Vidhi Codex

section 10

Powers of Commission

Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000
Infrastructure200061 sections14 chapters
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Chapter III FUNCTIONS, POWER AND PROCEEDINGS OF COMMISSION

Statutory text
  1. (1) The Commission shall, for the purposes of any inquiry or proceeding under this Act, have the powers as are vested in a Civil Court under The Code of Civil Procedure,1908 (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 examination 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 review of its decisions, directions and orders and
    • (g) Any other matters which may be prescribed by the State Government.
  2. (2) The Commission shall have the powers to pass such interim orders in any proceeding, hearing or matter before the Commission, as the Commission may consider appropriate.
  3. (3) The Commission may by general or special order in writing and subject to such conditions as may be specified in the order, delegate to any member, officer or any other person, such of the powers under this Act to aid and assist the Commission.
  4. (4) The Commission shall have the power to require any person-
    • (a) to produce before, an officer of the Commission specified in this behalf, who is allowed to examine and keep, 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, sub-transmission, distribution, supply or utilisation of electricity, the functioning of any undertaking involved in the above areas and other matters, the examination of which the Commission considers is 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 in the possession, power or control of the person as may be required by the Commission for the purpose of discharging its function under this Act,
  5. (5) The Commission or any other officer, not below the rank of a Gazetted Officer specially authorised in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of Section 100 of the Code of Criminal Procedure,1973 (No.2 of 1974), in so far as it may be applicable.
  6. (6) Where, during any enquiry or proceedings under this Act, the Commission has any ground to believe that any books or accounts or documents of, 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, the Commission 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 Section 240 and 240-A of the Companies Act, 1956 (1of 1956). (7)
    • (a) Notwithstanding anything contained in any other law for the time being in force and for the purpose of discharging its functions, the Commission may, be 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 by the Commission any information concerning the activities related to generation, transmission, Sub-transmission, distribution, supply or utilization of electricity, including the relationship or the connection between such person and any other person or undertaking: and
    • (b) The Commission shall be entitled to exercise powers to call for information, books, accounts, and other documents concerning the activities mentioned in clause (a) From any person for the purposes, of providing the same to the Central Commission, Central Electricity Authority, the Central Government and the State Government.
  7. (8) In the discharge of its functions, the Commission shall be entitled to consult to the extent the Commission considers appropriate from time to time such persons or classes of persons who may be affected or likely to be affected by the decisions of the Commission.
  8. (9) A person to whom a notice is issued under this section shall duly furnish the information, books, accounts and other documents, which the Commission directs to furnish and the person shall be proceeded against and punishable for any failure or delay in complying with the directions issued by the Commission.
  9. (10) Notwithstanding anything contained in Section 12 to 16 (both inclusive) and Sections 18 and 19 of the Indian Electricity Act,1910 (Act 9 of 1910), and for the placing of the electric supply lines, appliances and apparatus for transmission, sub-transmission, distribution and supply of electricity, the Commission may, by order in writing, confer upon licensees or any other person engaged in transmission, sub-transmission, distribution or supply of electricity , any of the powers which the telegraph authority exercises under the Indian Telegraph Act, 1885 (No.13 of 1885), with respect to placing of telegraph lines and post subject to such conditions as the Commission may specify.

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