(1) The Commission may from time to time hold such proceedings as it may consider to be appropriate in the discharge of its functions under the Act.
(2) The Commission may appoint an officer or any other person whom the Commission considers it to be appropriate to participate and assist the Commission in the proceedings.
(3) All matters which the Commission is required under the Act to undertake and discharge through hearings shall be done through hearings in the manner specified under the Act and in these regulations.
(4) Except where the Commission may provide otherwise for reasons to be recorded in writing, all matters affecting the rights or interests of the licensee or any other person or class of persons shall be undertaken and discharged through hearings in the manner specified in these regulations.
(5) The Commission may hold hearings in matters, other than those specified in sub – regulations (3) and (4), if the Commission considers it to be appropriate.
(6) The Commission may hold consultations with the parties or any one or more of them before deciding on the initiation of a proceedings in any matter.
1 [9-A. Distribution of Business amongst Benches and transfer of cases from one Bench to another.- (1) Where Benches are constituted, the Chairperson may, from time to time, by order, make provisions as to the distribution of the business of the Commission amongst the Benches and also provide for the matters which may be dealt with by each Bench.
(2) On the application of any of parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other Bench.
9-B. Decision to be by majority.- If the Members of a Bench of the Commission consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson, who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Commission and such point or points shall be decided according to the opinion of the majority of the Members of the Commission, who have heard the case including those who first heard it, but in such cases the Chairperson or the Member presiding over a bench shall not exercise a second or casting vote.
9-C. Quorum and sittings.- (1) The quorum for proceedings before the Commission shall be two 2 [among the three Members]:
3[Provided that where the Commission is “Two Member Commission” the single Member shall constitute the quorum:]
Provided 4 [further] that in the case of a proceeding to review any decision taken by the Commission or its Bench or for consideration of any issue, which could not be 1 Regulations 9-A to 9-D has been ins. vide not. No. HPERC/151/2007 dated 14 th January, 2008, published in the R.H.P. dated 15 th January, 2008 at p. 11495-11498.
2 Ins. vide not. No. HPERC/Secy/151 dated 4 th January, 2019, published in the R.H.P. dated 7 th January, 2019 at p. 7372-7376.
3 Proviso inserted vide not. No. HPERC/Secy/151 dated 4 th January, 2019, published in the R.H.P.
dated 7 th January, 2019 at p. 7372-7376.
4 Ins. vide not. No. HPERC/Secy/151 dated 4 th January, 2019, published in the R.H.P. dated 7 th January, 2019 at p. 7372-7376.
8 decided on account of equality of votes, all the Members being personally present shall constitute the quorum for such meeting.
(2) The Chairperson or if he is unable to attend a meeting of the 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 among themselves, shall preside at the meeting.
(3) All questions which come up before any meeting of the full Commission shall be decided by a majority of votes of the Members present 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-regulation (3) every Member shall have one vote.
9-D.Attendance by Members and voting.- No Member shall exercise his vote on a decision, unless he is present during all the substantial hearings of the Commission on such matter.]