(To be published in Part II, Section 3, Sub-Section (i) of the Gazette of India,
Extraordinary dated !, "##$!)
G%&E'()E(T %* I(+I, )I(IST'- %* P%.E' (e/ +elhi, the , "##$ (otification G!S!' (E)! - In exercise of the po/ers conferred by clauses (x) and (z) of sub-section (") of section 012 and by sub-section (0) of section 02" of the Electricity ,ct, "##3 (32 of "##3) the 3entral Go4ern5ent hereby 5a6es the follo/in7 rules re7ardin7 8ualifications for and Po/ers and *unctions of 3hief Electrical Inspector or Electrical Inspectors! 0! Short title and co55ence5ent 9 (0) These rules 5ay be called the 8ualifications and Po/ers and *unctions of 3hief Electrical Inspector or Electrical Inspectors 'ules, "##$! (") They shall co5e into force on the date of their publication in the %fficial Gazette! "! +efinitions!- (0) In these rules unless the context other/ise re:uires,- (a) ;,ct< 5eans the Electricity ,ct, "##3= (b) ;Section< 5eans section of the ,ct! (c) ;Inspector< 5eans a 3hief Electrical Inspector or Electrical Inspector as the case 5ay be!
(") .ords and expression used and not defined in these rules but defined in the Electricity ,ct, "##3 (32 of "##3), shall ha4e the 5eanin7s respecti4ely assi7ned to the5 in that ,ct! 3! 8ualification for 3hief Electrical Inspector!- (o person shall be appointed to be a 3hief Electrical Inspector unless- 0 (a) he possesses a de7ree in electrical en7ineerin7 or its e:ui4alent fro5 a reco7nized >ni4ersity or Institution and has /or6ed in the 7rade of 3hief En7ineer or e:ui4alent! (b) he has been re7ularly en7a7ed for a period of at least t/enty fi4e years in the practice of electrical en7ineerin7 of /hich not less than t/o years ha4e been spent in an electrical or 5echanical en7ineerin7 /or6shop or in 7eneration or trans5ission or distribution of electricity, or in the ad5inistration of the ,ct and these rules, in a position of responsibility ? @! 8ualifications for Electrical Inspectors!- (0) (o person shall be appointed to be an Electrical Inspector unless - (a) he possesses a +e7ree in Electrical En7ineerin7 or its e:ui4alent fro5 a reco7nized >ni4ersity or Institution= and (b) he has been re7ularly en7a7ed for a period of at least fifteen years in the practice of electrical en7ineerin7, of /hich not less than one year has been spent in an electrical or 5echanical en7ineerin7 /or6shop or in 7eneration or trans5ission or distribution of electricity, or in the ad5inistration of the ,ct and these rules, in a position of responsibility ? (") The person appointed as Electrical Inspector shall under7o such trainin7 as the 3entral Go4ern5ent 5ay consider it necessary for the purpose and such trainin7 shall be co5pleted to the satisfaction of the ,ppropriate Go4ern5ent! $! Powers of the Chief Electrical Inspector and Electrical Inspector. (1) The 3hief Electrical Inspector or Electrical Inspector shall ha4e po/ers to inspect those /or6s and electrical installations in his area once in a period of fi4e years in respect of /hich, such an Inspector has been directed by the appropriate Go4ern5ent to exercise his po/ers and perfor5 functions under sub-section (0) of the Section 02" of the ,ct! (") The Inspector shall exercise po/ers and perfor5 functions subAect to the super4ision and control of the appropriate 3o55ission! 2! Powers of Entry and inspection. - *or carryin7 out inspections as referred to in rule $ (0) abo4e= " (0) Inspector 5ay enter, inspect and exa5ine any place, carria7e or 4essel in /hich he has reason to belie4e that there is any appliance or apparatus used in the 7eneration, trans5ission, transfor5ation, con4ersion, distribution or use of ener7y and 5ay carry out tests therein! (") E4ery supplier, consu5er, o/ner and occupier shall afford all reasonable facilities to any such Inspector to 5a6e such exa5inations and tests as 5ay be necessary to satisfy hi5self as to the due obser4ance of the Safety 'e7ulations as specified by the ,uthority uBs $3 of the ,ct! (3) E4ery licensee and e4ery o/ner of a 7eneratin7 station shall, if re:uired so to do by an Inspector, pro4ide reasonable 5eans for carryin7 out all tests, specified under the ,ct, of the appliances or apparatus used for the supply or use of ener7y by hi5 as the case 5ay be! (@) >pon such inspection, an Inspector 5ay ser4e an order in the Form A, upon any licensee, consu5er, o/ner or occupier, callin7 upon hi5 to co5ply /ith any specified re7ulation and the person so ser4ed shall thereupon co5ply /ith the order /ithin the period specified therein, and shall report in /ritin7 to the Inspector ser4in7 the order /hen the order is co5plied /ith? Pro4ided that, if /ithin the period specified in the aforesaid order an appeal is filed a7ainst the order, the appellate authority 5ay suspend its operation pendin7 the decision of the appeal! 7. Appeals. - (0) ,n appeal a7ainst an order ser4ed under these rules shall lie - (a) if the order is ser4ed by an Electrical Inspector, to the 3hief Electrical Inspector= (b) if the order is ser4ed by a 3hief Electrical Inspector, to the appropriate 3o55ission! (") In the case of an order of 3hief Electrical Inspector on an appeal preferred to hi5 under clause (a) of sub-rule (0), a further appeal shall lie to the appropriate 3o55ission!
(3) E4ery appeal 5ade under sub-rule (0) shall be in /ritin7 and shall be acco5panied by a copy of the order appealed a7ainst and shall be presented 3 /ith 3 5onths of the date on /hich such order has been ser4ed or deli4ered as the case 5ay be! . Amo!nt of fees. - The 3entral Go4ern5ent or the State Go4ern5ent as the case 5ay be, 5ay le4y such fees for inspection by Inspectors as it 5ay fro5 ti5e to ti5e by 7eneral or special order, direct, and 5ay, if it thin6s fit, re5it any fee or any portion thereof! %ne rupee sta5p *%') , F"#$ "F "#%E# To 0! .hereas the installation /as inspected on !!and /hereas it appears to 5e that you ha4e not co5plied /ith the rules 5ade under clause (x) of sub-section (") of section 012 and the re7ulations 5ade under section $3 of the ,ct, in the follo/in7 respect (particulars to be 7i4en /here necessary) na5ely you are hereby called upon to co5ply /ith the said rule(s)Bre7ulations(s) on or before ! day of !and to report co5pliance in /ritin7 to 5e! "! ,n appeal 5ay be filed a7ainst this order under sub-rule (@) rule $ of the aforesaid 'ules, /ithin three 5onths of the date on /hich this order is ser4ed or deli4ered or is dee5ed to ha4e been deli4ered but this order 5ust be co5plied /ith, not/ithstandin7 such appeal, unless the appellate authority on or before the date specified in para7raph abo4e, suspends its operation! +ated at The day of! Si7nature 3hief Electrical Inspector or Electrical Inspector @ (Ajay Shankar) Coint Secretary to the Go4ern5ent of India *!(o! "3B3B"##@-'D' To The )ana7er, Go4ern5ent of India Press, )ayapuri, (e/ +elhi $ &ac'(ro!nd )ote *e(al position 0! The Electricity ,ct "##3 in its Section 02" pro4ides the follo/in7? ;(0)The ,ppropriate Go4ern5ent 5ay, by notification, appoint duly :ualified persons to be 3hief Electrical Inspector or Electrical Inspectors and e4ery such Inspector so appointed shall exercise the po/ers and perfor5 the functions of a 3hief Electrical Inspector or an Electrical Inspector under this ,ct and exercise such other po/ers and perfor5 such other functions as may +e prescri+ed /ithin such areas or in respect of such class of /or6s and electric installations and subAect to such restrictions as the ,ppropriate Go4ern5ent 5ay direct! (") In the absence of express pro4ision to the contrary in this ,ct, or any rule 5ade thereunder, an appeal shall lie fro5 the decision of a 3hief Electrical Inspector or an Electrical Inspector to the ,ppropriate Go4ern5ent or if the ,ppropriate Go4ern5ent, by 7eneral or special order so directs, to an ,ppropriate 3o55ission!< "! Section 012(") (x) of the ,ct pro4ides that the 3entral Go4ern5ent has rule 5a6in7 po/er for prescribin7 the po/ers to be exercised and the functions to be perfor5ed by the Inspectors under sub-section (0) of Section 02"! 3! >nder the repealed Indian Electricity ,ct, 0E0#, the Indian Electricity 'ules, 0E$2 /ere notified by the 3entral Electricity Foard /hich laid do/n not only the :ualification and po/ers of the Electrical Inspectors but also 4arious other 5atters includin7 the 5easures re7ardin7 safety etc! In the ne/ la/ i!e! Electricity ,ct "##3, 3E, has been 7i4en the function of specifyin7 suitable 5easures relatin7 to safety uBs $3 of the ,ct! Therefore, the sche5e of ne/ la/ is different fro5 the sche5e of the repealed la/! In the ne/ la/, safety 5easures are to be specified throu7h re7ulations by 3E, but the po/ers and functions of the Electrical Inspectors are to be prescribed by the 3entral Go4ern5ent throu7h rules! @! Section 0@" and 0@2 of the Electricity ,ct pro4ide for punish5ent for non- co5pliance of the rules or re7ulations 5ade under the ,ct! >nder section 0@2 it is a cri5inal offence! $! 'e7ardin7 the liability of co5pensation for da5a7es for causin7 inAury or death of a hu5an bein7 /ho 7ets un6no/in7ly trapped into electrical syste5s has been ascertained! The Supre5e 3ourt has held that the sole liability to co5pensate the sufferer is that of the supplier of the electrical ener7y! It has also been held that the exception of Gact of stran7erH under the la/ of Torts is also not a4ailable to supplier of electricity in cases of electrocution! The basis of such liability is the ris6 inherent in the 4ery nature of such acti4ity! 2 ,ey Areas 2! *ollo/in7 are the broad areas in4ol4ed for fra5in7 these rules! I! Po/ers and functions of the Electrical Inspectors II! 8ualification and nu5bers of these Inspectors Powers and f!nctions of the Electrical Inspectors 1! &arious po/ers and functions of the Electrical Inspectors, as laid do/n in the Indian Electricity 'ules, 0E$2 can be su55arized in the follo/in7 5anner? i) Po/er of entry and inspection ('ule $)= ii) Po/er to cancel or a5end the authorization of a person 7i4en by the o/ner or the supplier to carry out 4arious duties re7ardin7 safety 5easures ('ule 3)= iii) Po/er to call for records of tests= i4) ,ppro4al of the Inspector for co55encin7 or re-co55encin7 of supply after installation has been disconnected for 5ore than year ('ule 23, 2@ D 2$)= 4) Periodical inspection, testin7 and installation ('ule @2)= 4i) Installation and testin7 of 7eneratin7 units before co55issionin7 ('ule @1 ,)= 4ii) Ta6in7 action, if the Inspector has reasons to belie4e that there is so5e defect in the installation /hich 5ay cause inAury ('ule @E, 0"")= 4iii) ,bout inti5ation of accidents ('ule @@ ,)= ix) Po/er to appro4e alterations to buildin7s, structures, flood ban6s etc! ('ule I")= x) +iscretion of 7i4in7 directionsBexe5ptions in the 5atters of safety 5easures or recei4in7 infor5ation in ad4ance about use of particular type of de4ices ('ule 3", 3@, 32, 3E, @3, @@, $0, 2#, 20, 21, 10, 1", 13, I0, I$, I1, E0, E3, 0#", 0#2, 00$, 0"0, 0"2, 0"E, 03#, 03", 03@)= xi) Prescribin7 4arious for5sBplans ('ule @1, 000)= xii) Special pro4isions re7ardin7 the supply and use of ener7y in 5ultistoried buildin7s ('ule $# ,)= xiii) Super4ision of 5ines, oil /ells, oil fields ('ule 030) xi4) Infor5ation about failure of supply to Inspector B 'e7ulatin7 ti5e of supply disruption ('ule $E)= x4) Ta6in7 action, if the consu5er is not satisfied /ith the refusal of the supplier to 7i4e supply on the 7round that the installation is defecti4e ('ule $")= x4i) Testin7 of 5eters and related appliance ('ule $1)= x4ii) Po/ers to call for list of consu5ers and other related details ('ule 0#) I! In the abo4e list, a) The function listed at S!(o! (4iii) has been co4ered separately under section 020 of the Electricity ,ct! 1 b) The 5atters listed fro5 S!(o! (ix) to (xiii) should be dealt /ith in sufficient details in the safety re7ulations to be specified by 3E, /ithout lea4in7 any scope for discretion! *or this purpose, necessary 5ar7ins or tolerances could be specified! c) The 5atters listed at S!(o! (xi4) to (x4i) co5e under the pur4ie/ of the appropriate 'e7ulatory 3o55ission under the ne/ le7al fra5e/or6! d) 'e7ardin7 the 5atter listed at (x4ii), it 5ay be noted that the Section 1@ of the Electricity ,ct "##3 7i4es po/ers to 3E, for collectin7 such statistics, returns or other infor5ation relatin7 to 7eneration, trans5ission, distribution, tradin7 and use of electricity fro5 the licensees, 7eneratin7 co5panies or persons 7eneratin7 electricity for their o/n use at such ti5es and in such for5s and 5anners, as 5ay be specified by the ,uthority! This lea4es us to deal /ith the areas listed fro5 S!(o! (i) to (4ii)! E! In the existin7 Electricity 'ules 0E$2, 4arious inspections (at the co55issionin7, periodical as /ell as e5er7ency) /ere re:uired to be done by the Electrical Inspector or officers to assist the Inspector! These rules /ere fra5ed in 0E$2! Since then the nu5ber of installations and nu5ber of consu5ers ha4e 7ro/n 5anifold! *or exa5ple, installed capacity has increased fro5 about 3### ). to 0,0I,### ).! Jen7th of trans5ission and distribution lines has 7ro/n fro5 I$,### c6t 65 to 2@,##,### c6t 65! The nu5ber of consu5ers has increased to 5ore than 03 crore! (u5ber of electrified 4illa7es has 7ro/n fro5 1,"E@ to about $ la6h! %b4iously, it /ill no lon7er be possible to ensure the co5pliance of safety re7ulations by lar7e nu5ber of consu5ers and nu5ber of installations directly throu7h the Electrical Inspectors and fe/ %fficers to assist the5! If the existin7 syste5 is 5ade to continue, it is 5ost li6ely to not only cause delays but also /ill affect the :uality co5pliance /ith the safety re7ulations! .e /ill ha4e to loo6 for alternati4e syste5s! In this context, an exa5ple can be ta6en of ener7y auditors put in place under the fra5e/or6 of the Ener7y 3onser4ation ,ct "##0! Sa5ple chec6in7 can be conducted by statutory authorities! 0#! *ollo/in7 6ey aspects e5er7e? a) In the ne/ le7al fra5e/or6, institution of Electricity 'e7ulatory 3o55ission has been pro4ided for re7ulatin7 the po/er sector entities! This institution /as not there /hen Indian Electricity 'ules 0E$2 /ere fra5ed /hich en4isa7ed /ide po/ers to Electrical Inspectors! b) It /ill be in the interest of co5pliance /ith the Safety 'e7ulations that a sin7le point responsibility syste5 is adopted! ,ccordin7ly, ,ppropriate Electricity 'e7ulatory 3o55issions should enforce the Safety 'e7ulations as they are enforcin7 the other re7ulations! c) *ollo/in7 pro4isions of the Electricity ,ct "##3 are rele4ant in this re7ard? Section 0@" of the ,ct 7i4es the po/er to the 'e7ulatory 3o55issions for punishin7 for non-co5pliance the pro4isions of the ,ct, the rules or re7ulations 5ade thereunder! The pur4ie/ of these po/ers 7i4en to the appropriate 'e7ulatory 3o55ission is 4ery /ide since the 3o55ission I can i5pose penalty on Gany personH! This /ould include not only the 7eneratin7 co5panies, licensees but also consu5es! Section 0@2 of the ,ct pro4ides that contra4ention, atte5ptin7 or abettin7 contra4ention of any pro4ision of the ,ct, rule or re7ulation 5ade thereunder shall be a punishable offence! Section $1 of the ,ct e5po/ers a 'e7ulatory 3o55ission to deter5ine the co5pensation to be paid by the licensee to the affected person in case the licensee fails to 5eet the standards of perfor5ance! Section 0# of the ,ct pro4ides that it shall be the duty of a 7eneratin7 co5pany to establish, operate and 5aintain 7eneratin7 stations and associated facilities in accordance /ith the pro4isions of the ,ct, rules or re7ulations! Section "@ of the ,ct e5po/ers appropriate 3o55ission to suspend the distribution licence, inter alia, on the 7round that the licensee has been enable to dischar7e the function or perfor5 the duties i5posed by the pro4isions of the ,ct! The appropriate 3o55ission can re4o6e the licence uBs 0E of the ,ct if the licensee indul7es in prolon7ed and /ilful default in co5plyin7 /ith the pro4isions of the ,ct, rules or re7ulations! Section 02" further pro4ides that, by the order of the appropriate Go4ern5ent, the appeal a7ainst the order of Electrical Inspector shall lie before the appropriate 3o55ission! d) There 5ay be so5e concern about the safety in the consu5ers installations! In this context, it is rele4ant that Section $3 of the ,ct e5po/ers 3E, to pro4ide Safety 'e7ulations, inter alia, relatin7 to use of electricity supplied! ,lso, as indicated abo4e, Section 0@" of the ,ct e5po/ers the 'e7ulatory 3o55ission to punish Gany personH for non-co5pliance of the re7ulations! 00! ,ccordin7ly, follo/in7 has been proposed? a) The o/ner of an Gelectric plantH, Gelectric lineH or GsupplierH or Gconsu5erH (as defined in the Electricity ,ct "##3) /ill be re:uired to e5ploy :ualified and trained persons for construction, co55issionin7, operation and 5aintenance of these installations! The :ualification and trainin7 of such persons should be specified in the safety re7ulations of 3E,! b) Such o/ner or supplier should also be re:uired, throu7h re7ulations, to 7et his installation inspected by an authorized Gsafety auditorH before the co55issionin7 of the installation and also once in a year! The function of accreditin7 GSafety ,uditorsH to carry out yearly inspections /ill be dischar7ed by the concerned 'e7ulatory 3o55issions! 8ualification for accreditation /ould be as specified in Safety 'e7ulations of 3E,! c) The 3hief Electrical Inspector or Electrical Inspector should ha4e po/ers to inspect the installations once in a defined period and also to o4ersee /hether the authorized safety auditors ha4e properly exa5ined the co5pliance of Safety 'e7ulations! E 0"! -!alification and n!m+ers of Electrical Inspectors *ollo/in7 issues are re:uired to be dealt /ith in this re7ard? ,rea of expertise Je4els of Inspectors 8ualification and experience 'e7ardin7 the area of expertise It 5aybe noted that in the existin7 0E$2 'ules, the Electrical Inspectors are re:uired to ha4e :ualification in the field of Electrical En7ineerin7! It is felt that the area of :ualification should be 6ept as Electrical En7ineerin7! This is so because the ter5inolo7y of GElectrical InspectorH itself connotes that these functionaries are to inspect electrical installations! 'e7ardin7 the le4els of Inspectors It 5ay be noted that the Section 31 of the Indian electricity ,ct 0E0# itself pro4ided for Electrical Inspectors or other %fficers of a specified ran6! The 0E$2 'ules pro4ided for the Electrical Inspectors and the %fficers appointed to assist the Inspectors! In the Electricity ,ct "##3, there is pro4ision only for the 3hief Electrical Inspector and the Electrical Inspectors! There is no 5ention of any other hierarchy of Inspectors or %fficers to assist the5! Therefore, :ualification only for appoint5ent of 3hief Electrical Inspector and Electrical Inspectors is bein7 prescribed! 'e7ardin7 the :ualification and experience It is proposed that a +e7ree in Electrical En7ineerin7 and an experience of "$ years should be prescribed for a person bein7 appointed as 3hief Electrical Inspector! *or appoint5ent to the post of Electrical Inspectors, a +e7ree in Electrical En7ineerin7 and an experience of 0$ years has been proposed! 03! +raft rules ha4e been fra5ed to reflect the follo/in7? a) 'esponsibility of enforce5ent of Safety 'e7ulations specified by 3E, is to be dischar7ed by 'e7ulatory 3o55issions as per the pro4isions of the ,ct! This /ould ensure super4ision by sin7le a7ency and sin7le point responsibility /hich /ill be in the interest of better co5pliance /ith the re7ulations! 0# b) Electrical Inspectors /ould be 7i4en the function of carryin7 out periodical inspection of the electrical installations, once in fi4e years, to ensure pre4enti4e co5pliance /ith the re7ulations! c) Inspectors /ill /or6 under the super4ision and control of the 'e7ulatory 3o55issions! d) ,ppeal a7ainst the order of the Inspectors /ould lie before the 'e7ulatory 3o55issions! 00