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NEW DELHI,
MONDAY, AUGUST 30, 1999
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CENTRAL ELECTRICITY REGULATORY COMMISSION
NOTIFICATION
New Delhi, the 27th August, 1999
No. 8/ (1)/99/CERC. - In exercise of
power conferred under Regulation 110 of the Central Electricity Regulatory Commission
(Conduct of Business) Regulations, 1999, and all other powers enabling in this behalf, the
Central Electricity Regulatory Commission hereby makes the following order :
Short title and commencement
(i) This order shall be called the Central
Electricity Regulatory Commission (Miscellaneous Provisions) Order 1999
(ii) This shall be deemed to have come into force
on 26th April, 1999, the date of the publication of Central Electricity
Regulatory Commission (Conduct of Business) Regulations 1999 in the official gazette.
(iii) The words and expressions used in this order
shall have the same meaning as defined in the Electricity Regulatory Commissions Act 1998
and the Central Electricity Regulatory Commission (Conduct of Business) Regulations 1999.
Place of Office and working hours of the
Commission
The Head Office of the Commission, until further order shall be
located at Core 3, 5th Floor, Scope Complex, Lodi Road, New Delhi - 110 003. The working
hours of the Commission shall be between 9.30 a.m. to 6.00 p.m., with lunch break from
1.30 p.m. to 2.00 p.m.
Authentication of Orders
In addition to the Secretary, the Bench Officer shall be
competent to authenticate the judicial orders of the Commission.
Seal of the Commission
The official seal of the Commission shall be
as under:
Presentation of Petitions, applications,
replies etc.
All petitions, applications, replies etc. and other
documents shall be filed before the Bench Officer at the Head Office of the Commission
during the working hours, on all working days.
Authority to represent before the Commission
(i) A person who is a party to any
proceedings before the Commission may either appear in person or may authorise a legal
practitioner or any other professional who is a member of a statutory body or any of its
officers to present its case before the Commission and to do all or any of the acts for
the purpose.
Explanation: A member of a Statutory body means a practising Chartered
Accountat, Company Secretary or Cost and Works
Accountant.
(ii) A legal practitioner appearing and acting in
the proceedings on behalf of any person before the Commission shall file a Vakalatnama,
duly executed by or on behalf of the person for whom he appears.
(iii) Any person other than a legal practitioner
representing a party before the Commission shall file a Memorandum of Appearance, in the
form in Annexure I, duly signed by him.
Seal
of the Commission with receipt stamp
(i) The person receiving the petition,
application, reply or other documents, who shall be Bench Officer shall affix the receipt
stamp with the seal of the Commission on the first page of all the copies and put his
initials on the stamp.
(ii) The person receiving the petition,
application, reply, or other documents shall enter the details thereof in the Diary
register prescribed, as per Annexure II and assign a diary
number: The same diary number shall be entered on all the copies.
(iii) The format of the receipt stamp shall be as under:
Communication of defects
(i) If on scrutiny, any, petition, application or pleading
is found to be defective, the defects shall be notified to the party concerned, advising
him to rectify the defects within a specified time. A standard letter for notifying the
defects shall be in the form as per Annexure III.
(ii) If the party concerned rectifies the defects within
the time granted, the petition shall be registered and placed before the Commission.
(iii) In case the party contests the office objection but
the secretary is not satisfied or if the party concerned otherwise fails to rectify them
within the time granted, the Secretary shall place the matter before the Chairman for
appropriate order.
Grant of Certified copies
(i) Every order granting, refusing or modifying interim
relief and final order shall be communicated to the parties to the petition free of cost.
Provided that unless ordered otherwise by the Commission, a
copy of the final order may not be sent to any party who has not entered appearance.
(ii) Any person desirous of obtaining a
certified copy of any order of the Commission or any document forming part of the record
of proceedings before the Commission, may submit an application in the prescribed form as per Annexure
IV.
(iii) The application for certified copy shall be accompanied by
the fee of Rs. 50/-in the form of Demand Draft/Pay Order in favour of Asstt. Secretary,
Central Electricity Regulatory Commission, New Delhi.
(iv) A Register of Copy Applications shall be maintained in the
form as prescribed in Annexure V.
(v) As far as practicable, the certified copies
shall be prepared in the order in which the applications are entered in Register of Copy
Applications.
(vi) The certified copies shall be prepared by photocopying
process or by typing and when the copy is so made, it shall be compared by the person
preparing the copy, to satisfy himself that the copy prepared faithfully and legibly
reproduces the document desired.
(vii) An endorsement as under shall be affixed on
the reverse of the last page of the document:
(i) Sl. No. of the application
(ii) Name of the applicant
(iii) Date of presentation of the application
(iv) No. of pages
(v) Copying fee charged
(vi) Date on which copy is ready
(vii) Date of delivery
(viii) The endorsement shall be made with the help
of a rubber stamp got prepared for the purpose. The entries shall be made in ink.
(ix) The Bench Officer of the Commission shall be
authorised to issued the certified copies. He shall affix his signature below the
endorsement on the reverse of the last page of the certified copy.
(x) In all cases of supplying certified copies,
whether supplied free or on the basis of the application submitted by the party, the Bench
Officer shall cause to affix the seal of the Commission on all pages of the copy. He shall
also append a certificate as under and affix his initials on the last page of the document
:
Certified True Copy
(xi)The copying fee payable for obtaining a
certified copy shall be Rs 3/- per page irrespective of number of words / lines in each
page.
Inspection of Records
(i) The application for inspection of documents
shall be in the form in Annexure VI and shall be accompanied by
a fee of Rs. 100/- for each inspection for one day in the form of Demand Draft/Pay Order
in favour of Asstt. Secretary, Central Electricity Regulatory Commission, New Delhi.
(ii) The inspection of records shall be allowed on
working days during working hours in the presence of an officer authorised for that
purpose, ordinarily during 1430 hours to 1630 hours on any working day of the Commission
(iii) The person inspecting the
records shall not in any manner cause dislocation, mutilation, tampering or damage to records in the course of inspection
(iv) The officer supervising the inspection may at any time
prohibit further inspection, if in his opinion any of the records are likely to be damaged
in the process of inspection and shall immediately, make a report about the matter to the
Secretary and seek further orders on the matter.
(v) A Register for inspection of Records in the format as per Annexure VII shall be maintained.
Fee on petitions, applications, etc.
(i) Every petition/application filed before the Commission shall
be accompanied by fee specified in the schedule.
Provided that RLDCs and the Consumer Groups registered with the
Government of India are exempt from payment of fee prescribed.
(ii) The fee shall be payable by means of demand draft/pay order
drawn in favour of Asstt. Secretary, Central Electricity Regulatory Commission.
(iii) The fee received shall be
entered into the register prescribed for the purpose in the form as per Annexure VIII.
SANJEEV S. AHLUWALIA Secy.
[Advt./III/IV/Exty./150/99]
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