MAULVI ANWARUL HAQ, J. --- This writ petition questions the vires of a notification dated 17.9.2002, issued by respondent No. 1 (Annexure- A). It was initially filed against respondents Nos. 1 and 2. It was admitted to hearing on 5.4.2004. Vide order dated 14.6.2005 in C.M. No. 483/2005, respondent No. 3 was also impleaded as a party.
2. Learned counsel for the petitioner contends that the notification is ultra vires of Section 36(2) of the Electricity Act, 1910 and has the effect of curtailing the powers of Electrical Wiring Contractors, who are the members of the petitioner's body. At the same time, he contends that the charging of fee by the Electrical Contractors have been provided to the detriment of the public exchequer as there is no provision for deposit of fee in Government Treasury. Also questions the pre-requisites provided for obtaining the wiring contract licence and further the categorization of the contractors.
3. Learned Assistant Advocate-General and the learned counsel representing official respondents argued that the notification in intra- vires and has been issued in proper exercise of authority for benefit of the public consuming the electricity. It is explained that need to make the arrangements by means of the said Notification was felt after fire broke out in the Parliament House at Islamabad and then at a leading store in Lahore, which was attributable to the defective electrical installation. The number of Electric Inspectors in the Province is small whereas the corresponding number of residential, commercial and industrial buildings is large and that is why the testing by Electrical Contractors subject to supervision of the Electrical Inspector, has been provided for and incidental provisions have been made.
It is being vehemently urged that nothing adverse to the interest of the petitioner-Electrical Contractors is either intended or is to be affected by any provision of the said notification.
4. Learned counsel for respondent No. 3 also adopted the arguments of the learned Law Officer and the learned counsel for official respondents and has addressed accordingly. He has also referred to the judgments of a Division Bench passed in I.C.A. No. 124/2005 and Civil Petition No. 2311 of 2005 filed against the same and dismissed by the Hon'ble Supreme Cburt of Pakistan on 18.1.2007.
6. The relevant portions of the Notification (Annexure-A) are as follows:-- NOTIFICATION "In exercise of the powers conferred upon him under Section 86(2) of the Electricity Act, 1910 and other enabling provisions in this behalf the Governor of the Punjab is pleased to restrict the Role of Electric Inspectors to inspect, examine and test the electrical installations of Public Building and institutions and to transfer the Role of Electric Inspectors from Inspections to Regulatory in respect of Industrial, Commercial and Domestic connections owned by the Private Sector.
(2) Following shall be the Regulatory Role of Electric Inspectors:-
(a) All test reports issued by the licensed wiring contractor on prescribed form will be submitted to licensee directly and no cross check will be carried out by the Electric Inspectors except in case of complaint or dispute between consumer and licensed wiring contractor or supplier of energy. However a copy of test report shall be sent to Electric Inspector also.
(b) Periodic inspection of Industrial/Commercial premises with sanctioned load of more than 100 KW will be carried out by licensed wiring contractor at interval not exceeding two years.
(c) Electric Inspector shall issue notice. To the owner of the installation for inspection by licensed wiring contractor and to submit compliance report regarding the removal of defects within one months of the issuance of the notice. In case the owner of the installation with sanctioned load more than 100 KW fails to submit the certificate within one month. Electric Inspector shall proceed to conduct the inspection and a penalty as provided In Rule 123 and Rule 124 of Electricity Rules, 1937 may be imposed by Electric Inspector.
(d) Licensed wiring contractor shall inspect, examine and test the electrical installations in any industrial/commercial premises with the load exceeding 100 KW and submit certificate showing the instruction memo. For repair.
(e) Electric Inspector and Provincial Government shall be the authority regarding the following matters in addition to its regulatory role:-- -
(I) Complaint against the licensed wiring contractor.
(ii) To prescribe form for submission of condition of electrical installation in any industrial/commercial premises.
(3) The Licensed contractor will charge a fee from the consumer for inspection, examination and testing of the electrical inspections by negotiation but not more than following:- Upto 40 KW Rs. 500/- Exceeding 40 KW but not exceeding 3000 KW Rs. 500/- + Rs. 7/- per KW subject to maximum of Rs. 21,000 Exceeding 3000 KW but not exceeding 50,000 KWRs. 21,000/- + Rs. 2/- per KW subject to maximum of Rs. 2,00,000/- Exceeding 50,000 KW Rs. 2,00,000/- + Rs. 2/- per KW subject to maximum of Rs. 5,00,000/-.
This fee includes travel and other incidental expenses also.
(4) In case of inspection of public building belonging to the Federal, Provincial District Tehsil Governments and Autonomous Bodies the inspection shall be done by the Electric Inspector and no fee shall be charged for the inspection, examination and. testing during initial and periodic inspections
(5) Procedure to be followed by the Punjab. Government in Licensing Electric Contractor and issuing Certificates and Competency to Supervisors.
(I) Licensing Board: For the purpose of granting certificate of, competency to the individual electrical supervisors' and licenses to the Electrical Contractors, there shall be established by Government Two Licensing Boards on having jurisdiction of granting Certificate of Competency and licenses to the Electrical Contractor in category A&B and other in the category 'C&D as defined in paras 'a' & 'b' below:- --
(a) Construction of Board: (1) The Licensing Board for category A&B license shall 'consist of the following:---
(1) Chief Engineer (Power) President
(2) One nominee of WAPDA not below the rank of Director Member
(3) One nominee of the Chamber of Commerce & Industry Member
(4) Director Technical (Reconciliation) Office of the Chief Engineer (Power) Member
(5) Deputy Secretary (Power)
(6) Director Technical (Power) Office of Chief Engineer (Power) Secretary/Member
(b) The composition of the Board for Category C&D licensing shall be as under:---
(1) Director Technical Office of Chief Engineer (Power) President (2.) Electric Inspector of the Region Secretary/Member
(3) One nominee of WAPDA (not below the rank of Director) Member
(4) One nominee of the Chamber of Commerce & Industry Member Quorum shall consist of President and two Members.
The term of the appointment of a nominated member shall be three years.
(c) Function of the Board: to grant licenses to the electrical contractors;
(ii) to prescribe and conduct examination for supervisors and to grant the certificate of competency to successful examinees; (i.e) to deal with applications and testimonials found to be incorrect and to take such action thereon as may be deemed fit;
(iv) to hear and decide cases of mal-practices by electrical contractors and supervisors;
(v) generally to carry out the purposes of this Resolution: (II) Appeal: Any person feeling aggrieved by an order passed by the Board in disciplinary matters mentioned in 5(c)(iv) may, within 90 days of the receipt of the order, prefer an appeal to Government and thereupon the Government, after giving the person concerned an opportunity of being heard, pass suitable order as it may deem fit.
6. PRE-REQUISI.TIES FOR OBTAINING WIRING CONTRACTORS LICENCE.
(a) Following documents shall be submitted for obtaining wiring contractor license:
(i) Purchase receipt of set of instruments;
(ii) Affidavit of the Electrical Supervisor on stamp paper regarding his employment on permanent basis.
(i.e) Copy of rent deed.
(iv) Site map of the premises/shop.
(v) List of professional employees.
(b) Following additional docoments shall submitted for obtaining license in Category A&B.
(1) Copy of N.T.N.
(2) Copy of Registration under G.S.T.
7 Following fee shall be paid by the firms/contractors for obtaining license for wiring contractor: S.No. Category Fee for the Grant of Contractor LicenceAnnual Renewal Fee 1 A 5000 2000 2 B 2000 1000 3 C 1000 500 4 D 500 200
8. Following are the other pre-requisites for the grant of Electrical Wiring Contractor Licenses and the minimum qualifications for the competency certificates holders.
CategoryThe Electrical Load upto which authorized to work Minimum trade set upMinimum Qualification Minimum staff requiredTesting Equipment RequiredArea of Jurisdiction A Limited Industrial, Commercial H.T.
Overhead Lines: Domestic and all Electrical Installations of any type. (1) A company registered under company Ordinance 1984(1) M.Sc./B.s.c (Electrical/Electronics /Power Engineering(1) Engineer =3 (1)Resistant Tester Megger)
500 V 100 VWhole of the PunjabChief Engineer (Power) (2)Registration with Pakistan Engineering Council(2)Member of Pakistan Engineering Council(2) Diploma Holder = 6(2) Earth Tester (3) Member of Pakistan Institution of Electrical Engineerings Electrician Wire man = 6(3) Safety Gloves Halment H.T Glow Stric & Accessories B Up to 1000KW Industrial Commercial Domestic I.T Overhead Lines and Including all Works upto 1000KWA Registered Firm or Group Having Office in Commercial Premises or Shop/Industrial Dealing with Electrical Trade(1)B.Sc Electrical/Electronics/Power Engineering(1)Engineering = 1(1)Resistance Tester(Mergger)
500 V, 1000V,In May one Regulation in the Jurisdiction of Electrnoic InspectorChief Engineer (Power) Member of Pakistan Engineering congress(2) Diploma Holder r=1(2)Earth Tester (3)Electrocutions Wire man =2(3)Clamp Tester (4)Safety Gloves Halmet H.T Glove Stric Accessions C Up to 100 KW Industrial and commercial and an clueing allAn Industrial or group having an industry in commercial areaThree years Diploma in Electrical Theology /Holder certificate of competenceThree years Diploma Holder r=1 wireman =1(1)Resistance Tester (Megger)
1000VIn any one region in the production of Electrical inspectorDirector Technical work up to 100KW (2)Earth Tester (3)Clamping Tester (4)Safety Gloves & Accessories D Up to 100 KW Industrial, DomesticAn industrial or group Running Trade in Electrical Goods/ Service Repairers One year Diploma from a vocational SchoolHolder of Certification of Competence = 1(1)Resistance Tester (Megger)
500VIn any one Discos DivisionElectric Inspector (2)Competency Certifiate Wireman =1 (2)Earth Tester (3)Clam Tester (4)Safety Device Note:- ,Electrician/wireman means any person who possess one-year certificate course in the trade from any Government Vocational Institute and is granted a permit by the Regional Licensing Board.
7. I find that in the Electricity Act, 1910 itself, there is no mention of Electrical Contractor, Electricity Rules, 1937, have been framed under Section 37 of the Electricity Act, 1910, by the Federal Government to regulate the generation, transmission, supply and use of energy and generally , to carry out the purposes and objects of the said Act, 1910. It is Rule 48 of the said Rules;, 1937, which refers to an electrical contractor. The said rule is reproduced hereunder -- "48. Precautions to be adopted by consumers, owner, electrical contractors, electrical workmen, licencees and other suppliers of energy.
(1) No electrical installation work, including additions, alterations, repairs and adjustments to existing installation, except such replacement of lamps, fans, fuses, switches and other component parts of the installations as in no way alters its capacity or character shall be carried out upon the premises or on behalf of any consumer or owner for the purposes of the supply of energy to such consumer or owner, except by an electrical contractor licenced by the Provincial Government in' this behalf and under the direct supervision of a person holding certificate of competency issued by the Provincial Government: Provided that the Provincial Government may be Notification in the local official Gazette exempt on such condition as it may impose any such description, of work either generally or in the case of any specified class of consumers or owners from so much of this sub-rule as requires such work to be carried out by an electrical contractor licenced by the Provincial Government in this behalf.
(1-A) No electrical installations work which has been carried out in contravention of sub-rule (1) shall be connected with the works of any licences or other supplier of energy.
(2) Sub-rule (1) shall come into force in any Province or part thereof on such date 'as the Provincial Government may by Notification in the local official Gazette appoint and sub-rule (1-A) shall come into force in any Province or part thereof on the 10th October, 1943 or one year after sub-rule (1) has come into force therein, whichever:is later.
(3) This rule shall not, unless the Federal Government otherwise directs, apply to any work carried out by, or on behalf of, the Federal Government."
On the other hand, Section 36 of the Electricity Act, 1910, provides for appointment as Electric Inspectors by the Federal Government by notification in the official Gazette, of such persons who are duly qualified. Sub-section (2) of the said Section 36 gives the power's to the Provincial Government to appoint duly qualified persons to be Electric Inspectors. The persons so appointed are authorized to exercise the powers and perform the functions of an Electric Inspector under the said Act subject to such restrictions as the Provincial Government may direct.
9. Rule 48 of the Electricity Rule, 1937, authorizes-the Provincial Government to issue licence to an Electrical Contractor and also to issue certificate of competence to the person, who has to directly supervise the work of an Electrical Contractor. Thus upon a reading of Section 36(2) of the Electricity Rules, 1937, the Punjab Government has sufficient authority to issue the said notification restricting the role of the Electric Inspector and further regulating the matters in relation to Electric Contractors. The Notification accordingly is found to be issued in exercise of proper lawful authority. So far as the other contentions of the learned counsel as to the payment of fee without condition as to deposit in the Government Treasury is concerned, to my mind, this provision is beneficial for the members of the petitioner-organization and not at all adverse to them.
'10. The objection as to categorization is also found to be without any basis as no foundation has been laid in the writ petition as to be composition of the petitioner's organization viz-a-viz. The respective competency of its members. On the other hand, learned counsel for the official respondents has placed on record copy of the summary, which was sent to the Governor for the purpose of issuing the said Notification. It contains some particulars as to the number of consumers and connections with reference to the loads. The number of consumers, which fall in the lowest wrung i.e. Upto 10 KW is 7,431,034. Similarly according to the load-were break up of the industrial connections in Punjab in the matter of tariff B-1 i.e. 0-48 KW, number of connections is 137,646, while upto 100 KW, it is 9557, upto 500 KW, it is 5110, upto 5000 KW, it is 602 and above the said figure, it is only 68. Nothing, therefore, turns on the said contention of the learned counsel for the petitioner. The writ petition accordingly is dismissed, without any order as to costs. .