Mohinder Verma
JAMMU, Oct 31: Rules are imperative for better implementation of legislations as such Legislature confers enough powers on the Government for framing of the same. But the concerned departments don’t make use of such provisions for quite long time thereby creating hurdles in implementation of the laws in letter and in spirit.
Power Development Department is one such wing of the Government which has failed to understand the importance of the Rules that too despite repeated hammering from the Jammu and Kashmir State Electricity Regulatory Commission, which has the mandate to aid and advise the Government in the matters concerning electricity generation, transmission, distribution and supply etc.
As the Central Electricity Act, 2003 is not applicable to Jammu and Kashmir, the State Legislature enacted Jammu and Kashmir Electricity Act in 2010 and the same came into force with effect from April 29, 2010 on its notification in the State Government Gazette following assent of the Governor. This Act was enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and to protect the interests of the consumers and supply of electricity to all areas etc.
Under Section 137 of the Act, enough powers were conferred on the Government to make Rules for carrying out the provisions of the Act. However, despite lapse of five and half years the Power Development Department has not realized the importance of framing the Rules despite the fact that the same act as beacon light for implementation of the legislation in letter and in spirit.
“The non-serious attitude towards framing Rules is notwithstanding the fact that State Electricity Regulatory Commission has hammered the Power Development Department on the subject a number of times during past many years”, official sources told EXCELSIOR.
“Though some exercise was carried out in the recent past but the same didn’t fructify as no seriousness was shown in the same and this led to the Department of Law, Justice and Parliamentary Affairs reverting the matter back to the Power Development Department for framing the Rules in consonance with the provisions of the Legislation”, sources added.
They further said, “what to talk of framing of Rules, the Power Development Department is also non-serious in implementing major provisions of the Act”, adding “several vital aspects of the Legislation have not received due attention during the past over five and half years”.
Under Sections 3, 4 and 5 of the J&K State Electricity Act, 2010, the PDD is required to prepare State Electricity Policy and Tariff Policy for development of power system based on optimal utilization of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy. Moreover, these Sections empower the PDD to prepare State Policy on standalone system for rural areas and non-conventional energy systems and State Policy on electrification and local distribution in rural areas.
However, the Power Development Department has failed to notify the State Electricity Policy, State Electricity Plan, Tariff and Other Policies despite being reprimanded by the State Electricity Regulatory Commission, sources said while disclosing that these Policies are imperative as the Commission in terms of Section 55(i) of the Act is required to be guided by such policies.
Sources further informed that Power Development Department has also failed to establish Consumer Grievances Redressal Forum/Ombudsman under Section 36 of the Act despite the fact that under this Section the department was required to establish the Forum within six months from the commencement of the Act i.e October 2010.
Notification of provision related to safety and electricity supply under Section 47 of the Act and constitution of Co-ordination Forum/District Committee under Section 128 of the Act etc are among other vital aspects of the J&K Electricity Act, 2010 which have not received due attention of the Government during the past over five and half years.
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