Chapter-XI- Indian Electricity Rules

Indian electricity rules, 1956

Chapter-XI
Miscellaneous
 

133. Relaxation by Government

(1) The State Government, or where mines, oil-fields or railways or works executed for or an behalf of the Central Government, are affected, the Central Government may, by order in writing, direct that any of the provisions of rules in Chapter IV other than rules ¹44A and 46, and all rules in Chapters V, VI, VII, VIII, and IX, shall be relaxed generally or in particular case to such extent and subject to such conditions as it may think fit.

(2) The Central Government may, by order in writing, direct that any of the provisions of Chapter X of these rules shall be relaxed in any particular case to such an extent and subject to such conditions as it may think fit.

134. Relaxation by inspector

(1) The Inspector may, by order in writing, direct that any of the provisions of rules 44, ²50(1) (a), (b), and (d), 5OA(2), 51(1), 161(2), 63, 64(2), 65, 71 to 73 (inclusive),76 to 80 (inclusive), 90, ³118, 119(1)(a), 123(5), 123(7), 123(9) and 130, shall be relaxed in any case to such extent and subject to such conditions as he may think fit.

(2) Where the voltage of any system does not exceed 125 volts the Inspector may, by order in writing, direct that any of the provisions of rules 29 to 34 (inclusive), 36 to 39 (inclusive), 83, 92, 94 to 107 (inclusive), shall in addition to the rules specified in sub-rule (1), be relaxed as regards such systems, to such extent and subject to such conditions as he may think fit.

(3) Every relaxation so directed shall be reported forthwith to, and shall be subject to disallowance or revision by, the State Government or where the relaxation affects mines, oil-fields or railways, by the Central Government.

135. Supply and use of energy by non-licensees and others

Where any person other than a non-licensee is supplied with energy by a non-licensee or other person or has his premises for the time being connected to the conductors or plant of a non-licensee or other person, or himself generates energy and uses such energy or part thereof, such person shall be deemed to be a consumer for the purposes of rules 9, 10, 29 to 33 (inclusive), 45 to 70 (inclusive), 87 and 142 and the non-licensee or other person shall be subject to all the liabilities imposed on a licensee by these rules.

136. Responsibility of agents and managers

Where any person is responsible for the observance of any of these rules, every agent and manager of such person shall also be responsible for such observance in respect of matters under their respective controls.

137. Mode of entry

All persons entering in pursuance of the Act or these rules, any building which is used as a human dwelling or place of worship shall, in making such entry, have due regard, so far as may be compatible with the exigencies of the purpose for which such entry is made, to the social and religious usages of the occupant of the building entered.

138. Penalty for breaking seal

Where, in contravention of rule 56 any seal referred to in that rule is broken

(a) the person breaking the seal shall be punishable with fine which may extend to two hundred rupees;

(b ) the consumer when he has not himself broken the seal shall be punishable with fine which may extend to fifty rupees unless he proves that he used all reasonable means in his power to ensure that the seal should not be broken.

COMMENTS

Where the seal is found broken in contravention of r. 56 even the consumer who has not broken the seal is punishable under r. 138 with fine unless it is proved that he had taken all reasonable means in his power to ensure that seal should not be broken.-Jagan Nath v. B.S. Ramaswamy AIR 1966 SC 849

The question whether the allegations of theft are true or not has to 00 examined and decided in an appropriate proceeding.-M.C.D. v. M's. Ajanta Iron & Steel Co. (PJ Ltd. AIR 1990 SC 882

⁴138A. Penalty for breach of rule 44A

Where, in contravention of rule 44A, any person responsible for the generation, transformation, transmission, conversion, distribution, supply or use of energy fails to report to the Inspector and other authorities concerned the occurrence of accidents, such person shall be punishable with fine which may extend to three hundred rupees.

139. Penalty for breach of rule 45

Where any electrical installation work of the nature specified in sub-rule (1) of rule 45 has been carried out otherwise than-

(a) under the direct supervision of a person holding a certificate of competency issued by the State Government under that rule;

(b) in the absence of any applicable exemption under the proviso to sub-rule of that rule, by an electrical contractor licensed by the State Government in this behalf;

⁵the consumer, owner or occupier, the contractor (if any) or the person through whom the work is being or was carried out and the person under whose immediate supervision the work is being or was carried out, shall each be punishable with fine which may extend to three hundred rupees.

⁶140. Penalty for breach of rule 82

(a) Where no notice is given under rule 82(1) or the amount of estimate as demanded under rule 82(2) is not deposited, both the persons proposing and the contractor engaged for erecting a new building or structure whether permanent or temporary or for making in or upon any building or structure any permanent or temporary additions or alterations, shall be deemed to have committed a breach of rule 82(1) and shall be punishable with a fine which may extend to three hundred rupees;

(b) If any person, commences or continues any work in contravention of rule 82(3), in or upon any such building, structure, flood bank, road or carries out addition or alteration thereto, the person contravening the same shall be punishable with a fine which may extend to three hundred rupees.

In addition to this the suppliers shall, after obtaining the concurrence of the Inspector, discontinue the supply, if any, to such building, structure, flood bank or road, etc. but only after giving forty-eight hours notice to the person concerned in writing of disconnection of supply and shall not commence the supply until he and the Inspector are satisfied that the cause has been removed.

⁷140A. Penalty for breach of rules 77,79 or 80

Where a person is responsible for any construction which is or which results in contravention of the provisions of rules 77,79 or 80, he and the contractor whom he employs shall be punishable with a fine which may extend to three hundred rupees, and in the case of a continuing breach, with a further daily fine which may extend to fifty rupees.

141. Penalty for breach of rules

Any person other than an Inspector ⁸ or any officer appointed to assist the Inspector who, being responsible for the observance of any of these rules commits a breach thereof, shall be punishable for every such breach with fine which may extend to three hundred rupees, and in the case of a continuing breach with a further fine which may extend to fifty rupees, for every day after the first during which the breach has continued.

142. Application of rules

Subject to the provisions of sub-section (2) of section 58, these rules shall be binding on all persons, companies and undertakings to whom licences have been granted or with whom agreements have been made by or with the sanction of Government for the supply or use of electricity before the commencement of the Act.

143. Repeal

The Indian Electricity Rules, 1937 are hereby repealed:

PROVIDED that any order made, notification issued or anything done or any action taken under any of the said rules shall be deemed to have been made, issued, done or taken under the corresponding provisions of the rules.

1 Substituted for"44" by GSR 1723, dt.21-11-1977, w.e.f. 31-12-1977.
2 Substituted by GSR 45, dt.1-1-1993, w.e.f. 23-1-1993.
3 Substituted by GSR 466, dt.18-7-1991, w.e.f.17-8-1991.
4 Inserted by GSR 523, dt. 28-3-1966, w.e.f. 9-4-1966.
5 Substituted by GSR 1723, dt. 21-11-1977, w.e.f. 31-12-1977.
6 Substituted by GSR 529, dt.11-7-1986, w.e.f..19-7-1986.
7 Inserted by GSR 1723, dt. 21-11-1977, w.e.f. 31-12-1977.
8 Inserted by GSR 522, dt.17-3-1970, w.e.f. 4-4-1970.