THE
JHARKHAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
5 AGRAHAYAN 1946 (S)
RANCHI TUESDAY 26th NOVEMBER, 2024
JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION, RANCHI
JSERC (Conduct of Business) Regulations, 2024
--------
NOTIFICATION
25th November, 2024
Notification No.106--In exercise of the powers conferred on it under 181 read with Section 92
and Section 127 of the Electricity Act, 2003 and all powers enabling it in that behalf and on the basis of
experience of working of the JSERC (Conduct of Business) Regulations, 2016 as well as notification of
Bharatiya Nyaya Sanhita, 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) there was a
need to revise the JSERC (Conduct of Business) Regulations, 2016 for the smooth and efficient
functioning of the Commission, the Commission hereby makes Jharkhand State Electricity Regulatory
Commission ( Conduct of Business) Regulations, 2024.. Once notified,these Regulations shall supersede
the JSERC (Conduct of Business) Regulations, 2016.
No. 756
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JSERC (CONDUCT OF BUSINESS) REGULATIONS, 2024
CHAPTER I:
GENERAL
1.
SHORT TITLE, COMMENCEMENT AND EXTENT
1.1
These Regulations shall be called the Jharkhand State Electricity Regulatory Commission
(Conduct of Business) Regulations, 2024;
1.2
These Regulations shall come into force from the date of its publication in the Official Gazette of
the Government of Jharkhand;
1.3
These Regulations shall supersede the JSERC (Conduct of Business) Regulations, 2016 read
with all amendments thereto, as applicable to the subject matter of these Regulations;
1.4
These Regulations shall extend to the entire state of Jharkhand;
2.
DEFINITIONS AND INTERPRETATION
2.1
In these Regulations, unless the context otherwise requires-
a)
“Act” means the Electricity Act, 2003;
b)
“Adjudication” means the process of arriving at decisions on Petitions submitted to the
Commission;
c)
“Admission” means the stage of consideration or hearing of a petition where its
maintainability for further proceedings before the Commission is decided having due
regard to the jurisdiction of the Commission, limitation in filing the petition, and such
other factors as considered relevant by the Commission, and does not include any
decision on merit on the issues raised in the petition;
d)
“Advocate” means a person who is entitled to practice the profession of law under the
Advocates Act, 1961 (25 of 1961);
e)
“Appellate Tribunal” means the Appellate Tribunal for Electricity as established under
Section 110 of the Act;
f)
“Chairperson” means the Chairperson of the Jharkhand State Electricity Regulatory
Commission;
g)
“Code” means the Code of Civil Procedure, 1908, as amended from time to time;
h)
“Commission” means the Jharkhand State Electricity Regulatory Commission
constituted under Section 82 of the Act;
i)
“Consultant”means and includes any individual, firm, body or association of persons,
not in the employment of the Commission who may be engaged as such in accordance
with JSERC (Terms and Conditions for Appointment of Consultants) Regulations, 2024,
as amended from time to time, to assist the Commission on any matter required to be
dealt with by the Commission under the Act;
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j)
“Consumer Representative” means an individual or a professional body or a non-
government organisation who is permitted by the Commission to present the prospectives
of electricity consumers and participate in the proceedings of the Commission;
k)
“Consumer Association” means an association of persons registered under the Societies
Registration Act and recognized by the Commission under these regulations to represent
the perspectives or interests of themembers of the association in any proceedings before
the Commission;
l)
“Coram” means the Members of the Commission who are scheduled to hear or have
heard the petitions listed for hearing by the Commission on a particular date or session,
as the case may be;
m)
“Fees” means the fees levied by the Commission for the purposes of the Act in
accordance with the provisions of the JSERC (Fees, Fines & Charges) Regulations, 2024,
as amended from time to timeor any subsequent enactment thereof;
n)
“Member” means a member of the Jharkhand State Electricity Regulatory Commission;
o)
“Officer” means an officer of the Commission;
p)
“Petition” means and includes all petitions, applications, complaints, appeals, replies,
rejoinders, supplemental pleadings, other papers and documents filed in relation thereto,
and the word “Petitioner” shall be construed accordingly;
q)
“Proceedings” means and includes proceedings of all nature that the Commission may
conduct in the discharge of its function under the Act;
r)
“Proforma Respondent” means a person who has been arrayed as a Respondent in a
Petition against whom no relief has been sought, but whose presence is considered
necessary for effective and complete adjudication of the issue(s) raised in the Petition;
s)
“Quorum” means the minimum number of Members who are mandatorily required to be
present to hear and decide a petition filed before the Commission and shall include the
Members mandatorily required to be present in the meetings of the Commission to take
decisions on the matters in discharge of its functions under the Act;
t)
“Receiving Officer” means an officer designated by the Commission to receive
Petitions;
u)
“Respondent” means a person who has been arrayed as an opposite party in a petition
and against whom relief(s) have been sought;
v)
“Secretary” means the Secretary of the Jharkhand State Electricity Regulatory
Commission;
2.2 The words and expressions used in these regulations that are not defined herein but defined
in the Act or any other Regulations of the Commission shall have the same meaning
assigned to them under the Act or any other Regulations of the Commission;
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3.
OFFICE OF THE COMMISSION, OFFICE HOURS, AND SITTINGS
3.1
The head office of the Commission, until further order, shall be located at 1st Floor, Jharkhand
State Housing Board (Old Headquarter), Harmu Housing Colony , Ranchi - 834002;
3.2
Unless otherwise directed, the headquarters and other offices of the Commission shall be open
daily except on Saturdays and Sundays and Government holidays notified by the Government of
Jharkhand. The working hours of the Commission and its other offices shall be between 10.00
A.M. to 6.30 P.M. with lunch break from 1.30 P.M. to 2.00 P.M;
Provided that in the exigencies of work, the Secretary with the approval of the
Commission, may direct that the offices of the Commission shall remain open on a non-working
day;
3.3
Where the last day for doing of any act falls on a day on which the office of the Commission 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;
3.4
The Commission may hold sittings for hearing matters at the headquarters or at any otherplace
on days and time to be specified by the Commission;
4.
LANGUAGE IN THE PROCEEDINGS OF THE COMMISSION
4.1
The proceedings of the Commission shall be conducted either in English or in Hindi. Allpetitions
shall be submitted in Hindi or English. If the petition submitted is in English then it may be filed
with an executive summary of the petition in Hindi;
4.2
Any document contained in any other language other than Hindi or English may be accepted by
the Commission only if the same is accompanied by a translation thereof in Hindi or Englishduly
certified by the person filing the petition;
Provided that in case of any difference or dispute in between the English and Hindi
version, the English version shall prevail;
4.3
A translation which is agreed to by the parties to the proceedings or which one of the parties may
furnish with an authenticity certificate of the person who had translated it to Hindi or English
may be accepted by the Commission in appropriate cases as a true translation. The Commission
in appropriate cases may direct translation of the petition, pleadings, documents and other
material to English or Hindi by an Officer or person designated by the Commission for the
purpose;
5.
SEAL OF THE COMMISSION
5.1
The Commission shall have a seal of its own. The impression of the seal shall be certifiedand
kept on record of the Commission;
5.2
Every order or communication made, notice issued or certified copy of any document issued by
the Commission shall be stamped with the seal of the Commission and shall be certified by
Secretary or anyother officer designated for the purpose by the Commission;
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6.
EXECUTIVE POWER OF THE COMMISSION
6.1
In accordance with sub-section (4) of Section 77 of the Act, the Chairpersonshall be the Chief
Executive of the Commission.
6.2
All executive powers of the Commission shall be exercised by theChairperson.
6.3
If the post of Chairperson is vacant, the senior most Member of theCommission shall exercise
the executive powers of the Commission duringthe period of such a vacancy.
7.
OFFICERS OF THE COMMISSION
7.1
The Commission shall have the power to appoint the Secretary, Officers and otheremployees to
assist the Commission incarrying out the provisions of the Act and in discharging such other
functionsas may be assigned by the Commission from time to time.It may also prescribe the
qualifications, experience and other terms and conditions for the appointment of such Officers
and other employees;
7.2
The Commission may appoint Consultants for rendering expert opinion and assistance in the
discharge of its functions on such terms and conditions as specified in the JSERC (Terms and
Conditions for Appointment of Consultants) Regulations, 2024, as amended from time to time or
any subsequent enactment thereof;
8.
SECRETARY OF THE COMMISSION
8.1
The Secretary shall be the Principal Officer of the Commission and shall exercise such powers
and perform such duties as may be assigned by theCommission / Chairperson/Member(s).
8.2
In particular and without prejudice to the generality of the above provisions, the Secretary shall
have the following powers and perform the following duties namely:
a)
He/ She shall have the custody of the seal and records of the Commission;
b)
He/ She shall receive or cause to receive all petitions, appeals, applications or references
pertaining to the Commission on behalf of the Commission;
c)
He/ She shall scrutinize the documents, including, inter alia, petitions, appeals,
applications or references and shall be entitled to seek clarifications or rectifications upon
the same and issue appropriate directions pertaining to the acceptance or rejection of such
documents;
d)
He / She shall prepare or cause to be prepared briefs and summaries of all pleadings
before the Commission in the discharge of its functions in this regard and such summary
shall indicate the names of the parties and the relief sought in verbatim without going
into the merits of the pleading;
e)
He / She shall assist in the proceedings conducted by the Commission;
f)
He/ She shall authenticate the order passed by the Commission;
g)
He / She shall ensure compliance of the orders passed by the Commission;
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h)
He / She shall have the right to collect from the Government or other offices, companies
and firms or any other party as may be directed by the Chairperson/Member(s), such
information as may be considered useful for the purpose of efficient discharge of the
functions of the Commission under the Act and place the information before the
Chairperson/Member(s);
8.3
The Secretary may, with the approval of the Chairperson, or in the event of vacancy of the
position of the Chairperson with the approval of the Member(s), may delegate to any other
officer of the Commission any function required by these Regulations or otherwise, to be
exercised by the Secretary;
8.4
In the absence of the Secretary, such other officer of the Commission, as may be designated by
the Chairperson, or in the event of vacancy of the position of the Chairperson, as may be
designated by the Member(s), may exercise all the functions of the Secretary;
8.5
The Chairperson, or in the event of vacancy of the position of the Chairperson, the Member(s)
may delegate to the officers such functions including functions that may be required by these
Regulations to be performed by the Secretary;
8.6
Save and except the powers exercised under sections 86 and 181 of the Act, the Commission
may, by a general or special order in writing, delegate to any Member or Officers of the
Commission such of its powers and functions under the Act as it may deem necessary, subject to
such terms and conditions, if any, as may be stated in such order
8.7
The Chairperson, or in the event of vacancy of the position of the Chairperson, the Member(s),
shall at all times have the authority, either on an application made to it by any interested or
affected party or suo-motu to review, revoke, revise, modify, amend, alter or otherwise change
any order passed or action taken by the Secretary or Officers of the Commission, if the
Chairperson, or in the event of vacancy of the position of the Chairperson, the Member(s)
considers the same to be appropriate;
8.8
All the communications to the Commission shall be addressed to the Secretary of the
Commission.
9.
MEETINGS OF THE COMMISSION
9.1
This section shall be applicable to meetings of the Commission, other than theadjudicatory
proceedings of the Commission;
9.2
The quorum for the meetings of the Commission shall be as per Clause 11 of these Regulations;
9.3
If in any meeting of the Commission duly convened, the quorum is not present, the meeting shall
stand adjourned for the next working day at the same time and venue;
9.4
The Chairperson shall preside over the meetings and conduct the business. If the Chairperson is
unable to be present in the meetings for any reason, or where there is no Chairperson, the senior
most Member present shall preside at the meeting;
9.5
All questions which come up before any meeting of the Commission shall be decided by
majority vote of the Members present and in the event of equality of votes, the Chairperson or in
his absence, the person presiding shall have a second or casting vote;
9.6
Save as otherwise provided in these Regulations, every Member shall have one vote;
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9.7
The Secretary or in his absence any Officer of the Commission as such designated officer, shall
record the minutes of the meetings and maintain a register which will, amongst other things,
contain the names and designation of Members and invitees present in the meeting, a record of
proceedings and notes of dissent, if any. The draft minutes shall, as soon as practicable, be sent
to the Chairperson and/or the attending Member(s);
9.8
Decisions taken in a meeting of the Commission shall be recorded in the minutes in a clear and
concise manner, along with reasons. In case the minutes record any statement/submission made
by an invitee, a copy of the minutes shall be sent to such invitee;
9.9
The minutes of the meeting shall be confirmed by circulation after the meeting or at the next
meeting of the Commission;
CHAPTER II:
PROCEEDINGS BEFORE THE COMMISSION
10.
PROCEEDINGS BEFORE THE COMMISSION
10.1
The Commission may hold hearings, meetings, discussions, deliberations and conduct inquiries,
investigations and consultations, from time to time as it may consider appropriate in the
discharge of its functions under the Act. The Secretary, any other officer or any other person
whom the Commission may appoint, may participate and assist the Commission in its
proceedings;
10.2
All 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;
10.3
All proceedings before the Commission shall be deemed to be judicial proceedings within the
meaning of Section 229 and 267 of the Bhartatiya Nyaya Sanhita, 2023) and the Commission
shall be deemed to be a Civil Court for the purposes of sections 384 and 385 of the Bharatiya
Nagarik Suraksha Sanhita, 2023).
10.4
All other matters shall be decided by the Commission administratively through the meeting of
the Chairperson and Members or by such other officers or persons to whom the powers and
functions have been delegated;
10.5
All questions which may come up before any meeting of the Commission shall be decided by
majority vote of the Members present and in the event of equality of votes, the Chairperson or in
his absence, the person presiding shall have a second or casting vote;
10.6
No Member shall exercise his vote on a decision unless he is present during all the substantial
hearings of the Commission on such matter;
10.7
The Commission may decide urgent matters by the procedure of circulation subject to the
following conditions:
Where a matter is required to be decided by the Commission urgently, the Chairman may,
instead of bringing the matter for discussion at a meeting of the Commission, direct that it may
be circulated to the Members for opinion and if all the Members are unanimous and the
Chairman thinks that a discussion at a meeting of the Commission is not necessary, the matter
shall be decided without such discussion;
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If the Members are not unanimous and if the Chairman thinks that a discussion at a meeting is
necessary, the matter shall be discussed at a meeting of the Commission;
10.8
To ensure timely and expeditious disposal of proceedings, the Commission may adopt suitable
procedures for any proceeding, including but not limited to –
a)
joinder of cases for hearing
b)
appointing
a
representative
for
a
class
of
consumers/parties
to
present
combinedpleadings, affidavits and documents, as also to present the case of such class
ofconsumers/parties;
c)
seeking testimony or advice or opinion on specific issues; and/or
d)
appointing amicus curiae;
11.
QUORUM
11.1
For all initial procedural issues and also adjudicatory proceedings of the Commission, generally
the quorum of the Commission shall be two among the three Members of the Commission:
Provided that in all adjudication proceedings under Section 86 (1) (f) of the Act, Judicial
Member shall form part of the quorum;
In the event that the posts of Chairperson and/or any one of the Member are vacant or one
member proceeds on leave for a period more than 30 days, the quorum of the Commission shall
be Sole Judicial Memberfor all procedural and adjudicatory proceedings.
In the event of aforesaid vacancy, the sole member (Judicial or Technical) shall exercise all
administrative and financial powers of the Commission;
12.
CONDUCT OF PROCEEDINGS IN THE ABSENCE OF CHAIRPERSON
12.1
The Chairperson shall preside over the meeting(s)/proceeding(s) of the Commission. If he
isunable to attend the meeting(s)/proceeding(s) of the Commission, any other Member
nominated by the Chairperson on his behalf and in the absence of such nomination or where
there is no Chairperson, any Member chosen by the Members present from among themselves
shall preside at the meeting(s)/proceeding(s)
13.
AUTHORITY TO REPRESENT
13.1
A person who is a party to any proceeding before the Commission may either appear inperson or
may authorize any other professional, who is a member of a statutory body or anyof its officers,
to present its case before the Commission and plead on his behalf before the Commission;
[Explanation: A member of a statutory body means a practicing Charted Accountant, Company
Secretary or Cost and Works Accountant, Electrical Engineer.]
13.2
A legal practitioner appearing and acting in the proceedings on behalf of any personbefore the
Commission shall file a vakalatnama, duly executed by or on behalf of that personfor whom he
appears;
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13.3
Any person other than legal practitioner representing a party before the Commission shallfile a
memorandum of appearance in the form in Annexure-1 duly signed by him;
13.4
Any representative who is found to be guilty of misconduct in his profession by any authority
entitled to institute disciplinary proceedings against him shall be disqualified to represent before
the Commission;
13.5
The proceedings initiated before the Commission should be signed by the Managing Director or
a Director of the Company. Any other person signing the petition should have authorization from
the Board of Directors by a specific or general resolution;
Provided that the officer authorized to represent the Company shall not be below Deputy
General Manager lever in seniority.
14.
INITIATION OF PROCEEDINGS
14.1
The Commission may initiate any proceedings suo-motu or on a petition filed by anyaffected or
interested person;
14.2
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
including, inter alia, for serving of notices to concerned parties, for 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(s) involved in the proceedings in
such form as the Commission may direct;
14.3
While issuing the notice of 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:
a)
present the case of a party which cannot afford to engage its representative, or
b)
act as amicus curiae to assist the Commission in its proceedings;
15.
PETITIONS AND PLEADINGS BEFORE THE COMMISSION
15.1
All Petitions to be filed before the Commission shall be typewritten, lithographed or printed
neatly andlegibly on one side of white A4 sized paper and every page shall be consecutively
numbered. The Commission may in addition, seek a copy of Petition in electronic form (PDF or
MS Word format)on such terms and conditions, as the Commission may direct.Thecontents of
the petition shall be divided appropriately into separate paragraphs, which shall benumbered
serially. The petition shall be accompanied by such authenticated documents asrequired, listed
serially and marked as Annexures alphabetically in capital letters along withsupporting data and
statement(s);
15.2
The Utilities/ Licensees shall file the Business Plan & the MYT Petition at the beginning of a
Control Period and the Annual Performance Review as well as the True-up Petitions as per the
timelines specified in the relevant Regulations of the Commission. The MYT Petition shall be
filed based on the reasonable assumptions of the underlying financial and operational
parameters, as submitted in the Business Plan by the Utility/ Licensee.
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15.3
All petitions shall be accompanied with fees, as prescribed by the Commission under JSERC
(Fees, Fines & Charges) Regulations, 2024, as amended from time to time or any subsequent
enactment thereof.
15.4
All pleading shall set out clearly and concisely:
a)
a statement of the relief sought from the Commission; and
b)
reasons why the Commission should grant the requested relief;
16.
GENERAL HEADINGS
16.1
The general heading in all petitions before the Commission shall be in accordance withForm-1
(Annexure-2).
17.
AFFIDAVIT IN SUPPORT
17.1
Petitions or objections or counters filed shall be verified by an affidavit and every suchaffidavit
shall be in Form-2 (Annexure-3);
17.2
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 the affidavit and shall be
signed and sworn before a person lawfully authorized to take and receive affidavits. The
deponent shall furnish information with regard to any proceeding pending in any court of law or
tribunal or arbitrator or any other authority, wherein the deponent is a party and where issues
arising and/or relief sought are identical or similar to the issues arising in the matter pending
before the Commission;
17.3
Every affidavit shall clearly and separately indicate statements that are true to the
a)
Belief of the deponent;
b)
Knowledge of the deponent; and
c)
Information received by the deponent
17.4
Where any statement in the affidavit is stated to be true to the information received by
thedeponent the affidavit shall also disclose the source(s) of the information and a statement
thatthe deponent believes that information to be true;
17.5
Any person, Association, body, Corporate etc. gives false evidence intentionally in proceedings
before the Commission or fabricates evidence for the purpose of being used in proceedings shall
be liable for prosecution under section 229 of the Bharatiya Nyaya Sanhita, 2023.
18.
PRESENTATION AND SCRUTINY OF THE PETITION(S)
18.1
Seven sets of the petitions shall be filed and each set of the petition shall be complete inall
respects. The fees, as prescribed by the Commission, shall be payable along with the petition;
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18.2
All petitions and other documents shall be filed before the Secretary of the Commission at the
Office of the Commission during the working hours, on all working days. All petitions shall be
presented in person or by any duly authorized agent or representative at the headquarters or such
other filing centre(s) as may be notified by the Commission from time to time. The petitions may
also be sent by registered post with acknowledgement due to the Commission at the place
mentioned above;
18.3
The vakalatnama in favour of the Advocate in accordance with the provisions of law and, where
the petition is presented by the authorized agent, the document authorizing the agent shall be
filed along with the petition, if not already filed on the record of the case;
18.4
Upon receipt of the petition or other documents, the designated officer (the officer of the
Commission designated for the purpose) shall acknowledge the receipt by stamping and
endorsing the date of its receipt/presentation and shall issue an acknowledgement;
18.5
The designated officer shall affix the receipt stamp with the seal of the Commission on the first
page of all the copies and put his/her initials on the stamp for the purpose;
18.6
The designated officer shall enter the details thereof in the Diary Register prescribed as per
Annexure-4 and assign a diary number. The same diary number shall be entered on all the
copies of the documents so received;
18.7
The format of the receipt stamp shall be as under:
18.8
In case the petition is received by registered post, the date on which the petition is actually
received at the office of the Commission shall be taken as the date of presentation of the petition,
and the post or courier acknowledgement shall be considered as acknowledgement of receipt;
18.9
The presentation and receipt of the Petition shall be duly entered in a register maintained for the
purpose by the office of the Commission. Such register shall be maintained in the form and
manner as may be determined by the Commission, from time to time, showing serial no. of
Petition, date of its receipt, names and addresses of the parties, brief subject matter of the
Petition, claim/relief sought, interim relief sought, if any, approximate number of pages and date
of disposal with final result thereof;
18.10 The receiving officer may decline to accept the petition which is not in conformity with the
provisions of the Act and Regulations or directions given by the Commission or otherwise
defective or which is presented otherwise than in accordance with the Regulations;
Provided that no petition shall be refused for a defect in the pleading or in its presentation,
without giving an opportunity in writing to the person filing the petition to rectify the defect
within such time as may be given by the receiving officer for this purpose;
18.11 The receiving officer may be authorized by the Commission to carry out a preliminary scrutiny
of the petition, application or appeal, in order to ensure that it satisfies the following
requirements:
JSERC, Ranchi
Receipt No.
Date
Receiving Officer
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a)
The petition, application or appeal is couched in a decorous language befitting the nature
of the quasi-judicial proceedings and does not contain any reference which is
unbecoming in respect of any organization or agency or any person employed in
government, public or private sector; and be free from any insinuation, imputation and
allegation of a personal nature against any individual or functionary whether from
government, public or private sector.
b)
The receiving officer shall ensure that the petitions or applications or appeals are
registered only after carrying out the appropriate rectification of the defects pointed out
through letter notifying the defects.
c)
The receiving officer may return any application, petition or appeal which, prima facie is
totally unconnected with the Commission’s jurisdiction.
d)
The receiving officer may return any application, petition or appeal, if in another
proceeding before the Commission, the issue arising in such application, petition or
appeal has already been adjudicated between the same parties and in respect of the same
subject matter.
18.12 If on scrutiny any petition is found to be defective, the defects shall be notified to theparty
concerned by the designated officer, advising him/her to rectify the defects within 15(fifteen)
days. The letter for notifying the defects shall be in the form given in Annexure-5. Ifthe party
concerned rectifies the defects within 15 (fifteen) days, the petition shall beregistered. On failure
to remove defects within the time allowed, the Petition shall standdismissed.
18.13 In case office objection is contested but the Secretary is not satisfied or if the party concerned
otherwise fails to rectify defects within the prescribed time, the Secretary shall place the matter
before the Chairperson for appropriate orders;
18.14 A person aggrieved by any order of the designated officer in regard to the presentation of the
petition may request the matter to be placed before the Secretary of the Commission for
appropriate orders;
18.15 The copies of the petition to be given to the other parties have to be filed before the Commission
itself and the Commission may decide on sending a notice or otherwise and if required send such
copies to other parties along with a notice;
18.16 The Chairperson or any Member designated by him for the purpose shall be entitled to call for
the petition presented by the party and give such directions regarding the presentation and
acceptance of the petition as considered appropriate. In the event that the Commission has only
one Member then he/she shall exercise the same power.
18.17 If after scrutiny the petition is accepted by the Secretary or by the Chairperson or by the Member
of the Commission, the case may be duly registered and given a number in the manner specified
by the Commission. The case thus registered shall be placed before the Commission for
admission;
18.18 The Commission may admit the petition for hearing without requiring the attendance of the
Party provided that the Commission shall not pass an order refusing admission without giving
the party concerned an opportunity of being heard. The Commission may also desire to hear the
respondents;
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18.19 If the Commission admits the petition, it may give such orders and directions as may be deemed
necessary for service of notices to the respondent and other affected or interested parties for the
filing of replies and rejoinder in opposition or in support of the petition;
18.20 The Commission while ordering notice/publication shall determine dates for:
a)
Filing counter or objections
b)
Rejoinders if any to the counters or objections
c)
Hearing on the pleadings
The respondent(s) and/or third party(s) shall file their respective counters or objections on
orbefore the specified dates after serving a copy on the other parties to the proceedings;
19.
SERVING OF NOTICES AND PROCESSES ISSUED BY THE COMMISSION
19.1
Any notice or process to be issued by the Commission may be served under one or moreof the
following modes:
a)
Service by any of the parties to the proceedings as may be directed by theCommission;
b)
By hand delivery through a messenger, duly acknowledged;
c)
By registered/speed post with acknowledgement;
d)
By e-mail on the registered email-id along with mobile alerts on the phone number
registered with the Commission;
e)
By publishing in the newspaper in cases where the Commission is satisfied that it isnot
reasonably practicable to serve the notices, processes, etc., on any person in themanner
mentioned at (a) to (d) above;
f)
In any other manner as considered appropriate by the Commission.
19.2
The Commission shall decide, in each case, the persons who shall bear the cost for suchservice /
publication;
19.3
Every notice or process required to be served up 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 or at the place
where the person or his agent ordinarily resides or carries on business or personally works;
19.4
Where a party is not found at the address furnished by him to the Commission and after making
a reasonable enquiry, a notice shall be deemed to have been received if it is sent to the
addressee’s last known place of business or work, habitual residence or mailing address by
registered letter or by any other means including e-mail andShort Message Service (SMS) which
provides a record of the attempt to deliver the notice by the Commission. The communication is
deemed to have been received on the day it is so delivered;
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19.5
In any matter pending before the Commission where the person to be served has authorized an
agent or representative to appear for or represent him/her in the matter, such agent or
representative shall be deemed to be duly empowered to take service of the notices and processes
on behalf of the party concerned in all matters and service on such agent or representative shall
be taken as due service on the person to be served;
19.6
Where a notice is served by a party to the proceedings either in person or through registered post,
an affidavit of service shall be filed by such party with the Commission giving details of the date
and manner of service of notice(s) and process(s).
19.7
Where any petition is required to be published, it shall be done so within such time as the
Commission may direct and unless otherwise directed by the Commission, in one issue each of a
daily newspaper in the English Language and one newspaper in Hindi language having wide
circulation in the area specified by the Commission;
19.8
In default of compliance with the requirements of the Regulations or directions of the
Commission as regards the service of notices, summons or processes or the advertisement and
publication thereof, the Commission may either dismiss the petition or give such other further
directions as it thinks fit;
19.9
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 Commission is satisfied that such service is
in other respects sufficient. No proceeding shall be invalidated by reason of any defect or
irregularity unless the Commission, on an objection taken, is of the opinion that substantial
injustice has been caused by such defect or irregularity or there are otherwise sufficient reasons
for doing so;
20.
PUBLICATION OF PETITION
20.1
Where any application, petition or other matter is required to be published under the Actor as per
these Regulations or as per the directions of the Commission, it shall unless the Commission
otherwise orders or the Act or Regulations otherwise provide, be published not less than 7
(seven) days before the date fixed for hearing;
20.2
Except as otherwise provided, such publication shall give a heading describing the subject matter
in brief;
20.3
Such publication to be published shall be approved by the officer of the Commission designated
for the purpose;
21.
FILING OF REPLY, OBJECTIONS OR COMMENTS
21.1
Each person to whom the notice of enquiry or petition is issued (hereinafter called the
respondent) who intends to oppose or support the petition, shall file the reply and the
authenticated documents relied upon within such period and with specified number of copies as
may be fixed by the Commission. In the reply filed, the respondent shall specifically admit, deny
or explain the facts stated in the notice of inquiry or the petition and may also state such
additional facts as he considers necessary for proper adjudication of the case. There ply shall be
signed and verified and supported by 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 heard in person;
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21.2
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
Commission at the time of filing the reply;
21.3
The Petitioner may file rejoinder to the reply of respondent and documents relied upon, within
such period & in such number of copies, as may be fixed by the Commission. In such a case, the
Petitioner will furnish a rejoinder, along with the documents duly attested to be true copies, to
the respondent or his authorized representative and file a proof of such service with the office of
the Commission at the time of filing the rejoinder;
21.4
Where the respondent states additional facts as may be necessary for the decision of the case, the
Commission may allow the petitioner to file a 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;
21.5
Every person who intends to file objection or comments in regard to a matter pending before the
Commission pursuant to the advertisement and publication made for the purpose (other than the
persons to whom notices, processes etc., have been issued calling for reply) shall deliver to the
designated officer, the statement of the objections or comments with copies of the authenticated
documents and evidence in support thereof within the time fixed for the purpose;
22.
Hearing of the Matter
22.1
The Commission may determine the stages, manner, place, date and time of the hearing ofthe
matter as considered appropriate;
22.2
The Commission may decide the matter on the pleadings of the parties or may call for evidence
from the parties by way of affidavit or lead oral evidence in the matter;
a)
If the Commission directs evidence of a party to be led by way of an affidavit, the
Commission shall provide a reasonable opportunity for the other parties to counter the
same by way of affidavit;
b)
If the Commission directs evidence of a party to be led orally, the Commission shall
provide a reasonable opportunity to the other parties to the proceedings to cross-examine
the person adducing such oral evidence;
c)
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;
d)
The Commission may direct the parties to file written note of arguments or submissions
in the matter;
22.3
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;
22.4
The Petition filed before the Commission shall be dealt with expeditiously as possible and
endeavour shall be made by it to dispose of the petition finally within 120 (one hundred and
twenty) days from the date of admission of the petition:
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Provided that where any petition could not be disposed of within said period of 120 (one
hundred and twenty days), the Commission shall record its reasons in writing for not disposing
of the petition within the said period;
23.
POWER OF THE COMMISSION TO CALL FOR FURTHER INFORMATION,
EVIDENCE, ETC.
23.1
The Commission may, at any time before passing the orders on any matter, require any one or
more of the parties or any other person whom the Commission considers appropriate, to produce
such documentary or other evidence as the Commission may consider necessary for the purpose
of enabling it to pass orders;
23.2
The Commission shall, for the purposes of any inquiry or proceedings, have the powers as
arevested in a Civil Court under the Code of Civil Procedure, 1908 for the following matters:
a)
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;
b)
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;
c)
Receiving evidence on affidavits;
d)
Requisition of any public record from any court or office, examination by a designated
officer of the Commission, the books, accounts, other documents or information in the
custody or control of any person, which the Commission considers relevant to the matter;
e)
The issue of the Commission for the examination of witnesses;
f)
The appearance of parties and consequences for non-appearance;
g)
Grant of adjournments at the hearing;
24.
POWER OF SEIZURE
24.1
The Commission or any Officer authorized on its behalf, 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 from there
subject to provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita 2023. The
Commission may also exercise these powers if it has any reason to believe that any document
relevant to the inquiry or the proceedings pending before it may be destroyed, mutilated, altered,
falsified or secreted;
25.
REFERENCE OF ISSUES TO OTHERS
25.1
At any stage of the proceedings, the Commission shall be entitled to refer such issue(s) 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
specialized advice or opinion.
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25.2
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.
25.3
The Commission, if it thinks fit, may direct the parties to appear before the persons designated in
sub-clause (1) or (2) above to present their respective views on the issues or matters referred to.
25.4
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.
25.5
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 and shall be entitled to
take such decisions as it may consider to be appropriate.
25.6
The Commission may, if deems appropriate, refer matters to other agencies and bodies dealing
with consumer disputes, Competition Commission of India under the Competition Act, 2002,
and affairs of the licensee’s management and administration.
26.
PROCEDURE TO BE FOLLOWED WHERE ANY PARTY DOES NOT APPEAR
26.1
Where, on the date fixed for hearing or any other date to which such hearing may beadjourned,
any of the party or his authorized agent or representative does not appear despiteknowledge of
service when the matter is called for hearing, the Commission in its discretionmay:
a) dismiss the petition for default when the petitioner or the person who moves the
Commission for hearing is absent; or
b) proceed ex-parte against such party if he is the opponent, respondent or any other party,
and hear and decide the petition; or
c) dismiss the petition for default where neither the applicant nor the opponent appears for
the hearing.
Provided that no adjournment shall be given to either party or both after three consecutive
hearings from the date of initial notice, unless the Commission is satisfied that the claim for
further adjournment(s) is for bonafide and extraordinary reasons.
26.2
Where a Petition is dismissed in default or decided ex-parte, the person aggrieved may filean
application within 30 (thirty) days from the date of such dismissal or ex-parte proceeding,as the
case may be, for recall of the order passed. The Commission may recall the order onsuch terms
as it thinks fit, if the Commission is satisfied that there was sufficient cause for thenon-
appearance when the petition was called for hearing.
Provided that ex-parte orders passed by the Commission for default in appearance shall not be
recalled after posting the case for three consecutive times.
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26.3
Where the issue before the Commission requires to be decided on merit and either party or both
are not responding to the notices, the Commission may direct the office to publish a notice in a
newspaper having wide circulation and decide the issue on merits on the basis of the material
available on record.
27. CONTINUANCE OF PROCEEDINGS AFTER DEATH
27.1
Where in any proceedings, any of the parties to the proceedings dies or is adjudicated asan
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.
27.2
The Commission may, for reasons to be recorded, treat the proceedings as abated in case the
Commission so directs and dispenses with the need to bring the successors-in-interest etc., on the
record of the case.
27.3
In case any person wishes to bring on record the successors-in-interest etc., the application for
the purpose shall be filed within 90 (ninety) days or within the time fixed by the Commission in
each specific case from the event requiring the successors-in-interest to come on record.
28.
PROCEEDINGS TO BE OPEN TO PUBLIC
28.1
The proceedings before the Commission shall be open to the public;
Provided that admission to the hearing room shall be subject to availability of
sittingaccommodation;
Provided that the Commission, if it thinks fit and for reason to be recorded in
writing,order at any stage of the proceedings of any particular case that the public generally or
anyparticular person or group of persons shall not have access to or remain in the room
orbuilding used by the Commission.
28.2
In
accordance
with
Section
267
of
the
Bharatiya
Nyaya
Sanhita,
2023,
whoeverintentionallyoffers any insult or causes any interruption in any of the proceedings of the
Commission,shall be punishable with simple imprisonment for a term which may extend to six
months orwith fine which may extend to Rs. 5,000/-, or with both.
28.3
In accordance with Section 384 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where
anyperson intentionally offers insult or causes any interruption in the presence of
theCommission, the Commission may cause the offender to be detained in custody and may,
atany time before the raising of the bench on the same day take cognizance of the offence
andafter giving the offender a reasonable opportunity of showing cause why he should not
bepunished under this section, sentence the offender to fine not exceeding Rs. 1000/- and
indefault of payment of fine, simple imprisonment for a term which may extend to one
monthunless such fine is sooner paid.
28.4
If the Commission, in any case as referred to it, considers that a person accused of any ofthe
offences referred to these Regulations, should be imprisoned on account of default ofpayment of
fine, it may forward the case to a Magistrate having jurisdiction to try the sameand may require
security to be given for the appearance of such person before suchMagistrate or if sufficient
security is not given, shall send such person in custody to suchMagistrate.
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29.
ORDERS OF THE COMMISSION
29.1
On conclusion of hearing of the case before the Commission, the Commission shallpronounce
the orders in the open court or soon thereafter as may be practicable on some future day. In the
latter case, when the Commission fixes a future day for pronouncing theorders, due notices
intimating the date shall be served on the concerned parties.
29.2
The order shall be dated and signed by the Commission at the time of pronouncing it. Such
orders shall not be, afterwards, altered or added to unless and except there is anyclerical or
arithmetical error arising therein from any oversight or omission.
29.3
The order shall contain statement and counter statement of facts in brief, the points orissues for
determination, the decision thereon and the reasons for such decision. This willinclude
dissenting conclusion, if any, as specified in sub clause (4) below.
29.4
While giving the orders after hearing, if the Chairperson or any Member of theCommission
dissents, he shall give his dissenting conclusion with reasons. The orders of theCommission shall
be based on majority view of the Commission in accordance with these Regulations.
29.5
All orders and decisions issued or communicated by the Commission shall be certifiedunder the
Signature of the Secretary or an officer authorized in this behalf by the Commissionand bear the
official seal of the Commission.
29.6
When an application/ Petition for determination of tariff under Section 62 has been made by a
generating company or a licensee, the Commission shall issue a Tariff Order within 120 days of
the admittance of the application/ Petition by the Commission or the date of publication of gist
of the Petition in a newspaper as per relevant provisions of this Regulation, whichever is later.
29.7
Final Orders of the Commission shall be communicated to the parties in the proceedingsunder
the signature of the Secretary or an officer authorized in this behalf by theCommission. All
Orders of the Commission shall be available on the website of the Commission.
30.
INTERIM ORDERS
30.1
The Commission may pass interim orders as considered appropriate at any stage of
theProceedings. It may also do so when such interim orders are sought for by the
concernedparties.
31.
RECOVERY OF COSTS
31.1
Subject to such conditions and limitation as may be directed by the Commission, the costof and
incidental to all proceedings shall be awarded by a reasoned order of the Commissionand the
Commission shall have full power to determine by whom or out of what funds and towhat extent
such costs are to be paid and give all necessary directions for the aforesaidpurposes.
31.2
The costs shall be paid within 30 (thirty) days from the date of the order or within suchtime as
the Commission may direct by an order. The order of the Commission awarding costsshall be
executed in the same manner as the decree/order of a Civil Court.
31.3
The Commission may recover any cost or penalty imposed by it on any party or parties toany
proceedings, as land revenue in the event of any default committed by such party orparties,
within the time specified by the Commission.
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32.
INSPECTION OF RECORDS AND SUPPLY OF CERTIFIED COPIES
32.1
Records of every proceeding shall be open, as a matter of right, to the inspection of theparties or
their authorized representatives at any time either during the proceedings or afterthe orders are
passed subject to payment of fee and compliance with other terms.
32.2
Records of every proceeding, except those parts, which, for reasons specified by
theCommission, are confidential or privileged or otherwise not to be disclosed to any
person,shall be open to inspection by any person, other than the parties to the petition, either
duringthe proceeding or after the orders have been passed subject to such person complying
withsuch terms as the Commission may determine.
32.3
Terms and fee for inspection of records:
a)
The application for the inspection of the document shall be in the form in Annexure-6
and shall be accompanied by a fee, as specified in JSERC (Fees, Fines & Charges)
Regulations, 2024, as amended from time to time or any subsequent enactment thereof,
in the form of the Demand Draft in favour of Jharkhand State Electricity Regulatory
Commission, Ranchi or through online mode.
b)
The inspection of records shall be allowed on working days during the working hours
inthe presence of an officer authorized for that purpose, preferably between 14.30 hrs and
17.00hrs.
c)
The person inspecting the records shall not in any manner cause dislocation,mutilation,
tampering or damage to records in the course of inspection.
d)
The officer supervising the inspection may at any time prohibit further inspection, if inhis
opinion any of the records are likely to be damaged in the process of inspection and
shallimmediately, make a report about the matter to the Secretary/Commission and seek
furtherorders.
e)
A register for inspection of Records in the format as per Annexure-7 shall bemaintained.
32.4
Any person shall be entitled to obtain certified copies of the orders, decisions, directions given
by the Commission as well as the pleadings, papers and other parts of the records of the
Commission to which he is entitled, subject to payment of fee as per JSERC (Fees, Fines &
Charges) Regulations, 2024, as amended from time to time or any subsequent enactment
thereofand in accordance with the terms as given below.
Grant of Certified Copies:
a)
Every order granting, refusing or modifying interim relief and final order shall
becommunicated to the parties of the case, free of cost;
Provided that unless ordered otherwise by the Commission, a copy of the final
order may notbe sent to any party who has not entered appearance
b)
Any person desirous of obtaining a certified copy of any order of the Commission or
anydocument forming part of the record of proceeding before the Commission may
submit anapplication in the prescribed form as per Annexure-8.
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c)
The application for certified copy should be accompanied with the prescribed fee as
perJSERC(Fees, Fines & Charges) Regulations, 2024, as amended from time to time or
any subsequent enactment thereof, in the form of Demand Draft in favour of Jharkhand
State ElectricityRegulatory Commission, Ranchi or through online mode.
d)
A register for applications for certified copy(s) shall be maintained in the form
asprescribed in Annexure-9.
e)
As far as practicable, the certified copies shall be prepared in the order in which
theapplication are entered in the Register maintained for that purpose.
f)
An endorsement, as under, shall be affixed on the reverse side of the last page of
thedocument so copied:
i. S. No. of the application.
ii. Name of the applicant.
iii. Date of the presentation of the application.
iv. Number of pages.
v. Copying fee charged.
vi. Date on which the copy was ready.
vii. Date of delivery.
g)
The endorsement shall be made with the help of a rubber stamp prepared for thepurpose.
The entries shall be made in ink.
h)
An officer of the Commission shall be authorized to issue the certified copies, who
shallaffix his signature below the endorsement on the reverse side of the last page of the
certifiedcopy.
i)
In all the cases of supplying certified copies, whether supplied free of cost or on the
basisof the application submitted by the party, the authorized officer shall affix the seal
of theCommission on each page of the copy.
j)
The copying fee payable for obtaining a certified copy shall be as per
JSERC(Fees, Fines & Charges) Regulations, 2024, as amended from time to time or any
subsequent enactment thereof.
33.
NON-COMPLIANCE OF ORDERS AND DIRECTIONS
33.1
Where any complaint is filed before the Commission by any person or where the Commission is
satisfied that any person has contravened any provisions of the Act or rules or regulations made
thereunder. or any direction issued by the Commission, the Commission may after giving such
person an opportunity of being heard in the matter, by order in writing, direct that, without
prejudice to any other penalty to which he may be liable under the Act, such person shall pay, by
way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a
continuing failure with an additional penalty which may extend to six thousand rupees for every
day during which the failure continues after contravention of the first such direction.
33.2
Any amount payable under sub-regulation (0), if not paid, shall be recovered as if it were an
arrears of land revenue.
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Chapter iiI:
ARBITRATION OF DISPUTES
34.
ARBITRATION
34.1
The arbitration of disputes, arising between the licensees or licensee and generators under the
Act, which are within the scope of jurisdiction of the Commission may be commenced on an
application/ Petition made by any party to the dispute.
34.2
The Commission shall issue notice to the concerned parties to show cause as to why the disputes
between the parties should not be adjudicated and settled through arbitration.
34.3
The Commission may, after hearing the parties to whom notices have been issued and if satisfied
that no reason or cause has been shown against the proposed arbitration, pass an order directing
that the disputes be referred for adjudication and settlement through arbitration either by the
Commission or by a person or persons nominated by the Commission.
35.
NOMINATION OF ARBITRATORS
35.1
Where the Commission decides to refer the matter to arbitration by a person or persons other
than the Commission, the reference shall be:
a)
To a sole arbitrator, if the parties to the dispute agree on the name of the sole arbitrator;
or
b)
Where the parties are unable to agree on the name of the arbitrator: To a sole arbitrator to
be designated by the Commission or to a three person panel as the Commission may
direct taking into account the nature of the dispute and the value involved and, if the
decision is to refer to three arbitrators, one to be nominated by each of the parties to the
dispute and third by the Commission;
Provided that if any of the parties fail to nominate the arbitrator or if any
arbitrator nominated by the parties or the Commission, fails or neglects to act or continue
as arbitrator, the Commission shall be entitled to nominate any other person in his place.
35.2
The Commission shall not nominate a person as arbitrator to whom any of the parties to the
arbitration has a reasonable objection on grounds of possible bias or similar such reasons and the
Commission considers the objection to be valid and justified.
36.
PROCEDURE FOR ADJUDICATION; SETTLEMENT AND PASSING OF AWARD
36.1
Where the Commission acts as the arbitrator, the procedure to be followed shall be as far as
possible the same as in the case of hearing before the Commission provided in Chapter II of
these Regulations.
36.2
Where the Commission nominates an arbitrator or arbitrators to adjudicate and settle the
disputes, such arbitrator or arbitrators may follow such procedure as they may consider
appropriate, consistent with the principles of natural justice and fair opportunity to be given to,
the parties to arbitration and shall follow specific directions issued by the Commission.
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Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
36.3
The arbitrator or arbitrators, as the case may be shall, after hearing the parties pass an award
giving reasons for the decision on all issues arising for adjudication and forward the award
withrelevant documents to the Commission within such time as the Commission may direct.
36.4
The Commission shall give notice of the award given by arbitrator or arbitrators appointed by
theCommission to the parties concerned and shall give an opportunity to the parties to file
objectionsto the award and reply to the objections within such time as the Commission may
direct.
36.5
The Commission shall proceed to hear the parties on the award. The procedure to be followedby
the Commission shall be as far as possible the same as in the case of hearing before
theCommission provided for in Chapter II of these Regulations.
36.6
Provided that the hearing shall be confined to the objection raised to the award given by
thearbitrator.
36.7
The Commission shall be entitled to pass appropriate orders, as it thinks fit after giving an
opportunity of hearing to the parties.
37.
COST OF ARBITRATION AND PROCEEDINGS
37.1
The cost of the arbitration proceedings before the Commission shall be borne by such parties and
in such sums as the Commission may directapart from the fee paid to the Commission while
filing the Petition.
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Chapter iV:
Investigation, inquiry and collection of information
38.
COLLECTION OF INFORMATION
38.1
The Commission may make such order or orders as it thinks fit in terms of Section 96 of theAct
for collection of information, inquiry, investigation, entry, search, seizure and withoutprejudice
to the generality of its powers in regard to the following:
a)
The Commission may, at any time, direct the Secretary or any one or more officers
orconsultants or any other person as the Commission considers appropriate to study,
investigateor furnish information with respect to any matter within the purview of the
Commission.
b)
The Commission may for the above purpose give such other directions as it may deem
fitand specify the time within which the report is to be submitted or information
furnished.
c)
The Commission may issue or authorise the Secretary or any other officer to
issuedirections to any person to produce before it, the books, accounts, other records etc.,
forexamination or retention thereof by such officer and/ or to furnish the required
information tosuch officer.
d)
The Commission may, issue such directions as may be considered necessary, for
thepurpose of collecting any information, particulars or documents required for proper
dischargeof its functions.
e)
If any such report or information obtained appears to the Commission to be insufficient
orinadequate, the Commission or the Secretary or an officer authorised for the purpose
maygive directions for further inquiry, report and furnishing of information.
f)
The Commission shall specially authorize, the Secretary or any other officer to enter
anybuilding or place where there is reason to believe that any document or record relating
to thesubject matter of its inquiry or adjudication under the Act, may be found and to
seize or takeextracts or copies thereof.
39.
NOTICE OF INQUIRY
39.1
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 enquiry to be issued and proceed with
thematter in a manner provided under Chapter II of these Regulations.
40.
ASSISTANCE OF EXPERTS
40.1
The Commission may, at any time take the assistance of any Institution, Consultants,Experts,
Engineers, Chartered Accountants, Advocates, Surveyors and such other technicaland
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. TheCommission
may determine the terms and conditions for engagement of such professionals.
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40.2
If the report or information obtained in terms of the above Regulations or any part thereofis
proposed to be relied upon by the Commission forming its opinion or view in anyproceedings,
the parties in the proceedings shall be given a reasonable opportunity for filingobjections and
making submissions on the report or information.
CHAPTER V:
MISCELLANEOUS
41.
REVIEW OF THE DECISIONS, DIRECTIONS AND ORDERS
41.1
Any Person aggrieved by the direction, decision, or order of the Commission, from which (i) no
appeal has been preferred of (ii) from which no appeal is allowed, may, upon the discovery of
new and important matter or evidence which, after exercise of due diligence, was not within his
knowledge or could not be produced by him at that time when the direction, decision or order
was passed or on account of some mistake or error apparent from the face of the record, or for
any other sufficient reasons, may apply for review of such order, within thirty (30) days of the
date of the direction, decision or order, as the case may be, to the Commission.
41.2
The Commission may at any time, on its own motion may also, within 30 days of the making of
such decisions, or order, review its decision, directions or orders and pass such appropriate order
as the Commission deemed fir;
Provided that power to review by the Commission on its own motion under this clause
maybe exercised only for correction of clerical or arithmetical mistakes arising from
anyaccidental slip or omission.
41.3
An application for such review shall be filed in the same manner as a petition underChapter II of
these Regulations.
41.4
The application shall be accompanied by such fee, if any, as prescribed in JSERC (Fees, Fines &
Charges) Regulations, 2024, as amended from time to time or any subsequent enactment thereof.
42.
RECOGNITION OF CONSUMER ASSOCIATIONS
42.1
It shall be open to the Commission to permit any Registered Association/ Forum or otherbodies,
corporate or any group of consumers to participate in any proceedings before theCommission.
42.2
It shall be open to the Commission for the sake of timely completion of proceeding, todirect
grouping of the associations / forums, referred to above, so that they can makecollective
affidavits.
42.3
The Commission may recognize Associations, Group, Forum or Bodies corporate asregistered
Consumer Association for purposes of representation before the Commission.
42.4
The Commission may appoint any officer or any other person to represent the interest ofthe
consumer in general or any class or classes of consumers as the Commission mayconsider
appropriate.
42.5
The Commission may direct payment to the officer or person appointed to represent
theconsumers interest such fees, costs and expense by such of the parties in the proceedings
asthe Commission may consider appropriate.
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Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
42.6
Any Association or body corporate representing any consumer Group, which is desirousof being
recognized, may make an application to the Commission for recognition and theCommission
may after holding such inquiry as considered appropriate, recognize theAssociation, or bodies
corporate or any group of consumers may be permitted by theCommission to participate in any
proceedings before the Commission in such manner as theCommission considers appropriate.
42.7
An Association or body applying for recognition by the Commission should fulfill thefollowing
criteria:
a)
A consumer Association desirous of recognition should preferably be a society
registeredunder the Jharkhand Societies Registration Act or the Jharkhand Co-operative
Societies Act.
b)
It should be functional in its area of activity at least for a period of one year after
itsregistration.
c)
The area of operation of the Association should be spread at least in one district of
theState.
d)
One of the major works of the Association should be protection of the consumer
interestsas per its Constitution /Article and Memorandum of Association.
e)
It should have experience of representation of Consumers interest before various
Forums/Agencies including those relating to the electricity sector.
43.
INSPECTION OF COMMISSION’S RECORDS ANDCONFIDENTIALITY
43.1
Records of the Commission, except those parts which for reasons specified by theCommission
are confidential or privileged, shall be open to inspection by all, subject to thepayment of fee as
per JSERC (Fees, Fines & Charges) Regulations, 2024, as amended from time to time or any
subsequent enactment thereof,and on compliance with the terms asspecified by the Commission
in these Regulations.
43.2
The Commission may provide for the supply of the certified copies of the documents andpapers
available with the Commission to any person as per the conditions specified by theCommission
in these Regulations.
43.3
The Commission may, by order, direct that any information, documents, other papers
andmaterials in the possession of the Commission or any of its officers, Consultants, which
arerequired by law or for other reasons specified to be kept confidential or privileged, shall notbe
available for inspection or supply of copies, and the Commission may also direct that
suchdocuments, papers or materials shall not be used in any other manner except as
specificallyauthorised by the Commission.
44.
ISSUE OF ORDERS AND DIRECTIONS ON PROCEDURES
44.1
Subject to the provisions of the Act and these Regulations, the Commission may, from timeto
time, issue orders and directions in regard to the implementation of the Regulations
andprocedure to be followed.
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Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
45.
SAVING OF INHERENT POWER OF THE COMMISSION
45.1
Nothing in these Regulations shall be deemed to limit or otherwise affect the inherentpower of
the Commission to make such orders as may be necessary for ends of justice or toprevent the
abuse of the process of the Commission.
45.2
Nothing in these Regulations shall bar the Commission from adopting in conformity withthe
provisions of the Act, a procedure, which is at variance with any of the provisions ofthese
Regulations, if the Commission, in view of the special circumstances of a matter orclass of
matters and for reasons to be recorded, in writing, deems it necessary or expedient fordealing
with such a matter or class of matters.
45.3
Nothing in these Regulations shall, expressly or impliedly bar the Commission to deal with any
matter or exercise any power under the Act for which no Regulation have been framed, and the
Commission may deal with such matters, with powers and functions in a manner it thinks fit.
46.
GENERAL POWER TO AMEND
46.1
The Commission may, at any time and on such terms as to costs or otherwise, as it may think fit,
amend any defect or error in any proceeding before it, and all necessary amendments shall be
made for the purpose of determining the real question or issue arising in the proceedings.
47.
POWER TO REMOVE DIFFICULTIES
47.1
If any difficulty arises in giving effect to any of the provisions of these Regulations, the
Commission may, by general or special order, do anything not being inconsistent with the
provisions of the Act, which appears to it to be necessary or expedient for the purpose of
removing the difficulties.
48.
POWER TO DISPENSE WITH THE REQUIREMENTS OF THE REGULATIONS
48.1
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.
49.
EXTENSION OR ABRIDGEMENT OF TIME PRESCRIBED
49.1
Subject to the provisions of the Act, the time prescribed by these Regulations or by order ofthe
Commission for doing any act may be extended (whether it has already expired or not)
orabridged for sufficient reason by order of the Commission.
50.
EFFECT OF NON-COMPLIANCE
50.1
Failure to comply with any requirement of these Regulations shall not invalidate anyproceeding
merely by reason of such failure unless the Commission is of the view that suchfailure has
resulted in miscarriage of justice.
51.
ENFORCEMENT OF ORDERS PASSED BY THE COMMISSION
51.1
The Secretary shall ensure enforcement and compliance of the orders passed by theCommission,
by the persons concerned in accordance with the provisions of the Act andRegulations and if
necessary, may seek the orders of the Commission for directions.
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Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
52.
REGULATIONS TO BE IN ADDITION TO AND NOT IN DEROGATION OF OTHER
LAWS
52.1
These Regulations are in addition to and not in derogation of any provision laid under the Act,
rules or regulations framed thereunder or under any other laws.
53.
COGNIZANCE OF OFFENCE
53.1
No court shall take cognizance of an offence punishable under the Act except upon acomplaint,
in writing, made by the Commission or by any other officer duly authorised by theCommission
for this purpose.
54.
COMPETITION, EFFICIENCY AND ECONOMY
54.1
The Commission, in all its endeavours shall bring in measures of competition, efficiency
andeconomy in the activities of electricity industry in Jharkhand, as envisaged in Section 86
ofthe Act. Towards this end, it will strive to introduce more players in the activities of
electricalindustry, enforce functional and financial efficiency measures and ensure that both
theproducers and consumers derive economic advantage.
REPEAL AND SAVINGS
55.1
The Regulations namely “JSERC (Conduct of Business) Regulations, 2016” read with all
amendments thereto, as applicable to the subject matter of these Regulations are hereby
superseded.
55.2
Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent powers of
the Commission to make such orders as may be necessary for ends of justice to meet or to
prevent abuses of the process of the Commission.
55.3
Nothing in these Regulations shall, expressly or impliedly, bar the Commission dealing with any
matter or exercising any power under the Act for which no Regulations have been framed, and
the Commission may deal with such matters, powers and functions in a manner it thinks fit.
By order of the Commission,
(Rajendra Prasad Nayak)
Secretary
JharkhandState Electricity Regulatory Commission
29
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-1: memorandum of appearance
(See Clause 0 of these Regulations)
Before the Jharkhand State Electricity Regulatory Commission, Ranchi
Case No. _____ of _____ (year)
In the matter of
……………………………….
Petitioner(s)
Versus
……………………………….
Respondent(s)
Memo of Appearance
I, ………………………………. practicing/working as ………………………………. having been
authorised by ………………………………. (particulars of the person authorising), hereby enter
appearance on behalf of ………………………………. and undertake to plead and act for him/it in all
matters in the aforesaid case.
Place: ……………………………….
Date: ……………………………….
Address for Correspondence:
Signature & Designation
30
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-2: General Headings for proceedings
Form 1 (See Clause 0 of these Regulations)
Before the Jharkhand State Electricity Regulatory Commission, Ranchi
Case No. _____ of _____ (year)
(To be filled by the Office)
IN THE MATTER OF:
(Gist and the purpose of the petition or application)
AND
IN THE MATTER OF:
(Name(s) and full address of the petitioner(s)/applicants and name(s) and full address(s) ofthe
respondent(s))
Details of Enclosures:
(i).
(ii).
(iii).
(iv).
and so on…
31
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-3: Affidavit in support
Form 2 (See Clause 0 of these Regulations)
Affidavit
Before the Jharkhand State Electricity Regulatory Commission, Ranchi
Case No. _____ of _____ (year)
(To be filled by the Office)
IN THE MATTER OF:
(Gist and the purpose of the petition or application)
AND
IN THE MATTER OF:
(Name(s) and full address of the petitioner(s)/applicants and name(s) and full address(s) of the
respondent(s))
I, ………………………………. Son of ………………………………. aged ……. residing at
……………………………….
Police
Station
……………………………….
District
………………………………. do hereby solemnly affirm and state as follows:
1. That I am working as ………………………………. in the office of the petitioner and am duly authorised by
the petitioner to swear this affidavit
2. That I solemnly affirm at………. on this day of……. that
(i). The contents of the above petition are true to my knowledge and I believe that no part of itis
false and no material has been concealed there from.
(ii). That the statements made in paragraphs…….. of the petition are true to my knowledgeand those
made in paragraphs…….. are based on information derived from the records of thecase which I
believe to be true and rest of the paragraphs are by way of submissions.
Identified before me by:
32
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-4: diary register
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
S. No.
Diary No.
Date of Filing
Petition No.
Name and Address of the
Petitioner
Name and Address of the
Respondent
1
2
3
4
5
6
Subject Matter
of the Petition
Date of
Admission
Particulars of
Interim Orders
Passed, if any
Date and
Particulars of
Final Order
Details of
Appeal, if any,
filed in Appellate
Tribunal
Remarks
7
8
9
10
11
12
33
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-5: letter for notifying deffects
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
No …….…………….
Date …….…………….
Subject: Scrutiny of the Petition – Defects therein
Dear Sir,
I am directed to refer to the petition filed on.........................on the subject noted aboveand to inform you
that on scrutiny the following defects have been pointed out:
1. The petition is not in the form prescribed in Jharkhand State Electricity Regulatory Commission
(Conduct of Business) Regulation 2024.
2. The name, description and address of the parties have not been furnished in the cause title.
3. The following necessary parties have not been impleaded:
(i).
(ii).
4. The petition has not been signed.
5. The petition has not been verified through an affidavit.
6. The affidavit is not in the form prescribed in JSERC’s Conduct of Business Regulation.
7. The affidavit has not been signed and sworn before a competent authority.
8. Seven copies of the affidavit were to be field which has not been done.
9. The copies of the petitions are not complete.
10. English/Hindi translation of the documents and other materials contained in a languageother than
English/Hindi have not been filed.
11. The copies of the documents are not readable and attested.
12. Authenticity of English/Hindi translation of the document has not been furnished.
13. The Vakalatnama/Letter of authorisation has not been filed.
14. The Vakalatnama is not properly executed and necessary court fee has not been paid.
15. The prescribed fee for the petition/application has not been deposited.
16. The index of document has not been filed.
17. The pagination of the document has not been done properly.
You are requested to rectify the defects within 15 days from the date of issue of this letter,failing which
the petition shall be deemed to have been rejected.
Yours faithfully
34
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-6: application for inspection of documents / records
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
Case No. _____ of _____ (year)
……………………………….
Petitioner(s)
Versus
……………………………….
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:
1. Name and address of person seeking permission
2. Whether he is party to the case or he is authorised representative of any party.
3. Details of papers/document to be inspected
4. Purpose for the inspection
5. Date and duration of the inspection sought
6. Amount of fee payable and the mode of payment
Signature
Place:
Date:
Office use:
Permission granted / rejected for inspection on ………………………………
Secretary
35
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-7: register for inspection of records
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
Register for Inspection of Records
S. No.
Name of the
Applicant
Date of
Application
Records to be
Inspected
Purpose of
Inspection
Amount Paid with
Particulars of DD
no. Date and Bank
1
2
3
4
5
6
Date on which Inspected
Official in whose Presence
Inspection Took Place
Signature of All Inspecting
the Records
Remarks
7
8
9
10
36
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-8: application for grant of certified copy
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
Case No. _____ of _____ (year)
……………………………….
Petitioner(s)
Versus
……………………………….
Respondent(s)
Application for Grant of Certified Copy
1. Name and address of applicant(s):
2. Whether the applicant(s) is/are party(s) to the case
3. Whether the case is pending or disposed of
4. Description with date of document(s) of which copy(s) is/are applied for
5. Number of copies required
6. Amount of fee deposited and mode of payment
Signature
For Office Use Only
Request granted / rejected
Additional Copying Charges
Payable/ paid and Details Thereof
Secretary
37
Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024
Annexure-9: Register for Certified Copy(s)
(See Clause 0 of these Regulations)
Jharkhand State Electricity Regulatory Commission
1st Floor, Jharkhand State Housing Board (Old Headquarter)
Harmu Housing Colony, Ranchi - 834002
Telephone: 0651 – 3167653
Register for Certified Copy(s)
S. No.
Name of the
Applicant
Date of
Application
Diary No. of
Application
Particulars of the
Documents for which
Copy is Required
Amount
Received
1
2
3
4
5
6
Details of
Demand
Draft
No. of Pages
Additional
Amount and
Details of DD,
if any
Date
Preparation of
Certified Copy
Date of
Delivery
Signature of
the Recipient
with Full
name and
Address
Remarks
7
8
9
10
11
12
13
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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.
Jharkhand Gazette (Extraordinary) 756-- 50.