{ "id": 15270, "slug": "bihar-electricity-regulatory-commission-conduct-of-business-regulations-2005", "title": "Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005", "short_title": "Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005", "act_number": "Published vide Notification No. BERC/02/2005, date", "act_year": 2005, "act_type": "STATE", "location": "Bihar", "law_status": "unknown", "enactment_date": null, "description": "Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short Title Extent and Commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"Act\" means the Electricity Act, 2003.\n(b) \"Commission\" means the Bihar Electricity Regulatory Commission.\n(c) \"Chairman\" means Chairman of the Bihar Electricity Regulatory Commission.\n(d) \"Member\" means a Member of the Bihar Electricity Regulatory Commission.\n(e) \"Secretary\" means Secretary of the Bihar Electricity. Regulatory Commission.\n(f) \"Officer\" means an Officer of the Bihar Electricity Regulatory Commission.\n(g) \"Consultant\" includes any individual, firm, body or association of persons, not in the employment of the Commission, who or which possesses or has access to any specialized knowledge, experience or skill who or which has been appointed to assist the Commission on any matter required to be dealt by the Commission under the Act.\n(h) \"Petition\" means and includes all petitions, applications, replies, rejoinders, supplemental proceedings, appeals and other papers and documents filed in relation thereto, and the word \"Petitioner\" shall be construed accordingly.\n(i) \"Proceedings\" means and include proceedings of all nature that the Commission may hold in the discharge of its functions under the Act.\n(j) \"Regulations\" means the Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005 .\nBihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005\n(a) words in the singular or plural term, as the case may be, shall also be deemed to include the plural or the singular term, respectively;\n(b) references herein to the \"Regulation\" shall be construed as a reference to these Regulations as amended or modified by the Commission from time to time in accordance with the applicable laws in force;\n(c) the headings are inserted for convenience and may not be taken into account for the purpose of interpretation of these Regulations;\n(d) reference to the Statutes, Regulations or Guidelines shall be construed as including all provisions consolidating, amending or replacing such Statutes, Regulations or Guidelines, as the case may be, referred to.", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Commission's Office, Office Hours and Sittings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Language of the Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Seal of the Commission.", "chapter": null, "content": "(ii) 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 the Secretary or any other officer designated for this purpose by the Commission.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Officers of the Commission.", "chapter": null, "content": "(b) The Commission may appoint or engage Consultants to assist the Commission in the discharge of its functions.\n(b)The Commission, in the discharge of its functions under the Act, may take such assistance from the Secretary as it may deem fit.\n(c) In particular, and without prejudice to the generality of the provisions of sub-clauses (a) and (b) of Clause 6(2) above, the Secretary shall have the following powers and perform the following duties, viz -\n(i) He shall have custody of the records and the seal of the Commission.\n(ii) He shall receive or cause to receive all documents, including, inter alia , petitions, appeals, applications or reference pertaining to the Commission.\n(iii) He shall scrutinize documents, including, inter alia , petitions, appeals, applications or references and shall be entitled to seek clarifications or rectifications upon the same and issue appropriate directions pertaining to the acceptance or rejection of such documents.\n(iv) He shall prepare or cause to be prepared briefs and summaries of pleadings presented by various parties in cases filed before the Commission.\n(v) He shall carry out such functions under the Act, as may be delegated to him by the Commission, by general or special order.\n(vi) He shall assist the Commission in the proceedings relating to the powers exercisable by the Commission, as directed by the Commission.\n(vii) He shall provide notice for meeting, prepare the agenda for meetings and minute the proceedings of the Commission's meetings.\n(viii) He shall authenticate the orders passed by the Commission.\n(ix) He shall, so far as it is possible, monitor compliance of the orders passed by the Commission and shall forthwith bring to the notice of the Commission any non-compliance thereof.\n(x) He shall have the right to collect from the State Government or other offices, companies and firms or any other party as may be directed by the Commission, such information and record, report, documents, etc., as may be considered necessary for the purpose of efficient discharge of the functions of the Commission under the Act and place the same before the Commission.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Participation of Consumer Associations and Other Persons.", "chapter": null, "content": "Chapter-II\nGeneral Rules Concerning the Proceedings before the Commission", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Proceedings, etc., before the Commission.", "chapter": null, "content": "(a) joinder of cases for hearing;\n(b) appoint a representative for a class of consumers/parties to present combined pleadings/affidavits and documents, as also to present the case of such class of consumers/parties;\n(c) seek testimony or advice or opinion on specific issues; and/or\n(d) appoint amicus curiae .", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Quorum and Conduct of Meetings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Authority to represent.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Initiation of Proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Petitions and Pleadings before the Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. General headings.", "chapter": null, "content": "Form-I\nForm-I", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Affidavit in support.", "chapter": null, "content": "Form-II\n15.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "16", "title": "16. Presentation and scrutiny of the pleadings, etc.", "chapter": null, "content": "(a) The petition, application or appeal is couched in decorous language befitting the nature of the quasi-judicial proceedings and does not contain any references which are unbecoming in respect of any organization or agency or any person employed in government, public or private sector and be free from insinuations, imputations and allegations of a personal nature against any individual or functionary whether from Government, Public or Private Sector.\n(b) The Secretary shall ensure that the application, petition or appeal is supported by references to the provisions of the Electricity Act, 2003 or any other statutes under which it is filed.\n(c) The Secretary shall not register any application or petition or appeal which, prima facie , is totally unconnected with the Commission's jurisdiction. The Secretary shall not register an application or petition or appeal which prima facie , relates to matters pending before any other judicial or quasi-judicial authorities.\n(d) The Secretary shall not register an application or petition or appeal, if any judicial authority is seized of matters between the same parties relating to the same subject matter, wherein the points at issue, are substantially similar to those arising in the petition or application or appeal.\n(e) The Secretary shall not register an application, petition or appeal, if in another proceeding before the Commission, the issues arising in such application, petition or appeal has already been adjudicated between the same parties and in respect of the same subject matter.\n(a) service of notices to the respondent(s) and other affected or interested parties;\n(b) the filing of reply and rejoinder in opposition or in support of the Petition in such form as the Commission may direct; and\n(c) the Petition to be placed for hearing before the Commission or a Bench, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "17", "title": "17. Service of notices and processes issued by the Commission.", "chapter": null, "content": "(a) service by any of the party to the proceedings:\n(b) by hand delivery through a messenger;\n(c) by speed post/courier/registered post with acknowledgement due;\n(d) by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, process, etc on any person in the manner mentioned above;\n(e) in any other mode of service as considered appropriate by the Commission.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "18", "title": "18. Filing of reply, opposition, objections, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "19", "title": "19. Hearing of the matter.", "chapter": null, "content": "(a) If the Commission directs evidence of a party to be led by way of an affidavit, the Commission may provide a opportunity to the other party to counter the same by way of affidavit.\n(b) If the Commission directs evidence of a party to be led orally, the Commission may provide a reasonable opportunity to the other party to the proceedings to cross-examine the person adducing such oral evidence.\n(c) 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.\n(d) The Commission may direct the parties concerned to file written note of arguments and/or submissions in any proceedings before it.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "20", "title": "20. Powers of the Commission to call for further information, evidence, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "21", "title": "21. Reference of issues to others.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "22", "title": "22. Procedure to be followed where any party does not appear.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "23", "title": "23. Orders of the Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "24", "title": "24. Interim Orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "25", "title": "25. Non compliance of orders and directions.", "chapter": null, "content": "Chapter III\nArbitration of Disputes", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "26", "title": "26. Arbitration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "27", "title": "27. Nomination of Arbitrators.", "chapter": null, "content": "(a) to a sole arbitrator if the parties to the dispute agree on the name of the sole arbitrator; or\n(b) 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:", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "28", "title": "28. Procedure for adjudication, settlement and passing of award.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "29", "title": "29. Cost of arbitration and proceedings.", "chapter": null, "content": "Chapter IV\nInvestigation, Inquiry, Collection of Information, etc.\n(a) The Commission may, at any time, specially authorize the Secretary or any one or more Officers or Consultants or any other persons as the Commission considers appropriate (hereinafter referred to as \"Investigating Authority\") to study, investigate or to inspect any matter within the purview of the Commission under the Act:\n(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.\n(c) In exercise of powers conferred on it by Section 128 of the Act, the Commission may, on being satisfied that a licensee or a generating company has failed to comply with any of the conditions of the license or the provisions of the Act or the Rules or Regulations made thereunder, at any time, by order in writing, direct an Investigating Authority to investigate the affairs of the licensee or generating company and report to the Commission. For this the Commission may direct the minimum information to be maintained by the licensees and generating companies in their books and also direct the manner in which such information shall be maintained and the checks and verifications to be adopted.\n(d) The Commission may issue or authorize the Secretary or any 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, registers, other documents, etc or to furnish information to the designated officer.\n(e) The Commission may issue such directions 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.\n(f) If any such report or information obtained appears to the Commission to be insufficient or inadequate, the Commission or the Investigating Authority may give directions for further inquiry, report and furnishing of information.\n(g) The Commission may direct such incidental, consequential and supplemental matters, be attended to which may be considered relevant in connection with the above.\n(a) require the licensee or the generating company to take such action in respect of any matter arising out of the report as the Commission may think fit; or\n(b) cancel the license; or\n(c) direct the generating company to cease to carry on the business of generation of electricity.\nChapter-V\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "30", "title": "30. Advisory Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "31", "title": "31. Review of the decisions, directions, and orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "32", "title": "32. Continuance of proceedings after death, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "33", "title": "33. Proceedings to be open to public.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "34", "title": "34. Publication of Petition.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "35", "title": "35. Inspection of Commission's records and confidentiality.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "36", "title": "36. Issue of orders and directions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "37", "title": "37. Saving of inherent power of the Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "38", "title": "38. General Power to amend.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "39", "title": "39. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "40", "title": "40. Extension or abridgement of time prescribed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "41", "title": "41. Effect of non-compliance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "42", "title": "42. Costs.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "43", "title": "43. Enforcement of orders passed by the Commission.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "44", "title": "44. Delegation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "45", "title": "45. Regulations to be in addition to and not in derogation of other laws.", "chapter": null, "content": "Form I\nForm I\n( See Clause 13)\nGeneral Heading for Proceedings\nBefore The Bihar Electricity Regulatory Commission Patna\nBefore The Bihar Electricity Regulatory Commission Patna\nFilling No.\nCase No.\n(To be filled by the office)\nIn the Matter of:\n(Gist of the purpose of the Petition/Reply or application)\nAnd\nFact of the case/petition be stated in short\nSubmission/Ground in support of the case.\nRelief clause: Relief prayer made in the Petition/Reply be stated shortly and specifically\nPlace...............\nDate................\nSignature of the Petitioner/Respondent\nForm II\nForm II\n( See Clause 14)\nGeneral heading for Proceedings\nBefore The Bihar Electricity Regulatory Commission Patna\nBefore The Bihar Electricity Regulatory Commission Patna\nFilling No.\nCase No.\n(To be filled by the office)\nIn the Matter of:\n(Gist of the purpose of the Petition or application)\nAnd", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "1", "title": "1. I am the petitioner/applicant/respondent etc. or I am a Director/Secretary/Partner...................of...................the petitioner/applicant/respondent in the above matter and am duly authorised by the said petitioner/applicant/respondent to make this affidavit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "2", "title": "2. The statements made in paragraphs............................of the petition/application/reply 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 I believe them to be true.", "chapter": null, "content": "(                                 )\nIdentified before me\nPatna:\nDate:\nDeponent", "footnote": "", "is_definition": false, "sort_order": 45 } ], "metadata": { "Act ID": "bh206", "Act Number": "Published vide Notification No. BERC/02/2005, dated 15th October, 2005, published in Bihar Gazette (Extra-ordinary) No. 567, dated 22.10.2005", "Enactment Date": "", "Act Year": "2005", "Short Title": "Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005", "Type": "STATE", "Location": "Bihar" }, "updated_at": "2026-09-29 21:55:19" }