Electrical Safety In India

Electrical Safety in India - a Perspective Jai Kishore

S . K. Kaul

Assistant Director, CEB Central Electricity Authority, New Delhi

Director, CEB Central Electricity Authority, New Delhi

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framework governing safety aspects in electrical power industry and its use, other, codes/standards/regulations and Government orders viz. BIS Standards, Factories Act, Boilers Act, National Electric Code, Consumer Protection Act and Quality Control Orders provide the supplementary backup. Also, Section 22(2)(i) of Electricity Regulatory Commission Act, 1998 provides for State Electricity Regulatory Commission to lay down and enforce safety standards. Though, not much clarity is as yet available on this aspect however, it may not be impertinent to add that in these days of globalization and fast changing technology era, such issues need wholesome and coordinated approach to ensure uniform and better safety standards throughout the country.

Abstract The necessity and importance of safety in canying out various works pertaining to generation, transmission, distribution and use of electrical energy is well recognized. A h , the necessity of various ways and means for avoiding accidents is obvious and can be very well visualized. We all know accidents bring with them untold miseries to the working personnel, their families, result in loss of precious lives, loss of working man h u h , interruption in supply, inconvenience to consumers and financial loss etc. So far the general impression is that electrical supply industry in India has maintained a sompwhat good safety record. However, going by the reports and the available s e t i c s , this confience seems to be somewhat misplaced. Due to various electrical accidents and mishaps, thousands of human lives are lost every year in addition to damage to property, loss in revenue and inconvenience to consumers. Knowledge and analysis of various laws and rules governing the safety aspects of Electrical Power Industry is therefore, considered essential to minimize electricity related accidents

11. CENTRAL ELECTRICITY BOARD

2.1

I. INTRODUCITON

In India mostly State Electricity Boards, Government Corporations, Local Bodies, licensees etc. are engaged in generation, transmission and distribution of electficity. They supply energy to all categories of consumers. It is therefore, essential that the safety management and monitoring system should ensure: 1. 2. 3. 4. 5. 6.

Constitution

2.1.1 Central Electricity Board has been constituted primarily to frame rules and guidelines to be observed by the organizations engaged in the business of electricity covering generation, transmission, distribution and its use. Section 36A of the IE Act, 1910 provides for the constitution of this apex National Body empowered to make rules for the whole or any part of the territories to which the IE Act, 1910 extends. The membership of the Board is provided for through nomination by the authorities under clause (a) to (i) of sub-section (2) to Section 36-A of the said Act. The nominating authorities to the Board are as follows:

Safety to self Safety to fellow workman Safety to consumer Safety to the public Safety of apparatus and appliances Continuity and reliability of supply

The Central Government to nominate a Chairman and five other members and one member to represent Federation of Electricity Undertakings of India.

1.1 To cover some of the above-mentioned aspects, the Indian Electricity Acts and Rules have been promulgated by the Government of India. The IE Act, 1910 (to be read with E (S) Act, 1948) predominately covers issues related to the supply and use of electrical energy, which inter-alia include issues related to safety. It is under the said Act that an apex Rule making Statutory Body, Central Electricity Board, has been constituted and the Indian Electricity Rules (I.E. Rules), 1956 have been promulgated. Provision for creation of Inspectorate organization by appropriate Governments for overseeing the implementation of safety related rules and issues etc. is also provided in the said Act. Though, IE Act, 1910 and the rules made thereunder provide the broad

The following to nominate one member each: a) The State Government (with the exception of the State of J&K to which the Indian Electricity Act, 1910 is inapplicable) b) The State Electricity Boards c) The Railway Board as constituted under the Indian Railways Act of 1890. d) The Chief Inspector of Mines as appointed under Section 5 of the Mines Act of 1952 and e) Bureau of Indian Standards ?.1.2 The present strength of the Board is forty nine (49) representing Central Government nominees from All India

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Radio, Directorate of Utilities (Ministry of Defence), Nuclear Power Corporation of India, Central Public Works Department (CPWD) and Department of Telecommunications. State Governments have nominated their Chief Electrical Inspectors as their nominees. State Electricity Boards and other States where the Office of Electrical Inspectorate Organizations are yet to be formed have also nominated their representatives. Other nominees on the Board are from Federation of Electricity Undertakings of India, Railway Board, Directorate General of Mines Safety & Bureau of Indian Standards. It may be observed that the members are drawn from various organizations (both State & Central) from all over the country dealing with supply, use and inspection aspects of electricity. Thus, it is a body representing various shades of opinion with varied experience and wealth of knowledge. There is however, a scope to widen its base so as to remove the impression that the constitution of the Board has a public sector bias. Representation from generating companies both public sector and private, trade and commerce is likely to strengthen the Board and make it more broadbased organization to serve the purpose for which it has been constituted.

for the framing of Rules where the same is subject to the condition of previous publication. The procedure prescribed therein is as follows: a) The authority having power to make the rules, shall, before making them, publish a draft of the proposed rules for the information/comments, if any, from general public. b) the publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the Government concerned prescribes; c) there shall be published with the draft, a noticespecifying a date on or after which the draft will be taken into consideration; d) the authority having power to make the rules and, where the rules are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules from any person with respect to the draft before the date so specified; e) The publication in the official Gazette of a rule purporting to have been made in exercise of a power to make rules after previous publication shall be conclusive proof that the rule has been duly made.

2.1.3 The management of the workdactivities of the Board is performed through a secretariat provided by Central Electricity Authority with one of its Chief Engineers, acting as Secretary of the Board. The Chairman of the Authority has been nominated by the Central Government as the Chairman of the Board. 2.2

2.4

Section 38 of the Act, provides for certain safeguards against any abuse of the delegated powers. The safeguards, thus provided, are as follows:

Powers and Functions of the Central Electricity Board

The Central Electricity Board is statutorily invested with certain powers and functions under the Indian Electricity Act, 1910. The powers of the Board to make rules are provided for under clauses (a) to (1) of sub-section (2) to Section 37 of the said Act. These are broadly categorized as under:

a) the power to frame rules has been delegated to a statutory and technically expert body, namely, the Central Electricity Board; b) the provisions of Section 37 of Indian Electricity Act, 1910, strictly define the parameters of the delegated power; c) there is a provision under Section 38 of the Electricity Act, 1910, for laying the rules before each House of Parliament; d) there is a provision for prior publication of the draft rules under Section 38 of the Electricity Act, 1910; e) The statutory safeguards provided for in Section 23(3) of the General Clauses Act, 1897, have been incorporated by reference as part of the mandatory procedure in the framing of the Electricity Rules, 1956.

To frame rules in regard to the regulation of the generation, transmission, supply and use of electricity in the whole or any part of the country to which the Electricity Act of 1910, is applicable, and for the object of generally effectuating the purposes and objects of the said Act. To provide for the protection of persons and property from injury by reason of contact with or the proximity of, or by reason of the defective or dangerous condition of, any appliances or apparatus used in the generation, transmission, supply or use of energy. To prescribe the qualifications to be required of Electrical Inspectors. 2.3

ProGisions Respecting Rules

2.5

Procedure of the Board Meeting

The Board is empowered to regularize its own procedure by by-laws or otherwise and the conduct of business to be transacted by it. The Board has accordingly prepared its own by-laws for the conduct of its business. Based on these by-laws, the procedure adopted for

Procedure for Framing the Rules

Section 38 of the IE Act, 1910 lays down the procedure

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Iv.

amendment / addition in the IE Rules followed as such is given in the appended chart. It may be observed that though the procedure is little time-consuming but it ensures necessary safeguards as well as wider participative debate.

THE BOARDMEETINGS

The Board meets regularly to consider proposals received from various quartedmembers of the Board on additiondamendments in the said rules keeping in view technological advancements, change in skiWtechniques as well as practical problems encountered by the people connected with the supply and use of electricity. So far, 36 such meetings have been held by the Board in various parts of the country. In addition to various other amendment / additions, the following important issues / amendments were recommended by the Board during the last 3 years so as to improve upon the safety management in electrical power industry on the one hand and also ensure quality and reliable power supply on the other:

111. INDIANELEC~RICITY RULES, 1956 The IE Rules which were published in the Gazette of India vide SRO 1455 on June 26, 1956 is a monumental testimony of the work done by the Central Electricity Board. The IE Rules contain XI chapters and XIV annexures covering various aspects governing not only safety but also quality and reliability of electric power supply in India. Chapters IV to X are mainly devoted to safety related issues. The rules as such seem to be comprehensive which inter-alia include method of earthing system for various types of Installations and equipment, Qualifications of inspectors and officers to assist him, Intimation of accidents, Format for accident report, Provision of Appeal, Inspection fees etc. obligations for supplier as well as consumer to ensure full precautions and safety in regard to electric supply lines, wires, fittings or apparatus belonging or controlled by them respectively also exists in the said rules. To ensure quality of workmanship, provision also exists for prohibiting electrical installation work of all character from being executed by an unlicensed electrical contractor or without the supervision of a qualified competency certificate holder. Efforts are also underway so that the State Govemments could frame suitable guidelines based on which the licenses are issued to Electrical Contractors. This is considered essential to improve upon the quality of workmanship, The rules stipulate inspection of consumers’ installation before energisation as well as periodic inspection after every five years. Training for operation and supervisory staff of power plants 100 MW and above and associated switchyard has been made mandatory; a comprehensive syllabus for such training is also covered in the rules, which is being updated. It is also proposed to make training for O&M personnel of Transmission & Distribution lines mandatory for which syllabus and necessary amendment in the Rule is being pursued by the Board. The rules also contain various instructions/provisions regarding location/position of cut outs at consumer’s premises, fire control equipment and first aid, safety clearances for equipment/transmission lines, precautions to be adopted in mines and oil fields and in Electric traction. A format for Model Condition of Supply for guidance of suppliers is also provided in the Rules. In order to ensure quality supply to consumers Rules 54 and 55 stipulate the permissible variation in the voltage and frequency. Further, to ensure better compliance of the Rules, provision for penalty has also been provided. There also exist provision for relaxation in Rules in certain cases to be given by Govemment/Inspector. The rules are constantly updated/amended for which Board holds regular meetings.

1. Amendment in rule no. 76. This pertains to overhead lines and the objective is to bring the rule in conformity with the IS : 802 (1995) and also to provide safeguards for lines not covered in the said IS. 2. Provide for mandatory training of transmission and distribution personnel and preparation of syllabus for such training. 3. To make mandatory provisions for limiting of harmonic infeed to save equipment/appliances from probable damage. 4. Safety clearance for HVDC lines. 5. To suggest amendments in earthing method / practice. 6. Updating of syllabus for O&M personnel in power plants and sub stations. supervisors and wcykmen 7. Syllabus for electrical permits. 8. Competent authorities to prepare guidelines for issuing electrical contractors licenses to ensure quality and safety in workmanship. 9. Guidelines for use of electrical poles for supporting cables of cable TV networks (wherever permitted by competent authorities) to ensure safety. 10. Qu&ty control of electrical goods - follow up of government orders. 11. Improvement in skills and availability of testing facilities with electrical inspectorate organizations. 12. Observance of safety week every year in first week of May for creation of public awareness about electrical hazards and accidents. 13. Appointment of safety officer by various organizations for coordinating activities connected with electrical safety. 14. Compilation and analysis of statistics on accidents and remedial measures. 15. Institution of safety awards for best performance in safety management in electrical power sector. 16. Lowering of frequency variation limit to 2% from existing provision of 3%.

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17. Provision for use of only dry type transformer in commercial buildings etc. V. ELECTRICAL ~NSPECTINGORGANIZA~ONS / APPOINTMENT OF ELECTRICAL INSPECTOR

a) The memorandum of appeal shall be in writing. b) A copy of the order appealed against shall accompany the appeal. c) Shall be duly presented within the prescribed period of limitation to the appellate authority. d) The memorandum of appeal in case of other parties being involved in the dispute shall incorporate to include them in the memorandum of opposite parties and shall be duly signed and properly presented by the appellant.

5.1 Under sub-section (1) to Section 36 of the IE Act, both the Central and the State Government are empowered to appoint Electrical Inspectors. However, the powers and jurisdiction of the Central and the State Government to appoint such Electrical Inspectors is confined to such areas and in respect of such class of works and electric installations as may be under their management and control. Under the Indian Electricity Act, 1910, the power of the Central Government is restricted to works or electrical installations belonging to or under the control of the Central Government or in relation to any mines, oil fields, railways, aerodromes, telegraphs, broadcasting stations and any works of defence whereas the State Governments exercises all the powers in respect of all the electrical works/installations etc. under their respective management and control The Electrical Inspector is the statutory agency to implement and monitor the safety provisions envisaged in the Act & Rules. Their primary duty is to safeguard the interest of the users of electricity, general public and power industry in the matters of safety and other related issues as provided in the Act. The qualifications for appointment of Electrical Inspector have been provided for under Rule 4 of the IE Rules, 1956 & Rule 4A provides for appointment of officers to assist Electrical Inspectors. The persons appointed to be an electrical inspector must possess a degree in electrical engineering or its equivalent from a recognized University or Institution and should have at least eight years experience in the relatedhelevant fields of work. The officers appointed to assist the Inspectors should also possess a degree in electrical engineering and should have a work experience of at least three years. It may be observed that only well-qualified and experienced persons are appointed as Electrical Inspectors. 5.2

presentation of the appeal, the Appellate Authority is bound to issue the appropriate notice to the opposite parties. In regard to the filing of appeal under the aforesaid provision, the following procedure needs to be followed:

VI. ACCIDENTS AND INQUIRIES

Accident prevention has to be based on the logical analysis of the reports and therefore, an adequate legal back up regarding inquiry, penalty and compensation has to be formulated at national level. Section ‘33’ of the I E Act, 1910 vests certain powers in the Electrical Inspector for the purpose of inquiry and submission of report. The statute, however, does not provide any limitations for the lodging of the reports etc. This aspect has been covered under Rule 44A of the I E Rules, 1956. Thus, section 33 of the said Act which when read with provisions of Rule 44A, Rule 44 and Annexure XI11 to the said rules together provide a comprehensive legal framework on the subject covering various aspects like powers of Electrical Inspector for the purpose of inquiry and submission of report, format of such reports, procedure and time limit for intimation of accidents etc. It may be added that accident inquiries not only cover human beings but also cover loss of animal life or injury to an animal.

VII. QUALITY CONTROL ORDERS OF GOVERNMENT OF INDIA 7.1 Making available to users of electricity only good quality electrical goods/appliances/accessoriesis another area warranting attention of authorities that are to reduce electricity related accidents. Government of India has issued following 3 orders in this regard:

Appeals

Sub-section (2) to Section 36 of the said Act provides for a statutory right of appeal from the decision of an electrical inspector. Ordinarily the appeal shall lie to such Government, which is the appointing authority of the electrical inspector whose decision in question is being appealed. However, if such Government specifically so directs, then such appeal shall lie to the Advisory Board which may be appointed by such Government under section 35 of the said Act. In some States, the power to appeal is proposed to be given to State Electricity Regulatory Commission. Rule 6 of the IE Rules, 1956 provide that in case of an order passed by an Electrical Inspector, the appeal shall be presented before the appropriate Government within three months of the date on which such order has been served or delivered or deemed to have been served or delivered. On

a) Household Electrical Appliances - (Quality Control) Order 1981 - 33 electrical appliances are presently covered in this order. b) General Service Electric Lamps (Quality Control) Order 1989. This is in respect of Tungsten Filament General Service Electric Lamp (up to 1OOW). c) Electric Wires Cables, Appliances and Accessories (Quality Control) Order 1993 The Quality Control Orders referred in above have been issued by the Government of India under Section 3 of

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required to be initiated to check the inflow of non-standard electrical goods/appliances in the market as such goods are not only inefficient but also many a time a cause of accidents/fires.

Essential Commodities Act, 1955 and the enforcement thereof is to be done by an appropriate authority to be appointed for this purpose by the respective State GovernmentsKJnionTerritories. 7.2

VIII. CONCLUSION

The Quality Control Orders inter-alia provide for the following

Electricity has come to play a very vital role in the life of our society. In the present stage of our economic development, we are witnessing fast changes not only in technological sophistication but also in the policies, approach and attitude of all concerned with the business and use of electrical energy. This has placed extra responsibility on the people dealing with administration and implementation of electricity laws and rules so as to ensure hazard free, reliable & quality supply to the users. The Indian Electricity Act, 1910 and rules framed therein have served us fairly adequately so far, the rules are being updated regularly to take cognizance of the changing scenario. The need of the hour is to lay more emphasis on effective and purposeful implementation of the rules. Sufficient attention needs to be given also for creating public awareness not only about the hazards of misuse of electrical energy but also about the electricity rules and safety requirements and dangers of using sub-standard, cheap electrical goods/appliances. The general impression is that most of the people concerned with supply and use of energy seem to be ignorant about such laws and rules. It is with this background that an effort has been made to present, very briefly, the various techno-legal provisions covering the safety aspects of electrical power industry in India. It is hoped that the information contained herein will be found useful by all concerned. (Commentdobservations, which would be useful in improving the safety management and environment in electrical power industry in India, would be highly appreciated.)

Prohibition for manufacture, store for sale, sell or distribute any of the items covered in the order which does not conform to the specified standards. Certification of manufacturers - The manufacturer has to take a manufacturer’s certificate from the appropriate authority for manufacture of the subject household appliances/license from BIS for use of the standard mark. Power to call for information etc. - It provides for search and entrance to any premises and seize electrical goods in respect of which it is believed that a contravention of the orders have been committed. Testing of samples. Enforcement of the aforesaid Quality Control Orders in strict and effective way has direct bearing on the safety of users of the electrical goods covered in the orders. A thorough review regarding the aspect of institutional setup for overseeing implementation of these orders is called for. As per the recent press reports, the need for a single authority to tackle the problem of spurious drugs is being debated for some time now and it is understood that as an immediate measure some leading companies have formed an alliance to be known as “Anti Spurious Drug Task Force” to handle what has been termed as “A black mark in the industry”. The task force will pool their intelligence and resource to check this menace. It is felt that a similar line of action may also be

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APPENDIX - Item NO,2.5

CENTRAL ELECmCITY BOARD PROCEDURE FOR AMENDMENT IN I. E. RULES, 1956 (Section 38 OFT. E. Act, 29 IO, CEB Bye-laws, August, I99 1)

RECEIPT OF FRESH PROPOSAP (One Monfh)

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CEB MEMBERS

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REJECTION

(UNDER BYE-LAWS)

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CONSOUDATION/COMPILATION @

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(At Imst One Mvntb in odwncp vf f f xdate of the fifertin$ ClRCULATION OF AGENDA/ @ NOTICE FOR THE MEETING ~

MEETING

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{Ordliiiiry Me&tg A f Jcmt one 111 CWJI c.?liwdcryenr) JEmerRency hlccting- Af nny time buf period o f n o l h SbnllZJOt &kW 1Sdo)S)

RECOMMENDATION'S OF THE BOARD

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PREPARATION OF MINUTES OF MEETING (MOM)

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CONFIRMATION OF

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REFERRED To STANDING 8 0 PANEL (S.P) I

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MEETING OF S.P

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I 8 0 I AGENDA NEXT MEETING I REPORT

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MEMBERS ON MOM

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(Two 4funths)

DRAFT NOTIFICATION

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VETTING BY MINISTRY OF LAW (THROUGH MOP)

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PREVIOUS PUBLICATION OF DRAFT NOTIFICATION @

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NEWS PAPERS

(FOR OBJECTIONS/

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SUGGESTIONS) CIRCULATlON OF NOTIFICATION *TO CEB MEMBERS @ (7hv hfonfhsfrom the Dare of Pren'ovs Publicnffon) RECEIPT OF COMMENTS FROM MEMBERS PUBLIC 0 (OneIllonfh) APPROVAL BY CHAIRMAN FOR FINAL PUBLICATION

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(The Illonth.9

PROMULGATION 0 THE AMENDMENTS

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COPIES TO: 0 CEB MEMBERS MOP (FOR LAYING BEFORE THE TWO HOUSES OF PARLIAMENT)

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