Section 3 in Bihar Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2006
3. Constitution of the Forum.
(1)Every existing distribution licensee, including the deemed licensee shall not later than two months from the date of publication of these Regulations and any new licensee within six months from the grant of distribution licence, establish a Forum for redressal of grievances of the consumers in accordance with these Regulations.(2)[ Every Distribution Licensee shall establish one or more Forum(s) to be designated as Electricity Consumer Grievance Redressal Forum [hereinafter referred to as 'Forum']. These Forum(s) shall settle the grievance of the consumer within a period of forty five (45) days normally and a maximum period of sixty (60) days from the date of receipt of the complaint by it. Keeping in view the licensed area of supply and concentration of the consumers in a particular area, the Distribution Licensee shall determine places and numbers of Forum(s) to be established.The Distribution Licensee shall clearly state the location and jurisdiction of each Forum in case of more than one Forum and inform the Commission.(3)The Forum shall consist of three Members including Chairperson,(a)(i)One of the three members shall be an independent Member having degree in law who have held the post not below the rank of Additional District Judge having at least 20 years of experience in judicial service and has attained the age of 60 years. Person who has shown capacity in dealing with problems relating to electricity regulatory matters and familiar with the consumers affairs shall be preferred. The independent Member who will be the Chairperson of the Forum shall be nominated by the Commission and appointed by the Licensee;(ii)Second Member shall be person retired from the services of the Distribution Licensee in the grade not below Superintending Engineer having degree in Electrical Engineering or equivalent and have adequate knowledge and a total experience of 20 years with at least 15 years experience in distribution of electricity and have also shown capacity in dealing with problems relating to engineering;(iii)The third Member shall be appointed by the Licensee from amongst the serving officers in the grade not below Senior Executive Engineer or equivalent having total experience of 15 years with at least 7 years service in the grade of Executive Engineer and also 7 years experience in Accounting and/or Revenue and/or Commercial matters;(iv)The Members including Chairperson of the Forum shall be persons of ability, integrity and standing having adequate knowledge in their respective fields. They shall devote their whole time for the Forum's work and not undertake any other part time or honorary work:Provided that when the Chairperson is unable to function due to ailment or any other reason the second Member shall discharge the functions of the Chairperson in his absence.(b)The Distribution Licensee shall propose to the Commission a panel of names of at least three officers for each post of the two Members of the Forum. Details of qualification, experience and background relating to ability, integrity and standing shall be submitted in respect of each officer along with details of pension and last pay drawn by each of them. The Commission shall consider the names proposed by the licensee and after its approval, the licensee shall appoint the Members.(c)The manner of appointment, qualification and experience of the person to be appointed as Member of the Forum and the procedure of dealing with the grievances of the consumers by the Forum and other similar matters would be as per the guidelines specified by the Commission.(4)The Member including Chairperson of the Forum shall be appointed for a term of three years from the date of appointment or till he/she attains the age of 65 years or date of superannuation in case of officer of the Licensee appointed as Member, whichever is earlier. The Members including Chairperson shall not be eligible for re-appointment. The Commission in case of appointment of the Independent Member i.e. Chairperson and the Licensee in case of Members shall initiate process three months before the date of expiry of tenure of present incumbents. In case of unavoidable delay in appointment of Members and Chairperson after expiry of the term of the existing Forum, the existing Forum after completion of its term, subject to provisions of sub-regulation 3(3) shall continue to function for a period of maximum three months, or till the new Members and the Chairperson join their duties, whichever is earlier. The Licensee shall ensure that the working of Forum is not disrupted on account of non-filling up of the posts and the new Forum is made functional within the extended period in any case.] [Substituted by Notification No. 567, dated 11.11.2009.](5)A Member of the Forum shall not be replaced by the licensee during the-tenure of three years, except with the prior approval of the Commission.(6)Notwithstanding anything contained in Regulations 3(3) and 3(4), the Commission may at any time direct the licensee to substitute a Member of the Forum with another person, as per the composition and qualification provided in Regulation 3(3), if in the opinion of the Commission such substitution is necessary for the proper discharge of the functions of the Forum.(7)On occurrence of any vacancy in the Forum [for reason, other than sub-regulation 3(4), the Commission and the Licensee, as the case may be, shall take action] [Substituted 'for any reason, the licensee shall take action' by Notification No. 567, dated 11.11.2009.] to fill up the vacancy within 30 days from the date of occurrence of the vacancy. No act or proceeding of the Forum shall be deemed invalid by reason only of some defect in the constitution of the Forum or by reason of the existence of a vacancy among its Members.(8)The quorum for the Forum meeting shall be two amongst the three Members including chairperson and each Member shall have one vote.(9)The salary or honorarium and other allowances payable to and other terms and conditions of [service of the Members including Chairperson nominated by the Commission] [Substituted 'service of the Members' by Notification No. 567, dated 11.11.2009.] & supporting staff shall be determined by the distribution licensee with the approval by the Commission.(10)The fund, office space, secretarial support and other facilities required by Members for efficient functioning of the Forum shall be provided by the distribution licensee.(11)The headquarters of the Forum(s) shall be at such place(s) as the distribution licensee may specify in accordance with the provisions of Regulation 3(2).(12)The Forum shall have sittings at the headquarters and/or at any other place in the licensee's area as may be decided by the Chairperson depending upon the number of grievances and area of operation.
