MADHYA PRADESH VIDYUT SUDHAR ADHINIYAM

FUNCTIONS, POWER AND PROCEEDINGS OF COMMISSION 

Functions of Commission

Subject to the provisions of this Act, the Commission shall discharge, amongst others, the following functions, namely:-

1. to regulate the purchase, distribution, supply and utilization of electricity, the quality of service, the tariff and charges payable considering the interest of the consumer and the Electricity and industry both;
2. to promote efficiency, economy and safety in the use of the electricity in the State including in regard to quality, continuity and reliability of service and that all reasonable demand for electricity are met;
3. to determine the tariff for electricity, wholesale, bulk, grid or retail in accordance with the provisions of this Act;
4. to determine the tariff payable for use of the intra-state transmission facilities in accordance with the provisions of this Act;
5. to grant, revoke and amend licenses in accordance with the provisions of this Act, to determine the conditions to be included in the licenses,to grant exemption from license requirements and determine the conditions to be complied by the exempted persons;
6. to regulate the working of the licensees and to promote the working in an efficient, economical and equitable manner;
7. to require licensees and others to formulate perspective plans and schemes in coordination with others for the promotion of generation, transmission, sub-transmission, distribution, supply and use of electricity;
8. to collect and record information concerning the generation, transmission, sub-transmission, distribution, supply and utilization of electricity and to require the licensees and others to collect such information and data and forecast on the demand for and use of electricity;
9. to regulate the operation of the power system in the State and the assets, properties and interest in properties concerning or related to the electricity industry in the State;
10. to set and enforce standards for the electricity industry in the State including standards relating to safety, quality, continuity and reliability of service and the development of codes and supply codes including grid code, distribution code;
11. to promote competitiveness in the electricity industry in the State;
12. to promote efficient utilisation and conservation of electricity through appropriate demand side management, reduction of wastes and losses in the utilization of electricity;
13. to aid, if the Commission deems appropriate, on matters concerning generation, transmission, sub-transmission, distribution, supply and utilization of electricity in the State;
14. to refer, if the Commission deems appropriate, on matters to other agencies and bodies dealing with consumer disputes, restrictive and unfair trade practices and management and administration of the affairs of the licensees;
15. to adjudicate upon the disputes and difference between the licensees and to refer matters to arbitration, if considered necessary in accordance with the provisions  of this Act;
16. to coordinate with environmental regulatory agencies and to evolve policies and procedures  for appropriate environmental regulation of the electricity industry in the State ; 
17. to lay down a uniform system of accounts among the licensees; and
18. to undertake all incidental or ancillary activities that the Commission may consider appropriate for the effective discharge of any of the above functions.

Powers of Commission

1. The Commission shall, for the purpose 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:-
   1. the  summoning and enforcing of attendance of any witness and examination on oath;
   2. the discovery and production of any document  or other material object producible  as evidence;
   3. the reception of evidence on affidavits;
   4. the requisition of any public record from any court or office;
   5. the issue of commission for examination of witnesses;
   6. the review of its decisions, directions and orders and
   7. any other matters which may be prescribed by the State Government.
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. The Commission may be 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. The Commission shall have the power to require any person—
   1. 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 utilization 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
   2. to furnish to an officer so specified, such information in the possession in the possession, power or control of the person as may be required  by the Commission for this purpose of discharging its function under this Act,
5. The Commission or any other officer, not below the rank of a Act, 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 Section100 of the Code of Criminal Procedure,1973(No.2 of 1974), in so far as it may be applicable.
6. Where, during any enquiry or proceedings under this Act, the Commission has any ground to believe that any 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 authorize 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
   2. 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.
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 by the decisions of the Commission.
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.
10. Notwithstanding anything contained in Section 12 to 16 (both inclusive) and Sections 18 and 19of 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 pon 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.

Proceedings of Commissions

1. Subject to the provisions of this Act, the Commission shall have the exclusive power to frame regulations of its proceedings and discharge of its functions and all such regulations framed shall be published in the Official Gazette.
2. Except as provided in sub-section(5), each member shall have  one vote. In case of a difference of opinion among the members of the Commission shall be expressed in terms of the views of the majority.
3. The quorum for the meeting of the Commission shall be two, provided that for a meeting of the Commission to review any pervious decision taken by the Commission, the quorum for the meeting shall be all members being present, subject however to sub-section (5).
4. When the Chairperson of the Commission is unable to discharge the functions of the chairperson, until the day the chairperson assumes the charge of his office.
5. The Chairperson including in the event where a senior member of the Commission acts as the chairperson shall not have a second or casting vote:

   Provided that there are two members only by reason of vacancy in the office of the Chairperson or a member or due to such disability of the Chairperson or a member that the Commission cannot hold the proceedings with all the three members present for a period of more than 30 days, the Chairperson or the senior member acting as Chairperson, as the case may be, shall have a second and casting vote during the period of such vacancy of disability only;

   Provided further that during the period of such vacancy or disability specified in the first proviso, two members shall constitute the quorum to review any previous decision taken by the Commission.

6. No act or proceedings of the Commission shall be invalid by reason only of the existence of any vacancy in the office of the chairperson or members or any defect in the constitution thereof.
7. The Chairperson of the Commission may instruct the secretary to call a meeting of the Commission to be held at such time and at such place as the chairperson may direct and in addition any member of the Commission may request a meeting of the Commission at any time by sending a notice in writing to the other members and to the secretary.
8. The notice of all meetings shall be given to the members in writing, unless all the members waive the notice in writing.
9. The Commission shall   be entitled to decide urgent matters by circulation.
10. All decisions, directions and others of the Commission shall be in writing and shall be supported by reasons. The decisions, directions and orders of the Commission including of the dissenting member, unless otherwise specified by the Commission, shall be available for inspection by any person and copies of the same shall be made available in a manner the Commission may prescribe.
11. The proceedings of the Commission, unless otherwise specified by the Commission by general or special order, shall be open to public.