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21TH MAGHA 1927(S)
(NO. PATNA 95) PATNA, FRIDAY, 10th FEBRUARY, 2006
BIHAR ELECTRICITY REGULATORY COMMISSION, PATNA
FEES, FINES AND CHARGES REGULATIONS, 2006

NOTIFICATION
The 2nd February, 2006
No.BERC/04/2005–In exercise of powers conferred on it by Section 181 read with clause (g)
of sub-section (1) of Section 86 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 :-

CHAPTER -I
GENERAL

1. Short title, extent and commencement

(1) These regulations may be called the Bihar Electricity Regulatory Commission (Fees,
Fines and Charges) Regulations, 2005.
(2) These Regulations extend to the whole of the State of Bihar.
(3) These Regulations shall come into force on the date of their publication in the Official
Gazette.
2. Definitions and Interpretations
(1) In these Regulations, unless the context otherwise requires:
(a) “Act” means the Electricity Act, 2003.
(b) “Commission” means the Bihar Electricity Regulatory Commission.
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(c) “Fees” mean fees mentioned in the schedule.

(d) “Fines and/or Charges” refers to fines and/or charges that the Commission is
empowered to impose under the Act.
(e) “Fund” shall mean the State Regulatory Commission Fund constituted under section
103 of the Act.
(f) “Licensees” mean licensees under the Act.
(g) “Proceedings” mean and include proceedings of all nature that the Commission may
hold in the discharge of its functions under the Act.
(h) “Regulations” mean the Bihar Electricity Regulatory Commission (Fees, Fines and
Charges) Regulations, 2005.
(i) “Schedule” refers to the schedule appended to these Regulations.
(j) “Secretary” means Secretary of the Bihar Electricity Regulatory Commission.
(k) “State Govt.” means the Government of Bihar.
(2) Words and expressions used and not defined in the Regulations but defined in the Act shall
have the meanings assigned to them in the Act. Expressions used herein but not specifically
defined in the Regulations or in the Act but defined under any law passed by a competent
legislature and applicable to the electricity industry in the state shall have the meaning
assigned to them in such law. Subject to the above, expressions used herein but not
specifically defined in these Regulations or in the Act or any law passed by a competent
legislature shall have the meaning as is generally assigned in the electricity industry.
(3) In the interpretation of these Regulations, unless the context otherwise requires:
(a) words in the singular or plural term, as the case may be, shall also be deemed to
include the plural or the singular term, respectively;
(b) references herein to the “Regulations" shall be construed as a reference to these
Regulations as amended or modified by the Commission from time to time in
accordance with the applicable laws in force.
(c) the headings are inserted for convenience and may not be taken into account for the
purpose of interpretation of these Regulations.
(d) reference to the statutes, regulations or guidelines shall be construed as including all
provisions consolidating, amending or replacing such statutes, regulations or
guidelines, as the case may be, referred to.

CHAPTER - II
FEES

3. Fees on Application and Petitions

(1) Every petition, application or appeal made to the Commission shall be made by payment of
the appropriate fees specified in the Schedule to these regulations.
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(2) The fees payable to the Commission as prescribed under these regulations shall be paid by
means of bank draft or pay order, drawn in favour of Bihar Electricity Regulatory
Commission, payable at Patna. For amounts not exceeding Rs 500, Secretary may accept
cash payments.
(3) The fees received by the Secretary of the Commission under these regulations shall be
deposited in a bank account to be maintained by the Commission at such Bank and in such
branches as Commission may direct from time to time.
(4) All fees received by the Commission under these regulations shall be credited to the Fund.
4. Licensing Fee
(1) As stipulated in sub-section (2) under Section 180 of the Act, the Licence fee for various
licences shall be payable at the rates prescribed by the State Government from time to time.
(2) The licensee as well as deemed licensee shall pay the annual fee for the Financial Year 2006-
07 onwards as specified by the Commission by appropriate Regulation and shall not be
required to pay any initial licence fee.
(3) In addition to the annual fee new entrants shall be required to pay initial license fee also.
(4) All annual fees commencing from the Financial Year 2006-07 shall be paid by 15th April
each year.
(5) In case of late payment of annual fee, interest will be payable on the delayed amount at the
rate of 1% per month.
5. Fees payable to State Load Despatch Centre
The fees payable to State Load Dispatch Centre by the Generating Companies and Licensees
engaged in Intra State Transmission of electricity as stipulated under sub-section (3) of section 32 of
the Act shall be decided separately by the Commission from time to time.

CHAPTER - III
FINES AND / OR CHARGES

6. Imposition of Fines and / or Charges

(1) Subject to the provisions of the Act, the Commission may, while deciding any matter or
proceeding pending before the Commission or at any other time, initiate a proceeding for
imposition of Fines and/or Charges against any person including generating companies and
licensees for non-compliance or violation on their part of the provisions or requirements of
the Act or Rules, Regulations or Codes framed under the Act or the directions or orders of
the Commission made from time to time. The fines and charges for various offences and non
compliance or violations shall be governed by the respective provisions of the Act and the
Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005.

(2) The provisions of the Bihar Electricity Regulatory Commission (Conduct of Business)
Regulations, 2005 applicable to the proceedings shall apply mutatis mutandis to a proceeding
for imposition of fines and / or charges.
 4

(3) While determining the quantum or extent of the Fines and/or Charges to be imposed, the
Commission shall consider, amongst other relevant things, the following:

(a) The nature and extent of non-compliance or violation.

(b) The wrongful gain or unfair advantage derived as a result of the non-compliance or
violation.
(c) the loss or degree of harassment caused to any person(s) as a result of the non-
compliance or violation.
(d) the repetitive nature of the non-compliance or violation
(4) Before imposing any Fines and/or Charges, the Commission shall give an opportunity to the
person upon whom such Fines and/or Charges are proposed to be imposed, to represent
against the proposal to impose such Fines and/or Charges and also on the quantum or extent
of the Fines and/or Charges proposed to be imposed.
(5) The Commission shall issue a notice to the person specifying the nature of non-compliance
or violation on the person’s part and also all upon him to show cause within the time
specified in the notice as to why Fines and/or Charges may not be imposed on him for such
non-compliance or violation.
(6) Where in reply to the notice, the person admits non compliance or violation in writing, the
Commission shall record it and may impose such Fines and/or Charges as it may consider fit
in the circumstances of the case, subject to the provisions of the Act.
(7) If the person to whom a notice has been issued under sub clause (4) above fails to show
cause or denies non compliance with or violation of any provision of the Act or rules or
regulations or an order of the Commission, the Commission may enquire into the matter in
such manner as it deems fit.
(8) The Commission may on being satisfied that no non-compliance or violation of any
provision of Act, rules or regulations or an order of the Commission has been committed,
discharge the notice.
7. Payment of Fines and Charges.
(1) The Fines and/or Charges imposed by the Commission shall be paid within 30 days of the
order of the Commission imposing the Fines or Charges or within such extended date as may
be allowed by the Commission in such order.
(2) The Fines and/or Charges shall be payable in the same manner as provided under sub clause
(2) of clause 3 of these Regulations.
(3) All amounts received as fines and / or charges under these Regulations shall be deposited in a
separate Bank Account opened and maintained by the Commission therefor and shall form
part of the Fund after the State Govt. so notifies, under clause (c) of sub-section (1) of
Section 103 of the Act.
(4) If the Fines and/or Charges ordered by the Commission are not paid within the prescribed
time, they shall be recoverable as arrears of land revenue.
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CHAPTER - IV
MISCELLANEOUS

8. Power to Amend
The Commission shall be entitled to add, amend or alter or vary any provisions of these
Regulations by order, from time to time, as it deems fit for the purpose of meeting the objectives with
which these regulations have been framed.
9. Savings
(1) Nothing in these Regulations shall be deemed to limit or otherwise affect the power of the
Commission to make such orders as may be necessary to meet the ends of justice.
(2) Nothing in these Regulations shall bar the Commission from adopting in conformity with
provisions of the Act, a procedure which is at variance with any of the provisions of these
Regulations, if the Commission, in view of the special circumstances of a matter or a class of
matters and for reasons to be recorded in writing, deems it just or expedient for deciding such
matter or class of matters.
(3) Nothing in these Regulations shall, expressly or impliedly, bar the Commission dealing with
any matter or exercising any power under the Act for which no regulations have been
framed, and the Commission may deal with such matters, powers and functions in a manner,
as it considers just and appropriate.
10. Power to Remove Difficulties
If any difficulty arises in giving effect to any of these Regulations, the Commission may by
general or special order do anything not being inconsistent with the provisions of the Act
which appears to it to be necessary or expedient for the purpose of removing the difficulties.

By the order of the Commission

Sd/-
Secretary
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SCHEDULE
BIHAR ELECTRICITY REGULATORY COMMISSION
(Fees, Fines and Charges) Regulations, 2005

Sl Nature of petition / application Fees

No.
1 Determination of tariff for supply of electricity
by generating company to distribution licensee
under the provisions of clause (a) of sub-
section (1) of Section 62 of the Act.

(a) Conventional fuel based (coal, gas, oil etc) Rs 10,00,000 (Rs. Ten lakhs) for capacity
Plant upto 100 MW.
Rs 2,500 (Rs. Two thousand five
hundred) for each additional MW
capacity or part thereof

(b) Non-conventional & Renewable Sources of Rs 10,000 (Rs. Ten thousand) for the first
Energy, including co-generation one MW of capacity
Rs 2500 (Rs. Two thousand five hundred
fifty) for each additional MW of capacity
or part thereof

2 Determination of tariff for transmission of Rs 5,00,000 (Rs. Five lakhs)

electricity under the provisions of clause (b) of
sub-section (1) of Section 62 of the Act

3 Determination of tariff for wheeling of Rs 5,00,000 (Rs. Five lakhs)

electricity under the provisions of
clause (c) of sub-section (1) of Section 62 of
the Act

4 Determination of tariff for retail sale of One paisa for each 20 kwh
electricity under the provisions of clause (d) of Minimum Rs. 5,00,000 (Rs. Five lakhs)
sub-section (1) of Section 62 of the Act Maximum Rs. 25,00,000 (Rs. Twenty
five lakhs)

5 In case of Multi Year Tariff frame work, Rs 5,00,000 (Rs. Five lakhs)
annual review of tariffs and performance of the
licensee during the control period as may be
necessary, to be paid by the Licensee

6 Review of Tariff Order as in (1) to (4) above Rs.2,00,000 (Rs. Two lakhs)

7 Approval of price for Power Purchase or

procurement process by distribution licensee

(a) Conventional fuel based (coal, gas, oil etc) Rs. 15,000 (Rs. Fifteen thousand) per
Plant MW (Minimum Rs. 2, 00,000
(Rs. Two lakhs)
Maximum Rs. 15,00,000
(Rs. Fifteen lakhs)

(b) Non-conventional & Renewable Sources of 50 % of the above

Energy

8 Application for review of Order for power Rs. 1,00,000 (Rs. One lakh)
purchase or power procurement process
 7

Sl Nature of petition / application Fees

No.
9 Application for approval of the schedule of Rs. 50,000 (Rs. Fifty thousand)
charges of a Distribution Licensee under
Section 45 and Section 46 of the Act

10 Application for entertaining and adjudicating To be fixed on case to case basis

disputes and differences between the licensees depending on extent of work involved.
and the utilities, and review petition
/application in this regard

11 Appeal preferred to the Appellate authority 1% of assessed amount rounded off to

under sub section (1) of Section 127 of the Act nearest rupee but limited to Rs.1,00,000
(Rs. One lakh)

12 Appeal against the decision of a Chief Rs. 5,000 (Rs. Five thousand)
Electrical Inspector or an Electrical Inspector

13 Interlocutory Application Rs. 50,000 (Rs. Fifty thousand)

14 Disputes arising under sub section 4 and 5 of Rs. 10,000 (Rs. Ten thousand)
Section 67 of the Act, (opening of Streets,
Railways etc)

15 Application for review or reconsideration of Rs. 500 (Rs. Five hundred)

any order of the Commission not covered
elsewhere in these Regulations, or review of
any order on grounds of clerical error/ mistake

16 Request for Inspection of documents as may be Rs. 300 (Rs. three hundred) per day
permitted

17 Request for obtaining certified copies as may Rs. 3 (Rs. Three) per page
be permitted.

18 Any other petition / Application

(a) Rs. 10,000 (Rs. Ten thousand)
(a) By utility/licensee/deemed licensee/ person
granted exemption from licence
(b) Rs. 5,000 (Rs. Five thousand)
(b) By Institution/ Organisation / Company

(c) By Consumer Groups registered with (c) Nil

Government of India

(d) Individual Consumer (d) Rs. 1,000 (Rs. One thousand)

19 Other matters not covered above As may be decided by the Commission

20 Complaint against the working of a utility by Rs. 25 (Rs. Twenty five)

the end-user / consumer