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Section 9

The Electricity Regulatory Commissions Ordinance, 1998Ordinance · 1998

(1) The Central Commission shall meet at the head office or any of its offices at such times as the Chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by regulations.

(2) The Chairperson or, if he is unable to attend a meeting of the Central Commission, any other Member nominated by the Chairperson in this 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.

(3) All questions which come up before any meeting of the Central Commission shall be decided by a majority of votes of the Members (including the Member ex-officio) present and voting, and in the event of an equality of votes, the Chairperson or the person presiding shall have the right to exercise a second or casting vote.

(4) Save as otherwise provided in sub-section (3), every Member of the Board shall have one vote.

(5) All orders and decisions of the Central Commission shall be authenticated by the Secretary or any other officer of the Central Commission duly authorised by the Chairperson in this behalf.

10. No act or proceedings of the Central Commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Central Commission.

Officers of the Central Commission and other staff.

Proceedings of the Central Commission.

Vacancies, etc., not to invalidate the proceedings of the Central Commission.

SEC. 1] GAZETTE OF INDIA EXTRAORDINARY 7

11. The expenses of the Central Commission including all salaries and Allowances payable to or in respect of the Chairperson and the Members of the Central Commission shall be charged upon the Consolidated Fund of India.

12. The Central Commission shall, for the purposes of any inquiry or proceedings under this Ordinance have the powers as are vested in a Civil Court under me Code of Civil Procedure, 1908 in respect of the following nutters, namely,—

(a) the summoning and enforcing of attendance of any witness and examining on oath;

(b) the discovery and production of any document or other material object producible as evidence;

(c) the reception of evidence on affidavits;

(d) the requisition of any public record;

(e) the issue of commission for examination of witnesses;

(f) any other matter which may be prescribed.

CHAPTER III POWERS AND FUNCTIONS OF THE CENTRAL COMMISSION

13. The Central Commission shall discharge all or any of the following functions, namely:—

(a) to regulate (he tariff of generating companies owned or controlled by me Central Government;

(ft) to regulate the tariff of generating companies, other than those owned or controlled by the Central Government specified in clause (a), if such generating companies enter into or otherwise have a composite scheme for generation and sale of electricity in more than one State;

(c) to regulate,—

(i) the Inter-state transmission of energy including tariff of the transmission utilities;

(ii) conveyance of energy by means of a main transmission line from the territory of one State to the territory of another State;

(iii) conveyance of energy across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of energy;

(iv) the transmission of energy within the territory on a system built, owned, operated, maintained or controlled by a central transmission utility or by any person Powers of the Central Commission.

Expenses of Central Commission to be charged on Consolidated Fund of India.

5 of 1908.

8 GAZETTE OF INDIA EXTRAORDINARY [PART II— under the supervision and control of a central transmission utility.

(d) to promote competition, efficiency and economy in the activities of the electricity industry;

(e) to aid and advise the Central Government in the formulation of tariff policy which shall be,—

(i) fair to the consumers;

(ii) facilitate mobilisation of adequate resources for the power sector;

(f) to associate with the environmental regulatory agencies to develop appropriate policies and procedures for environmental regulation of the power sector;

(g) to frame guidelines in matters relating to electricity tariff;

(h) to arbitrate or adjudicate upon disputes involving generating companies or transmission utilities in regard to matters connected with clause (a) to (c) above;

(i) to aid and advise the Central Government on any other matter referred to the Central Commission by that Government.

Where this provision sits

ActThe Electricity Regulatory Commissions Ordinance, 1998
Section9
StatusIn force as published by the source

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