EX
PUBLI
(NO.PATNA 35) PATN
Biha
VidyutBh
No. BERC-Case N
conferred by the sub-se
section 181 read with s
and all other powers en
15 of Electricity (Rights
India vide GSR818 (E)
Regulatory Commission
(Consumer Grievance
Consumer Advocacy) R
Redressal Forum, Elect
Amendment) Regulation
1. SHORT
TITLE,
INTERPRETATIONS
Short Title and Com
1.1 These Regulatio
Commission (Co
Ombudsman
Regulations, 202
1.2 These Regulation
in the "State of B
REGISTERED
XTRA ORDINARY
SHED BY AUTHORITY
5 MAGHA 1943(S)
NA, TUESDAY, 25TH JANUARY 2022
r Electricity Regulatory Commission
hawan-II, J.L. Nehru Marg, Patna 800 021
&&&&
NOTIFICATION
The 17th November 2021
No.-SMP-06/2021-02---In exercise of
ection (1), clause (r) and (s) of sub-sec
ection 42 of the Electricity Act, 2003 (3
nabling it in this behalf and in complian
s of Consumers) Rules, 2020 notified b
dated 31st December 2020, the Bihar
n makes the following amendments
Redressal Forum, Electricity Ombud
Regulation 2017 and BERC (Consumer
tricity Ombudsman and Consumer Ad
n 2019.
COMMENCEMENT,
DEFINITION
S
mmencement
ns may be called the Bihar Electricity
onsumer Grievance Redressal Forum,
and
Consumer
Advocacy)(2nd
Am
21.
ns shall be applicable to all distribution
Bihar" in their respective licensed areas
NO. PT.-40
2
the power
ction (2) of
36 of 2003)
nce of Rule
by Govt. of
Electricity
in BERC
dsman and
Grievance
dvocacy)(1st
NS
AND
Regulatory
Electricity
mendment)
n licensees
s.
2
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
1.3 These Regulations shall come into force from the date of
notification in the Official Gazette.
1.4 These Regulations shall be construed harmoniously with the
standards of performance of the distribution licensees and the
Electricity Supply Code specified by the Commission under the
provisions of Clauses (x) and (za) of sub-section (2) of section 181
of the Act. In case of any inconsistency with these Regulations,
the standards of performance of the distribution licensees and
the Electricity Supply Code shall prevail.
2. Amendment in Regulation 2 of the Principle Regulation:
(i)
The Regulation 2.2 of the Principle Regulation Shall be
substituted as under:
“The distribution licensee shall establish Consumer
Grievance Redressal Forum (CGRF) under sub-section
(5) of section 42 of the Act at different levels to cater
the needs of the sub division, division, circle, zone,
company level.
However, the licensee should make an endeavor
to establish at least one Forum in each Supply Circle
which may further extend to district level, as and when
needed.
The Forum may be assigned different types of
grievances depending on the nature of the grievance
and the level at which it can be best resolved.”
(ii) The Regulation 2.4 (a) (i) of the Principle Regulations shall be
substituted as under:
"The Forum shall be headed by an officer of licensee of
appropriate seniority not below the rank of Electrical Executive
Engineer (EEE) or equivalent. The Forum shall consist of serving
officers of the licensee, except Independent Member, and shall
have not more than three Members as consumers and prosumer
representatives. The senior most Member appointed by licensee
shall be the Chairperson of the Forum. Preference shall be given
to the officer having experience in dealing with problems of
consumers relating to Electricity matters and familiar with
the consumers affairs service."
Licensee shall ensure that officers appointed as members are of
different discipline to meet rational behind appointment of two
officers of Licensee."
(iii) The Regulation 2.4 (a)(ii) of the Principle Regulations shall be
substituted as under:
“The second Member shall be appointed by the licensee from
amongst the serving officers of the licensee not below the rank
of Electrical Executive Engineer or equivalent of appropriate
seniority having at least three years experience in the field of
electricity supply, distribution or accounts/finance and shall
have requisite knowledge of Electricity Act/Regulation and
consumer affairs.."
3
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
(iv) The Regulation 2.4 (a)(iii) of the Principle Regulations shall be
substituted as under:
"The Third Member shall be an Independent Member. The
person shall be a representative of a registered society/
NGO/ consumer organization having one of its main
objectives as consumer protection with at least 5 years of
standing or alternatively the representing member should
have five years of experience in consumer-related matters
or a person of stature and repute having at least five years
exposure and experience of consumer affair and the minimum
qualification shall be graduate in any discipline from a
recognized university.
Provided that, a person applying for the post of
Independent Member of the Forum shall not have been
in the employment in any capacity under, or agency of, the
Distribution Licensee for a minimum period of three (3) years
prior to being appointed Independent Member of the Forum."
(v) The Regulation 2.4 (a) (iv) of the Principle Regulations shall
be substituted as under:
"The Independent Member (Third Member) shall be selected
through proper advertisement in Press and on the Website &
Notice Board of the Commission and the licensee.”
(vi) The Regulation 2.4 (a) (v) of the Principle Regulations shall be
substituted as under:
"The Independent Member (Third Member) of the Forum shall
be nominated by the Commission. The process of the
appointment of the Independent Member (Third Member) of the
Forum shall be initiated by the Commission.”
(vii) The Regulation 2.5 of the Principle Regulations shall be
substituted asunder:
"The Distribution Licensee shall propose to the Commission a
panel of names of at least three officers for each post of the
First and Second Member of the Forum as provided in
Regulation 2.4(a) (i) & 2.4(a) (ii). Details of qualification,
experience and background relating to ability, integrity and
standing shall be submitted in respect of each officer. The
Commission shall consider the names proposed by the
licensee and after its approval, the licensee shall appoint both
the Members.”
(viii) The Regulation 2.6 of the Principle Regulations shall be
substituted asunder:
"Every member of the Forum shall hold office for a fixed term
of three years, from the date of appointment or till he/she
attains the age of 60 years or date of superannuation of
serving officer of the licensee appointed as First and Second
Member, whichever is earlier.
The Licensee in case of appointment of the Members of
Forum shall initiate selection process three months before the
4
BIHAR GAZETTE (EXTRA) 25TH JANUARY 2022
date of expiry of tenure of present Members. 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, may continue to
function for a period of maximum three months, or till the new
Members and the Chairperson join their duties, whichever is
earlier subject to the prior approval of the Commission.
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. 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.”
(ix) The Regulation 2.8 of the Principle Regulations shall be
substituted asunder:
"The minimum age for appointment to the post of
Independent Member (Third Member) shall be 35 years as on
the last date of receipt of application.”
(x) The Regulation 2.10 of the Principle Regulations shall be
substituted as under:
"The Independent Member (Third Member) of the
Forum shall be whole-time Member. He shall not
undertake any other part-time or honorary work."
(xi) The Regulation 2.15 of the Principle Regulations shall be
substituted as under:
"The sitting fees, honorarium and/or other allowances
(collectively “Remuneration”) payable to the Independent
Member (Third Member) will be Rs. 45,000/- month by the
licensee with the approval of the Commission.”
(xii) The Regulation 2.16 of the Principle Regulations shall be
substituted as under:
"The terms and conditions of service of a member of the Forum
who is in the employment of the licensee shall be governed by
the terms and conditions of his/her employment with such a
licensee. Thus, the Chairman and the Second Member shall
continue to draw the same salary as he/ she is entitled to as
a regular employee of the licensee.”
By order of the Commission,
Sd./Illegible,
Secretary.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 35—571+10—Egazette
Website: http://egazette.bih.nic.in