JOINT ELECTRICITY REGULATORY COMMISSION

(For the State of Goa and Union Territories)

NOTIFICATION

Gurugram, the 15th December, 2023

No. JERC:-01/2009.—In exercise of powers conferred under Section 181 (1) and Section 181 (2) (zl) of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, and after previous publication, the Joint Electricity Regulatory Commission for the State of Goa and Union Territories hereby makes the following amendments in the Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Conduct of Business) Regulations, 2009 and as amended by 1st, 2nd, 3rd, 4th, and 5th amendment from time to time.

1. Short Title, extent and Commencement:

2. These Regulations shall be called the Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Conduct of Business) (6ᵗʰ Amendment) Regulations, 2023.

3. These regulations shall extend to the State of Goa and the Union Territories of Andaman & Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman & Diu, Lakshadweep Islands and Puducherry.

4. These Regulations shall come into force on the date of their publication in the Official Gazette.

5. Amendment in Regulation 1 of the principal Regulation

6. In sub- clause (iii) ‘coma’ after Dadra and Nagar Haveli shall be substituted by the word ‘and’.

7. Amendment in Regulation 2 of the principal Regulation

The following definitions shall be added/amended in Regulation 2 of the Principal Regulation: -

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(i) In sub-clause 2 (i) (c) - ‘coma’ after Dadra and Nagar Haveli shall be substituted by the word ‘and’.

(ii) In sub-clause 2 (i) (i) -‘Regulations means these Regulations’ shall be substituted by ‘these Regulations means the Joint Electricity Regulatory Commission (Conduct of Business) Regulations, 2009 and amendments carried out from time to time’.

(iii) In sub-clause 2(i) (j)-“Secretary means, the Secretary of the Commission and includes any other officer of the Commission to whom the power and functions of the Secretary may be delegated or assigned or who is authorised to act as such by the Commission from time to time.

4.

The following definitions shall be added after sub-clause ‘k’ in Regulation 2 of the principal Regulation: -

• (l) “Adjudication’ means the process of arriving at decisions on the Petitions submitted to the Commission.
• (m) 'Admission” means the stage of consideration or hearing of a Petition where its maintainability for further proceedings before the Commission is decided having due regard to the jurisdiction of the Commission, limitation in filing the Petition and such other factors as considered relevant by the Commission, and does not include any decision on merit on the issues raised in the Petition.
• (n) 'Consultant” means and includes any individual, firm, body or association of persons, not in the employment of the Commission who may be engaged as such in accordance with Consultant Regulations for rendering advice or assistance to the Commission in discharge of its functions under the Act.
• (o) 'Consultants Regulations” means the Joint Electricity Regulatory Commission (Appointment of Consultants) Regulations, 2009, as amended from time to time or subsequent enactments thereof.
• (p) 'Consumer Representative’ means an individual or a professional body or a non-governmental organization who is permitted by the Commission to present the case of electricity consumers and participate in the proceedings of the Commission.
• (q) 'Digital Signature’ means the digital signature as defined under clause (p) of sub-section (1) of Section 2 of the Information Technology Act, 2000 or any subsequent enactment thereof.
• (r) 'Intervener’ means a person who has not been arrayed as a party in a Petition but the Commission on being satisfied that the person has a personal stake in the outcome of the Petition, has allowed the person to participate in the proceedings of the said Petition, without being arrayed as a party.
• (s) 'Member” means and includes the Chairperson and Members of the Commission for the purpose of Conduct of Business under these Regulations.
• (t) 'Proforma Respondent’ means a person who has been arrayed as a Respondent in a Petition against whom no relief has been sought, but whose presence is considered necessary for effective and complete adjudication of the issue(s) raised in the Petition.
• (u) 'Respondent’ means a person who has been arrayed as an opposite party in a Petition and against whom relief(s) have been sought.

5.

Regulation 2 (ii) of Conduct of Business Regulations, 2009 is hereby substituted with the following: -

(ii) The words and expressions used in these Regulations and not defined herein but defined in the Act or any other Regulations of the Commission shall have the same meaning assigned to them under the Act or any other Regulations of the Commission.

6.

A new sub clause shall be added after Regulation 2(ii) of the principal regulation: -

(iii) All other expressions used in these Regulations shall have the meanings ascribed to them by the Code, Arbitration and Conciliation Act, 1996, Limitation Act, 1961, Indian Contract Act, 1878, Information Technologies Act, 2000 and General Clauses Act, 1897, as amended from time to time.

7.

Amendment in Regulation 3 of the principal Regulation, 2009: -

(i) In sub-clause (i) the word ‘any’ is added after the word ‘at’ and the word ‘Gurgaon” is substituted by “Gurugram”.

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(ii) The following provisions shall be added to sub-clause (iii):- Provided that in the exigencies of work, the Chairperson or in his absence, the Member may direct that the office of the Commission shall remain open on a non-working day.

(iii) Sub clause (iv) is substituted with the following: - Where a particular number of days are prescribed by these Regulations or by or under any other law, or is fixed by the Commission for doing any act, the starting day from which the said period is to be reckoned shall be excluded, and if the last day expired on a day when the office of the Commission is closed for the day or part thereof, that day and any succeeding day(s) on which the Commission remains closed for the day or part thereof, shall be excluded.

8. Insertion of a new Regulation 4 A

After Regulation 4 new Regulation 4 A shall be added as under: -

4 A Executive Powers of the Commission

(i) In accordance with sub-section (4) of Section 84 of the Act, the Chairperson shall be the Chief Executive of the State Commission.

(ii) If the post of Chairperson is vacant, the Member (Law) of the Commission shall discharge the functions of the Chairperson, until the Chairperson joins or, as the case may be.

9. Insertion of a new Regulation 10 A

After Regulation 10 new Regulation 10 A shall be added as under: -

10 A. Authority to represent before the Commission – Advocate through Vakalatnama

1. A party being represented through an Advocate shall file a Vakalatnama as per Form-1.
2. Every Vakalatnama shall be duly signed by the party and contain the seal of the party, the name of the party signing and on whose behalf he has signed.
3. Whereas a Vakalatnama is executed by an agent or authorized representative of a party, copy of the instrument or document of such authorization, shall accompany the Vakalatnama.
4. Where several persons sign a single Vakalatnama, they must put their signatures seriatim, mentioning their serial number and name in the brackets corresponding to their serial number and name mentioned in the memo of parties.
5. Where a single Vakalatnama has been executed in favour of more than one Advocate, names and particulars of all the Advocates must be provided therein in accordance with these regulations.
6. The case number and its cause title must be clearly mentioned in the Vakalatnama.
7. Vakalatnama shall contain the name, enrolment number, complete official address, email, phone number and fax number of the Advocate(s) representing the party.
8. An Advocate on his filing the Vakalatnama, duly executed by a party that discloses name and designation of the party, shall be entitled to act, to plead for that party in the matter, and to conduct and prosecute all proceedings that may be taken in respect of such matter, or any application connected with the same or any order passed therein and take all such other steps as he may be specifically authorized in terms by the Vakalatnama filed.
9. An Advocate may be discharged by the consent of both the Advocate and the party by a letter addressed to the Commission and signed by both the Advocate and the Party.

10. The following sub-clauses shall be added after sub clause (iv) of Regulation 12 of the principal Regulation:

1. (v) In Memo/Parties Full name and other particulars including email address and fax number/WhatsApp number etc. describing each party shall be provided. The names of the parties shall bear consecutive numbers and a separate line shall be allotted to the name and description of each party.
2. (vi) “Provision of Law” - ‘Every Petition or Application shall state, after the cause title, the provisions of the Act or Rules or Regulations of the Commission under which it purports to be made’.
3. (vii) Non-filing clause- ‘Every petition shall state that no such proceedings in the same subject matter have been previously filed before the Commission or any other forum. To the extent the subject matter at present is also directly and substantially the subject matter of any pending/ previous litigation in the

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Commission or any other forum, a suitable endorsement to that effect shall be made in the Affidavit filed to the Commission.

1. The following sub clause shall be added after sub-clause (iv) of Regulation 14 of principal Regulation: -

(v) ‘Every Affidavit accompanying Petition shall clearly and separately state that whether no such proceedings on the same subject matter have been previously filed before the Commission or in any other forum and that the subject matter in the present Petition is also not, or, is, substantially the subject matter of any pleading/ previous litigation before the Commission or any other forum. If so, then provide the details for the same in the affidavit.

1. Insertion of a new Regulation 14 A

After Regulation 14 new Regulation 14 A shall be added as under:

14 A. Interlocutory Application

1. Every Interlocutory Application shall be instituted in the petition or matter in which it is filed.
2. An Interlocutory Application may be filed to seek any of the following reliefs;
3. • (a) For interim relief;

• (b) For amendment of Petition or prayer;
• (c) For impleadment of a new party in the Petition;
• (d) For deletion and/or substitution of a party in the Petition;
• (e) For condonation of delay in filing a petition, wherever applicable;
• (f) For restoration of a Petition disposed of ex parte;
• (g) For a leave to file additional documents or submissions;
• (h) For exemption from filing original document or translated copies or certified copies of orders, wherever applicable;
• (i) For recall of an ex-parte order;
• (j) For waiver of fees;
• (k) For withdrawal of petition;
• (l) For change of name of party in the Petition;
• (m) For early/urgent hearing of Petition
• (n) Any other matter not covered under these Regulations but within the Jurisdiction of the Commission under Electricity Act, Rules and Regulations made thereunder.

Except where otherwise provided in these Regulations or by any law for the time being in force, an interlocutory application: 4. - (a) Shall contain only one prayer or one series of alternative prayers of the same kind;

• (b) Shall not contain any argumentative matter;
• (c) Shall be supported by an Affidavit and declaration, stating clearly the grounds and the facts on which the application is based;
• (d) An advance copy of the interlocutory application together with the Affidavit and other documents and materials filed along therewith shall be served upon the Opposite Party or its Advocate and written proof of such service and number of non-applicants shall be filed along with the interlocutory application;

The interlocutory applications shall be listed on the dates the matters are listed before the Commission or as may be directed by the Commission. The Commission shall pass such orders on the interim applications as may be considered appropriate after hearing the parties.

1. Regulation 13 is substituted as under: -

2. Application of Limitation Act, 1963

It is noticed that there is no time limit mentioned in the Conduct of Business Regulations regarding settlement of disputes between the licensee & generating companies and arbitration matters etc. keeping the above in view application of limitation Act, 1963 shall be inserted as under: -

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While deciding the limitation period in filing any petition before the Commission by any party in cases not expressly provided in the Act or Rules or Regulations, the Commission shall be guided by the provisions of the Limitation Act, 1963.

14.. The following sub clauses shall be added after sub-clause (x) of Regulation 25 of principal Regulation: -

• (xi) The date of uploading of the order on the website of the Commission shall be deemed to be a sufficient service of orders of the Commission upon the concerned parties and the period of limitation for filing of the Appeal against any such order(s) passed by the Commission shall commence from the next day calculated from the date when the order(s) was actually uploaded on the website of the Commission.
• (xii) The order(s) of the Commission uploaded on the website of the Commission shall be deemed to be true copies of such order(s) for the purposes of filing of the Appeal by any party.

S. D. SHARMA, Secy. (I/c), JERC

[ADVT.-III/4/Exty./669/2023-24]

Form 1

Joint Electricity Regulatory Commission

(for the State of Goa & Union Territories)

Gurugram

Petition/Application No. ……. of……….

Vakalatnama

Name & Address…………………. …. Petitioners(s)

Vs

Name & Address…………………... …. Respondents(s)

I…………………..Petitioner No………./Respondent No………………………………….in the above petition/application do hereby appoint Shri/Kum./Smt. ………………………………Advocate(s) to appear, plead and act for me/us in the above petition/application and to conduct and prosecute all proceedings that may be taken in respect thereof and applications for return of documents, enter into compromise and to draw any money payable to me/us in the said proceeding.

Place:

Signature of the Party

Date:

Executed in my presence. “Accepted”

*Signature with date *Signature with date

(Name and Designation) (Name and Designation)

(Address for service on the Counsel for Petitioner/Applicant/Respondent.

Full Address …………………….

Registered Email Id……………..

Registered Phone No……………

Fax No…………………………….

*The following certification to be given when the party is unacquainted with the language of the Vakalatnama or is bling or illiterate: -

The contents of the Vakalatnama were truly and audibly read over/translated into ……..language known to the party executing the Vakalatnama and he/she to have understood the same.

Signature with date

(Name and Designation)

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.