Chapter III FUNCTIONS AND POWERS OF COMMISSION

Subject to the provisions of this Act, the Commission shall perform the following functions, namely:-

(a) to regulate purchase, transmission, distribution, supply and utilisation of electricity, the quality of service and the tariff and charges payable for the transmission, distribution or supply of electricity having regard to the interest of both the consumers and other persons availing the services and the utilities;

(b) to regulate the procedure-

(i) for purchase and procurement of electricity from any source for transmission, sale, distribution and supply thereof in the State; and

(ii) for the determination of the price for such purchase or procurement;

(c) to promote efficiency, economy and safety in the use of the electricity in the State;

(d) to determine the tariff for electricity; wholesale, bulk, grid or retail in accordance with the provisions of this Act;

(e) to determine the tariff payable for the use of the intra-State transmission facilities in accordance with the provisions of this Act;

(f) to issue licences in accordance with the provisions of this Act and determine the conditions to be included in the licences;

(g) to levy fees, charges and fines in accordance with the provisions of this Act and retain the same for its expenses;

(h) to regulate the working of the licensees and to enable that the working of licensees is efficient, economical and equitable;

(i) to require licensees to formulate prospective plans and schemes in co-ordination with the other persons for the promotion of generation, transmission, distribution, supply and use of electricity;

(j) to require the licensees to collect data and forecast the demand for use of electricity;

(k) to set and enforce standards for the electricity industry in the State including standards relating to safety, quality, continuity and reliability of service;

(l) to promote competitiveness in the electricity industry in the State;

(m) to formulate standards, codes and practices for operation of the State Grid and the power system;

(n) to promote efficient utilisation and conservation of electricity, reduction of wastes and losses in the use of electricity;

(o) to give such advice to the State Government, as the Commission deems appropriate, on matters concerning generation, transmission, distribution, supply and utilisation of electricity in the State;

(p) to refer, if the Commission deems appropriate, matters to other agencies and bodies dealing with consumer disputes, restrictive and unfair trade practices and management and administration of the affairs of the licensees;

(q) to adjudicate upon the disputes and differences between the licensees and to refer matters for arbitration, if considered necessary in accordance with the provisions of this Act; and

(r) to undertake all incidental or ancillary functions that the Commission may consider appropriate.

(1) The Commission shall, for the purposes of any inquiry under this Act have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document or other material object producible as evidence;

(c) receiving of evidence on affidavits;

(d) requisitioning of any public record or a copy thereof from any court or office;

(e) issuing commissions for examination of witnesses or documents;

(f) review of its decisions, directions and orders; and

(g) any other matter which may be specified by the Commission by regulations.

(2) The Commission shall have the power to pass such interim order in any matter before it, as it may consider appropriate.

(3) Where the Commission is of the opinion that it is necessary so to do for the purposes of this Act, it may require by an order in writing to any person-

(a) to produce before, or to allow examination by, an officer specified in the said order such books, accounts, or other documents in the custody or control of that person, relating to any matter concerning the transmission, distribution, supply or use of electricity, as may be specified in the order, and

(b) to furnish to the officer specified in the order such information in his possession, power or control as may be specified in the order.

(4) Where during any inquiry or proceedings under this Act, the Commission has reason to believe that any books or accounts or documents of or relating to any person engaged in transmission, distribution and supply or use of electricity in relation to whom such inquiry is made or proceedings are undertaken are being or may be destroyed, mutilated, altered, falsified or secreted, the Commission may by written order authorise any officer of the Commission to enter and search any place of business of the person or any other place where the Commission has reason to believe that the person keeps or is for the time being keeping the books, or accounts or documents and to seize the same and after granting a receipt therefore retain the same for so long as is necessary in connection with such inquiry.

(5) The provisions of the Code of Criminal Procedure, 1973 relating to searches shall apply so far as may be, to the search made under sub-section (4).

(6) The Commission may, by a general or special order call upon any person to furnish to the Commission periodically or, as and when required, any information concerning his activities related to generation, transmission, distribution and supply or use of electricity.

(7) Notwithstanding anything contained in sections 12 to 16 (both inclusive) and sections 18 and 19 of the Indian Electricity Act, 1910, the Commission may for the purpose of placing of the electric supply lines, appliances and apparatus for transmission, distribution and supply of electricity, by order in writing, confer upon a licensee or any other person engaged in transmission, distribution or supply of electricity any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect to placing of telegraph lines and posts subject to such conditions as the Commission may specify in such order.