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regulations · 2003 · Bihar

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Parent: The ELECTRICITY ACT, 2003 (2606b95dae11d9802fbbcf6324150adbcd1faa51)

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fuc a/ku l a0 ih0 Vh0&40 fuc a/ku l a0 ih0 Vh0&40 fcgkj j x xtV vlk/kkj.k v ad fcgkj ljdkj }kjk izdkf’kr 29 BHADRA 1929 (S) (No. PATNA 828) PATNA, THURSDAY, 20TH SEPTEMBER, 2007 BIHAR ELECTRICITY REGULATORY COMMISSION REGULATIONS FOR GRANT OF LICENCE FOR DISTRIBUTION OF ELECTRICITY IN THE STATE OF BIHAR NOTIFICATION The 19th September 2007 No. BERC/Regl.11/2006-414/2007 – In exercise of powers conferred under section 181 of the Electricity Act, 2003 (Act 36 of 2003) and all powers enabling it in that behalf, the Bihar Electricity Regulatory Commission hereby makes the following Regulations for grant of licence for distribution of electricity in the State of Bihar, namely: CHAPTER – 1 GENERAL 1. Short title, extent and commencement (i) These Regulations shall be called the Bihar Electricity Regulatory Commission (Grant of licence for Distribution of electricity) Regulations, 2007. (ii) These Regulations shall apply to the whole State of Bihar (iii) These Regulations shall come into force from the date of notification in the official gazette. 2. Definitions In these Regulations, unless the context otherwise requires: (a) 'Act' means the Electricity Act, 2003 (Act 36 of 2003); (b) 'Applicant' means any person, including any company or body corporate or association or body of individuals, whether incorporated or not, who makes an application under Section 15 of the Act for grant of licence for distribution of electricity; as a distribution licensee; (c) 'Area of Distribution' or 'Area of Supply' means the area within which a Distribution Licensee is authorised to establish , operate and maintain a distribution system for supply of electricity under the terms and conditions stipulated by the Commission in the licence; (d) 'Auditors' means the Distribution Licensee's auditor,

Rule TOC

29 · BHADRA 1929 (S)

1 · Short title, extent and commencement

2 · Definitions

3 · Interpretation

4 · Application for grant of Distribution Licence:

5 · Acknowledgment of Application

6 · Calling for additional information

7 · Intimation regarding due filing of the application

8 · Publication of notice of application

9 · Service of notice of the application

10 · Public Inspection of Application and Documents

11 · Objections

12 · Hearing and local inquiry

13 · Grant of Distribution Licence

14 · Date of commencement and duration of Distribution licence

15 · Deposit of maps and proforma:

16 · Deposit of printed copies of Distribution licence :

18 · Deemed grant of the Distribution Licence:

19 · Contravention by Distribution Licensee:

20 · Suspension of Distribution Licence:

21 · Revocation of the Distribution Licence:

22 · Sale of Utilities of Licensee

23 · Vesting of the utility in purchaser:

24 · Licence fee

25 · Furnishing of information to the Commission etc .

26 · Acts which a Licensee (s) shall not undertake:

27 · Bulk Supply

28 · Establishment of subsidiaries or associated companies

29 · Prohibition for receiving subsidies

30 · Incidents Reporting

31 · Settlement of Disputes and Arbitration:

32 · Powers of Distribution Licensee:

33 · Enforcement of order passed by the Commission

34 · Service and Publication of Notice to Distribution Licensee

35 · General

36 · Electricity Supply code:

37 · Standards of Performance of Distribution Licensee

38 · Duty to Supply Electricity on Request

39 · Imposing of restrictions on terms for supply of electricity

40 · Installation of meters etc

41 · Recovery of charges

42 · Security deposit

43 · Open access

44 · Other business of a Distribution Licensee

45 · Establishment of Consumer Grievance Redressal Forum

46 · Disconnection of supply

47 · Conduct of business having adverse effect on competition

48 · Procurement of power

49 · Compliance with the State Grid Code

50 · Supply Planning

57 · (1) The licensee shall submit to the Commission the following information along with the expected revenue calculations for determination of tariff under section 62 of the Act;

58 · Revenue calculation and Tariffs

59 · Power of the licensee for Revenue Realisation, Meter Tampering etc

62 · The licensee shall not change the basis of charge or apportionment or allocation in relation to the preparation of the Accounting statements for a financial year from those applied for the previous financial year without the permission of the Commission.

63 · In case a licensee changes the basis of charge or apportionment or allocation from those adopted for the previous financial year, the licensee shall, if the Commission so desires, in addition to Accounting statements prepared on the changed basis, shall also prepare Accounting statements on the basis which has been applied for the immediate previous financial year.

64 · Accounting statements, unless otherwise directed by the Commission, shall

65 · The licensee shall ensure that the accounting statements in respect of each financial year prepared together with audit report for that financial year are made available to any person requiring them at a price not exceeding reasonable cost of duplicating them.

66 · (1) The licensee shall maintain the following information / data:

68 · Reporting to the Commission

69 · Repeal

70 · Savings

71 · Power to Remove Difficulties

72 · Power to Amend

3 · Data relating to the Applicant’s Proposed Business

4 · Detailed Map

1 · Previous Experience (Past 5 years details for Related Business)

2 · Details of Proposed Project (Business for which licence is sought)

3 · Qualifications and Expertise (Personnel)

4 · Revenue Potential (Business for which licence is sought)

5 · Financial Soundness (Other Subsidiary Business Units)

6 · Baseline Information (Business for which licence is sought)

3 · TERM OF THE LICENCE

4 · COMPLIANCE WITH LAWS, RULES AND REGULATIONS

5 · DUTIES OF THE DISTRIBUTION LICENSEE

6 · ACCOUNTS

7 · PROVISION OF INFORMATION TO THE COMMISSION

8 · CAPITAL INVESTMENT PLAN

9 · PAYMENT OF LICENCE FEES

10 · AMENDMENT OF LICENCE CONDITIONS

11 · SETTLEMENT OF DISPUTES

12 · SUSPENSTION OF DISTRIBUTION LICENCE

13 · COMPLIANCE WITH THE GRID CODE BY THE DISTRIBUTION LICENSEE

14 · COMPLIANCE WITH THE ELECTRICITY SUPPLY CODE and DISTRIBUTION CODE BY THE DISTRIBUTION LICENSEE

15 · CONSUMER SERVICE

16 · DISTRIBUTION SYSTEM PLANNING AND SECURITY STANDARDS, DISTRIBUTION SYSTEM OPERATING STANDARDS

17 · DUTY TO SUPPLY

18 · POWERS TO RECOVER EXPENDITURE, RECOVER SECURITY

19 · USE OF METERS

20 · PROVISION OF SUBSIDIES TO CERTAIN CONSUMERS

21 · POWERS OF THE LICENSEE FOR REVENUE REALISATION, PREVENTION OF METER TAMPERING, Etc.

22 · POWER TO ENTER PREMISES AND TO REMOVE FITTINGS OR OTHER APPARATUS OF LICENSEE

23 · THEFT OF ELECTRICITY, LINES, MATERIALS, INTERFERENCE WITH WORKS, etc.

24 · DISCONNECTIONS AND OTHER ACTIONS

25 · INTRODUCTION OF COMPETITION IN SUPPLY

25 · APPLICATION OF THE GENERAL CONDITIONS TO DEEMED LICENSEES