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Extra No. 1

©

REGISTERED No. G/GNR/2

The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY


Vol. XLVI]               FRIDAY, JANUARY 7, 2005/PAUSA   17, 1926


Separate paging is given to this Part in order that it may be filed as a Separate compilation.


PART- IV-C
 

Statutory Rules and Orders (Other than those published in
Part I, I-A and I-L) made by Statutary Authorities other than the Government of Gujarat including those made  by the Government of India, the High Court, the Director of Municipalities, the Commissioner or Police, the Director of Prohibition and excise, the District Magistrates and the Election Commission, Election Tribunals, Returning Officers and other authorities, under the Election Commission.


GUJARAT ELECTRICITY REGULATORY COMMISSION (GERC)

PROCEDURE FOR FILING APPEAL BEFORE THE APPELLATE AUTHORITY

REGULATIONS

NOTIFICATION : No. 1 of 2005

 

In exercise of the powers conferred under Section 181 read with section 127 of the Electricity Act 2003 (36 of 2003) and all powers enabling it in that behalf, Gujarat Electricity Regulatory Commission hereby makes the following Regulations providing for procedure for filing appeal before the Appellate Authority.
 

 


Chapter -  I

Preliminary
 

1.         Short Title, Extent and Commencement

These Regulations may be called the Gujarat Electricity Regulatory Commission (Procedure for filing Appeal before the Appellate Authority) Regulations, 2004

The Regulations extend to the whole of the State of Gujarat.

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

2.         Definitions and Interpretation

2.1       In these Regulations, unless the context otherwise requires :-

a)         “Act” means the Electricity Act, 2003 (36 of 2003)

b)         “Appellate Authority” means the authority prescribed under sub-section (1) of Section 127 of the Act.

c)         “Commission” means the Gujarat Electricity Regulatory Commission.

d)         “Licensee” means a distribution licensee, as defined under the Act.

e)         “Month” means calendar month.

f)          “Regulations” mean the Gujarat Electricity Regulatory Commission (Procedure for filing Appeal before the Appellate Authority) Regulations, 2004.

g)         “State Act” shall mean the Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003.

Words and expressions used and not defined in these Regulations but defined in the Acts or the State Act or the Rules framed thereunder shall have the meanings assigned to them in the said Act or the State Act or such Rules. Expressions used herein but not specifically defined in the Regulations or in the Acts or the State Act or the Rules framed thereunder but defined under any law passed by a competent legislature and applicable to the electricity industry in the state shall have the meaning assigned to them in such law. Subject to the above, expressions used herein but not specifically defined in these Regulations or in the Act or the State Act or the Rules framed thereunder or in other law passed by a competent legislature shall have the meaning as is generally assigned in the electricity industry. The Bombay General Clauses Act, 1904, shall apply for the purpose of the present Regulations.

2.2       Interpretation

In the interpretation of these Regulations, unless the context otherwise requires:

a)         words in the singular or plural term, as the case may be, shall also be deemed to include the plural or the singular term, respectively.

b)         the terms "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" regardless of whether such terms are followed by such phrases or words of like import;  

c)         references herein to the “Regulation" shall be construed as a reference to these Regulations as amended or modified by the Commission from time to time in accordance with the applicable laws in force.

d)         the headings are inserted for convenience and may not be taken into account for the purpose of interpretation of these Regulations.

e)         references to the statutes, regulations or guidelines shall be construed as including all provisions consolidating, amending or replacing such statutes, regulations or guidelines, as the case may be, referred to.

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Chapter II

Procedure for Filing of Appeal

3.         Filing of Appeal 

a)         A person aggrieved by a final order made under section 126 of the Act, may, within 30 days of the order, file and appeal before the Appellate Authority.

 b)        No aapeal shall be entertained unless an amount equal to one third of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.

c)         The appeal shall be made in the form specified in the Schedule. (“Memorandum of Appeal”) in duplicate.

 d)        The Memorandum of Appeal shall be signed and verified in the manner specified in the Schedule.

4.         Fees for Appeal

a)         The appeal shall be accompanied by the following fee

Sr. No.

Amount Assessed

Fee

1

Upto Rs. 100,000

Rs. 1000

2

Above Rs. 100,000

Rs. 2500

b)          The fee shall be paid in such form as the Appellate Authority may specify.

5.         As far as may be practicable the Appellate Authority shall pass an order within 120 days from the date of filing an appeal.

 

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