Powers of the Commission

(1) The Commission shall, for the purposes of any inquiry or proceedings under this Act, have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:-

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

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

(c) the reception of evidence on affidavits;

(d) the requisition of any public record from any court or office;

(e) the issue of commission for examination of witnesses;

(f) the appearance of parties and consequences of non-appearance;

(g) the grant of adjournments at the hearing; and

(h) review of its decisions, directions and orders.

(2) The Commission shall have the power to require any person,-

(a) to produce before and allowed to be examined and kept by, an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of, the person so required as may be specified or described in the requisition, being documents relating to any matter concerning the generation, transmission, distribution and supply or use of electricity, the functioning of any undertaking involved in the above areas and other matters, the examination of which the Commission considers necessary or relevant for the purposes of this Act or the discharge of the functions by the Commission under this Act ; and

(b) to furnish to an officer so specified such information as may be required for the purposes of this Act or such other information as may be in his possession in relation to any activity carried on by any other person.

(3) For the purpose of enforcing the attendance of witnesses the local limits of the jurisdiction of the Commission shall be the limits of the territory of India.

(4) Where, during any inquiry or proceedings under this Act, the Commission has any grounds to believe that any books or papers or documents thereof, or relating to any unit or person in relation to which such inquiry is being made or which the owner of such unit may be required to produce in such inquiry, are being or may be, destroyed, mutilated, altered, falsified or secreted, it may, by a written order authorise any officer of the Commission to exercise the powers of entry, search and seizure as may be exercised by an Inspector appointed for inspection under sections 240 and 240-A of the Companies Act, 1956 (Central Act 1 of 1956).

(5) Notwithstanding anything contained in any other law for the time being in force, the Commission may, by a general or special order, call upon any person including the generating companies or the licensees to furnish to the Commission periodically or as and when required, any information concerning the activities carried on by such person relating to generation, transmission, distribution and supply or use of electricity, the connection between such person and any other person or undertaking including such other information relating to the organisation and the, business, cost of production and other requirements as may be prescribed, to enable the Commission to carry out its functions under this Act.

(6) The Commission shall be entitled to exercise the above mentioned powers to call for information, details, books, accounts and other documents from any person and make inquiry for the purposes of providing the same to the Central Electricity Authority, the Central Electricity Regulatory Commission, the Central Government and the State Government or other Government authorities.

(7) In the discharge of its function, the Commission shall be entitled to and shall consult, to the extent the Commission considers appropriate from time to time, such persons or group of persons who may be affected or are likely to be affected by the decisions of the Commission.

(8) All persons to whom notices may be issued pursuant to this Act, shall duly, faithfully and effectively furnish the information, details, books, accounts and other documents, which the Commission directs to be provided and the persons shall be proceeded with and punishable for any failure or delay to comply with such requirements, directions and orders issued by the Commission.

(9) Notwithstanding anything contained in sections 12 to 16 (both inclusive) and sections 18 and 19 of the Indian Electricity Act, 1910, for the placing of the electric supply lines, appliances and apparatus for transmission, distribution and supply of energy, the Commission may, by order in writing, confer upon licensees or any other person engaged in the business of transmission, distribution or supply of energy to the public under the Act, subject to such conditions and restrictions as the Commission may provide, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect to placing of telegraph lines and post.