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GOVERNMENT OF THE KHYBER PAKHTUNKHWA,

ENERGY AND POWER DEPARTMENT.

NOTIFICATION

No. BOUIl- In pursuance of the provisions contained in a dour od sub

section (l) 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 Province is pleased to make the Order to establish
procedures for the purposes of the aforesaid 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.

(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) “Government” means Government of Khyber Pakhtunkhwa.

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(vi) “Litigation/ Dispute Section” means that section in office of inspection which deals with
dispute resolution and litigation of cases.

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

(viii) “Bench” means a joint seating of Electric Inspector/Deputy Electric Inspector/Assistant

Electric Inspector and AD Legal for disposal of Electricity complaints.

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

(x) “Presiding Officer” means Electric Inspector and in case of bench Electric Inspector or
Deputy Electric Inspector or Assistant Electric Inspector and Assistant Director Legal.

(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.

(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 Inspection means the office of
Electric inspector and the offices of subordinate officers under 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.

(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 along with such number of envelops bearing postal stamps as may, from
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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 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/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 dispute and litigation section
with assigning a number and date thereto.

(7) After registration of case dispute and litigation 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
complaint.

(3) The office of inspection or subordinate office may on its own motion or at the request
of the complainant, 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 within thirty days of such order.
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(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 , Email or Mobile 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 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 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 fact 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.

(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 day with the direction to produce
further record or submit written arguments or for oral arguments.
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(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 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 within seven days to the distribution companies.

(8) In case of non compliance or non pursuing of case by respondents ex partie proceeding can be
taken.

(9) FINAL ORDER: (1) Not earlier 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 or if the Government by general or special order so direct to the
advisory board constituted under section 35 of the Electricity Act, 1910, within thirty (30) days, and
the decision of the Government 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 Thirty Thousands Rupees (30,000) and
in 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.
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(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.