UTTAR PRADESH ELECTRICITY REGULATORY
COMMISSION (CONDUCT OF BUSINESS) AMENDMENT REGULATIONS,
2001 NOTIFICATION
NO:……… DATE: 8th November
2001
In exercise of powers conferred on it by sub-section (4)
of Section 9, sub-section (1) of section 16 and Section 52 of
the Uttar Pradesh Electricity Reforms Act, 1999 (Act 24 of
1999) and all powers enabling it in that behalf, the Uttar
Pradesh Electricity Regulatory Commission hereby makes the
following amendments to the Uttar Pradesh Electricity
Regulatory Commission (Conduct of Business) Regulations, 2000:
PART
I
GENERAL
1. Short title, commencement and
interpretation:
These regulations may be called the Uttar Pradesh
Electricity Regulatory Commission (Conduct of Business)
First Amendment Regulations, 2001.
They shall come into force on the date of their
publication in the Official Gazette.
The Uttar Pradesh General Clauses Act, 1904 (act 1 of
1904) shall apply to the interpretation of these
regulations.
PART
II
AMENDMENTS
The following shall replace the
existing Regulations 106 to 109 of the Uttar Pradesh
Electricity Regulatory Commission (Conduct of Business)
Regulations 2000, under the head "Grant of Exemption from
Licence".
106. An exemption under Section
16 of the UP Electricity Reforms Act 1999 from licence shall
be granted in a manner that is consistent with the provisions
of the Act and in accordance with these regulations.
107-A General
Exemption
No licence shall be required for distribution and retail
supply of electricity in:
An area where a public event viz. Mela, Exhibition,
etc. is held, for the duration of such event not exceeding
two months.
A residential colony owned and maintained by a person
for the occupation by its employees
A residential complex, by the owner or the registered
society of the occupiers and / or owners. Subject to
the condition that:
Electricity for distribution and retail supply is
procured from the supply Licensee or from a generating
company in case of colonies owned and maintained by that
generating company for the use of its employees or
generated through own captive source and in case of
captive generation capacity exceeding 50 KW, consent of
the Commission has been obtained under Section 21(4) of
the Act.
Distribution and retail supply would be made by a
system owned, operated and maintained by the person so
exempted and the distribution system should meet the
safety requirements as prescribed in Electricity
(Supply) Act, 1948 and other applicable laws.
Such distribution and retail supply is made to
consumers on a no-profit basis.
In clause 107-A (1) (b) and (c) the electricity is
supplied for the domestic use of the residents and for
other common use facilities located within the colony /
residential complex for the use of only the residents of
that colony / residential complex.
The Commission may issue appropriate directions to
ensure that the general exemption is properly availed and
take appropriate actions against persons for any breach
and/or non-compliance and / or for any unauthorized act in
availing the general exemption by such person in accordance
with the provisions of the Act and these regulations.
All disputes relating to the applicability of this
exemption to any person or a class of persons shall be
referred to the Commission whose decision shall be final.
The Commission may, by notification, extend this
exemption to any other person or class of persons, subject
to such terms and conditions that may be specified.
107-B Specific
Exemption
The Commission may, in cases not covered by
section 106, grant exemption to a person for transmission
and / or distribution and / or retail supply of electricity
upon an application made as per prescribed procedure. Such
exemption will normally be granted on grounds of
unavailability or poor quality / reliability of supply of
electricity by the Licensee, efficiency in distribution,
economy to the end-consumers and for any other reasons to be
recorded in writing by the Commission on case-to-case basis.
Application for exemption shall be submitted to the
Commission in five copies as per Annexure III along with
enclosures and prescribed fee. The application shall give
sufficient justification for grant of exemption.
The application would be taken up for hearing only after
the consent of the concerned local authority, the Licensee
(or State Transmission Utility in case of exemption from
transmission licence) and the Central Government is obtained
as per section 16 of the Act. However, if the Commission is
satisfied that the required consent from the Licensee or the
Local Authority is being unreasonably withheld it may grant
the exemption without such consent.
The terms and conditions of the exemption granted by the
Commission shall include the following:
An exemption granted shall be required to be published
by the applicant in such manner as the Commission
considers appropriate for bringing it to the attention of
the public.
If so required by the Commission, the person exempted
shall be required to submit to the Commission within such
time as the Commission may specify, a complaint handling
procedure for redressal of consumers' grievances and shall
implement the same with such modifications as the
Commission may direct.
The person exempted shall pay to the Commission an
annual fee of such amount as may be directed by the
Commission from time to time.
The Commission, while granting the exemption, shall be
entitled to impose any other conditions, as it considers
appropriate, including the terms for revocation or
modification of the exemption.
General Conditions for Exemption
108. In all cases of general / specific
exemption, the person so exempted shall:
furnish to the Commission such information that may be
required for the purpose of discharge of the functions of
the Commission, as the Commission may from time to time
direct;
comply with all the relevant statutes, rules and
regulations, including provisions of the Act, Indian
Electricity Act, 1910, the Electricity (Supply) Act, 1948,
the Indian Electricity Rules, 1956 and technical codes such
as the Grid Code, Distribution Code, Standards of
performance and Overall Standards of Performance; and
comply with any direction which the Commission may issue
from time to time, including but not limited to the charges
that such persons may levy on the end-consumers taking into
account the charges prevailing in an adjacent area of supply
served by a Licensee.
109. The Commission may
revoke an exemption, either specific or general, on grounds of
non-compliance with these Regulations and/or any of the terms
and conditions of the exemption and orders of the Commission
or for any other reason to be recorded in writing. While
revoking the exemption, the Commission may also impose any
fine, charges and/or penalties under Section 28 and 37 of the
Act.
The following Regulation
shall be inserted as Regulation 57A between existing
Regulations No. 57 and 58 of the Uttar Pradesh Electricity
Regulatory Commission (Conduct of Business) Regulations 2000.
57-A In
accordance with Section 345 of the Criminal Procedure Code,
1974, if any person intentionally offers any insult or causes
any interruption in the presence of the Commission, the
Commission may cause the offender to be detained in custody
and may at any time before the rising of the Bench on the same
day take cognizance of the offence and after giving the
offender a reasonable opportunity of showing cause why he
should not be punished under this section, sentence the
offender to a fine not exceeding Rs.200 and in default of
payment of fine, simple imprisonment for a term which may
extend to one month unless such fine be sooner paid.
