Section 10 in The Orissa Electricity Reform Act, 1995
10. Powers of the Commission.
(1)The Commission shall, for the purposes of any inquiry or proceedings under this Act, have the powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely :(a)the summoning and enforcing the attendance of any witness and examining him on oath;(b)the discovery and production of any document or other material object producible as evidence;(c)the reception of evidence on affidavits;(d)the requisition of any public record from any office;(e)the issuing of any commission for examination of witnesses; and(f)the review of its decisions, directions and orders.(2)The Commission shall have the power to require any person-(a)to produce before, and allow to be examined and kept by an officer of the Commission specified in this behalf, such books, accounts, or other documents in the custody or under the control of the person so required as may be specified or described in the requisition, being documents relating to any matter concerning the generation, transmission, distribution and supply or use of electricity, the functioning of any undertaking involved in the above areas and other matters, the examination of which may be required by the Commission for the purpose of this Act; and(b)to furnish to an officer so specified such information as may be required for the purposes of this Act or such other information as may be in his possession in relation to any activity carried on by any other person.(3)Where, during any inquiry or proceedings under this Act, the Commission has any grounds to believe that any books or papers or documents of, or relating to any unit or person in relation to which such inquiry is being made or which the owner of such unit may be required to produce in such inquiry, are being, or may be, destroyed, mutilated, altered, falsified or secreted, it may, by a written order, authorise any officer of the Commission to exercise the same powers of entry, search and seizure as may be exercised by an Inspector under Sections 240 and 240-A of the Companies Act, 1956.(4)Notwithstanding anything contained in any other law for the time being in force, the Commission may, by a general or special order, call upon any person including the generating companies or the licencees to furnish to the Commission periodically, or as and when required, any information concerning the activities carried on by such person related to generation, transmission, distribution and supply or use of electricity; the connection between such person and any other person or undertaking including such other information relating to the Organisation, business and cost of production to enable the Commission to carry out its functions under this Act.(5)In the discharge of its functions the Commission shall be entitled to, and may consult to the extent the Commission considers appropriate from time to time such persons or group of persons who may be affected or likely to be affected by the decisions of the Commission.(6)The Commission may call for information, details, accounts and other documents from any person or licensee and make inquiry for the purposes of providing the same to the Central Electricity Authority, the Central Government and the State Government when so required by them.(7)All persons to whom notices may be issued pursuant to this Act shall duly, faithfully and effectively furnish the information, details, books, accounts and other documents, which the Commission considers relevant in connection with its functions under this Act or which may be required to be obtained at the directions of the Central Electricity Authority, the Central Government or the State Government and shall be proceeded with and punishable under Section 41 for any failure to comply with such requirement.(8)Notwithstanding anything contained in Sections 12, 13, 14, 15, 16, 18 and 19 of the Indian Electricity Act, 1910 (9 of 1910) the Commission may by order in writing confer upon licenses or any other person engaged in the business or transmission, distribution or supply of energy under this Act, subject to such conditions and restrictions as the Commission may think fit to impose, any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885 with respect of placing of telegraph lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained.
