Punjab State Electricity Regulatory Commission State Advisory Committee Regulations, 2005
Published vide Punjab Government Notification No. PSERC/Secy./Regulation 15 dated 7.3.2005
The Punjab State Electricity Regulatory CommissionNo. PSERC/Secy./Regulation 15. - In exercise of powers conferred under Section 87 read with Section 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, the Punjab State Electricity Regulatory Commission hereby makes the following Regulations for establishment and functioning of the Punjab State Advisory Committee. 1. Short title and commencement. - (1) These Regulations may be called the Punjab State Electricity Regulatory Commission (State Advisory Committee) Regulations, 2005. (2) These Regulations shall come into force from the date of their publication in the official gazette. (3) These Regulations shall extend to the whole of the State of Punjab. 2. Definitions. - In these Regulations, unless the context otherwise requires :-
(a) "Act" means the Electricity Act, 2003;
(b) "Commission" means the Punjab State Electricity Regulatory Commission;
(c) "Committee" means the Punjab State Advisory Committee;
(d) "State" means the State of Punjab; and
(e) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act.3. Constitution of the Committee. - (1) The Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the State Advisory Committee. (2) The Committee shall consist of not more than twenty one Members to represent various interest groups in the State as outlined in Section 87(2) of the Act. Preference shall be given to the representatives with a significant understanding of the electricity sector from amongst the following sectors.
(i) Licensees and Generating Companies
(ii) State Transmission and Distribution Utilities or the Board
(ix) Non-Government Organisations
(x) Academic and Research bodies4. Selection and Appointment of Committee Members. - (1) The Commission shall appoint the candidates to serve on the Committee, after consultation with the Government/individuals/representative organizations/bodies of such interest groups as the case may be. The Commission may choose to limit the number of Members to be nominated in each sector depending upon the importance of relationship the concerned sector bears with the electricity industry. (2) The Members of the Committee shall be nominated for a period of one year which may further be extended at the discretion of the Commission. The Commission shall have the power to re-nominate any Member on expiry of his/her term. (3) The Chairperson of the Commission shall be the ex-officio Chairperson of the Committee and Members of the Commission, the Secretary to Punjab Government in-charge of the Ministry or Department dealing with consumer affairs and public distribution system shall be the ex-officio Members of the Committee. (4) A Member other than the ex-officio Member, who fails to attend three consecutive meetings of the Committee shall forthwith cease to be a Member of the Committee. 5. Secretary of the Committee. - The Secretary of the Commission shall be the ex-officio Secretary to the Committee. He shall not be eligible for any extra remuneration on account of this additional work. 6. Objects of the Committee. - The objects of the State Advisory Committee shall be to advise the Commission on :-
(i) major questions of policy;
(ii) matters relating to quality, continuity and extent of service provided by the licensees;
(iii) compliance by licensees with the conditions and requirements of their licence;
(iv) protection of consumer interests;
(v) energy supply and overall standards of performance by utilities; and
(vi) any other matter which the Commission may refer specifically.7. Conduct of Proceedings of the Committee. - The proceedings of the Committee shall be governed by the following :-
(1) It shall be the duty of the Secretary to arrange to convene the meetings of the Committee with the permission of the Chairperson and to give to the Members thereof, unless otherwise specifically directed by the Chairperson, not less than 14 days' notice in writing of the date, time and place of the proposed meeting. The notice will also contain the agenda and connected papers, if any, of the meeting.
(2) The proceedings of every meeting of the Committee shall be recorded in a minute book to be kept for the purpose and shall be signed by the Chairperson of the meeting. This will be read in the next meeting for the information of the Members. The record of proceedings shall be open for inspection to the Members of the State Advisory Committee.
(3) The Committee shall meet at least once in every six months or at such interval and at such places as may be decided by the Commission.
(4) The Chairperson of the Commission shall preside over every meeting of the Committee. In his absence, senior-most Member of the Commission shall act as the Chairperson of the meeting.
(5) All meetings of the Committee shall be held at the office premises of the Commission at Chandigarh, unless the Commission otherwise notifies.
(6) The quorum at the meeting of the Committee shall be one-third of the total membership of the Advisory Committee including the ex-officio Members. If there is no quorum within 30 minutes of the time notified for a meeting, the Chairperson may adjourn the meeting to a specified time. No further notice need be given for an adjourned meeting and also no quorum is necessary for the adjourned meeting. If at any time after a meeting is commenced, quorum ceases to exist, the meeting shall not be dissolved but shall continue.
(7) No matter shall be considered at an adjourned meeting other than matters remaining from the meeting at which the adjournment took place, provided that, with or without notice, the Chairperson may bring, or direct to be brought, any new matter which in his opinion is urgent, before an adjourned meeting of the Advisory Committee.
(8) No proceedings of the Committee shall be invalid by reason solely of vacancies existing in the Committee, or by reason of non-receipt of the notice or the agenda paper, provided the notice and agenda were duly issued, or by reason of any procedural irregularity in the conduct of proceedings of the meeting.
(9) A notice shall be deemed duly issued if it is sent by post or by messenger, within the prescribed time to the registered address of a Member.
(10) The discussions in the meeting and consequent conclusions, if any, taken at the meeting shall strictly follow the agenda, scheduled for the meeting. Only the Chairperson can bring in additional matters to the agenda at the end of the meeting.
(11) Attendance by proxy shall not be permitted at the meeting of the State Advisory Committee.
(12) The Chairperson, during any meeting, may direct any Member of the Committee whose conduct at the meeting is, in the Chairperson's opinion, disorderly, to withdraw. Any such Member so ordered shall be deemed to have withdrawn from the meeting, whether or not he physically withdraws.
(13) In case not expressly provided for in these Regulations for the conduct of meetings, the decision of the Chairperson on all matters relating to the conduct of proceedings during the meeting shall be final.8. Fees and Travelling Allowance for Members of the Committee. - (1) A Committee Member or an invitee who is a Government officer or an employee/officer of a Public Sector Undertaking shall draw travelling and daily allowance from his parent department/organization as per his entitlement there. (2) A Member of the State Advisory Committee or an invitee who is not a Government servant, or employee of a Public Sector Undertaking shall be entitled to receive for each day on which meeting is held and he is present, a travelling allowance at the rate admissible to Grade-I officer of the State Government and a sitting fee of Rs. 500/- (Rs. Five hundred) only. 9. Resignation of Member. - Any Member of the Committee other than an ex- officio Member may, by written communication, addressed to the Secretary of the Commission resign his office as Member of the Committee and it shall come into effect from the day the Chairperson of the Commission accepts the same. 10. Recommendation of the Committee not binding on the Commission. - The recommendations or advice of the State Advisory Committee shall not be binding on the Commission. 11. Miscellaneous. - (1) The Chairperson may invite any person who is not a Member of the State Advisory Committee as a special invitee to aid and assist the Members of the State Advisory Committee on any matter on the agenda of its meeting. (2) Subject to the provisions of the Electricity Act, 2003 and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of these Regulations and procedure to be followed on various matters. (3) The Commission may, at any time, add, vary, alter, modify or amend any of the provisions of these Regulations. (4) If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, do or undertake or permit the Committee to do or undertake things which in the opinion of the Commission are necessary or expedient for removing the difficulties. (5) These Regulations shall supersede the earlier guidelines framed by the Commission for establishment and functioning of the State Advisory Committee.