Comments on the Effects of draft Regulations published by CEA

As contemplated under the Act / Rules/ Regulations, starting from Central Govt. , the Central Electricity Authority, Karnataka Electricity
Regulatory Commission, State Govt. KERC/Electrical Inspectorate / Supplier ( Licensee)/ Generating Company / Consumer etc. have their functions,
duties and responsibilities defined. In as much as the Central Govt. and the CEA is responsible for suggesting suitable measures relating to safety, the
State Govt. has undivided role and responsibility in ensuring compliance of electrical safety.

The Electricity Act, 2013 requiring the appointment of enforcing agency being the Electrical Inspectors under Section 162 of the Act to enforce
the duties incidental to Section 53, Section 54, Section 68 read with Regulation 58,60,61,63 of Regulations 2000, Section 126, Section 146 read with
Section 151, Section 161 (2) of the Act.

With the amendments to the Regulations 2000, the CEA seems to be bringing to an end the time tested procedures being adopted for over 100
years subsequent to the enactment of IE Act, 1910, IE Rules, 1956, Electricity Act 2003 and the Regulations 2000. Further, the Section 177 requiring that
regulations need to be framed consistent to the Electricity Act 2003 and Rule generally to carryout the provisions of the Electricity Act, 2003, the
amendments proposed by CEA are inconsistent to the provisions of Section 53 and 54 of the Act.

The objective set out under the Act for the State Govt. to appoint the Electrical Inspectors to oversee safety in the respective State gets defeated
by the amended Regulations in so far as the same completely diluting the responsibility of the State Govt. to enforce the Rules & Regulations through an
agency appointed by the State Govt. Providing the supplier or the owner of the installation or consumer to foresee safety is going to achieve the objective
since the State Govt. is responsible for the electrical safety of the public. The entire machinery of enforcing the provisions of the Act and Rules being
divested of such powers, is bound to reduce the State Govt. to be mere spectators to the ongoing violations with no powers to bring the culprit to book.
On the same lines, violations by the Supplier needs a Govt. agency to enforce section 146 read with section 151. It cannot be expected that the supplier
themselves would want action against themselves for any violations. In fact, the very fundamentals of statutory agency under the appointment and control
of the State Govt. is being annulled by the draft Regulations.

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The possible effects of such a move by CEA are highlighted below.
Act/ Rule/
Regulations
As far as Section 53 a) protecting the public (including the
persons engaged in the
of
generation, transmission or distribution
or trading) from dangers arising from the
generation, transmission or distribution
or trading of electricity, or use of
electricity supplied or installation,
maintenance or use of any electric line or
electrical plant;
As far as Section 53 b) eliminating or reducing the risks of
personal injury to any
(b)
person, or damage to property of any
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Possible effects of the draft Regulations
The Section 53 of the Electricity Act very clearly requires that all safety measures
need to be framed in consultation with State Govt. The draft published seems to
be infringing the powers of the State Govt.
a) The requirement of safety measures to be framed with the intention of
protecting the public from dangers is being diluted by the amendment for
the owner himself to inspect, test and certify his own installation since the
owner
i) Not being in the knowhow of the Rules & Regulations can not be
expected to act diligently.
b) Is bound to short cut the requirements of safety equipments at the point of
commencement of supply as required under Regulations 35 thereby
exposing the suppliers metering equipments and the tap-off supply point to
injury and risk with the subsequent possibility of interference with the grid
supply.
c) Bound to have risk to the operating personnel in so far as short cutting the
requirements of safety devices like breakers / fuses / switches/ELCBs/
earthing arrangement etc.
d) Bound to expose the operating personnel as well as public to risk by
violating the laying of cables in public places like M.S. Building Malls,
Public places etc. by not consealing the live parts.
There is bound to be violation of the said sub section when the unsafe installation
and equipment of one owner being responsible for fire and related accidents in a
 person or interference with use of such
property ;
As far as Section (c) prohibiting the supply or transmission
of electricity except by
53(C)
means of a system which conforms to the
specification as may be specified;
M.S. Building / Mall / complex occupied by many such owners under one roof
with no particular bifurcation between one installation to the other.
The requirement of elimination of danger to the property of any person or
interference of property also gets defeated in a M.S. Building / mall/ complex with
many owners with their installation where no single owner can be field responsible
for any violation or fire due to electricity with the possibility of a common room to
locate their electrical equipments / generators / metering as well as share of the
essential loads.
The requirement of compliance of adhering to specifications also can not be
achieved without a statutory inspection before servicing.

As far as Section (d) giving notice in the specified form to In the absence of pre commissioning inspection the purpose of reporting the
the Appropriate
53(D) accident to the Electrical Inspector does not serve the need, since it amounts to
Commission and the Electrical Inspector,
of accidents and failures of supplies or only post mortem.
transmissions of electricity;

As far as Section (e) keeping by a generating company or Asking the supplier or owner to keep maps, plans for inspection of the same by
licensee the maps, plans
53(e) & (f) Electrical Inspectorate serves no purpose since no such inspection by Electrical
and sections relating to supply or
transmission of electricity; Inspectorate is envisaged.
(f) inspection of maps, plans and sections
by any person authorised
by it or by Electrical Inspector or by any
person on payment of specified fee;

As far as Section (g) specifying action to be taken in The action to be initiated under the sub-section will be nullified in the absence of
relation to any electric line or
53(g) pre commissioning inspection / test by a statutory agency.
electrical plant, or any electrical
appliance under the control of a
consumer for the
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 purpose of eliminating or reducing a risk
of personal injury or damage to property
or interference with its use;
As far Section 54 and As per the requirements of the said section, wherever and whenever a congregation
use of electricity
/ gathering involving more than 100 persons takes place, the installation / premises
54. (1) Save as otherwise exempted
under this Act, no person other / area/buildings/surroundings are inspected / tested and certified by the statutory
than Central Transmission Utility or a
authority. With the amending Regulations, the said requirements will be annulled
State Transmission Utility, or a licensee
shall transmit or use electricity at a rate exposing the public / VVIPs / foreign dignitaries / Heads of the state to danger.
exceeding two hundred and fifty watts
Further,the relaxation of the said section would allow any persons to carry
and
one hundred volts electricity of any voltage in a public place exposing the public to danger. With
(a) in any street, or
many such persons carrying electricity in a public place without restriction, no
(b) in any place,-
(i) in which one hundred or more persons distinction can be made to identify the leakage or danger from a single person to
are ordinarily likely to be
pin-point the responsibility and no purpose will be served by the investigation of
assembled; or
(ii) which is a factory within the meaning such accident by an Electrical Inspector.
of the Factories Act, 1948
Overall the entire control by the state Govt. in so far as controlling
or a mine within the meaning of the
Mines Act, 1952; or transmission, distribution and usage of electricity in a public place will be lost.
(iii) to which the State Government, by
The Electrical Inspector duly appointed by the State Govt. in bound to comply
general or special order,
declares the provisions of this sub- all the requirements of the Act/ Rules/ Regulation in so far as reporting on such
section to apply,
matters to the Govt. for appropriate action. In the absence of statutory inspection,
without giving, before the
commencement of transmission or use of the Govt. will not be able to discharge the functions required by it without a
electricity, not less than seven days
supporting statutory agency, fully and directly under the control of State Govt. to
notice in writing of his intention to the
Electrical Inspector and to the District carryout all functions on behalf of the State Govt.
Magistrate, or the Commissioner of
In the light of the above, the functions vested with the State Govt. under the Act
Police,
as the case may be, containing particulars in so far as Section 68 requiring the Govt. to grant approval for laying the Over
of the electrical installation and plant, if
Head lines or in fulfilling the requirements of clearances for such lines in a public
any, the nature and the purpose of supply
and complying with such of the place, along the street, across the street, in the vicinity of a building etc will get
provisions of Part XI of this Act, as may
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 be applicable:
Provided that nothing in this section shall
apply to electricity used for
the public carriage of passengers, animals
or goods, on, or for the lighting or
ventilation of the rolling stock of any
railway or tramway subject to the
provisions of the Railways Act, 1989.
(2) Where any difference or dispute
arises as to whether a place is
or is not one in which one hundred or
more persons are ordinarily likely to be
assembled, the matter shall be referred to
the State Government, and the decision
of the State Government thereon shall be
final.
(3) The provisions of this section shall be
binding on the Government.
As far Section 5(1)
(2) (3)
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nullified without a statutory agency. The requirements presently insisted by the
Electrical Inspector for clearances from the National Highway / Telegraphs/
Railway/Forest/Local Authority to cross water bodies, rivers / canals etc. will be
found wanting.
The requirements of Section 146 read with Section 151 as far as initiating
action against offences will amount to punishment without policing in the absence
of a statutory inspection and tests before commissioning.
Similarly the requirement under sec 161(2) With the powers to the State
Government to direct the Electricity Inspector to investigate & report on the
compliance of the Rules & the violations of the same would serve no purpose and
application by the Government agency. A report on .. electrical accident to the
Government & the action by Government on the same would amount to capital
punishment without policing.
As far as the important amendments to the Regulations, the
inconsistencesies / shortcomings / deficiencies dangers etc need to be evaluated
before any such move to amend the same.
A safety officer with qualification under 5(1) & experience specified under 5(2) &
functions specified under 5(3) is acceptable for a suppliers installation long as it
owned / subsidiary of the State / Central Government.
However such a safety officer can not be expected to deliver the functions &
responsibility contemplated under 5(5) for the simple reason that neither he is
obliged to continue in the generating companies of the private where he is
dissatisfied for any reason nor the owner of such a company could continue such a
safety officer who is found to be incompetent.
Further, the requirement would serve no big purpose since a person with 10

Reg 5(4) For every factory registered under
Factory Act, 1948,
and mines and oil field as defined
in the Mines Act, 1952,
where more than 250 kW of electrical
load is connected, the
management of the factory shall
designate a person having
qualification specified in sub-
regulation (2), for ensuring the
observance of the safety provisions laid
under the Act and the regulations made
there under, who shall periodically
inspect such installation, get them tested
and keep a record thereof and such
records shall be made available to the
Electrical Inspector if and when required.
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to 15 years experience is not always easily available for a company to start with.
Neither with it be certain for a company to have the same person for construction,
operation & maintenance of such stations unless he himself is qu;ified &
expericencied as per 5(1), (2) & (3). This requirement would pave way for a non
existant person to be on records as a safety officer. Again with no control for
verification of records of qualification & experience of such a person the
requirement will be a Regulation to satisfy for only on paper for record sake.
5(4) The requirement specified in a factory is limited to only qualification for the
designated person. With no experience being prescribed, it will be utterly
dangerous for a fresher to be employed with no previous experience on either the
governing Rules & Regulations. It also can not be accepted that such a person with
only qualification of either BE or diploma to be responsible for a factory upto
voltage class 220KV.
The Regulation is also silent on such a authorized person in an installation which
is not covered under factory Act such as a complex, multiplex, Mall, M.S.B,
township theatre etc, which employs voltages in excess of 650V upto
11KV/33KV.
The same would to be the case in a residential complex involving voltages
upto 11KV where no such requirement of the need for designated person is being
specified.
Such a situation is bound to create a void as far as Electrical Safety is
concerned in an installation, other than what is covered under factory Act with no
person responsible for ensuring Safety neither will it be possible to comply with
Regulation 5(1).
In addition, the malls, Residential dwellings Townships, M.S.B involving
 many owners/ tenents under one roof, none of the regulations contemplated under
5(1), (2) & (3) or (4) will be possible to be met.
As far Section 5(5) Holding an employee / a paid servant to be responsible for any violation in an
electrical installation is highly vindieative since
a) Such a person can not be expected to exercise the requirements for the simple
reason that he will lose his job if he were to go against the wishes of the
owner.
b) Such a person without any experience in a factory can not be expected to be
knowledgeable on the Rules & Regulations governing electrical safety.
c) Without any interaction with CEA or the Government, he can not be expected
to be aware of the amended Rules & Regulations governing electrical safety.
No proceedings could be initiated against such a person for any violation
since he will not be under the control of the Government. He is bound to quit
& abscond the moment any such proceedings cannot be initiated. The whole
exercise appears totally farce.
Although it will be acceptable to make the owner responsible in a factory,
all owners of a mall, M.S.B, Residential complex, township could be made
responsible for a mistake committed by a designated person.
Alternatively, a in-competent designated person could land the owner with
many hardships in a factory, by his incompetence for possible
a) Disconnection of the installation.
b) Loss of life & property for wrong design & constructions, installation /
violations etc.
c) Equipments failures on account of non compliance of safety equipments
proper earthings, improper maintenance etc.

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 d) Electrical interruption on account of design shortcomings.
e) Delay on the production on account of last minute changes, alterations etc.
f) Additional expences on the alterations, erections etc.
g) Electric fires on account of design shortcomings/ improper maintenance etc.
h) Delay in completion & commissioning of the factory by absenting / quitting /
holding the owner to reason etc.
An installation constructed in violation of the Regulation governing safety
could amount to
a) Fault within the installation exposeing danger to operating personnel.
b) Fault being reflected on the grid mains of the supplier.
c) Tripping of the grid & cascading grid failure.
d) Neutral flow into the grid system from faulty generators affecting the
safety of the operating personnel of the supplier.
The owner cannot be able to satisfy the Regulation since he will also be at the
mercy of such a designated person to be working for him from construction stage
to commissioning & maintenance. It will also be utterly impossible for the owner
to satisfy the Regulation as & when such a designated person were to be
indisposed or worst still on death of such a person.
Section 30 The State Commission shall facilitate and The language used in 30(1) classifying an installation to be under belonging to, or
promote transmission, wheeling
under the control of State Governemnt in confusing.
and inter-connection arrangements within
its territorial jurisdiction for the Such being the case, the role of the Electrical Inspector is not defined at
transmission and supply of electricity by
all.
economical and efficient utilisation of the
electricity. The Regulation is highly counter productive in requiring installations of
voltage 220KV & above to be inspected since the higher the voltage, the higher is
the possibility that all precautions are adhered to.

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 The generating stations being defined under the Act being confined to
Hydel, the regulation is not clear.
As far Section 30(2) The periodical inspection and testing of Here again the language of installations belonging to or under the control of
installations of voltage above 650 V
Government is not clean since we are speaking with reference to a owner of such
belonging to the supplier, shall also be
carried out at intervals not exceeding an installation.
five years by the Electrical Inspector
The Regulation is again ambiguous since many owners will be required
to comply with the requirements to comply with the said Regulation in a Mall,
M.S.B, Residential installation. Further installation below 650V is not at all
covered for periodical inspection. Further in the absence of load being defined, it is
amounting to confusion since only factory with a load in excess of 250KW squires
designated person.
As far Section 30 (3) Where the supplier is directed by the The question of the supplier inspecting the installations does not apply, since this
Central or the State Government, as the
Regulations is being discussed with reference to periodical inspection where only
case may be,
to inspect and test the installation, he the Electrical Inspector or the owner is being discussed for different category of
shall report on the condition of the
voltage in an installation.
installation to the consumer concerned
in the Forms I, II and III as specified Submission of a copy of the report on the condition Of an installation again
in Schedule-IV and shall submit a copy
does not make sense since such a report could be misleading & giving rise to legal
of such report to the Electrical Inspector
wrangles. Further, no big purpose will be achieved by the report of an installation
which is other wise not conforming to the Rules & Regulations governing safety.
As far Section 30(4) The Electrical Inspector may, on receipt Inspection by one agency & serving of such defects by a stationery agency is
of such report, accept the report going to create two controls leading to legal wrangles. Further, unless a statutory
submitted by the supplier or record agency, employed by the State Government himself satisfies the violations after
variations as the circumstances of inspection, asking him to rely on the report of another agency who does not
each case may require and may belong to statuate would lead to controversy.
recommend that the defects may be

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 ractified as per report
As far Section 30(5) In the event of the failure of the For the reasons explained under 30(4), no purpose is served by 30(5).
owner of any installation to rectify the
defects in his installation pointed out
by the Electrical Inspector in his report
and within the time indicated
therein, such installation shall be
liable to be disconnected under the
directions of the Electrical Inspector
after serving the owner of such
installation with a notice for not less than
forty eight hours.
Provided that the installation shall not
be disconnected in case an appeal is
made under sub-rule (1) of rule (8) of
"Qualifications, Powers and Functions
of Chief Electrical
Inspector and Electrical Inspectors
issued by Central Government vide
GSR 481 (E) dated
17.08.2006 and the appellate authority
has stayed the orders of disconnection
30(6) The requirement that owners of installation of Voltage less than 650V to maintain
& operate the installation in a conduction free from danger is misleading since no
action for any violation is provided in the regulation.
As far Section 43(1) (1)Voltage above which electrical The idea of bringing only installation of 220KV & above under the preview of
installations will be required to be
(i) inspection by an Electrical Inspector is not defined since they constitute about
inspected by the Electrical Inspector
before commencement of supply or 0.01% of the electrical installation in the State: Further, such installation being
recommencement after shutdown for
very large with heavy load, the owner is bond to be more careful compared to
six months and above shall be as per
the notification to be issued by the other owners of an installation of lower voltages & load.
Appropriate Government, under clause
Since 220KV & above forms a negligible percentage of the electrical installation,
(x) of sub-section (2) of section 176
and sub-section (1) of section 162 of the only senior officers with experience would get to inspect & certify Such
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 Act. installations.

As far Section Before making an application to the Since all other installations from 650V to 220KV are to be tested by the owner, no
Electrical Inspector for permission to
43(1)(ii) responsibility is fixed here for the safety officer or the designated person which
commence or
recommence supply after an is ambiguous to the requirements covered under Regulation 5..
installation has been disconnected for
Furnishing the report on the tests carried out by owners to Electrical
six months and above at voltage
exceeding 650 V to any person, the Inspector would serve no purpose since a possible violation as far as the design,
supplier shall ensure that electric
construction, quality, safety provided would create a delay, loss of time, wastage
supply lines or apparatus of voltage
exceeding 650 V belonging to him are of money to the consumer.
placed in position, properly joined and
Allowing the owner to evaluate the competency can lead to powers at
duly completed and examined and the
supply of electricity shall not be wrong hands. Further a statutory agency under the state Government can not be
commenced by the supplier for
expected to carry out inspections at the whims & fancies of the owners. A
installations of voltage needing
inspection under these regulations Statutory agency can only function under the guidelines prescribed by the State
unless the
Government since the appointment is by State Government.
provisions of regulations 12 to 29, 33
to 35, 44 to 51 and 55 to 77 have been Allowing the owner to decide the inspection by himself or the Electrical
complied with
Inspection is bound to create a situation of no control on the statutory agency by
and the approval in writing of the
Electrical Inspector has been obtained by the Government.
him:
No purpose will be served by an inspection after a unsafe installation is
Provided that the supplier may energize
the aforesaid electric supply lines or serviced. Hence no further inspection except period inspection could be
apparatus
contemplated in a period of one year.
for the purpose of tests specified in
regulation 46. Since pre-commissioning inspection by either the Electrical Inspector or
owner is specified for electrical installation of voltage lesser than 650V, the
regulation would mean that all LT generating equipments, M.S.Building etc where
no supply of power supply is availed and electrified through the captive generators
will not be under the purview of inspection by either Electrical Inspector or any
such person. The same would mean no inspection of captive generators will be
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 required which is highly dangerous.
In the absence of such inspection from the purview of the statutory
authorities, there is likely hood that the State Acts & Rules will be having
implications as regards the Lifts Act & Rules and Electricity Taxation on
consumption Act & Rules. Neither will there be control by Government on
premises where generators of 440V are used to electrify & distribute power
thereby annulling the provisions of the Act as far the requirements of Licence to
do so. On the same lines, there is danger to the public who assemble in large
numbers for any public function which will be outside the scope of Government
control since no inspection is contemplated in such a place.

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