Haryana Power Employees Strike: What is Section 108 of the Electricity Act, says Minister Anil Vij, Govt to invoke | Today’s news
The Haryana government is considering invoking Section 108 of the Electricity Act, 2003 following a demand by electricity workers to revoke the Haryana Electricity Regulatory Commission (HERC) order allowing a private company to distribute electricity in Gurugram and Nuh, Power Minister Anil Vij said on Friday.
This provision enables the State Governments to issue written directions to the Electricity Regulatory Commissions on matters of public interest. Vij said the government is ready to explore this option as it seeks to resolve the ongoing strike by the electricity department employees.
What did Anil Vij say about Section 108?
Vij said the government is open to discussions with labor unions and is considering its demand to invoke Section 108 against the HERC order.
Quick answers to key questions
•5 QUESTIONS
It enables the State Government to issue written directions to its Electricity Regulatory Commission on matters of public interest. The Commission must follow these guidelines in the performance of its statutory functions.
Haryana is considering issuing policy directions to HERC in response to the order allowing Eleven Power to distribute electricity in Gurugram and Nuhu. The electricity workers have asked the government to use the provision to revoke the order.
No. The article says that Section 108 applies to policy matters of public interest and does not give the state government unlimited power over every regulation or tariff decision.
The workers are protesting against HERC’s decision to grant Eleven Power a parallel electricity distribution license for Gurugram and Nuh. The union says private distribution could threaten jobs and reduce the availability of electricity.
The government said it would challenge the order in the Electricity Appellate Tribunal and represent the employees’ case. Energy Minister Anil Vij also said he was considering Section 108 action and was ready to negotiate with the union.
“We are prepared to hold discussions on all options. This includes taking action under Section 108 of the 2003 Act,” Vij said.
Asked when the issue could be resolved, the minister said the government had been in contact with union representatives and expected the strike to end soon.
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“The matter is almost settled. From day one I told the workers to the union leaders that a strike is not the way to deal with the matter. I also spoke to the union leaders today. I told them to come and talk to the government across the table,” he said.
Vij added, “On Thursday, there was a demand from their side that the government should use section 108 to revoke this (HERC) order, which we can do. And I have spoken to the chief minister in this regard. The union presidents have agreed to hold talks with the state government today. I hope the strike should end in a few hours.”
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Chief Minister Nayab Singh Saini and Vij had earlier said that the state government stands with the employees and will represent their case before the Appellate Tribunal for Electricity (APTEL) against the HERC order.
What is Section 108 of the Electricity Act 2003?
Section 108 of the Electricity Act, 2003 empowers the State Governments to issue written directions to their respective State Electricity Regulatory Commissions on matters of public interest. The provision requires regulatory commissions to follow such guidelines in the discharge of their statutory functions in accordance with the Electricity Act, 2003 available on the India Code portal of the Ministry of Law and Justice.
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In Haryana, this provision allows the state government to issue written policy directions to the Haryana Electricity Regulatory Commission (HERC) on electricity-related matters of public interest.
What does Section 108 say?
The provision has two key parts:
1. Section 108(1): The State Electricity Regulatory Commission must follow written directions issued by the State Government in matters of public interest policy.
2. Section 108(2): If a question arises as to whether the direction relates to a matter of policy relating to public interest, the decision of the State Government on the matter shall be final.
What does it mean in Haryana?
For example, the Government of Haryana can use section 108 to issue policy directions to the HERC on matters such as:
- Electricity supply and distribution policy.
2. Measures in the public interest concerning energy consumers.
3. Renewable energy and other policy decisions in the electricity sector.
4. Policy matters involving wider public implications in the electricity sector.
HERC is expected to take these guidelines into account in carrying out its statutory functions. However, Section 108 does not give the State Government unlimited power to dictate every regulatory or tariff decision.
Why are Haryana Electricity employees on strike?
The Haryana Bijli Karamchari and Engineers Joint Sangharsh Morcha went on a three-day strike after the HERC on October 19 granted a license to Eleven Power Pvt Ltd to distribute electricity in Gurugram and Nuhu alongside existing state distribution companies.
Around 40,000 employees took part in the protest on Thursday. The strike disrupted electricity supply, water services and industrial activity in several parts of the state, including Gurugram and Chandigarh. Residents also blocked roads in some areas due to power outages.
The entry of a private distributor was opposed by the trade union of the employees, saying that it could cause the unavailability of electricity for farmers and the economically weaker sections in both rural and urban areas.