As per the Electricity Act 2003, the powers of the Commission are as under:
Powers of the Commission (section 94 of the Electricity Act 2003)
(1) The Commission for the purposes of any inquiry or proceedings under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 0f 1908)in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which may be prescribed.
(2) The Commission has the power to pass such interim order in any proceeding, hearing or matter before the Commission, as the Commission may consider appropriate.
(3) The Commission may also authorise any person, as it deems fit, to represent the interest of the consumers in the proceedings before it.
In addition to the above, the Electricity Act 2003 bestows several other powers to the Commission. A few of them are listed below:
Powers of entry and seizure (Section 96 of the Electricity Act 2003)
The Commission or any officer, not below the rank of a Gazetted Officer specially authorised in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, insofar as it may be applicable.
Investigation of certain matters (Section 128 of the Electricity Act 2003)
(1) The Commission may, on being satisfied that a licensee has failed to comply with any of the conditions of licence or a generating company or a licensee has failed to comply with any of the provisions of this Act or rules or regulations made thereunder, at any time, by order in writing, direct any person (hereafter in this section referred to as “Investigating Authority”) specified in the order to investigate the affairs of any generating company or licensee and to report to that Commission on any investigation made by such Investigating Authority:
Provided that the Investigating Authority may, wherever necessary, employ any auditor or any other person for the purpose of assisting him in any investigation under this section.
Power of punishment for non-compliance of directions issued by the Commission (section 142 of the Electricity Act 2003)
In case any complaint is filed before the Commission by any person or if the Commission is satisfied that any person has contravened any provisions of this Act or rules or regulations made there under, or any direction issued by the Commission, the Commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction.
Punishment for non-compliance of orders or directions: (Section 146 of the Electricity Act 2003)
Whoever, fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one lakh rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence:
Provided that nothing contained in this section shall apply to the orders, instructions or directions issued under section 121 of the Act.