|Short Title, Commencement
These regulations may be called the Maharashtra
Electricity Regulatory Commission (Conduct of Business) Regulations,
They shall come into force on the date of their publication in the
They extend to the State of Maharashtra.
The Bombay General Clauses Act, 1904 shall apply for the purpose
of the present Regulations.
In these Regulations, unless the context otherwise
'Act' means the Electricity Regulatory Commissions Act, 1998 (Act
14 of 1998).
'Commission' means the Maharashtra Electricity Regulatory Commission,
a body corporate, established under Section 17(1) of the Act, consisting
of its Chairperson and Members.
'Officer' means an officer of the Commission.
'Petition' means and includes all petitions, applications, complaints,
appeals, replies, rejoinders, supplemental pleadings, other papers
'Proceedings' mean and include proceedings of all nature that the
Commission may hold in the discharge of its function under the Act.
'Regulations' means these regulations.
'Chairman' means the Chairman of the Commission.
'Secretary' means the Secretary of the Commission.
Words or expressions occurring in these Regulations and not defined
herein but defined in the Act shall bear the same meaning as in
the Act. Words and expressions used in these Regulations but not
defined either in the Regulations or in the Act but defined in the
Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948
shall have the meanings respectively assigned to them in those Acts.
Commission's office, office hours and sittings:
The place of the offices of the Commission may
from time to time be specified by the Commission, by an order made
in that behalf.
Unless otherwise directed, the headquarters and other offices of
the Commission shall be open daily except on Saturdays, Sundays
and State Government holidays notified by the State Government.
The headquarters and other offices of the Commission shall be open
at such times as the Commission may direct.
Where the last day for doing of any act falls on a day on which
the office of the Commission is closed and by reasons thereof the
act cannot be done on that day, it may be done on the next day on
which the office is open.
The Commission may hold sittings for hearing matters at the headquarters
or at any other place on days and time to be specified by the Commission.
Language of the Commission:
The proceedings of the Commission shall be conducted
in English, provided that the Commission may allow any person to
plead or represent the case in Marathi language.
No petition, document or other matter contained in any language
other than English or in Marathi if permitted by the Commission,
may be accepted by the Commission unless the same is accompanied
by a translation thereof in English. Such translation may be dispensed
with at the discretion of the Commission.
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 into English, may be accepted by
the Commission as a true translation.
The Commission in appropriate cases may direct translation of the
petition, pleadings, documents and other material in English by
an officer or person designated by the Commission for the purpose.
Commission to have seal of its own:
||There shall be a
separate seal indicating that it is the seal of the Commission.
Officers of the Commission:
The Commission shall have the power to appoint
Secretary, officers and other employees for discharging various
duties. It shall also prescribe the qualifications, experience and
other terms and conditions for the appointment of such officers
and other employees.
The Commission may appoint consultants to assist the Commission
in the discharge of its functions. The terms and conditions of appointment
of consultants shall be determined by the Commission at its meetings
from time to time.
The Secretary shall be the Principal Officer of the Commission and
shall exercise his powers and perform his duties under the control
of the Chairperson.
The Commission, in discharge of its functions under the Act, may
take such assistance from the Secretary as it may deem fit.
In particular, and without prejudice to the generality of the provisions
of the above sub-regulations, the Secretary shall have the following
powers and perform the following duties, viz:-
He shall have custody of the records and the seal of the Commission.
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 the discharge of its function in this regard.
He shall assist the Commission in the proceedings relating to the
powers exercisable by the Commission.
He shall authenticate the orders passed by the Commission.
He shall ensure compliance of the orders passed by the Commission.
He shall have the right to collect from the State Government or
other offices, companies and firms or any other party as may be
directed by the Commission, such information and record, report,
documents, etc., as may be considered useful for the purpose of
efficient discharge of the functions of the Commission under the
Act and place the same before the Commission.
The Commission may delegate to the 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.
The Secretary may, with the approval of the Commission, delegate
to any officer of the Commission any function required by these
regulations or otherwise, to be exercised by the Secretary.
In the absence of the Secretary, such other officer of the Commission,
as may be designated by the Chairperson, may exercise all the functions
of the Secretary.
The Commission shall, at all times, have the authority, either on
an application made by any interested or affected party or suo motu,
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, if the Commission considers the same to be appropriate.
Participation of Consumer Associations:
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.
It shall be open to the Commission, for the sake of timely completion
of proceedings, to direct bunching up associations/groups referred
to above so that they can make collective affidavits.
The Commission may, as and when considered appropriate, notify a
procedure for recognition of association, group, forum or bodies
corporate as registered consumer association for purposes of representing
before the Commission.
The Commission may appoint any officer or any other person to represent
consumers' interest, if considered necessary.
The Commission may direct payment to the officer or person appointed
to represent the consumers' interest such fees, costs and expenses
by such of the parties in the proceedings as the Commission may
etc. before the Commission:
The Commission may, from time to time, hold hearings,
meetings, discussions, deliberations, inquiries, investigations
and consultations, as it may consider appropriate in the discharge
of its functions under the Act.
Quorum and Sitting in Benches:
The Quorum for the proceedings before Commission
shall be three :
Provided that the Commission may, by majority, delegate the power
to decide specified matters or issues to a bench consisting of two
full time Members, but in such instances, the Chairperson or member
presiding over a bench shall not exercise a second or casting vote
Provided further that in the case of a proceeding to review any
decision taken by the bench of the Commission consisting of two
Members or for consideration of any issue which could not be decided
on account of equality of votes in the bench in favour of or against
a proposed decision or action, the matter will be considered by
the Commission with a quorum of three Members.
Attendance by Members and Voting:
No act or decision of the Commission would be
invalid on the ground that it was heard by less than the prescribed
number of Members and/or that any Member of the Commission did not
participate on one or more occasions of the hearing.
Authority to represent:
A person may authorise an advocate or a member
of any statutory professional body holding a Certificate of Practice,
as the Commission may from time to time specify, to represent
him and act and plead on his behalf before the Commission. The
person may also appear himself or may authorise any of his employees
to appear before the Commission and to act and plead on his behalf.
The Commission may, from time to time, specify the terms and conditions,
subject to which, a person may authorise any other person to represent
him and act and plead on his behalf.
Initiation of Proceedings:
The Commission may initiate any proceedings suo
motu or on a petition filed by any affected or interested person.
The notice of the initiation of the proceedings may be issued
by the Commission, and the Commission may give such orders and
directions as may be deemed necessary, for service of notices
to the affected parties, the filing of reply and rejoinder in
opposition or in support of the petition in such form as it may
direct. The Commission may, if it considers appropriate, issue
orders for publication of the petition inviting comments on the
issues involved in the proceedings in such form as the Commission
While issuing the notice of inquiry or at any time thereafter,
the Commission may, at its discretion designate an advocate or
officer of the Commission or any other person whom the Commission
considers appropriate to present the case of the Commission and
act as Commission's counsel.
Petitions and pleadings before the Commission:
All petitions to be filed before the Commission
shall be typewritten, cyclostyled or printed neatly and legibly
on one side of the paper and every page shall be consecutively
numbered. The Commission may permit the petitions to be filed
in a computer disk or through electronic media on such terms and
conditions as the Commission may specify. The contents of the
petition should be divided appropriately into separate paragraphs,
which shall be numbered serially. The petition shall be accompanied
by such documents, supporting data and statements as the Commission
The general heading in all petitions before the
Commission and in all advertisements and notices shall be in Form
Affidavit in support:
The petitions filed shall be supported by an affidavit,
which shall be sworn before the Secretary or such officer of the
Commission, as may be designated or notarised. Every such affidavit
shall be in Form- 2.
Every affidavit shall be drawn up in the first person and shall
state the full name, age, occupation and address of the deponent
and the capacity in which he is signing.
Every affidavit shall clearly and separately indicate the statements
which are true to the -
(a) knowledge of the deponent;
(b) information received by the deponent; and
(c) belief of the deponent.
Where any statement in the affidavit is stated to be true to the
information received by the deponent, the affidavit shall also disclose
the source of the information and a statement that the deponent
believes that information to be true.
In accordance with section 193 of the Indian Penal Code, 1860, whoever
intentionally gives false evidence in any of the proceedings of
the Commission or fabricates false evidence for the purpose of being
used in any of the proceedings shall be punishable with imprisonment
of either description for a term which may extend to seven years
and shall also be liable to fine.
Presentation and scrutiny of the pleadings, etc.:
All petitions shall be filed with six copies and
each set of the petition shall be complete in all respects. The
fees as may be prescribed by the Commission shall be payable along
with the petition.
All petitions shall be presented in person or by any duly authorised
agent or representative at the headquarters or such other filing
centre or centres as may be notified by the Commission from time
to time and during the time notified. The petitions may also be
sent by registered post acknowledgement due to the Commission at
the places mentioned above. The vakalatnama in favour of the advocate
and, in the event the petitions are presented by an authorised agent
or representative, the document authorising the agent or representative
shall be filed along with the petition, if not already filed on
the record of the case.
Upon receipt, the officer of the Commission designated for the purpose
of receiving the petition shall acknowledge the receipt by stamping
and endorsing the date on which the petition has been presented
and shall issue an acknowledgement with stamp and date to the person
filing the petition. In case the petition is received by registered
post, the date on which the petition is actually received at the
office of the Commission shall be taken as the date of the presentation
of the petition.
The presentation and the receipt of the petition shall be duly entered
in the register maintained for the purpose by the office of the
Commission. Such register shall be maintained in the form and manner
as may be prescribed by the Commission, showing serial no. of petition/complaint,
date of its receipt, names and address of the parties, brief subject
matter of the petition, etc., claim/relief sought, interim relief,
if any, and date of disposal with final result thereof.
In the event of the petition or pleadings not conforming to the
provisions and requirements of the Act and regulations, the Secretary
may refuse to get it registered and keep or cause to be kept such
petition in objection with the approval of the Commission and the
objection shall be removed by the petitioner within 10 days from
the date of specifying such objection or within such time that may
be extended at his discretion by the Secretary. On failure to remove
objections within the time allowed, the petition, etc., shall stand
A person aggrieved by any order of the Secretary in regard to the
presentation of the petition may request the matter to be placed
before the Chairperson of the Commission for appropriate orders.
The Chairperson, or any Member as the Chairperson may designate
for the purpose, shall be entitled to call for the petition presented
by the party and give such directions regarding the presentation
and acceptance of the petition as he considers appropriate.
If, on scrutiny, the Petition is not refused or any order of refusal
is rectified by the Chairperson or the Member of the Commission
designated for the purpose, the petition shall be duly registered
and given a number in the manner to be specified by the Commission,
as stated in Regulation 34.
As soon as the petition and all necessary documents are lodged and
the defects and objections, if any, are removed, and the petition
has been scrutinised and numbered, the petition shall be put up
before the Commission for preliminary hearing and admission.
The Commission may admit the petition for hearing without requiring
the attendance of the party. The Commission shall not pass an order
refusing admission without giving the party concerned an opportunity
of being heard. The Commission may, if it considers appropriate,
issue notice to such person or persons, as it may desire to hear
the petition for admission.
If the Commission admits the petition, it may give such orders and
directions, as may be deemed necessary, for service of notices to
the respondent and other affected or interested parties; for the
filing of replies and rejoinder in opposition or in support of the
petition in such form as the Commission may direct and for the petition
to be placed for hearing before the Commission or a Bench, as the
case may be.
of notices and processes issued by the Commission:
|Any notice or process to be
issued by the Commission may be served by any one or more of the following
modes as may be directed by the Commission:-
service by any of the parties to the proceedings as may be directed
by the Commission;
by hand delivery through a messenger;
by registered post with acknowledgement due;
by publication in newspaper in cases where the Commission is satisfied
that it is not reasonably practicable to serve the notices,
processes, etc., on any person in the manner mentioned above;
in any other manner as considered appropriate by the Commission.
The Commission shall be entitled to decide in each case the persons
who shall bear the cost of such service/publication.
Every notice or process required to be served on or delivered to any
person may be sent to the person or his agent empowered to accept
service at the address furnished by him for service or at the place
where the person or his agent ordinarily resides or carries on business
or personally works for gain.
In the event any matter is pending before the Commission and the person
to be served has authorised an advocate, agent or representative to
appear for or represent him or her in the matter, such advocate, agent
or representative shall be deemed to be duly empowered to take service
of the notices and processes on behalf of the party concerned in all
matters and the service on such agent or representative shall be taken
as due service on the person to be served.
Where a notice is served by a party to the proceedings either in person
or through registered post, an affidavit of service shall be filed
by the party with the Commission giving details of the date and manner
of service of notices and processes.
Where any petition is required to be published, it shall be published
in such form in the newspapers to be specified, for such duration
and within such time as the Commission may direct.
In default of compliance with the requirements of the regulations
or directions of the Commission as regards the service of notices,
summons or processes or the advertisement and publication thereof,
the Commission may either order to dismiss the petition or give such
other or further directions as it thinks fit.
No service or publication required to be done shall be deemed invalid
by reason of any defect in the name or description of a person provided
that the Commission is satisfied that such service is in other respects
sufficient, and no proceedings shall be invalidated by reason of any
defect or irregularity unless the Commission, on an objection taken,
is of the opinion that substantial injustice has been caused by such
defect or irregularity or there are otherwise sufficient reasons for
Filing of reply, opposition, objections, etc. :
Each person to whom the notice of inquiry or the petition is issued
(hereinafter called the `respondent') who intends to oppose or support
the petition shall file the reply and the documents relied upon
within such period being not less than two weeks and in such number
of copies not less than six as may be fixed by the Commission. In
the reply filed, the respondent shall specifically admit, deny or
explain the facts stated in the notice of inquiry or the petition
and may also state such additional facts as he considers necessary
for the just decision of the case. The reply shall be signed and
verified and supported by affidavit in the same manner as in the
case of the petition.
The respondent shall serve a copy of the reply along with the documents
duly attested to be true copies on the petitioner or his authorised
representative and file proof of such service with the office of
the Commission at the time of filing the reply.
Where the respondent states additional facts as may be necessary
for the just decision of the case, the Commission may allow the
petitioner to file a rejoinder to the reply filed by the respondents.
The procedure mentioned above for filing of the reply shall apply
mutatis mutandis to the filing of the rejoinder.
Every person who intends to file objection or comments in regard
to a matter pending before the Commission, in pursuance to the advertisement
and publication issued for the purpose (other than the persons to
whom notices, processes, etc., have been issued calling for a reply)
shall deliver to an officer designated by the Commission for the
purpose the statement of the objection or comments with copies of
the documents and evidence in support thereof within the time fixed
for the purpose.
The Commission may permit or invite such person or persons including
the associations, forums and bodies corporate holding the certificate
of registration as it may consider appropriate to participate in
the proceedings before the Commission if, on the report received
from the officer, the Commission considers that the participation
of such person or persons will facilitate the proceedings and the
decision in the matter.
Unless permitted and/or invited by the Commission, the person filing
objection or comments shall not be entitled to participate in the
proceedings to make oral submissions. However, the Commission shall
be entitled to take into account the objections and comments filed
after giving such opportunity to the parties to the proceedings
as the Commission considers appropriate to deal with the objections
Hearing of the matter:
| The Commission may determine
the stages, manner, the place, the date and time of the hearing of
the matter, as the Commission considers appropriate.
The Commission may decide the matter on the pleadings of the parties,
and affidavits in support thereof and evidence on record or may call
for the parties to produce evidence by way of affidavit or direct
the party to lead oral evidence in the matter.
If the Commission directs evidence of a party to be led either by
way of an affidavit or orally, the Commission shall grant reasonable
opportunity to the other party to cross examine the deponents.
The Commission may, if considered necessary or expedient, direct that
the evidence of any of the parties be recorded by an officer or person
designated for the purpose by the Commission.
The Commission may direct the parties to file written note of arguments
or submissions in the matter.
Powers of the Commission to call for further information, evidence,
|| The Commission may, at any time before
passing orders on any matter, require the parties
or any one or more of them or any other person whom the Commission
considers appropriate, to produce such documentary or other evidence
as the Commission considers appropriate, to produce such documentary
or other evidence as the Commission may consider necessary for the
purpose of enabling it to pass orders.
The Commission may direct the summoning of the witnesses, discovery
and production of
any document or other material objects producible in evidence, requisition
of any public record from any office, examination by an officer of
the Commission the books, accounts or other documents or information
in the custody or control of any person which the Commission considers
relevant to the matter.
In accordance with section 193 of the Indian Panel Code, 1860, who
ever intentionally gives false evidence in any of the proceedings
of the Commission or fabricates false evidence for the purpose of
being used in any of the proceedings shall be punishable with imprisonment
of either description for a term which may extend to seven years and
shall also be liable to fine.
If any party or person in proceedings before the Commission intentionally
insults the Chairman or any Member or misbehaves or deliberately causes
interruption of such proceedings and/or disobeys order or direction
of the Commission, such party or person shall be liable to be punished
under Section 228 of the Indian Penal Code, 1860, or dealt with under
the Contempt of Court Act, 1971.
of issues to others:
|At any stage of the proceedings,
the Commission shall be entitled to refer such issue or issues in
the matter as it considers appropriate to persons including, but not
limited to, the officers and consultants of the Commission whom the
Commission considers as qualified to give expert advice or opinion.
The Commission may nominate from time to time any person including,
but not limited to, the officers and consultants to visit any place
or places for inspection and report on the existence or status of
the place or any facilities therein.
The Commission, may direct any person, who in the opinion, of the
Commission, is competent to express a valuable advise or opinion to
appear before the persons designated in clause (1) or (2) above to
present their respective views and/or make presentation on the issues
or matters referred to.
The report or the opinion received from such person shall form a part
of the record of the case and the parties shall be given the copies
of the report or opinion given by the person designated by the Commission.
The parties shall be entitled to file their version either in support
or in opposition to the report or the opinion, as the case may be.
The person from whom such opinion or advise is taken may not be permitted
to be crossed examined on the subject matter to file such an opinion
or appear or give evidence.
The Commission shall duly take into account the report or the opinion
given by the person, the reply filed by the parties while deciding
the matter and, if considered necessary, the examination before the
Commission of the person giving the report or the opinion.
Procedure to be followed where any party does not appear:
Where the petitioner or the defendant is called or supposed to
appear in person, does not appear in person nor shows sufficient
cause for nonappearance, the Commission may dismiss, the application
or complaint if he is the applicant or complainant or proceed exparte
if he or she is the opponent or respondent.
Where neither the applicant nor the opponent appears when the application
is called for hearing, the Commission may dismiss it. The dismissal
of the application or complaint, however, does not bar a fresh petition
or complaint in respect of the same cause of action. The applicant
or complainant may also apply within 30 days from the date of the
order of dismissal, for an order to set aside such dismissal. And,
if the Commission is satisfied that there was sufficient cause for
non-appearance, it shall pass an order setting aside the dismissal
of the application or complaint and shall fix a day for proceeding
with the application or complaint.
Where the applicant or complainant appears and the opponent and
the other side does not appear, the applicant or the complainant
has to prove service of summons on the opponent or the respondent;
if the service of the process of summons is proved, the Commission
may proceed exparte against the opponent and may pass necessary
orders in accordance with law, justice and equity.
Orders of the Commission:
|On conclusion of hearing
of the case before the Commission, the Commission, comprising of Chairman
and members, who heard the case, shall pronounce judgement in open
The judgement shall be so pronounced at once after hearing or soon
thereafter as may be practical, on some future day. The Commission
shall fix such day for that purpose, of which due notice shall be
given to the concerned parties.
The judgement shall be dated and signed by the Commission, at the
time of pronouncing it, and, once signed, shall not be afterwards
altered, or added to, unless and except there is any clerical or arithmetical
mistake in it or errors arising therein from any accidental slip or
omission or on review of the judgement in accordance with Regulation
The judgement shall contain facts in brief, the points or issues for
determination, decision thereon and brief reasons for such decision.
In case, after hearing and while giving judgement or decision, the
Chairman or any member of the Commission dissents, he may give his
dissenting judgement with reasons. The majority view of the Commission
shall be final in the judgement.
All orders and decisions issued or communicated by the Commission
shall be certified by the signature of the Secretary or an officer
empowered in this behalf by the Chairperson and bear the official
seal of the Commission.
All final orders of the Commission shall be communicated to the parties
in the proceedings under the signature of the Secretary or an officer
empowered in this behalf by the Chairperson or the Secretary.
Inspection of records of Proceedings and supply of certified copies:
|| Records of every proceedings,
except those parts which for reasons specified by the Commission are
confidential or privileged or otherwise not to be disclosed to any
person, shall be open to inspection by all the parties to the proceedings
either during the proceedings or after the orders have been passed,
subject to such person complying with such terms as the Commission
may direct from time to time including in regard to time, place, and
manner of inspection and payment of fees. Inspection as above shall
be available to any person other than the parties to the proceedings
only after final orders are passed in the matter.
Any person shall be entitled to obtain certified copies of the orders,
decisions, directions and reasons in support thereof given by the
Commission as well as the pleadings, papers and other parts of the
records of the Commission to which he is entitled to inspect subject
to payment of fee and complying with other terms which the Commission
||The Commission may pass such
ad-interim or interim orders, as the Commission may consider appropriate
at any stage of the proceedings, having regard to the facts and circumstances
of the case, where such interim orders are sought.
The Commission may make such order or orders as it thinks fit
for collection of information, inquiry, investigation, entry, search,
seizure and, without prejudice to the generality of its powers,
in regard to the following :-
The Commission may, at any time, direct the Secretary or any one
or more officers or Consultants or any other person as the Commission
considers appropriate to study, investigate or furnish information
with respect to any matter within the purview of the Commission
under the Act.
The Commission may, for the above purpose, give such other directions
as it may deem fit and specify the time within which the report
is to be submitted or information furnished.
The Commission may issue or authorise the Secretary or an officer
to issue directions to any person to produce before it and allow
to be examined and kept by an officer of the Commission specified
in this behalf the books, accounts, etc., or to furnish information
to the specified officer.
The Commission may, for the purpose of collecting any information,
particulars or documents which the Commission consider necessary
in connection with the discharge of its functions under the Act,
issue such directions.
If any such report or information obtained appears to the Commission
to be insufficient or inadequate, the Commission or the Secretary
or an officer authorised for the purpose may give directions for
further inquiry, report and furnishing of information.
The Commission may direct such incidental, consequential and supplemental
matters be attended to which may be considered relevant in connection
with the above.
The Commission may, at any time, take the assistance of any institution,
consultants, experts and such other technical and professional persons,
as it may consider necessary, and ask them to study, investigate,
inquire into any matter or issue and submit report or reports or
furnish any information. The Commission may determine the terms
and conditions for engagement of such professionals.
If the report or information obtained in terms of the above regulations
or any part thereof is proposed to be relied upon by the Commission
for forming its opinion or view in any proceedings, the parties
to the proceedings shall be given a reasonable opportunity for filing
objections and making submission on the report or information.
No generating Company, except that which has
entered into or otherwise has a composite scheme for generation
and sale of electricity in more than one State, shall charge their
customers any tariff for supply of electricity without the general
or specific approval of such tariff by the Commission
No utility shall fix any tariff for intra-state transmission, distribution
or supply of electricity and terms and conditions for the supply
of electricity, without the general or specific approval of the
Provided that the existing tariff being charged by generating companies
shall continue to be charged after the date of effect of these regulations
for such period as may be specified by a notification, without prejudice
to the powers of the Commission to take up any matter relating to
tariff falling within the scope of Section 22 of the Act.
Any generating company proposing to enter into any agreement for
supply of electricity between the generating company and any buying
party shall get the approval of the Commission for the tariff before
entering into such contracts.
Without prejudice to the generality of the powers of the Commission
in regulating the tariff of utilities, the Commission may keep in
view, among others, the following factors, while determining the
the need to link tariff adjustments to increases in the productivity
of capital employed and improvement in efficiency so as to safeguard
the interests of the consumer;
the need to rationalise tariffs on the basis of the actual cost
of generation, transmission, distribution and supply;
the unbundling of costs so as to enable the rational allocation
the need to provide transparently the appropriate incentives, in
a non-discriminatory manner, for a continuous enhancement in the
efficiency of generation, transmission, distribution and supply
and upgradation in the levels of service;
the simulation of competitive conditions where markets do not exist
and the progressive introduction of competitive conditions;
the least cost adoption of environmental standards;
the provision of a level playing field for all utilities so as to
promote the progressive involvement of the private sector in generation,
transmission, distribution and supply, and
the need for healthy growth of the industry.
Any other matter relevant in the opinion of the Commission.
The Commission shall regulate the charges payable to the transmission
utility, including the charges for wheeling power in course of intra-state
The Commission may work out appropriate incentive schemes for utilities
for better performance, which shall be notified from time to time.
The Commission may approve differential tariffs linked to factors
like the quantum of power consumed, time of day (ToD) metering,
power factor, and payment terms with built in incentives for timely
payment of bills.
Utilities, who are required to get their tariff approved by the
Commission, shall evolve tariff proposals based on the terms and
conditions as may be notified by the Commission and shall submit
the same for approval, in accordance with the procedure prescribed
by the Commission.
All petitions for approval of tariff (generation, transmission,
distribution and supply) and terms and conditions of supply shall
be made strictly in accordance with regulations and procedures as
may be prescribed by the Commission and shall also be in conformity
with the requirements relating to petitions as prescribed in Chapter
II of these Regulations.
The Commission may approve the proposed tariff on such stipulations
as may be considered appropriate and as may be specified in the
The Commission may get the books and records (or true certified/zerox
copies thereof) of the utilities concerned examined by its officers
and/or by Consultants at any point of time during the pendency of
the petition or otherwise. The report of the officers/consultants
shall be made available to the parties concerned and they shall
be given opportunity to react on the report in the manner as prescribed
in regulation 59.
The utilities concerned shall publish the tariff as approved by
the Commission in the manner as may be prescribed. The tariff so
published shall be in force from the date specified in the said
publication not being earlier than the date of such publication
and shall be in force until any amendment is approved by the Commission
Any utility found to be charging a tariff different from the one
approved by the Commission shall be deemed to have not complied
with the directions of the Commission and shall be liable to penalties
under Section 45 of the Act, without prejudice to any other penalty
to which it may be liable under any other Act. Any excess charge
of tariff by any utility in any year shall be dealt with as per
the directions of the Commission.
The Commission, on being satisfied that there is need to review
the tariff and terms and conditions of any utility, shall, on its
own, initiate the process of revision in accordance with the procedure
as may be prescribed. The proceedings for suo motu review of the
tariff shall be the same as set out in Chapter II of these Regulations.
The utilities shall submit periodic returns as may be prescribed,
containing operational and cost data to enable the Commission to
monitor the implementation of its order and reassess the bases on
which tariff was approved.
of Commission's records and confidentiality:
Records of the Commission, except those parts which, for reasons
specified by the Commission, are confidential or privileged, shall
be open to inspection by all, subject to the payment of the fee
and complying with the terms as the Commission may direct.
The Commission may, on such terms and conditions as the Commission
considers appropriate, provide for the supply of the certified copies
of the documents and papers available with the Commission to any
The Commission may, by order, direct that any information, documents
and other papers and materials produced before the Commission or
any of its Officers, consultants, representatives or otherwise which
may be, or come into, their possession or custody, shall be confidential
or privileged and shall not be available for inspection or supply
of copies, and the Commission may also direct that such document,
papers, or materials shall not be used in any manner except as specifically
authorised by the Commission.
Issue of orders and directions:
Subject to the provisions of the Act and these Regulations, the
Commission may, from time to time, issue orders and directions in
regard to the implementation of the Regulations and procedure to
be followed and various matters which the Commission has been empowered
by these Regulations to specify or direct.
Saving of inherent power of the Commission:
Nothing in these Regulations shall be deemed to limit or otherwise
affect the inherent power of the Commission to make such orders
as may be necessary for ends of justice or to prevent the abuse
of the process of the Commission.
Nothing in these Regulations shall bar the Commission from adopting
in conformity with the provisions of the Act, a procedure, which
is at variance with any of the provisions of these Regulations,
if the Commission, in view of the special circumstance of a matter
or class of matters and for reasons to be recorded in writing, deems
it necessary or expedient for dealing with such a matter or class
Nothing in these Regulations shall, expressly or impliedly, bar
the Commission to deal with any matter or exercise any power under
the Act for which no resolutions have been framed, and the Commission
may deal with such matters, powers and functions in a manner it
General power to amend:
The Commission may, at any time and on such terms as to costs
or otherwise, as it may think fit, amend any defect or error in
any proceedings before it, and all necessary amendments shall be
made for the purpose of determining the real question or issue arising
in the proceedings.
Power to remove difficulties:
If any difficulty arises in giving effect to any of the provisions
of these regulations, the Commission may, by general or special
order, do anything not being inconsistent with the provisions of
the Act, which appears to it to be necessary or expedient for the
purpose of removing the difficulties.
Extension or abridgement of time prescribed:
Subject to the provisions of the Act, the time prescribed by these
regulations or by order of the Commission for doing any act may
be extended (whether it has already expired or not) or abridged
for sufficient reason by order of the Commission.
Effect of non-compliance:
Failure to comply with any requirement of these regulations shall
not invalidate any proceeding merely by reason of such failure unless
the Commission is of the view that such failure has resulted in
miscarriage of justice.
Subject to such conditions and limitation as may be directed by
the Commission, the costs of and incidental to all proceedings shall
be awarded at the discretion of the Commission and the Commission
shall have full power to determine by whom or out of what funds
and to what extent such costs are to be paid and give all necessary
directions for the aforesaid purposes.
The costs shall be paid within 30 days from the date of the order
or within such time as the Commission may, by order, direct. The
order of the Commission awarding costs shall be executed in the
same manner as the decree/order of a Civil Court.
Enforcement of orders passed by the Commission:
The Secretary shall ensure enforcement and compliance of the orders
passed by the Commission, by the persons concerned in accordance
with the provisions of the Act and regulations and, if necessary,
may seek the orders of the Commission for directions.
Before the Maharashtra Electricity Regulatory
(To be filled by the Office)
IN THE MATTER OF
(Gist of the purpose of the Petition or application)
IN THE MATTER OF
(Names and full address of the petitioner's/applicants and names and
full addresses of the respondent)
Fact of the case/petition be stated in short
Submission/Ground in support of the case.
Relief clause : Relief prayer made in the petition be stated shortly
Signature of the Petitioner
Before the Maharashtra Electricity Regulatory
(To be filled by the Office)
IN THE MATTER OF
(Gist of the purpose of the Petition or application)
IN THE MATTER OF
(Names and full address of the petitioner's/applicants and names and
full addresses of the respondent)
Affidavit verifying the Petition reply/application
I, A.B., son of .............................. aged ..............................
residing at ............................................................
do solemnly affirm and say as follows:
1. I am the petitioner/applicant/respondent etc., or I am a Director/Secretary/Partner
of .............................. the petitioner/applicant/respondent
in the above matter and am duly authorised by the said petitioner/applicant/respondent
to make this affidavit.
2. The statements made in paragraphs ..............................
of the petitioner/applicant/reply herein now shown to me and marked
with the letter 'A' are true to my knowledge and the statements made
in paragraphs .............................. are based on information
and I believe them to be true.
Solemnly affirm at ..............................
on this day of .............................. that the contents of
the above affidavit are true to my knowledge, no part of it is false
and nothing material has been concealed therefrom.
Identified before me.
Dated 27th December 1999.
|AMITABH RAJAN, I.A.S.