Guidelines for Functioning of State Advisory Committee

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Guidelines No: 2 Dated 28th Feb, 2001:

Pursuant to  Sections 24 and 25 of the Electricity Regulatory Commissions Act, 1998 (Act 14 of 1998), the Himachal Pradesh Electricity Regulatory Commission hereby frames the following guidelines for establishment and functioning of the State Advisory Committee (SAC).

The Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as State Advisory Committee.

The Chairperson and Members of the Commission shall also be the ex-officio Chairperson and Members of the Committee.

The Committee shall not exceed twenty one members (not including those from the Commission) with a view to reflect a balance of various interest groups in the State energy sector as outlined in section 24(2) of the Act.  Preference shall be given to the representatives with a significant understanding of the power sector and contribution from the following sectors:-

(a)Commerce
(b)Industry
(c)Transport
(d)Agriculture
(e)Labour
(f)Consumers
(g)Non-Governmental Organizations
(h)Academic and Research bodies
(i)Licensees and Generating Companies
(j)State Transmission Utility/Board

The  Commission  shall  appoint    the  candidates  to  serve  on    the Committee, after consultation  with   the    individuals/representative organisations/bodies of such   interest groups.  The Commission  may choose to limit the number of members to be nominated in each sector, depending upon the important relationship, the concerned sector bears with the electricity industry.

Members   of   the     Committee     shall  be  nominated  for  a   term   of

1 (two   years) which  may  further  be  extended   at   the  discretion  of   the Commission.  The Commission shall have the power to re-nominate any member on expiry of his/her term.

The Secretary of the Commission shall also be the Secretary of the Committee.  He shall not be eligible for any extra remuneration on account of  this additional work.

The objects of the Advisory Committee shall be to advise the Commission on :

(a)major questions of policy, relating to electrical industry in Himachal Pradesh;
(b)matters relating to quality, continuity and extent of service provided by the licensees;
(c)compliance by licensees with the conditions and requirements of  their license;
(d)protection of consumer interest;
(e)energy supply and overall economic and efficiency standards of  performance by utilities; and
(f)on matters which the Commission refers specifically.

The   proceedings     of      the   Committee   shall   be   governed by    the                                     following:-

(i)    It shall be the duty of the Secretary to convene meetings of the Committee   and to give the Committee members thereof not less than 14 days notice in writing of the date, time and place of the proposed meeting.  If considered necessary, Chairman may reduce the period of notice to transact any urgent business.  The notice will also contain the agenda and connected papers, if any, of the meeting.

(ii) The members can write to the Secretary, indicating through a brief note, any relevant subject (as referred in Clause 7 above) for inclusion in the agenda of the subsequent meeting.

(iii) The Chairperson of the Committee shall preside at every meeting of the Committee.  In his absence, the senior most Member of the Commission shall act as the Chairperson of the meeting.

(iv) All meetings of the Committee shall be held at the office premises of the Commission at Shimla, unless the Commission otherwise notifies.

(v) The discussions in the meeting and consequent conclusions, if any, taken at the meeting shall strictly follow the agenda only, scheduled for the meeting.  Only the Chairperson can bring in additional subjects to the agenda at the end of the meeting.

(vi) The Committee shall meet at least once in every six months or at such interval and at such places as may be decided by the Commission.

(vii) A notice shall be deemed duly issued if it is sent, by post or by messenger, within the prescribed time to the registered address of a member.

(viii) A member of the Committee who fails to  attend   1(two) consecutive meetings of the Committee shall forthwith cease to be a member of the Committee.

(ix)   The proceedings of every meeting of the Committee shall be recorded in a minute book kept for the purpose and shall be signed by the Chairperson of the meeting.  This will be read along with a note on the action taken by the Commission in the next meeting for the information of the members. The record of proceedings shall be open for inspection to the members of the ‘Advisory Committee’.

(x)  Any person other than the members may be supplied with a copy of the record of proceedings of the meeting of the Advisory Committee on payment of fees prescribed by the Commission for obtaining the certified copy of the record of the Commission.

 

(xi) The quorum at the meeting of the Committee shall be one third of the total membership of the Advisory Committee.  If there is no quorum, the Chairperson may adjourn the meeting.  No further notice need be given for an adjourned meeting and no quorum is also necessary for the adjourned meeting.  If at any time after a meeting is commenced, a quorum ceases to exist, the meeting shall not be dissolved but shall continue.

  1. a)   Provided that attendance by proxy shall not be permitted at the meeting of the Advisory Committee.
  1. b)   Provided further that the Chairperson may invite any person who is not a member of the Advisory Committee as a special invitee to aid and assist the members of the Advisory Committee on any matter on the agenda of its meeting.

(xii)  No matter shall be considered at any adjourned meeting other than matters arising out of  the meeting at which the adjournment took place, provided that, with or without notice, the Chairperson may bring, or direct to be brought, any new matter which in his opinion is urgent, before an adjourned meeting of the Advisory Committee.

(xiii) No proceedings of the Committee shall be invalid by reason solely of vacancies existing in the Committee, or by reason of non-receipt of the notice or the agenda paper, provided the notice and agenda were duly issued, or by reason of any irregularity in the conduct of proceedings of the meeting.

(xiv) 1 (* * *).

(xv) In case not expressly provided for in these guidelines for the conduct of meetings, the decision of the presiding Chairperson on all matters relating to the conduct of proceedings during the meeting shall be final. (1)     A   Member of the Committee who is a Government servant or an employee of any Public Sector Undertaking shall draw travelling &  daily allowances on the scale admissible to him from his parent

(1)  A Member of the Committee who is a Government servant or an employee of any Public Sector Undertaking shall draw travelling &  daily allowances on the scale admissible to him from his parent organization.

(2)  The member who is not covered as in (1) above, shall be entitled to receive for each day on which the meeting is held and  he is present a daily allowance and travelling allowance or such allowances at the rates admissible for the time being under the Himachal Pradesh Travelling Allowances Rules to the Ist Grade Officers of the State Govt. of Himachal Pradesh. In addition, there shall be a sitting fees of Rs. 500 per meeting.

[NOTE:    The economic restrictions imposed by Govt. of Himachal Pradesh for TA/DA shall not be applicable.  The Commission shall make arrangements for Boarding and Lodging for the members coming from places outside Shimla and provide transportation from and to Shimla/Chandigarh Railway Station/Airport].

Any member  of   the committee   may, by   writing  under  his   hand, addressed to Secretary of the Commission, resign his office as member of the committee.  The Commission will take appropriate action to nominate an alternative member.

1  Substituted by notification dated 30-3-2002 for the words  “one year”.

1  Substituted by notification dated 3-3-2002 for the word “three”.

1 Sub-section (xiv) omitted vide notification dated 10-1-2003.

2 Inserted by notification dated 30-3-2002.