In exercise of the power conferred by the
sub-section (1), clause (r) and (s) of sub-section (2) of section 181 read with
section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers
enabling it in this behalf and in compliance of Rule 15 of Electricity (Rights
of Consumers) Rules, 2020 notified by Govt. of India vide GSR818 (E) dated 31st
December 2020, the Bihar Electricity Regulatory Commission makes the following
amendments in BERC (Consumer Grievance Redressal Forum, Electricity Ombudsman
and Consumer Advocacy) Regulation 2017 and BERC (Consumer Grievance Redressal Forum,
Electricity Ombudsman and Consumer Advocacy)(1st Amendment) Regulation 2019. Short Title and Commencement 1.1 These Regulations may be called the Bihar
Electricity Regulatory Commission (Consumer Grievance Redressal Forum,
Electricity Ombudsman and Consumer Advocacy) (2nd Amendment) Regulations, 2021. 1.2 These Regulations shall be applicable to all
distribution licensees in the "State of Bihar" in their respective
licensed areas. 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. (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.." (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 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."BIHAR ELECTRICITY REGULATORY COMMISSION (CONSUMER GRIEVANCE
REDRESSAL FORUM, ELECTRICITY OMBUDSMAN AND CONSUMER ADVOCACY) (2ND AMENDMENT)
REGULATIONS, 2021
PREAMBLE