State Government and their

agencies, the Licensees or other offices, companies and firms or any other person as may be

directed by the adjudicating officer, such information as may be considered useful for the

purpose of efficient discharge of the functions of the adjudicating officer under the Act.

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(5)

In the absence of the Commission Secretary, such other officers of the Commission, as may be

authorized by the Commission, may exercise all the functions of the Commission Secretary.

(6)

The adjudicating officer shall always have the authority, either on an application made by any interested

or affected party or suo moto, to review, revoke, revise, modify, amend, alter, or otherwise change

any order made or action taken by the Commission Secretary of the Commission, if the adjudicating

officer considers it to be appropriate.

CHAPTER - II

GENERAL RULES CONCERNING THE PROCEEDINGS BEFORE

THE ADJUDICATING OFFICER

Authorised representative to appear before adjudicating officer : (1) A person may appear himself

or may authorise any of his employees to appear before the adjudicating officer and to act and plead on

his behalf.

(2)

A person may authorize an advocate or a registered consultant or a member of any statutory

professional body holding a certificate of practice to act and plead on his behalf before the

adjudicating officer.

(3)

Notwithstanding the above, the adjudicating officer may allow any consumer group or association,

or any person duly authorised by such consumer group or association to appear in any proceedings

before the adjudicating officer or in any meetings before the initiation of the proceedings, as the

adjudicating officer may consider appropriate.

10.

Proceedings before the adjudicating officer : (1) The adjudicating officer may, from time to time,

hold such proceedings, meetings, discussions, deliberations, consultations, inquiries, and investigations,

as it may consider appropriate in the discharge of its functions under the Act.

(2)

The adjudicating officer may appoint an officer or any other person whom the adjudicating officer

considers appropriate to represent as adjudicating officer's representative in any proceedings

before the adjudicating officer or otherwise participate and assist the adjudicating officer in the

proceedings.

(3)

All matters which the adjudicating officer is required under the Act to under take and discharge

through hearings shall be done through proceedings in the manner specified under the said Act

and in these regulations.

(4)

Except where the adjudicating officer may provide otherwise all matters affecting the rights or

interests of the licensee or any other person shall be under taken and discharged by the adjudicating

officer through proceedings in the manner specified in these regulations.

(5)

The adjudicating officer may hold consultations with the parties or any one or more of them before

deciding on the initiation of a proceeding in any matter.

11.

Initiation of Proceedings : (1)

The adjudicating officer may initiate any proceeding suo moto or on

a petition or any other filing by any affected or interested person.

(2)

When the adjudicating officer initiates the proceedings, it shall be by a noticeissued by the office

of the adjudicating officer and the adjudicating officer may give such orders and directions as may

be deemed necessary, for service of notices to the affected or interested persons for filing of the

replies and rejoinders in opposition or in support of the petition in such form as the adjudicating

officer may direct.

(3)

The adjudicating officer may, if he considers appropriate, issue orders for advertisement of the

petition inviting comments from interested persons on the issue involved in the proceedings in

such form as the adjudicating officer may direct.

(4)

While issuing the notice of inquiry, the adjudicating officer may, in suo moto proceedings and in

other appropriate cases, designates an officer of the Commission or any other person whom the

adjudicating officer considers appropriate to participate in the matter as if such a person is a party

to the proceedings.

12.

Petitions before the adjudicating officer : (1) All petitions shall contain a clear and concise statement

of facts with material particulars, the reliefs sought, the applicable provisions of law and the basis for

such reliefs.

(2)

All petitions to be filed before the adjudicating officer shall be type written or printed neatly and

legibly on one side of white paper and every page shall be consecutively numbered. The adjudicating

officer may permit or seek copies of the petition to be filed in an electronic form, on such terms and

conditions as the adjudicating officer may specify.

(3)

The contents of the petition shall be divided appropriately into paragraphs, which shall be numbered

serially.

(4)

The petition shall be accompanied by documents, supporting data and statements relevant to the

matters in issue in the petition.

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13.

General headings : The general heading in all petitions before the adjudicating officer and in all

advertisements and notices shall be as per Form 1 (Appendix-I).

14.

Affidavit in support : (1)The Petitions filed shall be verified by an affidavit, and the affidavit shall be as

per Form - 2 (Appendix - II).

(2)

The affidavit shall be drawn up in first person and shall state the full name, age, occupation and

address of the persons wearing on the affidavit (hereinafter referred to as the deponent) and the

capacity in which he is signing and shall be signed and sworn before a person lawfully authorized

to take and receive affidavits.

(3)

Every affidavit shall clearly and specifically indicate that the statements are true to the-

(i) Knowledge of the deponent ; and/or

(ii) Information received by the deponent ; or

(iii) Belief of the deponent.

(4)

Where any statement in affidavit is stated to be true based on the information received by the

deponent, the affidavit shall also disclose the source of the information and a statement that the

deponent believes that information to be true.

15.

Presentation and scrutiny of the petitions, etc.: (1) All petitions shall be filed in two or such number

of copies as may be directed by the adjudicating officer and all such copies shall be complete in all

respects.

(2)

The fee specified by the Commission in chapter -III of these regulations shall be paid alongwith

the petition.

(3)

All petitions shall be presented in person or by any duly authorised agent orrepresentative to the

receiving officer at the office of the adjudicating officer orsuch other filing center or centers as

may be notified by the adjudicating officer from time to time. The petitions may also be sent by

registered post with acknowledgment due card to the Commission Secretary. The authorization

in favor of the authorized agent or representative, as the case may be, shall be filed along with

the petition.

(4)

Upon the receipt of the petition, the receiving officer shall acknowledge the receipt by stamping

and endorsing the date on which the petition has been received and shall issue an acknowledgment

with stamp and date to the person filing the petition. In case the petition is received by registered

post the date on which the petition is received at the office of adjudicating officer shall be taken

as date of the presentation of the petition and the office shall send the acknowledgement by

post, to the person filling the petition.

(5)

The receipt of the petition shall be duly entered in the register maintained for the purpose by the

office of the adjudicating officer.

(6)

No petition shall be refused for defect in the pleadings or in their presentation, without giving an

opportunity to the person filing the petition to rectify the defect, within the time which may be

given for the purpose.

(7)

A person aggrieved in regard to the presentation or receipt of the petition may request the

Commission Secretary for appropriate order.

(8)

As soon as the petition and all necessary documents are filed and the defects and objections,

if any, removed and the petition scrutinized, accepted and numbered, the petition shall be placed

be fore the adjudicating officer for preliminary consideration :

(9)

The adjudicating officer may admit the petition for hearing. The adjudicating officer shall not pass

an order refusing admission without giving the person concerned an opportunity of being heard.

The adjudicating officer may, if he considers appropriate, issue notice to such other person or

persons, as he may desire for the hearing of petition for admission.

(10)

If the adjudicating officer admits the petition, he may give such orders and directions as may be

deemed necessary, for service of notices to the respondents if any in the petition and also to

other aff ected or interested parties as the adjudicating officer may consider appropriate for the

filing of replies and rejoinder in opposition or in support of the petition in such form as the

adjudicating officer may direct.

16.

Service of notices and summons issued by the adjudicating officer : (1) Any notice or summons

to be issued by the adjudicating officer may be served by any one or more of the following modes as

may be directed by the Commission,-

(i)

Service by the petitioner or any other party in the proceedings ; or

(ii) By hand delivery through a messenger ; or

(iii) By registered post with acknowledgment due ; or

(iv) By publication in newspapers in cases where the adjudicating officer is satisfied that it is not

reasonably practicable to serve the notices, summons etc. on any person in the manner mentioned

in clause (i) to (iii) above : or

(v)

By any other means prescribed under Code of Civil Procedure and Rules made there under from

time to time.

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(2)

Every notice or summon required to be served on or delivered to any person may be sent to the

person or his agent empowered to accept service at the address furnished by him in the petition

or its registered office.

(3)

In the event any matter is pending before the adjudicating officer and the person to be served has

authorised a representative to appear for or represent him in the matter, such representative shall

be deemed to be duly empowered to take service of the notices and summons on behalf of the

person concerned in all matters and the service on such representative shall be taken as due

service on the person to be served. It shall be the duty of such representative to duly inform the

person whom here presents of the service of the notices.

(4)

Where a notice is to be served by a party to the proceedings either in person or through registered

post, an affidavit of service shall be filed by such a party with the adjudicating officer giving details

of the date and manner of service of notices and summons and proof of such service.

(5)

Where any petition is required to be advertised it shall be advertised within such time as the

adjudicating officer may direct and unless otherwise directed by the adjudicating officer, in a daily

newspaper in English language having circulation in the area specified by the adjudicating officer.

(6)

Save as otherwise provided in the Act or in the regulations or subject to any direction which the

adjudicating officer or the Commission Secretary or the officer designated for the purpose may

issue, the petitioner, the applicant or any other person whom the adjudicating officer may make

responsible, shall arrange service of all notices, summons and other processes and for

advertisements and publication of notices and summons required to be served.

(7)

The adjudicating officer may also give directions for effecting service in any other manner he

considers appropriate.The adjudicating officer shall been titled to decide in each case the person

who shall bear the cost of such service or publication. The adjudicating officer may place notice of

any proceedings on the website of Commission.

(8)

In default of compliance with the requirements of the regulations or directions of the adjudicating

officer as regards the service of notices, summons or processes or the publication, the adjudicating

officer may either dismiss the petition or give such other or further directions, as it thinks fit.

(9)

No service or publication required to be done shall be deemed invalid by reason of any defect in

the name or description of a person provided that the adjudicating officer is satisfied that such

service is in other respects sufficient, and no proceeding shall be invalidated by reason of any

defect or irregularity in the service or publication unless the adjudicating officer, on an objection

taken, is of the opinion that injustice has been caused by such defect or irregularity or there are

other wise sufficient reasons for doing so.

17.

Filing of reply, disposition, objections, etc.: (1)

Each person to whom the notice of inquiry or the

petition is issued (hereinafter referred to as the respondent) and who intends to oppose or support the

inquiry/petition, shall file the reply along with the documents relied upon with in such period and in four

or such number of copies as may be specified by the adjudicating officer.

(2)

In the reply filed, the respondent shall specifically explain admit or deny the facts stated in the

notice of inquiry or the petition and may also state such additional facts, as he considers

necessary for a decision in the matter.

(3)

The reply shall be signed and verified and supported by an affidavit in the same manner as in the

case of the petition. The respondent shall also indicate in the reply whether he wishes to participate

in the proceedings and be orally heard.

(4)

The respondent shall serve a copy of the reply along with the documents duly attested to be true

copies, on the petitioner or his authorised representative and file proof of such service with the

office of the adjudicating officer at the time of filing the reply.

(5)

Where the respondent states additional facts as may be necessary for a decision in the matter,

the adjudicating officer may allow the petitioner to file rejoinder to the reply filed by the respondents.

The procedure mentioned above for filing of the reply shall apply mutatis mutandis to the filing of

the rejoinder.

(6) (a) Every person who intends to file objection or comments in regard to amatter pending before the

adjudicating officer, pursuant to the publication issued for the purpose (other than the persons to

whom notices, processes, etc. have been issued calling for reply) shall deliver to the receiving

officer the statement of the objections or comments with copies of the documents and evidence

in support there of within the time fixed for the purpose.

(b)

The adjudicating officer may permit such person or persons as he may consider appropriate

to facilitate the proceedings and the decision in the matter.

(c)

Unless permitted by the adjudicating officer, the person filing objections or comments pursuant

to sub-clause(a) above shall not be entitled to make oral submissions. However, the

adjudicating officer may take into account the objections and comments filed after giving

such opportunity to the parties in the proceedings as the adjudicating officer considers

appropriate to deal with the objections and comments.

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18.

Hearing of the matter : (1) The adjudicating officer may determine the stages, the manner, the place,

date and the time of the hearing of the matter considered appropriate by him, consistent with such

specific timing requirements as are set forth in the Act or otherwise not less than 21 days. The adjudicating

officer may curtail aforesaid period of 21days looking to the need to expeditiously decide the matter.

(2)

The adjudicating officer may decide the matter on the pleadings of the parties or may call for the

parties to produce evidence by way of affidavit or to lead oral evidence in the matter.

(3)

If the adjudicating officer directs evidence of a party to be led by way of affidavit, the

adjudicating officer may, if he considers it to be necessary or expedient, grant an opportunity to

the other party to cross examine the deponent of the affidavit.

(4)

The adjudicating officer may, if considered necessary or expedient, direct that the evidence of

any of the parties be recorded by an officer or by any person designated for the purpose by the

adjudicating officer.

(5)

The adjudicating officer may direct the parties to file written note of arguments or submissions in

any proceeding before the adjudicating officer within a time, as the adjudicating officer considers

appropriate.

19.

Power of the adjudicating officer to call for further information, evidence, etc. : (1) The

adjudicating officer may, at any time before passing orders on the matter, require the parties or any one

or more of them or any other person whom the adjudicating officer considers appropriate, to produce

such documentary or other evidence as the adjudicating officer may consider relevant for the purpose

of enabling the adjudicating officer to pass orders.

(2)

The adjudicating officer may direct the summoning of the witnesses, discovery and production

of any document or other material objects producible in evidence, requisitioning of any public

record from any office, examination by an officer the books ,accounts or other documents or

information in the custody or control of any person which the adjudicating officer considers

relevant for the matter.

(3)

The adjudicating officer may, if he considers appropriate, allow any of the parties to produce

further evidence in the matter considering the evidence brought on record under sub-regulations

(1) and (2) above.

20.

Reference of issues to others : (1) At any stage of the proceedings, the adjudicating officer may refer

such issue or issues in the matter, as he considers appropriate to persons including, but not limited

to the officers of the Commission and or the Government agency/ body whom the adjudicating officer

considers as qualified to give expert or specialized advice or opinion.

(2)

The adjudicating officer may nominate from time to time any person including, but not limited to,

the officers of the Commission to visit any place or places for inspection and report on the status

of the place or any facilities therein.

(3)

The adjudicating officer, if he thinks fit, may direct the parties to appear before the persons,

Government agency/body designated under sub-regulations (1) or (2) above to present their

respective views on the issues or matters referred to such persons.

(4)

The report or the opinion received from such person, Government agency/ body shall form a part

of the record of the case and parties to the proceedings shall be given copies of the report or

opinion. The parties to the proceedings shall been titled to file their version eitherin suppor to for

in opposition to such report or opinion.

(5)

The adjudicating officer shall duly take into account the report, or the opinion given by the person,

Government agency /body and the reply filed by the parties while deciding the matter and if

considers necessary, the adjudicating officer may examine the person giving such report or the

opinion.

(6)

The adjudicating officer shall, however, not be bound by the report or the opinion given under

sub-regulations (1) and (2) above and the adjudicating officer shall been titled to take such

decision as he considers appropriate.

21.

Procedure to be followed where any party does not appear : (1) When, on the date and the time

fixed for hearing or any other date or time to which such hearing may be adjourned, if any party or his

authorized representative does not appear when the matter is called for hearing, the adjudicating

officer may, in his discretion, either dismiss the petition for default when the petitioner or the person

who moves the adjudicating officer for hearing is absent or proceed exparte to hear and decide the

petition in the absence of the other party.

(2)

Where a petition is dismissed in default or decided exparte, the person aggrieved may file an

application within 30 days from the date of such dismissal or being proceeded exparte, as the

case may be, for recall of the order passed, and the adjudicating officer may recall the order on

such terms as he thinks fit, if the adjudicating officer is satisfied that there was sufficient cause

for the non-appearance of the aggrieved person when the petition was called for hearing.

The Arunachal Pradesh Extraordinary Gazette, February 12, 2024 7

22.

Orders of the adjudicating officer : (1) The adjudicating officer, having heard the matter, shall pass

an order on the petition.

(2)

All orders and decisions issued or communicated by the adjudicating officer shall be certified and

communicated under the signature of the Commission Secretaryor an officer empowered in this

behalf by the adjudicating officer and shall bear the official seal of the adjudicating officer.

(3)

All orders of the adjudicating officer shall be communicated in English language.

23.

Inspection of records and supply of certified copies : (1)The records of proceeding shall be open

to the inspection of the parties or their authorized representatives either during the proceeding or after

the orders are passed, subject to payment of fees and compliance with such other terms as the

Commission may direct.

(2)

The records of every proceeding, except those parts which for reasons specified by the adjudicating

officer are confidential or privileged, shall be open to inspection by persons other than the parties

to the petition either during the proceeding or after the orders have been passed, subject to such

person complying with such terms as the Commission may direct from time to time including in

regard to time, place and manner of inspection and payment of fees.

(3)

A person shall been titled to obtain certified copies of the orders, decisions, directions and reasons

in support thereof given by the adjudicating officer as well as the pleadings and papers and other

parts of the records of the adjudicating officer to which he is entitled to inspect under regulations

(1) or (2) above subject to payment of fees and compliance with such other terms as the Commission

may direct.

CHAPTER - III

FEES

24.

Fees on Applications and Petitions :

(i)

Every application, petition or appeal made to the adjudicating officer shall be accompanied by such

fees as specified in sub-regulation (iv) below. The co-petitioner, if any, shall also have to pay the

same fee as is required to be paid by the main petitioner. However, no fee shall be leviable in case

any application or petitionis filed by the Central or State Government.

(ii)

The fee payable under these regulations shall be paid by means of bank draft or payorder, drawn in

favor of the ‘Arunachal Pradesh Electricity Regulatory Commission’, payable at Itanagar. If the fee

payable is more than Rupees One lakh, the same shall be deposited through electronic transfer

directly in the bank account of Commission under intimation to the adjudicating officer. Details

needed for identifying the bank account of Commission may be obtained from Commission Secretary.

(iii)

All fees received by the adjudicating officer under these regulations shall be credited to the fund.

(iv)

A fee of ` 50,000 (Rupees fifty thousand Only) shall be applicable towards petition fee for

proceedings before the adjudicating officer under these regulations.

CHAPTER - IV

PENALTY

25.

Imposition of penalty : (i)

Subject to the provisions of the Act, the adjudicating officer may, while

deciding any matter or proceeding pending before the adjudicating officer or at any other time, initiate

a proceeding for imposition of penalty against any person including but not limited to designated

consumers for non-compliance or violation on their part of the provisions or requirements of the Act or

rules, regulations or codes framed under the Act or notifications of the Central Government issued in

consultation with BEE or directions of the State Government to furnish information to the designated

agency or directions or orders of the adjudicating officer made from time to time.

(ii) While determining the quantum or extent of the penalty to be imposed, the adjudicating officer

shall consider, amongst other relevant things, the following :

(a)

The nature and extent of non-compliance or violation.

(b)

The amount of disproportionate gain or unfair advantage, whenever quantifiable, made as a

result of the default or non-compliance or violation.

(c)

The loss or degree of harassment caused to any person as a result of the non-compliance or

violation.

(d)

The repetitive nature of the default or non-compliance or violation

(iii)

Before imposing any penalty, the adjudicating officer shall give an opportunity to the person upon

whom such penalty is proposed to be imposed, to represent against the proposal to impose such

penalty and also on the quantum or extent of the penalty proposed to be imposed.

(iv)

The adjudicating officer shall issue a notice to the person specifying the nature of non- compliance

or violation on the person's part and also call upon him to show cause within the time specified in

the notice as to why penalty should not be imposed on him for such non-compliance or violation.

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(v)

Where while replying to the notice, the person admits non-compliance or violationin writing, the

adjudicating officer shall record the same and may impose such penalty as it may consider fit in

the circumstances of the case, subject to the provisions of the Act.

(vi)

If the person to whom a notice has been issued under sub clause (iii) fails to show cause or

denies non-compliance with or violation of any provision of the Act or Rules or regulations or

notifications of the Central Government issued in consultation with BEE or directions of the State

Government to furnish in formation to the designated agency or directions or orders of the adjudicating

officer, the adjudicating officer may enquire into the matter in such manner as he deems fit.

(vii) The adjudicating officer may either on being satisfied that no non-compliance or violation of any

provision of Act, rules or regulations or an order of the adjudicating officer, has been committed,

withdraw the notice or in the event inquiry reveals non-compliance or violation for which notice was

served, may impose such penalty or charges which are considered appropriate.

26.

Payment of Penalty : (i)

The penalty as ordered by the adjudicating officer shall be paid within 30

days of the order of the adjudicating officer imposing the penalty within such extended date as may be

allowed by the adjudicating officer in such order.

(ii)

The penalty shall be payable in the same manner as provided under sub-clause (ii) of Clause 24 of

these regulations.

(iii)

If the penalty charged by the adjudicating officer is not paid within the prescribed time, it shall be

recoverable as arrears of land revenue.

CHAPTER - V

INVESTIGATION, INQUIRY, COLLECTION OF INFORMATION, ETC.

27.

Collection of information : (1)

The adjudicating officer may make such order as he thinks fit in

terms of the provisions of the Act for collection of information, inquiry, investigation, entry, search,

seizure and without prejudice to the generality of his powers including the following: -

(a)

The adjudicating officer may specially authorise the Commission Secretary or any other officer

to enter any building or place where there is reason to believe that any document or record

relating to the subject matter of his inquiry or adjudication under the Act may be found and to

seize or take extracts or copies thereof ;

(b)

The adjudicating officer may, at any time, direct the Commission Secretary or any one or more

officers or consultants or any other person as the adjudicating officer considers appropriate to

study, investigate or furnish information with respect to any matter within the purview of the

adjudicating officer ;

(c)

The adjudicating officer may for the above purpose give such other directions as he may deem

fit and specify the time within which the report is to be submitted or information furnished ;

(d)

The adjudicating officer may issue or authorize the Commission Secretaryor an officer of

Commission to issue directions to any person to produce before him and allow to be examined

and kept by an officer specified in this behalf the books accounts etc. or to furnish to an officer

information,etc.;

(e)

The adjudicating officer may, for the purpose of collecting any information particulars or

documents which the adjudicating officer consider necessary in connection with the discharge

of his functions under the Act, issue such directions ;

(f)

If any such report or information obtained as specified in the Act or in these regulations appears

to the adjudicating officer to be insufficient or in adequate, the adjudicating officer or the

Commission Secretary or an officer authorised for the purpose may give directions for further

inquiry, report and furnishing of in formation ; and

(g)

The adjudicating officer may direct such incidental, consequential and supplemental matters

that may be considered relevant in connection with the above ,be attended to.

(2)

In connection with the discharge of the functions and in exercise of powers undersection 27(A) of

the Act and these regulations, the adjudicating officer may, if hethinks fit, direct a notice of inquiry

to be issued and proceed with the matter in a manner provided under Chapter - II of these regulations.

CHAPTER - VI

MISCELLANEOUS

28.

Interim orders : The adjudicating officer may makes such interim orders, as he considers appropriate,

at any stage of the matter or proceedings pending before him.

29.

Review of the decisions, directions and orders : (1) The adjudicating officer may on its own

motion or on the application of any of the person or parties concerned, within 60 days from the date of

making any decision, direction, or order, review such decision, direction or order and pass such appropriate

order as the adjudicating officer thinks fit.

The Arunachal Pradesh Extraordinary Gazette, February 12, 2024 9

(2)

An application for such review shall be filed in the same manner as a petition under Chapter -II of

these regulations subject to fulfillment of the following conditions, namely :

(a)

Discovery of new and important matter or evidence which, after the exercise of due diligence,

was not within his knowledge or could not be produced by him at the time when the order was

passed or ;

(b)

On account of some mistake or error apparent on the face of the record ; or

(c)

Any other sufficient reason.

30.

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 if it is wound up, the

proceedings shall continue with the successors-in-interest, the executor, administrator, receiver, liquidator,

or other legal representative of the party concerned, as the case may be.

(2)

The adjudicating officer may, for reasons to be recorded, treat the proceedings as abated in case

the adjudicating officer so directs and dispenses with the need to bring the successors-in-interest

to come on record.

(3)

In case any person wishes to make a successor-in-interest of a party to the proceedings, he shall

file an application for the purpose within 90 days from the date of knowledge of its predecessor's

death, insolvency, liquidation or winding up and such application shall be decided by the adjudicating

officer after hearing the parties.

31.

Proceedings to be open to public : (1) The proceedings before the adjudicating officer shall be open

to the public.

(2)

The adjudicating officer may, if he thinks fit, and for reasons to be recorded in writing, order at any

stage of the proceedings o f any particular case that the public generally or any particular person

or group of persons shall not have access to or be or remain in the room or building used by the

adjudicating officer.

32.

Publication of petition : (1) Where any application, petition, or other matter is required to be

published under the Act or the regulations or as per the directions of the adjudicating officer, it shall,

unless the adjudicating officer other wise orders or the Act or the regulations other wise provide, be

advertised not less than 7 clear days before the date fixed for hearing. Except as otherwise provided,

such publication shall give a heading describing the subject matter in brief.

(2)

The contents to be published shall be approved by the adjudicating officer.

33.

Issue of orders and practice directions : Subject to the provisions of the Act and the regulations, the

adjudicating officer with approval of Commission may,from time to time, issue orders, guidelines and

practice directions which shall have the same effect as regulations in regard to the implementation of

the regulations and procedure to be followed in dealing with concerned matters.

34.

Saving of inherent power of the adjudicating officer : (1) Nothing in these regulations shall be

deemed to limit or otherwise affect the inherent power of the adjudicating officer to make such orders

as may be necessary for meeting the ends of justice or to prevent t he abuse of the process of the

adjudicating officer.

(2)

Nothing in these regulations shall bar the adjudicating officer from adopting a procedure for dealing

witht the matters in conformity with the provisions of the Act, which is at variance with any of the

provisions of these regulations, if the adjudicating officer, for reasons to be recorded in writing,

deems it necessary or expedient.

(3)

Nothing in these regulations shall, expressly or impliedly, bar the adjudicating officer to deal

with any matter or exercise any power under the Act for which no regulations have been framed,

and the adjudicating officer may deal with such matters, powers and functions in a manner he

thinks fit.

35.

General power to amend : The adjudicating officer may, at any time and on such terms as to costs

or otherwise, as he may think fit, amend any defect or error in any proceeding before him, and all

necessary amendments shall be made for the purpose of determining the real question or issue

arising in the proceedings.

36.

Power to remove difficulties : If any difficulty arises in giving effect to any of the provisions of these

regulations, the adjudicating officer with the approval of the Commission may, by general or special

order, do any thing not being inconsistent with the provisions of the Act which appears to him to be

necessary or expedient for the purpose of removing the difficulties.

37.

Power to dispense with the requirement of the regulations :The adjudicating officer with the

approval of the Commission shall have the power, for reasons to be recorded in writing and with notice

to the affected parties, dispense with the requirements of any of the regulations in a specific case or

cases subject to such terms and conditions as may be specified.

38.

Extension or abridgment of time prescribed : Subject to the provisions of the Act, the time

specified by these regulations or by order of the adjudicating officer for doing any act may be extended

or abridged for sufficient reason by order of the adjudicating officer.

10 The Arunachal Pradesh Extraordinary Gazette, February 12, 2024

39.

Effect of non-compliance : The failure to comply with any requirement of these regulations shall not

invalidate any proceeding merely by reason of such failure unless the adjudicating officer is of the view

that such failure has resulted in miscarriage of justice.

40.

Costs : (1)

Subject to such conditions and limitations as may be directed by the adjudicating officer,

the cost of all proceedings shall be awarded at the discretion of the adjudicating officer and the adjudicating

officer shall have full power to determine by whom or out of what funds and to what extent such costs

are to be paid and give all necessary directions for the aforesaid purposes.

(2)

The costs shall be paid within 30 days of the date of the order or within such time as the adjudicating

officer may, by order, direct.

41.

Enforcement of orders passed by the adjudicating officer : The Commission Secretary shall

ensure enforcement and compliance of the orders passed by the adjudicating officer, by the persons

concerned in accordance with the provisions of the Act and the regulations and if necessary, may

seek the orders of the adjudicating officer for directions.

By order of the Commission

Secretary, APSERC

Appendix - I

FORM - 1

(See Regulation 13)

General Heading for Proceedings

BEFORE THE ADJUDICATING OFFICER

Arunachal Pradesh State Electricity Regulatory Commission

CASE No.

(To be filled by the Office)

IN THE MATTER OF :

(Gist of the purpose of the petition or application)

AND

IN THE MATTER OF :

(Names and full addresses of the petitioners/applicants and names and full addresses of the respondents)

Appendix - II

FORM - 2

(See Regulation 14)

BEFORE THE ADJUDICATING OFFICER

Arunachal Pradesh State Electricity Regulatory Commission

Affidavit

I, Shri/Smti . . . . . . . . . . . . . . . . . . . . . . . .(S/o,W/o,D/o) of . . . . . . . . . . . . . . . . . . . . . . . .aged residing

at do solemnly affirm and say as follows :

1. I am a Director/Secretary/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ltd., the petitioner in the above matter and am duly authorized

by the said petitioner to make this affidavit on its behalf.

The statements made in paragraphs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of The accompanying petition

are true to my knowledge and the statements made in paragraphs are based on information received from .

. . . . . . . . . . . . . . . . . . . and I believe them to be true.

(Deponent)

VERIFICATION

Verified on this day………………….at ……………………that the contents of the affidavit are true and correct,

nothing material has been concealed and no part of it is false. I have also been explained about Section 193

of IPC that whoever intentionally gives false evidence in any of the proceedings of the Commission or fabricates

evidence for purpose of being any of the proceedings shall be liable for punishment as per law.

Deponent

Identified by :

The Arunachal Pradesh Extraordinary Gazette, February 12, 2024 11

Appendix - III

FORM - 3

(See Regulation 15)

BEFORE THE ADJUDICATING OFFICER

Arunachal Pradesh State Electricity Regulatory Commission

IN THE MATTER OF :

Petition No.

...................................…………………………………………Petitioner (s)

V/s

.....................................…………………………………… Respondent (s)

Memorandum of Appearance

I, ……………………………………..working as………………………………and having been authorized

by………………………………..(Furnish the particulars of the person authorizing), hereby enter appearance

on behalf of……………and undertaken to plead and act for him/it in all matters in the aforesaid case.

Place :

Date :

Address for correspondence :

Schedule

FEES & CHARGES

Sl. No.

Description

Fees (in Rupees)

Adjudication of dispute before the Adjudicating

` 50,000 (` fifty thousand)

Officer under Section 27 of the Energy

Conservation Act, 2001

Interlocutory Application

` 10,000 (` ten thousand)

Fees for obtaining certificate copies

` 3 (` three) per page

Application for inspection orders/ records of

` 100 (` one hundred) Per day

Adjudicating Officer.

Appendix - IV

FORM - 4

APPENDIX - IV

BEFORE THE ADJUDICATING OFFICER

Arunachal Pradesh State Electricity Regulatory Commission

IN THE MATTER OF :

Petition No. .............................................................……………………………………........Petitioner (s)

V/s

..............................................………………………………………................... Respondent (s)

Application for grant of certified copy

Name and address of the applicant.

Whether the applicant is party to the case.

Whether the case is pending or disposed of

Description with date of the documents of which copy is applied for.

No.of copies required.

Amount of fee remitted and mode of payment.

Signature

For office use

Granted/ rejected

Additional copying fee

Payable/paid and details thereof

Secretary

12 The Arunachal Pradesh Extraordinary Gazette, February 12, 2024

Appendix - V

FORM - 5

APPENDIX - V

BEFORE THE ADJUDICATING OFFICER

Arunachal Pradesh State Electricity Regulatory Commission

IN THE MATTER OF :

Petition No.

...................................…………………………………………Petitioner (s)

V/s

.....................................…………………………………… Respondent (s)

Application for Inspection of Documents/Records

I, hereby apply for grant of permission to inspect the documents/ records in the above case.

The details are as under :

Name and address of person seeking permission

Whether he is party to the case or he is authorised representative of any party.

Details of papers/ document to be inspect

Purpose for the inspection

Date and duration of the inspection sought

Amount of fee payable and the mode of payment

Signature

Place :

Date :

Office use :

Permission granted/rejected for inspection on………………………….

Secretary

Published and printed by Directorate of Printing & Stationery, Naharlagun—96/2024-DoP-250+Secy.-( APSERC)-10 -2-2024.

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