Relevant Sections in connection with powers and
appointment of Electrical Inspector
21.
"Electrical Inspector" means a person appointed as such by the
Appropriate Government under sub section (1) of section 162 and also includes
Chief Electrical Inspector;
53.
(1) The Authority may in consultation with the State Government, specify
suitable measures for -
(a) protecting
the public (including the persons engaged in the generation, transmission or
distribution or trading) from dangers arising from the generation,
transmissions or distribution or trading of electricity, or use of electricity
supplied or installation, maintenance or use of any electric line or electrical
plant;
(b) eliminating
or reducing the risks of personal injury to any person, or damage to property
of any person or interference with use of such property;
(c)
prohibiting the supply or transmission of electricity except by means of a
system which conforms to the specification as may be specified;
(d) giving
notice in the specified form to the Appropriate Commission and the Electrical
Inspector, of accidents and failures of supplies or transmissions of
electricity;
(e)
keeping by a generating company or licensee the maps, plans and sections
relating to supply or transmission of electricity;
(f)
inspection of maps, plans and sections by any person authorized by it or by
Electrical Inspector or by any person on payment of specified fee;
(g) specifying
action to be taken in relation to any electric line or electrical plant, or any
electrical appliance under the control of a consumer for the purpose of
eliminating or reducing a risk of personal injury or damage to property or
interference with its use;
54.
(1) Save as otherwise exempted under this Act, no person other than Central
Transmission Utility or a State Transmission Utility or a licensee shall
transmit or use electricity at a rate exceeding two hundred and fifty watts and
one hundred volts –
(a) in any street; or
(b) in any place;
(i)
in which one hundred or more persons are ordinarily likely to be assembled; or
(ii)
which is a factory within the meaning of the Factories Act, 1948 or a mine
within the meaning of the Mines Act, 1952; or
(iii)
to which the State Government, by general or special order, declares the provisions
of this sub-section to apply,
without giving, before the
commencement of transmission or use of electricity, not less than seven day's
notice in writing of his intention to the Electrical Inspector and to the
District Magistrate, or the Commissioner of Police, as the case may be,
containing particulars of the electrical installation and plant, if any, the nature
and the purpose of supply and complying with such of the provisions of Part XI of
this Act, as may be applicable:
Provided that nothing in this section
shall apply to electricity used for the public carriage of passengers, animals
or goods, on, or for the lighting or ventilation of the rolling stock of any
railway or tramway subject to the provisions of the Railways Act, 1989.
151. No court shall take cognizance of
an offence punishable under this Act except upon a complaint in writing made by
Appropriate Government or Appropriate Commission or any of their officer authorized
by them or a Chief Electrical Inspector or an Electrical Inspector or licensee
or the generating company, as the case may be, for this purpose.
161.
(1) If any accident occurs in connection with the generation, transmission, distribution,
supply or use of electricity in or in connection with, any part of the electric
lines or electrical plant of any person and the accident results or is likely to
have resulted in loss of human or animal life or in any injury to a human being
or an animal, such person shall give notice of the occurrence and of any such loss
or injury actually caused by the accident, in such form and within such times
as may be prescribed, to the Electrical inspector or such other person as
aforesaid and to such other authorities as the Appropriate Government may by
general or special order, direct.
(2)
The Appropriate Government may, if it thinks fit, require any Electrical
Inspector, or any other person appointed by it in this behalf, to inquire and
report -
(a) as to the cause of any
accident affecting the safety of the public, which may have been occasioned by or
in connection with, the generation, transmission, distribution, supply or use of
electricity, or
(b) as to the manner in,
and extent to, which the provisions of this act or rules and regulations made
there under or of any license, so far as those provisions affect the safety of any
person, have been complied with.
(3)
Every Electrical Inspector or other person holding an inquiry under sub-section
(2) shall have all the powers of a civil court under the Code of Civil
Procedure, 1908 for the purpose of enforcing the attendance of witnesses and
compelling the production of documents and material objects, and every person
required by an Electrical Inspector be legally bound to do so within the
meaning of section 176 of the Indian Penal Code.
162.
(1) The Appropriate Government may, by notification, appoint duly qualified persons
to be Chief Electrical Inspector or Electrical Inspectors and every such Inspector
so appointed shall exercise the powers and perform the functions of a Chief
Electrical Inspector or an Electrical Inspector under this Act and exercise such
other powers and perform such other functions as may be prescribed within such areas
or in respect of such class of works and electric installations and subject to such
restrictions as the Appropriate Government may direct,
(2)
In the absence of express provision to the contrary in this Act, or any rule made
there under, an appeal shall lie from the decision of a Chief Electrical Inspector
or an Electrical Inspector to the Appropriate Government or if the Appropriate
Government, by general or special order so directs, to an Appropriate Commission
Important facts and
figures:
The
Electricity Bill, 2001 was introduced in Lok Sabha on 30th August 2001 and was
subsequently referred to the Standing Committee on Energy for examination and report.
The Standing Committee submitted its report on 19th December 2002 Based on the
recommendations of the Standing Committee on Energy, the Government of India
moved certain amendments. Lok Sabha passed the Electricity Bill, 2001 along with
these amendments, on 9th April 2003.
The
Bill as passed by Lok Sabha was considered and passed by Rajya Sabha on 5th
May, 2003.
The
Electricity Bill 2003 as passed by both Houses of the Parliament received
President's assent on 26th May 2003 and was notified in the Gazette of
India on 2nd June 2003.
The provisions of the Act except
section 121 were brought into force with effect from 10th June 2003.
Background and salient features of the Act:
The
Act strikes a balance, which takes into account the complex ground realities of
the power sector in India with its intractable problems. The salient features
of the Act are;
(i)
The
Central Government to prepare a National Electricity Policy in consultation with
State Governments. (Section 3)
(ii)
Thrust
to complete the rural electrification and provide for management of rural distribution
by Panchayats, Co-operative Societies, Non-Government organizations, franchisees
etc. (Sections 4,5 & 6)
(iii)
Provision
for license free generation distribution in the rural areas. (Section 14)
(iv)
Generation
being de-licensed and captive generation being freely permitted. Hydro projects
would, however, need clearance from the Central Electricity Authority. (Sections
7, 8 & 9)
(v)
Transmission
Utility at the Central as well as State level, to be a Government company - with
responsibility for planned and coordinated development of transmission network.
(Sections 38 & 39)
(vi)
Provision
for private licensees in transmission and entry in distribution through an independent
network. (Section 14)
(vii)
Open
access in transmission from the outset. (Sections 38-40)
(viii) Open access in distribution to be introduced
in phases with surcharge for current level of cross subsidy to be gradually phased
out along with cross subsidies and obligation to supply. SERCs (State Electricity
Regulatory Commission) to frame regulations within one year regarding phasing
of open access. (Section 42)
(ix)
Distribution
licensees would be free to undertake generation and generating companies would be
free to take up distribution businesses. (Sections 7,12)
(x)
The
SERC (State Electricity Regulatory Commission) is a mandatory requirement. (Section
82)
(xi)
Provision
for payment of subsidy through budget, (Section 65)
(xii)
Trading,
a distinct activity is being recognized with the safeguard of the Regulatory Commissions
being authorized to fix ceilings on trading margins, if necessary. (Sections 12,
79 & 86)
(xiii) Provision for reorganization or
continuance of SEBs (State Electricity Boards). (Sections 131 & 172)
(xiv) Metering of all electricity supplied
made mandatory. (Section 55)
(xv)
An
Appellate Tribunal to hear appeals against the decision of the CERC (Central Electricity
Regulatory Commission) and SERCs (State Electricity Regulatory Commission).
(Section 111)
(xvi) Provisions relating to theft of
electricity made more stringent. (Section 135-150)
(xvii) Provisions safeguarding consumer
interests. (Sections 57-59, 166) Ombudsman scheme (Section 42) for consumers'
grievance redressal.
