The B

PUBL

(NO.PATNA 567) PA

BIHAR EL

Bihar Electricity Regula

Electricity

No. BERC-Regulati

referred to as “Commission”

Grievance Redressal Forum

The said Regulations contain

Consumer Grievance Redre

and for appointment of Elect

The Commission co

Draft (Amendment) Regul

comments/suggestions were

State Energy Department. T

and made suitable modificati

In exercise of power

Act, 2003 (Act 36 of 2003)

Rule 7 of Electricity Rules,

2005 and Electricity (Ame

Commission makes the fol

(Consumer Grievance Redre

REGISTE

Bihar Gaze

EXTRA ORDINARY

LISHED BY AUTHORIT

20TH KARTIK (S)

ATNA, WEDNESDAY, 11TH NOVEM

LECTRICITY REGULATORY COMMISSIO

atory Commission (Consumer Grievance Redr

y Ombudsman) (Amendment) Regulations, 20

————

NOTIFICATION

29th October 2009

ion-3/06-02 – Bihar Electricity Regulatory Com

”] notified the Bihar Electricity Regulatory Com

and Electricity Ombudsman) Regulations, 2006

ned the guidelines to the Licensees in the State of

ssal Forum for redressal of grievances of the e

tricity Ombudsman by the Commission.

onsidered it expedient and desirable and accor

lation proposing amendments in the aforesai

sought for from the general public as well as fro

The Commission has considered the comments/s

ions, wherever considered necessary.

rs conferred by the Section 181 read with Section

and all other powers enabling it in that behalf a

2005 notified by Govt. of India vide GSR 379

endment) Rules vide GSR 667(E) dated 26th

llowing amendments in Bihar Electricity Regu

essal Forum and Electricity Ombudsman) Regulat

ERED NO. PT.-40

ette

MBER 2009

ressal Forum and

mmission [hereinafter

mmission (Consumer

6 on 22^nd May, 2006.

f Bihar for setting up

electricity consumers

rdingly formulated a

id Regulations, and

om the Licensee and

suggestions received

n 42 of the Electricity

and in compliance of

9(E) dated 8th June

October 2006, the

ulatory Commission

tions, 2006.

BIHAR GAZETTE (EXTRA) 11TH NOVEMBER 2009

1. Short title, extent and commencement .— (a) These Regulations may be called the

“Bihar Electricity Regulatory Commission (Consumer Grievance Redressal Forum and

Electricity Ombudsman) (Amendment) Regulations, 2009.

(b) These Regulations shall come into force from the date of its publication in the official

gazette.

2. Substitution of new sub-regulation 2(1)(g).— For sub-regulation 2(1)(g) of the

Consumer Grievance Redressal Forum and Electricity Ombudsman Regulations, 2006

[hereinafter referred to as ‘Principal Regulation’],the following sub-regulation shall be

substituted:-

“2(1)(g) Consumer means consumer as defined in Section 2(15) of the Electricity

Act, 2003.”

3. Substitution of new sub-regulation 2(2).— For sub-regulation 2(2) of the Principal

Regulation, the following sub-regulation shall be substituted :-

“2(2)Words and expressions used and not specifically defined in these Regulations

but defined in the Electricity Act, 2003 shall have the meaning assigned to

them in the Act. The other words and expressions used herein but not defined

in these Regulations or in the Act but defined under any law passed by the

Parliament applicable to electricity industry in the State shall have the meaning

assigned to them in such law.”

4. Substitution of new sub-regulation 3(2).— For sub-regulation 3(2) of the Principal

Regulation, the following sub-regulation shall be substituted, namely :–

“3(2) Every Distribution Licensee shall establish one or more Forum(s) to be

designated as Electricity Consumer Grievance Redressal Forum [hereinafter

referred to as ‘Forum’]. These Forum(s) shall settle the grievance of the

consumer within a period of forty five (45) days normally and a maximum

period of sixty (60) days from the date of receipt of the complaint by it.

Keeping in view the licensed area of supply and concentration of the

consumers in a particular area, the Distribution Licensee shall determine places

and numbers of Forum(s) to be established. The Distribution Licensee shall

clearly state the location and jurisdiction of each Forum in case of more than

one Forum and inform the Commission.”

5. Substitution of new sub-regulation 3(3).— For sub-regulation 3(3) of the Principal

Regulation, the following sub-regulation shall be substituted, namely :–

“(3) The Forum shall consist of three Members including Chairperson.

(a) (i) One of the three members shall be an independent Member having

degree in law who have held the post not below the rank of Additional

District Judge having at least 20 years of experience in judicial service

and has attained the age of 60 years. Person who has shown capacity in

dealing with problems relating to electricity regulatory matters and

familiar with the consumers affairs shall be preferred. The independent

Member who will be the Chairperson of the Forum shall be nominated

by the Commission and appointed by the Licensee;

(ii) Second Member shall be person retired from the services of the

Distribution Licensee in the grade not below Superintending Engineer

having degree in Electrical Engineering or equivalent and have adequate

knowledge and a total experience of 20 years with at least 15 years

experience in distribution of electricity and have also shown capacity in

dealing with problems relating to engineering;

(iii) The third Member shall be appointed by the Licensee from amongst the

serving officers in the grade not below Senior Executive Engineer or

equivalent having total experience of 15 years with at least 7 years

service in the grade of Executive Engineer and also 7 years experience in

Accounting and/or Revenue and/or Commercial matters;

BIHAR GAZETTE (EXTRA), 11TH NOVEMBER 2009

(iv) The Members including Chairperson of the Forum shall be persons of

ability, integrity and standing having adequate knowledge in their

respective fields. They shall devote their whole time for the Forum’s

work and not undertake any other part time or honorary work.

Provided that when the Chairperson is unable to function due to ailment or any

other reason the second Member shall discharge the functions of the

Chairperson in his absence.

(b) The Distribution Licensee shall propose to the Commission a panel of names

of at least three officers for each post of the two Members of the Forum.

Details of qualification, experience and background relating to ability,

integrity and standing shall be submitted in respect of each officer along with

details of pension and last pay drawn by each of them. The Commission shall

consider the names proposed by the licensee and after its approval, the

licensee shall appoint the Members.

appointed as Member of the Forum and the procedure of dealing with the

grievances of the consumers by the Forum and other similar matters would be

as per the guidelines specified by the Commission.”

6. Substitution of new sub-regulation 3(4) .—– For sub-regulation 3(4) of the Principal

Regulation, following sub-regulation shall be substituted namely :-

“3(4)

The Member including Chairperson of the Forum shall be appointed for a term of

three years from the date of appointment or till he/she attains the age of 65 years

or date of superannuation in case of officer of the Licensee appointed as Member,

whichever is earlier. The Members including Chairperson shall not be eligible for

re-appointment. The Commission in case of appointment of the Independent

Member i.e. Chairperson and the Licensee in case of Members shall initiate

process three months before the date of expiry of tenure of present incumbents.

In case of unavoidable delay in appointment of Members and Chairperson after

expiry of the term of the existing Forum, the existing Forum after completion of

its term, subject to provisions of sub-regulation 3(3) shall continue to function for

a period of maximum three months, or till the new Members and the Chairperson

join their duties, whichever is earlier. The Licensee shall ensure that the working

of Forum is not disrupted on account of non-filling up of the posts and the new

Forum is made functional within the extended period in any case.”

7. Amendment of sub-regulation 3(7).— In sub-regulation 3(7) of the Principal

Regulation, for the words “for any reason, the licensee shall take action” the words “for reason,

other than sub-regulation 3(4), the Commission and the Licensee, as the case may be, shall take

action” shall be substituted.

8. Amendment of sub-regulation 3(9).— In sub-regulation 3(9) of the Principal

Regulation, for the words “service of the Members” the words “service of the Members including

Chairperson nominated by the Commission” shall be substituted.

9. Amendment of Regulation 5.— In Regulation 5 of the Principal Regulation, for the

words “as defined in Regulation 2(1)(f)” the words “except under sections 126, 135 to 139, 143,

152 and 161 of the Act.” shall be substituted.

10. Amendment of sub-regulation 8(3).— In sub-regulation 8(3) of the Principal

Regulation for the words “within 10 days” the words “within 5 working days” shall be

substituted.

11. Amendment of sub-regulation 8(7).— In sub-regulation 8(7) of the Principal

Regulation, for the words “complaint within a maximum period of 60 days” the words

“complaint normally within a period of 45 days and a maximum period of 60 days” shall be

substituted.

12. Amendment of sub-regulation 9(3).— In sub-regulation 9(3) of the Principal

Regulation, for the words “if it is specified” the words “if it is satisfied” shall be substituted.

⁴

BIHAR GAZETTE (EXTRA) 11TH NOVEMBER 2009

13. Amendment of sub-regulation 17(3) .— In sub-regulation 17(3) clause (e) of the

Principal Regulation, for the words “The person filing” the word “Unless the person filing” shall

be substituted.

14. Amendment of Regulation 18.— In Regulation 18 clause (a) of the Principal

Regulation, for the word “malifide” the word “malafide” shall be substituted.

15. Substitution of new sub-regulation 22(5) .— For sub-regulation 22(5) of the Principal

Regulation, the following sub-regulation shall be substituted, namely :-

“22 (5)The distribution licensee and the consumer shall within one month from the

date of receipt of the award intimate the compliance to the Electricity

Ombudsman.”

16. Insertion of new sub-regulation 22(6).— After sub-regulation 22(5) of the Principal

Regulation, the following sub-regulation shall be inserted, namely :-

“22(6) (a) In case, a Distribution Licensee fails to comply with the orders of the

Forum or, of the Electricity Ombudsman, as the case may be, within 30 days of

the order or within such time as may be granted, the Electricity Ombudsman may

within thirty days of the date of the application of the consumer and, after giving

opportunity to the Distribution Licensee,–

(i) issue necessary direction to ensure compliance of the order; or

(ii) refer the matter to the Commission for initiation of proceeding under section

142 of the Act.

(b) On receiving reference from the Electricity Ombudsman, the Commission

shall pass appropriate order under section 142 of the Act;

(i) after hearing the parties, and

(ii) if considered necessary, after obtaining report from the Electricity

Ombudsman.”

By order of the Commission,

Sd/-Illegible,

Secretary.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 567—571+400—D.T.P.

Website: http://egazette.bih.nic.in