Jharkhand Electricity Issues New Regulations 2024 On Fees, Fines And Compliance

The Jharkhand State Electricity Regulatory Commission (JSERC) has introduced new regulations called the Jharkhand State Electricity Regulatory Commission (Fees, Fines & Charges) Regulations, 2024. These regulations will come into effect upon their publication in the Official Gazette and will supersede the previous provisions under the JSERC (Conduct of Business) Regulations, 2016, particularly concerning fees, fines, and charges. The regulations apply throughout the state of Jharkhand.

As per these regulations, every petition, application, or appeal submitted to the Commission must include the specified fees, as outlined in the Schedule of Fees, Fines, and Charges. If there are co-petitioners, they too must pay the same fees as the main petitioner. Payments can be made via bank draft, pay order, or online transfer. For fees exceeding one lakh rupees, payments should be made through electronic transfer to the Commission’s bank account, with details available from the Commission Secretary or the JSERC website. All fees collected will go into the JSERC Fund.

The Commission has set clear rules about non-payment of fees. If the necessary fees are not paid or an insufficient amount is paid, the petitioner will be given 15 days to pay the remaining amount. If the petitioner fails to comply, the Commission may either reject the petition or decide it without a hearing. In cases where the Commission asks a petitioner to file a revised petition, the fee paid for the original petition may, at the Commission’s discretion, be adjusted towards the new filing fee, but this must be done within 30 days.

The Commission also has the authority to impose fines and charges on any individual or organization, including generating companies and licensees, who fail to comply with the Act, its regulations, or any orders issued by the Commission. When determining the amount of fines, the Commission will consider factors such as the nature and extent of the violation, any unfair advantage gained from it, the harm caused to others, and whether the violation is repeated. Before imposing any fines, the Commission will issue a notice, giving the person involved an opportunity to explain or contest the proposed fines. If the individual admits to the violation, the Commission may impose a fine as it sees fit. If the person denies the violation, the Commission will investigate further. If the investigation confirms the violation, the Commission will impose the appropriate fines.

Fines and charges ordered by the Commission must be paid within 30 days, or they will be treated as arrears of land revenue and recoverable accordingly. Licensees are required to pay annual fees starting from the financial year 2023-24, with the fee payable by April 15 of each year. If payment is delayed, an interest of 1% per month will be charged.

While the licensee can claim any fee or charge paid under these regulations as part of their expense when determining tariffs, penalties and interest charges cannot be counted as an expense. If a person is dissatisfied with the final order under Section 126 of the Electricity Act, they can appeal within 30 days to the Appellate Authority.

The new regulations supersede the earlier JSERC (Conduct of Business) Regulations, 2016, and the Commission has the discretion to amend the regulations or adopt procedures as needed, especially if special circumstances require deviations from the established norms.