NOTIFICATION

MISCELLANEOUS

Constitution of State Advisory Committee :

102. (a) The State Advisory Committee envisaged under section 33 of the Act shall consist of such of members, not less than 9 and not exceeding 15 representing various interests as referred to in the Act, as may be decided by the Commission and the tenure of the members shall normally be three year or as decided and notified by the Commission.

(b) The Commission may pay to the members of the Committee such allowances/fees apart from reimbursement of expenses as may be decided by the Commission from time to time, for attending the meetings.

Review of the decisions, directions and orders :

103. (1) Within 60 days after making of any decision, direction or order, the Commission may on its own motion or on the application of any of the persons or parties concerned, correct any clerical/arithmetical errors, or review such order, decision or direction and pass such appropriate orders as the commission thinks fit.

(2) The application for such review shall be filed in the same manner as a petition under chapter II of these Regulations.

Continuance of proceeding after death, etc :

104. (1) Where in any proceeding any of the parties to the proceedings dies or is adjudicated insolvent or in the case of a company under liquidation/winding up, the proceedings shall continue through the successors-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the party concerned.

(2) The Commission may, for reason to be recorded, treat the proceedings as abated in case the Commission so directs that there is no need to bring the successors-in-interest on the record of the case.

(3) In case any person wishes to make a successor-in-interest a party to the proceedings, he shall file an application for the purpose within 90 days from the date of knowledge of its predecessor's death, insolvency, liquidation or winding up, which shall be decided by the Commission after hearing the parties.

Proceedings to be open to public :

105. The proceedings before the Commission shall be open to the public. 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 have no access or restricted access.

106. In accordance with section 345 of the Code of Criminal Procedure, 1973, whoever intentionally offers any insult or cause any interruption in the presence of the Commission, the Commission may cause the offender to be detained in custody and may at any time before the raising of the Commission on the same day take cognizance of the offence and after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section for such act, sentence the offender to fine not exceeding Rs 200/- and in default of payment of fine, simple imprisonment for a term which may extend to one month unless such fine be sooner paid.

107. If the Commission considers that a person has committed the offence under section 228 of the Indian Penal Code , in its view or presence and he should be imprisoned otherwise than in default of payment of fine or that a fine exceeding Rs/-200 should be imposed on him or the Commission for any other reason is of the opinion that the case should not be disposed off by it under the above clause, it may forward the case to a Magistrate having jurisdiction to try the same and may require that security be given for the appearance of such person before such Magistrate or if required security is not given, shall forward such person in custody to such Magistrate.

Publication of petition :

108. Where any application, petition or other matter is required to be published under the Act or under 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 under an appropriate heading not less than five days before the date fixed for hearing.

Confidentiality :

109. (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 fee and complying with the terms as the Commission may direct.

(2)The Commission may, on such terms and conditions as it 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, other papers and materials in the possession of the Commission or any of its officers, consultants and representatives, which are required by law or for other reasons to be specified by the Commission to be kept confidential or privileged, shall not be available for inspection or supply of copies.

Issue of orders and directions :

110. Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and directions and prescribe procedure with regard to the implementation of the Regulations.

Saving of inherent power of the Commission :

111. Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent power of the Commission to pass such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Commission.

112. Nothing in these Regulations shall bar the Commission from adopting a procedure for dealing with matters in conformity with the provisions of the Act, which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient.

113. 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 and exercise such powers and functions in a manner it thinks fit.

General power to amend :

114. The Commission may, at any time and on such terms as to costs or otherwise, as it may think fit, amend any defect or error in any proceeding before it, and all necessary amendments shall be made for the purpose of determining the real question or issue arising in the proceedings.

Power to remove difficulties:

115. If any difficulty arises in giving effect to any of the provisions of the 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.

Power to dispense with the requirement of the Regulations:

116. The Commission shall have the power, for reasons to be recorded in writing and with notice to the affected parties, to 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.

Extension or abridgement of time prescribed:

117. Subject to the provisions of the Act, the time prescribed by these Regulations or by other order of the Commission for doing any act, may be extended (whether it has already expired or not ) or abridged for sufficient reason, by the order of the Commission.

Effect of non-compliance:

118. 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.

Costs

119. Subject to such conditions and limitations as may be directed by the Commission, the cost of and incidental to all proceedings shall be awarded at the discretion of the Commission and it shall have full power to determine by whom or out of which 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

Enforcement of orders of the Commission:

120. The Secretary shall ensure enforcement and compliance on the orders of the Commission, by the persons concerned in accordance with the provisions of the Act and Regulations and if necessary, Secretary may seek further orders and directions of the Commission..

By the order of the Commission.
(Ashok Sharma)
Dy.Secretary