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State of Punjab - Act

Punjab State Electricity Regulatory Commission Procedure for filing Appeal before the Appellate Authority Regulations, 2005

PUNJAB
India

Punjab State Electricity Regulatory Commission Procedure for filing Appeal before the Appellate Authority Regulations, 2005

Rule PUNJAB-STATE-ELECTRICITY-REGULATORY-COMMISSION-PROCEDURE-FOR-FILING-APPEAL-BEFORE-THE-APPELLATE-AUTHORITY-REGULATIONS-2005 of 2005

Published on 7 March 2005
Commenced on 7 March 2005
[This is the version of this document from 7 March 2005.]
[Note: The original publication document is not available and this content could not be verified.]

Punjab State Electricity Regulatory Commission Procedure for filing Appeal before the Appellate Authority Regulations, 2005Published vide Punjab Government Notification No. PSERC/Secy./Regulation 14 dated 7.3.2005The Punjab State Electricity Regulatory CommissionNo. PSERC/Secy./Regulation 14. - In exercise of powers conferred under Section 127 read with Clause (zo) of sub-section (2) of Section 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, the Punjab State Electricity Regulatory Commission hereby makes these regulations providing for procedure for filing the appeal before the Appellate Authority against the final order of assessment made under Section 126 of the said Act.

1. Short title, commencement and interpretation.

(1)These Regulations may be called the Punjab State Electricity Regulatory Commission (Procedure for filing Appeal before the Appellate Authority) Regulations, 2005.

(2)These Regulations shall extend to the whole of the State of Punjab.

(3)These Regulations shall come into force on the date of their publication in the official gazette.

2. Definitions.

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

(a)"Act" means the Electricity Act, 2003;

(b)"Appellate Authority" means the authority prescribed under sub- section (1) of Section 127 read with Clause (u) of sub-section (2) of Section 176 of die Act;

(c)"Assessing Officer" means the assessing officer designated under Section 126 of the Act;

(d)"Commission" means the Punjab State Electricity Regulatory Commission;

(e)"Licensee" means a person who has been granted a licence under the Act and shall include a Deemed Licensee under the Act;

(f)"Amount assessed" means the amount as determined in the final order of assessment made under Section 126 of the Act; and

(g)Words and expressions used but not specifically defined herein but defined in the Act shall have the meanings assigned to them in the Act.

3. Filing of appeal.

(1)Any person aggrieved by a final order made by an assessing officer under Section 126 of the Act, may, within 30 days of the order, file an appeal before the Appellate Authority.

(2)The appeal shall be made in the form specified in the Schedule to these Regulations.

(3)The Memorandum of Appeal shall be signed and verified in the manner specified in the Schedule to these Regulations.

(4)No appeal against an order of assessment under Clause (1) 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 alongwith the appeal.

(5)The appeal shall be accompanied by the fee of 0.5% of the assessed amount subject to minimum of Rs. 100.

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

4. Miscellaneous.

(1)Subject to the provisions of the Electricity. Act, 2003 and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of these Regulations and procedure to be followed on various matters, which the Commission has been empowered by these Regulations to direct and matters incidental or ancillary thereto.

(2)If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, do or undertake or permit the Appellate Authority to do or undertake things not being inconsistent with the provisions of the Act which in the opinion of the Commission are necessary or expedient for removing the difficulty.

(3)The Commission may, at any time, add, vary, alter, modify or amend any of the provisions of these Regulations.

Schedule

Form of AppealAppeal Before the Appellate Authority under Section 127 of the Electricity Act, 2003Appeal against final order (A.F.O.) No. _____ of 200Between(Name and address or the Consumer) _______ AppellantAnd

1. (Name and address of Distribution Licensee)

2. (Name and address of the Assessing Officer) ___________ Respondents

Appeal under Section 127 of the Electricity Act, 2003

1. Details of Applicant

a. Full Name of the Appellant :b. Full Address of the Appellant :c. Name, Designation & Address of the Contact Person :d. Contact Telephone Numbers :Fax Number(s) :Email ID :

2. Details of the Distribution Licensee

a. Name and address of Distribution Licenseeb. Name of the concerned Divisional Engineerc. Address of the office of the Divisional Engineer

3. Details of the Assessing Officer

a. Nameb. Address

4. Address of the premises inspected under Section 126 of the Electricity Act, 2003.

5. Connected Load

6. Particulars of the meter installed

7. Date of Inspection

8. Date of the provisional assessment

9. Amount provisionally assessed

10. Date of filing of the objections by the Appellant against provisional assessment

11. Date of hearing of the objections by the Assessing Officer

12. Nature of the unauthorized use alleged

13. Gist of the final order of assessment under Section 126 of the Electricity Act, 2003.

14. Whether any amount assessed paid/deposited relating to the period in issue and if so, the details thereof

15. Whether the appellant has paid one-third of the Amount Assessed if so, the details thereof

16. Whether there was any consent of the Appellant to the final order of assessment.

17. Grounds Of Appeal

(State the grounds of the case on which the appeal is filed and the reason(s) why the final order is unsustainable)PrayerIt is, therefore, prayed that ________________________________________________________________________________AppellantVerificationI, _____________ (Name of the Appellant (if individual) or the authorized representative of the Appellant) declare that the facts stated in the above Memorandum of Appeal are true to my knowledge or based on information from _____ and believed by me to be true, no part of the same is false and nothing material has been concealed therefrom.Verified _______________ on this ___________ day of ____Place :

(Signature)

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