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CSERC (Conduct of Business) (Second Amendment) Regulations, 2025 – EQ

CSERC (Conduct of Business) (Second Amendment) Regulations, 2025 – EQ

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Summary:

**1. Key Document Details**

* **Issuing Authority:** Chhattisgarh State Electricity Regulatory Commission (CSERC)
* **Notification No.:** 113/CSERC/2025
* **Date of Notification:** 20th November 2025
* **Legal Basis:** Issued under **Section 181 of the Electricity Act, 2003**.
* **Subject:** Amendment to the **CSERC (Conduct of Business) Regulations, 2009**.

**2. Purpose & Context**

The amendment is issued to comply with orders from:
* The **Hon’ble Supreme Court of India** (Order dated 12.04.2018).
* The **Hon’ble Appellate Tribunal for Electricity** (Order dated 02.12.2013).
Its primary goal is to ensure the Commission can function effectively despite vacancies in member positions.

**3. Core Amendment: New Quorum Rules**

The notification substitutes **Regulation 7(1)(b)** concerning the quorum for Commission meetings. The new rule is structured as follows:

* **Standard Quorum:** The quorum for a meeting shall be **two members**.
* **Proviso 1 (Flexibility during Vacancy):** If only one member is available (due to vacancy or any other reason), the quorum for proceedings shall be **one member**.
* **Proviso 2 (Mandate for Adjudicatory Functions):** For any **adjudicatory function** under **Section 86(1)(f)** of the Electricity Act (e.g., dispute resolution), it is **mandatory** that a **person of law** (a judicial member) must be part of the quorum or bench.

**4. Commencement & Applicability**

* The regulations come into force on the date of their publication in the **Chhattisgarh Rajpatra** (State Gazette).
* They apply to the **entire state of Chhattisgarh**.

**5. Significance**

This amendment is a practical administrative measure that:
1. **Ensures Continuity:** Prevents paralysis of the Commission’s work when member positions are unfilled.
2. **Upholds Legal Standards:** Maintains a mandatory judicial presence for critical adjudicatory functions, protecting due process.
3. **Provides Clarity:** Clearly defines operational rules under different scenarios of member availability.

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For more information please see below link:

Anand Gupta Editor - EQ Int'l Media Network