PSERC Regulations 59Chapter X · Chapter X

Section 59 · Collection of information

(1)

The Commission may make such order or orders as it thinks fit in terms of the provisions of the Act for collection of information, inquiry, investigation, entry, search and seizure and without prejudice to the generality of its powers, undertake the following :

(a)

the Commission may specially authorize any officer to enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry or adjudication with the Commission under the Act, may be found and to seize any such document or take extracts or copies therefrom;

(b)

in the exercise of powers conferred on it by Section 128 of the Act, the Commission may, on being satisfied that a licensee or a generating company has failed to comply with any of the conditions of the licence or the provisions of the Act or the Rules or any of the Regulations made there-under, at any time, by order in writing, direct any person specified in the order to investigate the affairs of the licensee or generating company and report to the Commission. For this, the Commission may direct the minimum information to be maintained by the licensees and generating companies in their books and also direct the manner in which such information shall be maintained and the checks and verifications to be adopted;

(c)

the Commission may, at any time, direct the Secretary or any one or more officers or consultants or any other person as the Commission considers appropriate to study, investigate or furnish information with respect to any matter within the purview of the Commission;

(d)

the Commission may for the above purpose give such other directions as it may deem fit and direct the time within which the report is to be submitted or information furnished;

(e)

the Commission may issue or authorize the Secretary or an officer to issue directions to any person to produce before it and allow to be examined and kept by an officer of the Commission specified in this behalf, the books, accounts and other documents;

(f)

the Commission may, for the purpose of collecting any information, particulars or documents which the Commission considers necessary in connection with the discharge of its functions, issue such directions and follow any one or more of the methods provided for in the Act as the Commission considers to be appropriate;

(g)

if any such report or information obtained as specified in the Act or in these Regulations appears to the Commission to be insufficient or inadequate; the Commission or the Secretary or an officer authorised for the purpose may give directions for further inquiry, report and furnishing of information; and

(h)

the Commission may direct that such incidental, consequential and supplemental matters which may be considered relevant in connection with the above, be attended to.

(2)

In the discharge of the functions and powers under the Act and these Regulations, the Commission may, if it thinks fit, direct a notice of inquiry to be issued and proceed with the matter in the manner provided under Chapter II of these Regulations.

(3)

On receipt of the report from the appointed Investigating Authority, and after giving an opportunity to the licensee or generating company, as the case may be, to make a representation in connection with the report, the Commission may make an order to require the licensee or the generating company to take such action in respect of any matter arising out of the report as the Commission may think fit.

(4)

The Commission may, after giving reasonable notice to the licensee or the generating company, as the case may be, publish the report submitted by the Investigating Authority or such portion(s) thereof as may appear to the Commission to be necessary.

(5)

The Commission may, at any time, take the assistance of any institution, consultants, experts, engineers, chartered accountants, advocates, surveyors and such other technical and professional persons, as it may consider necessary, and ask them to study, investigate, inquire into any matter or issue and submit report or reports or furnish any information. The Commission may determine the terms and conditions for engagement of such professionals.

(6)

If the report or information obtained in terms of the above clauses or any part thereof is proposed to be relied upon by the Commission in forming its opinion or view in any proceedings, the parties in the proceedings shall be given a reasonable opportunity for filing objections and making submissions on the report or information.

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