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Section 92: Proceedings of Appropriate Commission

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 91 All 185 Sections of Electricity Act Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 of the Act regulates the proceedings of the Appropriate Commission, defining quorum requirements, majority voting rules, and casting votes for conducting regulatory business and adjudications.

  • Quorum & Meeting Procedures: Specifies that the Commission shall meet at such times and places as provided in its regulations, with a statutory quorum required for formal proceedings.
  • Democratic Majority Decision Rule: Requires all questions before the Commission to be decided by a majority of votes of the Members present and voting, with the presiding member having a second casting vote in case of equality.
  • Procedural Autonomy under Conduct of Business Rules: Authorizes the Commission to regulate its own procedure, conduct public hearings, and manage electronic filing systems.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that proceedings before the Commission are quasi-judicial, requiring strict adherence to principles of natural justice and procedural fairness.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that internal conduct of business regulations must advance transparency and open access.
  • Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd. (2008) 4 SCC 755: Affirmed that adjudicatory proceedings under Section 92 must adhere to judicial standards of evidence and fair hearing.
Courtroom Practice & Strategic Litigation Guidance:

In multi-member hearings, ensure all members who heard oral arguments participate in signing the final order; under Section 92, an order signed by a member who did not attend the final hearing is procedurally vulnerable to challenge.

Section 91 All 185 Sections of Electricity Act Section 93