No15/11/2009-CBR/FOR/CERC Date: 18th June, 2009
In exercise of powers conferred by sub-rule (2) of rule 6 of the Forum of Regulators Rules, 2005 notified under the Electricity Act, 2003 (Act. 36 of 2003). the Forum of Regulators makes the following rules, namely: -
1. Short title and commencement.-
3. Duties of the Secretary.-
4. Power to designate officers.-
In the absence of the Secretary, the Chairperson, or in the absence of Chairperson, the senior most Member of the Forum may designate such other officer of the Central Commission, who may exercise any or all of the functions of the Secretary.
5. Place and time of Meetings.-
All meetings of the Forum shall be held either at New Delhi or any other place at such time as the Forum or Chairperson may decide. The Forum shall meet at least twice in a year, out of which one meeting will be held in New Delhi in the first quarter of every financial year where the annual accounts of the previous year and the budget for current year shall be taken up for consideration.
6. Notice for Ordinary Meetings.-
The Secretary or such other officer authorized by the chairperson, for every ordinary meeting of the Forum shall send a notice in writing of at least seven days in advance to all Members, including the Chairperson.
7. Agenda and notes for the meeting.-
The Secretary or such other officer authorized officer shall invariably send the agenda for the meeting together with notes, statements and reports, if any, along with notice of the meeting.
8. Special Meeting.-
9. Presiding of meetings in the absence of Chairperson.-
The Chairperson shall preside over the meetings and the conduct of business of the-Forum. If for any reason the Chairperson is unable to be present at the meeting, any other Member nominated by the Chairperson in this behalf and in the absence of such nomination or when there is no Chairperson, the senior-most Member (seniority on the basis of length of tenure as chairperson of ERCs) shall preside over the meeting and perform the duties of the Chairperson.
10. Effect of Non-receipt of notice of Meeting by a Member.-
The non-receipt of a notice of meeting by any Member shall not invalidate the proceedings of the meetings or any resolution passed or decision taken at such meetings.
12. Decisions of the Forum.-
As far as possible, all decisions of the Forum shall be taken on the basis of consensus among Members present in the meeting. In case of any difference, if 2/3 rd 's of the members attending the meeting are agreed on a matter, it shall be considered as the decision of the Forum.
13. Discussion on matters not included in the Agenda.-
Any Member of the Forum may propose for discussion of any matter which is not included in the agenda, with the permission of the Chairperson, and the decision taken at the meeting on such item shall be deemed to be a decision of the Forum.
14. Decision of Forum by circulation.-
The Chairperson or any Member with the permission of the Chairperson, may propose any matter of importance to be circulated for a decision to all the Members of the Forum and in case the majority of the Members are agreed on a matter, it shall be construed as a decision of the Forum . The members shall convey their decision within 07 days from the date of circulation of the proposal.
15. Ratification of decisions taken by circulation.-
All matters, on which decision has been taken by circulation by majority of the Members including the Chairperson, shall be placed in the succeeding meeting of the Forum , for ratification by the Forum .
RECORDING OF MINUTES OF MEETINGS AND COMMUNICATION
16. Recording of Minutes.-
17. Confirmation of Minutes of Meeting of Forum.-
The minutes of the previous meeting of the Forum shall be placed in its next meeting for confirmation.
18. Register of Minutes of Meetings of the Forum.-
The Secretary or any person authorised in this behalf shall maintain a register for recording the minutes of the meetings of the Forum and shall record therein the minutes of each meeting and shall be responsible for getting the minutes of each meeting authenticated by the person who presided over the meeting.
FINANCES OF THE FORUM
19. Annual Financial Contribution-
The Annual Financial Contribution to be made by the members shall be as decided by the Forum in the meeting to be held in the first quarter of every year.
The Secretariat of the Forum shall prepare its budget for the next financial year, showing the estimated receipts and expenditure of the Forum and place before the Forum for consideration in its meeting to be held in the first quarter of every year.
21. Accounts and Audit of the Forum-
22. Annual Report-
The Forum of Regulators shall prepare every year, an annual report, giving a summary of its activities during the previous financial year and copies of the report shall be forwarded to the Central government.
23. Power to relax.-
Nothing in these rules shall bar the Forum from adopting in conformity with the provisions of the Act, a procedure, which is at variance with any of the provisions of these rules, if the Forum, in view of the special circumstances of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient for dealing with such a matter or class of matters.