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Conduct of Business Regulation


* Notified in the U.P. Official Gazzette on 6th March 2000

In exercise of powers conferred on it by sub-section (4) of Section 9 and sub-section (1) of Section 52 of the Uttar Pradesh Electricity Reforms Act, 1999 (UP Act No. 24 of 1999), and all powers enabling it in that behalf and in supervision of the Notification No. UPERC-245/53/99, dated September 15, 1999, the Uttar Pradesh Electricity Regulatory Commission hereby makes the following Regulations, namely:      

CHAPTER 1
GENERAL
1. Short title, Commencement and Interpretation:
  1. These regulations may be called the 'Uttar Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2000'.

  2. These shall come into force on the date of the publication in the official Gazette.

  3. These extend to the State of Uttar Pradesh.

  4. The Uttar Pradesh General Clauses Act 1904, (Act 1 of 1904) shall apply to the interpretation of these Regulations.

2. Definitions:
  1. In these Regulations, unless the context otherwise requires:

    1. 'Act' means the Uttar Pradesh Electricity Reforms Act, 1999 (UP Act 24 of 1999);

    2. 'Chairman' means the Chairman of the Uttar Pradesh Electricity Regulatory Commission;

    3. 'Commission' means the Uttar Pradesh Electricity Regulatory Commission;

    4. 'Member' means a member of the Uttar Pradesh Electricity Regulatory Commission

    5. 'Secretary' means Secretary of the Uttar Pradesh Electricity Regulatory Commission;

    6. 'Petition' includes all petitions, applications, complaints, appeals, replies, rejoinders,  supplemental pleadings, other papers and documents;

    7. 'Proceedings' include proceedings of all nature that the Commission may hold in the discharge of its function under the Act;

    8. 'Officer' means officer of the Uttar Pradesh Electricity Regulatory Commission;

    9. 'Regulation' means Uttar Pradesh Electricity Regulatory Commission (Conduct of Business) Regulation, 2000;

  2. Words or expressions occurring in these Regulations and not defined herein above shall bear the same meaning as in the Act.

  3. The original regulation will be in English and it will be translated in Hindi.

Commission's offices, office hours and sittings:

3. The location of the offices of the Commission may from time to time be specified by the Commission, by an order made in that behalf.

4. Unless otherwise directed, the headquarters and other offices of the Commission shall open daily, except on Saturdays, Sundays and holidays notified by the Government of Uttar Pradesh. The headquarters and other offices of the Commission shall open at such hours as the Commission may direct from time to time.

5. Where the last day for doing of any act falls on a day on which the office of the Commission is closed and by reason thereof the act cannot be done on that day, it may be done on the next day on which the office is open.

6. The Commission may hold sittings for hearing matters at the headquarters or at any other place on day and time to be specified by the Commission.


Language of the Commission:


7. The proceedings of the Commission shall be conducted in Hindi or English

8. The Petition, documents or other matters contained in any language other than Hindi or English shall be accepted by the Commission only if the same is accompanied by a translation thereof in English.

9. Any translation which is agreed to by the parties to the Proceedings or which any of the parties may furnish with an authenticity certificate of the person, who had translated to English, may be accepted by the Commission as a true translation.

Commission to have seal of its own:


10.
There shall be a separate seal indicating that it is the seal of the Commission.

11. Every order or communication made, notice issued or certified copy granted by the Commission shall be stamped with the seal of the Commission and shall be certified by Secretary or an Officer designated for the purpose.

Secretary of the Commission:


12. The Secretary shall exercise his powers and perform his duties under the control of the Chairman. In particular and without prejudice to the generality of the above provisions, the Secretary shall have the following powers and perform the following duties, viz:-
  1. He shall have the custody of the seal and records of the Commission and shall exercise such functions as are assigned to him by these Regulations or otherwise by the Commission or the Chairman;
  2. He shall receive or cause to receive all petitions, applications or reference pertaining to the Commission;
  3. He shall prepare or cause to be prepared briefs and summaries of all pleadings presented by various parties in each case before the Commission in discharge of its functions in this regard;
  4. He shall assist the Commission in the proceedings relating to the powers exercisable by the Commission;
  5. He shall ensure compliance of the order passed by the Commission; and
  6. He shall have the right to collect from the state government or other offices, companies or firms or any other party as may be directed by the Commission, such information as may be considered useful for the purpose of efficient discharge of the functions of the Commission under the Act and place the said information before the Commission.
13. The Commission may delegate to its officers such functions including functions that may be required by these regulations to be exercised by the secretary on terms and conditions the Commission may specify for the purpose.

14. The Secretary, with the approval of the Commission, may delegate to any officer of the Commission any function required by these regulations or otherwise, to be exercised by the secretary.

15. In the absence of the Secretary, such other Officer of the Commission, as may be nominated by the Chairman, may exercise all the functions of the Secretary.

16. The Commission shall have the authority, either on an application made by any interested or affected party or suo motto, to review, revoke, revise, modify, amend, alter or otherwise change any order made or action taken by the Secretary or the Officers of the Commission.

Consumers Association

17.
It shall be open to the Commission to permit any association or other bodies corporate or any group of consumers to participate in any proceedings before the Commission on such terms and conditions including in regard to the nature and extent of participation as the Commission may consider appropriate.

18. The Commission may, as and when considered appropriate, notify a procedure for recognition of association, groups, forums or bodies corporate as registered consumer association for the purpose of representation before the Commission.

19. The Commission may, appoint any officer or any other person to represent interest of the consumer in general or any class or classes of consumer as the Commission may consider appropriate.

20. The Commission may direct payment to the person (other than the officer) appointed to represent the consumers interest such fee, cost and expenses by such of the parties in the proceedings as the Commission may consider appropriate.
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