The Joint Electricity Regulatory Commission (JERC) on January 02, 2024, issued the Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Conduct of Business) (6th Amendment) Regulations, 2023 to further amend the Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Conduct of Business) Regulations, 2009.
The following amendments have been stated:
• A new sub-clause shall be added after Regulation 2(ii) which specifies the Definitions
(iii) All other expressions used in these Regulations shall have the meanings ascribed to them by the Code, Arbitration and Conciliation Act, 1996, Limitation Act, 1961, Indian Contract Act, 1878, Information Technologies Act, 2000 and General Clauses Act, 1897, as amended from time to time.
• After Regulation 4 which specifies Language of the Commission, a new Regulation 4 A shall be added as under: -
4A Executive Powers of the Commission
(i) In accordance with sub-section (4) of Section 84 of the Act, the Chairperson shall be the Chief Executive of the State Commission.
(ii) If the post of Chairperson is vacant, the Member (Law) of the Commission shall discharge the functions of the Chairperson, until the Chairperson joins or, as the case may be.
• The following sub clause shall be added after sub-clause (iv) of Regulation 14 which specifies the Affidavit in support-
(v) ‘Every Affidavit accompanying Petition shall clearly and separately state that whether no such proceedings on the same subject matter have been previously filed before the Commission or in any other forum and that the subject matter in the present Petition is also not, or, is, substantially the subject matter of any pleading/ previous litigation before the Commission or any other forum. If so, then provide the details for the same in the affidavit.
• Regulation 13 is substituted as under: -
13. Application of Limitation Act, 1963
It is noticed that there is no time limit mentioned in the Conduct of Business Regulations regarding the settlement of disputes between the licensee & generating companies and arbitration matters etc. Keeping the above in view application of the Limitation Act, 1963 shall be inserted as under: -
While deciding the limitation period in filing any petition before the Commission by any party in cases not expressly provided in the Act or Rules or Regulations, the Commission shall be guided by the provisions of the Limitation Act, 1963.
These Regulations shall come into force on January 03, 2024.
[Notification No. JERC:-01/2009]
