Prime Minister
Govt Of India
New Delhi
Sub: Against move of unbundling / privatisation of J&K Power Department
Respected Sir,
All India Power Engineers Federation (AIPEF) wants to draw your kind attention against the move of J&K Government to unbundle Power Development Department in four corporations with the aim to privatise Distribution of electricity in J&K union territory.
2. In this reference AIPEF has already sent a letter to HE Governor of J&K on 11th September 2019 (Copy attached for ready reference). However it is learnt that J&K Govt is going ahead with the plan of formation of four corporations with the aim to privatise power distribution.
3. AIPEF wants to submit as following for your kind consideration -
a. Earlier the Electricity Act 2003 was not applicable to the State of J&K. However from 5-Aug-2019 onwards, the Electricity Act 2003 has become applicable to J&K and the J&K has come at par with the other States of the country. The Electricity Act 2003 does not make it compulsory for the State to unbundle / privatize the Power Development Department. Himachal Pradesh is neighboring hill state which has not unbundled electricity Generation, Transmission & Distribution and HPSEB Ltd is functioning as integrated utility.
b. Since electricity is a concurrent subject, it would be incorrect to carry out drastic changes in the Electricity Department of J&K when the State assembly has not been formed and merely on the directions of the Central Government. It would be against the Constitution of India to ignore/ byepass the State Government/ State Assembly on a concurrent subject where the State has an equal right as compared to the Central Government.
c. In a situation where the State in under President rule & where the elections to the State Assembly have not been held, it would be against the Constitution to ignore the public opinion and opinion of electricity consumers in the matter of unbundling / privatizing the State Power Department. It is against democracy and against the Constitution of India.
d. Now that E Act 2003 is extended to J&K , GOI or Governor cannot issue order on a Concurrent subject as if it is a Central subject. It would be against Democracy and against Constitution.
4. Therefore AIPEF requests you to kindly use your good offices and direct J&K Government not to proceed to unbundle Power Development Department of J&K.
Thanking you with regards.
Sincerely Yours
Shailendra Dubey
Chairman
CC.
1. HE Governor, J&K Govt, Srinagar.
2. Sri R K Singh, Power Minister, GOI, New Delhi.
Prime Minister
Govt Of India
New Delhi
Sub: Against move of unbundling / privatisation of J&K Power Department
Respected Sir,
All India Power Engineers Federation (AIPEF) wants to draw your kind attention against the move of J&K Government to unbundle Power Development Department in four corporations with the aim to privatise Distribution of electricity in J&K union territory.
2. In this reference AIPEF has already sent a letter to HE Governor of J&K on 11th September 2019 (Copy attached for ready reference). However it is learnt that J&K Govt is going ahead with the plan of formation of four corporations with the aim to privatise power distribution.
3. AIPEF wants to submit as following for your kind consideration -
a. Earlier the Electricity Act 2003 was not applicable to the State of J&K. However from 5-Aug-2019 onwards, the Electricity Act 2003 has become applicable to J&K and the J&K has come at par with the other States of the country. The Electricity Act 2003 does not make it compulsory for the State to unbundle / privatize the Power Development Department. Himachal Pradesh is neighboring hill state which has not unbundled electricity Generation, Transmission & Distribution and HPSEB Ltd is functioning as integrated utility.
b. Since electricity is a concurrent subject, it would be incorrect to carry out drastic changes in the Electricity Department of J&K when the State assembly has not been formed and merely on the directions of the Central Government. It would be against the Constitution of India to ignore/ byepass the State Government/ State Assembly on a concurrent subject where the State has an equal right as compared to the Central Government.
c. In a situation where the State in under President rule & where the elections to the State Assembly have not been held, it would be against the Constitution to ignore the public opinion and opinion of electricity consumers in the matter of unbundling / privatizing the State Power Department. It is against democracy and against the Constitution of India.
d. Now that E Act 2003 is extended to J&K , GOI or Governor cannot issue order on a Concurrent subject as if it is a Central subject. It would be against Democracy and against Constitution.
4. Therefore AIPEF requests you to kindly use your good offices and direct J&K Government not to proceed to unbundle Power Development Department of J&K.
Thanking you with regards.
Sincerely Yours
Shailendra Dubey
Chairman
CC.
1. HE Governor, J&K Govt, Srinagar.
2. Sri R K Singh, Power Minister, GOI, New Delhi.