PUDUCHERRY ELECTRICAL INSPECTORATE (APPOINTMENT OF CHIEF ELECTRICAL INSPECTOR AND ELECTRICAL INSPECTORS) RULES, 2015

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 162 and clause (o) of sub-section (2) of section 180 of the Electricity Act, 2003, (Act No. 36 of 2003), the Lieutenant-Governor, Puducherry hereby makes the following rules, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Puducherry Electrical Inspectorate (Appointment of Chief Electrical Inspector and Electrical Inspectors) Rules, 2015.

(2)     They shall come into force on and from the date of their publication in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Electricity Act, 2003, as amended from time to time;

(b)      "Appellate Authority" in respect of an appeal against the order of an Electrical Inspector means the Chief Electrical Inspector and in respect of an appeal against the order of the Chief Electrical Inspector means the Government;

(c)      "Commission" means the Joint Electricity Regulatory Commission for the State of Goa and Union Territories;

(d)      "Inspector" means a Chief Electrical Inspector or Electrical Inspector as the case may be;

(e)      "Section" means section of the Act;

(f)       "Government" means the Administrator appointed by the President of India under Article 239 of the Constitution of India;

(2)     Words and expression used and not defined in these rules but defined in the Electricity Act, 2003 (36 of 2003), shall have the meanings respectively assigned to them in that Act.

Rule - 3. Constitution of the Electrical Inspectorate.

(1)     The "Puducherry Electrical Inspectorate" shall consist of one Chief Electrical Inspector and three Electrical Inspectors to be appointed by the Government from time to time.

(2)     The Government shall notify the "Puducherry Electrical Inspectorate" as a separate statutory authority to function under the administrative control of the Power Department of the Government of Puducherry.

(3)     The Chief Electrical Inspector shall be designated by the Government to function as the head of the Inspectorate and in his absence, the senior most Electrical Inspector or the appropriate authority nominated by the Government shall discharge the functions of the Chief Electrical Inspector.

(4)     The Government shall delegate appropriate administrative, financial and technical powers to the Chief Electrical Inspector and the three Electrical Inspectors from time to time.

(5)     The head quarters of the Electrical Inspectorate shall be located at Puducherry.

(6)     The Electrical Inspectorate shall discharge the functions as designated under these rules or such other duties and functions as are prescribed by the Government from time to time in the whole of the Union territory of Puducherry.

Rule - 4. Appointment of officers/staff to the Electrical Inspectorate.

The Government may appoint through an appropriate order as many sub-ordinate/complementary officers/staff as it thinks fit to assist the Chief Electrical Inspector and the three Electrical Inspectors to discharge the duties and functions specified under these rules or such other duties and functions as are prescribed by the Government from time to time.

Rule - 5. Qualification for Chief Electrical Inspector.

(1)     No person shall be appointed to be a Chief Electrical Inspector, unless-

(a)      he/she possesses a degree in Electrical Engineering or its equivalent from a recognized University or Institution; and

(b)      he/she should be serving as a Superintending Engineer or in an equivalent post in the Government and should have been regularly engaged for a period of at least twenty years in the field of generation or transmission or distribution of electricity.

(2)     The post of Chief Electrical Inspector shall have a status analogous to that of the Superintending Engineer in the Government and shall have all administrative, financial and technical powers as delegated to that of a Superintending Engineer (Electrical) by the Government from time to time.

(3)     The Government shall notify separate detailed Recruitment Rules for the post of the Chief Electrical Inspector after obtaining the approval of the appropriate authority, wherever required.

(4)     The person appointed as Chief Electrical Inspector shall undergo such training as the Government may consider it necessary for the purpose and such training shall be completed to the satisfaction of the Government.

Rule - 6. Qualification for Electrical Inspectors.

(1)     No person shall be appointed to be an Electrical Inspector, unless-

(a)      he/she possesses a degree in Electrical Engineering or its equivalent from a recognized University or Institution; and

(b)      he/she should be serving as an Executive Engineer or in an equivalent post in the Government and should have been regularly engaged for a period of at least ten years in the field of generation or transmission or distribution of electricity.

(2)     The post of Electrical Inspector shall have a status analogous to that of the Executive Engineer in the Government and shall have all administrative, financial and technical powers as delegated to that of an Executive Engineer (Electrical) by the Government from time to time.

(3)     The Government shall notify separate detailed Recruitment Rules for the post of Electrical Inspector after obtaining the approval of the appropriate authority, wherever required.

(4)     The person appointed as Electrical Inspector shall undergo such training as the Government may consider it necessary for the purpose and such training shall be completed to the satisfaction of the Government.

Rule - 7. Applicability of rules.

These rules shall apply to the whole of the Union territory of Puducherry except the following-

(1)     Generating companies wholly or partly owned by the Central Government;

(2)     Inter-State generation, transmission, trading or supply of electricity and with respect to any mines, oil-fields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations;

(3)     National Load Despatch Centre and Regional Load Despatch Centre; and

(4)     Other works or electric installations belonging to the Central Government or under its control.

Rule - 8. Functions of the Electrical Inspectorate.

(1)     Functions under the Electricity Act, 2003 

(a)      To permit transmission and use of energy by persons other than licensees and sanction holders under section 54 of the Electricity Act, 2003.

(b)      To inquire and report to the Government under section 161 of the Electricity Act, 2003 as to the cause of any electrical accident occurred in connection with the generation, transmission, supply or use of energy and the manner in and extent to which the statutory provisions have been violated.

(2)     Functions under the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010

(a)      To approve and issue permission to commence supply to new installations, additions and alterations to existing installation at HV/EHV under Regulation 43 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(b)      To conduct periodical inspection and testing of electrical installations under Regulation 30 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(c)      To inquire and report to the Government under section 161 of the Electricity Act, 2003 as to the cause of any electrical accident occurred in connection with the generation, transmission, supply or use of energy and the manner in and extent to which the statutory provisions have been violated.

(d)      To grant permission to commission generating units under Regulation 32 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(e)      To grant permission to commence supply to multi storied buildings under Regulation 36 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(f)       To receive notice of failure of supply from suppliers and to inquire into the causes of failure of supplies under Regulation 39 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(g)      To grant permission to energize and use luminous tube sign and similar high voltage installations under Regulation 52 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(h)     To grant permission to energize and use X-ray installations and similar high frequency apparatus under Regulation 54 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(i)       To make decisions on alteration of overhead lines for the purpose of erection of or alteration to buildings, structures, flood banks and elevation of roads under Regulation 63 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(j)       To exercise such other powers and carry out such other functions as are delegated under the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(3)     Functions relating to issue, administration and monitoring of Electrical Licences.

(a)      To grant Electrical Contractor Licences.

(b)      To grant Electrical Supervisor Certificate of Competency.

(c)      To grant Electrical Work Permit.

(d)      To conduct examinations for issue of Electrical Supervisor Certificates and Electrical Work Permits.

(e)      To inquire into allegations of incompetence, negligence, breach of provision of the Puducherry Electricity Licensing Board Rules or other cases of malpractice on the part of Electrical Contractor licence holder, Electrical Supervisor Certificate holder and Electrical Work Permit holder.

(4)     Functions under Quality Control Orders of Government of India.

(a)      To implement the provisions of electrical wires, cables, appliances and protection devices and accessories (Quality Control) Order, 2003 which prohibit manufacture, stock for sale, sell or distribute any electrical wires, cables, appliances, protection devices and accessories which do not conform to the specified standards and do not bear standard mark of the Bureau of Indian Standards on obtaining certification marks/licence.

(b)      To implement the Household Appliances (Quality control) Order, 1981, which prohibits manufacture, store for sale, sell or distribute any household electrical appliance which does not conform to the specified standards.

(5)     General non-statutory functions

To develop and maintain a "Meter Testing and Standards Laboratory" to offer facility for testing and calibration of various types of meters, instruments, equipments, transformers, conductors, cables, switchgears and relays. The laboratory shall also be developed to have facility for offering assistance for quality control, harmonic analysis, testing of transformers oil and mobile testing at site. Necessary setups shall also be taken to get approval from Bureau of Indian Standards for recognition of the laboratory as a Nodal Laboratory under B.I.S. Laboratory Recognition Scheme for conducting type testing of ISI marked products in accordance with the relevant Indian Standards.

Rule - 9. Duties and responsibilities of the Chief Electrical Inspector.

(1)     The Chief Electrical Inspector shall function as the head of the Electrical Inspectorate and shall control, administer, oversee and manage the duties and functions as assigned to the Electrical Inspectorate under these rules or such other duties and functions as are prescribed by the Government from time to time.

(2)     The Chief Electrical Inspector shall also function as the 'Designated Authority' for issue, administration and monitoring of Electrical Licences under Regulation 29 of the Central Electricity Authority (Measures relating to safety and electric supply) Regulation, 2010.

(3)     The Chief Electrical Inspector shall also function as the 'Appropriate Authority' appointed by the Government to implement the Provisions of electrical wires, cables, appliances and protection devices and accessories (Quality control) Order, 2003.

(4)     The Chief Electrical Inspector shall also function as the 'Appropriate Authority' appointed under the Household appliances (Quality control) Order, 1981.

(5)     The Chief Electrical Inspector shall also perform such other duties and functions and in the manner as prescribed by the Government from time to time.

(6)     The Chief Electrical Inspector shall have powers to allocate and assign such duties and functions as defined under these rules or such other duties and functions as are prescribed by the Government from time to time to sub-ordinate officials including the Electrical Inspectors.

Rule - 10. Duties and responsibilities of the Electrical Inspector.

The Electrical Inspesctors shall function under the control of the Chief Electrical Inspector and shall assist the Chief Electrical Inspector to perform the duties and functions as defined under these rules and such other duties and functions as are prescribed by Chief Electrical Inspector from time to time.

Rule - 11. Powers of entry and inspection.

(1)     The Chief Electrical Inspector or the Electrical Inspector shall have powers to inspect the works and electrical installations in his/her area in respect of which, such an Inspector has been directed by the Government to exercise his/her powers and perform functions under sub-section (1) of the section 162 of the Act.

(2)     The Chief Electrical Inspector or the Electrical Inspector may enter, inspect and examine any place, carriage or vessel in which he has reason to believe that there is any appliance or apparatus used in the generation, transmission, transformation, conversion, distribution or use of energy and may carry out tests therein.

(3)     Every supplier, consumer, owner and occupier shall afford all reasonable facilities to any such Inspector to make such examinations and tests as may be necessary to satisfy himself as to the due observance of the safety regulations as specified by the Authority under section 53 of the Act.

(4)     An Inspector may require a supplier of the electricity to submit to him a list of all persons supplied with energy by him, the addresses at which such energy is supplied, the month of connecting services, the voltage or supply, the connected load and the purpose of supply and the supplier shall comply with such requisitions.

(5)     Every licensee and every owner of a generating station shall, if required so to do by an Inspector, provide reasonable means for carrying out all tests, specified under the Act or regulations thereunder, of the appliances or apparatus used for the supply or use of energy by him, as the case may be.

(6)     Upon such inspection, the Chief Electrical Inspector or the Electrical Inspector may serve an order, within 15 days from the date of such inspection, in the Form A, to any licensee, consumer, owner or occupier, calling upon him to comply with any specified regulation and the person so served shall thereupon comply with the order within the period specified therein and shall report in writing to the Inspector serving the order mentioning therein as to when the order has been complied with:

Provided that, if within the period specified in the aforesaid order an appeal is filed against the order by the person on whom such order has been served, the appellate authority may suspend its operation pending the decision of the appeal.

Rule - 12. Appeals.

(1)     An appeal against an order served under these rules shall lie-

(a)      if the order is served by an Electrical Inspector, to the Chief Electrical Inspector;

(b)      if the order is served by a Chief Electrical Inspector, to the Government.

(2)     In the case of an order of Chief Electrical Inspector on an appeal preferred to him under clause (a) of sub-rule (1), a further appeal shall lie to the Government.

(3)     Every appeal made under sub-rule (1) shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within three months of the date on which such order has been served or delivered, as the case may be.

(4)     An appeal shall be disposed off within ninety days from the date of receipt of the appeal.

Rule - 13. Amount of fees.

The Government may prescribe such fees for testing, inspection and other services of Inspectors from time to time.

Rule - 14. Incidence of fees recoverable in the cases of dispute.

Where ah Inspector is called in to decide any difference or dispute and where a fee for such service is recoverable, the Inspector shall decide by whom such fee shall be payable.

Rule - 15. Submission of records.

An Inspector may require a supplier or an owner to submit to him for examination any records of tests made in connection with his works and he shall comply with such requisition Similarly, a supplier or an owner may require the Inspector to submit to him, for examination any records of test made by the Inspector in connection with his works and the Inspector shall comply with such requisition.