In the exercise of powers under Section 127 1 read with Section 181 2 zo of the Electricity Act, 2003, the Joint Electricity Regulatory Commission

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 775] NEW DELHI, THURSDAY , NOVEMBER 23 , 2023/ AGRAHAYANA 2, 1945 CG-JK-E-25112023-250276 क्रक…………………………………………………………………………………………………………..… ………………………………………………………………………………………………………………… …………………………………………………………………………………………………………. ......... ............................................... 4. ________________________________ ___ 5. ___________________________________ JOINT ELECTRICITY REGULATORY COMMISSION (For the UT of J&K and the U T of Ladakh ) NOTIFICATION Jammu, the 10 th November , 2023 No. JERC -JKL/Reg/2023/15 —In the exercise of powers under Section 127 (1) read with Section 181 (2) (zo) of the Electricity Act, 2003, the Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and the UT of Ladakh hereby makes the following Regulations providing for procedure for filing appeal before the Appellate Authority from t he final order passed by the Assessing Officer under Section 126 of the said Act: —. 1. Short Title and Commencement: (1) These regulations may be called The Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and the UT of Ladakh (Procedure for filing Appeal before the Appellate Authority) Regulations, 2023. (2) These Regulations shall be applicable to the Distribution Licensees in their respective areas of supply in the whole of the UT of Jammu & Kashmir and the UT of Ladakh. (3) These regulations shal l come into force from the date of their publication in the Official Gazette. 2. Definitions In these regulations, unless the context otherwise requires: — a) “Act” means the Electricity Act, 2003 (36 of 2003); b) “Appellate Authority” means the authority notifie d under sub -section (1) of Section 127 read with Section 176 (2) (u) of the Act; c) “Assessing Officer” means the assessing officer appointed under Section 126 of the Act; d) “Commission” means the Joint Electricity Regulatory Commission for the UT of Jammu & Ka shmir and the UT of Ladakh. e) “Licensee” means a Distribution Licensee authorized to operate and maintain a distribution system and supply electricity to consumers in the concerned area of supply; f) “Officer” means an Officer of the Commission; g) “Regulations” means the Joint Electricity Regulatory Commission for the UT of Jammu & Kashmir and the UT of Ladakh (Procedure for filing Appeal before the Appellate Authority) Regulations, 2023; and h) Words and expressions used and not defined in these regulations but def ined in the Act shall have the meanings assigned to them in the Act. Expressions used herein but not specifically defined in these regulations or in the Acts but defined under any law passed by a competent legislature and applicable to the electricity indu stry in the state/UT shall have the meaning assigned to them in such law. 3. Filing of appeal: (1) Any person aggrieved by a final order made by an assessing officer under Section 126 of the Act, may within 30 days of the order, file an appeal before the Appellat e Authority. (2) No appeal against the final order of assessment under (1) above shall be entertained unless the aggrieved consumer/person deposits one —third of the amount under (1) by the way of cash or bank draft above with the licensee, documentary evidence and encloses receipt of such deposit has been enclosed along with the appeal. (3) The appeal shall be made in the form specified in the Schedule. (4) The memorandum of appeal shall be signed and verified in the manner specified in the Schedule. (5) The Memorandum of Appeal shall be accompanied by the following fee: Amount Assessed Fee Up-to Rs. 1 lakh 1% of the assessed amount subject to a minimum of Rs. 250 (two hundred and fifty only) Above Rs. 1 Lakh 0.75% of the assessed amount subject to a minimum of Rs. 1000 (one thousand only) (6) The fee shall be paid by a crossed bank draft or banker cheque in favour of the Appellate Authority may direct. (7) As far as may be practicable the Appellate Authority shall pass an order within 120 days from the date of filing an appeal . 4. Miscellaneous: (1) Subject to the provisions of the Electricity Act, 2003 and these regulations, the Commission may, from time to time, issue orders and directions in regard to the implementation of these Regulations and procedures to be followed on various matters, which the Commission has been empowered by these Regulations to direct and matters incidental or ancillary thereto. (2) The Commission may, at any time, add, vary, alter, modify, or amend any of the provisions of these Regulations. (3) If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, do anything not being inconsistent with the provisions of the Act, which appears to be necessary or expedient for the purpose of removin g the difficulties. By order of the Commission. V. K. DHAR, (JKAS) Secy ., JERC [ADVT. -III/4/Exty./55 7/2023 -24] SCHEDULE APPEAL BEFORE THE APPELLATE AUTHORITY UNDER SECTION 127(1) OF THE ELECTRICITY ACT, 2003 Appeal against final order under section 126 Appeal against final order of____________________________ Vide No. ____________of 202_____ (Name and address of the Consumer including Consumer No.& Consumer category) Appellant AND 1. (Name and address of the Assessing Officer including designati on) 2. (Name and address of the licensee) Respondents Appeal under Section 127 of the Electricity Act, 2003 3. Details of Appellant a. Full Name of the Appellant : b. Full Address of the Appellant : c. Name, Designation & Address : of the Contact Person d. Contact Telep hone Numbers Fax Number(s) Email -Id Service No. Category of Service 4. Details of the Distribution Licensee a. Name of the concerned Divisional Engineer/ Section Officer b. Address of the office of the Divisional Engineer/ Service Officer 5. Details of the Assessing O fficer a. Name b. Designation c. Address of the Office . 6. Address of the premises concerned 7. Contracted Load/Sanctioned Load 8. Connected Load (as per inspection report) 9. Particulars of the meter installed 10. Date of Inspection (Copy of the inspection report to be enclosed) 11. Name and address of the Inspecting Officer 12. Date of the provisional assessment 13. Amount provisionally assessed 14. Date of the representation by the Appellant against provisional assessment 15. Date of the hearing of the representation by the Assessing Officer and d ate of the final order. (True copy of the final order is to be enclosed) 16. Nature of the unauthorized use alleged 17. Gist of the decision of the assessing officer 18. Whether any amount assessed paid/deposited relating to the period in issue and if so the details t hereof 19. Whether the appellant has paid one -half of the disputed amount and if so the details thereof 20. Grounds of Challenge 21. (State the grounds of the case on which the appeal is filed and the reason(s) why the final order is unsustainable) 22. Details of Fees PRAYER It is, therefore, prayed that …………………………………………………………………………………………… ……………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………….................. Name and Signature of the Appellant VERIFICATION I, (Name of appellant in f ull and block letters) son/daughter/wife of_____________ solemnly declare that the facts stated in the above Memorandum of Appeal are true to my knowledge (or based on information from ... .... and believed by me to be true); no part of the same is false a nd nothing material has been concealed therefrom and I believe it to be correct and verified and signed at_______________________ on _______________________. Place: Name and signature of the Appellant Date: LIST OF ENCLOSURES: - 1. True copy of the order of the Assessing officer. 2. Reference of disposition of fee. 3. Reference of deposition of 1/3rd amount of the assessed amount. 4._____________________________________ 5._____________________________ __________ Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.