Orissa Electricity Reform Act, 1995

CHAPTER III

PROCEEDINGS, POWERS AND FUNCTIONS OF THE COMMISSION

Proceedings of the Commission

9.(1) The headquarters of the Commission shall be at Bhubaneswar, but the Commission shall be entitled to conduct its proceedings, consultations and hearings in other places in the State.

(2) The Commission shall have the power under sub-section ( I ) of section 54 to frame regulations for the conduct of its proceedings and discharge of its functions.

(3) In case of a difference of opinion among the members of the Commission, the opinion of the majority shall prevail and the opinion of the Commission shall be expressed in terms of the views of the majority and, for this purpose, each member of the Commission shall have one vote only and the Chairman shall have no casting or second vote.

(4) The quorum for the meeting of the Commission shall be two, but in the case of a meeting of the Commission to review any previous decision taken by the Commission or for consideration of any issue which could not be decided on account of equality of votes in favour of or against the resolution proposed or where the issue considered at a meeting in which only two members of the Commission were present, the quorum for the meeting shall be all the three:

Provided that, in case of emergency, the Commission may decide any matter by circulation to member or members.

(5) The Chairman of the Commission may instruct the secretary to call a meeting of the Commission to be held at such time and at such place as the Chairman may direct and also any member of the Commission may request a meeting of the Commission at any time by sending a notice in writing to the other members and with a copy to the Secretary.

(6) All decisions, directions and orders of the Commission shall be in writing and shall be supported by reasons and the decisions, directions and orders of the Commission shall be available for inspection by any person and copies of the same shall also be made available to such person in the manner prescribed by regulations.

Powers of the Commission

10 (1) The Commission shall, for the purposes of any inquiry or proceedings under this Act, have the powers as are vested in a Civil Court under the Code of Civil Procedure 1908 while trying a suit m respect of the following matters. namely :

1. the summoning and enforcing the attendance of any witness and examining him on oath;

2. the discovery and production of any document or other material object producible as evidence;

3. the reception of evidence on affidavits;

4. the requisition of any public record from any office;

5. the issuing of any commission for examination of witnesses; and

6. the review of its decisions, directions and orders.

(2) The Commission shall have the power to require any person

1. to produce before, and allow to be examined and kept by, an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so required as may be specified or described in the requisition, being documents relating to any matter concerning the generation, transmission, distribution and supply or use of electricity, the functioning of any undertaking involved in the above areas and other makers, the examination of which may be required by the Commission for the purpose of this Act; and

2. to furnish to an officer so specified such information as may be required for the purposes of this Act or such other information as may be in his possession in relation to any activity carried on by any other person.

(3) Where, during any inquiry or proceedings under this Act, the Commission has any grounds to believe that any books or papers or documents of, or relating to any unit or person in relation so which such inquiry is being made or which the owner of such unit may be required to produce in such inquiry, are being, or may be, destroyed, mutilated, altered, falsified or secreted, it may. by a written order, authorise any officer of the Commission to exercise the same powers of entry, search and seizure as may be exercised by an inspector under sections 240 and 240-A of the Companies Act, 1956.

(4) Notwithstanding anything contained in any other law for the time being in force, the Commission may, by a general or special order, call upon any person including the generating companies or the licensees to furnish to the Commission periodically, or as and when required, any information concerning the activities carried on by such person related to generation, transmission, distribution and supply or use of electricity, the connection between such person and any other person or undertaking including such other information relating to the organization, business and cost of production to enable the Commission to carry out its functions under this Act.

(5) In the discharge of its functions the Commission shall be entitled to and may consult to the extent the Commission considers appropriate from time to time such persons or group of persons who may be affected or likely to be affected by the decisions of the Commission.

(6) The Commission may call for information, details, books, accounts and other documents from any person or licensee and make inquiry for the purposes of providing the same to the Central Electricity Authority, the Central Government and the State Government when so required by them.

(7) All persons to whom notices may be issued pursuant to this Act shall duly, faithfully and effectively furnish the information, details, books, accounts and other documents, which the Commission considers relevant in connection with its functions under this Act or which may be required to be obtained at the directions of the Central Electricity Authority, the Central Government or the State Government and shall be proceeded with and punishable under section 41 for any failure to comply with such requirement

(8) Notwithstanding anything contained in sections 12, 13, 14, 15, 16, 18 and 19 of the Indian Electricity Act, 1910, the Commission may, by order in writing, confer upon licensees or any other person engaged in the business of transmission, distribution or supply of energy under this Act, subject to such conditions and restrictions as the Commission may think fit to impose, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect to placing of telegraph lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained

5 of 1908

1 of 1956

9 of 1910

13 of 1885

Functions of the Commission

11.(1) Subject to the provisions of this Act, the Commission shall be responsible to discharge, amongst others, the following functions, namely :

1. to aid and advise, in matters concerning generation, transmission, distribution and supply of electricity in the State;

2. to regulate the working of licensees and to promote their working in an efficient, economical and equitable manner:

3. to issue licenses in accordance with the provisions of this Act and determine the conditions to be included in the licences;

4. to promote efficiency, economy and safely in the transmission, distribution and use of the electricity in the State including and in particular in regard to quality, continuity and reliability of service so as to enable all reasonable demands for electricity to be met;

5. to regulate the purchase, distribution, supply and utilization of electricity, the quality of service, the tariff and charges payable keeping, in view both the interest of the consumer as well as the consideration that the supply and distribution cannot be maintained unless the charges for the electricity supplied are reasonably levied and duly collected;

6. to promote competitiveness and progressively involve the participation of the private sector, while ensuring a fair deal for the customers;

7. to collect data and forecast on the demand for and use of electricity and to require the licensees to collect such data and make such forecasts;

8. to require licensees to formulate perspective plans and schemes in coordination with others for the promotion of generation, transmission, distribution and supply of electricity; and

9. to undertake all incidental or ancillary things.

(2) Notwithstanding the provisions of section 52 of the Indian Electricity Act, 1910 or the provisions of clause (ii) of sub-section (1) of section 3 and section 76 of the Electricity (Supply) Act, 1948, the Commission shall have the power to act as arbitrator or to nominate arbitrator or arbitrators to adjudicate and settle the disputes arising between the licensees in accordance with the provisions of this Act and the regulations to be prescribed and this shall be a condition of the grant of licences.

9 of 1910
54 of 1948