Joint Electricity Regulatory Commission For Ut Of & Kashmir And Ut Of Ladakh (Fees, Fines And Charges) Regulations, 2023

[03rd January 2023]

Whereas, in exercise of powers conferred under sub-section 5 of Section 83 of the Electricity Act 2003 (No. 36 of 2003), the Central Government has constituted a Joint Electricity Regulatory Commission for the Union Territories of Jammu & Kashmir and Ladakh vide S.O. No 1984(E) dated 18.06.2020 and the same started functioning w.e.f. 28.08.2020.

Whereas, in exercise of the powers conferred by clause (g) of sub-Section (1) of Section 86 read with Section 181 of the Electricity Act, 2003 (No 36 of 2003) and all other powers enabling the Commission in this behalf and after previous publication, the Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh hereby makes the following Regulations, namely.

Regulation - 1. Short Title, Commencement and Extent

1.1.

These Regulations shall be called the Joint Electricity Regulatory Commission for UT of & Kashmir and UT of Ladakh (Fees, Fines and Charges) Regulations, 2023.

1.2.

These Regulations shall come into force from the date of their publication in official Gazette.

1.3.

These regulations shall extend to the UT of Jammu & Kashmir and UT of Ladakh.

Regulation - 2. Definitions

2.1.

In these Regulations, unless the context otherwise requires:

(a)      "Act" means the Electricity Act, 2003 (36 of 2003), as amended from time to time;

(b)      "Commission" means the Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh;

(c)      "Fees" means fees mentioned in the Schedule;

(d)      "Fines and/or Charges" refers to fines and/or charges that the Commission is empowered to impose under the Act;

(e)      "Generating Company" shall have the meaning ascribed to it under the Electricity Act;

(f)       "Grid" means the high voltage backbone system of inter-connected transmission lines, substations and generating plants;

(g)      "Licensees" mean licensees under the Act;

(h)     "Proceedings" means and include proceedings of all nature that the Commission may hold in the discharge of its functions under the Act;

(i)       "Regulations" mean the Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh (Fees, Fines and Charges) Regulations, 2023.

(j)       "Schedule" refers to the schedule appended to these Regulations for UT of Jammu & Kashmir and UT of Ladakh.

(k)      "Secretary" means the Secretary of the Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh.

2.2.

Words or expressions used and not defined in these Regulations shall have the meanings assigned to them in the Act, or the Rules or other Regulations framed thereunder.

Regulation - 3. Fees or Charges on Applications and Petitions

3.1.

Every Application, petition or compliant made to the Commission shall be accompanied by the Fees or Charges specified in the Schedule appended to these Regulations.

3.2.

The Fees or Charges specified in these Regulations shall be paid by means of preferably by electronic means (such as through Real Time Gross Settlement or National Electronic Funds Transfer); or Bank Draft or Pay Order drawn in favour of Joint Electricity Regulatory Commission for UT of Jammu & Kashmir and UT of Ladakh; payable at Jammu or in cash for amounts not exceeding One Thousand Rupees.

3.3.

The fees received by the Secretary of the Commission under these regulations shall be deposited in a bank account to be maintained by the Commission at such Bank and in such Branches as the Commission may direct from time to time.

3.4.

No Fee will be payable for fresh Applications in matters which the Commission had earlier disposed of with liberty to the Applicant to approach the Commission after the decision of the concerned higher Court or Tribunal.

Regulation - 4. Licence Fees or Fees Payable on Licence

4.1.

The Commission may while granting a licence or an exemption to undertake the business of transmission or supply of electricity including bulk supply of electricity or any other order granting any privilege to any person may levy and collect the fee payable in accordance with provisions of the Act and these or any other regulations issued by the Commission, at the time of the grant of licence or privilege and thereafter on an annual or such periodic basis as the Commission may specify in the order granting licence or privilege or in a separate order that may be passed by the Commission.

4.2.

The existing licensees shall pay the annual fee as specified in the Schedule to these Regulations.

Provided that, for payment of the annual Licence fee by the existing licensee, the Commission shall issue a separate order about applicable date.

4.3.

All annual licence fees shall be paid by 30th June of each financial year.

4.4.

In case of late payment of annual fee, Simple interest will be payable on the delayed amount at the rate of 1% per month.

4.5.

The fees shall be payable and the amount shall be deposited in the same manner as specified in Regulation 3.3 above.

Regulation - 5. Imposition of Fines and Charges

5.1.

The Commission may initiate a proceeding for imposition of fines and charges and award of compensation upon receiving from the person affected a complaint or on its own if the Commission is of the view that the facts made known prima-facie constitute non-compliance or violation by a generating company, a licensee or other person of any provision or requirement of the Act or of any of the rules or regulations framed there under or of directions or orders of the Commission.

5.2.

If the Commission decides on the basis of the information received that there is a prima-facie cause to proceed in the matter, a case shall be registered and notice shall be issued to the person who is responsible for non-compliance or violation under sub-regulation (5.1) above to show cause within 30 Days, as indicated in the notice, to appear before the Commission in person or through his authorized representative to explain as to why the Commission should not impose the fines or charges on him. The notice shall state the substance of the allegation against such person with specific reference to the alleged non-compliance or violation.

5.3.

On the date fixed in the notice for appearance, the Commission shall explain to the person who is prima-facie responsible for non-compliance or violation or his authorized representative, the non-compliance or violation alleged to have been committed by such person.

5.4.

Where the person who is responsible for non-compliance or violation appears in response to the notice and admits the truth of the allegation by a memorandum in writing, the Commission shall record the response and may impose fines and charges at its discretion in accordance with the provisions of the Act and the Regulations framed by the Commission for the purpose and may also award compensation to the affected person(s).

5.5.

Where the person who is responsible for non-compliance or violation on appearance does not admit the alleged violation or non-compliance and demands a hearing, the Commission shall proceed to hear the case in accordance with the provisions of the Act and the Regulations.

5.6.

If any person to whom a notice has been issued fails without reasonable cause to appear before the Commission on the date fixed for hearing or any subsequent date to which the proceeding may have been adjourned, the Commission may at its discretion proceed with the case ex parte in the absence of such person.

5.7.

The Commission shall proceed to hear the complainant and take all such evidence, oral or documentary, or by way of affidavit, as may be produced in support of the case and take all such evidence as may be produced by the person who is responsible for non-compliance or violation in his defence. Where the proceeding has been initiated upon information received by the Commission, it may direct any of its officers to act as complainant in the matter and present the evidence in the case.

5.8.

The Commission, at any stage of the proceeding, shall have the power to summon and enforce the attendance of any person who appears to be acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the Commission appears to be material or relevant to the subject matter of the proceeding.

5.9.

While determining the quantum of fines or charges, the Commission shall, inter-alia, consider the following factors:

(i)       The nature and extent of non-compliance or violation;

(ii)      Wrongful gain or unfair advantage derived as a result of the non-compliance or violation;

(iii)     Loss or degree of harassment caused to any person(s) as a result of the noncompliance or violation; and

(iv)    The repetitive nature of the non-compliance or violation.

Regulation - 6. Process for Levy and Recovery of Fines and Charges

6.1.

If on the conclusion of any proceeding, the Commission is satisfied that any person is liable to fines or charges, it may by order in writing impose such fines or charges in accordance with the provisions of the Act and the Regulations specified for the purpose and may also award compensation.

6.2.

While passing an order under this regulation, the Commission may award compensation to the complainant or affected party to be paid by the person found to have committed the noncompliance or violation.

6.3.

The Fines and/or Charges as ordered by the Commission shall be paid within 30 days of the order of the Commission imposing the Fines or Charges or within such extended date as may be allowed by the Commission in such order.

6.4.

The Fines and/or Charges shall be payable in the same manner as provided under sub clause (3.2) of clause 3 of these Regulations.

Regulation - 7. Power to amend

The Commission may, at any time, vary, alter, modify or amend any provisions of these Regulations.

Regulation - 8. Power to remove difficulties

If any difficulty arises in giving effect to the provisions of these Regulations, the Commission may, by general or specific order, make such provisions not inconsistent with the provisions of the Act as may appear to it to be necessary for removing the difficulty.

SCHEDULE 1

SCHEDULE OF FEES & CHARGES