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| Conduct of Business Regulation
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* 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:
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CHAPTER 1
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GENERAL
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1. Short title, Commencement and
Interpretation:
These regulations may be called the 'Uttar Pradesh
Electricity Regulatory Commission (Conduct of Business)
Regulations, 2000'.
These shall come into force on the date of the
publication in the official Gazette.
These extend to the State of Uttar Pradesh.
The Uttar Pradesh General Clauses Act 1904, (Act 1 of
1904) shall apply to the interpretation of these
Regulations.
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2. Definitions:
In these Regulations, unless the context otherwise
requires:
'Act' means the Uttar Pradesh Electricity Reforms Act,
1999 (UP Act 24 of 1999);
'Chairman' means the Chairman of the Uttar Pradesh
Electricity Regulatory Commission;
'Commission' means the Uttar Pradesh Electricity
Regulatory Commission;
'Member' means a member of the Uttar Pradesh
Electricity Regulatory Commission
'Secretary' means Secretary of the Uttar Pradesh
Electricity Regulatory Commission;
'Petition' includes all petitions, applications,
complaints, appeals, replies, rejoinders,
supplemental pleadings, other papers and documents;
'Proceedings' include proceedings of all nature that
the Commission may hold in the discharge of its function
under the Act;
'Officer' means officer of the Uttar Pradesh
Electricity Regulatory Commission;
'Regulation' means Uttar Pradesh Electricity
Regulatory Commission (Conduct of Business) Regulation,
2000;
Words or expressions occurring in these Regulations and
not defined herein above shall bear the same meaning as in
the Act.
The original regulation will be in English and it will
be translated in Hindi.
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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.
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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.
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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.
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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:-
- 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;
- He shall receive or cause to receive all petitions,
applications or reference pertaining to the Commission;
- 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;
- He shall assist the Commission in the proceedings
relating to the powers exercisable by the Commission;
- He shall ensure compliance of the order passed by the
Commission; and
- 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.
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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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