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State of Bihar - Section

Section 5 in Bihar Electricity Regulatory Commission (Standards of Performance of Distribution Licensee) Regulations, 2006

5. Legal Provision.

- (i) The Commission in pursuance to provisions of Section 57 read with Section 86 (1) (i) of the Act, is specifying these standards for Distribution Licensees in the State of Bihar. The standards of performance specified herein are intended to serve as guidelines for Distribution Licensees to operate their distribution and supply business for providing quality, continuity and reliability of service.
(ii)The sub-section (1) of Section 57 of the Act, stipulates that the Commission after consultation with Licensees and persons likely to be affected shall specify standards of performance of a Licensee or a class of Licensees.
(iii)The sub-section (2) of Section 57 of the Act, provides that if a Licensee fails to meet the standards specified under sub-section (1), without prejudice to any penalty, which may be imposed, or prosecution be initiated, he shall be liable to pay such compensation to a person affected as may be determined by the Appropriate Commission;
Provided that before determination of compensation, the concerned Licensee shall be given reasonable opportunity of being heard.
(iv)Under the provisions of Section 86 (1) (i) of the Act, the Commission is required to specify and enforce standards with respect to quality continuity and reliability of service by the Licensees.
(v)In terms of stipulations made in Section 59 of the Act, provision has been made in Regulation 30(1) for furnishing information with respect to level of performance and quarterly report on performance standards and publication of Annual Report.
(vi)The penal provision for imposition of penalty on the licensee for any shortfall or deviation from overall standards prescribed under Chapter 7 & 8 of the Regulation and non payment of compensation to aggrieved consumer has been made in terms of provisions of Section 142 of the Act.