Order
Dated: 7th July, 2005
Regarding the matter of procedure for notification of regulations made
by the Commission
The Commission considers it appropriate to issue this order regarding
the procedure to be followed in making regulation in exercise of the
power vested in the Commission under Section 181 of the Electricity
Act, 2003, on the grounds hereinafter described.
Sec. 181 of the Electricity Act’03
(hereinafter ‘the Act’) empowers the State Regulatory Commissions to
make regulations consistent with the provisions of the Act and the
rules, generally to carry out the provisions of the Act. This section
lists out the matters to provide for which such regulations may be
made.
2.
Sub-sec. (3) of Sec. 181
requires that ‘all regulations made by the State Commission under the
Act shall be subject to the condition of previous publication’. The
manner of ‘previous publication’ has not been defined in the Act.
3.
The objective of previous
publication would appear to be to ensure that the procedure adopted by
the State Commissions in making regulations should be transparent and
an opportunity should be given to all the stakeholders to have their
say on the matter dealt with in the proposed regulation. The
intention of framers of the law in providing for’ previous
publication’ is apparently to ensure that the draft regulation is
widely circulated and is made known to the people before it is finally
notified in the official gazette.
4.
In the light of the above,
the Commission considers it appropriate that in order to meet the
requirement of ‘previous publication’ the draft regulation should be
published in the following manner before it is finalized and notified
in Madhya Pradesh Rajpatra the official gazette of the State:
i The draft regulations shall be placed in the website of the
Commission. A copy shall also be available in the Commission
office/library for perusal by interested persons during office timing
on working days.
ii. The information regarding the draft regulation shall be published
in at least two largest circulated local newspapers in the form of a
notice inviting objections/comments/suggestions. Information shall
also be placed on the public notice board of the Commission. This
notice shall contain, in brief, the subject matter of the draft
regulations.
iii. A copy of the draft regulations shall be given to the (a) State
Government in the Energy Department; (b) to all the members of the
State Advisory Committee; and (c) to all licensees.
iv. A period of two weeks, or more as the Commission considers
necessary in appropriate cases, shall be given for submission of
objections, comments and suggestions on the draft regulations.
v. The Commission may, in appropriate cases, hold public hearing on
the draft regulations on the basis of the comments/objections received
or otherwise.
vi. The regulations in the final form as approved by the Commission
shall be sent for notification in the official gazette. On its
notification in the gazette it shall be placed on the website of the
Board. A notice to the effect that the regulations have been notified
shall also be placed on the public notice board of the Commission. A
suitable press note to that effect may be issued.
5. The regulations in the final form as approved by the Commission shall
be sent for notification in the official gazette. On its notification
in the gazette it shall be placed on the website of the Board. A
notice to the effect that the regulations have been notified shall
also be placed on the public notice board of the Commission. A
suitable press note to that effect may be issued.
6. It is ordered that the
procedure described above be followed hereafter in making
regulations. It is also ordered that regulation made by the
Commission till the date of this order shall not be invalid merely on
the ground of the procedure as specified in para 4 above having not
been followed in its making.
Ordered accordingly.
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