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Government of Kerala

2014

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KERALA GAZETTE

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PUBLISHED BY AUTHORITY

Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2012-14

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Thiruvananthapuram,

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Vol. III

2014 sk]v‰w-_¿ 23

23rd September 2014

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No.

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PART IV

Private Advertisements and Miscellaneous

Notifications

KERALA STATE ELECTRICITY REGULATORY

COMMISSION, THIRUVANANTHAPURAM

NOTIFICATION

No. 581/CL/KSERC/2014.

Thiruvananthapuram, 7th August 2014.

In exercise of the powers conferred by sub-section (1)

of Section 181 of the Electricity Act, 2003 (Central Act 36

of 2003), and all other powers enabling it in this behalf

and after previous publication, the Kerala State Electricity

Regulatory Commission hereby makes the following

Regulations to amend the Kerala State Electricity

Regulatory Commission (Conduct of Business)

Regulations, 2003, namely:—

REGULATIONS

1. Short title and commencement.—(1) These

regulations may be called the Kerala State Electricity

Regulatory Commission (Conduct of Business)

Amendment Regulations, 2014.

(2) They shall come into force on the date of

publication of the same in the official Gazette.

2. Amendment of regulations.—In the Kerala State

Electricity Regulatory Commission (Conduct of Business)

Regulations, 2003,—

(i) for Regulation 67, the following regulation shall

be substituted, namely:—

“67. Powers of review,—

(1) Any person or party affected by a decision,

direction or order of the Commission may, within forty

five days from the date of making such decision, direction

or order apply for the review of the same.

ii

(2) An application for such review shall be filed in

the same manner as a petition under Chapter III of these

regulations.

(3) The Commission may after scrutiny of the

application, review such decisions, directions or orders

and pass such appropriate orders as the Commission

deems fit within forty five days from the date of filing of

such application:

Provided that the Commission may, at its

discretion, afford the person or party who filed the

application for review, an opportunity of being heard and

in such cases the Commission may pass appropriate

orders as the Commission deems fit within thirty days

from the date of final hearing:

Provided further that where the application for

review cannot be disposed of within the periods as

stipulated, the Commission shall record the reasons for

the additional time taken for disposal of the same”.

(ii)

Insertion of new regulation.—The following

new regulation shall be inserted after regulation 67 of the

regulations, namely:—

“67 A. Amendment of orders.—Clerical or

arithmetical mistakes in the orders or errors arising therein

from any accidental slip or omission may at any time be

corrected by the Commission either on its own motion or

on an application of any of the parties”.

By order of the Commission,

MATHEW KURIEN, K.,

Secretary.

Explanatory Note

(This does not form part of the notification, but is

intended to indicate its general purport.)

While disposing IA No. 66 of 2014 in DFR No. 73 of

2014 between the Kerala State Electricity Board Limited

and the Kerala State Electricity Regulatory Commission,

the Appellate Tribunal for Electricity has directed the

Kerala State Electricity Regulatory Commission to frame

suitable regulation fixing the time frame for disposal of the

review petitions so that the parties who are aggrieved by

the order of the State Commission could file appeals

before the Tribunal as early as possible. The present

regulation 67 of Kerala State Electricity Regulatory

Commission (Conduct of Business) Regulations, 2003 is

very vast and beyond the scope of section 94 of the

Electricity Act, 2003. Hence the Commission has decided

to amend regulation 67 of the Kerala State Electricity

Regulatory Commission (Conduct of Business) Regulation,

2003, suitably. Accordingly a draft of the Kerala State

Electricity Regulatory Commission (Conduct of Business)

Amendment Regulations, 2014 has been published for

obtaining suggestions and objections from the general

public. Now the Commission has decided to notify the

final regulations.

This notification is intended to achieve the above

purpose.