Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023

Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023

DELHI ELECTRICITY REGULATORY COMMISSION

NOTIFICATION

Delhi, the 1st March, 2024

Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023

No. F. 11(2086)/DERC/2022-23/C.F.No.7689/2430.—In exercise of the powers conferred by section 27(A) of the Energy Conservation (Amendment) Act, 2022, The Delhi Electricity Regulatory Commission for discharge of functions of Adjudicating Officer and conduct of proceedings before Adjudicating Officer hereby, makes the Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023, namely:- Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023

CHAPTER I GENERAL

1. Short title, commencement, and interpretation

(i) These Regulations may be called the Delhi Electricity Regulatory Commission (Conduct of Business for Holding Inquiry by Adjudicating Officer) Regulations, 2023.

(ii) These Regulations shall extend to the whole of the State of Delhi.

(iii) These Regulations shall come into force on the date of their publication in the official Gazette.

2. Objective: – The objective of these regulations is to provide provisions regarding process of adjudication before the Adjudicating Officer appointed by the Commission under section 27(A) of the Energy Conservation Act, 2001 as amended from time to time.

3. Definitions and Interpretation

(i) In these Regulations, unless the context otherwise requires:

• (a) ‘Act’ means the Energy Conservation Act, 2001;
• (b) “Adjudicating Officer” means the Adjudicating Officer appointed by Commission under section 27(A) of the Act;
• (c) “BEE” means Bureau of Energy Efficiency;
• (d) ‘Commission’ means the Delhi Electricity Regulatory Commission.
• (e) ‘Secretary’ means the Secretary of the Commission.
• (f) “designated consumer” means any consumer specified under clause (e) of section 14 of the Act.
• (g) “penalty” refers to penalty that the Adjudicating Officer is empowered to impose under the Act,
• (h) “Interlocutory Application” means an application filed in any petition or proceeding already instituted
  before the Adjudicating Officer but does not include an application for review.
• (i) “officer” means an officer of the Commission;
• (j) “proceedings” means proceedings of all nature that the Adjudicating Officer may decide to initiate or hold in the discharge of its functions under the Act but any preliminary meeting or any action done by the Adjudicating Officer before such initiation shall not be a proceeding for the purposes of these regulations;
• (k) “receiving officer” means an officer designated by the Adjudicating Officer for the purpose of receiving the petitions;

(ii) 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.

4. Scope: – These regulations shall be applicable for holding enquiries by Adjudicating Officer on receiving complaints regarding violation of provisions of section 14 and or section 15 of the Act in the manner as specified in these regulations.

5. Adjudicating Officer’s office, office hours and sittings

• (i) The Adjudicating Officer shall function from his office at the Commission.
• (ii) Unless otherwise directed, the office of the Adjudicating Officer shall be open daily except on second and fourth Saturdays and Sundays and holidays notified by the State Government from time to time.
• (iii) The office of the Adjudicating Officer shall be open from 10:00 hours to 16:30 hours on all working days or at such times as the Commission may direct.
• (iv) Where the last day for doing of any act falls on a day on which the office of the Adjudicating Officer 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.
• (v) The Adjudicating Officer may hold sittings for hearing matters at the headquarters or at any other place on days and time to be specified by the Adjudicating Officer.

6. Language of the Adjudicating Officer

• (i) The proceedings of the Adjudicating Officer shall be conducted in English. The Adjudicating Officer may allow any person to plead or represent the case in any local language as recognised by the State Government.
• (ii) No petition/representation, documents or other materials contained in any language other than English shall be accepted by the Adjudicating Officer unless the same is accompanied by a translation thereof in English. However, the Adjudicating Officer may relax and accept any petition given in any recognized local language of the State without translation in English in deserving cases in his discretion.
• (iii) The Adjudicating Officer may direct that the petition, documents, or other materials in English be translated to any other State language or vice versa.

7. Seal of the Adjudicating Officer: –

• a. There shall be a separate seal indicating that it is the seal of the Adjudicating Officer.
• b. Every order or communication made, notice issued or certified copy granted by the Adjudicating Officer shall be stamped with the seal of the Adjudicating Officer and shall be certified by Secretary of the Commission or an officer designated for the purpose.

8. Officers of the Commission: –

(1) The Commission may delegate to its officers such functions including the functions to be exercised by the Secretary on the specified terms and conditions.

(2) The Commission shall have the powers to engage consultant/ staff for assisting the Adjudicating Officer in the matters related to adjudication.

(3) The Secretary shall have custody of the seal and records of the Adjudicating Officer and shall exercise such functions as are assigned to him by these regulations or otherwise by the Commission.

(4) In particular, and without prejudice to the generality of the provision of the subclause (2) above, the officers of the Commission shall have the following functions, namely: –

• (i) He shall receive or cause to receive all petitions, applications, other filings, or references pertaining to the Adjudicating Officer;
• (ii) He shall prepare or cause to prepare the briefs and summaries of all such filing presented before the Adjudicating Officer;
• (iii) He shall assist the Adjudicating Officer in proceedings conducted by the Adjudicating Officer;
• (iv) He shall authenticate the orders passed by the Adjudicating Officer;
• (v) He shall ensure compliance of the orders passed by the Adjudicating Officer; and
• (vi) He shall have the right to collect from the Central Government, State Government and their agencies, the Licensees or other offices, companies and firms or any other person as may be directed by the Adjudicating Officer, such information as may be considered useful for the purpose of efficient discharge of the functions of the Adjudicating Officer under the Act.

(5) In the absence of the Secretary, such other officers of the Commission, as may be authorized by the Commission, may exercise all the functions of the Secretary.

(6) The Adjudicating Officer shall always have the authority, either on an application made by any interested or affected party or suo-moto, to review, revoke, revise, modify, amend, alter, or otherwise change any order made or action taken by the Secretary of the Commission, if the Adjudicating Officer considers it to be appropriate.

CHAPTER II

GENERAL RULES CONCERNING THE PROCEEDINGS BEFORE THE ADJUDICATING OFFICER

9. Authorised representative to appear before Adjudicating Officer………….   Read more.

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