PUNJAB (ESTABLISHMENT AND POWERS OF OFFICE OF
INSPECTION) ORDER, 2005
NOTIFICATION
[22nd March, 2006]
No.
SO (Power) (I&P)/21-1/92 (Vol-1)…
In exercise of powers conferred by sub-section (1) of Section 38 of the
Regulation of Generation, Transmission and
Distribution of Electric Power Act, 1997 (Act No.XL of 1997), the
Government of the Punjab is pleased to make the following Order to establish
procedure for the purposes of the
aforesaid provision, namely:-
1 Short title and commencement.── (1)
This Order may be called the Punjab
(Establishment and Powers of Office of Inspection) Order, 2005.
(2) This shall
come into force at once.
2
Definition.▬ (1) In this order, unless there is
anything repugnant in the subject or context:
(i)
“Act” means the Regulation of Generation, Transmission
and Distribution of Electric Power Act (Act No.XL of 1997);
(ii)
“Code” means the Code of Civil Procedure, 1908;
(iii)
“Electric Inspector” means any person appointed under
Section 36 of Electricity Act, 1910 and
conferred with the powers of Office of Inspection under Section 38(1) of the
Act;
(iv)
“Government” means Government of the Punjab;
(v)
“Licensee” means a holder of a licence under the Act;
(vi)
Office of Inspection” means an Office of the Inspection
established by the Government under Section 38 of the Act;
(vii)
“Register of Complaints” means a register to be
maintained by the Office of Inspections for the record of complaints;
(viii)
“Violation” means any act or omission contrary to any
of the instructions of the distribution companies with respect to metering,
billing collection of tariff and other connected matters;
(ix)
“Violator” means any one who has committed a violation.
(2) Words
not defined in this Order shall have the same meanings as are assigned to them
in the Act and the Rules made there under.
3
Establishment
of Office of Inspection.─ (1) The Office of Electric Inspector shall
constitute the Office of Inspection for the purpose of Section 38 of the Act.
(2) The Office of Inspection shall have powers:-
(a )
To deal with the complaints in respect
of metering, billing and collection of tariff and other connected matters and
pass necessary orders.
(b )
To enforce penalties and implement
orders passed on appeal.
4
Filing of
complaint.─ (1) An aggrieved person, consumer or a licensee shall file
separate complaints for each violation, which shall contain full name and
address of the complainant, the grounds of the complaint and name and address
of the violator.
(2) The
complaint shall be duly signed by the complainant or his authorized
representative shall be supported by a summary of evidence giving brief
facts/data and any documentary evidence along such number of envelops bearing
postal stamps as may, from time to time, be directed by the Office of Inspection
and the statement of the complainant shall be verified by affidavit.
(3) The
complaint shall be lodged with the Office of Inspection during office hours
alongwith such number of copies as the Office of Inspection may, from time to
time, direct and each set of the complaint shall be complete in all respect.
(4) The
contents of the complaint shall be examined by the Office of Inspection so as
to satisfy itself of the conformity thereof with the procedure mentioned above.
(5) In
case the complaint is not in accordance with the aforementioned procedure, the
office of Inspection shall return the complaint to the complainant within three
days of the filing thereof with the direction to rectify the defect, if any and
made the complaint afresh in accordance with the above mentioned
procedure.
Provided that
the complaint shall be returned for one time only and where it is re-filed it
shall not be rejected on the ground of any defect without giving the
complainant an opportunity of rectifying the defects within the time specified
by the Office of Inspection.
(6) Where
the complaint is found to be in conformity with the above mentioned procedure ,
the filing of the complaint shall be acknowledged, stamped, entered into a
register maintained for the purposes and assigned a number and date thereto.
(7) All
proceedings in respect of a complaint shall ordinarily be held at the office of
Inspection or any other place as may be directed by the office of inspection.
5
Investigation
of the complaint.─ (1) The Office of Inspection shall commence
investigation into the subject matter of the complaint within 15 days of its
receipts.
(2) No
complaint shall be rejected without affording an opportunity of being heard to
the complainant or his representative submitting the complaint as the case may
be. Any decision to reject the complaint shall be conveyed to the complainant
in writing within seven days of its receipt.
(3) The
Office of Inspection may on its own motion or at the request of the
complainant, issue appropriate interim orders against violation till the
disposal of the complaint.
(4) Any
aggrieved person may file an appeal against the rejection of complaint or the
interim order before the Government within thirty days of such order.
6
Service of
summons.─ (1) In case complaint
is not rejected under clause 5(2), the Office of Inspection shall, at the cost
of the complainant, issue a notice alognwith the copy of complaint, to the
respondent through any one or more of the following modes:--- (i) By
ordinary mail.
(ii)
By registered post with acknowledgement due;
(iii)
By hand delivery through a messenger; or
(iv)
By publication in two daily national newspapers, one in
English and one in Urdu language, in case where Office of Inspection is satisfied
that it is not reasonable practicable to serve notice in any other manner.
(2) Notice
under sub-rule (1) shall specify the date, time and place of the hearing.
(3) No
service and publication shall be deemed invalid by reasons of any defect in the
name or description of a person provided that the Office of Inspection is
satisfied that such service or publication is sufficient.
(4) In
default of compliance with the order of the Office of Inspection regarding
service of notice or publication, the complaint may either be dismissed or such
other directions be given as deemed fit and proper.
7
Reply and
rejoinder.─ (1) Each respondent to whom a notice is issued shall file a
reply within fifteen days of the date of receipt of such notice or publication
of the notice with such numbers of copies as may be directed by the Office of
Inspection.
(2) The
reply shall specifically include admission, denial or explanation of the facts
stated in the complaint or any other relevant fact.
(3) The
reply shall be signed, verified and supported by an affidavit duly supported by
copies of relevant record or as may be directed by the Office of Inspection.
(4) In
case the respondent brings other relevant facts on record, the complainant
shall be allowed to file a rejoinder within the fifteen days of the submission
of reply.
8
Site
Inspection.─ (1) In case the Office of Inspection comes to the conclusion
that site inspection is necessary to arrive at a fair and just decision; a
visit of the site may be carried out preferably in the presence of both the
parties.
Provided that inspection
fee shall be paid by the complainant for this purpose as provided in the scale
of fee order notified under Rule 7 of the Electricity Rules 1937, by the
Government:
Provided further that in
case of meter complaint, meter, shall not be removed from the
site until the same is inspected by the Office of
Inspection.
(2) In case a defect is detected in the meter,
the office of Inspection may direct the distribution company to replace the
meter within 10 days of the date of inspection of the meter.
9
Final
Order.─ (1) Not later than 120 days of the filing of the complaint, the
Office of Inspection shall issue its final order. In case of delay, reasons
shall be recorded in writing for such delay. Final order shall be comprehensive
in all respects containing the violations made and penalties imposed thereon.
(2).
A certified copy of the final order or any other document on file shall be
supplied to the party on an application, duly affixed with stamps at the rate
notified by Government from time to time.
10
Appeal.─
An aggrieved person may file an appeal against the final order made by the
Office of Inspection before the Government or if the Government, by general or
special order, so directs, to the advisory board constitute under Section 35 of
the Electricity Act 1910, within 30 days, and the decision of the Government or
advisory board, as the case may be, shall be final in this regard.
11
Penalties.─ (1) Any person, consumer or a licensee
who commits a violation shall be punished with a fine which may extend to Fifty
thousand Rupees for each violation, and in case of continuous violation with a
further fine which may extend to One thousand Rupees for every day during which
the violation continues.
(2) Any person consumer or a licensee who
commits a breach of any interim order issued by the Office of Inspection shall
be punished with a fine which may extend to Ten Thousand Rupees and in case of
continuous violation of interim order with a further fine which may extend to
Five Hundred Rupees for every day during which the violation continues.
12
Enforcement.─
In case of non-payment of any penalty imposed under this order, the same shall
be recovered as arrears of Land Revenue.
13
Information.─ (1) The Office of Inspection shall at
the need of every financial year submit to the National Electric Power
Regulatory Authority established under Section 3 of the Act, an annual report
on all complaints filed under this order.
(2) A record of all complaints, replies and
decisions relating to the Office of Inspection shall also be maintained for
public inspection and examination.
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