Section 16 in Himachal Pradesh Electricity Regulatory Commission (Conduct of Business) Regulations, 2005
16. Service of notices and processes issued by the Commission.
(1)Subject to the provisions of the rules framed by the State Government under sub-section (1) of section 171 of the Act, any notice or process to be issued by the Commission may be served by any one or more of the following modes, as may be directed by the Commission,-(i)service by any of the parties to the proceedings as may be directed by the Commission;(ii)by hand delivery through a messenger;(iii)by registered post with acknowledgement due;(iv)by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, processes, etc. on any person in the manner mentioned above;(v)in any other manner as may be considered appropriate by the Commission.(2)Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished by him for service or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain.(3)In the event any matter is pending before the Commission and the person to be served has authorized an agent or representative to appear for or represent him in the matter, such agent or representative shall be deemed to be duly empowered to take service of the notices and processes on behalf of the party concerned in all matters and the service on such agent or representative shall be taken as due service on the person to be served. It shall be the duty of such agent or representative to duly inform the person, whom he represents, of the service of the notices and processes.(4)Where a notice or process is served by a party to the proceedings either in person or through registered post, an affidavit of service shall be filed by such party with the Commission giving details of the date, manner and proof of service of the notice or the process as the case may be.(5)Where any application, petition, or other matter is required to be published under the Act or the regulations framed thereunder or as per the directions of the Commission, it shall, unless the Commission otherwise orders or the Act or regulations otherwise provide, be published within such time as the Commission may direct and in the absence of any specific directions to the contrary, not less than 7 days before the date fixed for hearing and further unless otherwise directed by the Commission, such publication shall be done in two newspapers one in English language and one in Hindi language having circulation in the area concerned:Provided that save as otherwise provided such publication shall give a heading describing the subject matter in brief and shall be approved by the officer of the Commission designated for the purpose.(6)The Commission may also effect service or give directions for effecting service in any other manner it considers appropriate.(7)The Commission shall be entitled to decide in each case the person(s) who shall bear the cost of such service and publication.(8)Save as otherwise provided in the Act or in this Regulation and subject to any direction which the Commission or the Secretary or the Officer of the Commission designated for the purpose may issue, the petitioner, the applicant or any other person whom the Commission may make responsible, shall arrange for service of notices, summons, processes and for publication of notices and processes required to be served or published.(9)In default of compliance with the requirements of the regulations or directions of the Commission as regards the service of notices, summons or processes or the advertisement and publication thereof, the Commission may either dismiss the petition or give such other or further directions, as it thinks fit.(10)No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of person provided that the Commission is satisfied that such service is in other respects sufficient.(11)No proceeding shall be invalidated by reason of any defect or irregularity in the service or publication unless the Commission, on an objection taken, is of the opinion that substantial injustice has been caused by such defect or irregularity in publication or there are otherwise sufficient reasons for doing so.
