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Adopted by the Commission on 4th
May 2000
In exercise of powers conferred on
it by Sub-Section 1 of Section 52 of the UP Electricity
Reforms Act 1999 (UP Act No. 24 of 1999) and all powers
enabling it on that behalf, the Uttar Pradesh Electricity
Regulatory Commission hereby makes the following Regulations,
namely:
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1. Short title, Commencement and
Interpretation :
- These Regulations may be called the "Uttar Pradesh
Electricity Regulatory Commission (Electricity Advisory
Committee) Regulations 2000".
- They shall come into force on the date of their
publication in the Gazette.
2. Definitions:-
- In these Regulations, unless the context otherwise
requires:
- "The Act" means the Uttar Pradesh Electricity Reforms
Act 1999 (UP Act No. 24 of 1999);
- "Chairperson", means ex-officio Chairperson of the
Electricity Advisory Committee, as also the Chairperson of
the Commission, as is specified in Sub Section 3 of
Section 29 of the Act.
- "Commission", means the Uttar Pradesh Electricity
Regulatory Commission.
- "Committee" means the Electricity Advisory Committee,
constituted in accordance with provisions of Section 29 of
the Act (Annex I);
- "Government" means the Government of Uttar Pradesh;
- Other expressions have the meanings respectively
assigned to them in the Act,
- The original Regulation shall be in English, and it will
be translated into Hindi.
3.
Term of office of members of the Committee:
-
Every member of the Committee other than
the Chairperson and Members of the Commission, who are,
respectively, ex-officio Chairperson and Members of the
Committee under Section 29(3) of the Act, shall hold office
for a period of one year, unless his appointment is terminated
earlier in the manner described in these regulations. On the
expiration of the term of office of any member, the Commission
may in its discretion re-appoint him as such member, in
consultation with the Government.
4. Secretary of the Committee: -
The Secretary to the Commission shall be
the Secretary to the committee. He shall not be entitled to
any extra remuneration for such work.
5. Notice of Meetings: -
Except as provided by regulation 10(1)
below, meetings of the Committee shall be convened by its
Secretary under the direction of the Chairperson of the
Committee, at least once in three months. The Secretary shall,
ordinarily, give to the members of the Committee, not less
than ten day's notice, in writing, of the date, time and place
of the proposed meeting. Ordinarily, not less than seven days
before the date of the meeting, the Secretary shall send to
such members copies of the agenda of the meeting.
6. Chairman at meetings of the
Committee: -
The ex-officio Chairperson of
the Committee and in his absence a member of the Commission
deputed by him in this behalf shall preside over a meeting of
the Committee, as Chairman of the meeting.
7. Traveling and Daily Allowance to the members
of the Committee: -
- A member of the Committee shall be entitled only to
traveling allowance, including daily allowance, as
hereinafter provided in these regulations, for attending the
meetings of the Committee and to no other remuneration.
- A member of the Committee other than a Government
servant shall be entitled to traveling allowance, including
daily allowance, for the days he attends the meetings,
payable at the rates and according to the rules applicable
to a Government servant in the rank of Secretary to the
Government of Uttar Pradesh, subject to the proviso that the
entitlement of a retired Government Servant on the Committee
shall not be below his entitlement at the time of his
retirement from the Government.
- A member of the Committee, who is a Government Servant,
shall be entitled to draw traveling allowance, including
daily allowance, on the scale admissible to him, under the
Traveling Allowance Rules of the Government with which he is
employed.
- The Secretary of the Committee shall be the controlling
authority in respect of such traveling/daily allowance bills
8. Proceedings
- The Proceedings of every meeting of the Committee shall
be kept to record the opinions expressed, in a minute-book
to be kept for the purpose, and shall be signed by the
Chairman of the meeting at that very meeting or at the next
succeeding meeting.
- The agenda for the meetings of the Committee shall
broadly be in accordance with the subjects on which the
Committee is required to be consulted under the Act.
- No matter other than that included in the agenda, shall
he considered or discussed at a meeting of the Council or of
a Committee except with the special permission of the
Chairman of the meeting.
9.
Quorum and adjourned meeting : -
- One-third of the members will constitute a quorum at a
meeting of the Committee. If there is no quorum within
thirty minutes of the appointed time for the meeting, no
meeting shall be held and the Chairman of the meeting, if
present, may then and there adjourn the meeting to such
future date as may he specified by him. No further notice
need be given for a meeting so adjourned.
- If at any time during the progress of a meeting, after
its commencement, there ceases to be quorum, the meeting
shall ignore the want of quorum and shall continue to
transact its business.
- No quorum shall be necessary at an adjourned meeting.
- No matter shall be considered at meeting adjourned under
sub-clause (1) other than matters scheduled at the meeting
from which the adjournment took place, provided that the
Chairman of the meeting may bring or permit or direct a new
matter, which in his opinion is urgent, to be brought before
the adjourned meeting, with or without notice.
10. Point of Order :
-
Any point of order raised at meeting shall
be decided by the Chairman presiding at the meeting and his
decision shall be final.
11.
Savings as to validity of proceedings : -
No proceeding of the Committee shall be
invalidated by reason merely of a vacancy or vacancies
existing in the Committee or by reason of non receipt of the
notice or of copy of the agenda, provided it was duly issued,
or by reason of any irregularity in the conduct of the
business of the meeting.
Explanation: A
notice shall be deemed to be duly issued if it is dispatched
within the prescribed time to the registered address of a
member by post or peon.
12.
Consultation: -
The Commission shall
examine, and seriously consider the opinions recorded in the
relevant proceeding of the Committees meetings, while deciding
issues on which the Committee is required to be consulted.
This shall constitute the consultation required in the Act.
13. Invitation to Persons Other
Than Members to Attend: -
To assist the
Committee in its deliberations, persons other than Members of
the Committee, having special or useful knowledge on a matter
of interest to the Committee may be invited by the Chairperson
of the Committee to attend any meeting thereof, and such
persons may take part in the deliberations.
14. General: -
In
cases not expressly provided for in these Regulations for the
conduct of meetings the decision of the Chairman Presiding at
a meeting on all matters relating to the conduct of business
at the meeting shall be final.
By order of the Commission,
Secretary to the Commission.
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Annex I Section 29 of the Act
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29. Electricity Advisory Committee
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- The Commission shall, in consultation with the State
Government, constitute a committee to be known as the
Electricity Advisory Committee which shall advise the
Commission on policy matters and on any other matter
relating to quality and continuity of service provided by
licensees.
- The Electricity Advisory Committee shall consist of such
number of persons including ex-officio Chairperson and
Members, being not less than fifteen and not more than
twenty one, as the Commission may decide. The Commission
shall appoint the members on the said Committee in such
manner that there shall be at least one member representing
each of the interests of licensees, generating companies
operating in the State, commerce, industry, transport,
agriculture, labour employed in the electricity supply
industry and consumers of electricity.
- The Chairperson and the other Members of the Commission
shall respectively be ex-officio Chairperson and other
Members of the Electricity Advisory Committee.
- The Electricity Advisory Committee shall meet at least
once in every three months.
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