The B

PUBL

(NO.PATNA 1098) PAT

BIHAR EL

FEES

No. BERC- SMP-13

with clause (g) of sub-sectio

all powers enabling it in that

published in Bihar Gazette

Electricity Regulatory Comm

1. Short title, exten

(1) These regu

(Fees, Fine

(2) These Regu

(3) These Regu

Official Ga

2. Definitions and

(1) In these Re

(a)

“A

(b)

"Ap

sup

the

(c)

“Co

REGISTE

Bihar Gaze

EXTRA ORDINARY

LISHED BY AUTHORIT

4 ASVINA 1941(S)

TNA, THURSDAY, 26TH SEPT

LECTRICITY REGULATORY COMMISSI

———

NOTIFICATION

The 24th September, 2019

S, FINES AND CHARGES REGULATIONS, 2019

3/19–03 In exercise of powers conferred on it b

on (1) of Section 86 of the Electricity Act 2003 (

t behalf, and in supersession of Notification date

e No. 95 dated 10.02.2006 (as amended time

mission hereby makes the following regulations :-

CHAPTER -I

GENERAL

nt and commencement.—

lations may be called the Bihar Electricity Regu

es and Charges) Regulations, 2019.

ulations extend to the whole of the State of Bihar.

ulations shall come into force on the date of the

azette.

Interpretations.—

egulations, unless the context otherwise requires:

Act” means the Electricity Act, 2003.

pplication" means and includes all petitions,

pplemental proceedings, other papers and docum

ereto before the Commission in proceedings in t

Bihar Electricity Regulatory Commission (co

gulations,2005.

ommission” means the Bihar Electricity Regulato

ERED NO. PT.-40

ette

TEMBER 2019

ION

by Section 181 read

(Act 36 of 2003) and

d 2^nd February 2006,

to time), the Bihar

ulatory Commission

eir publication in the

, replies, rejoinders,

ments filed in relation

the manner provided

onduct of Business)

ory Commission.

BIHAR GAZETTE (EXTRA) 26th SEPTEMBER 2019

(d)

"Energy proposed to be handled" :- The energy proposed to be handled

by the Distribution Licensee shall mean the total energy purchased by

the Distribution Licensee excluding losses in the inter-state and intra-

state transmission and sale in U.I but shall include purchase in U.I and

proposed in the ARR.

(e)

“Fees” mean fees mentioned in the schedule.

(f)

“Fines and/or Charges” refers to fines and/or charges that the

Commission is empowered to impose under the Act.

(g)

“Fund” shall mean the State Regulatory Commission Fund constituted

under section 103 of the Act.

(h)

“Licensees” mean licensees under the Act.

(i)

“Proceedings” mean and include proceedings of all nature that the

Commission may hold in the discharge of its functions under the Act.

(j)

“Regulations” mean the Bihar Electricity Regulatory Commission

(Fees, Fines and Charges) Regulations, 2005.

(k)

“Schedule” refers to the schedule appended to these Regulations.

(l)

“Secretary” means Secretary of the Bihar Electricity Regulatory

Commission.

(m) “State Govt.” means the Government of Bihar.

(2) Words and expressions used and not defined in these Regulations but defined in

the Act shall have the meanings assigned to them in the Act. Expressions used

herein but not specifically defined in these Regulations or in the Act but defined

under any law passed by a competent legislature and applicable to the electricity

industry in the State shall have the meaning assigned to them in such law.

Subject to the above, expressions used herein but not specifically defined in

these Regulations or in the Act or any law passed by a competent legislature

shall have the meaning as is generally assigned in the electricity industry.

(3) In the interpretation of these Regulations, unless the context otherwise requires:

(a) words in the singular or plural term, as the case may be, shall also be

deemed to include the plural or the singular term, respectively;

(b) references herein to the “Regulations" shall be construed as a reference to

these Regulations as amended or modified by the Commission from time

to time in accordance with the applicable laws in force.

(c) the headings are inserted for convenience and may not be taken into

account for the purpose of interpretation of these Regulations.

(d) reference to the statutes, regulations or guidelines shall be construed as

including all provisions consolidating, amending or replacing such

statutes, regulations or guidelines, as the case may be, referred to.

CHAPTER - II

FEES

3. Fees on Application and Petitions.—

(1) Every petition, application or appeal made to the Commission shall be made

by payment of the appropriate fees specified by the Govt. of Bihar.

(2) The fees payable to the Commission as prescribed under these Regulations

shall be paid by means of bank draft/RTGS/NEFT/IMPS, drawn in favour of

Bihar Electricity Regulatory Commission, payable at Patna. In case of

RTGS/NEFT/IMPS the petitioner shall furnish to the Commission the

computational detail alongwith amount, UTR no. and date of deposit.

(3) The fees received by the Secretary of the Commission under these

Regulations shall be deposited in a bank account to be maintained by the

Commission at such Bank and in such branches as Commission may direct

from time to time.

BIHAR GAZETTE (EXTRA), 26TH SEPTEMBER 2019

(4) All fees received by the Commission under these Regulations shall be credited

to the Fund.

4. Licensing Fee.—

(1) As stipulated in sub-section (2) (a) under Section 180 of the Act, the fee for

application of grant of various licences shall be payable at the rates prescribed

by the State Government from time to time.

(2) The licensees including newly granted licensee as well as deemed licensees

shall pay the annual licence fee for each Financial Year at rates specified in

the schedule appended to these Regulations.

(3) All annual licence fees shall be paid by 30^th April each year.

(4) In case of late payment of annual licence fee, interest will be payable on the

delayed amount at the rate of one and quarter percent (1.25%) per month.

CHAPTER - III

FINES AND / OR CHARGES

5. Imposition of Fines and / or Charges.—

(1) Subject to the provisions of the Act, the Commission may, while deciding any

matter or proceeding pending before the Commission or at any other time,

initiate a proceeding for imposition of Fines and/or Charges against any

person including generating companies and licensees for non-compliance or

violation on their part of the provisions or requirements of the Act or Rules,

Regulations or Codes framed under the Act or the directions or orders of the

Commission made from time to time. The fines and charges for various

offences and non compliance or violations shall be governed by the respective

provisions of the Act and the Bihar Electricity Regulatory Commission

(Conduct of Business) Regulations, 2005.

(2) The provisions of the Bihar Electricity Regulatory Commission (Conduct of

Business) Regulations, 2005 and its amendments from time to time applicable

to the proceedings shall apply mutatis mutandis to a proceeding for imposition

of fines and / or charges.

(3) While determining the quantum or extent of the Fines and/or Charges to be

imposed, the Commission shall consider, amongst other relevant things, the

following:

(a) The nature and extent of non-compliance or violation;

(b) The wrongful gain or unfair advantage derived as a result of the non-

compliance or violation;

non-compliance or violation; and

(d) the repetitive nature of the non-compliance or violation

(4) Before imposing any Fines and/or Charges, the Commission shall give an

opportunity to the person upon whom such Fines and/or Charges are proposed

to be imposed, to represent against the proposal to impose such Fines and/or

Charges and also on the quantum or extent of the Fines and/or Charges

proposed to be imposed.

(5) The Commission shall issue a notice to the person specifying the nature of

non-compliance or violation on the person’s part and also call upon him to

show cause within the time specified in the notice as to why Fines and/or

Charges may not be imposed on him for such non-compliance or violation.

(6) Where in reply to the notice, the person admits non compliance or violation in

writing, the Commission shall record it and may impose such Fines and/or

Charges as it may consider fit in the circumstances of the case, subject to the

provisions of the Act.

(7) If the person to whom a notice has been issued under sub clause (5) above

fails to show cause or denies non compliance with or violation of any

⁴

BIHAR GAZETTE (EXTRA) 26th SEPTEMBER 2019

provision of the Act or rules or regulations or an order of the Commission, the

Commission may enquire into the matter in such manner as it deems fit.

(8) The Commission, may, on being satisfied that no non-compliance or violation

of any provision of Act, rules or regulations or an order of the Commission

has been committed, discharge the notice.

6. Payment of Fines and Charges. —

(1) The Fines and/or Charges imposed by the Commission shall be paid within 30

days of the order of the Commission imposing the Fines or Charges or within

such extended date as may be allowed by the Commission in such order.

(2) The Fines and/or Charges shall be payable in the same manner as provided

under sub clause (2) of clause 3 of these Regulations.

(3) All amounts received as fines and / or charges under these Regulations shall

be deposited in a separate Bank Account opened and maintained by the

Commission therefor and shall form part of the Fund after the State Govt. so

notifies, under clause (c) of sub-section (1) of Section 103 of the Act.

(4) If the Fines and/or Charges ordered by the Commission are not paid within the

prescribed time, they shall be recoverable as arrears of land revenue.

CHAPTER - IV

MISCELLANEOUS

7. Power to Amend.—The Commission shall be entitled to add, amend or alter or vary

any provisions of these Regulations by order, from time to time, as it deems fit for the purpose of

meeting the objectives with which these Regulations have been framed.

8. Repeal and Savings.—

(1) The BERC (Fees, Fines & Charges) Regulations, 2005 (Principal Regulation)

and all subsequent amendments from time to time is hereby repealed with effect

from the date of publication of Bihar Electricity Regulatory Commission (Fee,

Fines & Charges) Regulations, 2019 in the Bihar Gazette.

(2) Nothing in these Regulations shall be deemed to limit or otherwise affect the

power of the Commission to make such orders as may be necessary to meet the

ends of justice.

(3) Nothing in these Regulations shall bar the Commission from adopting in

conformity with provisions of the Act, 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 a class of matters and for reasons to be recorded in

writing, deems it just or expedient for deciding such matter or class of matters.

(4) Nothing in these Regulations shall, expressly or impliedly, bar the Commission

dealing with any matter or exercising any power under the Act for which no

regulations have been framed, and the Commission may deal with such matters,

powers and functions in a manner, as it considers just and appropriate.

9. Power to Remove Difficulties.—If any difficulty arises in giving effect to any of

these Regulations, the Commission may by general or special order do anything not being

inconsistent with the provisions of the Act which appears to it to be necessary or expedient for the

purpose of removing the difficulties.

By the order of the Commission,

(Sd/-)Illegible,

Secretary.

BIHAR GAZETTE (EXTRA), 26TH SEPTEMBER 2019

SCHEDULE

BIHAR ELECTRICITY REGULATORY COMMISSION

(Fees, Fines and Charges) Regulations, 2019

No.

Nature of petition / application

Fees

Determination of tariff for supply of electricity

by generating company to distribution licensee

under the provisions of clause (a) of sub-

section (1) of Section 62 of the Act.

(a) Conventional fuel based (coal, gas, oil etc)

Plant

Rs 10,00,000 (Rs. Ten lakhs) for

capacity upto 100 MW.

Rs 2,500 (Rs. Two thousand five

hundred)

for

each additional

capacity or part thereof

(b) Non-conventional & Renewable Sources of

Energy, including co-generation

Rs 10,000 (Rs. Ten thousand) for the

first one MW of capacity

Rs 2500 (Rs. Two thousand five hundred

fifty) for each additional MW of capacity

or part thereof

(a) Determination of tariff for transmission of

electricity under the provisions of clause (b) of

sub-section (1) of Section 62 of the Act.

(b) Determination of Fees & Charges of SLDC

Rs 10,00,000 (Rs. Ten lakhs)

Rs 2,00,000 (Rs. Two lakhs)

Determination of tariff for wheeling of

electricity under the provisions of

clause (c) of sub-section (1) of Section 62 of

the Act

Rs 5,00,000 (Rs. Five lakhs)

Determination of tariff for retail sale of

electricity under the provisions of clause (d) of

sub-section (1) of Section 62 of the Act

One paisa for each 20 kwh (Energy

proposed to be handled as defined in 2

(d)) Minimum Rs. 5,00,000 (Rs. Five

lakhs) Maximum Rs. 75,00,000 (Rs.

Seventy five lakhs)

In case of

(a)

Multi

Year

Tariff

Distribution

/Transmission Company(ies) frame work,

annual review of tariffs and performance of the

licensee during the control period as may be

necessary, to be paid by the Licensee.

(b) MYT of SLDC

Rs 5,00,000 (Rs. Five lakhs)

Rs 1,00,000 (Rs. One lakhs)

Petition for fixing trading margin in the Intra-

state trading

One paisa for each 20 KWh of energy

proposed to be traded subject to

minimum amount of Rs. 5,00,000/- (Five

Lakh)

(a)

(b)

(c)

Review of Tariff Order of Company

Distribution / Transmission (ies).

Generating Company (ies)

(i) Conventional fuel based (coal, gas, oil etc.)

plant.

(ii) Renewable energy based plant including

co-generation.

(iii) Review as Tariff order of SLDC

Rs.2,00,000 (Rs. Two lakhs)

Rs.2,00,00 (Rs. Twenty thousand)

Rs.1,00,000 (Rs. One lakhs)

⁶

BIHAR GAZETTE (EXTRA) 26th SEPTEMBER 2019

No.

Nature of petition / application

Fees

Approval/Adoption of price/tariff for Power

Purchase

procurement

process

distribution licensee (short term, medium term

and long term basis) including Power Purchase

Agreement (PPA)/Power Supply Agreement

(PSA)

(a)

(i)

(ii)

Conventional

Long term/Medium Term

Short term

Rs. 10,00,000 (Rs. Ten lakh) for 100

MW. Rs.2500 (Two thousand five

hundred) for each additional MW

capacity or part thereof .

Rs. 5,00,000 (Rs. Five lakh) for 100

MW. Rs.1000 (One thousand ) for each

additional MW capacity or part thereof .

(b)

(i)

(ii)

Non-conventional

Long term/Medium Term

Short term

Rs. 2,50,000 (Rs. Two lakh fifty

thousand) for 100 MW. Rs.1000 (One

thousand) for each additional MW

capacity or part thereof .

Rs. 1,25,000 (Rs. One lakh twenty five

thousand) for 100 MW. Rs.1000 (One

thousand) for each additional MW

capacity or part thereof .

Approval

of proposal for

deviation in

guidelines for Tariff based on competitive

bidding.

Rs. 1,00,000 (Rs. One lakh)

Application for review of Order for power

purchase or power procurement process

Rs. 1,00,000 (Rs. One lakh)

Application for approval of the schedule of

charges of a Distribution Licensee under

Section 45 and Section 46 of the Act

Rs. 50,000 (Rs. Fifty thousand)

Application for adjudication of Disputes under

the provisions of the Act:

(i) made by a Licensee or by a Generating

Company, other than a Generating Company

referred to in (ii) below;

(ii) made by a person owning a Captive

Generating plant;

(iii) made by a consumer or a consumer

representative

Conventional fuel-based (coal, gas, oil,

etc.) Generation Plant, Hydro Power

Plant (above 25 MW), and a Licensee:

Rs. 3,00,000/- (Three lakh) and

Non-conventional or Renewable Energy

Plant, including Co-Generation Plant:

Rs. 1,00,000 (One lakh)

Rs. 50,000/- (Fifty thousand)

Rs.15,000/- (Fifteen thousand)

BIHAR GAZETTE (EXTRA), 26TH SEPTEMBER 2019

No.

Nature of petition / application

Fees

Appeal preferred to the Appellate authority

under sub section (1) of Section 127 of the Act

As specified u/s 127 of the Act.

Appeal against the decision of a Chief

Electrical Inspector or an Electrical Inspector

As specified in rule notified by State

Govt. u/s 162 of the Act.

Interlocutory Application

Rs. 50,000 (Rs. Fifty thousand)

Disputes arising under sub section 4 and 5 of

Section 67 of the Act, (opening of Streets,

Railways etc)

Rs. 10,000 (Rs. Ten thousand)

Application for review or reconsideration of

any order of the Commission not covered

elsewhere in these Regulations, or review of

any order on grounds of clerical error/ mistake

Rs. 10,000 (Rs. Ten thousand)

Request for Inspection of documents as may be

permitted

Rs. 500 (Rs. Five hundred) per day

Request for obtaining certified copies as may

be permitted.

Rs. 10 (Rs. Ten) per page

(a)

(b)

(c)

(d)

(e)

Any other petition / Application

By utility/licensee/deemed licensee/ person

granted exemption from licence

By Institution/ Organisation / Company other

than (a) above

By Consumer Groups registered with

appropriate Govt.

Individual Consumer other than (e) below

Individual BPL Consumer

(a) Rs. 20,000 (Rs. Twenty thousand)

(b) Rs. 10,000 (Rs. Ten thousand)

(d) Rs. 1,000 (Rs. One thousand)

(e) Rs. 25 (Rs. Twenty five)

Annual licence fee for a licensee/deemed

licensee under section 14 of the Act

(a)

For Transmission of Electricity

Rs. 1,00,00,000 (one crore)

(b)

For Distribution of Electricity

Rs. 1,00,00,000 (one crore)

(c)

For Trading of Electricity

Rs. 10,00,000 (Ten Lakh)

Petition / Application for approval of FPPCA

Rs. 50,000/– (Rs. Fifty thousand)

Review petition for FPPCA order

Rs. 10,000/- (Ten thousand)

Petition for approval of capital investment

work/scheme (CAPEX) of the licensee.

Rs. 10,000/- (Ten thousand)

Petition for determination of rates, charges,

terms and conditions under proviso to sub-

section (1) of section 36 of the Electricity Act,

2003.

Rs. 1,000(one thousand) per MW or part

thereof transmission capacity with a

minimum of Rs. 25,000 (twenty five

thousand).

Application under section 35 of the Act for

seeking use of intervening transmission

facilities.

Rs. 20,000(Twenty thousand)

Application seeking prior approval under

section 17 of the Electricity Act, 2003.

License fee as applicable under Sl. 21 of

the schedule.

Application for amendment of license under

section 18 of the Electricity Act, 2003.

License fee as applicable under Sl. 21 of

the schedule.

Application for revocation of license under

sub-section (2) of section 19 of the Electricity

Act, 2003.

License fee as applicable under Sl. 21 of

the schedule.

⁸

BIHAR GAZETTE (EXTRA) 26th SEPTEMBER 2019

No.

Nature of petition / application

Fees

Petition for amendment of supply code and

connected matters specified under sections 43

to 48, 50, 55 and 56 excluding those required

as a result of State Govt. directives.

By Licensee-Rs.20,000(Twenty

thousand)

By Consumer Association-Rs.5,000(Five

thousand)

By Individual consumer-Rs.1,000 (One

thousand)

31.

Adjudication of disputes regarding provisions

of non-discriminatory open access under sub-

section 47 of section 2 read with sub-section

(2), (3) and (4) of section 42 of the Electricity

Act, 2003.

Rs. 20,000 (Twenty thousand)

32.

Adjudication

disputes

under

section

9(2)/33(4)/35/43/67(4) of the Electricity Act,

2003.

Rs. 20,000(Twenty thousand)

Approval of supplementary Power Purchase

Agreement (PPA)/Power Supply Agreement

(PSA) or its amendment thereof.

Rs. 50000(Fifty thousand)

Application fee for grant of electricity licence

under section 15 of Electricity Act, 2003

As fixed and notified by the State Govt.

u/s 180 of E.A-2003.

Approval of Business Plan

(a) Generating Company

(b) Transmission Company

(d) SLDC

0.001% of the proposed CAPEX

investment during MYT control period

subject to a minimum of

Rs. 5,00,000 (Five lakh)

Rs. 10,00,000 (Ten lakh)

Rs. 1,00,000 (One lakh)

36.

Other matters not covered above

As may be decided by the Commission

(Sd/-)Illegible,

Secretary.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 1098—571+400—Egazette

Website: http://egazette.bih.nic.in