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State of Gujarat - Section

Section 18 in The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003

18. Powers of Commission.

(1)The Commission shall for the purposes of any inquiry under this Act have the powers of a Civil Court while trying a suit under the Code of Civil Procedure 1908 (5 of 1908), 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)review of its decision, directions and orders; and
(g)any other matter which may be specified by the Commission by regulations.
(2)The Commission shall have the power to pass such interim order in any matter before it as it may consider appropriate.
(3)Where the Commission is of the opinion that it is necessary so to do for the purposes of this Act, it may require by an order in writing to any person-
(a)to produce before or to allow examination by an officer specified in the said order such books, accounts or other documents in the custody or control of that person relating to any matter concerning the transmission, distribution, supply or use of electricity as may be specified in the order, and
(b)to furnish to the officer specified in the order such information in his possession, power or control as may be specified in the order.
(4)Where during any inquiry or proceedings under this Act the Commission has reason to believe that any books or accounts or documents of or relating to any person engaged in transmission, distribution and supply or use of electricity in relation to whom such inquiry is made or proceedings are undertaken are being or may be destroyed, mutilated, altered, falsified or secreted the Commission may by written order authorise any officer of the Commission to enter and search any place of business of the person or any other place where the Commission has reason to believe that the person keeps or is for the time being keeping the books or accounts or documents and to seize the same and after granting a receipt therefor retain the same for so long as is necessary in connection with such inquiry.
(5)The provisions of the Code of Criminal Procedure 1973 (2 of 1974) relating to searches shall apply so far as may be to the search made under sub-section (4).
(6)The Commission may by a general or special order call upon any person to furnish to the Commission periodically or as and when required any information concerning his activities related to generation, transmission, distribution and supply or use of electricity.
(7)Notwithstanding anything contained in Section 12 to 16 (both inclusive) and Sections 18 and 19 of the Indian Electricity Act, 1910 (9 of 1910) the Commission may for the purpose of placing of the electric supply lines, appliances and apparatus for transmission, distribution and supply of electricity by order in writing confer upon a licensee or any other person engaged in transmission, distribution or supply of electricity 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 Commission may specify in such order.