ప్రతి దేశ ప్రజాస్వామ్య ప్రభుత్వాలు తమ ప్రజల అభ్యున్నతి కొరకు వివిధ అభివృధ్ది పథకాలను ప్రకటించడం సహజం. అందులో వ్యక్తిగత అభివృధ్దికి ఉద్దేశించినవి మరియు సామాజికాభివృధ్దికి ఉద్దేశించినవి అనే రెండు రకాల పథకాలు ఉంటాయి. అలాగే మన దేశములో కూడా మన కేంద్ర ప్రభుత్వము దేశ పౌరుల అభివృద్ధి కొరకు, కూడా వివిధ రకాల పథకాలను ప్రకటించి వాటిని అమలు చేయుచున్నది. అందులో ప్రజలకు కావలిసిన మౌళిక వసతుల కల్పన కొరకు బాద్యత వహించు స్థానిక ప్రభుత్వాలు అయిన పంచాయతీలకు, కావలసిన నిధులను సమకూర్చుట కొరకు కేంద్ర ప్రభుత్వము ప్రకటించి అమలు చేయుచున్నపథకము వేరే “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్”.
ఈ పథకము అమలుకు కావల్సిన నిధులను 60% కేంద్రం, 40% రాష్ట్రాలు భరించాలని నిబందన. అదే ఈశాన్య రాష్ట్రాలకు మాత్రం కేంద్ర రాష్ట్రాల వాటాల నిష్పత్తి 90% మరియు 10%. ఈ పథకములో నిధులను రెండు విడతలుగా కేంద్రం విడుదల చేస్తుంది. కేంద్రం విడుదల చేసిన నిధులకు రాష్ట్ర వాటాగా 40%, ఈశాన్య రాష్ట్రాలయితే 10% నిధులను కలిపి ఈ పథకం అమలు చేయాల్సి ఉంటుంది. రాష్ట్ర వాటాగా నిధులను కేటాయించని రాష్ట్రాలకు రెండవ విడత నిధులను కేంద్రం విడదల చేయదు.
ఈ పథకములో రెండు బాగాలు ఉన్నాయి.
గ్రామాలలో మౌళిక వసతుల కల్పన. ( పంచాయతి కార్యాలయము ఏర్పాటు చేయుటకు తగిన వసతి లేనియెడల నూతన భవన నిర్మాణము, భవన మరమ్మత్తులు మరియు అంతర్జాల సేవలు అందించటకు కావల్సిన సంఘణకాలు (కంప్యూటర్ తదితర పరికరాలు) సమకూర్చడం.
స్థానిక ప్రభుత్వాలకు ఎన్నికైన ప్రజా ప్రతినిధులకు మరియు అందులో పనిచేయుచున్న ఉద్యోగులకు సామర్థ్య పెంపుదలకు కావల్సిన శిక్షణ అందించడం. ఇందులో అతిముఖ్యమైనదేమిటీ అంటే, స్థానిక ప్రభుత్వాలకు ఎన్నికైన ప్రజా ప్రతినిధులందరికీ ఆరు నెలల లోగా పంచాయితీ పరిపాలన విధానాల గురించి, ప్రాథమిక శిక్షణ అందించడం మరియు రెండు సంవత్సరాలకు పరిపాలనలో తమకు ఎదురైన సమస్యల పరిష్కార విధానాలపై పునఃఛ్ఛరణ(రిఫ్రెషర్) శిక్షణ అందించడం.
వాస్తవంగా ఈ పథకము గత దశాబ్ద కాలంగా అమలవుతున్న పథకమే అయినప్పటికి దీనిని 2016-17లో “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్” గా పేరు మార్చి 31 మార్చి 2022 వరకు అమలు చేయాలి అసకున్న అనుకున్న కేంద్రం, దీని ద్వార వస్తున్న సత్ఫలితాలను చూసి మరి కొంత కాలం అనగా 31 మార్చి 2026 వరకు పొడగించడం అభినందనీయము.
ఈ పథకము యొక్క ముఖ్య ఉద్దేశము
సుస్థిర అభివృద్ధి లక్ష్యాలను సాదించడానికి పంచాయతీరాజ్ సంస్థల యొక్క పాలనా సామర్థ్యాలను అభివృద్ధి చేయడం.
అందుబాటులో ఉన్న వనరులను సముచితంగా వినియోగించుకోవడంపై దృష్టి సారించి, సమ్మిళిత స్థానిక పాలన కోసం పంచాయతీల సామర్థ్యాలను మెరుగుపరచడం.
జాతీయ ప్రాముఖ్యత కలిగిన సమస్యలను పరిష్కరించడానికి ఇతర పథకాలతో సమన్వయం చేయడం.
పంచాయితీలు తమ స్వంత ఆదాయ వనరులను పెంచుకునే సామర్థ్యాలను పెంపొందించుకోవడం కొరకు తగిన అవగాహన కల్పించడం.
పంచాయతీ వ్యవస్థలో ప్రజల భాగస్వామ్యం, పారదర్శకత మరియు జవాబుదారీతనం పెంపొందించడానికి గల ప్రాథమిక వేదికగా ఉన్న ఒకే ఒక వేదికైన గ్రామసభలను సమర్థవంతంగా పనిచేయడానికి బలోపేతం చేయడం.
రాజ్యాంగం మరియు PESA చట్టం 1996 స్ఫూర్తి ప్రకారం పంచాయతీలకు అధికారాలు మరియు బాధ్యతల వికేంద్రీకరణను ప్రోత్సహించడం.
పంచాయతీరాజ్ సంస్థల కోసం సామర్థ్య పెంపు కొరకు తగిన శిక్షణ అందించడానికి మరియు సముచిత సలహాలను అందించడానికి (హ్యాండ్‌హోల్డింగ్‌కు) మద్దతు ఇవ్వడానికి అత్యుత్తమ సంస్థల సమాహారముల (నెట్‌వర్క్)ను అభివృద్ధి చేయడం.
వివిధ స్థాయిలలో పంచాయతీరాజ్ సంస్థల సామర్థ్యాన్ని పెంపొందించడానికి సంస్థలను బలోపేతం చేయడం మరియు వాటిని తగిన నాణ్యతా ప్రమాణాలను సాధించేలా చేయడం.
మౌలిక సదుపాయాలు, సౌకర్యాలు, మానవ వనరులు మరియు ఫలితాల ఆధారిత శిక్షణ.
పరిపాలనా సామర్థ్యం మరియు మెరుగైన సర్వీస్ డెలివరీ కోసం పంచాయితీలలో సుపరిపాలనను ప్రారంభించడానికి ఇ-గవర్నెన్స్ మరియు ఇతర సాంకేతిక ఆధారిత పరిష్కారాలను ప్రోత్సహించడం.
పనితీరు ఆధారంగా పంచాయతీరాజ్ సంస్థల ను గుర్తించి, ప్రోత్సహించడం.
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గత సంవత్సరము పార్లమెంట్ సభ్యులు అడిగిన ప్రశ్నకు సమాదానము గా కేంద్ర పంచాయతీరాజ్ సహాయ మంత్రి శ్రీ కపిల్ మోరేశ్వర్ పాటిల్ గారు రాష్ట్రాలకు మరియు కేంద్ర పాలిత ప్రాంతాలకు గత మూడు సంవత్సరాలకు అనగా 2018-19 నుండి 2020-21 వరకు కేంద్రము విడుదల చేసిన వివరాలను తెలియ చేసారు. దాని ప్రకారము అన్నిటి కన్నా ఎక్కువగా ఉత్తర్ ప్రదేశ్ కు రూ. 259.6001 కోట్లు, దాని తరువాత స్థానంలోమధ్య ప్రదేశ్ కు రూ. 219.69 కోట్లు విడుదల కాగ, దాద్రా&నగర్ హవేలి, డామన్&డయ్యు, గోవా, గుజరాత్, లక్షద్వీప్, పుదుచ్చేరి లాంటి వాటికి ఒక రూపాయి కూడ విడుదల కాలేదు. తెలుగు రాష్ట్రాలైన ఆంధ్ర ప్రదేశ్ కు రూ. 90.029 కోట్లు తెలంగాణ కు 12 కోట్లు మాత్రమే గత మూడు సంవత్సరాలలో నిధులు విడుదల చేయడం జరిగింది.
కేంద్ర నిధుల విడుదల సరళిని గమనిస్తే, ఈ పథకమును అమలు చేయటకు చొరవ చూపి, కేంద్ర నిధుల (60%) తో పాటు తమ రాష్ట్ర వాటా (40%) నిధులను విడుదల చేయడం ద్వార దేశములోని పలు రాష్ట్రాలలోని, చాలా పంచాయతీలు మౌళిక వసతుల కల్పన వరంగా గాని అధునాతనమైన సాంకేతిక పద్ధతులలో సేవలు అందించడంలో చాలా అభివృద్ధిని సాదించాయి. అలాగే తమ రాష్ట్రాల లోని పంచాయతీలకు ఎన్నికైన ప్రజా ప్రతినిధులకు, స్థానిక ప్రభుత్వాల్లో పనిచేయు ఉద్యోగులకు వారి సామర్థ్య పెంపుదలకు తగిన శిక్షణను కూడా అందించడము జరుగు చున్నది. దీని వలన సుశిక్షితులైన పంచాయతీ కార్యవర్గము తమ ప్రజలకు మెరుగైన సేవలను అందించ గలవు అనుటలో ఎలాంటి సందేహము లేదు.
ఈ పథకములో నిధులు పొందుటకు ప్రతిపాదనలు పంపు బాద్యత రాష్ట్ర ప్రభుత్వము పై ఉండడము, రాష్ట్రాలకు, కేంద్రం 60% నిధులను విడుదల చేయడం, కేంద్రం విడుదల చేసిన నిధులకు సరిపడ 40% నిధులను రాష్ట్ర వాటాగా కలిపి పథకం అమలు చేయాలి అనే నిబందన కారణంగా, రాష్ట్ర వాటాగా ఈ పథకము అమలుకు నిధులను కేటాయించని రాష్ట్రాలకు, కేంద్రం మరో విడత నిధులను విడదల చేయదు. ఈ కారణంగా ఏ రాష్ట్రమైతే తమ వంతు వాటాను కేటాయించలేదో ఆ రాష్ట్రములోని పంచాయతీలకు ఈ పథకము ద్వార అందవలిసిన అభివృధ్ది నిధులు ఆగి పోవడమే గాక, ఎన్నికైన ప్రజాప్రతినిధులకు అలాగే కార్యవర్గమునకు అందించాల్సిన సామర్థ్య పెంపు శిక్షణకు కావల్సిన నిధులు కూడా విడదల కాకపోవడం మూలంగా తగిన శిక్షణ అందించలేని రాష్ట్రాల లోని పంచాయతీలు ఆశించినంత అభివృద్ధి ని సాదించలేక పోతున్నాయి. ఇలాంటి పరిస్థితులు దేశములోని పలు రాష్ట్రాలలో ఉన్నాయి అని నిధుల విడదలకు సంబంధించిన ప్రశ్నకు కేంద్ర పంచాయతీ రాజ్ శాఖ సహాయ మంత్రి గారు ఇచ్చిన సమాదానమే నిదర్శనము.
ఇలాంటి పరిస్థితుల లో “రాష్ట్రీయ గ్రామ్ స్వరాజ్ అభియాన్” పథకము ద్వారా కేంద్ర ఆశించిన సంపూర్ణ ఫలితాలు వస్తాయి అనుకోవడం భ్రమ మాత్రమే అవుతుంది.
దేశాభివృద్ధి, గ్రామాల అభివృద్ధి పై ఆధారపడి ఉన్నదన్న విషయము అందరకీ తెలిసినదే. గ్రామాభవృధ్ధి జరగాలంటే మానవ వనరుల అభివృద్ధి జరగాలి. మానవ వనరుల అభివృద్ధికి వారి సామర్థ్య పెంపుదలకు కావల్సిన శిక్షణ జరగాలి. సుశిక్షితులైన మానవ వనరులు లేనిదే గ్రామాల అభివృధ్దిని ఆశించడం ఎండ మావులలో నీరు త్రాగాలనుకోవడమవుతుంది.
ఈ పథకము అమలు ద్వార ఆశించిన సంపూర్ణ ఫలితాలు రావాలంటె మొత్తం వందశాతం నిధులు కేంద్రమే విడుదల చేయాలి (భరించాలి). లేదా పంచాయతీలకు ఎన్నికైన ప్రజా ప్రతినిధులకు ఉద్యోగుల సామర్థ్య పెంపుదలకు కావల్సిన నిధులను, రాష్ట్ర ప్రభుత్వాలు తమ వాటా నిధులను తప్పనిసరిగా కేటాయించేలా పార్లమెంట్ ద్వారా సమగ్ర చట్టం తీసుకు రావాలి.
G.S.R. 818(E).—In exercise of the powers conferred by sub-section (1) read with clause (z) of subsection (2) of section 176 of the Electricity Act, 2003 (Act 36 of 2003), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.-
These rules may be called the Electricity (Rights of Consumers) Rules, 2020.
They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.-
In these rules, unless the context otherwise requires,-
Act means the Electricity Act, 2003;
applicant means an owner or occupier of any premises who files an application form with a distribution licensee for supply of electricity, increase or decrease in sanctioned load or contract demand, change in title or mutation of name, change in consumer category, disconnection or restoration of supply, or termination of agreement, shifting of connection or other services as the case may be, in accordance with the provisions of the Act, rules and regulations made thereunder;
application means an application form complete in all respects in the appropriate format, as specified by the Commission, along with documents and other compliances;
billing cycle or billing period means the period for which regular electricity bills as specified by the Commission, are issued for different categories of consumers by the distribution licensee;
Commission means the State Electricity Regulatory Commission constituted under section 82 of the Act;
Consumer means any person who is supplied with electricity for his own use by a distribution licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Electricity Act, 2003 or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a distribution licensee, the Government or such other person, as the case may be;
days means clear working days;
disconnection means the physical separation or remote disconnection of a consumer from the distribution system of the distribution licensee;
fixed charges has the same meaning as per the provisions of the prevailing Tariff Order issued for the distribution licensee by the Commission;
maximum demand means the highest load measured in average kVA or kW at the point of supply of a consumer during any consecutive period of thirty minutes or as specified by the Commission, during the billing period;
occupier means the owner, tenant or person in occupation of the premises where electricity is used or proposed to be used;
point of supply means the point, as may be specified by the State Commission, at which a consumer is supplied electricity;
prosumer means a person who consumes electricity from the grid and can also inject electricity into the grid for distribution licensee, using same point of supply;
temporary connection means an electricity connection required by a person for meeting his temporary needs such as-
for construction of residential, commercial and industrial complexes including pumps for dewatering;
for illumination during festivals and family functions;
for threshers or other such machinery excluding agriculture pump sets;
for touring cinemas, theatres, circuses, fairs, exhibitions, melas or congregations.
unauthorised use of electricity has the meaning as assigned to it under section 126 of the Act.
The words and expressions used and not defined in these rules but defined in the Act shall have the meanings assigned to them in the Act and in absence thereof, the meanings as commonly understood in the electricity supply industry.
Contd.Page.2
Page No.2
3. Rights and Obligations.- It is the duty of every distribution licensee to supply electricity on request made by an owner or occupier of any premises in line with the provisions of Act. It is the right of consumer to have minimum standards of service for supply of electricity from the distribution licensee in accordance with the provisions made in these rules.
4. Release of new connection and modification in existing connection.-
The distribution licensee shall prominently display on its website and on the notice board in all its offices, the following; namely:-
detailed procedure for grant of new connection, temporary connection, shifting of meter or, service line, change of consumer category, enhancement of load, reduction of load or change in name, transfer of ownership and shifting of premises etc;
address and telephone numbers of offices where filled-up application forms can be submitted;
address of website for online submission of application form;
complete list of copies of the documents required to be attached with the application;
all applicable charges to be deposited by the applicant.
Application forms for all type of connections as well as modification in existing connection shall be available at all the local offices of the distribution licensee free of cost as well as on its website for free download.
The distribution licensee shall create a web portal and a mobile app for submission of online application forms.
The applicant shall have an option to submit an application form in hard copy form or an electronic means such as online through web portal or mobile app of distribution licensee.
In case hard copy of the application form is submitted, the same shall be scanned and uploaded on the website as soon as it is received and acknowledgement with the registration number for that applicant shall be generated and intimated to the applicant.
In case of online application form through web portal or mobile app of distribution licensee, the acknowledgement with the registration number shall be generated on submission of application.
An application, complete with all the required information, shall be deemed to be received on the date of generation of acknowledgement with registration number. In case of hard copy submission, the acknowledgement with registration number shall be generated within such period as may be specified by the Commission, not exceeding twenty four hours, of receipt of the application, complete with all the required information.
The application tracking mechanism based on the unique registration number shall be provided by the distribution licensee through web-based application or mobile app or through SMS or by any other mode to monitor the status of processing of the application like receipt of application, site inspection, issuance of demand note, external connection, meter installation and electricity flow.
For new connections up to a load of 10 kW or such higher load as may be specified by the Commission, the application form shall be accompanied with only two mandatory documents-
identity proof (i.e. Passport, Aadhar Card etc.) of the applicant; and
proof of applicant’s ownership or occupancy over the premises for which new connection is being sought or in the absence of any proof of ownership or occupancy, any other address poof not given as part of identity proof under (1) above. For new connections beyond the specified load, and modification of existing connection, the Commission shall explicitly specify the documents required to be submitted with the application.
In case, an agreement is required to be executed between distribution licensee and the consumer, the same shall become the part of the application form and there shall not be any requirement of a separate agreement form.
The Commission shall specify the maximum time period, post submission of application complete in all respect, not exceeding seven days in metro cities, fifteen days in other municipal areas and thirty days in rural areas, within which the distribution licenses shall provide new connection and modify an existing connection:
Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Commission.
If a distribution licensee fails to supply electricity within the period specified by the Commission, it shall be liable to a penalty as may be determined by the Commission, which shall not exceed one thousand rupees for each day of default.
For electrified areas up to 150 kW or such higher load as the Commission may specify the connection charges for new connection shall be fixed on the basis of the load, category of connection sought and average cost of connection of the distribution licensee so as to avoid site inspection and estimation of demand charges for each and every case individually. The demand charges, in such cases, may be paid at the time of application for new connection.
Contd.Page.3
Page No.3
5. Metering –
No connection shall be given without a meter and such meter shall be the smart prepayment meter or pre-payment meter. Any exception to the smart meter or prepayment meter shall have to be duly approved by the Commission. The Commission, while doing so, shall record proper justification for allowing the deviation from installation of the smart pre-payment meter or prepayment meter.
At the time of seeking a new connection the consumer shall have the option to -
purchase the meter, MCB or CB and associated equipment himself; or
require that the meter, MCB or CB and associated equipment be supplied by the distribution licensee, on payment of applicable charges.
The distribution licensee shall ensure that tested and sealed meters of approved meter manufacturers are available to consumers for purchase and information of the places from where the consumers can purchase them is made available on its website.
The meter shall be read at least once in every billing cycle in urban as well as rural areas by an authorised representative of the distribution licensee.
In case of smart meters, the meters shall be read remotely at least once in every month and in case of other pre-payment meters, the meters shall be read by an authorised representative of the distribution licensee at least once in every three months. The data regarding energy consumption shall be made available to the consumer, through website or mobile App or SMS, etc. Consumers having smart pre-payment meters may also be given the data access for checking their consumption on real time basis.
For post payment meters, if the meter is inaccessible to the meter reader on two consecutive meter reading dates, the consumer shall have the option to send the picture of the meter indicating the meter reading and date of meter reading through registered mobile or through e-mail. In such a case, distribution licensee may not send any notice or provisional bill to the consumer
Testing of meters shall be done by the distribution licensee within a period as may be specified by the Commission, not exceeding thirty days, of receipt of the complaint from the consumer about their meter readings not being commensurate with his consumption of electricity, stoppage of meter, damage to the seal, burning or damage of the meter, etc.
No test fee shall be charged from the consumer at the time of reporting if the meter is found to be defective or burnt due to reasons attributable to the consumer, the consumer shall bear the cost of new meter and test fee shall be charged from the consumer through subsequent bills.
The distribution licensee shall give a copy of the meter test report to the consumer duly signed by both the distribution licensee or their authorised representatives and the consumer, and retain one such copy as acknowledgment. The distribution licensee shall communicate the date and time for such test to the consumer and convey the said consumer to present at the site for testing. However, if the consumer chooses not to be present at the site for testing, the distribution licensee will carry out such testing and shall give the copy of the meter test report to the consumer for signing.
In case, during testing, the meter is found to be inaccurate, the excess or deficit charges shall be adjusted in the subsequent bills as specified by the Commission.
If a consumer disputes the results of testing, the meter shall be tested at a third party testing facility selected by the consumer from the list of third party testing agencies approved by the Commission. If it is successfully established that the results of this test are contrary to the results of the test performed by the distribution licensee, then the cost of undertaking such test shall be borne by the distribution licensee. However, in case it is established that the results of this test are same as the results of the test performed by the distribution licensee in sub-rule (7), then the cost of undertaking such test shall be borne by the Consumer. The meter test results and the meter data shall be issued to the consumer after such test has been completed and the said results are final and binding on both the consumer and the distribution licensee.
The list of third party agencies approved by the Commission shall be available in their various offices as well as on the website of the distribution licensee.
Replacement of defective or burnt or stolen meters shall be done,-
either on consumer’s complaint or upon inspection by the distribution licensee, if the meter is prima facie found to be defective or burnt or stolen not due to causes attributable to the consumer, the licensee shall restore supply through a new meter at its own cost within the timelines as specified by the Commission;
if, after investigation, it is found that the meter has become defective or burnt or stolen due to causes attributable to the consumer, the necessary charges shall be recovered from the consumer as specified by the Commission;
within a time period, to be specified by the Commission not exceeding twenty-four hours in urban areas and seventy-two hours in rural areas by the distribution licensee.
Non-availability of meter shall not be a reason for delay in restoration of supply.
If the meter is installed outside the consumer’s premises, distribution licensee shall be responsible for safe custody of the meter, and if the same is installed within the consumer’s premises, the consumer shall be responsible for the safe custody of meter.
Contd.Page.4
Page No.4
6. Billing and payment –
Tariff for each category of consumers shall be displayed on distribution licensee’s website and consumers shall be notified of change in tariff including fuel surcharge and other charges, a full billing cycle ahead of time, through distribution licensee’s website as well as through energy bills.
The distribution licensee shall prepare the bill for every billing cycle based on actual meter reading, except where pre-payment meters are installed, and the bill shall be delivered to the consumer by hand or post or courier or e-mail or any other electronic mode at least ten days prior to the due date of payment.
In case of non-receipt of original bill, the consumer shall be entitled to get a duplicate copy of the bill and shall also have the option to deposit self-assessed bill as per the procedure approved by the Commission:
Provided that the excess or deficit payment, as the case may be in case of self-assessment, shall be adjusted in the next bill or bills, as the case may be.
In case of pre-payment metering, the distribution licensee shall issue the bill, to the consumer, on his or her request.
The distribution licensee shall intimate the consumer about despatch of bill through SMS or email, or by both, SMS and e-mail, immediately and the intimation shall consist of the details of bill amount and the due date for payment.
The distribution licensee shall also upload the bill on its website on the day of bill generation:
Provided that the billing details of last one year for all consumers shall also be made available on the licensee’s website.
The distribution licensee shall issue the first bill within a time period to be specified by the Commission, not exceeding two billing cycles, of energising a new connection where post payment meters are installed.
In case the consumer does not receive the first bill within such period, he may complain, in writing, to the distribution licensee and the distribution licensee shall issue the bill within a time period, not exceeding seven days.
The distribution licensee shall not generate more than two provisional bills for a consumer during one financial year and if the provisional billing continues for more than two billing cycles except under extraordinary situation due to force majeure, the consumer may refuse to pay the dues until bill is raised by the distribution licensee as per actual meter reading.
If any bill is served with a delay of such period as specified by the Commission, not exceeding sixty days, the consumers shall be given a rebate of two to five percent as specified by the Commission.
The information regarding the authority with whom grievance or complaint pertaining to bill can be lodged shall be provided along with the bill and the same shall also be made available on distribution licensees’ website.
In case of vacation of premises, the distribution licensee shall arrange to take a special reading of the meter on receiving the consumer’s written request and issue a final bill including all arrears till the date of billing and issue a No-Dues Certificate on receiving final payment, within a time period not exceeding seven days from the receipt of such final payment.
7. Method of payment of Bills .-
Consumer shall have the option to pay bills online or offline.
Bill amount of more than one thousand rupees or an amount specified by the Commission shall mandatorily be paid online. Commission shall specify a suitable incentive or rebate for payment through online system.
For bill amounts less than or equal to one thousand rupees consumer may pay the bill through cash or cheque or demand draft or electronic clearing system at designated counters of a bank or through credit or debit cards or online payment through distribution licensees’ web portal or any digital mode of payment and any change or further addition in the mode of payment shall be more user friendly for the consumers than the prevailing system.
The distribution licensee shall establish online portal as well as sufficient number of collection centres or drop boxes at suitable locations with necessary facilities, where consumer can deposit the bill amount with ease.
Contd.Page.5
Page No.5
8. Advance payment of bills.-
In case of post payment meters, when a domestic consumer gives prior information in writing about his continued absence from residence, the distribution licensee shall not send any notice or provisional bill to the consumer provided that the consumer pays the fixed charges for such period in advance and his supply line shall not be disconnected.
Interest shall be paid on advance amount paid under sub-rule (1), at such rate as may be decided by the Commission.
9. Disconnection and reconnection .-
In case a consumer desires that his meter to be permanently disconnected, he shall apply for the same to the distribution licensee and the licensee shall arrange for a special meter reading and prepare a final bill.
The disconnection shall be done immediately after payment of the final bill. The balance amount due to any consumption between the final reading and the permanent disconnection, if any, may be adjusted against the security amount with the distribution licensee. The remaining security deposit shall be refunded to the consumer within such period as specified by the Commission, not exceeding seven days.
In case the disconnection has been done on account of non-payment of past dues, the licensee shall reconnect the consumer’s installation within such time as specified by the Commission, not exceeding six working hours of receipt of past dues and other charges as applicable.
Pre-payment meters will be designed to automatically cut off supply when the amount credited is exhausted. This shall however not be treated as a disconnection and the supply will be resumed whenever the meter is recharged.
10. Reliability of supply.- (1) The distribution licensee shall supply 24x7 power to all consumers. However, the Commission may specify lower hours of supply for some categories of consumers like agriculture.
The Commission shall specify the following parameters to maintain the reliability of supply by the distribution licensee; namely:-
total duration and frequency of outages per consumer in a year -
System average interruption duration index (SAIDI);
System average interruption frequency index (SAIFI);
the minimum outage time (in minutes) that the distribution licensee shall consider for the calculation of SAIDI or SAIFI, as the case may be
The distribution licensee shall put in place a mechanism, preferably with automated tools to the extent possible, for monitoring and restoring outages.
11. Consumer as prosumer.-
While the prosumers will maintain consumer status and have the same rights as the general consumer, they will also have right to set up Renewable Energy (RE) generation unit including roof top solar photovoltaic (PV) systems – either by himself or through a service provider.
Renewable Energy (RE) generation unit may also be set up on other part of the premises of the prosumers, apart from the roof, however the total generation capacity of the RE unit shall not exceed the limit as specified by the Commission.
The Commission shall lay down regulations on Grid Interactive Roof top Solar PV system and its related matters with timelines of not exceeding six months from the date of notification of these rules, in case the same has not been notified.
The regulations on Grid Interactive Roof top Solar PV system and its related matters shall provide for net metering for loads up to ten kW and for gross metering for loads above ten kW
The distribution licensee shall facilitate the process for setting up of RE generation system at prosumers’ premises. In this regard, the licensee shall-
create an online portal for receiving applications from prosumers for installation, interconnection and metering of distributed renewable energy systems or devices at their premises, and update the same on a regular basis;
prominently display on its website and in all its offices, the following; namely:-
detailed standardized procedure for installation and commissioning of roof top solar system;
a single point of contact to facilitate the consumers in installation of roof top solar system from submission of application form to commissioning.
address and telephone numbers of offices where filled-up application forms can be submitted;
complete list of documents required to be furnished along with such applications;
applicable charges to be deposited by the applicant;
empanelled list of service providers for the benefit of consumers who want to install roof top solar PV system through service providers; and
financial incentives to the prosumers, as applicable under various schemes and programmes of the Central and State Governments;
The distribution licensee shall ensure that-
application forms shall be accepted online or through hard copy;
in case the application form submitted in hard copy form, the same shall be scanned and uploaded on the website as soon as it is received and acknowledgement with the registration number for that application shall be generated and intimated to the applicant;
in case the application form received online through web portal of the distribution licensee, the acknowledgement with the registration number shall be generated on submission of application;
application shall be deemed to be received on the date of generation of acknowledgement with registration number; and
the application tracking mechanism based on the unique registration number shall be provided by the distribution licensee through web-based application or any other mode to monitor the status of processing of the application like receipt of application, site inspection, meter installation and commissioning, etc.
The technical feasibility study shall be completed within the time period specified by the Commission, not exceeding twenty days and the outcome of the study shall be intimated to the applicant.
During the time period from the feasibility study till the completion of installation, in case, there is any requirement of upgradation of distribution infrastructure like augmentation of service line, distribution transformer capacity, etc., for installation of the required capacity of solar PV system, the same shall be carried out by the distribution licensee or consumer, as the case may be.
After installation of solar PV system, the consumer shall submit the installation certificate to the distribution licensee. The licensee shall complete signing of connection agreement, installation of meter and successful commissioning of the solar PV system within the timelines specified by the Commission which shall not be more than thirty days from the date of submission of the installation certificate. Formats of contract agreement and installation certificate shall be placed on web-portal of the distribution licensee.
Consumer shall have the option of purchasing the requisite meter himself which shall be tested and installed by the distribution licensee.
The timelines as specified by the Commission shall be adhered to by the distribution licensee. In case of delay, the licensee may take approval from the Commission in specific cases along with justification for the same.
In case of any delay on the part of distribution licensee without any just cause, the Licensee shall be liable to pay compensation to the consumer at a rate which shall not be less than five hundred rupees per day for each day of default.
The energy generated by prosumer shall be adjusted against energy consumed or the bill amount, depending on whether net metering or gross metering is applicable.
The distribution licensee shall pass on the financial incentives to the prosumers, as may be provided under various schemes and programmes of the Central and State Governments.
Contd.Page.6
Page No.6
12. Standards of performance .-
The Commission shall notify the standards of performance for the distribution licensees as per sub-section (1) of section 57 of the Act and in consonance with the rules or regulations made thereunder.
The Commission shall determine the compensation amount to be paid to the consumers by the distribution licensees for violation of standards of performance as per sub-section (2) of Section 57 of the Act.
13. Compensation mechanism .-
Consumer shall be automatically compensated for those parameters which can be monitored remotely when it can be successfully established that there is a default in performance of the distribution licensee.
The Commission shall notify regulations for establishment of mechanism, by the distribution licensee, for automatic payment of compensation amount determined under the provisions of sub-section (2) of section 57 of the Act within six months from the notification of these rules.
The Commission shall oversee that the distribution licensee designs and maintains its distribution system in such a way that there is a gradual increase in the list of parameters, which can be monitored remotely and for which automatic compensation can be made to the consumer.
The standards of performance for which the compensation is required to be paid by the distribution licensee include, but are not limited to, the following, namely:-
no supply to a consumer beyond a particular duration, to be specified by the Commission;
number of interruptions in supply beyond the limits as specified by the Commission;
time taken for connection, disconnection, reconnection, shifting;
time taken for change in consumer category, load;
time taken for change in consumer details;
time taken for replacement of defective meters;
time period within which bills are to be served;
time period of resolving voltage related complaints; and (ix) bill related complaints.
The distribution licensee, within six months from the date of notification of the regulations by the Commission under sub-rule (2), shall create an online facility on which consumers may register and claim the compensation amount. The information in this regard shall be widely circulated among consumers through appropriate means including mass media, bills, SMS, e-mails or by uploading on licensee’s website.
In all cases of compensation, the payment of compensation shall be made by adjustment against current or future bills for supply of electricity, within stipulated time from the determination of claim as specified by the Commission.
14. Call Centre for Consumer Services .-
For providing common services like new connection, disconnection, reconnection, shifting of connection, change in name and particulars, load change, replacement of meter, no supply, the distribution licensee shall establish a centralised 24x7 toll-free call centre with effect from such date as may be specified by the Commission.
While other modes to provide services like paper application, email, mobile, website, etc., may continue, the licensees shall endeavour to provide all services through a common Customer Relation Manager (CRM) System to get a unified view of all the services requested, attended and pending, at the backend for better monitoring and analytics.
The CRM shall have facilities for sms,email alerts, notifications to consumers and officers for events like receipt of application, completion of service, change in status of application, etc; online status tracking and auto escalation to higher level, if services are not provided within the specified time period.
Contd.Page.7
Page No.7
15. Grievance redressal mechanism .-
The distribution licensee shall establish Consumer Grievance Redressal Forum (CGRF) under sub-section (5) of section 42 of the Act at different levels to cater the needs of the sub- division, division, circle, zone, company level. The forum shall be headed by an officer of the licensee of appropriate seniority. The forum shall consist of officers of the licensee and have not more than four members as consumer and prosumer representatives. The Appropriate Commission shall nominate one independent member who is familiar with the consumer affairs. The forum may be assigned different types of grievances depending on the nature of the grievance and the level at which it can be best resolved.
Provided that the manner of appointment and the qualification and experience of the persons 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.
The licensee shall specify the time within which various types of grievances by the different levels of the forums are to be resolved. Normally, a grievance shall be decided with in a period of thirty days and in any case not exceeding forty five days from the date of receipt of such grievance. The consumer aggrieved by the decision of sub-divisional or divisional or circle forum will have the option to approach the company level forum before making an appeal to the Ombudsman.
If a consumer's grievance is not redressed by the company level forum within the specified time or the consumer is not satisfied with the disposal of his grievance, he will be free to approach the Ombudsman appointed by the Commission.
The distribution licensee shall give wide publicity of the forum office, its complete address, contact details and procedure for registration of grievances through print and electronic media and notice boards of its various offices and also intimate the same to the consumers through electricity bills.
The distribution licensee shall set up a mechanism for monitoring of the grievances redressal.
The licensee will send quarterly reports to the Ombudsman and to the Commission, in respect of standards of performance, other performance parameters and consumer grievances related information showing the extent to which the time schedule has been followed in redressing the consumer grievances.
The performance of CGRF shall be monitored by the Commission.
16. General Provisions.-
The distribution licensee shall provide access to various services such as application submission, monitoring status of application, payment of bills, status of complaints raised ,etc., to consumers through its website,web portal, mobile app and its various designated offices areawise.
The distribution licensee shall provide all services such as application submission, payment of bills, etc., to senior citizens at their door-steps.
The details of scheduled power outages shall be informed to the consumers. In case of unplanned outage or fault, immediate intimation shall be given to the consumers through SMS or by any other electronic mode along with estimated time for restoration. This information shall also be available in the call center of the distribution licensee.
For creating proper awareness among consumers and licensee staff, the distribution licensee shall ensure to undertake the following steps, namely:-
Manual of procedure for providing common services and handling customer grievances shall be made available for reference of consumers at every office of the distribution licensee and downloadable from its website
The distribution licensee shall publish the guaranteed standards of performance along with compensation structure, information on procedure for filing of complaints, in the bills for month of January and July. If it is not possible to publish the same at the back of the bills, the distribution licensee shall publish it on a separate hand out and distribute it along with the bills.
The distribution licensee shall arrange to give due publicity through media, TV, newspaper, website and by displaying in boards at consumer service related offices to bring awareness of consumer rights, standards of performance, compensation provisions, grievance redressal, measures for energy efficiency and any other schemes of the distribution licensee.
The distribution licensee shall arrange to display feeder wise outage data, efforts made for minimising outages, prevention of theft or unauthorised use of electricity or tampering, distress or damage to electrical plant, electric lines or meter and results obtained during the year, on its website.
Whenever the existing meters are to be replaced by any new technology meters, the distribution licensee shall take adequate measures to create consumer awareness regarding the advantages of such replacement. Distribution licensee shall issue a public notice in at least four daily newspapers. Such information shall also be displayed in conspicuous manner on the distribution licensee’s website and the distribution licensee shall indicate the area wise schedule of dates for replacement of such meter.
[F. No. 23/05/2020-R&R] GHANSHYAM PRASAD, Jt. Secy.
P.R. & R.D. DEPARTMENT – Road and Bridge works – Adoption of overhead Charges and Contractors profit for Road and Bridge works taken up in P.R. & R.D. Department and allowing of tender premium in respect of works for which MORD specifications adopted – Permission – Accorded – Orders – Issued.
In the references 1st and 2nd read above TR&B Department have accorded permission adopting 20% overhead charges, contractors profit and allowing 5% tender premium in respect of works for which the Ministry of Road Transport and Highway (MORTH) specifications are adopted for all Road and Bridge works.
2. In the reference 3rd read above, the E-in-C(P.R.) has requested the Government to issue orders for adopting contractors profits, overhead charges, Tender premium to P.R. department also.
3. In the reference 5th read above orders were issued permitting 16.5% overhead charges for PMGSY Phase VI works which includes 10% contractors profit + overhead charges + 1.4% VAT subject to no tender premium of 5% normally permissible and no cost escalation.
4. During the review meeting it was pointed out that the different rates and different specifications within P.R. & R.D. Department and within P.R. & R&B Department are causing difficulties in eliciting the response from the contractor, which is resulting in slow progress of works. Therefore it has been proposed for all the tender works of Panchayat Raj department to follow the specifications of Ministry of Rural Development, Government of India which are by and large, same as manual specification of Ministry of Road Transport and Highway (MORTH). Apart from following a uniform specification of MORD to all the tender works in Panchayat Raj Department, it is proposed that the allowances given by R&B Department are also applicable to the works for P.R. Department including PMGSY. In case of Panchayat raj Department works the MORD standards shall apply with regards to specifications as well as use of machinery and the MORD rates are contigent to following of the standards as above.
5. Government have examined the matter carefully and hereby accord permission for adoption of 16.5% overhead charges which includes contractors profit at 10% for all the tender works of Panchayat Raj including PMGSY by following the specifications of MORD, subject to following conditions:
In framing data adopting MORD specifications, the component of overhead charge is included at the prescribed percentages. This component of overhead charges includes Sales Tax/VAT. Hence, this component of Sales Tax/VAT shall be deducted in the overhead charges in the data but, shall be separated and shown in Part-B of the estimate. The VAT component so deducted should not be less than the reimbursable amount.
A condition shall be included in the agreement that the VAT component loaded in the estimate shall be added in each bill of the contractors who opt for composition scheme and recovered.
In respect of those contractors, who do not opt for composition scheme, the VAT component loaded in the estimate shall not be released to them with their bills and VAT, however, shall be recovered and for the recovery made, a deduction certificate shall be issued, based on which they have to claim adjustment through their returns submitted to their respective assessing authorities.
6. Government hereby also order to allow 5% tender premium on par with TR&B Department in second or subsequent tender calls only.
7. The price escalation orders issued vide reference 4th read above are also applicable to all the tender works including PMGSY.
8. The above orders shall be implemented subject to the following conditions.
These orders are applicable with prospective effect only.
Already settled/closed cases shouldn’t be reopened for applying the orders of this G.O.
Price escalation clause should be allowed carefully duly ascertaining the fulfillment of all the aspects of quantity, quality and contractual obligations.
No cases of revised administrative sanction will be entertained.
The concession given under this G.O. are not applicable to the works entrusted on nomination basis.
9. This order issues with the concurrence of Finance (Expdr.P.R.& RD) Department vide their U.O.No.04947-A/88/A1/Expdr.P.R.& R.D./08,dt.19.2.2008.
10. The Engineer-in-Chief (P.R.) shall take necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
DR.V.P.JAUHARI
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Engineer-in-Chief(P.R.), Hyderabad.
Copy to:
Accountant General, A.P,,Hyderabad.
Finance (Expdr.P.R.) Department.
P.S. to M(P.R.)/Spl.C.S.
Sf/Sc.
PR&RD DEPT – Issues of Builders Association of India (AP Center) related to civil works in PR Department – Certain Guidelines - Orders – Issued.
*************************************************************
PANCHAYAT RAJ & RURAL DEVELOPMENT (PROGS.II) DEPARTMENT
G.O.Ms.No.23
Dated.11.02.2014
Read the following
G.O.Ms.No.1, Finance Dept (W&P), dt.25.2.2012
G.O.Ms.No.94, I&CAD (PW-COD) Dept, dt.1.7.2003
G.O.Ms.No.57 PR&RD (progs.II) Dept, dt.19.2.2008
Representation of Builders Association of India (AP Centre), dt.13.9.2012
Memo No.16274/Progs.II(1)/2013, dt.26.6.2013
From the ENC, PR Lr.No.T2/DEE-5/Builder’s Association/2013, dt.21.10.2013
***
ORDER:
In the ref 4th read above, Builders Association of India has submitted certain issues requesting to the Government to consider the same and issue suitable orders.
Price Escalation
Seinorage Charge
Tender Premium
VAT 5%
Labour Cess
Completion report
Over Head Charges
EOAT
Price Escalation Provisions
Tender Participation
Income Tax
Sand
Payment of Bills
2. In the ref 5th read above, Government has requested the Engineer-inChief, PR to examine and to furnish a detailed report on the representation of Builders Association of India. The ENC, PR has submitted a detailed report along with the minutes of Board of Chief Engineers held on 19.6.2013 and requested to take necessary action in the matter.
3. Government have convened a meeting on 17.10.2013 with the Engineer-in-Chief, PR/ Chief Engineers of PR Dept/ representative of Finance Dept/ Members of the Builders Association of Inida in the chambers of Hon’ble M(PR&RWS), the issues have been discussed as put-forth by the BAI in detail.
4. Government after careful consideration of the issues of the Builders
Association and hereby clarified on the following:-
i. Price Adjustment:-
Price Adjustment whether it is increase or decrease in the costs after deducting the basic 5%.
(contd---2)
::2::
As per G.O.Ms.No.1, Finance (Works&Projects-F-7) dept, dt.25.02.2012. Wherein Para-9 of the said G.O. is as follows:
“ Treatment of Price adjustment: It is observed that Departments are adopting diverse interpretations of the existing G.Os relating to treatment of price adjustment from 0 to 5%. After careful consideration, it has been decided that hence forth all the Departments should operate variation in rates only to the extent where it is above 5% over the estimated rates.
In context of the above, the price variation clause over and above 5% should be applied on either side (increase or decrese) and hence whenever there is decrease in price, recovery should be made from the contractor beyond 5% only similar to when there is increase in price
ii. Seignorage Charges:
The Executive-Engineer should ensure that the seignorage charges are deducted only once, and there should not be any double recovery towards seignorage charges while making payment to the contractor.
While scrutiny of bills before submission to PAO concerned, the EE should add the seignorage charges for arriving the value of the work done and propose for deduction the same for arriving the net amount payable to the contractor, and for adjusting the seignorage charges recovered thereby to the appropriate head by the PAO.
Provision towards Seinorage charges may be allowed in the estimates under Part-B
iii. VAT:-
As per U.O. Note. No. 2447, dt.17.08.12, Finance Department has informed to adopt VAT at 5% in place of 4% w.e.f 14.09.2011 for all ongoing and future works.
Government decided to allow provision towards VAT charges at 5% in the estimates under Part-B.
iv. Completion Report:-
Decided that the final payments to the contractors should be made as per approved work done estimate by the competent authority including part-B provisions, based on M. Book measurements after proper check of quantity and quality within a reasonable time limit. The final payment of the contractor should not be delayed for want of certificate from the quality control staff as already instructed in G.O.Ms.No.94, dt.1.7.2003 of I&CAD Dept. This is essential to discourage wanton delays, red tape and consequential ill practices in the department.
v. Over Head Charges:-
Government have decided to allow that the over head charges @ 14% and VAT @ 5% is being adopted as recommended in the AP Standard data for all the works in PR Dept except PMGSY works. For PMGSY works 12.5% over head charges and VAT 5% is being allowed as per MORD Specification.
(contd---3)
::3::
vi. Extension of Agreement Time:-
Decided to delegate the powers to the Engineer-in-Chief, Panchayat Raj for grant of EOAT without penalty up to 3 months in case where there are valid reasons such as Land Acquisition problems, delay in approval of designs, Court cases, obstruction of power lines and major natural calamities.
vii. Income Tax:-
As per the latest guidelines of the Income Tax Department, TDS rates and returns for the Assessment Year 201415(Financial Year 2013-14) where-in as per section 194 c (1) payment to Contractors on payment exceeding Rs.30,000/- for single payment is 1% to the individual and 2% for others.
5. The Engineer-in-Chief, Panchayat Raj /Chief Engineer, Panchayat Raj/Chief Engineer, Panchayat Raj NABARD/Chief Engineer Panchayat Raj, MGNREGS Hyderabad are requested to follow the above instructions with immediate effect.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.NAGI REDDY
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Engineer in Chief, Panchayat Raj, Hyderabad
The Chief Engineer, Panchayat Raj, Hyderabad
The Chief Engineer, Panchayat Raj, NABARD, Hyderabad
The Chief Engineer, Panchayat Raj, MGNREGS, Hyderabad
All the Superintending Engineers (PR) in the State
Copy to
The Fin(Expr. PR&RD) Dept
The PS to M(PR&RWS)
The PS to Prl. Secretary to Govt.
Sf/Sc
Telangana High Court
Miriyala Mahendar vs The State Of Telangana on 16 December, 2020
Bench: Challa Kodanda Ram
IN THE HIGH COURT FOR THE STATE OF TELANGANA
WRIT PETITION No. 12659 of 2020
Between:
Miryala Mahendar
... Petitioner
and
State of Telangana,
Rep.by its Principal Secretary,
Panchayat Raj & Rural Development & others.
...Respondents
Date of Judgment Pronounced: 16-12-2020
Submitted for Approval:
The Hon'ble Sri Justice CHALLA KODANDA RAM
1. Whether Reporters of Local newspapers No
may be allowed to see the judgments ?
2. Whether the copies of judgment may be Yes
marked to Law Reporters/Journals
3. Whether His Lordship wish to No
see the fair copy of the Judgment ?
_____________________________
(CHALLA KODANDA RAM, J)
2
* The Hon'ble Sri Justice CHALLA KODANDA RAM
WRIT PETITION No. 12659 OF 2020
Date 16.12.2020
Between:
Miryala Mahendar ......Petitioner
and
State of Telangana,
Rep.by its Principal Secretary,
Panchayat Raj & Rural Development &others. ...Respondents
Counsel for the petitioner : Sri Venkateswarlu Gummadavelly
Counsel for the respondents : GP for Panchayat Raj
Sri G. Narender Reddy, Standing Counsel
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 12659 of 2020
ORDER:
Petitioner challenges the order dated 15.07.2020 which suspended him from the post of Upa Sarpanch of Perkapally Gram Panchayat for a period of six months. The said order was made under Section 37(5) of the Telangana Panchayat Raj Act, 2018 by the 3rd respondent - District Collector.
The petitioner was issued a show cause notice alleging that he, being the Upa Sarpanch and authorised to sign Cheques as co- signatory, failed to sign the cheques relating to payment of salaries of Multi-purpose workers, and electricity consumption charges, which act amounts to non-compliance of his legitimate duties and also not in the interest of the gram panchayat; and therefore, sought explanation as to why he should not be kept away from the affairs of the gram panchayat. The petitioner is stated to have submitted his explanation. After consideration of the explanation and also after considering the report of the District Panchayat Officer, he was stated to have suspended for a period of six months.
In the affidavit filed in support of this Writ Petition, the petitioner averred that false charges were framed against him as he questioned the unauthorised and illegal activities of the Sarpanch and also due to political rivalry. It is also averred that out of five material documents which he sought under the Right to Information Act, only three documents were furnished which is violation of the principles of natural justice in the conduct of inquiry.
The 6th respondent - Panchayat Secretary filed a counter- affidavit on behalf of the gram panchayat denying the averments of the petitioner. It was asserted that the gram panchayat convened a meeting of the Committee with seven Ward Members and passed a Resolution to make a complaint to the District Collector with respect to non-cooperation of the petitioner. Pursuant to the complaint, a preliminary enquiry was conducted by the 3rd respondent by issuing the show cause notice and as per the record, the petitioner had apparently not filed any explanation even after lapse of one month. It is further asserted that under Section 70 of the Act, cheques of the gram panchayat have to be signed by the Sarpanch and the Upa Sarpanch and, under Section 71, it is the duty of the gram panchayat to make payment of salaries, allowances, etcetera; and once the gram panchayat passes a Resolution, the petitioner being Upa Sarpanch and a Member of the Body cannot refuse to carry out the said Resolution. It is also stated that in the present case, the petitioner failed to sign the cheques which amounts to non-implementation of the Resolution of the gram panchayat. Hence, he prayed for dismissal of the Writ Petition.
At the time of admission, interim order was made on 18.08.2020, suspending the impugned order, on the ground that no notice was issued to the petitioner under Section 37(5) and there was no assertion in the impugned order that suspension is pending investigation into omissions and refusal of the petitioner to carryout the orders of the government.
Learned counsel for the petitioner, though not pleaded, submits that Upa Sarpanch is not the Sarpanch for all practical purposes and thus, Section 37(5) has no application to the Upa Sarpanch.
Learned Government Pleader for Revenue appearing on behalf of the District Collector, drawing attention to definition of 'Sarpanch' enumerated under Section 2(39), would submit that there being no separate procedure for election of 'Sarpanch' and 'Upa Sarpanch', Upa Sarpanch also gets governed within the definition of 'Sarpanch', in terms of Section 15(9) as he is also an elected member. There is no distinction between 'Sarpanch' and 'Upa Sarpanch' except with respect to the functions to be discharged by them and both are responsible for discharge of their respective functions on behalf of the gram panchayat. The learned Government Pleader further submits that this Court not being an appellate authority and in view of there being no explanation of the petitioner to the show cause notice, the decision of the Collector does not warrant interference.
Heard learned Standing Counsel for the gram panchayat Sri G. Narender Reddy.
Having regard to the respective submissions, at the outset, it may be noted that the petitioner having failed to avail the opportunity of submitting his explanation to the show cause notice had practically disabled himself to canvass anything with respect to the merits of the matter on facts. That being only ground, the learned counsel for the petitioner having realised the same, and further considering the fact that this Court has time and again held that this Court is not the Appellate Authority over the affairs of the gram panchayat or on the orders passed under Section 37(5) raised the issue of in-applicability of Section 37(5) on the ground that the petitioner is 'upa sarpanch'.
One may notice the definition of 'Sarpanch' in Section 2(39) which reads thus:
"Sarpanch" means the Sarpanch of a Gram Panchayat elected under Section 15."
Under the scheme of Panchayat Raj Act, the gram panchayat consists of elected members, co-opted members and a Sarpanch. From among the elected members, in terms of Section 15(9), one of the members shall be elected to be the Upa Sarpanch by the gram panchayat. While 'Sarpanch' gets elected directly by the voters, 'Upa Sarpanch' gets elected by the ward members. The training to be undergone and the functions to be discharged by the Sarpanch and the Upa Sarpanch delineated under the Act is same. There is no separate provision made dealing with 'Upa Sarpanch'. Further, it may be noted that the purpose of suspension power to be exercised by the Collector under Section 37 is to ensure uninterrupted smooth functioning of the gram panchayat and not as a punishment. This view was taken by this Court in Writ Petition No. 12778 of 2020. Hence, the contention of the learned counsel for the petitioner that the provision under Section 37(5) does not apply to Upa-Sarpanch is liable to be rejected.
However, in the facts of the present case, for one instance of non-cooperation of signing cheques, suspension of the petitioner for a period of six months cannot be said to be justified in the context of Section 37(5). Hence, the impugned order is set aside and the matter is remanded to the District Collector for consideration afresh with respect to the desirability of suspending the petitioner for a period of six months.
The Writ Petition is allowed accordingly. No costs. Consequently, the miscellaneous Petitions, if any stand closed.
----------------------------------- CHALLA KODANDA RAM, J 16th December 2020 LR Copy be marked.
ksld In the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh WRIT PETITION No. 12659 of 2020 Between:
Miryala Mahendar ... Petitioner and State of Telangana, Rep.by its Principal Secretary, Panchayat Raj & Rural Development & others.
...Respondents Date of Judgment Pronounced: 16-12-2020 Submitted for Approval:
The Hon'ble Sri Justice CHALLA KODANDA RAM
4. Whether Reporters of Local newspapers No may be allowed to see the judgments ?
5. Whether the copies of judgment may be Yes marked to Law Reporters/Journals
6. Whether His Lordship wish to No see the fair copy of the Judgment ?
_____________________________ (CHALLA KODANDA RAM, J) * The Hon'ble Sri Justice CHALLA KODANDA RAM WRIT PETITION No. 12659 OF 2020 % Date 16.12.2020 Between:
# Miryala Mahendar ... Petitioner and State of Telangana, Rep.by its Principal Secretary, p
