State Electricity Regulator Commissions beset by vacant posts: Study
The newfangled UDAY power distribution reform plan for states could falter at the regulatory level. The reason being that of the 66 posts in 22 State Electricity Regulatory Commissions (SERCs), 13 are vacant. Three major states — Gujarat, Maharashtra and West Bengal — don’t even have a chairperson.
West Bengal SERC for that matter has become defunct due to lack of quorum as it has only one member on its board. Gujarat SERC was defunct from August to December 2015 as the quorum of board was incomplete. A SERC should have at least three members for it to function, as per the Electricity Act, 2003.
In a study done by Consumer Education Research Society (CERS) based in Ahmedabad, it was also revealed that key posts of members in SERC board are vacant. The post of Member (Technical) is vacant in three states namely Chhattisgarh, Jharkhand and Tamil Nadu. Posts of Member (Finance) are vacant in Assam, Haryana, Jammu & Kashmir, Goa, Punjab, Uttar Pradesh and West Bengal.
The report also highlighted that the post of Member, Technical and Finance, does not meet the stipulated criteria in most of the states as suggested in the Electricity Act. It said only Andhra Pradesh and Jharkhand have Chairpersons from judiciary. Ten Chairpersons are from Indian Administrative Service (IAS) and four from Indian Forest Services (IFS) cadre. Remaining three are Post Graduates – two in science and one in English.
Section 84 of the Electricity Act, 2003 mentions, “The Chairperson and the Members of the State Commission shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or management.” For the post of the Chairperson, the Act suggests appointment from retired or sitting High Court judge
As the provisions of the Act are just guiding principles and not mandatory, most of the states choose to bypass it. In earlier representation to the ministry of power which is drafting amendments to the Electricity Act, CERS also suggested that the government should replace the word “may” with “shall” making it mandatory for state governments to appoint retired or sitting High Court Judge from respective states.
The present Section 84 (2) of Electricity Act states, “Notwithstanding anything contained in Sub-section (1), the State Government may appoint any person as the chairperson from amongst persons who is, or has been, a Judge of a High Court.”
