Powers of the Commission.

§11

Summary

(1) The Commission shall, while performing its adjudicatory functions under this Act, have all the powers of a Civil Court trying a suit in respect of the following matters, namely.- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of any document ; (c) receiving evidence on affidavits ; (d) requisitioning any public record or copy thereof from any court of office ; (e) issuing commissions for the examination of witnesses and documents ; and (f) any other matter which may be prescribed. (2) The Commission shall have the power to require any person: (a) to produce before, and allow to be examined and kept by, an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so enquired as may be specified or described in the requisition, being documents relating to any matter concerning the generating, transmission, distribution or supply or use of electricity, the functioning of any undertaking involved in the above areas and other matters, the examining of which may be required by the Commission for the purpose of this Act ; and (b) to furnish to any officer so specified such information in his possession, power or control as may be required by the Commission for the purposes of discharge of its functions under this Act. (3) Where, during any inquiry or proceedings under this Act, the Commission has any ground to believe that any books or documents of, or relating to, any unit or person to which such inquiry is being made or proceedings relates, or which the owner of such unit may be required to produce in such inquiry or proceedings are being or may be destroyed, mutilated, altered, falsified or secreted, the commission may, by a written order, authorise any officer of the Commission to exercise powers of entry, search and seizure as may be exercised by an Inspector under sections 240 and 240-A of the Companies Act, 1956. (4) Notwithstanding anything contained in any other law for the time being in force, the Commission may, by general or special order, call upon any person, including a generating company or a licensee, to furnish periodically any information concerning the activities carried on by such person relating to generation, transmission, distribution or supply or use of electricity, or with regard to the connection between such person and any other person or undertaking including information relating to the organization, business and cost of production of electricity to enable the Commission to carry out its functions under this Act. (5) In the discharge of its functions, the Commission may consult person or group of persons affected or likely to be affected by the decisions of the Commission. (6) The Commission may, at any time, call for and examine any information, details, books, accounts or other documents from any person including a generating company or a licensee and shall make it available to the Central Electricity Authority, the Central Government or the State Government if so required by them under any law for the time being in force. (7) Every person to whom a notice may be issued under this Act shall furnish such information, details, books, accounts and other documents, as may be specified in such notice by the Commission. (8) Notwithstanding anything contained in sections 12 to 16 and sections 18 and 19 of the Indian Electricity Act, 1910, the Commission may, by order in writing, for the placing of the electric supply lines, appliances and apparatus for transmission, distribution or supply of electricity or for the purposes of telephonic or telegraphic communications necessary for proper co-ordination of works, confer upon any licensee or any other person engaged in the business of transmission, distribution or supply of electricity, under this Act subject to such conditions and restrictions, as the Commission may think fit, any of the powers which the telegraph authority possesses under the India Telegraph Act, 1885 with respect to placing of telegraph lines and posts for the purposes of a telegraph established or maintained by the Central Government or to be so established or maintained.

(1) The Commission shall, while performing its adjudicatory functions under this Act, have all the powers of a Civil Court trying a suit in respect of the following matters, namely.-      (a) summoning and enforcing the attendance of any person and examining him on oath ;      (b) requiring the discovery and production of any document ;      (c) receiving evidence on affidavits ;      (d) requisitioning any public record or copy thereof from any court of office ;      (e) issuing commissions for the examination of witnesses and documents ; and      (f) any other matter which may be prescribed. (2) The Commission shall have the power to require any person:      (a) to produce before, and allow to be examined and kept by, an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so enquired as may be specified or described in the requisition, being documents relating to any matter concerning the generating, transmission, distribution or supply or use of electricity, the functioning of any undertaking involved in the above areas and other matters, the examining of which may be required by the Commission for the purpose of this Act ; and      (b) to furnish to any officer so specified such information in his possession, power or control as may be required by the Commission for the purposes of discharge of its functions under this Act. (3) Where, during any inquiry or proceedings under this Act, the Commission has any ground to believe that any books or documents of, or relating to, any unit or person to which such inquiry is being made or proceedings relates, or which the owner of such unit may be required to produce in such inquiry or proceedings are being or may be destroyed, mutilated, altered, falsified or secreted, the commission may, by a written order, authorise any officer of the Commission to exercise powers of entry, search and seizure as may be exercised by an Inspector under sections 240 and 240-A of the Companies Act, 1956. (4) Notwithstanding anything contained in any other law for the time being in force, the Commission may, by general or special order, call upon any person, including a generating company or a licensee, to furnish periodically any information concerning the activities carried on by such person relating to generation, transmission, distribution or supply or use of electricity, or with regard to the connection between such person and any other person or undertaking including information relating to the organization, business and cost of production of electricity to enable the Commission to carry out its functions under this Act. (5) In the discharge of its functions, the Commission may consult person or group of persons affected or likely to be affected by the decisions of the Commission. (6) The Commission may, at any time, call for and examine any information, details, books, accounts or other documents from any person including a generating company or a licensee and shall make it available to the Central Electricity Authority, the Central Government or the State Government if so required by them under any law for the time being in force. (7) Every person to whom a notice may be issued under this Act shall furnish such information, details, books, accounts and other documents, as may be specified in such notice by the Commission. (8) Notwithstanding anything contained in sections 12 to 16 and sections 18 and 19 of the Indian Electricity Act, 1910, the Commission may, by order in writing, for the placing of the electric supply lines, appliances and apparatus for transmission, distribution or supply of electricity or for the purposes of telephonic or telegraphic communications necessary for proper co-ordination of works, confer upon any licensee or any other person engaged in the business of transmission, distribution or supply of electricity, under this Act subject to such conditions and restrictions, as the Commission may think fit, any of the powers which the telegraph authority possesses under the India Telegraph Act, 1885 with respect to placing of telegraph lines and posts for the purposes of a telegraph established or maintained by the Central Government or to be so established or maintained.

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