PSERC Regulations 12Chapter II · Chapter II

Section 12 · Service of notices and processes issued by the Commission

(1)

Any notice or process issued by the Commission may be served by any one or more of the following modes as may be directed by the Commission :

(i)

service by the party filing the petition;

(ii)

by hand delivery through a messenger;

(iii)

by registered post with acknowledgment due; and

(iv)

by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notice or process on any person in the manner mentioned above.

(2)

Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished in the petition or proceedings or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain.

(3)

In the event any matter is pending before the Commission and the person to be served has authorized an agent or representative to appear for or represent him or her in the matter, such agent or representative shall be deemed to be duly empowered to take service of the notice or process on behalf of the party concerned in all matters and the service on such agent or representative shall be taken as due service on the person to be served. It shall be the duty of such agent or representative to duly inform in time, the person whom he represents, of the service of the notice.

(4)

Where a notice or process is served by a party to the proceedings either in person or through registered post, an affidavit of service shall be filed by such party with the Commission giving details of the proof of service.

(5)

Where any petition is required to be published in newspapers, it shall be done in the manner specified in Regulation 67.

(6)

The Commission may also effect service or give directions for effecting service in any other manner it considers appropriate.

(7)

The Commission shall be entitled to decide in each case the person(s) who shall bear the cost of service or publication of the notice or process.

(8)

Save as otherwise provided in the Act or in these Regulations and subject to any direction which the Commission or the Secretary or the officer designated for the purpose may issue, the Petitioner or any other person whom the Commission may make responsible, shall arrange for service or publication of notice or process required to be served or published.

(9)

In default of compliance with the requirements of these Regulations or directions of the Commission as regards the service or publication of notice or process, the Commission may either dismiss the petition or give such other or further directions, as it thinks fit.

(10)

No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of a person provided that the Commission is satisfied that such service is in other respects sufficient and the person served will not be adversely affected by reason of such defect.

(11)

No proceeding shall be invalidated by reason of any defect or irregularity in the service or publication unless the Commission is of the opinion that substantial injustice has been caused by such defect or irregularity.

Your private note on this section

Only you can see this note.