Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999
Last Updated 22nd August, 2019 [ap502]
General1. Short title, commencement and interpretation. - (1) These Regulations maybe called the Andhra Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 1999. (2) They shall come into force on the date of their publication in the Official Gazette. (3) They extend to the whole of the State of Andhra Pradesh. (4) The Andhra Pradesh General Clauses Act shall apply to the interpretation of these Regulations. 2. Definitions. - (1) In these Regulations, unless the context otherwise requires :
(a) "Act" means the Andhra Pradesh Electricity Reform Act, 1998:
(b) "Chairman" means the Chairman of the Andhra Pradesh Electricity Regulatory Commission;
(c) "Commission" means the Andhra Pradesh Electricity Regulatory Commission:
(d) "Member" means a member of the Andhra Pradesh Electricity Regulatory Commission;
(e) "Officer" means an Officer of the Commission;
(f) "Petition" shall means and include petitions, applications, complaints, appeals, replies, rejoinder and supplemental pleadings:
(g) "Proceedings" shall include proceedings of all nature that the Commission may hold in the discharge of its functions under the Act:
(h) "Secretary" means the Secretary of the Andhra Pradesh Electricity Regulatory Commission.(2) Words or expressions occurring in these Regulations and not defined herein above shall bear the same meaning as in the Act. 3. Commission's offices, office hours and sittings. - (1) The place of the offices of the Commission may from time to time be specified by the Commission, by an order made in that behalf. (2) Unless otherwise directed, the headquarters and other offices of the Commission shall be open daily except on Second Saturday of each month, Sundays and holidays notified by the Government of Andhra Pradesh. The headquarters and other offices of the Commission shall be open at such times as the Commission may direct. (3) Where the last day for doing of any act falls on a day on which the office of the Commission is closed and by reason there of, the act cannot be done on that day, it may be done on the next day on which the office is open. (4) The Commission may hold sittings for hearing matters at the headquarters or at any other place on days and time to be specified by the Commission. 4. Language of the Commission. - (1) The proceedings of the Commission shall be conducted in English. (2) No petition, documents or other matters contained in any language other than English shall be accepted by the Commission unless the same is accompanied by a translation thereof in English. (3) Any translation which is agreed to by the parties to the proceedings or which any of the parties may furnish with an authenticity certificate of the person, who had translated to English, may be accepted by the Commission in appropriate cases as a true translation. 5. Seal of the Commission. - (1) There shall be a separate seal indicating that it is the seal of the Commission. (2) Every order or communication made, notice issued or certified copy granted by the Commission shall be stamped with the seal of the Commission and shall be certified by an Officer designated for the purpose. 6. Officers of the Commission. - (1) The Secretary shall have the custody of the seal and records of the Commission and shall exercise such functions as are assigned to him by these Regulations or otherwise by the Commission or the Chairman. (2) The Secretary may, with the approval of the Commission, delegate to any other Officer of the Commission any functions required by these Regulations or otherwise, to be exercised by the Secretary. (3) In the absence of the Secretary, such other Officer of the Commission, as may be nominated by the Chairman, may exercise all the functions of the Secretary. (4) The Commission shall always have the authority, either on an application made by any interested or affected party or suo motu to review, revoke, revise, modify, amend, alter or otherwise change any order made or action taken by the Secretary or other Officers of the Commission, if the Commission considers it to be appropriate.
General Rules concerning the proceedings before the Commission7. Proceedings before the Commission. - (1) The Commission may from time to time hold such proceedings as it may consider appropriate in the discharge of its functions under the Act. The Commission may appoint an Officer or any other person whom the Commission considers appropriate to represent the matter as Commission's representive in the proceedings. (2) (i) All matters which the Commission is required under the Act to undertake and discharge through hearings shall be done through hearing in the manner specified under the Act and in these Regulations.
(ii) Except where the Commission may provide otherwise for reasons to be recorded in writing, all matters affecting the rights or interests of the licensee or any other person or class of persons shall be undertaken and discharged through hearing in the manner specified in these Regulations.
(iii) The Commission may hold hearings in matters other than those specified in sub-regulations (i) and (ii) of Regulation 7(2) if the Commission considers it appropriate to do so.8. Initiation of Proceedings. - (1) The Commission may initiate any proceeding suo motu or on a petition filed by any affected person. (2) When the Commission initiates the proceedings it shall be by a notice issued by the Office of the Commission and the Commission may give such orders and directions as may be deemed necessary, for service of notices to the affected or interested parties, for the filing of replies and rejoinders in opposition or in support of the petition in such form as the Commission may direct. The Commission may, if it considers appropriate, issue orders for advertisement of the petition inviting comments on the issue involved in the proceedings in such form as the Commission may direct. (3) While issuing the notice of inquiry the Commission may, in suo motu proceedings and other appropriate cases, designate an Officer of the Commission or any other person whom the Commission considers appropriate to present the matter in the capacity of a petitioner in the case. 9. Petitions and pleadings before the Commission. - All petitions to be filed before the Commission shall be type written, cyclostyled or printed neatly and legibly on white paper and every page shall be consecutively numbered. The contents of the petition should be divided appropriately into separate paragraphs which shall be numbered serially. The petition shall be accompanied by such documents as the Commission may specify. 10. General headings. - The general heading in all petitions before the Commission and in all advertisements and notices shall be in Form 1 (Annexure I). 11. Affidavit in support. - (1) Petitions filed shall be verified by an affidavit, if so directed by the Commission and every such affidavit shall be in Form 2 (Annexure-II). (2) Every affidavit shall be drawn up in the first person and shall state the full name, age, occupation and address of the deponent and the capacity in which he is signing and shall be signed and sworn before a person lawfully authorised to take and receive affidavits. (3) Every affidavit shall clearly and separately indicate the statements which are true to the-
(i) knowledge of the deponent:
(ii) information received by the deponent: and
(iii) belief of the deponent.(4) Where any statement in affidavit is stated to be signature to the information received by the deponent, the affidavit shall also disclose the source of the information and a statement that the deponent believes that information to be true. 12. Presentation and scrutiny of the pleadings, etc. - (1) All petitions shall be filed in such number of copies as the Commission may specify and all such copies shall be complete in all respects. (2) All petitions shall be presented in person or by any duly authorised agent to an officer designated for the purpose by the Commission (hereinafter called the Receiving Officer) at the headquarters or such other filing center or centers as may be notified by the Commission from time to time and during the time notified. The petitions may also be sent by Registered Post with Acknowledgement Due to the Commission at the places mentioned above. The vakalatnama in favour of the Advocate and, in the event the petitions are presented by the authorized agent or representative, the document authorizing the agent or representative shall be filed along with the petition, if not already filed on the record of the case. (3) The presentation and the receipt of the petition shall be duly entered in the register maintained for the purpose by the office of the Commission. (4) Upon the receipt of the petition, the Receiving Officer shall acknowledge the receipt by stamping and endorsing the date on which the petition has been presented and shall issue an acknowledgement with stamp and date to the person filing the petition. In case the petition is received by registered post the date on which the petition is actually received at the office of Commission shall be taken as date of the presentation of the petition. (5) the Receiving Officer may decline to accept any petition which is not in conformity with the provisions of the Act or the Regulations or directions given by the Commission or otherwise defective or which is presented otherwise than in accordance with the Regulations or directions of the Commission: Provided however that no petition shall be refused for defect in the pleadings or in their presentation, without giving an opportunity to the person filing the petition to rectify the defect within the time which may be given for the purpose. The Receiving Officer shall advise in writing the person filing the petition of the defects in the petition filed. (6) A part aggrieved by any order of the Receiving Officer in regard to the presentation of the petition may request Me matter to be placed before the Secretary of the Commission for appropriate orders. (7) The Chairman or any Member as the Chairman may designate for the purpose shall be entitled to call for the petition presented by the party and give such directions regarding the presentation and acceptance of the petition as he considers appropriate. (8) If on scrutiny, the petition is not refused or any order of refusal is rectified by the Secretary or by the Chairman or the Member of the Commission designated for the purpose, the petition shall be duly registered and given a number in the manner to be specified by the Commission. (9) As soon as the petition and all necessary documents are lodged and the defects and objections, if any, are removed and the petition has been scrutinised and numbered, the petition shall be put up before the Commission for admission. (10) The Commission may admit the petition for hearing without requiring the attendance of the party filing the petition. The Commission shall not, pass an order refusing admission without giving the party concerned an opportunity of being heard. The Commission may if it considers appropriate, issue notice to such person or persons as it may desire to hear the petition for admission. (11) If the Commission admits the petition, it may give such orders and directions as may be deemed necessary, for service of notices to the respondent and other affected or interested parties; for the filing of replies and rejoinder in opposition or in support of the petition in such form as the Commission may direct. 13. Service of notices and processes issued by the Commission.- (1) Any notice or process to be issued by the Commission may be served by any one or more of the following modes as may be directed by the Commission:-
(i) service by the party itself;
(ii) by hand delivery through a messenger;
(iii) by registered post with acknowledgement due; and
(iv) by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, processes, etc., on any person in the manner mentioned above.(2) Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished by him for service or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain. (3) In the event any matter is pending before the Commission and the person to be served has authorised an agent or representative to appear for or represent him or her in the matter, such agent or representative shall be deemed to be duly empowered to takes service of the notices and processes on behalf of the party concerned in all matters and the service on such agent or representative shall be taken and due service on the person to be served. (4) Where a notice is served by a party to the proceedings either in person or through registered post, an affidavit of service shall be filed by the party the party with the Commission giving details of the date and manner of service of notices and processes. (5) Where any petition is required to be advertised it shall be advertised within such time as the Commission may direct and, unless otherwise directed by the Commission, in one issue each of a daily newspaper in English language and in Telugu language having circulation in the area specified by the Commission. (6) The Commission may also effect service or give directions for effecting service in any other manner it considers appropriate. The Commission shall be entitled to decide in each case the person(s) who shall bear the cost of such service and publication. (7) In default of compliance with the requirements of the Regulations or directions of the Commission as regards the service of notices, summons or processes or the advertisement and publication thereof, the Commission may either dismiss the petition or give such other or further directions, as it thinks fit. (8) No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of a person provided that the Commission is satisfied that such service is in other respects sufficient, and no proceeding shall be invalidated by reason of any defect or irregularity in the service or publication unless the Commission, on an objection taken, is of the opinion that substantial injustice has been caused by such defect or irregularity or publication or there are otherwise sufficient reasons for doing so. 14. Filing of reply, opposition, objections, etc. - (1) Each person to whom the notice of inquiry or the petition is issued (hereinafter called the respondent) who intends to oppose or support the petition shall file the reply and the documents relied upon within such period and in such number of copies as may be fixed by the Commission. In the reply filed, the respondent shall specifically admit, deny or explain the facts stated in the notice of inquiry or the petition and may also state such additional facts as he considers necessary for a just decision of the case. The reply shall be signed and verified and supported by affidavit in the same manner as in the case of the petition. The respondent shall also indicate whether he wishes to participate in the proceedings and be orally heard. (2) The respondent shall service a copy of the reply along with the documents duly attested to be true copies on the petitioner or his authorised representative and file proof of such service with the office of the Commission at the time of filing the reply. (3) Where the respondent states additional facts as may be necessary for the just decision of the case, the Commission may allow the petitioner to file a rejoinder to the reply filed by the respondents. The procedure mentioned above for filing of the reply shall apply mutatis mutandis to the filing of the rejoinder. (4) (i) Every person who intends to file objection or comments in regard to a matter pending before the Commission, pursuant to the advertisement and publication issued for the purpose (other than the persons to whom notices, processes, etc., have been issued calling for reply) shall deliver to an Officer designated by the Commission for the purpose the statement of the objection or comments with copies of the documents and evidence in support thereof within the time fixed for the purpose.
(ii) The Commission may permit such person or persons as it may consider appropriate to participate in the proceedings before the Commission, if on the report received from the Officer, the Commission considers that the participation of such person or persons will facilitate the proceedings and the decision in the matter.
(iii) Unless permitted by the Commission, the person filing objections or comments shall not be entitled to participate in the proceedings, However, the Commission shall be at liberty to take into account the objections and comments filed after giving such opportunity to the parties in the proceedings as the Commission considers appropriate to deal with the objections and comments.15. Hearing of the matter. - (1) The Commission may determine the stage, the manner, the place, the date and the time of the hearing of the matter as the Commission considers appropriate, consistent with such specific timing requirements as are set forth in the Act or otherwise the need to expeditiously decide the matter. (2) (i) The Commission may decide the matter on the pleadings of the parties or may call for the parties to produce evidence by way of affidavit or lead oral evidence in the matter.
(ii) If the Commission directs evidence of a party to be led by way of affidavit, the Commission may, as and when the Commission considers it to be necessary, grant an opportunity to the other party to cross-examine the deponent of the affidavit.
(iii) The Commission may, if considered necessary or expedient, direct that the evidence of any of the parties be recorded by an Officer or person designated for the purpose by the Commission.
(iv) The Commission may direct the parties to file written note of arguments or submissions in the matter.16. Power of the Commission to call for further information, evidence, etc. - (1) The Commission may, at any time before passing orders on the matter, require the parties or any one or more of them or any other person whom the Commission considers appropriate, to produce such documentary or other evidence as the Commission may consider necessary for the purpose of enabling it to pass orders. (2) The Commission may direct the summoning of the witnesses, discovery and production of any document or other material objects producible in evidence, requisitioning any public record from any office, examination by an officer of the Commission the books, accounts or other documents or information in the custody or control of any person which the Commission considers relevant for the matter. 17. Reference of issues to others. - (1) At any stage of the proceedings, the Commission shall be entitled to refer such issue or issues in the matter as it considers appropriate to persons including, but not limited to, the Officers and consultants of the Commission whom the Commission considers as qualified to give expert or specialised advice or opinion. (2) The Commission may nominate from time to time any person including, but not limited to, the Officers and consultants to visit any place or places for inspection and report on the existence or status of the place or any facilities therein. (3) The Commission, if it thinks fit, may direct the parties to appear before the persons designated in clause (1) or (2) above to present their respective views on the issues or matters referred to. (4) The report or the opinion received from such person shall form a part of the record of the case and parties shall be given the copies of the report or opinion given by the person designated by the Commission. The parties shall be entitled to file their version either in support or in opposition to the report or the opinion. (5) The Commission shall duly take into account the report or the opinion * given by the person and the reply filed by the parties while deciding the matter and if considered necessary, examine the person giving the report or the opinion: Provided however that the Commission shall not be bound by the report or the opinion given. 18. Procedure to be followed where any party does not appear. - (1) When, on the date fixed for hearing or any other date to which such hearing may be adjourned, if any party or his authorized agent or representative does not appear when the matter is called for hearing, the Commission may, in its discretion, either dismiss the petition for default when the petitioner or the person who moves the Commission for hearing is absent or proceed ex-parte to hear and decide the petition. (2) Where a petition is dismissed in default or decided ex-parte, the person aggrieved may file an application within 30 days from the date of such dismissal or being proceeded ex-parte, as the case maybe, for recall of the order passed, and the Commission may recall the order on such terms as it thinks fit, if the Commission is satisfied that there was sufficient cause for the non-appearance when the petition was called for hearing. 19. Orders of the Commission. - (1) The Commission shall pass orders on the petition and the Chairman and the Members of the Commission, who heard the matter will sign the orders. (2) The reasons given by the Commission in support of the orders, including those by the dissenting member, if any, shall from a part of the order and shall be available for inspection and supply of copies in accordance with these Regulations. (3) All orders and decisions issued or communicated by the Commission shall be certified by the signature of the Secretary or an Officer empowered in this behalf by the Chairman and bear the official seal of the Commission. (4) All final orders of the Commission shall be communicated to the parties in the proceeding under the signature of the Secretary or an Officer empowered in this behalf by the Chairman or the Secretary. 20. Inspection of records and supply of certified copies. - (1) Records of every proceeding shall be open, as of right, to the inspection of the parties or their authorized representatives at any time either during the proceeding or after the orders are passed, subject to payment of fees and- compliance with such other terms as the Commission may direct. (2) Records of every proceeding, except those parts which for reasons specified by the Commission are confidential or privileged, shall be open to inspection by any person other than the parties to the petition either during the proceeding or after the orders have been passed, subject to such person complying with such terms as the Commission may direct from time to time including in regard to time, place and manner of inspection and payment of fees. (3) Any person shall be entitled to obtain certified copies of the orders, decisions, directions and reasons in support thereof given by the Commission as well as the pleadings and papers and other parts of the records of the Commission to which he is entitled, subject to payment of fees and compliance with such other terms as the Commission may direct.
Arbitration of Disputes21. Arbitration. - (1) The arbitration of disputes arising between the licensees under the Act may be commenced by the Commission on the application of any of the licensees concerned. (2) The Commission shall issue notice to-the concerned licensees to show cause as to why the disputes between the licensees should not be adjudicated and settled through arbitration. (3) The Commission may, after hearing the licensees to whom notices have been issued and if satisfied that no reason or cause has been shown against the proposed arbitration, pass an order directing that the disputes or the matter be referred for adjudication and settlement through arbitration either by the Commission or by a person or persons to be nominated by the Commission. 22. Nomination of Arbitrators. - (1) If the Commission decides to refer the matter to arbitration by a person or persons other than the Commission, the reference shall be:
(i) to a sole arbitrator if the parties to the dispute agree on the name of the arbitrator: or
(ii) if the parties are unable to agree on the name of the arbitrator, to a sole arbitrator to be designated by the Commission or to three persons as the Commission may direct taking into account the nature of the dispute and the value Involved and, if the decision is to refer to three arbitrators, one to be nominated by each of the parties to the dispute and the third by the Commission:Provided that if any of the parties fails to nominate the arbitrator or if any of the arbitrator nominated by the parties or the Commission, fails or neglects to act or continue as arbitrator, the Commission shall be entitled to nominate any other person in his place. (2) The Commission shall not nominate a person as arbitrator to whom any of the licensees in the arbitration has a reasonable objection on grounds of possible bias or similar such reasons and the Commission considers the objection to be valid and justified. 23. Procedure for adjudication, settlement and passing of award. - (1) In case the Commission acts as the arbitrator, the procedure for adjudication and settlement to be followed shall be as far as possible the same as in the case of hearing before the Commission provided for in Chapter II above. (2) In case the Commission nominates an arbitrator or arbitrators to adjudicate and settle the dispute, such arbitrator or arbitrators may follow such procedure as they may consider appropriate, but consistent with the principles of natural justice and fair opportunity to be given to the parties to arbitration and also of specific directions if any, issued by the Commission. (3) The arbitrator after hearing the parties shall pass a speaking award giving reasons for the decision on all issues arising for adjudication and forward the award to the Commission within such time as the Commission may specify. (4) The Commission shall give notice of the award given by arbitrator or arbitrators appointed by the Commission to the parties concerned and shall give a n opportunity to the parties to file objections to the award and reply to the objections within such time as the Commission may direct. (5) The Commission shall proceed to hear the parties on the award. The procedure to be followed by the Commission shall be as far as possible the same as in the case of hearing before the Commission provided for in Chapter II of these Regulations above, provided that the hearing shall be confined to the objections raised to the award given by the arbitrator. (6) The Commission shall be entitled to pass appropriate orders, as it thinks fit after giving an opportunity of hearing to the parties. 24. Cost of arbitration and proceedings. - The cost of the arbitration and proceedings before the Commission shall be borne by such parties and in such sums as the Commission may direct.
Licence25. Application for licence. - (1) The Commission may, if considered appropriate, advertise in newspapers or otherwise notify in such other appropriate manner as the Commission may decide, inviting applications for grant of licence. (2) The applications for Transmission Licence and Supply Licence shall made in accordance with the provision of the Act and these regulations. (3) Every application for a licence shall be signed by on behalf of the applicant and addressed to such Officer as the Commission may designate in this behalf and it shall be accompanied by:
(i) such number of copies as the Commission may direct, in print, of the draft licence as proposed by the applicant with the name and address of the applicant and of his agent (if any) printed on the outside of the draft.
(ii) such number of copies as the Commission may direct, each signed by the applicant, of maps of proposed area of transmission or supply and, in the case of supply of the streets or roads in which the supply of energy is to be made, which shall be so marked or coloured as to define any portion of such area and streets or roads which are under the administrative control of any local authority and shall be on such scale as may be approved by the Commission.
(iii) a list of any local authorities invested with the administration of any portion of the area of supply:
(iv) an approximate statement describing any lands which the applicant proposes to acquire for the purpose of the licence and the means of such acquisition:
(v) an approximate statement of the capital proposed to be expended in connection with the utility and such other particulars as the Commission may require;
(vi) a copy of Memorandum and Articles of Association, Annual Accounts for the last three years or other similar documents as maybe required;
(vii) a receipt for such processing fee, as the Commission may require.26. Copies of maps and draft licence for public inspection. - The applicant shall deposit at his own office and of his agents (if any) and at the office of every local authority invested with the administration of any portion of the proposed area of supply;
(1) copies of the maps referred to in clause (3) (ii) of Regulation 25 for public inspection, and
(2) a sufficient number of copies of the draft licence to be furnished to all persons applying for them at a price not exceeding normal photocopying charges per copy.27. Contents of draft licence. - The draft licence shall contain the following particulars:
(1) A short title descriptive of the proposed utility together with the address and description of the applicant, and if the applicant is a company, the names of all the Directors of the company;
(2) Type of licence applied for;
(3) Location of the proposed service area;
(4) A description of the proposed area; and
(5) Such other particulars as the Commission may specify.28. Form of draft licence. - The Commission may, from time to time, prescribe the format of draft licence to be issued and the applicant for licence shall prepare the draft licence in such format with such variation as the circumstances of each case may require. 29. acknowledgement of application. - On receipt of the application, the receiving Officer shall note thereon the date of its receipt and shall send to the applicant an acknowledgement stating the date of receipt. 30. Calling for additional information. - The Commission or the Secretary or any Officer designated for the purpose by the Commission may upon scrutiny of the application, require the applicant to furnish within a period to be specified, such additional information or particulars or documents as considered necessary for the purpose of dealing with the application. 31. Notifying the due filing of the application. - If the Commission finds the application to be complete and accompanied by the requisite information, particulars and documents and applicant has complied with all the requirements for making the application and furnishing of information, particulars and documents, the Commission or the Secretary or the Officer designated for the purpose shall certify that the application is ready for being considered for grant of licence in accordance with the procedure provided in the Act. 32. Advertisement of application and contents thereof. - (1) (i) The applicant shall, within fourteen days from the date of the application publish notice of his application by public advertisement, and such advertisement shall publish such particulars as the Commission may specify.
(ii) The advertisement shall be headed by a short title corresponding to that given at the head of the draft licence and shall give the addresses of the offices at which copies of maps therein referred to may be inspected and the copies of draft licence perused or purchased and shall state that every local authority, utility or person, desirous of making any representation with reference to application to the Commission, may do so by letter addressed to such Officer as the Commission may designate in this behalf, within three months of the date of issue of the first advertisement.(2) The Commission may direct that notice of the application be served on the Central Government, the State Government, the local authority or any other authority or person or body as the Commission may direct in such other manner as the Commission may consider appropriate. 33. Amendment of draft licence. - Any person who desires to have any amendment made in the draft licence shall deliver a statement of the amendment to the applicant and to such Officer as the Commission may designate in this behalf within the time allowed under Section 15(2)(b)(i) of the Act for the submission of representations referring to the application. 34. Objections. - (1) Any person intending to object to the grant of the licence shall file objection within the time and in the manner provided for in the Act, in these Regulations and as the Commission may direct. The objection shall be filed in the form of reply and the provisions of Chapter II dealing with reply shall apply to the filing of such objections. (2) The applicant shall apply for and obtain the no objection certificate required from the Central Government in terms of Section 15(2) (b) (ii) of the Act before the application can be placed for hearing by the Commission for grant of the licence. 35. Hearings and local inquires. - (1) If the applicant has duly arranged for the publication of the notice of the intended application and the time for filing of the objection is over and after the applicant has furnished to the Commission the no objection certificate, if any, required from the Central Government, the Commission may proceed to set the application for regular hearing. (2) The Commission shall give the notice of in quiry or hearing to the applicant, the persons who had filed objections, the Central Government, the State Government and such other authority, person or body as the Commission considers appropriate. (3) (i) If any person objects to the grant of a licence applied for under the Act the Commission may if either the applicant or the objector so desires, cause a local in quiry to be held of which the notice in writing shall be given to both the applicant and the objector:
(ii) In case of such local inquiry a memorandum of the results of the local in quiry made shall be prepared and shall be signed by the applicant, the Officer or person designated for the purpose and such other person as the Commission may direct.(4) The hearing on the application for grant of licence shall thereafter proceed as far as possible in the same manner as provided in Chapter II. 36. Approval of draft licence. - (1) After inquiry if any, and the hearing, the Commission may decide to grant or refuse the licence and if it decides to grant the licence it may do so by approving the draft licence with such modification, changes or additions and subject to such other terms and conditions as the Commission may direct. (2) When the Commission has approved a draft licence, either in its original form or in a modified form, such Officer as the Commission may designate in this behalf, shall inform the applicant of such approval and of the form in which it is proposed to grant the licence and the conditions to be satisfied by the applicant including the fees to be paid for the grant of the licence. 37. Notification of grant of licence. - On receiving an intimation in writing from the applicant that he is willing to accept a licence in the form approved by the Commission and after the applicant satisfies the condition specified for the grant of the licence, the Commission shall publish the licence or such part or gist thereof as the Commission considers appropriate. 38. Date of commencement of licence. - The licence shall commence from the date the Commission may specify as the date of commencement offence. 39. Deposit of maps. - When a licence has been granted, three sets o! maps showing, as regards such licence, the particulars specified in Regulation 25 shall be signed and dated to correspond with the date of the notification of the grant of the licence by such Officer as the Commission may designate in this behalf. One set of such maps shall be retained as the deposited maps by the said Officer and the other two sets given to the licensee. 40. Deposit of Printed copies. - (1) Every person who is granted a licence shall within thirty days of the grant thereof:
(i) have adequate number of copies of the licence printed:
(ii) have adequate number of maps prepared showing the area of supply specified in the licence;
(iii) arrange to exhibit a copy of such licence and maps for public inspection at all reasonable times at his head office and at his local offices (if any) within the area of supply.(2) Every such licensee shall, within the aforesaid period of thirty days, supply free of charge one copy of the licence to every Municipal Corporation, Municipal Office and Mandal Revenue Office within the area of supply and shall also make necessary arrangements for the sale of printed copies of the licence to all persons applying for the same, at a price not exceeding normal photocopying charges per copy. 41. Preparation and Submission of accounts. - (1) Every licensee shall cause the accounts of his utility to be made up to the thirty-first day of March each year. (2) Such licensee shall prepare and render an annual statement of his accounts in accordance with the provisions of the Act, within a period of six months from the aforesaid date, or such extended period as the Commission may authorise after it is satisfied that the time allowed is insufficient owing to any cause beyond the control of the licensee and the statement shall be rendered in such numbers of copies as the Commission direct. (3) The accounts shall be made up in such forms as the Commission may direct from time to time. All the forms shall be signed by the licensee or his accredited and duly authorized agent or manager. (4) The commission may, by special or general order direct that, in addition to the submission of the annual statements of accounts in the forms prescribed in sub-rule (iii), a licensee shall submit to the Commission or such other authority as it may designate in this behalf such additional information as it may require for the purpose. 42. Model conditions of supply of power. - (1) (i) The Commission may check, from time to time, the model conditions of supply to be adopted by the licensee, with such variations as the Commission may direct and the licensee shall furnish to the Commission the finalised conditions of supply for approval.
(ii) The licensee shall always keep in his office an adequate number of printed copies of the sanctioned conditions of supply and shall, on demand, sell such copies to any applicant at a price not exceeding normal photocopying charges.(2) (i) The Commission may pass such orders as it thinks fit in accordance with Sections 28 to 31 of the Act for the contravention or the likely contravention of the licence tenns or conditions by the licensee.
(ii) Subject to the provisions of Sections 28 to 31 of the Act and the procedure prescribed therein, the Commission may follow as far as possible the general procedure prescribed in Chapter II of these Regulations in dealing with a proceeding arising out off a contravention or likely contravention by a licensee.43. Grant of exemption from licence. - (1) An exemption from licence under Section 16 of the Act shall be granted consistent with the provisions of the Act and in accordance with the regulations framed by the Commission from time to time. (2) An application for exemption from the requirement to have a licence shall be made in the form prescribed for the purpose by the Commission, and the application shall contain such particulars and shall be accompanied by such documents as the Commission may direct. The application shall be supported by affidavit as provided in Chapter II of the regulations. Unless otherwise specified in writing by the Commission, a receipt for such processing fee shall accompany each application for exemption as the Commission may require. Unless otherwise specified in writing by the Commission, the procedure for grant of licence in so far it can be applied shall be followed while dealing with an application for exemption from requirement to have a licence. Provided that the applicant for exemption shall apply for and obtain the no objection required from the local authority and the supply licensee as well as the Central Government (if not excluded) in terms of Section 16(1) of the Act before the application is placed for hearing. 44. Revocation of the licence. - (1) The proceedings for revocation of the licence or for passing of any other orders specified in Section 18 of the Act shall be initiated by an order passed by the Commission which the Commission may initiate suo motu or on application of the licensee or on receiving any complaint or information from any person. (2) The Commission may give notice of the proceedings for the revocation of the licence to the licensee and to such other persons, authority or body as it may consider necessary. (3) Subject to the provisions of Sections 28 to 31 of the Act and the procedure prescribed therein, the inquiry by the Commission on the revocation of the licence, in so far it is applicable, shall be in the same manner as provided in Chapter II of the Regulations : Provided that the licensee shall be given not less than three months notice in writing to show cause against the proposed revocation and the notice to show cause issued to the licensee shall clearly state the grounds on which the Commission proposes to revoke the licence as provided in Section 18 of the Act. (4) If the Commission decides to revoke the licence, the Commission shall serve the notice of revocation to the licensee specifying the effective date from which such revocation shall take effect. The notice for revocation of licence, shall be in such form as the Commission may direct. The Commission may, at its discretion order refund in part, the annual licence fee in case of revocation of license. (5) The Commission may instead of revoking the licence pass any other order imposing further terms and conditions subject to which the licensee is permitted to operate thereafter. 45. Amendment of the licence granted. - (1) Application by the licensee or the local authority concerned for alteration or amendment to the terms and conditions of the licence granted in terms of Section 19 of the Act shall be made in such form as may be directed for the purpose by the Commission. The application shall be supported by affidavit as provided in Chapter II of the Regulations. (2) Unless otherwise specified in writing by the Commission each application for amendment or alteration in the licence shall be accompanied by a receipt of such fee as the Commission may require, paid in the manner directed by the Commission. (3) Unless otherwise specified in writing by the Commission, the procedure prescribed in these Regulations for grant of licence, in so far it can be applied, shall be followed while dealing with an application for amendment or alteration of the licence.
Investigation, Inquiry, Collection of Information, etc.46. Collection of information. - (1) The Commission may make such order or orders as it thinks fit in terms of Section 10 of the Act for collection of information, inquiry, investigation, entry, search, seizure and without prejudice to the generality of its powers in regard to the following:
(a) The Commission may, at any time, direct the Secretary or any one or more Officers or consultants or any other person as the Commission considers appropriate to study, investigate or furnish information with respect to any matter within the purview of the Commission under the Act.
(b) The Commission may for the above purpose give such other directions as it may deem fit and specify the time within which the report is to be submitted or information furnished.
(c) The Commission may issue or authorise the Secretary or an Officer to issue directions to any person to produce before it and allow to be examined and kept by an Officer of the Commission specified in this behalf the books accounts, etc., or to furnish to an Officer information, etc., as provided in sub-section (2) of Section 10 of the Act.
(d) The Commission may, for the purpose of collecting any Information particulars or documents which the Commission consider necessary in connection with the discharge of its functions under the Act, issue such directions and follow any one or more of the methods provided for in Section 10 of the Act.
(e) If any such report or information obtained as specified in Section 10 of the Act or in these Regulations appears to the Commission to be insufficient or inadequate, the Commission or the Secretary or an Officer authorised for the purpose may give directions for further inquiry, report and furnishing of information.
(f) The Commission may direct such incidental, consequential and supplemental matters which may be considered relevant in connection with the above, be attended to.(2) In connection with the discharge of the functions under Section 10 of the Act and Regulation 51, the Commission may, if it thinks fit, direct a notice of inquiry to be issued and proceed with the matter in a manner provided under Chapter II of these Regulations. 47. Assistance of Experts. - (1) The Commission may, at any time, take the assistance of any institution, consultants, experts, engineers, chartered accountants, advocates, surveyors and such other technical and professional persons, as it may consider necessary, and ask them to study, investigate, inquire into any matter or issue and submit report or reports or furnish any information. The Commission may determine the terms and conditions for engagement of such professionals. (2) If the report or information obtained in terms of the above Regulations or any part thereof is proposed to be relied upon by the Commission in forming its opinion or view in any proceedings, the parties in the proceedings shall be given a reasonable opportunity for filing objections and making submissions on the report or information.
Appeal Under Section 3848. Hearing of Appeal. - The Commission shall hear the appeal from the decision of the Electrical Inspector in the same manner as applicable in the case of hearing before the Commission provided for in the Chapter II above and if the Commission considers that the appeal has no merit, the Commission shall be entitled to dismiss the appeal at the preliminary admission stage as provided in Regulation 12(10) after giving an opportunity to the appellant concerned.
Miscellaneous49. Review of the decisions, directions and orders. - (1)The Commission may on its own motion, or on the application of any of the person or parties concerned, within 90 days of the making of any decision, direction or order, review such decision, directions or orders and pass such appropriate orders as the Commission thinks fit. (2) An application for such review shall be filed in the same manner as a petition under Chapter II of these Regulations. 50. Continuance of proceedings after death, etc. - (1) Where in any proceedings any of the parties to the proceedings dies or is adjudicated as an insolvent or in the case of a Company under liquidation winding up, the proceedings shall continue with the successors-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the party concerned. (2) The Commission may, for reasons to be recorded, treat the proceedings as abated in case the Commission so directs and dispense with the need to bring the successors-in-interest to come on record. 51. Proceedings to be open to public. - The proceedings before the Commission shall be open to the public. However, admission to the hearing room shall be subject to availability of sitting accommodation, provided that the Commission may, if it thinks fit, and for reasons to be recorded in writing, order at any stage of the proceedings of any particular case that the public generally or any particular person or group of persons shall not have access to or be remain in, the room or building used by the Commission. 52. Publication of petition. - (1) Where any application, petition, or other matter is required to be published under the Act or these Regulations or as per the directions of the Commission, it shall, unless the Commission otherwise orders or the Act or Regulations otherwise provide be advertised not less than 5 days before the date fixed for hearing. (2) Except as otherwise provided, such advertisements shall give a heading describing the subject matter in brief. (3) Such advertisement to be published shall be approved by the Officer of the Commission designated for the purpose. 53. Confidentiality. - (1) Records of the Commission, except those parts which for reasons specified by the Commission are confidential or privileged, shall be open to inspection by all, subject to the payment of fees and compliance with such other terms as the Commission may direct. (2) The Commission may, on such terms and conditions as the Commission considers appropriate, provide for the supply of the certified copies of the documents and papers available with the Commission to any person. (3) The Commission may, by order, direct that any information, documents and other papers and materials produced before the Commission or any of its Officers, consultants, representatives or otherwise which may come into their possession or custody, shall be confidential or privileged and shall not be available for inspection or supply of copies, and the Commission may also direct that such document, papers or materials shall not be used in any manner except as specifically authorized by the Commission. 54. Issue of orders and practice directions. - Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of the Regulations and procedure to be fallowed on various matters which the Commission has been empowered by these Regulations to specify or direct. 55. Saving of inherent power of the Commission. - (1) Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Commission. (2) Nothing in these Regulations shall bar the Commission from adopting a procedure, which is at variance with any of the provisions of these Regulations, if the Commission, in view oi the special circumstances of a matter or class of matters and for reasons to be recorded in writing deems it necessary or expedient. (3) Nothing in these Regulations shall, expressly or impliedly, bar the Commission to deal with any matter or exercise any power under the Act for which no Regulations have been framed, and the Commission may deal with such matters, powers and functions in a manner it thinks fit. 56. General power to amend. - The Commission may, at any time amend any defect or error in any proceeding before it. 57. Power to remove difficulties. - If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, do anything not being inconsistent with the provisions of the Act, which appears to it to be necessary or expedient for the purpose of removing the difficulties. 58. Power to dispense with the requirement of the Regulations. - The Commission shall have the power, for reasons to be recorded in writing and with notice to the affected parties, dispense with the requirements of any of the Regulations in a specific case or cases subject to such terms and conditions as may be specified. 59. Extension or abridgement of time prescribed. - Subject to the provisions of the Act, the time prescribed by these Regulations or by order of the Commission for doing any act may be extended (whether it has already expired or not) or abridged for sufficient reason by order of the Commission. 60. Effect of non-compliance. - Failure to comply with any requirement of these Regulations shall not invalidate any proceeding merely by reason of such failure unless the Commission is of the view that such failure has resulted in miscarriage of justice. 61. Costs. - (1) Subject to such conditions and limitations as may be directed by the Commission, the cost of all proceedings shall be awarded at the discretion of the Commission and the Commission shall have full power to determine by whom or out of what funds and to what extent such costs are to be paid and give all necessary directions for the aforesaid purposes. (2) The costs shall be paid within 30 days from the date of the order or within such time as the Commission may, by order, direct. The order of the Commission awarding costs shall be executed In the same manner as the decree/order of a Civil Court. 62. Enforcement of orders passed by the Commission. - The Secretary shall ensure enforcement and compliance of the orders passed by the Commission, by the persons concerned in accordance with the provisions of the Act and Regulations and if necessary, may seek the orders of the Commission for directions.
(See Regulation 10)
General Heading for ProceedingsBefore The Andhra Pradesh Electricity Regulatory Commission, Hyderabad
File No. :
Case No. :
(To be filled by the Office)In The Matter of : (Gist of the purpose of the petition or application) And In The Matter of : (Names and full addresses of the petitioners/applicants and names and full addresses of the respondents)
Annexure - II
(See Regulation 11)
Before The Andhra Pradesh Electricity Regulatory Commission, Hyderabad
File No. :
Case No. :
(To be filled by the Office)In The Matter of : (Gist of the purpose of the petition or application) And In The Matter of : (Names and full addresses of the petitioners/applicants and names and full addresses of the respondents)
Affidavit verifying the petition/reply/applicationI, AB, son of...................................... aged................................ residing at...................do solemnly affirm and say as follows:
1. I am a Director/Secretary/............................................of.......................................... Ltd., the petitioner in the above matter and am duly authorised by the said petitioner to make this affidavit on its behalf.
Note. - This paragraph is to be included in cases where the petitioner is the Company.
2. The statements made in paragraphs............................of the petition herein now shown to me and marked with the letter "A" are true to my knowledge and the statements made in paragraphs.....................................are based on information and believe them to be true. Solemnly affirm, etc.
Note. - To be included when the affidavit is sworn to by any person other than a Director, Agent or Secretary or other Officer of the Company.