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The B

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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

NA

erred under

d 59 of the

this behalf,

he following

y Regulatory

l Accidents)

g Companies

es in their

of their

EA)

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

9

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

10

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