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1. Published in Jharkhand Gazette (ex. ord.} dated 18.10.2003. mission. In exercise of the power conferred under Regulations 20, 34 and 46 · of Jharkhand State Electricity Reg81atory Commission (Conduct of Business) Regulation 2003 and all· other power enabling in this behalf, the Jharkhand State Electricir, Regulatory Commission hereby make following order:- stamp.
8. Communication of defects.
9. Grant. of certified copies.
10. Inspection of Records.
11. Fee on petition, application ci. ·
SCHEDULE ANNEXURE 7 .. Seal of the Commission with receipt 1. Short title and commen~ement.
2. Place of office and working hours of the Commission.
3. Authentication of orders.
4. Seal of the Commission.
5. Presentation of petitions, applications, replies etc.
6. Aut11ori1y ,,, represent before the Com- Jharkhand State Electricity Regulatory }f Commission (Miscellaneous Provisions) ';i[~ Order 2003]1 1-£, I CONTENTS I . J I. : ·140] .Jharkhanr; Local Acts f Clauses 1L7 t. Short title anc commencement.-(i) This Order shall ~e called t~e Jl1arkhan~ State Electricity Regulatory (i\tliscellaneous Provisions) Order, 2003. I
(i)This shall be deemed to have come into effect on 10.07.2003 the date of the publication of Jharkhand State Electricity Regulatory Commission (Conduct jof Business) Regulation, 2003. J I
(ii) The words and expressions used in this Order shall have the $arpe meaning as defined in Electricity Act, 2003 and the Jharkhand State Electric·rty Regulatory Commission) Conduct of Business) Regulation, 2003. I
2. Place of office and working hours of the Commission.-The headoffi!e of the Corn mission, until further order shall be located at 2nd Floor, Rajendra J~w n Bhawan Sainik Bazar, Main Road, Ranchi, 834 001. The working hours ·qf t e Commission shall in between 10.00 to 5.00 pm with lunch break from 1.00 pm to
1.30 pm (from 1st October to 31st March it will be between 10.30 am to 5.00 pm with same lunch break). . ! I
3. Authentication of orders.-ln addition to the Secretary, the officer who will · be authorised to authenticate the judicial orders of the Commission will be intimated separately. i' . I
4. Sl:!a! of the Conimission.-The Official seal of the Commission shall pe as under. I j
5. Presentation of petitions, applications, replies etc.-AII the petifio s. applications, replies etc. and other documents shall be filed before the Secre.ary of the Commission in the Office of the Commission during the working hours, bn all , I working days. 1 :
6. Authority to represent before the Commission . ......:.,(i) A person, whb iJ a _ party to any proceeding before the Commission may either appear in person or mky authorise any other professional, who is a member of a statutory body or any. of i,ts officers to present its case before the Commission and do all o, any of the acts ~or the purpose. ; [Explanation.-A member of a statutory body means a practicing Chartered Accountant, Company Secretary or Cost and Works Accountant.] ' . I
(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 ~n behalf of the person for whom he appears. · ·
(iii) Any person other than legal practitioner representing a party before t~e . Commission shall file a memorandum of Appearance in the form in Annexure- t duly signed by him. . .,
7. Seal of the Commission with receipt stamp.-(i) The person receivi~g the petition, application, reply or other documents, affix the receipt stamp with t~e· seal of the Commission on the first page of all the copies and put his/her initials on the Stamp for the purpose. I . I
(ii) The person receiving the petition, application, reply or other documents shall enter the details thereof in.the Diary Register prescribed as per Annexurejz and assign a diary number. The same diary number shall be entered on all the copies of the documents so received. t· I I I 1· I I
9. 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 proceeding before the Commission, may submit an application in the-prescribed form as per Annexure-4.
(iii) The application for certified copy shall be accompanied by the fee of Rs. 100/- (Rupees one hundred} in the form of Demand Draft in favour of Secretary, Jharkhand State Electricity Regulatory Commission Ranchi.
(iv) A Registsr of Copy Applications shall be maintained in the form as prescribed in Annexure-5.
(v) As far as practicable, the certified copies shall be prepared in the order in which the applications are entered in the Register of Copy Applications. . . .
(vi) The certified copies shall be prepared by photocopying process or by typing and when the copyis so made, the person preparinq the copy, to satisfy him that the copy prepared faithfully and legibly reproduces the document desired, shall compare it.
(vii) An endorsement as under shall be affixed on the reverse on the last page of document (so copied).
(a) SI. No. of the application
(b) Name of the applicant
(c) Date of presentation of the application
(d) Number of pages ·
(e) Copying fee charged.
(f) Date on which the copy was ready.
(g) Date of delivery
(iii) The iormat of the receipt stamp shall be as under. JSERC, Ranchi. Receipt No: Date: Ref. Clerk·
8. Communication of defects.-(1) If on scrutiny, anypetition, application or pleading is found to be defective.the defects shall be notified to the party concerned, . advising him/her to rectify the defects within a specified time. A standard letter for notifying the defects shall be in the form as per Annexure-3.
(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 concern otherwise fails to rectify them within the time granted, the Secretary shall place the matter before the Chairman for appropriate order. VI 101 "' t0.1 IU 1..-lr;; ...... • ,..._.~ • .....,.....,, •" t .,._..._,,,._., ".•~•· • •/ -· ._...._.,, ._._,....,...,. , ., SI. Name of petition/application Provision Fee No.
1. Petition for tariff setting Section 64(1) read with Section Rs. 4,00,C'OO/- : 181 (zg) E Act, 2003
2. Any other petition Rs. 5,000/-
SCHEDULE FEE STRUCTURE \'1ii:i The endorsement snan be made with he!p of a rubber stamp cot prepared fer the purpose. The entries shall be made in ink.
(ix) An officer oi the Commission shall be authorised to issue the certified copies. who shall affix his signature below the endorsement on the reverse of the last page of the certified copy. 1
(x) In all the cases of supplying certified copies, whether supplied free or on I the basis of the application submitted by the party, the authorised officer shall affix I the seal of the Commission on all the pages of the copy. He shall also append a I r certiticate as under and affix his initial on the last page of the doc~ment:- 1 1 "Certified true copy." · 1
(xi) The copying fee payable for obtaining.a certified copy shall be Rs. 5.00 per page irrespective of number of words/liries in each page.
10. Inspection of Records.-(i) The application for inspection of document shall be in the form in Annexure-6 and shall be accompanied by a fee of Rs. 300/ for each inspection for one day, in the. forrn of Demand Draft in favour of Secretary Jharkhand State Electricity Regulatory Commission, Ranchi.
(ii) The inspection of records shall be allowed on .working days during the working hours in the presence of an officer authorised for that purpose, ordinarily between 14.30 hrs and 17.00 hrs.
(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/Commission and seek further orders on the matter.
(v) A register for inspection of Records in the format as per Anhexure-7 shall be maintained.
11. Fee on petition,. application etc.-,-(i). Every petition/application filed before the Commission shall be accompanied by fee specified in the Schedule :-
Provided that RLDC and the Consumer Groups registered with the Government of India are exempted from payment of fee prescribed.
(ii) The fee shall be payable by means of Demand Draft drawn :n favour of Secretary Jharkhand State Electricity Regulatory Commission, Ranchi.
(iii) The fee received shall be entered in the register prescribed for the purpose in the form as in Annexure-8. f C!CUSi?S 10-1 ~ I I" i ,· I I I I I i I I i I I I I I I I I· ·..; I I •., ., ·!.i . . ... -·· .... ·,, '", ;, , , m !l I l l I l l l ! iJJl I !1HH-ffli!Ull1flmj • 9 11 10 12 8 7 Date of Particulars of Date and Details of Remarks admission interim orders particulars appeal passed, if any of final . if any order subject matter of the petition/ application SI. Diary No. Date of Petition/ Application Name and Address Name.and No. filing No. of petitioner Address of the respondent 1 2 3 ·4 5 6 ·~- Jharkhand State Electricity Regulatory Commission ;{'if 2nd Floor, Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi 834 00_1\,,. Telephone: 0651-2210922 -, .. ANNEXURE2 • Signature and Designatior'.it -~~ Date , . Address for correspondence: In the 'matter of ................................................................................................... Petitioner Versus ............................................................................................ Respondent(s_) Memo of Appearance l , practising/working as having been authorised by (particulars 8f the person authorislng). hereby enter appearance on behalf of and undertake to plead and act for him/it in all matters in the ... aforesaid case. · · -~,J~- Place..... .. .. .J~- • ANNEXURE ~ Before the Jharkhand State Electricity Regulatory Commission, Ranchi. Petition No . " I Application for inspeciicn I As per para 10 (i) ot this order 0. of document
4. Application for obtaining As per para 9 of this order. certified copies
5. Interlocutory application Rs. 15,000/- -·-•···•••._., .. ».._.,,,,..,, . .-.! ._,,._.,:;:,,, O:::V"-'--' i I I I I i t ,! ,/ I . 1, '• J '·• t: l j j• ... •:! ! ! 0 ;.'•:!'I •·•,rr•:;~'"""'1'0-:-'t,, - •. , , ; , . I' .. f• • Subject: Petition under para 20(5) of Jharkhand State Electricity Regulatory Commission (Conduct of Business) Regulation 2003-ln the matter of De_ar Sir, I am directed to refer to your petition/application catsd.. ........ , .......... filed on on the subject noted above and 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 2003.
(2) The name, description and address of the parties have not been furnished in cause title.
(3) The fo!!owing necessary parties have not been impleaded :
(a)
(b)
(c)
(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 tn-fore a competent authority.
(8) Seven copies of the affidavit were to be filed Wfl\ch has not been done.
(9) The copies of the petitions are not complete. -.
(10) English/Hindi translation of the documents and ulher materials contained in language other 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 beer, filed.
(14) The Vakalatnama is not properly executed and necessary court fee has not been paid. · (15) The prescribed fee for the petiticrvapplication has _not been deposited.
(16) The index of document has not been filed.
(17) The paqiriation of the document has not been done properly. You are requested to rectify the defects within 14 days from the date of issue of this letter, failing which the petition shall be deemed to have been rejected. - Your's faithfully (Secretary) Date . No , . ANNEXURE3 Jharkhand State Electricity Regulatory Commission 2nd Floor, Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi 834 001. Telephone: 0651~2210922 [_Annexure Jharkhand Local Acts 144] ! ; '· • Details of No. of Addi. Amount Date of pre- Date of Signature Remark o:\mand Draft and details paration delivery of recipient 7 8 .9 10 11 12 13 SI Date of Name of Petition Particulars of the Amount received No. application applicant No. document copy of which is require 1 2 3 4 5 6 ANNEXURES Jharkhand State Electricity Regulatory Commission 2nd Floor, Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi 834 001. Telephone: 065.1-2210922 Register of Copy Application • Secretar For office use only .Request granted/Rejected Additional copying fee Payable/Paid and details thereof Signature Petition No: ................................ : : : '; Petitioner Versus .................................................................................................. Respondents Application for grant of certified copy
1. Name and address of applicants:
2. Whether the applicant is party to the case.
3. Whether the case is pending or disposed of.
4. Description with date of document of which copy is applied for
5. Number of copies required.
6. Amount of fee deposited and mode of payment. Jharkhand State Electricity Regulatory Commission 2nd Floor, Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi 834 001. Telephone: 0651-2210922 ANNEXURE4 ···-··- _,._...,., '~!-:'· ._...._,,,,,,:1.:,.::nv,,\1-..,., ·/ .._,,._.._,1 G..V\J.J I ! I. I II I I i· I I I I I lffl I • Date on which Official in whose presence Signature of all Remarks inspected inspection took place inspecting the records 7 8 9 10 SI Name of Date of Records Purpose of ins- Amount paid with No. applicant application to be pection particulars of DD inspected No.with date and Bank 1 2 3 4 5 5 ANNEXURE7 . Jharkhand State Electricity Regulatory Commission 2nd Floor, Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi .834 001.Telephone: 0651-2210942 . Register for Inspection of Records For office use only Permission granted for inspection on ./rejected. Secretary Signature
6. Amount of fee payable and the mode of payment. Place: Date:
5. Dale and duration of the inspection sought. Petition No: . .................................................................................................. Petitioner Versus .............................................................................................. . ... Respondents Application for Inspection of Document/Records I, hereby apply for grant of permission to inspect the documents/record 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. Give necessary details. · ·
3. Details of papers/document to be inspected. 4 -. Purpose for the inspection. ANNEXURE6 Jharl<hand Sta;;:; Electricity Regulatory Commission 2nd Floor. Rajendra Jawan Bhawan-Sainik Bazar, Main Road, Ranchi 834 001. Telephone: 0651-2210922 !i •! ····'.:H •...... :i :,:@