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KHYBER PAKHTUNKHWA
(ESTABLISHMENT AND POWERS OF OFFICE OF INSPECTION)
ORDER 2018

NOTIFICATION

No. SO( )(E&P)/ : In exercise of powers conferred by


sub-section (1) of section 38.0f the Regulation of Generation, Transmission and
Distribution of Electric power Act 1997 (Act No. XL of 1997). The Government of the
Khyber Pakhtunkhwa is pleased to make the following Order to establish
procedures for the purposes of the aforesaid provision, namely:--

THE KHYBER PAKHTUNKHWA

(Establishment and Powers of Office of Inspection) Order 2018

1. SHORT TITLE AND COMMENCEMENT:


(1) This Order may be called the Khyber Pakhtunkhwa (Establishment and Powers of Office of
Inspection) order 2018.

(2) These shall come into force at once.

2. DEFINITION-(1) In this Order, unless there is anything repugnant in the subject or context:

(i) "Act” means the Regulation of Generation, Transmission and Distribution of Electric
Power Act (Act No. XL of 1997);

(ii) “Code” means the Code of civil Procedure, 1908.

(iii) “Office of Inspection” means an office established by the Government under section 38
of the Act.
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(iv) “Electric inspector” means any person appointed under section 36 of Electricity Act
1910 and conferred with the powers of office of inspection under section 38 (1) of the
Act.

(v) “Presiding Officer” means Electric Inspector and in case of bench Electric Inspector or
Deputy Electric Inspector or Assistant Electric Inspector and Assistant Director Legal.
(vi) “Government” means Government of Khyber Pakhtunkhwa.
(vii) “Litigation and Dispute Section” means that section in office of inspection which deals
with dispute and litigation of cases.

(viii) “Assistant Director Legal” means an officer in BPS-17 or above who deals with Legal
matters in office of Inspection.

(ix) “Bench” means a joint seating of Electric Inspector or Deputy Electric Inspector or
Assistant Electric Inspector and Assistant Director Legal for disposal of Electricity
complaints.

(x) “Register of complaints” means a register with Litigation and dispute section for
registration of complaints.

(xi) “Subordinate Office” means office of Deputy Electric Inspector, Office of Assistant
Director Legal and Office of Assistant Electric Inspector.

(xii) “Violation” means any act or omission contrary to any of the provision of the Act or
Rules or By Laws or order or instructions of Presiding Officer or Subordinate Officers
mentioned above.

(xiii) “Violator” means anyone who has committed a violation.

(xiv) “Laboratory” means a laboratory at the offices of Inspection for checking of electricity
Meters, Maximum demand Indicators and other electrical equipments.

(2) Words not defined in this order shall have the same meaning as or assigned to them in
the Act and Rules made there under.

(3) ESTABLISHMENT OF OFFICE OF INSPECTION (1) The office of Electric inspector and the
offices of subordinate officers shall constitute the “Office of Inspection” for the purpose of
section 38 of the Act.

(2) The office of inspection shall have powers:-

a. To deal with the complaints in respect of Metering, Billing and Collection of Tariff and
other connected matters and pass necessary orders.

b. To enforce penalties and implement orders passed and enforce orders passed on
appeals.
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(4) FILING OF COMPLAINTS AND PETITIONS: (1) An aggrieved Person, Consumer or a Licensee
shall file separate complaint for each violation which shall contain full name and address of the
complainant, the grounds of the complaint and the name and address of the violator.

(2) The complaint shall be duly signed by the complainant or his authorized representative
and shall be supported by a summary of evidence, giving brief facts, data and any other
documentary proof or evidence along with such number of envelops bearing postal
stamps as may, from time to time, be directed by the office of inspection and statement
of the complainant shall be verified by an affidavit.

(3) The complaint shall be lodged/submitted in office of inspection in dispute and litigation
section, during office hours, along with such number of copies as the office of inspection
may, from time to time, direct and each set of the complaint shall be complete in all
respect.

(4) The contents of the complaint shall be examined by Litigation and dispute section to see
the jurisdictional aspects of the case and to see whether the complaint is in accordance
with the above mentioned procedure.

(5) i. If the complaint is not in accordance with the afore mentioned procedure, the
dispute and litigation section will return the same to the complainant with the direction
to rectify the same within five days and Re-file the same by removing the defects and
inconformity with the above mentioned procedure.

ii. If the complaint was found beyond the jurisdiction of ‘office of inspection’ the
same shall be returned without further process.

(6) If the complaint was found to be within the jurisdiction of office of inspection and
inconformity with the above mentioned procedure, then the complaint shall be signed,
stamped and be registered in the register of complaints in litigation and dispute section
with assigning a number and date thereto.

(7) After registration of case litigation and Dispute section shall issue summon to
respondents for submission of written reply and notice for hearing to the parties with
mentioning of date and place of hearing therein, and if necessary shall issue interim
order as it may deem fit.

(8) All the proceeding on a petition shall be held at the office of inspection before electric
inspector unless he designates a different location preferably ‘subordinate office’ in the
notice.

(5) INVESTIGATION OF THE COMPLAINT: (1) The office of inspection or subordinate office shall
commence investigation in to the subject matter of the complaint within fifteen days of its
receipt.

(2) No complaint shall be rejected without affording an opportunity of being heard to the
complainant or his representative submitting the complaint as the case may be, a
complaint shall be accepted or rejected within a period of fifteen days of receipt of the
complaint.
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(3) The office of inspection or subordinate office may on its own motion or at the request
of the complainant or respondents issue appropriate interim order as it may deem fit
till the disposal of the complaint.

(4) Any aggrieved Person may file an appeal against the rejection of complaint or the
interim order before the Government (Secretary Energy & Power) or Advisory Board if
constituted under section 35 of Electricity Act 1910, within thirty days of such order.

(6) SERVICE OF SUMMON: (1) In case complaint is not rejected under section 5(2) the office of
inspection shall at the cost of the complainant, issue a notice along with the copy of complaint
to the respondent through any one or more of the following modes:-

i. By ordinary mail;

ii. By registered Post with acknowledgement due;

iii. By hand delivery through a messenger;

iv. By Publication in two daily National News Papers one in Urdu and one
In English language, in case where office of inspection is satisfied that it
is not reasonably practicable to serve notice in any other manner such
as Telephone call, Email or Mobile phone call or Text Message;
(2) Notice under sub Rule (1) shall specify the date, time and place of the
hearing.
(3) No service or Publication shall be deemed invalid by reasons of any defect in
the name or description of a person provided that the office of inspection is
satisfied that such service or publication is sufficient.
(4) In default of compliance with the order of the office of inspection regarding
service of summon, notice or publication, the complaint may either be
dismissed or such other direction be given as it deem fit and proper.

(7) REPLY AND REJOINDER:(1) Each respondent to whom notice is issued shall file a reply within
fifteen days of the date of receipt of such notice or publication of the notice with such number
of copies as may be directed by the office of inspection.

(2) The reply shall specifically include admission, denial or explanation of the facts stated in
the complaint or any other relevant facts.

(3) The reply shall be signed, Verified and supported by an affidavit duly supported
by copies of relevant record or as may be directed by the office of inspection.

(4) In case the respondent brings other relevant facts on record, the complainant
shall be allowed to file a rejoinder within fifteen days of the submission of reply.

(8) PROCEEDING AND SITE INSPECTION: (1) After receipt of complaint and written reply, the
office of inspection shall examine the same and decide whether hearing is required or not and if
necessary may direct either party to produce and submit any document or data or record or
other information necessary for just decision of the case.
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(2) The office of inspection may summon both the parties or one party or any person as it deem fit
for recording of evidence.

(3) That the office of inspection may adjourned the hearing for next date, with the direction to
produce further record or submit written arguments or for oral arguments.

(4) In case the office of inspection comes to the conclusions that site inspection is necessary to
arrive at a fair and just decision a visit of the site may be carried out preferably in the presence
of both the parties.

Provide that inspection fee shall be paid by complainant or respondent as the case may be, for
this purpose as provided in the scale of fee order notified under rule (7) of the Electricity Rules
1937 by the Government.

(5) That in case of Meter complaint, Meter Shall not be removed from the site until the same is
inspected by the office of inspection or allowed by the office of inspection to remove the same
during pendency of complaint.

(6) In case a default is detected in the meter, the office of inspection may direct the distribution
company to replace the meter within ten days of the date of inspection of the Meter.

(7) That in case of unjustified and illegal disconnection of electricity to the consumer, order may be
issued for reconnection of the same within seven days to the distribution companies.

(8) In case of non compliance or non pursuing of case by respondents ex parte proceedings can be
initiated.

(9) FINAL ORDER: (1) Not later then 120 days of the filing of the complaint, the office of
inspection shall issue its final order, in case of delay reasons shall be recorded in writing for such
delay. Final order shall be comprehensive in all respects, containing the violation made and
penalties imposed therein.

(2) That in case of decision by bench it must be signed by both the officials.

(3) A certified copy of the order or any other document on file shall be supplied to the parties on an
application duly affixed with stamps at the rate notified by Government from time to time.

(10) APPEAL: An aggrieved person may file an appeal against the final order made by the office of
inspection before the Government (Secretary Energy & Power) or if the Government by general or
special order so direct to the Advisory Board constituted under section 35 of Electricity Act 1910
within thirty (30) days, and the decision of the Government(Secretary Energy and Power) or the
advisory board as the case may be shall be final in this regard.

(11) PENALTIES: (1) Any Person, Consumer or a License who commit a violation shall be
punished with a fine which may extent one Lac (1, 00,000) Rupees for each violation, and in case of
continuous violation with a further fine which may extent to two thousands Rupees for every day
during which the violation continues.

(2) Any Person consumer or License who commit breach of any interim order issued by the office of
inspection shall be punished with a fine which may extent to Fifty Thousands Rupees (50,000) and in
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case of continuous violation of interim order with a further fine which may extent to one thousand
Rupees for every day during which the violation continues.

(12) ENFORCEMENT: In case of nonpayment of any penalty imposed under this order, the same shall
be recoverable as arrears of Land Revenue.

(13) RECORD: A record of all complaints, Replies and decisions relating to the office of
inspection shall also be maintained for public inspection and examination.

(14) “NWFP (Procedure Relating to Violation of Instructions) Order 2002” is hereby repealed and
substituted by this Order.

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