The Haryana government is contemplating the invocation of Section 108 of the Electricity Act, 2003, in response to demands from electricity employees. Energy Minister Anil Vij announced on Friday that this action is being considered due to the Haryana Electricity Regulatory Commission’s (HERC) recent order permitting a private company to distribute power in Gurugram and Nuh. This provision enables state governments to issue written directives to electricity regulatory commissions concerning policy matters that affect public interest.

Vij indicated that the government is willing to explore this option as part of efforts to address the ongoing strike by employees in the electricity department. He stated that discussions with the employees’ union are open and that the government is considering their request to utilise Section 108 against the HERC’s order.

During his comments, Vij expressed optimism about reaching a resolution soon, noting that the government has been in communication with union representatives. He mentioned, “The issue has almost been resolved. I have been telling the employees’ union leaders from the very first day that the strike is not the way ahead.”

Details of Section 108 of the Electricity Act, 2003

Section 108 of the Electricity Act, 2003, grants state governments the authority to issue written directions to their respective State Electricity Regulatory Commissions on policy matters that involve public interest. According to the Act, regulatory commissions are required to follow these directions while fulfilling their statutory responsibilities. In Haryana, this provision allows the state government to guide the HERC on electricity-related issues that impact the public.

The section consists of two main components. Firstly, Section 108(1) mandates that State Electricity Regulatory Commissions must adhere to written directions from the state government regarding public interest policies. Secondly, Section 108(2) states that if there is a dispute regarding whether a direction pertains to public interest, the state government’s determination is final.

This means that the Haryana government can issue policy directives to the HERC on various matters, including electricity supply and distribution policies, public-interest measures for power consumers, renewable energy initiatives, and broader policy issues affecting the electricity sector. However, it is important to note that Section 108 does not grant the government unlimited power to dictate every regulatory or tariff decision.

Background of the Employee Strike

The Haryana Bijli Karamchari and Engineers Joint Sangharsh Morcha initiated a three-day strike following the HERC’s decision on October 19 to grant a licence to Eleven Power Pvt Ltd to distribute electricity in Gurugram and Nuh, alongside existing state-owned distribution companies. Approximately 40,000 employees participated in the protest on Thursday, leading to significant disruptions in electricity supply, water services, and industrial operations across various regions, including Gurugram and Chandigarh.

In response to power outages, residents in some areas have also engaged in road blockades. The employees’ union has voiced strong opposition to the entry of a private distributor, arguing that it could result in increased electricity costs for farmers and economically disadvantaged groups in both rural and urban settings.

In light of the ongoing situation, Chief Minister Nayab Singh Saini and Minister Anil Vij previously affirmed their support for the employees and pledged to advocate for their concerns before the Appellate Tribunal for Electricity (APTEL) regarding the HERC order. The government remains hopeful that negotiations will lead to a swift resolution of the strike.

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