The recent move of the Haryana Electricity Regulatory Authority (HERC) demanding back the proposed tariff to the distribution companies has drawn flak from main opposition party, which has called the move ?violative of the Electricity Act 2003?.
Former finance minister, Prof Sampat Singh told FE here on Thursday it was unfortunate that the HERC had decided to demand back the proposed tariff to the distribution companies. He said that the Commission by passing this unlawful order had violated all the rules and regulations and the Electricity Act 2003.
He told FE that the procedure for issuing a tariff order is defined in Section 64 of the Act. The Section 64 (3A and 3B) states that the appropriate Commission shall, within 120 days from receipt of an application under sub- section (1) and after considering all suggestions and objections received from the public (a) issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order (b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this act and the rules and regulations made there under or the provisions of any other law for the time being in force, (c ) provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application.
Unfortunately, the commission while deciding to demand these tariff proposals has quoted sub-section (3) of section 64 of the Electricity act 2003. He said when the Regulatory body gave a public notice for public hearing on tariff revising proposal, over 900 consumers filed their objections with affidavits.
The companies never reverted to the commission on these objections up to the date of public hearing thus losing the third opportunity to put up their reply. Sampat Singh has threatened to take up the case with the Appellate Tribunal for Electricity established under Section 110 of the Electricity Act 2003. He said in his capacity as a consumer, he was sending a memorandum to chairman, Haryana Electricity Regulatory Authority and to the chairman, Appellate Tribunal for Electricity for their intervention.