No. G. 12015/3/09-JERC       

JOINT ELECTRICITY REGULATORY COMMISSION

FOR MANIPUR AND MIZORAM

   AIZAWL: : : MIZORAM

 

D-31, M.G.Road, Upper Khatla

Fax: 0389-2301299

Tel. No. : 0389-2310623

Website: www.jerc.mizoram.gov.in

Email: jerc.mm@gmail

 

                                                   Dated Aizawl, the 29^th July, 2010

O  R  D  E  R

 

                                                                                    Present:

1.    Mr. H. Bihari Singh, Chairperson,

2. Mr. C. Hmingthanzuala, Member.

In the matter of

 

                  The Joint Electricity Regulatory Commission for Manipur and Mizoram (Fees, Fines & Charges) Regulations, 2010.

 

                  The Commission had earlier published draft of the Joint Electricity Regulatory Commission for Manipur and Mizoram (Fees, Fines & Charges) Regulations, 2010 inviting comments/suggestions/objections from the stakeholders through public notice dated 10^th June, 2010.

 

                  No response to the above public notice was received till the last date fixed for submission of comments/suggestions/objections, which was 19^th July, 2010.

 

                  Having considered the draft Regulations carefully, we hereby direct that the Joint Electricity Regulatory Commission for Manipur and Mizoram (Fees, Fines & Charges) Regulations, 2010 as per the notification placed below be published in the Official Gazettes of Manipur and Mizoram.

 

                        We give above direction this 29^th day of July, 2010 and effective from 1^st August, 2010.

 

 

 

 

 

Sd/- C. HMINGTHANZUALA                                                   Sd/- H. BIHARI SINGH

      Member                                                                                 Chairperson

 

 

 

 

           

       

       JOINT ELECTRICITY REGULATORY COMMISSION

       FOR MANIPUR AND MIZORAM

       AIZAWL ::: MIZORAM

 

           N O T I F I C A T I O N

 

No. G. 12015/3/09- JERC, date 29^th July, 2010.  In exercise of the powers conferred under sub section (2) of section 181 of the Electricity Act, 2003 and all powers enabling it in that behalf, the Joint Electricity Regulatory Commission for Manipur & Mizoram hereby makes the following Regulations.

1       Short title, commencement and extent

 

(1)     These Regulations may be called the “Joint Electricity Regulatory Commission for Manipur & Mizoram (Fees, Fines & Charges) Regulations, 2010”.

(2)     These Regulations shall come into force with effect from 1^st August, 2010.

(3)     These Regulations extend to the whole of the States of Manipur and Mizoram and shall apply in relation to all matters falling within the jurisdiction of the Commission.

 

2       Definitions

 

(1)     In these regulations, unless the context otherwise requires:

(i)      “Act” means the Electricity Act, 2003 (36 of 2003).

(ii)     “Commission” means the Joint Electricity Regulatory Commission for     the States of Manipur & Mizoram.

(iii)    “Fees” means fees mentioned in schedule 1.

(iv)    “Fines and/or charges” refers to Fines and/or charges that Commission     is       empowered to impose under the Act.

1. “Fund” means the fund constituted under section 103 of the Electricity Act 2003.

(vi)    “Integrated Utility” means the Mizoram & Manipur Electricity Departments in their present form or the successor entity of the Departments performing one or more of the functions of generation, transmission, distribution and trading after restructuring and/or Corporatisation of the Department(s).

 

(2)     Words or expressions used herein and not defined shall have the meanings respectively assigned to them in the Act and/or JERC for Manipur and Mizoram (Conduct of Business) Regulations, 2010 as the case may be.

 

 

3       Fees

(1)     Every application/petition made to the Commission shall be accompanied by Fees specified in Schedule 1 of these Regulations.

 

(2)     The Fees payable under these Regulations shall be paid by means of bank draft or pay order, drawn in favour of the ‘the Joint Electricity Regulatory Commission for Manipur & Mizoram’, payable at Aizawl, Mizoram or may be paid in cash, in case the amount does not exceed rupees one thousand.

 

1. The Fees received by the Commission under these Regulations shall be deposited in the bank account of the Fund.

 

1. In case of any inconsistency with the rates, specified in any other Regulations made by the Commission, the fees or charges specified in these Regulations shall prevail.

 

4       Penalty/Fines and/or Charges

 

1. Imposition of Penalty, Fines and/or Charges

 

1. Subject to the provisions of the Acts, the Commission may, while deciding any matter or proceeding pending before the Commission or at any other time, initiate a proceeding for imposition of Fines and/or Charges against any person including Integrated Utilities/licensees for non-compliance or violation on their part of the provisions or requirements of the Act or Rules, Regulations or Codes framed under the Act or the directions or orders of the Commission made from time to time.

 

1. While determining the quantum or extent of the Fines and/or Charges to be imposed, the Commission shall consider, amongst other relevant things, the following:

 

1. The nature and extent of non-compliance or violation.
2. The wrongful gain or unfair advantage derived as a result of the non-compliance or violation.
3. The loss or degree of harassment caused to any person(s) as a result of the non-compliance or violation.
4. The repetitive nature of the non-compliance or violation.

 

(c)     Before imposing any Fines and/or Charges, the Commission shall give an opportunity to the person upon whom such Fines and/or Charges are proposed to be imposed, to represent against the proposal to impose such Fines and/or Charges and also on the quantum or extent of the Fines and / or charges proposed to be imposed.

 

1. The Commission shall issue a notice to the person specifying the nature of non- compliance or violation on the person’s part and also all upon him to show cause within the time specified in the notice as to why Fines and/or Charges may not be imposed on him for such non-compliance or violation.

 

(e)     Where in reply to the notice, the person admits non-compliance or violation in writing, the Commission shall record it and may impose such Fines and/or

         Charges as it may consider fit in the circumstances of the case, subject to the 

               provisions of the Act.

 

1. If a person to whom a notice has been issued under sub-section (c) fails to show cause or denies non compliance with or violation of any provision of the Act or Rules or Regulations or an Order of the Commission, the Commission may enquire into the matter in such manner as it deems fit.

 

1. The Commission may on being satisfied that no non-compliance or violation of any provision of Act, Rules or Regulations or an order of the Commission has been committed, discharge the notice.

 

 

1. Procedure for Recovery of Penalty, Fines and / or Charges.

 

(a)     Any Penalty ordered by the Commission under Section 142 and Section146 of the Act or by the adjudicating officer under Section 143 shall be paid within thirty (30) days of the order of the Commission or the adjudicating officer, or within such extended time as may be allowed by the Commission or such adjudicating officer, as the case may be.

 

(b)     The Penalty/Fines and/or Charges shall be payable and the amount shall be deposited in the same manner as provided under Regulations 3(2) and 3(3) of these Regulations.

 

5       Fees payable on the grant of license

 

(1)     All existing/deemed licensees shall pay the annual Fee for the financial year 2010-11 onwards as specified in the schedule 1 and shall not be required to pay any initial license fee.

 

 

(2)     All new entrants shall be required to pay initial license Fee and Annual Fee.

 

 

(3)     All annual Fees commencing from the financial year 2010-11 shall be paid by 15^th April each year. And for the financial year 2010-11 it shall be paid within 3(three) months of the effective date of this Regulation.

 

 

(4)     In case of late payment of annual Fee, interest will be payable on the delayed amount at the rate of 1% per month.

 

 

6       Inclusion in tariff

The licensee shall be entitled to take into account any Fee paid by it under these Regulations as an expense in the determination of tariff.

 

Provided that any Penalty/Fines and/or Charges paid under the provisions of the Act shall not be allowed as an expense in the determination of tariff.

 

7       Power to amend

The Commission may, at any time, vary, alter, modify or amend any of the provisions of these Regulations by an order to be made by the Commission.

 

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, direct the licensee to take suitable action, not inconsistent with the provisions of the Act, as may appear necessary for removing the difficulty.

 

9     Repeal and Saving-

 

1. Save as otherwise provided in these Regulations, the Joint Electricity Regulatory Commission for the States of Manipur & Mizoram (Fees, Fines & Charges) Regulations 2009 is hereby repealed.

 

(2)     Notwithstanding such repeal, all proceedings and actions taken and orders passed by the Commission or by any authority or Committee under the Regulations or the Orders so repealed, exercising or purporting to exercise jurisdiction under such Regulations or Orders shall be deemed to be as good and valid in law as if it has been so taken and made under the relevant provisions of this Regulations or the Order, as the case may be.

 

 

 

 

 

 

 

 

    By Order of the Commission,

 

 

 

Sd/-RICHARD ZOTHANKIMA

Assistant Secretary,

Joint Electricity Regulatory Commission

For Manipur and Mizoram

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*** The Electricity Department may furnish the prevaling