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State of Bihar - Section

Section 28 in Bihar Electricity Regulatory Commission (Standards of Performance of Distribution Licensee) Regulations, 2006

28. Exemption.

(1)The standards of performance specified in these Regulations shall remain suspended during 'Force Majeure' conditions such as war, mutiny, civil commotion, riot, flood, cyclone, lightning, earthquake, lockout, fire affecting the Licensee's installations.
(2)Non-compliance of standard of performance contained in these Regulations shall not be treated as violation, and the Distribution Licensee shall not be required to pay any compensation to affected consumer(s), if such violation is caused due to grid failure, a fault on the Transmission Licensee's network or on account of instruction given by SLDC, over which the Distribution Licensee has no reasonable control.
(3)The Commission may, by a general or special order after hearing the Licensee and affected consumer(s)/consumer groups, exempt the Licensee from liability to compensate the consumers for any default in the performance of any standard if the Commission is satisfied that such default is for reasons other than those attributable to the Licensee and further than the Licensee has otherwise made efforts to fulfill his obligation.