GOVERNMENT OF WEST BENGAL
DEPARTMENT OF POWER & NON-CONVENTIONAL ENERGY SOURCES
No. 113-PO/O/C-III/3R-09/2005 (Pt.). 10th April 2013.
In exercise of the powers conferred by clause (1) of sub-section (2) of section 180 of the Electricity Act, 2003 (36 of 2003), the Governor is pleased hereby to make the following rules regulating the procedure for holding inquiry by an Adjudicating Officer of the West Bengal Electricity Regulatory Commission
1. Short title and commencement
(1) These rules may be called the West Bengal Electricity Regulatory Commission (Procedure for Holding Inquiry by Adjudicating Officer) Rules, 2013.
(2) They shall come into force on the date of their publication in The Official Gazette.
(1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Electricity Act, 2003;
(b) “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section (1) of section 143 of the Act;
(c) “Commission” means the West Bengal Electricity Regulatory Commission;
(d) “Section” means a section of the Act.
(2) Words and expression used and not defined in these rules but defined in the Act, shall have the same meanings as respectively assigned to them in the Act.
3. Procedure for holding Inquiry by Adjudicating Officer
(1) Whenever the Commission appoints an Adjudicating Officer, a copy of the appointment order shall be provided to the person concerned.
(2) In holding an inquiry under the Act, the Adjudicating Officer shall, in the first instance, issue a notice to the person concerned requiring him to show cause within twenty one days from the date of issue of such notice, as to why an inquiry should not be held against him.
(3) Every notice under sub-rule (2) shall indicate the nature of contravention alleged to have been committed.
(4) If, after considering the cause, if any, shown by concerned person or where no cause is shown, the Adjudicating Officer is of the opinion that an inquiry should be hold, he shall for reasons to be recorded in writing, issue a notice for fixing a date for the appearance of that person either personally or through an authorized representative.
(5) The Adjudicating Officer shall provide an opportunity to the concerned person to produce such evidence as he may consider relevant and necessary for the inquiry.
(6) If any person fails, neglects or refuses to appear before the Adjudicating Officer as required under sub-rule (2), the Adjudicating Officer may proceed with the inquiry in the absence of such person after recording the reasons for doing so.
(7) The Adjudicating Officer, while holding an inquiry, shall follow as far as possible the same procedure as is followed in the proceedings of the Commission in exercise of its powers and in the discharge of its functions under the provisions of the Act.
(8) The Adjudicating Office shall complete the inquiry within sixty days from the date of his appointment.
(9) Where the inquiry may not be completed within the period of sixty days, the Adjudicating Officer may, after recording reasons in writing, seek extension of time from the Commission for a further period of sixty days.
By order of the Governor,
M. K. DE,
Principal Secy. to the
Govt. of West Bengal.