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EX
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2
(NO.PATNA 1194) PA
BIHAR ELECTRI
COMPENS
ACC
No. BERC-SMP-4A
section 181 (1) and 181
Electricity Act, 2003 (36 o
the Bihar Electricity Re
Regulations:-
1.
Short Title,
1.1
These Regul
Commission
Regulations,
1.2
These Regula
1.3
These Regula
as well as
respective lic
2.
Definitions
2.1
These Regula
publication i
(1)
‘Authority’ m
constituted u
REGISTERED
Bihar Gazett
Bihar Gazett
Bihar Gazett
Bihar Gazett
XTRA ORDINARY
SHED BY AUTHORITY
27 Agrahayana 1940(S)
ATNA, Tuesday, 18TH DECEMBE
ICITY REGULATORY COMMISSION, PATN
SATION TO VICTIMS OF ELECTRICAL
CIDENTS REGULATIONS, 2018
————
Notification
The 17th December, 2018
A/2017-14—In exercise of powers confe
1 (2) (za) read with sections 57,58 and
of 2003) and all other powers enabling it in
egulatory Commission hereby makes th
CHAPTER-I
PRELIMINARY
Commencement and Extent:—
ations may be called the Bihar Electricity
(Compensation to Victims of Electrical
2018.
ations extend to the whole state of Bihar.
ations shall be applicable to all Generating
transmission and distribution licensee
censed areas in the State of Bihar.
and Interpretation:—
ations shall come into force from the date o
in the official gazette.
means the Central Electricity Authority (CE
under section 70 of the Electricity Act, 200
NO. PT.-40
tetetete
ER 2018
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erred under
d 59 of the
this behalf,
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of their
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3
2
BIHAR GAZETTE (EXTRA) 18TH DECEMBER 2018
(2)
‘Commission’ means the Bihar Electricity Regulatory
Commission.
(3)
‘Dependents’ means persons who are entitled to succeed to the
estate of the deceased as per the personal law by which the
deceased was governed;
(4)
‘Grievous hurt’ means grievous hurt as defined in Section 320 of
the Indian Penal Code, Central Act XLV of 1860;
(5)
‘Hurt’ means hurt as defined in Section 319 of the Indian Penal
Code, Central Act XLV of 1860;
(6)
‘Licensee’ means a person who has been granted a licence under
Section 14 of the Electricity Act 2003, including a deemed licensee
under the said provision;
2.2
Words and expressions used and not defined in these Regulations
but defined in the Electricity Act, 2003 or “Bihar Electricity
Regulatory Commission (Standards of Performance of Distribution
Licensee) Regulations, 2006” made thereunder, shall have the
meanings respectively assigned to them therein.
CHAPTER-II
STANDARDS OF PERFORMANCE
3.
Safety Standards:—
(1)
The works of licensees shall be so installed, constructed,
maintained or operated or used as to protect the public (including
the
persons
engaged
in
the
generation,
transmission
or
distribution or trading) animals and property from dangers arising
from the generation, transmission or distribution or trading of
electricity or use of electricity supplied and eliminate the risks of
any injury to any person or animal.
(2)
The licensees shall comply with all the mandatory safety
requirements and take all necessary measures to protect human
beings and animals from injury by reason of contact with, or the
proximity of, or by reason of the defective or dangerous condition
of
any
appliance or
apparatus
used
in
the
generation,
transmission, distribution, supply or use of energy.
(3)
The licensees shall strictly comply with the Central Electricity
Authority (measures relating to safety and electric supply)
Regulations, 2010 as amended from time to time and any further
suitable measures or requirements that may be specified by the
Central Electricity Authority under Section 53 (a) and (b), Section
73 (c) and Section 177 (2) (b) of the Electricity Act, Central Act 36
of 2003 relating to safety and electric supply.
The above safety standards shall be in addition to the safety
standards prescribed in SoP Regulations.
4.
Liability for compensation:—
(1)
The licensee failing to meet the standards of performance specified
in Regulation 3 above shall be liable to pay compensation as
specified in these Regulations to the person affected for loss of
human or animal life or injury to human beings or animals or
property in consequence of an electrical accident.
(2)
Whether or not there has been any wrongful act, omission,
rashness, neglect or default on the part of the licensee and
generating companies as the case may be as would entitle the
person affected to maintain a civil action for recovery of any
damages or compensation or maintain a prosecution for invoking
3
BIHAR GAZETTE (EXTRA), 18TH DECEMBER 2018
criminal liability in respect thereof, the licensee and generating
companies as the case may be shall, notwithstanding anything
contained in any other law in force, be liable to pay compensation
to such extent as specified in these Regulations, if an electrical
accident occurs, resulting in loss of human or animal life or injury
to human beings or animals unless the electrical accident
primarily was not due to the failure of the licensee generating
companies as the case may be to meet the standards of
performance but was a direct or proximate result of intervention of
some other extraneous reason or cause:
Provided that if the loss of human life is due to suicide or
homicide or the injury to a human being is due to an attempt to
commit suicide or homicide, the licensee generating companies as
the case may be shall not be liable to pay any compensation for
the same under these Regulations.
CHAPTER – III
COMPENSATION
5.
Quantum of compensation:—
(1)
The compensation payable for loss of human life as a result of an
electrical accident shall be Rupees four lac per person.
(2)
A sum of Rupees 2,00,000/- (Two lac) per person in case of more
than 60% disability and Rupees 60,000/- (Sixty Thousand) per
person in case of disability between 40% and 60% shall be paid as
compensation for electric accidents. The amount of compensation
will be payable on the certificate with regard to percentage of
disability granted by the civil surgeon of the respective area.
(3)
A sum of Rupees 15,000/- per person requiring hospitalisation for
more than a week and Rs. 5000/- per person requiring
hospitalisation for less than a week shall be paid subject to
production of Govt. Hospital/Hospital approved under CGHS bills
dully certified by the concerned hospitals.
(4)
The compensation payable for loss of animal life as a result of an
electrical accident shall be payable at the following rates:-
(a)
Milch Animals—
(i)
Rs. 30,000/-Buffalo/Cow/Camel/Yak/Mithun etc.
(ii)
Rs. 3,000/-Sheep/Goat/Pig etc.
(b)
Draught animals—
(i)
Rs.25000/- Camel/ horse/ bullock, etc.
(ii)
Rs.16,000/- Calf/ Donkey/ Pony/ Mule
The assistance may be restricted for the actual loss of
economically productive animals and shall be subject to a ceiling
of 3 large mulch animal or 30 small mulch animals or 3 large
draught animal or 6 small draught animals per household
irrespective of whether a household has lost a larger number of
animals. (The loss is to be certified by the Competent Authority
designated by the State Government).
(c)
Poultry:- Poultry@50/-per bird subject to a ceiling of assistance
of Rs. 5000/- per beneficiary household.
6.
Assessment of Compensation:— The quantum of compensation
payable in respect of death or injury to a human being or an
animal shall be arrived at by the licensee as specified in the
guidelines to be framed by the licensee. The licensee shall frame
4
BIHAR GAZETTE (EXTRA) 18TH DECEMBER 2018
guidelines within three months from the date of the publication of
these regulations in the official gazette.
7.
Other rights and remedies unaffected:—The right of any person
to claim compensation as above shall not affect the right of any
such person to recover the compensation payable under any other
law for the time being in force but the amount paid as
compensation under these Regulations shall be duly given credit
to in any such compensation payable under any such statutory or
civil or other liability.
8.
Contracts or Schemes Unaffected:—The right of any person to
otherwise claim compensation under any contract or scheme
providing for payment of compensation for death or personal
injury or any sum payable under any policy of insurance shall
remain unaffected by any payment of any sum made under these
Regulations.
9.
Periodical revision of the quantum of compensation:—The
Commission may, in consultation with the licensees and for
reasons to be recorded in writing, enhance the limits of
compensation specified Regulation 5 above, on expiry of a period
of two years from the date of these Regulations coming into force
and thereafter, on expiry of two years from each enhancement.
CHAPTER-IV
PROCEDURE
10.
Occurrence report of an Electrical Accident:—
(i)
In addition to an independent intimation of accident, the Junior
Electrical Engineer or the Assistant Electrical Engineer of the
licensee concerned shall send a report under proper receipt
through a special messenger to the Chief Electrical Inspector and
to the Electrical Executive Engineer concerned forthwith on the
knowledge of an electrical accident in the form set out in
Annexure-I to these Regulations so as to reach the said Chief
Electrical Inspector and Electrical Executive Engineer within
twenty four hours of the electrical accident.
(ii)
The records of all such electrical accidents shall be maintained
along with the enquiry report prepared under Regulation 11 and
investigation report of the Chief Electrical Inspector.
11.
Enquiry Report:—
The Electrical Executive Engineer shall, within 15 days
from the receipt of a report of an electrical accident, submit a
detailed report through proper channel to the Managing Director
of the licensee concerned after conducting a detailed enquiry of
the said accident. The report of the Electrical Executive Engineer
shall also make specific recommendations on the quantum of
compensation and persons entitled to the same.
Notwithstanding above, the dependents of a person who
died in an electrical accident or a person affected by the injury
caused to himself or an animal are at liberty to make a claim for
compensation in the form set out in Annexure-II to these
Regulations presented in person or sent by post to the Director
Operation of the licensee concerned who shall cause such claim to
be enquired into and determined in accordance with these
Regulations:
5
BIHAR GAZETTE (EXTRA), 18TH DECEMBER 2018
Provided that irrespective of making of such a claim or not,
the determination of the quantum of compensation and the
persons entitled to the same shall be made in accordance with
these Regulations whenever such compensation is payable under
these Regulations.
12.
Verification and Final Orders:—
i)
The authority of the concerned licensee, as specified in the
guidelines to be framed by the licensee, may cause
verification of the contents of the occurrence report of the
Junior Electrical Engineer or Assistant Electrical Engineer
and the Enquiry Report of the Electrical Executive Engineer,
by himself or through such other officer of the licensee as he
may
duly
authorize
in
this
behalf
and
assess
the
compensation in the manner specified under Regulation 6
above.
ii)
The authority of the licensee may thereupon pass final orders
determining the quantum of compensation payable and the
persons entitled to the same, namely the dependents of the
deceased person or the injured person or the owner of the animal,
as the case may be.
Provided that the authority of the licensee shall, for
evaluation of various disabilities and procedure for certification of
disabilities, follow the State Government Guidelines on such
matters.
iii)
Such verification, assessment and passing of final orders on any
compensation payable and the persons to whom it is payable shall
be completed within 15 days from the date of receipt of a report
from the Electrical Executive Engineer:
Provided that for reasons to be recorded in writing, such
verification and final orders may be made within a period of 30
days from the date of receipt of the enquiry report from the
Electrical Executive Engineer.
13.
Communication of the Final Order:—
The licensee shall communicate a copy of the final orders
passed by it on any claim for compensation arising out of an
electrical accident to the claimants and the persons entitled within
seven days of the passing of any such order.
14.
Payment of Compensation:—
The compensation shall be paid to the persons entitled to
the same within fifteen days from the date of the final orders.
15.
Appeal of the Final Orders: If the claimant or the person
entitled is aggrieved with the final order of the Director
(Operation) with regard to entitlement of compensation or
quantum of compensation, he may file an appeal before the
Managing Director.
16.
Presumption:
The occurrence of an electrical accident resulting in loss of
human or animal life or injury to human beings or animals shall,
for the purposes of assessing the liability of a licensee for
compensation, be presumed to be probablising the licensee failing
to meet the safety standards of performance specified in
Regulation 3 above and the burden of proving to the contrary shall
lie on the licensee.
6
BIHAR GAZETTE (EXTRA) 18TH DECEMBER 2018
17.
Disputes about entitlement:—
If there is any dispute or difference regarding the
entitlement to compensation on the death of a human being
in an electrical accident or the ownership of an animal
involved in an electrical accident which, in the opinion of the
claimant or person entitled, satisfactorily decided by the
Appellate Authority in accordance with these Regulations, the
claimant or the person entitled may exercise his right to
move before a civil court of competent jurisdiction.
18.
Payment as a part of ARR:—
The payment of compensation ordered under these
Regulations shall be made by the concerned licensees from its
contingency reserve considered in the Aggregate Revenue
Requirement for that financial year.
19.
Consequences of non-compliance:—
Contravention of any of the provisions of these Regulations
and non-compliance with the orders or directions of the
Commission under these Regulations shall be deemed to be non-
compliance and contravention within the meaning of Sections 142
and 146 of Electricity Act, Central Act 36 of 2003.
20.
Information to the Commission:—
The licensees shall submit to the Bihar Electricity
Regulatory Commission by 15th of every succeeding month, the
details of the electrical accidents occurring within their respective
jurisdictions and action taken thereon in accordance with these
Regulations.
21.
Assistance to dependents and victims:—
The licensee concerned shall ensure extending all possible
assistance and help to the dependents of a deceased human being
or the victims of an electrical accident to the extent possible to get
over the consequences of an electrical accident, more particularly,
medical treatment and physical rehabilitation.
CHAPTER - V
MISCELLANEOUS
22.
Residuary Provisions:—
(i)
The provisions of these Regulations shall be in addition to and not
in derogation of the provisions of any other law or rules or
regulations or scheme or contract for the time being in force.
(ii)
Nothing in these Regulations shall be deemed to limit or otherwise
affect the inherent power of the Commission to make such orders
as may be necessary for meeting the ends of justice or to prevent
the abuse of the process of the Commission.
(iii)
Nothing in these Regulations shall bar the Commission from
adopting a procedure which is at variance with any of the
provisions of these Regulations, if the Commission, in view of the
special circumstances of a matter or class of matters and for
reasons to be recorded in writing deems it necessary or expedient.
(iv)
Nothing in these Regulations shall, expressly or impliedly, bar the
Commission to deal with any matter or exercise any power under
the Electricity Act, 2003 for which no Regulations have been
framed, and the Commission may deal with such matters, powers
and functions in a manner it deems fit.
7
BIHAR GAZETTE (EXTRA), 18TH DECEMBER 2018
(v)
Subject to the provisions of the Electricity Act, 2003 and these
Regulations, the Commission may, from time to time, issue orders
and practice directions in regard to the implementation of these
Regulations and procedure to be followed on various matters
which the Commission has been empowered by these Regulations
to specify or direct.
(vi)
If any difficulty arises in giving effect to any of the provisions of
these Regulations, the Commission may, by general or special
order, do anything not being inconsistent with the provisions of
the Electricity Act, 2003, which appears to it to be necessary or
expedient for the purpose of removing the difficulties.
(vii)
The Commission shall have the power, for reasons to be recorded
in writing and with notice to the affected parties, to dispense with
the requirements of any of the clauses in these Regulations in a
specific case or cases subject to such terms and conditions as may
be specified.
23.
Repeal and Savings—
The Bihar Electricity Regulatory Commission (Standard of
Performance for Distribution Licensee) Regulation, 2007 with
amendments shall continue to be governed by the provisions of
the earlier Regulations.
24.
Power to Amend—
The Commission may, at any time add, modify, delete or amend
any provision of these Regulations subject to the provision of the
Electricity Act, 2003.
25.
Powers to remove difficulties—
If any difficulty arises in giving effect to any of the provisions of
these Regulations, the Commission may make such provisions not
inconsistent with the provisions of this Act, as may appear to be
necessary for removing the difficulty.
By order of the Commission,
Rameshwar Prasad Das,
Secretary.
8
BIHAR GAZETTE (EXTRA) 18TH DECEMBER 2018
ANNEXURE I
OCCURRENCE REPORT
1.
Date & Time of accident:
2.
Place of accident:
Village/Town, Mandal, District)
3.
Designation of the Officer-in-charge of the Licensee in whose
jurisdiction the accident occurred:
4.
Nature & Details of the accident:
5.
Details of Victim(s) (Fatal/Non-Fatal):
(a)
Human
(b)
Animal
6.
Detailed causes leading to the accident: (Use a separate sheet and
attach it to this form, if needed):
7.
Details of the persons who witnessed the accident: (Name,
designation, address etc.,):
8.
Action Taken:
9.
Any other information:
Signature
Name & Designation
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BIHAR GAZETTE (EXTRA), 18TH DECEMBER 2018
ANNEXURE II
CLAIM FORM FOR PAYMENT OF COMPENSATION
1.
Date & Time of accident:
2.
Place of accident:
3.
Details of the accident:
4.
Details of the deceased or Injured person(s):
Name (s):
Age:
Sex:
Address:
Occupation:
5.
Details of the dead or injured animal(s)
Description:
Age:
Value:
6.
In case of non-fatal accidents, details of
temporary/permanent/total/partial disabilities suffered, if any:
(Enclose a certificate issued by the relevant District Medical Board
or the Appellate Authority)
7.
Details of the dependents:
8.
Whether or not an FIR is registered by the Police:
Signature of the claimant(s)
Name of the claimant(s)
Relationship with the deceased/injured/animal
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BIHAR GAZETTE (EXTRA) 18TH DECEMBER 2018
ANNEXURE III
To be enclosed to the extent they can be reasonably secured apart from
any other information which the claimant(s) feel relevant:
For Humans:—
1.
Proof of identity of the claimant
2.
A copy of the FIR
3.
A copy of the post mortem report
4.
A copy of the inquest report
5.
A copy of the Death certificate or wound certificate. In case if the
post mortem report/medical certificate is available, death
certificate may not be required.
6.
A copy of any photo of the deceased or injured person (after the
accident), if
7.
Available Evidence of relationship with the deceased Evidence of
expenses of hospitalization and treatment.
For Animals:—
1.
Proof of identity of the claimant
2.
A copy of the FIR, if registered.
3.
A copy of the post mortem report, if conducted
4.
A copy of the inquest report/ panchanama and enquiry report
5.
A copy of the Death certificate or wound certificate, if issued
A copy of any photo of the deceased or injured animal (after the
accident), if available.
6.
Evidence of ownership and value of the animal(s). In the absence of
documentary evidence the certificate of ward member of gram
panchayat/ Urban ward councilor.
By order of the Commission,
Rameshwar Prasad Das,
Secretary.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 1194—571+400—Egazette
Website: http://egazette.bih.nic.in