Jharkhand Gazette, No. 757, 26 November 2024

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THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

5 AGRAHAYAN 1946 (S)

No. 757

RANCHI TUESDAY 26th NOVEMBER, 2024

JHARKHAND STATE ELECTRICITY REGULATORY COMMISSION

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NOTIFICATION

25th November, 2024

Fees, Fines & Charges Regulations, 2024

RESOLUTION

Notification No.107--In exercise of powers conferred under Sub-section (1)(g) of Section 86 read with Sub-section (2)(zp) of Section 181 of the Electricity Act, 2003 (No. 36 of 2003) and all powers enabling it in that behalf and on the basis of experience of working of the JSERC (Conduct of Business) Regulations, 2016 as well as due to the increase in cost of operation of the Commission and considering the inflation during last 8 years, there was a need to revise the JSERC (Conduct of Business) Regulations, 2016 Schedule-I: Fees, Fines and Charges. As such, the JSERChereby makes Jharkhand State Electricity Regulatory Commission (Fees, Fines & Charges) Regulations, 2024.

Once notified these Regulations shall supersede Schedule-Iof JSERC (Conduct of Business) Regulations, 2016.

1: Short Title and Commencement

1.1 These Regulations may be called the Jharkhand State Electricity Regulatory Commission (Fees, Fines & Charges)Regulations, 2024;

1.2 These Regulations shall come into force from the date of its publication in the Official Gazette of the Government of Jharkhand;

1.3 These Regulations shall supersede Schedule-I of JSERC (Conduct of Business) Regulations, 2016 read with all amendments thereto, as applicable to the subject matter of theseRegulations;

1.4 These Regulations shall extend to the entire state of Jharkhand;

2: Definitions and Interpretations

2.1 In these Regulations, unless the context otherwise requires:

(a) "Act" means the Electricity Act, 2003, read in conjunction with its latest revisions;

(b) "Commission" or "JSERC" means Jharkhand State Electricity Regulatory Commission;

(c) "Fees" means fees as mentioned in the Schedule-1;

(d) "Fines and/or Charges" refers to Fines and/or charges that the Commission is empowered to impose under the Act;

(e) "Fund" shall mean the Jharkhand State Electricity Regulatory Commission Fund constituted under Section 103 of the Electricity Act, 2003;

(f) "Generating Company" shall have the meaning as defined under the Electricity Act, 2003;

(g) "Licensees" shall mean licensees under the Electricity Act, 2003;

(h) "Regulations" shall mean the "Jharkhand State Electricity Regulatory Commission (Fees, Fines &Charges)Regulations, 2024";

(i) "Schedule" refers to the schedule appended to these Regulations.

3: Fees on Applications and Petitions

3.1 Every application, petition or appeal made to the Commission shall be accompanied by such Fees as specified in the Schedule of Fees, Fines and Charges. The Co-Petitioner(s), if any, shall also have to pay the same fee/charges as is required to be paid by the main petitioner.

3.2 The Fees payable under these Regulations shall be paid by means of bank draft, pay order drawn in favour of the 'Jharkhand State Electricity Regulatory Commission' payable at Ranchi or through online mode. If the Fee payable is more than Rupees One lakh, the same shall be deposited through electronic transfer directly in the Bank Account of JSERC under Jharkhand State Electricity Regulatory Commission under intimation to the Commission. Details needed for identifying the bank account of JSERC may be obtained from the Commission Secretary, or Commission's website jserc.org.

3.3 All Fees received by the Commission under these Regulations shall be credited to the JSERC Fund.

3.4 The fee received shall be entered in the register prescribed for the purpose in the formas in Annexure 1.

3.5 No petition or document made chargeable as per Schedule of Fees, Charges & Fines of the Regulation, shall be filed before the Commission unless the fees so specified have been paid.

Wherein such fees have not been paid or a lesser amount other than the fees, specified in the Regulation has been paid, the petitioner may be asked to submit the required fees/balance fees within a time period of fifteen days from the date of intimation. In case of Non-compliance of such intimation, the Commission may in its discretion decide the petition or return such petition unheard.

3.6 In case, the Commission finds the original petition filed by the Petitioner inappropriate in terms of prevailing Regulations & directs the Petitioner to file the revised petition, the fee deposited by the Petitioner for original petition may, at the Commission's discretion, be adjusted with the filing fee to be deposited for revised petition within limited time period of 30 days.

3.7 Provide that withdrawal under Sub clause 3.6& return under Sub clause 3.7 above will not adversely affect any provision of the Law being in force.

4: Imposition of Fines and /or Charges

4.1 Subject to the provisions of the Act, the Commission may, while deciding any matter or proceeding pending before the Commission or at any other time, initiate a proceeding for imposition of Fines and/or Charges against any person including generating companies and licensees for non-compliance or violation on their part of the provisions or requirements of the Act or Rules, Regulations or Codes framed under the Act or the directions or orders of the Commission made from time to time.

4.2 While determining the quantum or extent of the Fines and/or Charges to be imposed, the Commission shall consider, amongst other relevant things, the following:

a) The nature and extent of non-compliance or violation.

b) The wrongful gain or unfair advantage derived as a result of the non-compliance or violation.

c) The loss or degree of harassment caused to any person(s) as a result of the non-compliance or violation.

d) The repetitive nature of the non-compliance or violation.

4.3 Before imposing any Fines and/or Charges, the Commission shall give an opportunity to the person upon whom such Fines and/or Charges are proposed to be imposed, to represent against the proposal to impose such Fines and/or Charges and also on the quantum or extent of the Fines and/or Charges proposed to be imposed.

4.4 The Commission shall issue a notice to the person specifying the nature of non-compliance or violation on the person's part and also call upon him to show cause within the time specified in the notice as to why Fines and/or Charges may not be imposed on him for such non-compliance or violation.

4.5 Where while replying to the notice, the person admits non-compliance or violation in writing, the Commission shall record the same and may impose such Fines and/or Charges as it may consider fit in the circumstances of the case, subject to the provisions of the Act. 4.6 If the person to whom a notice has been issued under sub clause 3.3 fails to show cause or denies4 Jharkhand Gazette (Extraordinary), Tuesday, 26th November, 2024 non-compliance with or violation of any provision of the Act or rules or regulations or an order of the Commission, the Commission may enquire into the matter in such manner as it deems fit.

4.7 The Commission may either on being satisfied that no non-compliance or violation of any provision of Act, rules or regulations or an order of the Commission, has been committed, withdraw the notice or in the event enquiry reveals non-compliance or violation for which notice was served, may impose such Fines or charges which are considered appropriate.

5: Payment of Fines and Charges

5.1 The Fines and/or Charges as ordered by the Commission shall be paid within 30 days of the order of the Commission imposing the Fines or Charges or within such extended date as may be allowed by the Commission in such order.

5.2 The Fines and/or Charges shall be payable in the same manner as provided under clause 4.3 of these Regulations.

5.3 If the Fines and/or Charges ordered by the Commission are not paid within the specified time, they shall be recoverable as arrears of land revenue.

6: Fees Payable on License.

6.1 The licensees as well as deemed licensees shall pay the annual fee for the FinancialYear 2023-24 onwards as specified in the Schedule and shall not be required to pay anyinitial license fee.

6.2 In addition to the annual fee, new entrants shall be required to pay initial license fee also.

6.3 All annual fees commencing from the Financial Year 2023-24 shall be paid by 15thApril each year.

6.4 In case of late payment of annual fee, interest will be payable on the delayed amount at the rate of 1 % per month.

7: Inclusion in Tariff

7.1 The licensee shall be entitled to take into account any fee or charge paid by it underthese Regulations as an expense in the determination of tariff.

Provided that any penalty paid under the provisions of the Act and interest paid as perRegulations 6.4 above, shall not be allowed as an expense.

8: Filing of Appeal Under Section 127 of the Act

8.1 Any person aggrieved by the final order made under section 126 of the Act may, within 30 days of the said order, file an appeal before the Appellate Authority, which is the authority prescribed under Sub section (1) of Section 127 of the Electricity Act 2003. General Conditions of Supply Electricity charges for the period in which the meter was not available shall be assessed as per these Regulations.

8.2 The appeal shall be made in the form specified in the Schedule A to these Regulationsand shall be accompanied by a copy of the order of the Assessing officer designatedunder Section 126 of the Act, appealed against.

8.3 The Memorandum of Appeal shall be signed and verified in the manner specified in theSchedule A to these Regulations.

8.4 The appeal shall be accompanied by a fee as per the Fees Schedule given in this Regulations.

8.5 The fee shall be paid by a crossed bank draft or banker cheque in favour of the AppellateAuthority, which is the authority prescribed under Sub section (1) of Section 127 of theElectricity Act 2003, payable at its head quarter.

9: Repeal & Saving

9.1 The Regulations Jharkhand State Electricity Regulatory Commission Jharkhand State Electricity Regulatory Commission (Conduct of Business) Regulations, 2016 published vide notification No. 60 in the Gazette dated 10.01.2017and read with all amendments thereto, as applicable to the subject matter of this regulation are hereby superseded.

9.2 Nothing in these regulations shall bar the Commission from adopting a procedure which is at variance with any of the provisions of these Regulations, if the Commission, in view of the special circumstances of the matters and for reasons to be recorded in writing, deems it necessary or expedient to depart from the procedure specified in the regulations.

9.3 General power to amend: The Commission may at any time and on such terms as it may think fit amend any provision of these Regulations for the purpose of meeting the objectives with which these Regulations have been framed.

9.4 Power to remove difficulties: If any difficulty arises in giving effect to any of the provisions of these Regulations the Commission may, by general or special order, do anything, not being inconsistent with the provisions of the Act, which appears to it to be necessary or expedient for the purpose of removing the difficulties.

(By order of the Commission)

(Rajendra Prasad Nayak)

Secretary

Jharkhand State Electricity Regulatory Commission

Schedule of Fees, Fine and Charges

SCHEDULE-A

MEMORANDUM OF APPEAL

BEFORE THE APPELLATE AUTHORITY UNDER SECTION 127 OF THE

ELECTRICITY ACT, 2003

Appeal against final order (A.F.O.) No. ________of ____________ Between

1. Appellant (Full address of the Consumer including consumer No., Category of service)

AND

2. Respondents (i). Name and address of the Distribution licensee (ii). Name and address of the Assessing officer

Appeal under Section 127 of the Electricity Act 2003

1. Details of Applicant

(a) Full Name of the Applicant:

(b) Full Address of the Applicant:

(c) Name, Designation & Address of the Contact Person:

(d) Contact Telephone Number(s) /Mobile Phone Number:

Fax Number(s):

Email ID:

2. Details of the Distribution Licensee

(a) Name and address of Distribution Licensee:

(b) Name of the concerned Divisional Engineer:

(c) Address of the office of the Divisional Engineer:

3. Details of the Assessing Officer

(a) Name & designation:

(b) Address:

4. Address of the premises inspected under Section 126 of the Electricity Act, 2003:

5. Connected Load/Demand:

6. Particulars of the meter installed:

7. Date of Inspection:

8. Nature of the unauthorized use alleged:

9. Date of the provisional assessment notice:

10. Amount provisionally assessed:

11. Date of filing of objections by the Appellant against provisional assessment:

12. Date of hearing of the objections by the Assessing Officer:

13. Gist of the final order of assessment under Section 126 of the Electricity Act, 2003:

14. Whether any amount assessed paid /deposited relating to the period in issue and if so, the details thereof:

15. Whether the appellant has paid half of the Amount Assessed if so, the details thereof:

16. Whether there was any consent of the Appellant to the final order of assessment:

GROUNDS OF APPEAL

(State the grounds of the appeal with a brief narration of relevant facts and reason(s) why the final order is unsustainable)

3.1 . The disputed amount under appeal is Rs. ____________________and a fee of Rs._________________________is paid by way of Cash / demand Draft bearing No._____________ dated ___________________as per section 127 of the Act read with Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2005 and subsequent amendments, Jharkhand State Electricity Regulatory Commission (Conduct of Business) Regulations, 2024 and subsequent amendments

3.2. The Final order was not passed with the consent of both the parties under Section 127(5) of the Electricity Act 2003.

3.3 The appellant has paid Rs. ___________ being 1/2 (one-half) of the disputed amount by way of Cash / Demand Draft bearing No. _________________ dated ____________to the licensee in accordance with Section 127(2) of the Electricity Act 2003 and subsequent amendments; the proof of payment is enclosed.

Prayer

It is therefore, prayed that______________________________________________________ ___________________________________________________________________________ Signature of the Appellant

VERIFICATION*

I, _______________________ (Name of the Appellant (if individual) or the authorized representative of the Appellant) declare that the facts stated in the above Memorandum of Appeal are true to my knowledge or based on information from ...... and believed by me to be true, no part of the same is false and nothing material has been concealed there from.

Verified at________ on this _________day of ______

Name & Signature of the Appellant

Place:

Date:

* To be affirmed before authorized authority e.g. Notary

Annexure-1: Fee Register

Jharkhand State Electricity Regulatory Commission

1st Floor, Jharkhand State Housing Board (Old Headquarter)

Harmu Housing Colony, Ranchi – 834002

Telephone: 0651 – 3167653

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Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 757-- 50.