In exercise of the powers
conferred on it by sub-sections (r) and (s) of section 181 read with
sub-sections (5) to (7) of section 42 of the Electricity Act, 2003 (36 of 2003)
and all other powers enabling it in this behalf, the Bihar Electricity Regulatory
Commission hereby amends the BERC (Consumer Grievance Redressal Forum,
Electricity Ombudsman and Consumer Advocacy) Regulations, 2017 which was
published in Bihar Gazette No. 993 dated 23rd October, 2017. 1.1 ??These Regulations may be called the
"Bihar Electricity Regulatory Commission (Consumer Grievance Redressal
Forum, Electricity Ombudsman and Consumer Advocacy) (First Amendment)
Regulations, 2019". 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 their 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) Regulation
2.4(a)(i) shall be substituted by the following:- "2.4(a)(i) The First Member
shall be the Chairperson of the Forum. The First Member (Chairperson) should be
a retired Judicial Officer not below the rank of Additional District and
Sessions Judge or a retired Officer of Bihar Administrative Service not below
the rank of District Magistrate/Additional Collector or retired Superintending
Engineer of the licensee or equivalent post. They should have minimum 20 years
of experience. Preference shall be given to the officer having experience of
Judicial/Quasi Judicial work and/or has shown capacity in dealing with problems
relating to Electricity Regulatory matter and familiar with the consumers
affairs service". (ii) Regulation
2.4(a)(iii) shall be substituted by the following:- "The Third Member shall be
Independent Member. The person shall be a representative of a registered
society/NGO/consumer organisation 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". (iii) Regulation
2.8 shall be substituted by the following:- "The maximum age for
appointment to the post of Chairperson and Third Member should be 62 years as
on the last date of receipt of application. The minimum age for Third Member
(Independent Member) shall be 35 years on the last date of receipt of the
applications." (iv) Regulation
2.15 shall be substituted by the following:- "The sitting fees,
honorarium and/or other allowance (collectively "Remuneration")
payable to the Chairperson shall be decided by the licensee with the approval
of the Commission. The Independent Member shall be
entitled for per sitting remuneration of Rs. 2,500/- (Rupees Two Thousand Five
Hundred) only including T.A. for each day of participation in the Forum's
proceedings and work". (v) Regulation
2.42 shall be substituted by the following:- "A complainant, distribution
licensee or any other person who is a party to any proceedings before the Forum
may either appear in person or authorise any person to present his/her case
before the Forum and to do all or any of the acts for the purpose". BIHAR ELECTRICITY REGULATORY COMMISSION
(CONSUMER GRIEVANCE REDRESSAL FORUM, ELECTRICITY OMBUDSMAN AND CONSUMER
ADVOCACY) (FIRST AMENDMENT) REGULATIONS, 2019
PREAMBLE