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State of Gujarat - Section

Section 18 in Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001

18. Powers of Authority.

(1)The Authority shall, for the purposes of any inquiry under this Act have the powers of a civil court while trying a suit, in respect of the following matters, namely: -
(a)summoning and enforcing the attendance of any witness and examining him on oath, ,
(b)requiring the discovery and production of any document or other material object producible as evidence,
(c)receiving of evidence on affidavits,
(d)requisitioning of any public record or a copy thereof from any court or office,
(e)issuing commissions for examination of witnesses or documents,
(f)reviewing of its decisions, directions and orders, and
(g)any other matter which may be prescribed.
(2)The Authority shall have powers to pass such interim order in any matter before it, as it may consider appropriate.
(3)Where the Authority is of opinion that it is necessary so to do for the purposes of this Act, it may require by an order in writing to a specified company or any person-
(a)to produce before, or to allow to be examined by, an officer specified in the said order such books, accounts or other documents in the custody or control of that company or person, relating to any matter concerning the transmission, supply or distribution or laying of pipelines therefor as may be specified in the other, and
(b)to furnish to the officer specified in the order such information in its or his possession, power or control as may be specified in the order.
(4)The Authority may require a specified company or any person -
(a)to produce before or to allow to be examined by an officer of the Authority authorised by it in this behalf, such books, accounts or other documents relating to the functioning of the company engaged in transmission of gas or of any undertaking engaged in supply, distribution or use of gas, in the custody or under the control of such company or person,
(b)to furnish to the authorised officer such information in the possession, power or control of such company or person for the purposes of performance of the functions by the Authority.
(5)Where during any inquiry or proceeding under this Act, the Authority has reason to believe that any books or accounts or documents of or relating to the specified company engaged in transmission of gas or any person engaged in supply, distribution or use of gas in relation to which or whom such inquiry is made or proceedings are undertaken are being or may be destroyed, mutilated, altered, falsified or secreted, the Authority may by written order authorise any officer of the Authority to enter and search any place of business of the company or person or any other place where the Authority has reason to believe that the company or person keeps or is for the time being keeping books or accounts or documents and to seize the same and after granting a receipt therefor retain the same for such period so long as is necessary in connection with such inquiry or proceeding.
(6)The provisions of the Code of Criminal Procedure, 1973, (2 of 1974) relating to searches and seizers shall apply, so far as may be, to the searches and seizers made under sub-section (5).
(7)The Authority may, by a general or special order call upon a specified company or any person to furnish to the Authority periodically or, as and when required, any information concerning its or his activities related to transmission, supply, distribution of gas or laying of pipelines therefor or use of gas.
(8)The Authority may, for the purpose of placing gas pipelines, appliances and apparatus, by an order, confer--
(i)upon a specified company for transmission, and
(ii)upon a licensee or any other person for supply and distribution, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, (13 of 1885.) with respect to placing of telegraph lines and posts subject to such conditions as the Authority may specify in such order.