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