Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005

{
    "id": 15276,
    "slug": "bihar-electricity-regulatory-commission-fees-fines-and-charges-regulations-2005",
    "title": "Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005",
    "short_title": "Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005",
    "act_number": "Published vide Notification No.BERC/04/2005, 2nd F",
    "act_year": 2005,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions and Interpretations.",
            "chapter": null,
            "content": "(a) \"Act\" means the Electricity Act, 2003.\n(b) \"Commission\" means the Bihar Electricity Regulatory Commission.\n(c) \"Fees\" mean fees mentioned in the schedule.\n(d) \"Fines and/or Charges\" refers to fines and/or charges that the Commission is empowered to impose under the Act.\n(e) \"Fund\" shall mean the State Regulatory Commission Fund constituted under Section 103 of the Act.\n(f) \"Licensees\" mean licensees under the Act.\n(g) \"Proceedings\" mean and include proceedings of all nature that the Commission may hold in the discharge of its functions under the Act.\n(h) \"Regulations\" mean the Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005.\n(i) \"Schedule\" refers to the schedule appended to these Regulations.\n(j) \"Secretary\" means Secretary of the Bihar Electricity Regulatory Commission.\n(k) \"State Government\" means the Government of Bihar.\n(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;\n(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.\n(c) the headings are inserted for convenience and may not be taken into account for the purpose of interpretation of these Regulations.\n(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.\nChapter II\nFees",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Fees on Application and Petitions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Licensing Fee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Fees payable to State Load Despatch Centre.",
            "chapter": null,
            "content": "Chapter III\nFines and/or Charges",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Imposition of Fines and/or Charges.",
            "chapter": null,
            "content": "(a) The nature and extent of non-compliance or violation.\n(b) The wrongful gain or unfair advantage derived as a result of the non-compliance or violation.\n(c) the loss or degree of harassment caused to any person(s) as a result of the noncompliance or violation.\n(d) the repetitive nature of the non-compliance or violation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Payment of Fines and Charges.",
            "chapter": null,
            "content": "Chapter IV\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Power to Amend.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power to Remove Difficulties.",
            "chapter": null,
            "content": "Schedule\nBihar Electricity Regulatory Commission\n(Fees, Fines and Charges) Regulations, 2005\n(Fees, Fines and Charges) Regulations, 2005\nSl. No.\nSl. No.\nNature of petition / application\nNature of petition / application\nFees\nFees\n1\nDetermination of tariff for supply of electricity by\n generating company to distribution licensee under the provisions\n of clause (a) of sub-section (1) of Section 62 of the Act.\n(a) Conventional fuel based (coal, gas, oil etc) Plant\nRs 10,00,000 (Rs. Ten lakhs) for capacity upto 100 MW. Rs\n 2,500 (Rs. Two thousand five hundred) for each additional MW\n capacity or part thereof\n(b) Non-conventional & Renewable Sources of Energy,\n including co-generation\nRs 10,000 (Rs. Ten thousand) for the first one MW of capacity\n Rs 2500 (Rs. Two thousand five hundred fifty (sic ?) for\n each additional MW of capacity or part thereof\n2\nDetermination of tariff for transmission of electricity under\n the provisions of clause (b) of sub-section (1) of Section 62 of\n the Act\nRs 5,00,000 (Rs. Five lakhs)\n3\nDetermination of tariff for wheeling of electricity under the\n provisions of clause (c) of sub-section (1) of Section 62 of the\n Act\nRs 5,00,000 (Rs. Five lakhs)\n4\nDetermination of tariff for retail sale of electricity under\n the provisions of clause (d) of sub-section (1) of Section 62 of\n the Act\nOne paisa for each 20 kwh Minimum Rs. 5,00,000 (Rs. Five\n lakhs)\n5\nIn case of Multi Year Tariff frame work, annual review of\n tariffs and performance of the licensee during the control period\n as may be necessary, to be paid by the Licensee\nMaximum Rs. 25,00,000 (Rs. Twenty five lakhs) Rs. 5,00,000\n (Rs. Five lakhs)\n6\nReview of Tariff Order as in (1) to (4) above\nRs. 2,00,000 (Rs. Two lakhs)\n7\nApproval of price for Power Purchase or procurement process by\n distribution licensee\n(a) Conventional fuel based (coal, gas, oil etc) Plant\nRs. 15,000 (Rs. Fifteen thousand) per MW (Minimum Rs. 2,\n 00,000 (Rs. Two lakhs) Maximum Rs. 15,00,000 (Rs. Fifteen lakhs)\n(b) Non-conventional & Renewable Sources of Energy\n50 % of the above\n8\nApplication for review of Order for power purchase or power\n procurement process\nRs. 1,00,000 (Rs. One lakh)\n9\nApplication for approval of the schedule of charges of a\n Distribution Licensee under Section 45 and Section 46 of the Act\nRs. 50,000 (Rs. Fifty thousand)\n10\nApplication for entertaining and adjudicating disputes and\n differences between the licensees and the utilities, and review\n petition /application in this regard\nTo be fixed on case to case basis depending on extent of work\n involved.\n11\nAppeal preferred to the Appellate Authority under sub section\n (1) of Section 127 of the Act\n1% of assessed amount rounded off to nearest rupee but limited\n to Rs. 1,00,000 (Rs. One lakh)\n12\nAppeal against the decision of a Chief Electrical Inspector or\n an Electrical Inspector\nRs. 5,000 (Rs. Five thousand)\n13\nInterlocutory Application\nRs. 50,000 (Rs. Fifty thousand)\n14\nDisputes arising under sub-section 4 and 5 of Section 67 of\n the Act, (opening of Streets, Railways etc)\nRs. 10,000 (Rs. Ten thousand)\n15\nApplication for Review or reconsideration of any order of the\n Commission not covered elsewhere in these Regulations, or Review\n of any order on grounds of clerical error/ mistake\nRs. 500 (Rs. Five hundred)\n16\nRequest for Inspection of documents as may be permitted\nRs. 300 (Rs. three hundred) per day\n17\nRequest for obtaining certified copies as may be permitted.\nRs. 3 (Rs. Three) per page\n18\nAny other petition / Application\n(a) By utility/licensee/deemed licensee/ person granted\n exemption from licence\n(a) Rs. 10,000 (Rs. Ten thousand)\n(b) By Institution/ Organisation/Company\n(b) Rs. 5,000 (Rs. Five thousand)\n(c) By Consumer Groups registered with Government of India\n(c) Nil\n(d) Individual Consumer\n(d) Rs. 1,000 (Rs. One thousand)\n19\nOther matters not covered above\nAs may be decided by the Commission\n20\nComplaint against the working of a utility by the end-user /\n consumer\nRs. 25 (Rs. Twenty five)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        }
    ],
    "metadata": {
        "Act ID": "bh494",
        "Act Number": "Published vide Notification No.BERC/04/2005, 2nd February, 2006, Bihar Gazette (Extraordinary) No. 95, dated 10.2.2006",
        "Enactment Date": "",
        "Act Year": "2005",
        "Short Title": "Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations, 2005",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}