Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters), Regulations, 2007

Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters), Regulations, 2007



PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

 

Notification

 

The 29th June, 2007

 

            No. PSERC/Secy/Regu. 31 - In exercise of the powers conferred under Section 181 read with Sections 43, 44, 45, 46, 47, 48, 50, 55, 56, 57, 58, 59, 126, 127, 135, 152, 154 & 163 of the Electricity Act, 2003 (Central Act 36 of 2003) read with Electricity (Amendment) Act, 2007 (No. 26 of 2007)  and all other powers enabling it in this behalf and in compliance of Electricity (Removal of Difficulties) Order, 2005, issued by the Ministry of Power, Government of India bearing No.S.O.790 (E), the Punjab State Electricity Regulatory Commission hereby makes the following Regulations on Electricity Supply Code and Related Matters: -

 

CHAPTER   I – PRELIMINARY

 

1.         Short title, commencement and interpretation 

 

1.1       These Regulations may be called the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters), Regulations, 2007.

 

1.2       These Regulations shall be applicable to all Distribution Licensees (including entities exempted under Section 13 of the Act) and all consumers in their respective licensed/supply areas, in the State of Punjab.

 

1.3       These Regulations shall come into force with effect from January 01, 2008.

 

2.         Definitions 

            In these Regulations, unless the context otherwise requires:-

 

(a)       “Act” means the Electricity Act, 2003;

 

(b)       “Agreement” means an agreement executed by the applicant/  consumer with the Distribution Licensee at the time of obtaining a new connection, additional load or additional demand;

 

(c)        “Applicant” means an owner or occupier of any premises who makes an application for supply of electricity, increase or reduction in sanctioned load/contract demand, change in title, disconnection or restoration of supply or termination of agreement, as the case may be, in accordance with the provisions of the Act and the Rules & Regulations made thereunder;

 

(d)       “Assessing Officer” means an Officer designated as such by the State Government under Section 126 of the Act;

(e)       “Authorized Officer” means an Officer of the Licensee authorized by the State Government under sub-section (2) of Section 135 of the Act;

 

(f)         “Circuit Breaker” means a device, capable of making and breaking the circuit under all conditions, and unless otherwise specified, so designed as to break the current automatically under abnormal conditions;

 

(g)       “Commission” means the Punjab State Electricity Regulatory Commission;

 

(h)        “Conditions of Supply” mean the terms and conditions of supply to different categories of consumers framed by the Distribution Licensee ;

 

(i)         “Conductor” means any wire, cable, bar, tube, rail or plate used for conducting electrical energy and so arranged as to be  electrically connected to a system;

 

(j)         “Connection” means provision for supply of electricity to an applicant;

 

(k)        “Consumer” means any person who is supplied with electricity for his own use by a Licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a Licensee, the Government or such other person, as the case may be and any person whose electricity supply has been disconnected;

 

(l)         “Consumption” means utilization of electricity in kilowatt-hours (units);

 

(m)      “Default” means non-compliance or violation of Conditions of Supply/ Agreement by the consumer;

 

(n)        “Distribution main” means the portion of any main with which a service line is, or is intended to be, immediately connected;

 

(o)       “Earthing system” means an electrical system in which all the conductors of electricity are earthed;

 

(p)       “Electrical Contractor” means a person who has been granted a licence by the State Government under Rule 45 of the Indian Electricity Rules, 1956 or the Regulations as may be notified by Central Electricity Authority under Section 53 of the Act,  to carry out electrical installation work in a premises;

(q)       “Extra High Tension (EHT) Consumer” means a consumer who is supplied electricity at a voltage exceeding 33000 volts;

 

(r)        “Harmonic” means a component of a periodic wave having a frequency that is an integral multiple of the fundamental power line frequency of 50 Hz. Total harmonic distortion is the contribution of all harmonic frequency currents generated by a consumer expressed as a percentage of the fundamental;

 

(s)        “High Tension (HT) consumer” means a consumer who is supplied electricity at a voltage higher than 650 volts but not exceeding 33000 volts;

 

(t)         “Licensee” means the Distribution Licensee authorized to operate and maintain a distribution system for supplying electricity to consumers in its area of supply; 

 

(u)        “Low Tension (LT) consumer” means a consumer who is supplied electricity at a voltage not exceeding 650 volts;

 

(v)        “Main” means any electric supply-line through which electricity is, or is intended to be, supplied;

 

(w)       “Meter” means a device suitable for measuring, indicating or  recording consumption of electricity or any other quantity related to an electrical system and shall include, wherever applicable, other equipments such as Current Transformer, Potential Transformer, Voltage Transformer or Capacitor Voltage Transformer necessary for such purpose;

 

(x)        “Notified Office” means an office notified by the Licensee to provide different services to a consumer related to supply of electricity ;

 

(y)        “Person” means any person/persons or occupier or possessor of a premises or place who may or may not be a consumer and shall include any company or body corporate or association or body of individuals, whether incorporated or not, or an artificial juridical person;

 

(z)        “Service Line” means any electric supply line through which electricity is, or is intended to be, supplied –

 

(i)         to a single consumer either from a distributing main or immediately from the Distribution Licensee’s premises; or

 

(ii)        from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main;   

 

(za)      “State” means the State of Punjab;

 

(zb)      “State Government” means the Government of Punjab;

 

(zc)      “Supply”, in relation to electricity, means the sale of electricity to a Licensee or consumer;

 

(zd)      “Supply Code” means the Punjab State Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2007;

 

(ze)      “Temporary Connection” means an electricity connection required by a person for meeting with his temporary needs such as:

 

                  (i)         for construction of residential, commercial and industrial complexes including pumps for dewatering;

 

            (ii)        for illumination during festivals/family functions;

 

(iii)             for threshers or other such machinery excluding pump sets; or

 

                  (iv)       for touring cinemas/ circuses/fairs/ exhibitions/melas/ congregations.

 

(zf)       “Theft of Electricity” has the meaning assigned to it under Section 135 of the Act;

 

(zg)      “Unauthorized use of Electricity” has the meaning assigned to it under Section 126 of the Act;

 

(zh)      Words and expressions used herein and not specifically defined but defined in the Act shall have the meanings assigned to them in the Act. 

 

3.        

 

3.1       In case of any inconsistency between these Regulations and the Conditions of Supply existing on the notified date, these Regulations will prevail.

 

3.2       The Licensee will within six months of the date of notification of Supply Code or the issue of a licence submit the Conditions of Supply for the approval of the Commission.

 

3.3       The Commission may from time to time direct any Licensee to amend the Conditions of Supply in such manner as it may consider appropriate.

 

 

4.         Review Panel

 

4.1             Constitution of the Review Panel

 

The Commission will set up a Supply Code Review Panel (hereinafter called Panel), consisting of the following Members :-

 

(a)       A Member of the Commission nominated by its Chairperson will be Ex-officio Chairperson of the Panel.

 

(b)       One representative of the State Government.

 

(c)        One Chief Engineer/General Manager or equivalent level representative of each Licensee operating in the State.

 

(d)       One Chief Engineer/General Manager or equivalent level representative of the State Transmission Utility (STU) and each transmission Licensee operating in the State.

 

(e)       One representative of the State Load Despatch Centre (SLDC).

 

(f)         Representatives of the consumers not exceeding five to be nominated by the Commission representing, as far as possible, different categories of consumers.

 

(g)       The Secretary of the Panel will be an officer of the Commission nominated by the Chairperson of the Commission.

 

4.2       Functions of the panel

 

The Panel will meet atleast once in six months and perform the following functions :-

 

(a)       To consider views of the Licensees, consumers and other stakeholders regarding implementation of the Supply Code ;

 

(b)       To assess compliance by the Licensees with Conditions of Supply ;

 

(c)        To protect consumer interests and overall performance of utilities ; and

 

(d)       To recommend changes in the Supply Code, wherever required.

 

4.3       Manner of reviewing the Supply Code

 

(a)       A Licensee, Consumer or any other stakeholder seeking amendment in the Supply Code will send the proposal in writing to the Secretary of the Panel specifying the reasons for such a change.

(b)       The Panel will, after finalizing its views on the proposed modifications, make suitable recommendations to the Commission.

 

(c)        The Commission may approve the changes with or without modification as it may deem fit following the procedure as specified in Regulation 4.5.

 

4.4       Remuneration and Travelling Allowance to non-official Members of the Panel

 

            The representatives of the consumers will be entitled to remuneration (travelling allowance and/or sitting fee) as may be notified by the Commission.

 

4.5       Amendment to the Supply Code

 

(a)       The Commission may suo-motu or on the recommendations of the Panel amend the Supply Code ordinarily once in a year.

However, views of the public, consumers, the State Government and other stakeholders will be sought before any amendment is effected.

 

(b)       Amendments to the Supply Code will be notified in the official Gazette of the State and placed on the website of the Commission.

 

(c)        The Licensee will place the amendments notified in the official Gazette on its website and will also arrange publicity in atleast two newspapers having wide circulation in its area of supply, apart from displaying the amendments in its notified offices.


CHAPTER  II – MATTERS RELATED TO SUPPLY OF ELECTRICITY

 

5.         Duty of Licensee to supply on request

 

5.1       Every Licensee shall, on receipt of an application from the owner or occupier of any premises, provide supply of electricity to the premises within the time specified in Regulation 6. The application will be submitted in the form prescribed by the Licensee for this purpose. Such forms will be available at notified offices of the Licensee on payment of fee as determined by the Commission. A specimen of the application form will also be available on the website of the Licensee and can be downloaded, if required. In such a case, the cost of the application form will be paid by the applicant at the time of its filing.

 

5.2       The Licensee will also specify the other documents to be submitted by the applicant. Details of these specified documents will also be available in notified offices of the Licensee as well as on its website. The application form alongwith the specified documents, initial security and security for meter/metering equipment hereinafter called “Security (meter)” as specified in the Schedule of General Charges will be submitted in the notified office of the Licensee.

 

5.3(i)   The State Government may for reasons of ecology, inadequate ground water potential, declining water table or any other reasons decide the number of agricultural pump set (A.P.) connections and the manner in which these are to be released each year in the State or any part thereof. The State Government may for this purpose draw up guidelines to provide for priorities to be assigned in the release of such connections.

 

   (ii)     Applicants becoming eligible for release of AP connections as per the guidelines of the State Government will be provided supply of electricity in the same manner as prescribed in Regulations 5 and 6.

 

5.4       Where an application for supply of electricity pertains to a village, hamlet or area that has not been electrified, supply of electricity in such a case will be provided as per Regulations 5 & 6 only after electrification of that village, hamlet or area as per the Investment Plan of the Licensee, as approved by the Commission.

 

5.5       Where the new or additional load/demand exceeds 500 KW/500 KVA, the applicant will before submitting the application obtain feasibility clearance in the prescribed requisition form after payment of earnest money specified by the Licensee. The requisition form will be available free of cost in the notified offices of the Licensee and on its website. The earnest money will not exceed 10% of initial security as specified in the Schedule of General Charges.

 

5.6       The feasibility clearance will be granted by the Licensee within thirty days of the receipt of request or such extended period as approved by the Commission. The applicant may thereafter submit the application adjusting the amount of earnest money towards initial security.

            The Licensee will within fifteen days of the receipt of application for feasibility clearance seek approval of the Commission for extension of period in a case where such clearance is likely to take more than thirty days.

 

6.         Procedure for Release of Connection/additional load

 

6.1.   The Licensee, will after receipt of the application, inform the applicant through a notice henceforth called Demand Notice which will specify ;

 

           (a)      Security (works) required to be deposited by the applicant under

                     Regulation 19 of these Regulations ;

 

           (b)      other terms required to be accepted by the applicant under     

                     Regulation 12 of these Regulations ;

 

           (c)      submission of NOC by the applicant, as per statutory

                      requirements, wherever applicable ;

 

           (d)      submission of electrical contractor’s test report by the applicant ;

 

           (e)      any other compliances to be met by the applicant.

 

The terms and conditions specified in the Demand Notice once issued will not be altered except when necessitated by change in applicable laws.

 

6.2   The Demand Notice under Regulation 6.1 be issued by the Licensee within :

 

          (a)      7 days of receipt of application in case of LT supply

 

          (b)      10 days of receipt of application in case of HT/EHT supply

 

          (c)       7 days of receipt of Commission’s approval in a case covered

                        under Regulation 6.3 (c).

 

6.3   The Licensee shall provide supply of electricity to the premises pursuant to the application submitted under Regulation 5 -

 

(a)       Within thirty days from the date of compliance of the Demand Notice where no augmentation, erection and extension of distribution main or commissioning of new sub-station or power transformer is required for effecting such supply,

 

(b)       In cases where augmentation/extension of a distribution main or augmentation of power transformer/distribution sub station is required but there is no requirement of erecting and commissioning a new distribution sub station or power transformer, the supply will be provided within the period specified hereunder :

                       

Type of service connection requested

Period from date of compliance of Demand Notice within which the Licensee shall provide supply

Low Tension (LT) supply

  45  days

High Tension (HT) supply

                            - 11000 volts

                            - 33000 volts

 

  60  days

                       120  days

Extra High Tension (EHT) supply

120 days

 

Provided that the Licensee may, within fifteen days of receipt of application(s), seek approval of the Commission, for extension of period specified above, in cases where the magnitude of work involved for extension/augmentation of the supply system is such that the Licensee may reasonably require more time.

 

(c)        In cases where supply of electricity requires erection and Commissioning of a new sub-station orpower transformer and/or HT/EHT line (other than service line), the Licensee will within fifteen days of receipt of application, submit to the Commission a proposal for erection of the sub-station or power transformer and/or HT/EHT line together with the time required for their commissioning. The Commission will, after hearing the Licensee and the applicant(s) concerned, decide the time frame for erection of the sub-station or power transformer and/or HT/EHT line. The Licensee shall erect and commission the sub-station or power transformer and/or HT/EHT line and commence supply of electricity to the applicant(s) within the period approved by the Commission.

 

Provided that, where such sub-station or power transformer and/or HT/EHT line is covered in the Investment Plan approved by the Commission, the Licensee will complete the erection of such sub-station or power transformer and/or HT/EHT line within the time period specified in such investment plan or period approved by the Commission, whichever is earlier.   

 

6.4    It will, however, be the responsibility of the Licensee to have requisite arrangements with the Transmission Licensee(s) to ensure that the required supply at Extra High Tension, is made available within the time frame specified under Regulation 6.3 in cases where the applicant seeks supply of electricity at voltage level above 33000 Volts.

 

6.5       Temporary Supply

 

The applicant requiring supply of electricity from a Licensee on a temporary basis will be provided such supply within seven days of receipt of the application and payment of initial security, Security (meter) and Security (works).

Provided that adequate capacity is available on the supply system of the Licensee and the supply of electricity is technically feasible.

 

7.         Consequences of default

 

If a Licensee fails to supply electricity within the periods specified in Regulation 6, it shall be liable to pay a penalty which may extend to one thousand rupees for each day of default. The Commission will for this purpose appoint an Adjudicating Officer in accordance with Section 143 of the Act.

 

8.         Exceptions from duty to supply

 

The periods for providing supply specified in Regulation 6 above will not be operative where the Commission is satisfied that ;

 

(a)       the Licensee is prevented from providing supply of electricity on account of cyclones, floods, storms and other occurrences beyond his control,

 

(b)       delay in providing supply of electricity is on account of time taken for statutory clearances, acquisition of land, or in obtaining right of way or approval of the Chief Electrical Inspector for installations at the applicant’s or Licensee’s end or for other  reason beyond the reasonable control of the Licensee.

 

9.         Power to recover expenditure

 

9.1       Subject to the provisions of the Act and these Regulations and subject further to such directions, orders or guidelines which the Commission may issue, every Licensee is entitled to recover from an applicant requiring supply of electricity or additional load/demand, any expenses that the Licensee may incur in providing the facility. The expenditure recoverable by the Licensee will be computed as detailed in Regulations 9.1.1, 9.1.2 and 9.1.3.

 

9.1.1    For new connections

 

(i)   Domestic, Non-Residential, Industrial and Bulk Supply categories:

 

(a)               The applicant requesting the Licensee for a new connection under Domestic, Non-Residential, Industrial and Bulk Supply categories will be required to pay per KW/KVA charges as approved by the Commission. Such charges will be payable by an applicant where the load/demand required is upto and including 500 KW/500 KVA and the length of the service line is upto one hundred metres for Domestic & Non-Residential Supply category and two hundred fifty metres for Industrial and Bulk Supply categories.  

 

            Where the length of the service line exceeds the above prescription for the applied category, the applicant will also pay for the additional expenditure for the extra length on actual basis at the rates approved by the Commission.

 

(b)       Where load/demand required exceeds 500 KW/500 KVA, the applicant will be required to pay per KW/KVA charges as approved by the Commission or the actual expenditure for release of connection, whichever is higher.

 

(c)        The applicant seeking supply at voltage of 33000 volts and above, will be liable to pay the expenditure incurred for providing        the service line and proportionate cost of back-up/common line (33000 volts or above) upto the feeding substation including bay, if any.

     

   (ii)                 Agriculture pump set (A.P. Supply) : The applicant seeking a new connection under AP category will pay charges (per                         BHP/KW) as approved by the Commission. Such charges will be payable where length of the required service line is upto five                              hundred meters. In case a service line of more than 500 metres is required for release of a connection, the consumer will be                               liable to pay on actual basis for additional length of service line at the rates approved by the Commission.

  

    (iii)               Railway Traction: In the case of an application under the Railway Traction category, actual cost of 132 KV/220 KV line                     including cost of controlling bay/switchgear as the case may be will be payable.

  

   (iv)                Street Lighting : The applicant seeking connection under Street Light category will pay per KW charges as approved by the Commission.

 

9.1.2   For additional load

 

(i)         Domestic, Non-Residential, Industrial and Bulk Supply categories:

 

 (a)   The consumer applicant requesting the Licensee for additional load/demand will pay per KW/KVA charges as approved by the Commission. Such charges will be payable by a consumer where the total load including existing load is upto 500 KW/500 KVA  and/or the length of the service line is upto one hundred metres for Domestic and Non-Residential Supply category and two hundred fifty metres in the case of Industrial and Bulk Supply categories.

 

Where the length of the existing service line is more than the limit prescribed above and additional load/demand necessitates augmentation of the existing service line, the applicant will, in addition to per KW/KVA charges, be required to pay the actual cost of augmentation for the length of service line beyond the prescription as indicated above, at the rates approved by the Commission.

   

   (b)    Where total load including existing load exceeds 500 KW/500 KVA, the consumer will pay per KW/KVA charges for the additional load/demand as approved by the Commission or the actual expenditure for release of load/demand, whichever is higher.

 

 (c)     In case of a consumer with supply voltage of 33000 volts and above, the consumer will only be liable to pay the cost of the service line and proportionate cost of back-up/ common line  (33000 volts or above) including bay, if any.

 

Provided that where a HT/EHT consumer having a sanctioned load/contract demand exceeding 500 KW/500 KVA who has  paid the actual cost of HT or EHT service line or feeder, requests for additional load and such load can be fed from the same line without any augmentation, then the HT consumer would be liable to pay only the proportionate cost of HT main and feeding sub station. An 33000 volts or EHT consumer would be liable to pay only the proportionate cost of back up/common line (33000 volts or above) upto the feeding sub station including bay.

           

(ii)        A.P. Supply :  A consumer seeking additional load under this category will   pay charges (per BHP/KW) as approved by the                          Commission.  These charges will be payable where the length of the service line is upto five hundred metres.                                         

            Where the length of the existing service line is more than five  hundred metres and the provisionof  additional  load necessitates                         augmentation  of  the  existing  service line, the applicant will be only  required  to  pay  the  actual  cost                         augmentation   for   the   length  of  service  line beyond the prescription as indicated above, at the rates approved by the                         Commission.

 

(iii)       Railway Traction : In the case of additional demand in this category, actual cost of augmentation of 132 KV/220 KV line
            including cost of controlling bay/switchgear as the case may be, will be payable.

 

(iv)       Street Lighting: Consumers seeking additional load in this category will pay per KW charges as approved by the               Commission.

 

9.1.3   Temporary Supply: An applicant in this category will pay for the expenditure for providing temporary connection as under :

     (a)  Cost of erection and dismantling of relevant works including consumables.

     

    (b)  Service line/electrical plant   rentals as approved by the Commission 

 

9.2       The Licensee will, unless otherwise specified in these Regulations or by an order of the Commission, fulfill the obligation to supply electricity to the premises, without claiming any payment or reimbursement from the applicant of any expenditure, if such expenditure has been incurred or is to be incurred by the Licensee under any scheme approved by the Commission or where such expenditure is otherwise allowed to be recovered by the Licensee  as a part of the revenue requirements of the Licensee.

 

10.       Standard cost data

 

10.1(a) The Licensee will within 3 months of the notification of the Supply Code submit data in respect of:

 

    (i)     per KW/KVA charges for the cost of service line and proportionate cost of main and feeding sub-station payable by different categories of applicants;

           

   (ii)     per BHP/KW charges under the AP category; and

          

     (iii)     standard rates for provision/augmentation of feeders (per km basis) for different capacities and at different voltages.

 

(b)           The Commission will with or without modification approve these rates   within 2 months of their submission. Till such time as these rates are approved by the Commission, the Licensee will continue to recover expenditure at existing rates specified in the Schedule of Service Connection Charges.

 

10.2    The Commission will thereafter annually approve rates effective for the period 1st April to 31st March. The Licensee will notify and place the annual rates approved by the Commission on its website by the 1st of April each year. The initial estimate for the cost of erecting/augmenting an electric line or electrical plant in order to extend supply will be based on these rates.

 

10.3    The Licensee will by the 31st of December each year apply for revision  of these rates, where necessary. In case the Licensee does not submit an application for such revision, the Commission may suo motu approve rates for the ensuing year with or without modification.

 

11.       Transfer of ownership and provision of other services

 

11.1    Consumers of all categories seeking transfer of title, change of category, conversion from Low Tension single phase to Low Tension three phase or vice versa and/or conversion from Low Tension to High Tension or vice versa and/or from High Tension to Extra High Tension or vice versa will submit their application alongwith the prescribed documents to the notified  office of the Licensee. 

 

The Licensee(s) will standardize the application forms and the supporting documents to be submitted by consumers for different services and place them on its website(s). The application forms and information regarding supporting documents will also be made available in each notified office of the Licensee. The Licensee will also specify the charges payable and other pre-requisites to be complied with for seeking these services.  

 

11.2         Consumers seeking services as per Regulation 11.1 will pay charges as indicated in the Schedule of General Charges approved by the Commission or the actual cost of providing service where such charges have not been specified. 

 

11.3    The Licensee shall give effect to transfer of title, change of category and conversion of the existing services within the following period :-

 

(a)     Transfer of title                                                        7 days of receipt of application,
          and/or change of category                                     complete with supporting documents in 
                                                                                         case of LT consumer and 14 days in 
                                                                                         case of HT/EHT consumer. 

(b)     Conversion from Low                                            30 days from the date of receipt of 
          Tension single phase to                                       request alongwith payment of prescribed 
          low tension three phase                                       charges and compliance of other pre- 
          or vice versa                                                         requisites by the consumer 

(c)     Conversion from Low                                            60 days from the date of receipt of 
          Tension to High Tension                                       request alongwith payment of prescribed 
          or vice versa                                                         charges and compliance of other pre- 
                                                                                        requisites by the consumer 

(d)     Conversion from High Tension                              120 days from the date of receipt of 
          to extra High Tension                                            request alongwith payment of prescribed 
          or vice versa                                                         charges and compliance of other pre- 
                                                                                        requisites by the consumer 

The Licensee will within the specified period, seek approval of the Commission for extension of time whenever the above schedule cannot be met.        

 

11.4    Where the consumer requests for shifting of a meter and/or service connection to a new premises or for diversion of existing lines and has deposited cost therefor, the following time schedule will be observed for completing these works :-

 

i)          Shifting of meter/service connection           :             7 days

ii)         Shifting of LT/HT lines                                  :           20 days

iii)        Shifting of transformer                                  :           30 days

 

11.5    These time schedules include the time required for preparation of an  estimate or completion of other procedural formalities. The Licensee will finally settle the accounts within three months of the work being completed.  The excess deposit, if any, will be refunded to the applicant through adjustment in the bills of the immediately succeeding months.

 

11.6  Any consumer aggrieved by the charges/expenditure payable and/or delay in providing service, may seek redressal in accordance with ‘Consumer Complaint Handling Procedure’ approved by the Commission.

 

12.       Additional terms of supply         

 

            A Licensee may require any person who has applied for supply of electricity in pursuance of Regulation 5 of these Regulations to accept:–

 

(a)       any restrictions imposed by the Licensee in order to comply with the Regulations made by an Authority under Section 53 of the Act ;

 

(b)       any terms restricting the liability of the Licensee for economic loss resulting from negligence of the person to whom the electricity is supplied.

 

13.       Power to require security 

 

13.1    The Licensee may require any applicant, who requires supply of electricity to his premises to give security for the payment of all monies, which may become due and payable to the Licensee:

 

(a)       in respect of the electricity supplied to such person ; and

 

(b)       where any electric line or electrical plant or electric meter is to be provided for supplying electricity to such person, in respect of the provision of such line or plant or meter.

 

13.2    If an applicant fails to furnish such security, the Licensee may refuse to give the supply/additional supply of electricity or to provide the line or plant or meter for the period during which the failure continues.

 

13.3    The amount payable towards security will be deposited at the notified office in cash or by demand draft/local cheque/banker cheque drawn in favour of the Licensee.

 

14.       Initial security 

 

14.1    The applicant seeking supply of electricity as per Regulation 5 of these Regulations will be required to pay to the Licensee an amount as specified in the Schedule of General Charges approved by the Commission, as initial security towards supply of electricity.

14.2    The initial security will after release of connection be adjusted against Security (consumption) required to be deposited in accordance with Regulation 15.1. 

 

14.3    The applicant seeking sanction of additional load/demand will be required to deposit initial security computed only for the additional load/demand.

 

15.       Security (consumption)

 

15.1    Consumers will maintain with the Licensee an amount equivalent to consumption charges (i.e. fixed charges and variable charges as applicable) for three months where bi-monthly billing is applicable and two months in case of monthly billing as security during the period of agreement for supply of electricity. Consumption charges will be worked out on the basis of average monthly consumption of an existing consumer over a period of twelve months immediately before coming into force of these Regulations.

 

15.2    The Licensee will not be entitled to demand Security (consumption) from any consumer requiring supply of electricity through a prepayment meter as and when such a facility is provided.

 

            Provided that in the case of an existing consumer who opts for supply of electricity through a pre-payment meter, the Licensee will refund the Security (consumption) of such consumer by adjustment against any outstanding dues and/or any amount becoming due to the Licensee immediately thereafter.

 

15.3    Whenever spot billing is introduced for any category of consumers in any area of operation of the Licensee, the Security (consumption) will be maintained on the basis of consumption charges for two months for bimonthly billing and one month for monthly billing categories.

 

            Excess amount of Security (consumption) in respect of existing consumers will be refunded by the Licensee by adjustment against any outstanding dues and/or any amount becoming due to the Licensee immediately thereafter.

 

16.       Review and payment of additional Security (consumption) 

 

16.1    General Review

 

           The adequacy of the amount of Security (consumption) computed in accordance with Regulation 15 of these Regulations will be reviewed by the Licensee after every three years (preferably after revision of tariff for the relevant year) based on the average monthly consumption for the twelve months period from April to March of the previous year.

 

            For existing consumers, the Licensee will undertake the first such review of Security (consumption) (earlier called Advance Consumption Deposit), within twelve months after revision of tariff subsequent to the date of enforcement of the Supply Code.

 

16.2     Demand notice for additional Security (consumption)

 

            (a)       Based on a review as per Regulation 16.1, demand for shortfall or refund of excess Security (consumption) will be effected by the Licensee from/to the consumer.

 

Provided, however, that if the Security (consumption) payable by the consumer is short or in excess by not more than 10% of the existing Security (consumption), no demand for shortfall will be made and the consumer will also not be entitled to refund of the excess Security (consumption).

           

            (b)       If the required Security (consumption) of a consumer is found to be short by more than 10% of the existing Security (consumption), the Licensee will refund the excess amount to such consumer by adjustment against any outstanding dues and/or any amount becoming due to the Licensee immediately thereafter.  

           

            (c)        Where the consumer is required to pay the additional Security (consumption), the Licensee will issue to the consumer a Demand Notice specifying the amount payable alongwith supporting calculations.

 

(d)       The consumer will be liable to pay the additional Security (consumption) within thirty days from the date of service of the Demand Notice.

 

(e)       In the event of any delay in payment, the consumer will for the actual period of default pay interest thereon at twice the State Bank of India’s (SBI’s) Short Term Prime Lending Rate (PLR) prevalent on first of April of the relevant year without prejudice to the Licensee’s right to disconnect supply of electricity, under these Regulations.

 

17.     Interest on Security (consumption)                                                

 

17.1    The Licensee will pay interest on Security (consumption) at the SBI’s Long Term PLR prevalent on first of April of the relevant year, provided that the Commission may at any time by notification in official Gazette of the State specify a higher rate of interest.

 

17.2    The Licensee will indicate the amount becoming due to a consumer towards interest on the Security (consumption) in the first bill raised after thirtieth of April every year.

 

17.3    The interest will be credited to the account of a consumer annually on first day of April each year and will be adjusted on first May of every year against the outstanding dues and/or any amount becoming due to the Licensee thereafter.

 

17.4    In the event of delay in effecting adjustments due to the consumer as per Regulation 17.3, the Licensee will for the actual period of delay pay interest at twice the SBI’s Short Term PLR prevalent on first of April of the relevant year.

 

18.       Refund  of initial  security / Security (consumption)                    

 

18.1    On withdrawal of application                                                                    

 

            In case the applicant, after submitting his application, for supply of electricity/extension of load etc. withdraws the same, 10% of the initial security/additional initial security will be deducted by the Licensee and the balance refunded to the applicant without payment of any interest by the Licensee on these deposits. However, if the applicant is not issued a Demand Notice within three months of submission of his application and he withdraws the same, the initial security/additional initial security, as the case may be, will be refunded in full with interest for the period the initial security/additional initial security remained with the Licensee at SBI’s Short Term PLR prevalent on first of April of the relevant year.                                                             

 

18.2    On withdrawal of application for temporary connections                       

 

            In case an application for temporary connection is withdrawn, the following procedure will be adopted for refund of initial security :-                                

 

(a)       if the application is withdrawn before the due date by which supply of electricity is required, 10% of the initial security will be deducted and the balance amount refunded to the applicant.                                                    

 

(b)       in case the Licensee fails to provide the temporary connection by the due date and the application is withdrawn, the initial security will be refunded in full to the applicant.                                                                                                   

 

18.3    On termination of agreement                                                             

 

            Where an agreement for supply of electricity is terminated as per the Conditions of Supply or provisions of the Supply Code, the Licensee will refund the Security (consumption), after making adjustments for the amounts outstanding against the consumer within one month of the date of termination of the agreement.                                                                                                  

 

18.4    If a refund due under Regulation 18.3 is delayed beyond a period of one month of termination of the agreement, the Licensee will, without prejudice to other rights of the consumer, pay interest on such refund for such period of delay at twice the SBI’s Short Term PLR prevalent on first of April of the relevant year.

 

19.       Security for the electric line or electrical plant or meter                             

 

19.1    Security for meter/metering equipment hereinafter referred to as ‘Security (meter)’ will be deposited by the applicant at the time of submission of application in accordance with Regulation 5 of these Regulations. Rates of such Security (meter) will be as specified in the Schedule of General Charges approved by the Commission.                                                                     

 

19.2    The Licensee will be entitled to require deposit of Security (works) against expenditure for providing electric line or electrical plant, as the case may be, which will be estimated by the Licensee as per Regulation 9 of these Regulations and communicated to the applicant through a Demand Notice.

 

19.3                                                                                                                 

 

(a)       The Licensee will pay interest on the Security (meter) at the SBI’s Long Term PLR prevalent on first of April of the relevant year.                                    

 

(b)       In case release of new connection/extension in load/demand is delayed beyond the period as specified in Regulation 6 of these Regulations or such period as may be allowed by the Commission, the Licensee will pay interest on Security (works) for the period of delay beyond the specified period at the SBI’s Short Term PLR prevalent on first of April of the relevant year. This will be in addition to a penalty liable to be imposed on the Licensee under Regulation 7 of these Regulations.                                                               

 

19.4    After  deposit  of  Security  (works)  by  the  applicant as per Regulation 19.2, the Licensee will take up the work and initiate other necessary steps for effecting supply of electricity within the time limits as specified in Regulation 6 of these Regulations.                                                                                        

 

19.5    If the applicant fails to deposit Security (works), the Licensee may not take up the work of providing electric line or electrical plant, as the case may be, for effecting supply of electricity to such applicant.                                            

 

19.6    The   Licensee   will   maintain   a   record  of  expenditure  incurred  for providing  an  electric  line  or electrical  plant  for  supply  of  electricity  to the applicant.                                                                                                      

 

19.7    After execution of work of the electric line or electrical plant as the case may be,  the  Licensee  will  be entitled to demand from the applicant the total amount   actually   incurred   by   the  Licensee  (recoverable amount)  for  this purpose  and  adjust Security (works) against such recoverable amount. In the event of Security  (works)  being  in  excess  of  the  recoverable  amount, the excess amount will be determined by the Licensee  within sixty days from the date of release of connection and  refunded by  adjustment  against electricity bills of the immediately succeeding months. 

 In  case  the  Licensee  fails  torefund the excess amount and adjust it against electricity  bills  of  the immediately  succeeding  months, the Licensee will be liable to pay interest on the excess amount at twice the SBI’s Short Term PLR prevalent  on  first  of  April  of the relevant year for the period of delay beyond sixty days  of  the  date  of  release  of  connection  till  the  excess  amount is adjusted.  The  amount  of  such interest will be adjusted against the electricity bills thereafter.                                                                                               

 

19.8    In  case  the  recoverable  amount  from  the  applicant  works out to be more  than  Security (works), then  a  Demand  Notice  will  be  served on the applicant  specifying  such amount and requiring him to deposit the same.  In case the applicant fails to deposit the balance amount within a period of thirty days of the service of the Demand Notice, the applicant will, for  the period of delay, be liable to pay interest on the balance amount at twice the SBI’s Short Term  PLR   prevalent   on  first   of  April  of  the  relevant year. This will be in addition  to  the  Licensee’s  right  to  disconnect  supply  of  electricity if it has already been provided.                                                                                

 

Note : -  Regulations 19.7 and 19.8 will be applicable in cases where actual cost for release of connection, extension in load/demand is to be recovered from the applicant as per Regulation 9 of these Regulations.

 

20.       Refund of Security (works) and Security (meter)                          

20.1    On withdrawal of application                                                                

            In   the   event   of  an  applicant  withdrawing  the  application  for  new connection/extension in load ;                                                                            

(a)       Security  (works)  deposited  by  the  applicant  will  be  refunded  in full where  no  expenditure  has been  incurred  by  the  Licensee  for  supply  of electricity.                                                                                                        

(b)       In cases where works have been taken in hand and some expenditure has been incurred by the Licensee for supply of electricity, the expenditure so incurred will be deducted from Security (works) and the balance amount will be refunded to the applicant.                                                                           

(c)        In cases where works for supply of electricity have been completed by the Licensee, no amount of Security (works) will be refunded.              Provided that where the actual expenditure is less than the amount of Security (works),  the  excess  amount  of  Security (works)  over  and above the actual expenditure will be refunded to the applicant as per Regulation 19.8.         

20.2    On withdrawal of application for temporary connection  
In  case  of withdrawal  of  application  for temporary connection, the following procedure will be adopted for refund of Security (works) :-                             

(a)       If  the  application is withdrawn before the due date by which  supply  of electricity is required and no works are undertaken by the Licensee, the entire Security (works) will be refunded.                                                                   

(b)       If  the  application  is  withdrawn before the due date by which supply of electricity  is  required  and works have been taken up, no amount of Security (works) will be refunded.                                                                                 

(c)        If  a  Licensee  fails  to  release the connection by the due date and the application  is  withdrawn thereafter,  Security (works) will be refunded in full.

20.3    Security  (meter)  will  be  refunded  in  full  in  all  cases  specified  in Regulations 20.1 and 20.2.

20.4    The refund of Security (meter) and Security (works) will be effected within sixty days of receipt of request from the applicant. In case a Licensee fails to refund Security (meter) and Security (works) within the stipulated period, he will for the period of default starting from the 61st day of the date of withdrawal of application till the date Security (meter) and Security (works) is refunded, be liable to pay interest at twice the SBI’s Short Term PLR prevalent on first of April of the relevant year.

 

21.      Use, etc. of Meters

 

21.1         Requirement of Meters

 

            The Licensee will not supply electricity to any person, except through installation of a correct meter in accordance with the Regulations notified by the Central Electricity Authority under Section 55 of the Act.

 

21.2         Supply and installation of meters

 

(a)               The Licensee will supply the meter/metering equipment to the applicant at the time of release of a new connection or at any other time as required by the consumer who will pay the monthly rental for such equipment at rates approved by the Commission and specified in the Schedule of General Charges.

The applicant may, if he so elects, obtain and install his own meter/metering equipment of the make(s) as approved by the Licensee after getting the same duly tested and sealed at the Licensee’s laboratory. In such a case the Licensee will not charge any monthly rental for the meter/metering equipment. Where the consumer has provided his own meter, Security (meter) deposited by him alongwith the application will be adjusted in the electricity bill(s) of the immediately succeeding months.

 

(b)       Meters will be installed at the consumer’s premises according to mutual convenience of the Licensee and the consumer. The consumer will be responsible for the protection of the meter from theft or damage in all such cases.

 

(c)        The Licensee may require a meter to be installed outside the premises of a consumer and in such an event, the entire cost of installing the meter outside the premises and providing a display unit within the premises will be borne by the Licensee. However, the cost of display unit will be treated as part of the meter cost while determining meter rentals. In a case where the meter/metering equipment is installed by the Licensee outside the premises of a consumer, the consumer will not be responsible for the protection of the meter from theft or damage.

 

(d)       The cost of shifting of meters already installed wherever required by the Licensee will be borne by the Licensee.

 

(e)       In the case of multi storey buildings/apartments, meter/metering equipment may be installed near the entrance of the consumer premises or at any other convenient common space provided that the cost of infrastructure from the premises of a consumer to the common space is borne by the owner/promoter or an association/society of occupants/ owners that may be formed in the complex. In such a case, the owner/promoter or association/society would also be required to ensure protection of the meter/metering equipment from theft or damage.

 

(f)         The Licensee may install a remote metering device in the consumer’s premises and in such a case the consumer will provide access to the meter through a telephone line at his cost if so required by the Licensee.   

 

(g)       Wherever new meter/metering equipment is installed, the meter will be sealed by the Licensee immediately thereafter in the presence of the consumer, as provided in the Regulations notified by the Central Electricity Authority. No liability will be cast on the consumer in case of delay in affixing of the seals by the Licensee. The seals of the meter will be removed only by the Licensee, as and when required and no consumer will tamper with, break or remove the seal(s) under any circumstances.

 

21.3   Testing of Meters

 

(a)       It will be the responsibility of the Licensee to satisfy itself regarding the accuracy of a meter before it is installed at the consumer premises.

 

(b)       The Licensee shall maintain such number of accredited testing laboratories as per the standards prescribed by the National Accreditation Board for Testing and Calibration Laboratories (NABL) as the Commission may require and all such laboratories will atleast be equipped with testing equipment as provided in the Regulations notified by the Central Electricity Authority under Section 55 of the Act.

 

(c)        After testing in the laboratory, the body of the meter will be duly sealed by an officer(s) authorized by the Licensee.

 

(d)       The Licensee may also conduct periodical inspection/testing of the meters installed at the consumers’ premises as per Regulations notified by the Central Electricity Authority under Section 55 of the Act.

 

(e)       The Commission may also require the Licensee to undertake third party testing of meters/metering equipment installed at the consumers’ premises.

 

21.4    Defective Meters

 

(a)       The Licensee will have the right to test any meter and related apparatus installed at a consumer’s premises if there is a reasonable doubt about its accuracy and the consumer will provide the Licensee all necessary assistance in conducting the test. The consumer will have the right to be present during such testing.

 

(b)       (i)         A consumer may request the Licensee to test the meter/metering equipment installed in his premises, if he doubts its accuracy. The Licensee will undertake such site testing within seven days on payment of fee as specified in the Schedule of General Charges approved by the Commission.

 

(ii)        If after testing, the meter is found to be defective then the fee deposited in accordance with Regulation 21.4 (b) (i) will be refunded by adjustment in the electricity bills for the immediately succeeding months. In case the meter is found to be correct then such fee will be forfeited by the Licensee.

 

            (c)        In case a consumer is not satisfied with the site testing of the meter installed in his premises or the meter cannot be tested by the Licensee at site then the meter will be removed and packed for testing in the laboratory of the Licensee and another duly tested meter will be installed at the premises of such a consumer. In the event the Licensee or the consumer apprehends tampering of meter and/or its seals then the packing containing the meter will be jointly sealed by the Licensee and the consumer. The seals will be broken and testing undertaken in the laboratory of the Licensee in the presence of the consumer.

            (d)       In case of testing of a meter removed from the consumer premises in the Licensee’s laboratory, the consumer would be informed of the proposed date of testing atleast seven days in advance. The signature of the consumer, or his authorized representative, if present, would be obtained on the Test Result Sheet and a copy thereof supplied to the consumer.

 

            (e)       In case a meter installed at a consumer’s premises gets burnt, a new tested meter will be installed within five days of the receipt of complaint. If the meter is burnt due to reasons attributable to the consumer, the Licensee will debit the cost of the meter to the consumer who will also be informed about his liability to bear the cost. However, supply of electricity to the premises will be immediately restored even if direct supply is to be resorted to, till such time as another tested meter is installed.

 

            (f)         In case where a meter installed at a consumer’s premises is reported to have been stolen and an FIR to this effect is lodged by the consumer, supply of electricity will be immediately restored by the Licensee on consumer’s request by installing another tested meter or by resorting to direct supply in case a meter is not available. In all such cases, the cost of the meter will be recovered from the consumer through electricity bills of the immediately succeeding months.

 

(g)               Overhauling of consumer accounts

 

(i)                 If a meter on testing is found to be beyond the limits of accuracy as prescribed in the Regulations notified by the Central Electricity Authority under Section 55 of the Act, the electricity charges for all categories of consumers will be computed in accordance with the said test results for a period of six months immediately preceding, the :

 

(a)   date of test in case the meter has been tested at site to the satisfaction of the consumer ; or

 

(b)   date the defective meter is removed for testing in the laboratory of the Licensee where such testing is undertaken at the instance of the Licensee ; or

 

(c)   date of receipt of request from the consumer for testing a meter in the laboratory of the Licensee.

 

Any evidence provided by the consumer about conditions of working and/or occupancy of the concerned premises during the said period(s) which might have a bearing on computation of electricity consumption will, however, be taken into consideration by the Licensee.

 

(ii)               The accounts of a consumer will be overhauled for the period a burnt meter remained at site and for the period of direct supply, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in para-4 of Annexure-8 and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.

 

(iii)             In case of stolen meters the accounts of a consumer will be overhauled for the period of direct supply as per procedure applicable for a burnt meter contained in Regulation 21.4 (g) (ii).

 

(iv)              If a consumer is liable to pay an additional amount or entitled to a refund in consequence of an overhaul of his account in accordance with Regulations 21.4 (g) (i), (ii) and (iii), the Licensee will effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months.


CHAPTER III – STANDARDS OF PERFORMANCE

 

22.       General

 

22.1    These standards specify critical distribution system parameters which a Licensee shall maintain with a view to providing an efficient, reliable and safe system of electricity distribution and retail supply. These standards seek to :

 

(a)       ensure that the Licensee meets minimum standards essential for the safety and optimal performance of electrical equipment installed in a consumer’s premises,   

 

(b)               enable a consumer to design his systems and install equipment suitable to the electrical environment, and

 

(c)               specify the minimum levels of service to be provided by the Licensee in the short term and move towards improved standards in the long term.

 

22.2    The standards specified in Annexure-1 are the Minimum Standards of Performance that a Licensee will achieve.

 

22.3    The standards specified in Annexure-2 are the Overall Standards of Performance which the Licensee will seek to achieve in the discharge of its obligations as a Licensee.

 

22.4    The Commission may specify different standards for a class or classes of the Licensees.

 

23.       Safety

 

23.1    The construction, operation and maintenance of the distribution lines and sub-stations will be carried out only in accordance with safety measures as may be specified by the Central Electricity Authority under Section 53 of the Act. Till such time these are specified by the Central Electricity Authority, the provisions of the Indian Electricity Rules, 1956 will apply.

 

23.2    Grounding to be provided for the equipment and lines and the earthing of sub stations will be in accordance with IS:3043-Code of Practice for Earthing.

 

23.3    The earthing system of the distribution network will be maintained in such a condition so as to ensure instantaneous operation of a fuse, circuit breaker or other protective equipment.

 

23.4

 

(a)       The Licensee may call upon any consumer to conform to the requisite safety standards within a period of not less than twenty one days. In the event of non-compliance of such standards persisting beyond twenty one days, the Licensee may disconnect supply to any such consumer premises where continuance of supply may reasonably be expected to affect system operations and safety.

 

(b)       In emergent situations where safety of the Grid is likely to be effected, disconnection may, however, be effected immediately.

 

(c)        The connection will be restored immediately after the originating causes leading to the disconnection are removed or rectified.

 

24.       Harmonics

 

(a)               The  Licensee  will  monitor  harmonics  in  respect  of   those   EHT/HT  

consumers, which it considers prone to generation of harmonic currents and require such consumers to comply with standards as may be specified by the Commission.

 

(b)      The harmonic currents generated by a consumer will be jointly measured by the Licensee and the consumer and its record maintained.

 

(c)        Consumers contributing harmonic distortion in excess of the specified standards will be liable to pay penalty, as may be specified by the Commission.

 

25.       Complaint handling

 

25.1    The Licensee will register and attend to every complaint made by a consumer, verbally, telephonically or in writing, regarding failure/interruption of supply, quality of supply, functioning of meters/meter boxes/metering system, payment of bills and other services relating to supply, as specified in the ‘Consumer Complaint Handling Procedure’ approved by the Commission. 

 

25.2    (i)         The Licensee will, in addition to its notified offices, set up an adequate number of complaint centres for the registration of complaints by consumers/applicants. These will include nodal notified offices/complaint centres where an interactive voice recording system would be installed. The Licensee will draw up a detailed plan for the installation of such a system including computerization of data relating to the receipt and disposal of complaints. The time table for the phased implementation of this plan will be submitted to the Commission within three months of the notification of the Supply Code for approval. Complaints pertaining to failure/interruption of supply listed in para 1 of Annexure-1 will be registered by the Licensee at the complaint centres in the format specified in Annexure-3A. The complainant will be immediately intimated of the complaint number and the time of its registration.

 

 (ii)       All other complaints listed in paras 2 to 7 of Annexure-1, made in writing in the format appended to the ‘Consumer Complaint Handling Procedure’, will be registered in the notified offices of the Licensee in the performa at Annexure-3B. The complainant will be immediately intimated of the complaint number and the time of its registration.

 

(iii)             All complaints will be attended to/rectified first by the officer/functionary incharge of the notified office within the time limits specified by the Commission. In case the complainant is not satisfied with the response or there is no response, the complainant will have the right to approach the Divisional Dispute Settlement Committee, as specified in the ‘Consumer Complaint Handling Procedure’.

 

(iv)              The Commission may at any time review the adequacy of the complaint centres set up by the Licensee and direct the Licensee to establish additional centres where the Commission is of the view that any area is not being adequately served.

 

(v)                The Licensee will every month compile data of  complaints registered in formats 3A and 3B, in the proforma at Annexure-4 and furnish the same to the Commission alongwith the half yearly reports to be submitted as per Regulation 27.

 

25.3    The Licensee will be required to maintain standards of performance for supply to all consumers as specified in Annexure-1. The periods specified in these standards is the maximum time permissible for services to be provided to the consumers. It will, however, be the endeavor of the Licensee to provide the best possible services well before the time limits specified in these Regulations.

 

26.       Compensation

 

26.1    In the event of failure to meet the Standards of Performance specified in Annexure-1 the Licensee will be liable to pay compensation to the affected consumers as specified in Annexure-5.

 

26.2    The Licensee will where feasible without any request from the consumer pay the compensation referred to in Regulation 26.1 within ninety days of the failure having occurred by adjustment in the electricity bills of the immediately succeeding months. The Commission will specify the procedure for payment of compensation by a Licensee. 

 

26.3    The liability to pay compensation under Regulation 26.1 will commence from such date as may be notified by the Commission. The Commission may, however, notify different dates for enforcing different standards of performance.

 

 

26.4  

 

(i)         The liabilities of the Licensee to pay compensation on his own under Regulation 26.1 will not in any manner affect the determination and payment of compensation under the Act or any other law for the time being in force.

 

(ii)        The compensation payable by the Licensee under Regulation 26.1 and attributable to its negligence/inefficiency will not be allowed as a pass-through expense in the Aggregate Revenue Requirements of the Licensee.

 

27.       Information on Standards of Performance

 

27.1    The Licensee will furnish the following information to the Commission in a half yearly report and a consolidated annual report :-

 

(a)       the levels of performance achieved by the Licensee with reference to those specified in Annexure-1 to these Regulations as per proforma at Annexure – 6A ;

 

(b)       the measures taken by the Licensee to improve performance in the areas covered by the minimum Standards and the Licensee’s views on improved targets for the ensuing year ;

 

(c)        the number of claims preferred by consumers for failure to meet the Standards of Performance and related information as per proforma at Annexure – 6B ; 

 

(d)       the levels of overall performance achieved with reference to those specified in Annexure-2 to these Regulations ;

 

(e)       the measures taken by the Licensee to generally improve performance in Overall Standards (Annexure-2) and the Licensee’s views on improved targets for the ensuing year ; and

 

(f)         any other information that may be specifically sought by the Commission ;

 

27.2    The half yearly report for the period April-September and the consolidated annual report ending March thirty one, will be furnished to the Commission in the months of October and April of that year.

 

27.3    The Commission may direct the Licensee to publicise information furnished by the Licensee under these Regulations in such form, manner and frequency as it may deem appropriate but not inconsistent with the Act.

 

 

 

 

28.       Exemption

 

28.1    The Standards of Performance specified in these Regulations may be suspended during Force Majeure conditions including war, mutiny, civil commotion, riot, flood, cyclone, lightening, earthquake,  lockout, fire that may affect a Licensee’s installations or activities.

 

            In case of any dispute as to the existence of Force Majeure conditions, the decision of the Commission will be final.

 

28.2    Standards of performance would also not be applicable where supply of electricity is effected due to adoption of power regulatory measures by the Licensee under the directions of Northern Regional Load Despatch Centre or State Load Despatch Centre.

 

28.3    The Commission may after hearing the Licensee and representatives of affected consumer(s) release the Licensee from liability to compensate consumer(s) for any default in the performance, if the Commission is satisfied that the Licensee has made all due efforts to fulfil its obligations and that such default is for reasons not  attributable to the Licensee.


CHAPTER  IV - ELECTRICITY SUPPLY CODE

 

 

29.       Recovery of electricity charges from consumers

 

29.1    A Licensee may recover from a consumer any charges due to him in respect of the supply of electricity or for the provision of any meter, electric line or electrical plant.

 

            In addition, a consumer will be liable to pay any additional charges leviable relating to the supply of electricity as per conditions in force.

 

29.2    The Licensee will recover all such charges for electricity/electrical equipment supplied as per the tariff determined or charges approved by the Commission.

 

29.3    Consumers will also be liable to pay the amounts chargeable by way of taxes, duties, octroi, cess and the like as may be levied by the State Government or any other competent authority.

 

29.4    All consumers will for every billing cycle effect payments to the Licensee within the time specified in Regulation 31 at the notified offices of the Licensee or any other place specified by the Licensee for the purpose.

 

30.       Electricity bills

 

30.1    The Licensee will issue bills to the consumer for the electricity supplied or for other services rendered with a periodicity of,

 

(a)       not more than two months in respect of Domestic Supply (DS) and Non-Residential Supply (NRS) consumers with loads less than 50 KW ;

 

(b)       in the case of DS and NRS consumers with loads of 50 KW and above and all other categories of consumers including agricultural pump sets (metered supply), bills will be issued monthly.

 

Provided that electricity charges will be collected on a monthly basis from agricultural consumers charged at a flat rate and suitable entries made to that effect in a passbook to be provided by the Licensee to each such consumer. The passbook may also contain such other information as may be specified by the Licensee.

           

30.2    When supply to a new consumer is commenced in the middle of a billing cycle, the fixed charges, minimum charges and/or any other similar charges will be levied prorata for the number of days for which supply is given during the billing cycle.

 

30.3    The consumers will pay on a pro-rata basis in case any tariff/other charges are made applicable in the middle of a billing cycle.

30.4    In the event of supply of electricity to any category of consumers being fully or partially subsidized by the State Government, payment of electricity charges for such consumers to the Licensee will be effected by the State Government in the manner specified by the Commission.

 

30.5

 

(a)       A consumer bill will disclose the periodicity of billing, date when the meter was read, the date of issue of bill, the due date for payment and the additional amount payable in case payment is delayed. The bill will also include other particulars as detailed in Annexure-7. 

 

(b)       The bill for arrears in the case of under assessment or the charges levied as a result of checking etc. will be initially tendered separately and will not be clubbed with the current electricity bill. The arrear bill would briefly indicate the nature and period of the arrears.

 

30.6    The meter of a consumer will be read on one of three specified days in a billing month/period and such days will be publicized in advance. However, where meter is installed outside the consumer’s premises and a display unit installed inside the premises, the readings of the consumer meter and not the display unit will be taken into account for billing purposes.

 

30.7    A meter reading card/passbook will be provided by the Licensee to each consumer to record the periodical readings taken for billing purposes, which will be readily available at the premises where a meter is installed and the meter reader will, except in case of remote reading, enter the meter reading and the date thereof in the said meter reading card/passbook. Any officer/ functionary authorized by a Licensee who cross-checks meter readings or replaces a meter and/or its seals will also record the changes in the reading, meter and/or its seals as the case may be in the meter reading card/pass book.

 

30.8    The bill will be delivered to the consumer immediately in case of spot billing and in other cases within a period not exceeding twenty one days from the date of meter reading.

 

30.9    The bills will be sent to the consumers, other than the HT/EHT category, either by post or by hand delivery and in case of HT/EHT consumers, either under certificate of posting or by hand delivery. The fact of despatch of bills to consumers of a particular area will be displayed on the notice board at the notified office of the Licensee and will also be publicized in such other manner as the Commission may direct. The loss of the bill in transit if sent by post will not be the responsibility of the Licensee. In case of hand delivery, record of delivery of the bill will be maintained at the notified office of the Licensee.

 

30.10  The Licensee’s notified offices will maintain facilities to provide duplicate bills immediately on request from a consumer. Non-receipt of the bill, however, will not entitle a consumer to delay payment beyond the due date.

 

30.11  The Licensee will issue the first bill for a new connection released during a billing cycle before the end of the next billing cycle. In case a consumer does not receive the first bill by the end of the next billing cycle, he will inform the officer/functionary incharge of notified office of the Licensee who will arrange for issue of the bill within ten days.

 

30.12  It will be the responsibility of the owner of a premises to get a special reading done by the Licensee at the time of change of occupancy or on the premises falling vacant. The owner or occupier may request the Licensee in writing for a special reading at least 15 days in advance of such a change. The Licensee will arrange a special reading and deliver the final bill, including all arrears till the date of billing, within 7 days of the meter reading. The final bill will also include payment for the period between the date of special reading and the proposed vacation of the premises on a prorata basis.

 

30.13  If a consumer vacates any premises to which electricity has been supplied by a Licensee without paying all charges due from him in respect of such supply, or for the provision of an electricity meter, electric line or electrical plant, the Licensee may refuse to give him supply at any other premises until he pays the amount due. However, the Licensee will not be entitled to require payment of such amount from the next occupier of the premises. 

 

30.14  Once the final bill is raised under Regulation 30.12, the Licensee will not have the right to recover any other charge(s).

 

31.       Payment of electricity bills

 

31.1    Payment of the bills by different categories of consumers will be effected within a period of ;

 

  • ten days from date of delivery of the bills in the case of the Large Supply, Medium Supply and Small Power industrial consumers;
  • twenty one days from date of delivery of the bills in case of Railways; and
  • fifteen days from date of delivery of the bills in case of all other categories of consumers.

 

31.2    The payment of the bills will be effected at the notified local collection centres of the Licensee or any other facilities as notified by it on any working day during hours allocated for the purpose.

 

31.3    If the due date indicated in the bill for payment is a Sunday or a Public Holiday declared by the State Government or if the Licensee’s office is closed for any other reason, the succeeding working day will be treated as the due date.

 

31.4    The consumer will at the time of payment present the bill delivered to him or a duplicate bill without which payment may not be accepted.

 

However a duplicate bill may not be insisted upon where it is feasible to accept payment without a bill.

 

31.5    The bill will be paid by the consumer in cash, by local cheque, banker’s cheque, demand draft, bank transfer, ebanking/credit/debit card where feasible or in such other manner, as the Licensee may notify. The Licensee will endeavor to introduce payment of bills through ebanking/credit/debit card at the earliest. 

 

Provided that the Licensee may not accept cash payment, if the total amount payable exceeds five thousand rupees.

 

31.6   The Licensee or his authorized collection agency will issue a receipt to the consumer for payment of the bill. In case of payment made by cheque, the Licensee will issue an acknowledgement of receipt of the cheque. A bank certificate indicating transfer of money to the Licensee’s account, will be sufficient proof of payment.

 

31.7    In case the cheque tendered by a consumer is not honoured, action may be initiated by the Licensee treating it as a case of non-payment. The Licensee may not accept further payment through cheques from such a consumer for a period of one year from the billing month for which the cheque tendered by the consumer was not honoured and the consumer may be required to pay the bill in cash or by demand draft only.

 

32.       Advance payment of electricity bills

 

The consumer may effect advance payment of future bills which will be adjusted in the succeeding months. The Licensee will, however, continue to issue monthly/bimonthly bills which would indicate the amount adjusted and the balance amount of advance payment.

 

33.       Additional charges for delayed payment of electricity bills

 

(a)       In case a consumer does not pay the bill or an arrear bill by the due date, late payment surcharge shall be payable as per General Conditions of Tariff approved by the Commission.

 

(b)       The unpaid amount of the arrears/current bill etc. will be treated as part of next bill and shown as arrears in Col. n (11) of the bill as per Annexure-7.

 

34.       Adjustment of amounts paid

 

The amount paid by a consumer against a bill will be adjusted as per priority stated hereunder :

 

(a)       arrears as on thirty first of March of the previous financial year,

 

(b)       arrears accrued from first of April of the current financial year till the date of bill,

 

(c)        electricity charges for the current billing cycle, and

 

(d)       Any other charges or levies.

 

35.       Disputed electricity bills

 

35.1    A consumer will effect full payment of the billed amount even if it is disputed failing which the Licensee may initiate action treating it as a case of non-payment.

 

Provided that no action will be initiated if such a consumer deposits, under protest,-

 

(a)       an amount equal to the sum claimed from him, or

 

(b)       the electricity charges for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the Licensee.  

 

35.2    Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this Regulation shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied.

 

35.3    The Licensee will after the receipt of a complaint from a consumer in its notified office, decide on the billing dispute within twenty four hours if no additional information is required and within seven days if additional information is required.

 

35.4    If on examination of a complaint, the Licensee finds a bill to be erroneous, a revised bill will be issued to the consumer indicating a revised due date of payment, which will not be earlier than seven days from the date of delivery of the revised bill to the consumer. If the amount paid by the consumer under Regulation 35.1 is in excess of the revised bill, such excess amount will be refunded through adjustment first against any outstanding amount due to the Licensee and then against the amount becoming due to the Licensee immediately thereafter. The Licensee will pay to such consumer interest on the excess amount at twice theSBI’s Short Term PLR prevalent on first of April of the relevant year from the date of payment till such time the excess amount is adjusted.

 

35.5    If the Licensee finds the bill to be correct, the consumer will be intimated accordingly and will be required to pay the balance amount if any alongwith additional charges for delayed payment from the due date, initially stipulated in the bill.

 

35.6    In case the consumer is not satisfied with the decision of the Licensee, he may after effecting payment in terms of Regulation 35.1 seek redressal in accordance with the Consumer Complaint Handling Procedure approved by the Commission. 

 

36.       Unauthorized use of electricity

 

36.1    Procedure in a case of unauthorized use of electricity

 

(a)       An Assessing Officer, designated as such by the State Government will suo-motu or on receipt of information/complaint regarding unauthorized use of electricity in a premises/area, promptly inspect such premises/ area.

 

(b)       The Assessing Officer and other members of his team will at the time of inspection carry along with them identity cards, which will on demand be shown to the person present at site before entering the premises.

 

(c)        If on inspection of the premises/area and/or scrutiny of the records, the Assessing Officer comes to the conclusion that the person is indulging in unauthorized use of electricity, he will prepare an inspection report inter alia indicating connected load, condition of seals and meter and also giving details of evidence substantiating the unauthorized use. The Assessing Officer will wherever possible photograph/videograph the means of such unauthorized use.

 

(d)       The inspection report will be signed by the Assessing Officer and a copy handed over to the person/consumer or his/her representative present at site. In case of refusal to accept the report, a copy of the inspection report will be pasted at a conspicuous place in/outside the premises and another sent under registered post. The Inspection Report may also be signed by the person present at site.

 

(e)       In case theft of electricity is detected by the Assessing Officer at the time of inspection under Regulation 36.1 (a), then in case the Assessing Officer is himself not an Authorized Officer under Section 135 of the Act, an immediate reference reporting the facts will be made to the Authorized Officer for taking further action under Regulation 37. The Assessing Officer will also take suitable measures to ensure that status of the means adopted for theft is maintained as ‘in found condition’ at the premises till investigation is initiated by the Authorized Officer.

 

(f)         The Assessing Officer will provisionally assess the amount payable by the consumer/person benefited by the unauthorized use of electricity as per procedure specified in Annexure-8.

 

(g)       The provisional assessment order will be issued within forty eight  hours of inspection and served upon the consumer/person in such a manner as may be prescribed by the State Government.

 

(h)        The consumer/person served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the Licensee within seven days of the order being served on him.

 

36.2    Final Assessment

 

(a)       Any consumer/person not satisfied with the provisional assessment shall be entitled to file objections, if any, against the provisional assessment order before the Assessing Officer within seven days of the order having been served upon him. 

 

(b)       Within seven days of submission of the objections, the Assessing Officer will scrutinize the case and if no unauthorized use of electricity is established, the case will be dropped immediately and the person/consumer informed accordingly. 

 

(c)        If the Assessing Officer is still of the view that unauthorized use of electricity has taken place, he shall after providing an opportunity of personal hearing to the consumer/person pass a final order of assessment specifying the amount payable within thirty days of the date of service of order of provisional assessment.  In such a case the Assessing Officer will assess the electricity consumption and electricity charges as per the procedure given in Annexure-8.

 

(d)       The consumer/person will be required to deposit the assessed amount with the Licensee within seven days of receipt of the final order of assessment. The Licensee may extend the last date of payment of the assessed amount or allow the payment in installments subject to payment of interest on the unpaid amount for the extended period beyond seven days at the SBI’s Short Term PLR prevalent on first of April of the relevant year.  

 

(e)       The consumer/person served with the final order of assessment may accept it and deposit the assessed amount with the Licensee.

 

36.3    Appeal to appellate authority

 

(a)       The consumer/person aggrieved by the final assessment order made under Regulation 36.2 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and accompanied by such fee as specified by the Commission in its Regulations for ‘Procedure of filing Appeal before the Appellate Authority’.

No appeal shall be entertained by the Appellate Authority prescribed by the State Government unless the consumer/person deposits with the Licensee an amount equal to half of the assessed amount inclusive of the amount already deposited as per Regulation 36.2 (d) and encloses documentary evidence of such deposit along with the appeal. No appeal will lie against the final order of the assessment if it has been passed with the consent of the parties.

 

(b)       The Appellate Authority will within ninety days of an appeal being admitted, pass a final order (Appellate Order) and forward copies thereof to the Licensee, the Assessing Officer and the appellant. The order of the Appellate Authority shall be final.

 

(c)        In case the Appellate Authority holds that no case of unauthorized use of electricity is established, no further proceedings will be initiated by the Licensee and the amount deposited by the appellant refunded alongwith interest for the period from the date of deposit till the amount recovered is adjusted, at the SBI’s Short Term PLR prevalent on first of April of the relevant year, through adjustment in the electricity bills of the immediately succeeding months.

 

(d)       Where a case of unauthorized use of electricity is established, the consumer/person will within thirty days effect payment of the balance amount as per the Appellate Order.          

 

(e)       In case the amount payable as determined by the Appellate Authority is less than the amount already deposited by the consumer/person, the excess amount will be refunded by adjustment in the bills of the immediately succeeding months together with interest at SBI’s Short Term PLR prevalent on first of April of the relevant year for the period from the date of such excess deposit till the date of actual adjustment.

 

36.4    Default in payment of amount assessed

 

            In case of default in payment of the assessed amount or any installments thereof by a consumer, the Licensee will, without any notice disconnect the supply of electricity. The defaulter, on the expiry of thirty days from the final order of assessment or the decision of the appeal as the case may be, will also be liable to pay interest on the outstanding amount at the rate of sixteen percent per annum compounded every six months till the assessed amount is finally paid. 

 

37.      Theft of Electricity

37.1    Procedure in a case for theft of electricity

 

(a)       An Authorized Officer will promptly inspect such a premises where he has reason to believe or has been intimated by an Assessing Officer under Regulation 36.1 (e) that theft of electricity has occurred or is occurring.

 

(b)       The Authorized Officer and other members of his team will, at the time of inspection carry identity cards, which will on demand be shown to the consumer/ person present at site before entering the premises.

(c)        The Authorized Officer will prepare an inspection report inter alia indicating connected load (wherever required), status of meter/metering equipment, condition of meter and seals and any other irregularity noticed (such as means adopted for theft of electricity ) in such premises. 

 

(d)       The Authorized Officer will record evidence substantiating theft of electricity in the premises and will, wherever possible, photograph/videograph the means of theft of electricity.

 

(e)       The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all items seized in the course of such search shall be prepared and delivered to such occupant or person.

 

Provided that no inspection, search and seizure of any domestic places or premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. 

 

(f)         The Authorized Officer will sign the inspection report and hand over a copy to the occupant/person present at the premises during the search. In case of refusal to receive the inspection report, a copy of the same will be pasted at a conspicuous place in/outside the premises and another copy sent to the consumer/ person under registered post.  The inspection report will, in the case of suspected theft of electricity, indicate the time in which the occupant/person may respond to the said report before the Authorized Officer gives his findings in accordance with Regulation 37.2 (a) (iii).

 

(g)       The Authorized Officer will obtain signatures of the occupant/person present during the search on the seizure memo and inspection report referred to in (e) and (f) above.

 

37.2Consequences of theft of electricity

 

(a)(i)    In case theft of electricity by a consumer/person is prima facie established, then the supply to such premises will be immediately disconnected by an officer of the Licensee as authorized for the purpose by the Commission or any other officer of the Licensee of the rank higher than the rank of an officer so authorized by the Commission. In such a case, an officer so authorized by the Commission shall lodge a complaint in writing, in this respect with the police station having jurisdiction of the area within twenty four hours from the time of such disconnection. The Authorized Officer will also immediately initiate action under Regulation 37.2 (b).

 

    (ii)  In case where a consumer is suspected to have indulged/indulging in theft of electricity by tampering with the meter/metering equipment and/or its seals or otherwise then such equipment shall be sealed by the Authorized Officer so as to keep it as ‘in found condition’. The consumer or his representative will also be permitted to affix his seal at that time.

 

    (iii)  In all cases falling under Regulation 37.2 (a) (ii) the Authorized Officer will, after giving the consumer/person an opportunity of being heard, determine within seven days whether or not there is sufficient evidence to conclude that a case of theft of electricity is prima facie established.

 

   (iv)    In case of suspected theft of electricity by tampering with meter/metering equipment or its seals or otherwise, detected as per Regulation 37.2 (a) (ii) is not established, the Authorized Officer will record reasons therefor after which all further proceedings will be dropped and the consumer/person informed accordingly.

 

   (v)     In the event a suspected case of theft of electricity by tampering with meter/metering equipment or its seals or otherwise is prima facie established, then further action will be immediately initiated in accordance with Regulation 37.2 (a) (i).

 

(b)       Where theft of electricity in a premises is prima facie established under Regulation 37.2 (a) (i) or Regulation 37.2 (a) (v), the Authorized Officer will assess the amount payable by the consumer/person who has benefited by such theft as per procedure specified at Annexure-8.  The assessment order will state the basis on which theft of electricity has been established. The Authorized Officer may, after recording reasons in writing, suitably reduce the presumptive period of theft of electricity as specified in Annexure-8 in case he is satisfied that such theft had actually occurred for a lesser period. Such an order of assessment will be delivered to the concerned consumer/person within 24 hours of theft of electricity having been established.

 

(c) (i)      A consumer/person not satisfied with the assessment order may prefer within 15 days of the assessment   a representation before an authority designated for this purpose by the Commission in respect of each Licensee. The designated authority will after giving the consumer/person an opportunity of being heard pass a final order within seven days of the representation having been received. 

 

      (ii)     The Authorized Officer or the designated authority under Regulation 37.2 (b) or 37.2 (c) (i) as the case may be, will furnish a copy of the final order to the consumer and the Licensee. The Licensee will submit a copy of the final order in the Special Court immediately after submission of the challan by the Police.

 

   (iii)    A consumer/person will deposit with the Licensee the assessed amount under Regulation 37.2 (b) within fifteen days of the assessment or the finally determined amount under Regulation 37.2 (c) (i) within three days of the order having been passed. Even after depositing the assessed amount, a consumer/person will have the right to prefer a representation before the designated authority in accordance with Regulation 37.2 (c) (i).

 

(iv)    The Licensee may extend the last date of payment of the assessed amount/amount determined under Regulation 37.2 (c) (i) or allow the consumer to make payment in instalments subject to payment of interest for the unpaid amount for the extended period beyond fifteen days at SBI’s Short Term PLR prevalent on first of April of the relevant year.

 

(v)    After the assessed/determined amount is deposited by the consumer, in full, the Licensee will resume supply of electricity to the premises within forty eight hours of such deposit.

 

(vi)    After the assessed amount/determined amount is deposited by a person who is not an existing consumer, the supply to his premises will be released treating it as a case of release of a new connection.

 

  (vii)    In case the amount determined under Regulation 37.2 (c) (i) varies from the assessment effected, then any excess amount or shortfall in the earlier deposited amount will be adjusted/recovered in the electricity bills of the immediately succeeding months.

           

37.3    In case the civil liability finally determined by the Special Court is less than the amount deposited by the consumer/person under Regulation 37.2, the excess amount so deposited will be refunded within fifteen days from the date of communication of the order of the Special Court to the Licensee together with interest at SBI’s Short Term PLR prevalent on first of April of the relevant year for the period from the date of such excess deposit till the date of payment.

 

37.4    Compounding

 

   (a)    The State Government or any Officer authorized by it may accept from any consumer/person who has committed or is reasonably suspected of theft of electricity, a sum of money as compounding fee at rates notified by the State Government. In the event of such rates not having been notified, rates as in Section 152 of the Act will apply.

 

  (b)     On receipt of such amount, all criminal proceedings against the consumer/person under this Act shall be dropped. The payment of compounding fee will be in addition to any civil liability accruing under Regulation 37.2.

 

   (c)     The compounding of an offence of theft of electricity shall be allowed only once to any consumer/person.

 

38.       Tampering, distress or damage to electrical plant, lines or meter

 

38.1    If any person intentionally or by negligence damages or allows to be damaged any electric plant or electric line belonging to a Licensee, he will be liable to pay the expenses likely to be incurred for repair/replacement of such plant/line, as assessed by the Licensee without prejudice to the right of the Licensee to take any other action under the Act.

 

38.2    (i)         The Licensee will, within 24 hours of any such damage to an electric line or plant, arrange that the likely expenditure for the repair/replacement thereof is provisionally assessed. The person concerned will be required to deposit the provisionally assessed amount within two days of the intimation of the assessment. In the event of the person not being satisfied with the provisional assessment, he may after depositing such amount submit a representation to the notified officer of the Licensee who will after providing the concerned person an opportunity of being heard, make   final assessment within seven days.

 

(ii)        In case the amount deposited by the person exceeds the finally assessed amount then such excess amount will be refunded by the Licensee within two working days of the final assessment. Where the person is a consumer, the refund will be allowed through adjustment in the electricity bills of the immediately succeeding months.

 

(iii)       In the event of the person still not being satisfied with the final assessment so made, he may seek redressal as per the Consumer Complaint Handling Procedure of the Licensee approved by the Commission.

 

38.3    The Licensee may discontinue the supply of electricity to the consumer until the finally assessed expenses have been deposited.

 

38.4    Any case of damage to a meter will be dealt with as per Regulation 21 of these Regulations.

 

39.       Disconnection of supply

 

39.1    Where a consumer fails to deposit the billed amount with the Licensee by the due date mentioned in the bill, the Licensee may, after giving not less than fifteen clear days’ notice in writing to such consumer and without prejudice to his other rights to recover such amount, disconnect supply to the consumer and for that purpose disconnect any electric supply line or other works being the property of such a Licensee.

 

Provided that the supply of electricity shall not be disconnected

 

(i)         if a consumer makes payment under protest as per Regulation 35.1 of these Regulations ;.

 

(ii)        If any sum is not recoverable as per Regulation 35.2 of these    Regulations.

Provided further that save in the case of theft of electricity, the supply of electricity to a consumer will not be disconnected on a day when the next day is a holiday in the offices of the Licensee.

 

39.2    The Licensee will not resume supply of electricity to the consumer until such outstanding amount together with charges if any for disconnecting and reconnecting the supply, specified in the Schedule of General Charges approved by the Commission are paid by the consumer.

 

39.3    In case of continued default in payment of any amount due to the Licensee by any consumer for a period of more than six months, the Licensee may terminate the agreement executed with the consumer in accordance with the ‘Conditions of Supply’ of the Licensee as approved by the Commission and remove the electric line or works connected with the supply of electricity to the consumer.

 

40.       Restoration of supply of electricity

 

40.1    Where a Licensee has disconnected supply of electricity to any premises in consequence of a default on the part of the consumer, the Licensee shall resume supply of electricity within twenty four hours from the time the consumer :

 

(a)       makes good the default,

 

(b)       pays the prescribed amount as per Schedule of General Charges, if any for disconnecting and reconnecting the supply of electricity,

 

(c)        pays the monthly minimum charges/ fixed charges for the period of disconnection and the additional charges for the delayed payment.

 

            Provided, however, that if the electric line or plant supplying electricity  to the consumer is/are removed by reason of disconnection, the Licensee will restore supply after undertaking the work for providing the electric line or plant within the time specified in the case of a new connection and the consumer will deposit charges as if a new connection is being released.

 

40.2    Supply to the consumer will be immediately reconnected, if the Licensee reasonably believes that the circumstances leading to the disconnection were actually an omission on the part of the Licensee. In such an event, no charges on any account will be recoverable from the consumer.

 

41.       Entry of the Licensee to consumer premises

 

41.1    The Licensee or any person authorized by him may, at any reasonable time and on informing the occupier of his intention, after establishing his identity, enter any premises to which electricity is being supplied or is to be supplied by the Licensee for any of the following purposes ;

(a)       Inspecting, testing, repairing or altering the electric supply lines, meters, fittings, works or other apparatus for the supply of electricity belonging to the Licensee ;

 

(b)       ascertaining the quantity of electricity supplied or the electrical quantity contained in the supply.;

 

(c)        removing, where supply of electricity is no longer required or where the Licensee is authorized to take away and disconnect such supply, any electric supply lines, meters, fittings, works or apparatus belonging to the Licensee.

 

41.2    The Licensee or any person authorized by him may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier:

 

(a)       enter any premises or land referred to in Regulation 41.1 for any of the purposes mentioned therein ;

 

(b)       enter any premises to which electricity is to be supplied for the purpose of examining and testing the electric wires fittings, works and other apparatus for the use of electricity belonging to the consumer.

 

41.3    If a consumer/occupant refuses to allow the Licensee or any person authorized by the Licensee to enter the premises in pursuance to Regulations 41.1 and 41.2 or refuses to allow him to perform any act which he is authorized to perform under these Regulations, the Licensee may, after expiry of twenty-four hours from the service of a notice in writing on the consumer/occupant disconnect supply of electricity to the premises for the time such refusal or failure continues.

 

42.       Measures to prevent diversion of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter

 

           With a view to discouraging theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter, the Licensee will inter alia initiate preventive measures detailed below :

 

(a)       arrange annual inspection, testing and certification of meters of at least 20% of total connections in his area of operation,

 

(b)       annually install pilfer proof/improved meter boxes on atleast 20% of existing connections till the said meter boxes are installed on all the connections. 

 

(c)        periodically  inspect the status of service lines and ensure replacement  wherever required,

(d)        relocate at its cost the meters of existing consumers to an appropriate location so that these are easily accessible for reading, inspection/ testing and the like.

 

(e)       arrange to provide publicity to enhance awareness of the potential of reducing commercial losses and the beneficial implications thereof to the consumer.

 

(f)         initiate steps to prevent theft by :

 

            (i)         replacement of overhead bare conductors with cables ;

 

            (ii)        provision of high voltage distribution system ;

 

(iii)       draw up an annual plan for reduction of commercial/technical  losses.

 

43.      Energy Conservation

 

(a)   The Licensee will take all requisite measures to promote energy  conservation in its area of supply and encourage/incentivise consumers in adopting suitable conservation practices in their premises.

 

(b)  The Licensee will for this purpose annually prepare an Energy Conservation Plan which will be furnished to the Commission alongwith the ARR.


CHAPTER  V -  MISCELLANEOUS

 

44.       Service of notice

 

            Any order/notice to a person/consumer by the Licensee including a notice under Section 56 of the Act, shall be deemed to be duly served by the Licensee if it is :

 

a)         sent by registered post, under certificate of posting, or by courier,

 

b)         delivered by hand to a consumer/person and an acknowledgement taken from any person in the premises, or

 

c)         affixed at a conspicuous part of such premises in case there is no person available, to whom the order/notice can, with reasonable diligence, be delivered.

 

45.       Any electrical plant, electric line or meter owned by or leased to a consumer by a Licensee or having sufficient marking indicating the Licensee as the owner thereof, will :

 

(a)        not be deemed  to be a landlord’s fixtures, not withstanding that these may be fixed or fastened to any part of his premises ; and

 

(b)       not be subject to distress or be liable to be attached in execution under process of any court or any proceedings against the person in whose possession these may be. 

 

46.       Obligation of Transmission Licensee (s)

 

            State Transmission Utility and/or any other transmission Licensee operating in the State will where necessary extend all reasonable co-operation to enable a Licensee to release new connection or additional load/demand to an applicant in accordance with these Regulations.

 

47.       Interpretation

 

47.1    These Regulations will be read and construed in all respects as being subject to the provisions of the Act, and the provisions of any other law for the time being in force.

 

47.2    Nothing contained in these Regulations will abridge or prejudice the rights of the Licensee and the consumer under the Act or any Rules or Regulations made there under.          

 

48.       Issue of orders and practice directions

 

            Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and directions in regard to the implementation of these Regulations and matters incidental or ancillary thereto.

 

49.       Powers to remove difficulties

 

            If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may do or undertake things or by a general or special order, direct the Licensee, to take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or expedient for the purpose of removing difficulties.

 

50.       Power to amend

 

            The Commission may, at any time, add or amend any of the provisions of these Regulations.

 

                                                                        BY ORDER OF THE COMMISSION

                                               Sd/-

                                                                        SECRETARY TO THE COMMISSION

 

 

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