HARYANA ELECTRICITY REGULATORY COMMISSION (ELECTRICITY SUPPLY CODE) REGULATIONS, 2014

PREAMBLE

In exercise of the powers conferred by Section 50 and clause (x) of sub-section (2) of Section 181 of the Electricity Act, 2003 (36 of 2003) (hereinafter referred to as 'the Act') and all other powers enabling it in this behalf, the Haryana Electricity Regulatory Commission hereby makes the following Regulations on Electricity Supply Code.

Regulation - 1. Short Title, Commencement and Scope Extent.

1.1  These Regulations shall be called 'The Haryana Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2014.

1.2  These Regulations shall come into force from the date of publication in the official Gazette of Haryana.

1.3 These Regulations shall be applicable to:

(1)     all Distribution and Retail Supply licensees including deemed licensees and all consumers in the State of Haryana;

(2)     all other persons who are exempted under Section 13 of the Act; and

(3)     cases relating to unauthorized supply, unauthorized use, diversion and other means of unauthorized use/abstraction of electricity.

1.4 These Regulations detail the obligations of the licensee and consumers visvis each other and specify the set of practices that shall be adopted by the licensee to provide efficient, cost-effective and consumer friendly service to the consumers. These specifically detail the following:

(1)     The procedure for connection, disconnection, reconnection, assessment of load, changes in existing connections including load modifications, change of name and change of tariff category.

(2)     Practices relating to consumer metering, billing and payment of bills.

(3)     Theft and unauthorized use of Electricity.

Regulation - 2. Definitions and Interpretations.

2.1 Words, terms and expressions defined in the Electricity Act, 2003, as amended from time to time and used in these Regulations, shall have and carry the same meaning as defined and assigned in the said Act.

All other expressions used herein but not specifically defined in these Regulations or in the Act but defined under the Haryana Electricity Reform Act, 1997 shall have the meaning assigned to them under the same Act, provided that such definitions in the Haryana Electricity Reform Act, 1997 are not inconsistent with the provisions of the Electricity Act, 2003.

2.2 In interpretation of these Regulations, unless the context otherwise requires:

(1)     Words in the singular or plural term, as the case may be, shall also be deemed to include the plural or the singular term, respectively;

(2)     References to any statutes, regulations or guidelines shall be construed as including all statutory provisions consolidating, amending or replacing such statutes, Regulations or guidelines, as the case may be, referred to;

(3)     Terms "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" regardless of whether such terms are followed by such phrases or words of like import.

2.3 In these Regulations, unless it is repugnant to the context:

(1)     "Act" means the Electricity Act, 2003 and subsequent amendments thereof;

(2)     "additional Surcharge" means surcharge determined by the Commission under Section 42(4) of the Act;

(3)     "advance consumption deposit (ACD)" means deposit as a security to cover the estimated power consumption charges for two billing cycles;

(4)     "agreement" means an agreement specified in the conditions of supply and entered into by the licensee and consumer for the services including supply of electricity by the licensee to such consumer;

(5)     "Appellate Authority" means the authority prescribed under sub-section (1) of Section 127 of the Act;

(6)     "applicant" means an owner or occupier of any land/premises who files an application with a licensee 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 Codes, Rules and Regulations made thereunder or other services;

(7)     "application" means an application form complete in all respects in the format in accordance with Regulation 18 hereinafter, along with documents showing payment of necessary charges and other compliances;

(8)     "area of supply" means the area within which a licensee is authorized by his License to supply electricity;

(9)     "Assessing Officer" means an officer designated as Assessing Officer by the State Government of Haryana under provisions of Section 126 of the Act;

(10)   "Authorized Officer" means an officer designated as Authorized Officer by the Commission or the State Government, as the case may be, under provisions of Section 135 of the Act;

(11)   "authorized representative" of any person/entity means all officers, staff, representatives or persons discharging functions under the general or specific authority of the person concerned/entity;

(12)   "billing cycle or billing period" means the period for which regular electricity bills as specified by the Commission, are prepared for different categories of consumers by the licensee. This is the period between two consecutive meter reading dates.

(13)   "calendar year" means the period from the first day of January of a year to the thirty first day of December, of the same year;

(14)   "check meter" means a meter connected to the same core of the Current Transformer (CT) and Voltage Transformer (VT) to which main meter is connected. In case of low tension supply, check meter means a meter connected in series with the main meter;

(15)   "Commission" means the Haryana Electricity Regulatory Commission.

(16)   "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;

(17)   "connected load" expressed in kW, means aggregate of the manufacturer's rated capacities or in its absence assessed capacities of all energy consuming devices or apparatus connected with the Distribution licensee's service line on the consumer's premises which can be simultaneously used and shall be determined as per the procedure laid down in these Regulations.

(18)   "connection point" means a point at which the consumer's installation and/or apparatus are connected to distribution licensee's distribution system;

(19)   "consumer's installation" means any composite portable or stationary electrical unit including electric wires, fittings, motors and apparatus erected and wired by or on behalf of the consumer at the consumer's premises starting from the point of supply and includes apparatus that is available on his premises for being connected or envisaged to be connected to the installation but is for the time being not connected;

(20)   "consumer premises" means land, building or structure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;

(21)   "consumption charges" means the consumption of electrical energy in KWh or KVAh multiplied by applicable energy charges including demand charges/fixed charges, fuel surcharge adjustment (FSA), peak load exemption charges, whichever applicable. These exclude all types of duties and taxes, service charges and rentals. Consumption charges may also be called the Sale of Power (SOP) charges.

(22)   "contract demand" means the maximum demand in kW or kVA (within a consumer's sanctioned load) agreed to be supplied by the licensee and indicated in the agreement executed between the licensee and the consumer;

(23)   "cut-out" means any appliance or device for automatically interrupting the conduction of electricity through any conductor when the current rises above a pre-determined quantum and shall also include fusible devices;

(24)   "date of commencement of supply" is the date when the licensee energizes the consumer installation by connecting to the distribution main;

(25)   "disconnection" means the physical separation of consumer installation from the licensee's system;

(26)   "distribution main" means the portion of any main with which a service line is, or is intended to be, immediately connected;

(27)   "earthed" means connected with the general mass of earth in such manner as to ensure at all times an immediate discharge of electricity without danger;

(28)   "emergency rostering" means load shedding carried out by disconnecting at short notice or no notice for safety of personnel and equipment;

 

(29)   "Extra High Voltage (EHV)" means a voltage exceeding 33000 Volts;

 

(30)   "financial year" means the period beginning from first of April in a calendar year and ending with the thirty first of the March of the next calendar year;

 

(31)   "feeder" means an electrical line emanating from a substation, to which a distribution substation or LT or HT consumers are connected;

 

(32)   "fixed charges" shall be as per the provisions of the prevailing tariff order issued for the licensee by the Commission;

 

(33)   "High Tension (HT)" means a supply at High Voltage or Extra High Voltage;

 

(34)   "High Voltage (HV)" means a voltage level above 650 Volts and up to 33000 Volts;

 

(35)   "independent feeder" means a feeder constructed at the cost of a consumer or a group of consumers and supplying electricity to only that consumer or group of consumers;

 

(36)   "interconnection" shall have the same meaning as "connection point" as defined in Regulation 2.3 (18);

 

(37)   "Licensed Electrical Contractor (LEC)" means a contractor licensed under Regulation 29 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010;

 

(38)   "licensee" or "distribution licensee" means a licensee authorized to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply and includes his authorized representative;

 

(39)   "Low Tension (LT)" means a supply at low voltage or medium voltage;

 

(40)   "Low Voltage (LV)" means a voltage that does not exceed 250 volts.

 

(41)   "maximum demand" means the highest load measured in average kVA or kW at the point of supply of a consumer during any continuous period of thirty minutes during the billing period;

 

(42)   "Medium Voltage (MV) " means a voltage above 250 volts and upto 650 volts.

 

(43)   "meter" means an equipment used for measuring, indicating and recording quantities including energy in kWh or kVAh, maximum demand in kW or kVA, reactive energy in kVARh and accessories including Current Transformer (CT), Voltage Transformer (VT)/Potential Transformer (PT)/Capacitor Voltage Transformer (CVT), where used in conjunction with such meter. It shall also include necessary wiring, any seal or sealing arrangement and other measures provided by the licensee for sealing, reliability and for preventing theft/unauthorized use of electricity;

 

(44)   "minimum charge" means the minimum monthly charges as approved by the Commission in the prevailing tariff order for the licensee;

 

(45)   "occupier" means the owner or person in occupation of the premises where energy is used or proposed to be used;

 

(46)   "point of supply" means the point at the incoming terminals of switchgear installed by the consumer;

 

(47)   "power factor" is the cosine of the angle between the voltage and current vectors in an AC electrical circuit;

 

(48)   "sanctioned load" means the approved connected load in kW;

 

(49)   "security deposit" means deposit made by a consumer to cover the payment due to the licensee for electric meter and metering equipment that is to be provided by the licensee for supplying electricity to a premises and includes the advance consumption deposit;

 

(50)   "supplier" means any entity authorized to supply electricity to a consumer under the provisions of the Act;

 

(51)   "surcharge" means surcharge determined by the Commission under Section 39(2)(d)(ii), 40(c)(ii), and 42(2) of the Act;

 

(52)   "tariff" means a schedule of prices or charges for supply of electrical energy and services as approved by the Commission, which are applicable to all such services provided to the consumers by the licensee;

 

(53)   "user" means any person having electrical interface with, or using the distribution system of the distribution licensee to whom these Regulations are applicable.

 

(54)   "wheeling charges" means charges for wheeling of electricity as determined by the Commission;

Note:- Any reference to Regulations without any qualification shall be construed as reference to these Regulations.

Regulation - 3. System of Supply and Classification of Consumers.

3.1 System of Supply

Rated frequency of the alternating current system shall be 50 cycles per second. The voltage and frequency shall be kept within the range as specified in the relevant rules/Regulations made by the Govt. of India or the Central Electricity Authority from time to time.

3.2 Classification of Supply

3.2.1 Supply shall generally be given at the following voltages on the basis of contracted load:

3.2.2 Provided that in case where supply, depending upon the technical conditions of the transmission/distribution system and/or the requirement of the consumer, has to be given at a voltage higher than those specified above, the licensee may give the same subject to the Commission's approval.

3.2.3 The existing LT connections having sanctioned load above 50 kW and up to 70 kW would continue to be categorized as LT connections till these are converted to HT connections.

3.3 Load Balancing

All HT consumers taking three-phase supply shall balance their load in such a way that the difference in loading between each phase does not exceed 5% of the average loading between the phases.

3.4 Classification of Consumers

The licensee shall classify the consumers into various tariff categories from time to time as approved by the Commission. No additional category other than those approved by the Commission shall be created by the licensee.

3.5 Charges for Supply

3.5.1 The distribution licensee shall recover the electricity charges for the electricity supplied to the consumer as per the tariff determined by the Commission from time to time in accordance with the provisions of the Act.

3.5.2 The consumer shall pay to the licensee within the time specified for the purpose under Regulation 6 after every billing cycle, charges for supply of electricity to the consumer during the billing cycle at the tariff in force.

3.5.3 Charges for supply of electricity shall be as per the tariff and other schedules approved by the Commission from time to time. These may include:-

(1)     Energy charges, fixed charges/demand charges, minimum monthly charges, peak load exemption charges, as applicable;

 

(2)     Fuel surcharge adjustment charges;

 

(3)     Statutory levies such as electricity duty, taxes or any other taxes/duties payable by the consumer as per law;

 

(4)     Wheeling charges and/or cross-subsidy surcharge and additional surcharge, if any, as determined by the Commission;

 

(5)     Rental, if any, towards meters and other electric plant & equipment of the licensee;

 

(6)     Miscellaneous charges such as penal charges for exceeding contract demand, late payment surcharge, and any other charges applicable;

 

(7)     Any other charges applicable;

3.5.4 The licensee shall display the tariff and other schedules on its website immediately after the Commission has approved these. The licensee shall also make available copies of such schedules to consumers at a reasonable price.

3.5.5 For the billing cycle in which the supply to a new consumer is commenced, the fixed charges/demand charges, minimum monthly charges, rentals and/or any other similar charges shall be levied pro-rata for the number of days for which supply is given during the billing cycle. In the cases where the tariff structure contains slabs, the consumer shall be allowed the benefit for the full energy under the relevant lower slab(s) without applying pro-rata principle.

3.5.6 Consumer shall pay on prorata basis in case any tariff/other charges are made applicable during a billing cycle.

Regulation - 4. Procedure For Release of New Connection and Modification in Existing Connection.

4.1 Licensee's obligation to supply

4.1.1 The licensee shall, on an application by the owner or occupier of any premises located in his area of supply, give supply of electricity to such premises within the time specified in these Regulations, provided:-

(1)     the supply of power is technically feasible. Where it is found not to be feasible, the licensee shall endeavor to improve feasibility at the earliest.

(2)     the applicant has observed the procedure and conditions as specified in these Regulations.

4.1.2 The system of supply and voltage shall depend on the category of the consumer and the load as per details given in Regulations 3.1 and 3.2, subject to provision under Regulation 3.2.2.

4.2 Licensee's obligation to strengthen/upgrade/augment the distribution system and the mode of recovery of the cost thereof

4.2.1 The licensee is responsible for ensuring that its distribution system is upgraded, extended and strengthened to meet the demand for electricity in its area of supply including the growth of such demand.

4.2.2 The licensee shall bear the cost for strengthening, augmentation and up-gradation of the system, to meet the demand of general areas, through its annual revenue requirements (ARR) and the licensee shall seek to recover these costs from the consumers by submitting appropriate tariff proposal before the Commission while submitting the ARR. However, for individual consumers, the provisions of Regulations 4.2.3 and 4.2.4 shall apply.

4.2.3 The cost of extension of distribution main and its up-gradation up to the point of supply for meeting demand of a consumer, whether new or existing, and any strengthening/augmentation/up-gradation in the system starting from the feeding substation for giving supply to that consumer, shall be payable by the consumer or any collective body of such consumers as per the Regulations framed by the Commission under Section 46 of the Act.

4.2.4 In case of a new connection, the consumer shall bear service connection charges, i.e. the cost of extension of service line from the distribution main to the point of supply.

4.2.5 The licensee shall prominently display on its website and in its offices, detailed procedure for grant of new connection and complete list of documents required to be furnished along with the application. Details of various charges/security amount to be deposited by the applicant, in accordance with the stipulation in these Regulations, shall also be displayed.

4.3  Conditions for Grant of Connection due to change of ownership/division/reconstruction of property.

4.3.1 Purchase of existing property

Where the applicant has purchased an existing property, whose supply has been disconnected, it shall be the applicant's duty to verify that the previous owner has paid all dues to the licensee and obtained a "no-dues certificate" from the licensee. In case such "no-dues certificate" has not been obtained by the previous owner, the applicant shall request the previous owner to obtain a no dues certificate from the licensee and handover the same to him. On receipt of such request from the previous owner, the licensee shall either intimate in writing the dues outstanding on the premises, if any, or issue a "no-dues certificate" within thirty (30) days from date of receipt of request. If the licensee does not issue the no dues certificate or dispatch a letter intimating the dues to the previous owner within thirty (30) days of receipt of his request, the applicant shall be absolved of any liability on account of dues against the previous owner and the licensee shall have to seek legal recourse separately against the previous owner for recovery of such dues.

In case the licensee dispatches a letter intimating the dues to the previous owner within thirty (30) days of receipt of his request and in case these are not deposited by the previous owner, the applicant shall be liable to clear any dues against the previous owner before a new connection is released in his favour.

If however, subsequently at any stage, the audit points out any additional amount due on account of period of the previous owner, it shall be the liability of the new consumer to pay such amount.

4.3.2 Sub-divided property

Where a property has been sub-divided as per law, outstanding dues for consumption of energy on such undivided property, if any, shall be cleared by the consumer in whose name the connection existed prior to division of the property. A new connection to any portion of such sub-divided premises shall be given only after the outstanding dues, if any, attributed to such un-divided premises are duly paid by the consumer in whose name the connection existed prior to division of property or by any other person on his behalf.

4.3.3 Reconstruction of existing property

In case of demolition and reconstruction of the entire building, the existing consumer installation shall be surrendered, meter and service line shall be removed and the agreement shall be terminated. The security deposit of the consumer shall be duly returned by the licensee in accordance with Regulation 4.15.4 (4). A new connection shall be taken for the reconstructed building after clearing all dues on the old connection. Temporary power supply connection shall be allowed for construction purpose in such cases.

4.4 Procedure for providing New Electricity Connection 

4.4.1 Application for new connection

(1)     The applicant shall apply for release of new connection in the prescribed application form.

(2)     Application forms shall be available at the local office of the licensee on payment of prescribed charges.

(3)     The licensee shall also put up all application forms on its website for free download. The licensee shall also display in each office, the address and telephone numbers of offices in the respective area of supply where filled-up application forms pertaining to that particular area can be submitted. Any assistance or information required in filling up the form shall be provided free of cost to applicants at the local office of the licensee.

(4)     The licensee shall also provide alternative avenues for applying for new connection or modification in existing connection through website, customer care centers and other technological means, which minimize the applicant's interface with the licensee during the process.

(5)     Application form for new connection must be accompanied with a photograph of the applicant, identity proof of the applicant, proof of applicant's ownership or legal occupancy over the premises for which new connection is being sought, proof of applicant's current address and the no dues certificate mentioned in Regulation 4.3.1 or in its absence undertaking to pay outstanding dues of the previous owner and in specific cases, certain other documents as detailed in Regulations 4.4.1 (7) to 4.4.1 (11).

(6)     Processing fee (non - refundable), as per rates prescribed under Haryana Electricity Regulatory Commission (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply & Power to require security) Regulations 2005, shall be paid by the applicant while applying for a new connection.

(7)     Any one of the following documents shall be considered as acceptable proof of identity:

(a)      If the applicant is an individual:

(i)       Electoral identity card;

(ii)      Passport;

(iii)     Driving license;

(iv)    Ration card;

(v)      Photo identity card issued by a Government agency;

(vi)    PAN card;

(vii)   Aadhaar Card

(b)      If the applicant is a company, trust, educational institution, government department, the application form shall be signed by an authorized person along with a relevant resolution/authority letter of the company/institution concerned. In case of a registered company, all the Directors shall be jointly and severally liable.

(8)     Any one of the following documents shall be considered as acceptable proof of ownership or occupancy of premises:

(a)      In case of Agriculture supply connection:

A copy of khasra girdawari/jamabandi in the name of the applicant.

(b)      For all other connections:

(i)       Copy of sale deed/allotment letter or lease deed or rent deed in the name of the applicant;

(ii)      Registered General Power of Attorney from the owner in favour of the applicant alongwith (i) above;

(iii)     Property tax receipt or tax demand notice as proof of ownership and rent deed or any other legal proof of being a tenant and paying rent as proof of occupancy;

If there is no document as listed above with the applicant, then the licensee's official shall visit the site of connection and confirm regarding the proof of legal occupancy of the applicant through other means including municipal committee water/sewerage bill or statement of neighbours.

(9)     All communications shall be sent at the address where the connection has been released. However, till release of connection, communication may be sent at the address provided by the applicant for this purpose.

(10)   In case of a partnership firm, the applicant shall furnish the partnership deed and an authorization in the name of the applicant for signing the application form and agreement.

(11)   In case of Public and/or Private limited Company, the applicant shall furnish the Memorandum and Articles of Association and Certificate of Incorporation along with an authorization in the form of resolution of Board of Directors in the name of the applicant for signing the application form and agreement. Such connection shall be released in the registered name of the company.

4.4.2 Processing of Applications

(1)     For all applications pertaining to release of new electricity connections, the licensee shall check the application along with the enclosed documents and if found deficient, shall inform the applicant of the same either at the time of receipt of application or within 2 days from the date of receipt of application. If the application is complete, the licensee shall acknowledge its receipt.

(2)     An application shall be deemed to be received on the date of receipt of consumer's request for electricity connection in the prescribed application form, complete in all respects including all the required documents and having deposited all applicable charges.

(3)     The licensee shall maintain a permanent record of all applications received in a Service Register/Database. Each application shall be allotted a permanent application number (for identification) serially in the order in which it was received. Separate registers/databases for different categories of consumers shall be maintained. The licensee shall keep the registers/databases updated with stage-wise status of disposal of each application. The updated status of applications received for new connections shall be displayed on the licensee's website and the notice board kept at the local office of the licensee, to be updated on first and sixteenth day of each month.

(4)     The licensee shall deal with applications in each tariff category on the broad principle of "first come, first served" basis as per serial priority in the Service Register/Database. The updated status of connections released and proposed to be released in the next fortnight shall be displayed on the licensee's website and the notice board kept at the local office of the licensee, to be updated on first and sixteenth day of each month.

(5)     The licensee shall, after receipt of application, stipulate a date for inspection of applicant's premises in mutual consultation with the applicant. The date of inspection shall be scheduled within a week from the date of receipt of application.

(6)     During the inspection of the premises, the licensee shall:

(a)      Fix the point of supply and the place where the meter and other equipment shall be installed, in consultation with the consumer.

Provided that the service line shall be laid at an accessible location and the meter shall be fixed outside or at the entry point of the premises in such a manner that it is protected from elements like rain etc. and is easily accessible without getting the premises unlocked or opened for this purpose.

(b)      Correct the full address and mention the landmarks near the premises if required, and note down the pole number from where service connection is proposed to be given.

4.4.3 Issue of demand notice

(1)     If on inspection it is found that it is technically feasible (including the clearance from the transmission licensee, if required) to release the connection, the licensee shall sanction the load determined in accordance with Annexure-I to these Regulations or the load applied for, whichever is higher, and issue a demand notice in writing under acknowledgment within the timeline specified below.

Timeline for issue of Demand Notice

(2)     The demand notice shall include the following details:

(a)      Details of the works (including service line) to be undertaken for providing electric supply.

(b)      Charges to be paid in case the work is to be carried out by the licensee.

(c)      In case the applicant opts to carry out the work at his own cost, he shall get the same carried out through a Licensed Electrical Contractor and pay supervision charges to the licensee. In such case the consumer himself shall procure the material and equipment. The material and equipment shall conform to relevant BIS specifications or its international equivalent and should bear the ISI mark or its successor mark as provided by BIS, wherever applicable. The material procured and the design of the installation shall also conform to the standards and specifications of the distribution/transmission licensee.

Note:- In case of LT connections (other than domestic supply connections), where the transformer has been installed by the consumer and is exclusively for his supply, the transformer if and when required to be replaced/repaired for any reason including theft, shall be so replaced/repaired by sharing equally the cost between the consumer and the licensee except when the damage is due to natural events including cyclone, floods, storms or other occurrences beyond consumer's control, in which case the licensee shall bear the full cost of repair/replacement.

Provided that if the applicant chooses to get the work done at his cost, the licensee shall charge only supervision charges at the rate of 1.5% of the estimated cost of such works as are to be finally handed over to the distribution/transmission licensee or as approved by the Commission.

Provided further that if the applicant chooses to get the work done on his own, he shall get the work done within the timeframe specified under Regulations 4.4.6 and 4.4.7, subject to proviso under Regulations 4.4.4 (5) and 4.4.7, failing which the licensee may, on giving 15 days' notice, treat the application for supply as cancelled.

(d)      The amount of security which includes advance consumption deposit as per rates specified by the Commission from time to time.

 

(e)      Requirement of wiring contractor's test report as required under Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.

 

(f)       Details of agreements to be executed.

 

(g)      An intimation to the applicant that if the compliance of the demand notice is not done by the applicant, within the time specified or extended under Regulation 4.15.2, the demand notice and the application shall lapse.

(3)     The validity period of demand notices for various categories of applicants shall be as mentioned as under Regulation 4.15.2. The licensee's obligation to energize the connection shall arise only after receipt of full payment and all required documents.

(4)     Any excess/deficient payment made by the consumer shall be adjusted in the first two bills.

4.4.4 Inspection and testing of consumer's installation

(1)     On receipt of charges, security and documents as per the demand notice, the licensee shall either test the installation himself or accept the test results submitted by the consumer when the same has been duly signed by the Licensed Electrical Contractor, as required under Regulation 31 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010. The licensee shall maintain a record of test results obtained at each supply point to a consumer.

(2)     If as a result of such inspection and test, the licensee is satisfied that the installation is likely to be dangerous, he shall serve on the applicant a notice in writing requiring him to make such modifications as are necessary to render the installation safe and may refuse to connect or reconnect the supply until the required modifications have been completed.

(3)     Approval by Electrical Inspector: Voltage above which electrical installations will be required to be inspected by the Electrical Inspector before commencement of supply or recommencement after shutdown for six months and above shall be as per the notification issued by the State Government, under sub-section (1) of Section-162 of the Act.

(4)     The Electrical Inspector shall carry out the inspection and testing of the electrical installations before commencement of supply or recommencement after shutdown for six months as per provision under the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.

(5)     The applicant or his authorized representative shall be present during testing by the licensee along with the Licensed Electrical Contractor or his authorized representative who had undertaken the installation.

(6)     The licensee shall ensure that the inspection and testing of the consumer's installation is carried out by the licensee within 5 days in case of Low Tension supply, 15 days in case of 11 KV supply, 20 days in case of 33 KV supply and 25 days in case supply above 33 KV from the date of the receipt of charges, security and documents as per the demand notice.

In case the Electrical Inspector takes longer time than the time limits given above for inspection and testing, the overall time limits shall be deemed to be extended to the extent of such additional time.

Provided that the time taken by the applicant in getting removed the defects/deficiencies found in his electrical installation shall not be included in time line specified above.

4.4.5 The Licensee shall issue the service connection order (SCO) within 5 days in case of Low Tension supply, 11 KV supply and 33 KV supply and within 10 days in case of supply above 33 KV, from the date of receipt of the inspection and testing report.

4.4.6 The licensee/applicant, as the case may be, shall complete the work required for providing electric supply within 10 days in case of Low Tension supply, 30 days in case of 11 KV supply, 45 days in case of 33 KV supply and 100 days in case of supply above 33 KV, from the date of issue of service connection order.

The licensee shall, thereafter, release the connection within 3 days in case of Low Tension supply and 7 days in case of High Tension supply.

4.4.7 The timeline for different activities mentioned under Regulations 4.4.3 to 4.4.6, for different voltage level consumers, are tabulated hereunder:-

Note:- (i) As given under proviso of Regulation 4.4.4 (5), the time limit may get modified to the extent extra time is taken by the Electrical Inspector in inspection and testing of the consumer installation.

(ii) In case, where the applicant fails to complete the work referred in Regulation 4.4.6 within the prescribed period, connection may be released earlier to the next junior applicant(s), whose work has been already completed by the licensee/applicant.

Provided that where the licensee feels that for reasons beyond its control, the work is not likely to be completed within the given time limits, then the licensee shall:-

(1)     If the delay is upto 15 days from the stated time, inform the Commission giving reasons for the delay.

(2)     If the delay is expected to be more than 15 days from the time limit, seek prior approval of the Commission at least 15 days before the expiry of the above stated time limits.

4.4.8 It shall be the responsibility of the licensee to have necessary arrangements with the respective transmission licensee(s) to ensure that the required supply at High Tension above 33 KV is made available within the time frame specified under Regulation 4.4.7 above. Class-I Cities Urban Areas Rural Areas

4.4.9 The licensee shall not be held responsible for the delay in giving supply if the same is on account of problems relating to statutory clearances, right of way, acquisition of land, or the delay in approval by Chief Electrical Inspector for High Tension installations, provided that the licensee has taken steps to give information for seeking approval, as the case may be, for such delay as given in last proviso under Regulation 4.4.7 above.

4.4.10 Nothing contained under Regulation 4 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from so doing by cyclone, floods, storms or other occurrences beyond his control as per Section - 44 of the Act.

4.4.11 In case where a residential area has not been electrified earlier, the licensee if it cannot conveniently extend the electrification to such area, it shall give supply of electricity to such applicants from that area after the said area is included for electrification under any programme of electrification of habitations covered in the investment plan approved by the Commission. The supply shall be extended within the time frame specified in such investment plan approved by the Commission.

4.4.12 The duty to supply on request shall be subject to restriction provided under Section 43 (2) of the Act.

4.5 Procedure for Providing Temporary Supply

4..5.1 Temporary supply shall be given for short-term requirements including construction, dewatering, marriages, religious functions, cultural functions, exhibitions, touring cinemas, theatres and circuses, provided that the said activity/premises is duly authorized by the competent authority, wherever required.

4.5.2 Temporary supply connection shall be granted for a period of up to 3 months at a time, which can be further extended depending upon the requirement. For extension of the period of temporary supply, the procedure detailed in Regulation 4.5.12 shall be applicable.

Provided that in case of construction of buildings (both residential and non-residential), where it would take longer time for completion of the same or other such projects, the temporary supply connection shall be given for a period as under:

The above period shall be extended by six months at a time on the request of the developer if the project/building is not completed by that time.

Provided further that when any part of the building/project has been effectively completed and possession offered to a prospective occupant, then the developer/occupant of such building/portion shall apply for a permanent connection to the licensee within one month from the date of such effective completion/offer of possession. The temporary connection shall be removed three months after the date of such effective completion/offer of possession.

4.5.3 For LT connections, temporary connection may be granted through prepaid meters wherever technically feasible.

4.5.4 The applicant shall apply for temporary supply in the prescribed format along with the documents prescribed in Regulations 4.4.1 (7) to 4.4.1 (11) as well as the authorization from the competent authority, wherever required.

Provided that in case temporary supply is required in premises/place where one hundred or more persons are likely to assemble, applicant shall comply with the provisions of Section 54 of the Act:

Provided further that in case any permit/authorization is withdrawn by the competent authority after energisation of connection, supply shall be disconnected forthwith and shall be reconnected only after the permit/authorization is restored.

4.5.5 The licensee shall process the application mutatis mutandis as per the procedure given in Regulation 4.4.2.

4.5.6 The licensee shall inspect the applicant's premises and examine the technical feasibility of the connection applied for. If the connection is not found technically feasible, the licensee shall inform the applicant in writing within 7 working days for LT and 15 working days for HT connections after receipt of application, giving reason(s) for the same. However, no connection upto 20 KW for domestic supply and upto 10 KW in other cases, shall be refused on technical grounds.

4.5.7 If on inspection/re-inspection the connection is found feasible, the licensee shall sanction the load applied for and issue a demand notice in accordance with Regulation 4.4.3, inclusive of an estimate of advance consumption charges for electricity, within the timeline specified therein.

4.5.8 On receipt of charges, security and documents as per the demand notice, the inspection and testing of the applicant's installation shall be carried out by the licensee in accordance with Regulations 4.4.4 (1) to 4.4.4 (3).

4.5.9 The applicant or his authorized representative shall be present during testing along with the Licensed Electrical Contractor or his authorized representative who had undertaken the installation.

4.5.10 After deposit of estimated cost and advance consumption charges for temporary electricity connection by the applicant, and satisfactory testing of the consumer installation, the temporary connection shall be released by the date of requirement as indicated in the application form, or as per the timeline given below, whichever is later.

Timeline for release of temporary connection

4.5.11 If there are outstanding dues against the applicant or the premises where temporary connection is required, temporary connection shall not be given till such dues are paid by the applicant.

4.5.12 For extension of the period of temporary supply, the consumer shall apply to the licensee in writing at least 7 working days before the date of expiry of temporary supply. The licensee may grant extension within 7 working days of receiving the written request.

4.5.13 After the period of temporary supply is over and supply has been disconnected, the licensee shall prepare the final bill on the basis of actual consumption. Advance consumption deposit, after adjusting unpaid dues, shall be refunded by the licensee. Material security shall also be refunded after deducting any damage to material (meter, transformer, isolator etc) and dismantling charges. Refund of these securities shall be made within 30 days from the date of disconnection, failing which the licensee shall be liable to pay interest equivalent to the State Bank of India base rate as on the 1st of April of the financial year.

4.5.14 The grant of temporary connection does not create a right in favour of the applicant for claiming a permanent connection, which shall be governed by provisions of the Act and Regulations.

4.6 Procedure for Modification/Change in Existing Connection

4.6.1 Application

(1)     The applicant shall apply for modification/change in the existing connection in the prescribed form, on account of the following:

(a)      Change in name of registered consumer due to change in ownership/occupancy.

(b)      Conversion of services/re-classification of consumer category/shifting of meter or service connection in the same premises.

(c)      Load enhancement/reduction.

(2)     Application forms shall be available at the local office of the licensee on payment of prescribed charges.

(3)     The licensee shall also provide alternative avenues for applying for modification in existing connection through website, customer care centers and other technological means, which minimize the applicant's interface with the licensee during the process.

(4)     Application forms for modification/change in existing connection must be accompanied with a photograph of the applicant, identity proof of the applicant, proof of applicant's ownership or legal occupancy over the premises for which change in connection is being sought, proof of applicant's current address and the no dues certificate mentioned in Regulation 4.3.1 or in its absence undertaking to pay outstanding dues of the previous owner and in specific cases, certain other documents as detailed in Regulations 4.4.1 (7) to 4.4.1 (11)

4.6.2 Processing of Applications

(1)     The licensee shall verify the application along with required documents and if found deficient, shall inform the applicant of the same either at the time of receipt of application or within two (2) working days from the date of receipt of application. If the application is complete, the licensee shall acknowledge its receipt.

(2)     An application shall be deemed to be received on the date of receipt of consumer's request for electricity connection in the prescribed application form, complete in all respects including all the required documents and having deposited all applicable charges.

(3)     The licensee shall maintain a permanent record of all applications received in a Service Register/Database. Each application shall be allotted a permanent application number (for identification) serially in the order in which it was received. The licensee shall keep the registers/databases updated with stage-wise status of disposal of each application. The updated status of applications received shall be displayed on the licensee's website and the notice board kept at the local office of the licensee, to be updated on first and sixteenth day of each month.

(4)     In all cases of modification/change in existing connection, a new account number shall be allotted except in case of a request for change in load where the consumer remains in the same tariff category after the change.

4.7 Change in name of registered consumer due to change in ownership/occupancy

4.7.1 A connection may be transferred in the name of another person upon death of the consumer or in case of transfer of the ownership or occupancy of the premises, upon filing an application in the prescribed form.

Provided that such change of name shall not entitle the applicant to shifting of the connection from the present location.

4.7.2 The licensee shall deal with the application in accordance with the procedure detailed below:

(1)     The applicant shall apply for change of consumer's name in the prescribed form, along with a copy of the latest bill duly paid. The request for transfer of connection shall not be accepted unless all dues recoverable against the concerned connection are settled. The application shall be accepted on submitting proof of ownership/occupancy of property. The licensee shall process the application in accordance with Regulation 4.6.2.

Provided that in case of change of connection on account of sale or lease of property, the provision contained under Regulation 4.3.1 shall apply.

(2)     In case of tenancy, no change in connection shall be allowed till the arrears and advance consumption deposit are cleared by the applicant.

(3)     Change of consumer's name shall be effected within two billing cycles after acceptance of application.

4.7.3 The licensee shall deal with applications relating to transfer of connection in the name of legal heir in accordance with the procedure detailed below:

(1)     The applicant shall apply for change of consumer's name in the prescribed form, along with a copy of the latest bill duly paid. The application shall be accepted on submitting the registered will/deed, succession/legal heir certificate, mutation in municipal/land records or any other proof of legal heirship. The licensee shall process the application in accordance with Regulation 4.6.2.

(2)     No change of consumer's name shall be allowed till all the amounts due and in arrears including enhanced advance consumption deposit, if any, are cleared by the applicant. The provision as contained under Regulation 4.3.1 shall also apply.

(3)     The change of consumer's name shall be effected within two billing cycles after acceptance of application.

4.8 Conversion of Services (HT to LT or vice versa, Single Phase to Three Phase or vice versa) without increase in sanctioned load.

4.8.1 The applicant shall apply for conversion of the nature of his existing connection in the prescribed form. The licensee shall process the application in accordance with Regulation 4.6.2. For site inspection and issuance of demand notice for the estimated cost of works, both the licensee and applicant shall follow the procedure and timeline as laid down in Regulations 4.4.2 (5) to 4.4.5. After payment of requisite charges by the applicant and issuance of inspection and testing report, the licensee shall give effect to the application for conversion of existing services from Low Tension to High Tension or vice-versa, and from single-phase to three-phase or vice-versa, within the time limits mentioned under Regulation 4.4.7 subject to provisions mentioned under Regulations 4.4.8 to 4.4.10.

4.8.2 The licensee shall, whenever the above schedule cannot be met, take action as per proviso under Regulation 4.4.7.

4.8.3 Extension/increase in sanctioned load shall require the procedure as of a new connection as mentioned under Regulation 4.4.

4.9 Clubbing of loads in the same premises

4.9.1 Where there is a request for merger of two connections in the same premises, the lower capacity connection shall be disconnected and the capacity of the second connection shall be raised to the level of total load of both the connections. In such case the advance consumption deposit of the disconnected supply shall be adjusted and any additional advance consumption deposit, if required, shall be recovered.

4.9.2 If such up-gradation of one connection is not technically feasible, then both the connections shall be disconnected and a third connection shall be given treating it as a new connection.

4.9.3 In both the cases, any expenditure to be incurred by the licensee shall be borne by the applicant.

4.10 Shifting of Meter/Existing Connection

4.10.1 The applicant shall apply for shifting of the meter/service line in the existing premises in the prescribed form. The licensee shall process the application in accordance with Regulation 4.6.2. For site inspection and issuance of demand notice for the estimated cost of works, both the licensee and applicant shall follow the procedure and timeline as laid down in Regulations 4.4.2 (5) to 4.4.5.

4.10.2 The following time schedule shall be observed for completing the works from the date of payment of charges and issuance of inspection and testing report.

(1)     Shifting of meter/service line: 7 days

(2)     Shifting of LT/HT lines: 20 days

(3)     Shifting of transformer: 30 days

4.11 Reclassification of Consumer Category

4.11.1 If it is found that a consumer has been wrongly classified in a particular category, the licensee may consider reclassifying the consumer under appropriate category. The consumer shall be informed of the proposed reclassification through a notice asking him to file objections, if any, within 30 days. The licensee after due consideration of the consumer's reply, if any, may alter the classification.

4.11.2 If a consumer wishes to change his consumer category, he shall submit an application to the licensee in the prescribed form. The licensee shall process the application in accordance with Regulation 4.6.2. For site inspection and issuance of demand notice for such change and for the cost and charges, if any, both the licensee and applicant shall follow the procedure and timelines as laid down in Regulations 4.4.2 (5) to 4.4.5. The licensee shall also note down the meter reading at the time of inspection. If on inspection the consumer's request for reclassification is found valid, change of category shall be effective from the date of inspection and a written acknowledgment shall be sent to the consumer.

4.11.3 If the licensee does not find the request for reclassification valid, it shall inform the applicant in writing, giving reason(s) for the same, within 10 days from the date of inspection.

4.11.4 For the period in which the consumer's application for reclassification is pending, the consumer shall not be liable for any action on grounds of unauthorized use of electricity. The tariff for this period will be of new category.

4.11.5 In case of any dispute, the matter shall be referred to the Consumer Grievance Redressal Forum.

4.12 Load Enhancement

4.12.1 The applicant shall apply for load enhancement to the licensee in the prescribed format alongwith the following documents.

(1)     Details of alteration/modification/addition of electrical installation with work completion certificate and test report from a Licensed Electrical Contractor.

(2)     Reason(s) for enhancement of sanctioned load/contract demand.

The licensee shall process the application in accordance with Regulation 4.6.2. For site inspection and issuance of demand notice for such change and for the cost and charges, if any, both the licensee and applicant shall follow the procedure and timeline as laid down in Regulations 4.4.2 (5) to 4.4.5.

4.12.2 The licensee's written intimation sent along with the demand notice to the consumer shall cover the following:

(1)     The voltage at which the enhanced load can be given supply.

(2)     Addition or alterations, if any, required to be made to the system and the cost to be borne by the consumer;

(3)     Amount of additional security deposit, cost of additional infrastructure and the system strengthening charges or capacity building charges, if any, to be deposited; and

(4)     Change in classification of the consumer category and applicability of tariff, if required.

4.12.3 The application for enhancement of load shall not be accepted if the consumer is in arrears of payment of the licensee's dues. However, the application may be accepted if such payment of arrears has been stayed by a Court of law or the authority competent to do so.

4.12.4 If the demand notice is accepted by the consumer, then he shall:

(1)     Pay the cost and charges as per the demand notice within the time limit specified in the demand notice.

(2)     Execute a revised Agreement.

4.12.5 Supply to enhanced load shall be provided as per the timeline specified in Regulation 4.4.7.

4.13 Load Reduction

4.13.1 The applicant shall apply for load reduction to the licensee in the prescribed format alongwith the following documents.

(1)     Details of alteration/modification/removal of electrical installation with work completion certificate and test report from a Licensed Electrical Contractor where alteration of installation is involved.

(2)     Reason(s) for reduction of sanctioned load/contract demand.

4.13.2 The licensee shall process the application in accordance with Regulation 4.6.2. For site inspection, both the licensee and applicant shall follow the procedure and timeline as laid down in Regulations 4.4.2 (5) to 4.4.2 (6).

4.13.3 The licensee shall consider the grounds stated in the application for reduction of load, verify the same during inspection and decide the application within a period of 10 working days from inspection.

4.13.4 If the licensee sanctions the reduced load he shall issue a demand notice to the consumer indicating the cost and charges to be paid, if any, in accordance with the timeline specified in Regulation 4.4.3 and thereafter both the licensee and applicant shall follow the procedure and timelines as laid down in Regulations 4.4.3 (2) to 4.4.6.

4.13.5 Supply of reduced load shall be provided as per the timeline specified under Regulation 4.4.7.

4.14 Execution of Agreement

4.14.1 The licensee shall ask the applicant to execute an agreement for obtaining new connection, for change of name, and for enhancement or reduction of sanctioned load/contract demand before commencement of supply.

4.14.2 The format of the agreement form shall be supplied by the licensee along with application form and shall also be available on the licensee's website for download.

4.14.3 The agreement shall include the following:

(1)     Name and address of the consumer/applicant;

(2)     Address of the premises for which electricity supply has been requisitioned and for which the agreement is being executed;

(3)     Load applied/sanctioned load/contract demand;

(4)     Purpose of usage of electricity;

(5)     Declaration by the applicant/consumer including the following. 

(i)       To abide by provisions of the Act and these Regulations.

(ii)      To pay for the supply of electricity based on the prevailing tariff rates;

(iii)     To pay for all other charges payable in accordance with these Regulations and the Schedule of Miscellaneous Charges of the licensee approved by the Commission from time to time;

(iv)    To deposit such security money as the licensee may be entitled to recover from him under the Act and these Regulations.

(6)     The agreement in the prescribed format shall be exercised on non judicial stamp paper of value as prescribed by law for such agreement.

4.14.4 A copy of the agreement executed shall be given to the consumer/applicant.

4.15 General Conditions of Supply

4.15.1 Connected Load

The method of determination of connected load is given in Annexure - I to these Regulations.

4.15.2 Demand Notice

(1)     The demand notices would be issued by the licensee as per the seniority list of the applicants maintained by the licensee for different categories of consumers. Separate seniority list would be maintained for each category of connections.

(2)     The demand notice shall be prepared as per the provisions of these Regulations and on the basis of charges approved by the Commission from time to time. The demand notice, once issued for an applicant, shall be valid for two months in case of LT connections and three months in case of HT connections and AP connections.

(3)     Extension in validity period of a demand notice shall be accorded if the applicant applies for extension in validity before expiry of the due date. The licensee shall accord extension in validity period of a demand notice after charging the fee as detailed below.

The extension in validity period of the demand notice shall be accorded by the same authority as is competent for issue of demand notice.

(4)     At a given time, the demand notice shall be issued based upon the spare capacity available at feeding substation from which a particular connection is to be given supply and the material available with the licensee. The additional capacity in the offing and expected to be added during the validity of the demand notices shall be accounted for while issuing the demand notices.

Provided that the demand notice for a load upto 20 KW for domestic supply connections and upto 10 KW in other cases, shall invariably be issued on turn of the applicant.

(5)     In cases, where there is capacity constraint and the connection cannot be released immediately, the applicant would be suitably informed and asked to wait till such time the capacity to meet with his load demand is available with the licensee. The period by which the demand notice is likely to be issued shall also be informed to the applicant.

Provided that the details of such applicants including place of connection, load applied for and constraint for issue of demand notice, likely date by which demand notice shall be issued, shall be put on the website of the licensee and shall be removed only after the demand notice has been issued to the applicant.

(6)     As per seniority list of a particular category of connections, if the demand notice of an applicant cannot be released owing to capacity constraint at the feeding station but connection to applicant(s) junior to him can be released because of feeding source being different and where spare capacity is available, the demand notice(s) to such applicant(s) shall be issued under proper intimation to such senior applicant. As soon as the capacity constraint is removed, such senior applicant shall be placed above any other applicant(s).

(7)     After issue of demand notices, the seniority list of applicants in each category of connections would be prepared in the order in which the complete documents/charges as mentioned in the demand notices are received by the licensee.

(8)     In cases, where an applicant does not comply with the conditions of the demand notice within the validity period of the demand notice, his application would stand cancelled and demand notice would be issued to the next applicant in line.

4.15.3 Point of Supply

(1)     Supply shall be given at a single point in the premises of the applicant. The point of supply shall be determined by the licensee such that meter and other equipment are fixed either outside or at the entry point to the premises so that these are always accessible to the licensee for inspection without obstruction and infringing upon the consumer's privacy. All HT consumers shall ensure independent access to the meter or metering cubical.

(2)     At the point of commencement of supply, the consumer shall provide a main switch/circuit breaker. In addition, HT consumers shall also provide suitable protective devices as per the provisions of Regulation 35 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.

(3)     HT consumers shall install step-down transformers with a vector group with delta winding on the high voltage side and star winding on the low voltage side, with the neutral terminal brought out and properly earthed as per the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010.

(4)     The equipment including meter, meter board, service main, miniature circuit breaker (MCB)/circuit breaker (CB), load limiters must on no account be handled or removed by any person who is not an authorized employee/representative of the licensee. Seals which are fixed on the meters/metering equipment, load limiters and the licensee's apparatus, must on no account be tampered with, damaged or broken. It is the consumer's responsibility to keep in safe custody the licensee's equipment and seals on the meters/metering equipment within the consumer's premises or at the entry point.

(5)     In the event of any damage caused to the licensee's equipment, other than meter, within the consumer's premises or at the entry point by reason of any act, neglect or default of the consumer or his employees, the cost thereof, as claimed by the licensee, shall be payable by the consumer. If the consumer fails to do so after demand, it shall be treated as a contravention of the terms and conditions of supply agreement and the electricity supply is liable to be disconnected.

Damage to the meter shall be dealt with as per Regulation 5.3.1 (2).

4.15.4 Security Deposit

(1)     A security deposit shall be made by all the consumers to cover:

(a)      The estimated power consumption for two billing cycles (Advance consumption deposit).

Initially the applicant shall deposit the consumption security at the flat rates as mentioned in the HERC (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply & Power to require security) Regulations, 2005 or its subsequent amendments. Subsequently the security shall be revised annually as per the procedure defined under Regulation 4.15.6 (1).

(b)      The cost of meter and metering equipment that is to be provided for supplying electricity to a premises.

(2)     In case of enhancement of load, only additional security to cover the additional consumption shall need to be deposited, estimated as per the methodology given under Regulation 4.15.6 (1).

(3)     As stated under Regulation 4.15.4 (1), the security deposit shall be revised annually as per the procedure defined in under Regulation 4.15.6 (1). Any excess/deficient amount shall be adjusted within two subsequent bills of the consumer.

(4)     The security deposit shall be returned to consumer upon termination of Agreement within 30 days of adjustment of all dues. In case of delay, interest equivalent to the State Bank of India base rate as on the 1st of April of the financial year shall be payable to the consumer.

4.15.5 Interest on Security Deposit

The licensee shall pay interest to the consumer at the Bank rate or more as specified by the Commission payable annually on the consumer's security deposit. The interest accrued during the year shall be adjusted in the consumer's bill for the first billing cycle of the ensuing financial year. The Bank rate shall be calculated by taking average of the Bank rate as on first day and last day of the financial year for which the interest has to be paid.

4.15.6 Review of Security Deposit

(1)     At the beginning of the financial year, the licensee shall review the consumption pattern of the consumer for the adequacy of the security deposit from April to March of the previous year. Consumer is required to maintain a sum equivalent to his average payment for the period of two billing cycles, where 'average payment' shall be equal to the average of actual bills paid in the last financial year:

Provided that for a consumer whose electricity connection is less than one year old, the security deposit shall not be revised at the beginning of the ensuing financial year.

(2)     The security deposit available with the licensee in respect of each consumer shall be shown in the bill issued to the consumer. Refund of excess security to the consumer by the licensee, as and when arises, shall be made by way of adjustment in subsequent energy bills showing negative amount where necessary.

4.15.7 Mode of Payment of Charges

The payment of the bill shall be made at the specified local collection centers of the licensee on any working day during prescribed hours, or through any other facilities including banks, post offices, collection drop boxes, Electronic Clearing System (ECS), RTGS, internet, as may be provided by the licensee.

4.16 General Provisions Regarding Service Line and Apparatus

4.16.1 The consumer shall provide space of requisite dimensions at or near the entry point to the premises, free of charge, for erection/installation of that part of service line, transformers, switch gear, meter and all other apparatus that may fall within his premises up to the point of commencement of supply. The whole of service line and other apparatus shall be deemed to be the property of the licensee and shall remain under licensee's control.

4.16.2 Unless provided otherwise in any other Regulation issued by the Commission, the licensee may use the service line and other apparatus to give supply to other consumers provided that the supply to the consumer who has paid for these or has provided space is not affected adversely. Further, even if the supply to the consumer who has paid for the line/apparatus is disconnected for whatever reason, the consumer shall permit the licensee continued access to the service line and other apparatus if they are required to give supply to other consumers, and no payment shall be due to the consumer for such access/facility, until alternate arrangements are made. However, it is expressly provided that the licensee shall make all possible efforts to make alternate arrangements as early as may be practicably possible. For this purpose, the licensee may explore a mutually acceptable arrangement for continuation of the installation at the existing place.

Regulation - 5. Metering.

5.1 Requirement of Meters

5.1.1 No installation shall be serviced without a meter except such existing agriculture connections which are un-metered and have to be metered gradually as per provision of the Act. All meters including consumer meter, meter for energy audit and interface meter shall conform to requirements as laid down in the Central Electricity Authority (Installation & Operation of Meters) Regulations, 2006 and its subsequent amendments, issued under Section 55 of the Act.

5.1.2 Miniature Circuit Breakers (MCBs) for LT loads and Circuit Breakers (CBs) for HT loads of appropriate rating and specifications shall be installed along with the meter.

5.1.3 At the time of seeking a new connection the consumer shall have the option to either:

(1)     Purchase the meter, MCB/CB and associated equipment himself from a vendor(s) provided that the equipment is of a make and specification approved by the licensee from time-to-time; or

(2)     He may opt that the meter, MCB/CB and associated equipment be supplied by the licensee.

The consumer shall indicate this option in his application and in case he chooses to purchase his own meter and equipment, the licensee shall supply him the list of approved vendors and makes. Once the consumer has procured the meter and equipment, the licensee shall arrange testing, installation and sealing of the meter and equipment.

The licensee shall make available on its website an updated list of vendors, makes and specifications of meters and other equipment, as approved by the licensee.

5.1.4 The meters for new connections shall be static and of following type(s):

(1)     For LT connections - single phase/three phase meters with MDI facility.

(2)     For HT connections - three phase meters capable of recording all types of energy with MDI facility.

(3)     In a situation where the licensee is facing problems in collection of energy dues, the licensee may install pre-paid meters. These meters shall also conform to the technical requirements as prescribed in Central Electricity Authority (Installation and Operation of meters) Regulations, 2006 and its subsequent amendments.

(4)     The distribution licensee shall make out a plan for introduction and adoption of new technologies such as pre-paid meters, time of the day (TOD)/frequency based tariff (FBT) meters, automatic remote meter reading system through appropriate communication system with the approval of the Commission.

5.1.5 If supply is provided by the licensee to different categories of consumers in the same premises, separate meter(s) of appropriate category shall be installed for measurement of energy for each such category.

5.1.6 Metering arrangement for consumers on independent feeder shall be as per provision in the Haryana Electricity Regulatory Commission (Duty to supply electricity on request, Power to recover expenditure incurred in providing supply & Power to require security) Regulations, 2005 or amended from time to time.

5.2 Supply and Installation of Meters and MCBs/CBs

5.2.1 LT and HT consumers, if they opt for procurement of meter and related apparatus, shall provide a weatherproof enclosure with locking and sealing arrangements of a design approved by the licensee to house the metering equipment including CTs and PTs. In other cases, these shall be included in the estimate and provided by the licensee.

5.2.2 If the meter is supplied by the licensee, the licensee shall be entitled to charge an amount as meter security which shall be recovered as part of the demand notice. In addition, the licensee shall charge meter rental with every bill at the rate approved by the Commission. In case of connections where the meter has been procured by the consumer, no security and meter rental shall be charged from the consumer.

5.2.3 The consumer meter shall be installed by the licensee either at the entry point or outside the premises:

Provided that where the licensee installs the consumer meter outside the premises of the consumer then the licensee on a request from consumer shall provide at the cost of the consumer a real time display unit at the premises of the consumer for his information to indicate the electricity consumed by the consumer.

5.2.4 The location of meter and height of meter display from floor level shall be as per Indian Standard on Testing, Evaluation, Installation and Maintenance of ac Electricity Meters - Code of Practice.

5.2.5 For outdoor installations, the meters shall be protected by appropriate enclosure of level of protection specified in the Indian Standard on Testing, Evaluation, Installation and Maintenance of ac electricity Meters - Code of Practice.

Meters installed outside the consumer premises shall be housed in weather proof cupboard or meter pillar box.

5.2.6 In case of multi-storeyed buildings, the meter(s) shall be installed on the ground floor/rising mains having proper air ventilation and adequate illumination.

5.2.7 The licensee shall evolve a format of Meter Particulars Sheet for recording the particulars of the meter including initial reading at the time of initial installation or replacement. The licensee shall retain one copy and the second copy, duly signed by the authorized representative of the licensee, shall be given to the consumer under proper acknowledgment. The consumer or his authorized representative shall also sign the Meter Particulars sheet. Subsequently, details including any fault in the meter, repairs and replacements shall be entered into the Meter Particulars Sheet by the licensee.

5.2.8 Whenever a new meter is installed (for a new connection or as a replacement) it shall be sealed in the presence of the consumer. The seal, name plates and distinguishing numbers or marks affixed on the said meter or apparatus shall not in any way be broken, erased or altered by the consumer. Sealing arrangements of meter shall be in accordance with the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 and all subsequent amendments.

5.3 Safety of Meters

5.3.1 (1) The consumer shall, as far as circumstances permit, take precautions for the safety of the consumer meter, MCB/CB and other apparatus installed in his premises. The consumer shall promptly notify the licensee about any fault, accident or problem noticed with the meter or other apparatus installed for the purpose of supplying him the electricity.

(2) The consumer shall be deemed to be responsible alongwith the licensee for proper functioning and upkeep of the meter. In case the meter is installed inside the consumer premises or at the entry point and the same is found physically damaged by human intervention, the consumer shall bear the cost of its replacement. However, if the meter is placed outside the consumer's premises, the consumer shall bear half the cost of its replacement. In case of meter placed at the substation, the entire cost of replacement shall be borne by the licensee.

5.3.2 The licensee shall monitor the consumption pattern of the consumer and get the meter checked where ever considered necessary to ensure that the meter is in proper working order.

5.4 Reading of Meters

5.4.1 The licensee shall have unhindered access to the meter at all times. The meter shall be read once in every billing cycle and the consumer shall extend all facilities to the licensee to read the meter.

5.4.2 The licensee shall issue proper photo identity card to all its meter readers and meter readers shall carry the photo identity card during the course of visit to consumer's premises.

5.4.3 The licensee may provide meter reading and bill generation through alternative technologies including meter reading instrument (MRI), automatic remote meter reading system through appropriate communication system, on the spot generation of bill at consumer premises and any technology which may emerge in future for these purposes.

5.4.4 It shall be the duty of the meter reader to check the condition of LEDs (light emitting diodes) on electronic meters. In case the earth leakage LED indicator provided on electronic meter is found to be 'ON', he shall inform the consumer that there is leakage in the premises and advise the consumer to get the wiring checked and leakage removed. The meter reader shall also inform the officials concerned of the licensee about the leakage.

5.4.5 The meter reader shall also check the status of the meter seals and the opacity of the meter glass. Status of the meter and its seals, along with the meter reading details for last six billing cycles of each consumer, shall be indicated in the bill and also made available on the licensee's website.

5.4.6 In case, for any reason, the meter is not read during a billing cycle, the licensee shall prepare a provisional bill in the manner as prescribed under Regulation 6.9. Such provisional billing shall not continue for more than two billing cycles at a stretch.

5.4.7 The provisional bill shall indicate the reasons and act as a notice including direction to the consumer regarding the steps to be taken by him.

5.4.8 If meter is not made accessible even on the specified date, a notice shall be served on the consumer, if available, or affixed near the main entrance of the premises, to contact the licensee to get his meter read, within the next 7 days. Failing this, his supply shall be disconnected.

5.4.9 The provisions of Regulations 5.4.7 and 5.4.8 shall not apply in case of a domestic consumer who has given an advance intimation to the licensee of the inaccessibility of his meter for reading due to the consumer being out of station and has also deposited an advance payment in accordance with Regulation 6.5.

5.4.10 When a domestic consumer gives prior information in writing about inaccessibility of the meter to the licensee due to continued absence from residence, the licensee shall not send any notice/provisional bill to the consumer provided that the consumer pays the minimum/fixed charges for such period in advance. Whenever the meter is made accessible by the consumer for taking the meter reading, the entire consumption shall be taken as if the consumption was for the period excluding the intimated period of inaccessibility.

5.4.11 If a consumer desires to have a special reading taken, the same shall be arranged by the licensee within two working days of the request and the charges, if any, shall be included in the next bill of the consumer.

5.5 Testing of Meters (before installation/periodical)

5.5.1 It shall be the licensee's responsibility to satisfy itself regarding the accuracy of the meter before it is installed and the licensee may test them for this purpose. The licensee shall conduct periodical inspection/testing and calibration of the meters as specified by the Central Electricity Authority (Installation & Operation of Meters) Regulations, 2006 and its subsequent amendments.

5.5.2 The licensee shall conduct periodical inspection/testing of the meters as per the following schedule:

Wherever applicable, CT and PT shall also be tested along with meters

5.5.3 Test results shall be maintained as per the format prescribed by the licensee. The results of periodical inspection/testing shall also be conveyed to the consumer.

5.6 Testing of Defective Meters

5.6.1 The licensee shall have the right to test any meter and related equipment if there is a reasonable doubt about accuracy of the meter. The consumer shall provide the licensee necessary assistance in conduct of the test. The licensee may check the meter in-situ by putting a check meter in series or otherwise. If required, the licensee may temporarily replace the meter and take it away for testing.

5.6.2 A consumer may request the licensee to test the meter if he doubts its accuracy, by applying to the licensee along with requisite testing fee. On receipt of such request, the licensee shall follow the procedure as detailed in Regulations 5.6.3 to 5.6.8.

5.6.3 On receipt of such request, the licensee shall inspect and check the correctness of the meter within 7 working days of receiving the request.

5.6.4 The licensee shall check the meter in-situ by putting a check meter in series or otherwise.

5.6.5 In case the consumer is not satisfied with in-situ check of the meter, he may request the licensee to test the meter at the licensee's laboratory or at a third party facility approved by the Commission. The list of third party agencies approved by the licensee/Commission, for testing of meters, shall be available on the website of the licensee

5.6.6 For testing of the meter at the laboratory, the licensee shall give advance notice to the consumer intimating the date, time and place of testing so that the consumer or his authorized representative may be present at the time of testing.

5.6.7 The consumer or his authorized representative present during testing will sign the test report as a token of witness. In case the consumer or his authorized representative is not present, the licensee's representative and the testing laboratory official shall sign on the test report.

Provided further that if on testing, the meter is found to be defective due to technical reasons attributable to the licensee including voltage fluctuation, transients, the licensee shall refund the testing fee to the consumer by adjustment in the subsequent bill.

5.6.8 The licensee shall dispatch the test report to the consumer, to be received under acknowledgment, within a week of the date of testing.

5.6.9 If a consumer disputes the results of testing, he may appeal to the Consumer Grievance Redressal Forum (CGRF) which shall adjudicate upon the matter.

5.7 Cost of Replacement of Defective/Burnt/Lost Meters

5.7.1 The defective/burnt meter will be inspected and tested by the licensee.

5.7.2 If, as a result of testing it is established that the meter became defective/burnt due to technical reasons including voltage fluctuation, transients, attributable to the licensee or due to natural events including rain, cyclone, floods, storms, earthquakes, the cost of the meter shall be borne by the licensee i.e. the meter shall be replaced by the licensee free of cost.

5.7.3 If, as a result of testing, it is established that the meter was rendered defective/burnt due to reasons attributable to the consumer including defect in consumer installation, connection of unauthorized load by the consumer, the cost of the meter shall be borne by the consumer as specified below:-

(a)      If the meter was owned by the consumer, the licensee shall inform the consumer to provide a new meter and associated equipment for testing within 7 days, after which the licensee shall install new meter at its own cost and start charging meter rent besides deposit of meter security if any

(b)      If the meter was owned by the licensee, the licensee shall install a new meter at its own cost and shall recover the replacement cost of the defective meter from the consumer:

Provided that if, as a result of testing, it is established that the meter was rendered defective/burnt due to tampering or any other deliberate act by the consumer to interfere with the meter, action as permissible under law shall also be taken against the consumer for pilferage and tampering.

5.7.4 If a consumer disputes the results of testing, the meter shall be tested at a third party facility selected by the consumer from the list of third party testing facility approved by the licensee/Commission.

Provided that in case of testing on the consumer's request, the consumer shall have to pay the prescribed testing fee.

Provided further that if the meter is found to be defective/burnt due to technical reasons attributable to the licensee including voltage fluctuation, transients, the licensee shall refund the testing fee to the consumer by adjustment in the subsequent bill.

5.7.5 In case of theft of meter, if it was installed inside the consumer premises or at the entry point, the cost of new meter and other apparatus shall be borne by the consumer. If, however, the meter was installed outside the premises, half of the cost of replacement shall be borne by the consumer and rest by the licensee. If the meter was at the sub-station, the entire cost of replacement shall be borne by the licensee.

5.8 Restoration of Supply in case of Burnt Meters

(a)      For LT supply consumers

In case a meter is found burnt either on consumer's complaint or upon inspection by the licensee, the licensee shall restore the supply within 24 hours by providing a tested meter. If it is not possible to provide a tested meter immediately, then direct supply shall be given within 24 hours and the consumer shall be charged for the period of direct supply on average basis. The licensee shall ensure that the direct supply shall not continue for more than 72 hours and within this period a tested meter shall be installed.

(b)      For HT supply consumers

Direct supply shall not under any circumstances be provided to HT supply consumers.

Regulation - 6. Billing.

6.1 General

6.1.1 The periodicity of the meter reading/billing for various categories of consumers shall be as below.

6.1.2 The consumer shall be informed, at the time of releasing the connection, the periodicity of billing for his service, date in the calendar month when his meter will be read, bill issue date in the calendar month and due date for payment in the calendar month. It shall be obligatory on the part of licensee to take meter reading of a consumer within four days of the prescribed date.

(a)      The bill issue date shall be the date of meter reading for spot billing system and in other cases it shall be within one week from the date of the meter reading.

(b)      The bill shall be served to a consumer immediately after the meter reading in case of spot billing system and in other cases within a period of one week from the bill issue date.

If any consumer contests that he did not receive the bill within a period of one week from the bill issue date, the burden of proving that the bill was delivered during the said period of one week shall be on the licensee. In case the licensee cannot discharge this burden, the payment period shall start from the date the consumer contests that he received the bill.

(c)      The licensee shall obtain acknowledgement of receipt of bill from the consumer as far as possible but it is a must in case of HT connections.

6.1.3 Bills shall be sent to the consumers, other than HT category, either by post or by hand delivery or by electronic mail and in case of HT consumers, by hand delivery or by electronic mail. However, in case of hand delivery, proof of service of the bill in case of HT connections shall be maintained at the revenue office concerned of the licensee. It shall be the responsibility of the licensee to ensure prompt delivery of bills to the consumer. However, if the consumer does not receive the bill within 10 days from the bill issue date, he should contact the revenue office concerned to obtain a duplicate copy of the bill.

The licensee shall also arrange, as far as possible, to intimate the amount of bill and the last date of payment of bill, to such consumers who have provided the details of their mobile number/e-mail id, through SMS/E-mail. The licensee may also switch over to issue of e-bills in a phased manner and go paperless.

6.1.4 The first bill of a new connection shall be issued by the licensee along with the bills of next billing cycle of the area. In case, the consumer does not receive the first bill by this time, he may report to the designated officer of the licensee who shall arrange for issue of the bill within next seven (7) days failing which the consumer shall not be penalized in any way for the delay.

6.2 Change of occupancy/vacancy of premises

(a)      It shall be the responsibility of the consumer to get a special reading done by the licensee at the time of change of occupancy or on the premises falling vacant.

 

(b)      The consumer may request in writing to the licensee for special reading at least seven (7) days in advance of the said vacancy of the premises by the existing user or change of the occupancy, as the case may be.

 

(c)      The licensee shall arrange a special reading to be done and deliver the final bill, including all arrears till the date of billing, at least two (2) days before the vacancy of the premises. The final bill shall also include payment for the period between the date of special reading and indicated date of vacancy of premises on pro-rata basis.

 

(d)      Once the final bill is raised, the licensee shall not have any right to recover any charge(s), other than those in the final bill, for any cycle prior to the date of such bill.

 

(e)      The licensee may charge reasonable fee for the above service, subject to the approval by the Commission.

6.3 Information to be printed on the Bill

6.3.1 The following information shall be printed on the body of the bill in case of LT connections:

(1)     Bill Number, Cycle Number and Group Number

 

(2)     Date of the bill

 

(3)     Name, address and Account Number of the consumer

 

(4)     Name of Sub-division

 

(5)     Type of supply (i.e. single phase, three-phase LT)

 

(6)     Sanctioned load

 

(7)     Category of consumer (i.e. domestic, non-domestic etc.)

 

(8)     Status of meter (OK/defective/burnt/missing/premises locked etc.)

 

(9)     Meter number and meter make. - In case replacement of energy meter is involved during the billing cycle, the meter numbers of old and the new meters, date of replacement, final reading of old meter and initial reading of new meter at the time of replacing the meter shall also be indicated on the bill.

 

(10)   Billing cycle

 

(11)   Initial meter reading of the billing period/cycle with date

 

(12)   Final meter reading of the billing period/cycle with date

 

(13)   Number of units consumed during the billing cycle or attributed to unmetered connection

 

(14)   Energy/Monthly Minimum Charges

 

(15)   Fixed charges

 

(16)   Rentals-meter & equipment

 

(17)   Capacitor surcharge for AP connections & LT industries

 

(18)   Electricity Duty (ED)

 

(19)   Municipality Tax (MT)

 

(20)   FSA (Fuel Surcharge Adjustment) charges

 

(21)   Reliability Charge

 

(22)   Date from which bill on average and reason for it

 

(23)   Interest on installments due

 

(24)   Maximum demand recorded during the billing period (where applicable and the consumer has been provided with MDI facility on the meter)

 

(25)   Arrears with breakup of each component and additional charge for delayed payment of preceding financial year.

 

(26)   Arrears with breakup of each component and additional charge for delayed payment of current financial year.

 

(27)   Others (sundry charges) with brief details

 

(28)   Total amount due

 

(29)   Adjustment

 

(30)   Net amount payable by due date (rounded off)

 

(31)   Surcharge for delayed payment

 

(32)   Amount payable after due date (rounded off)

 

(33)   Due date for payment

 

(34)   Security deposit and interest paid thereon (once in a year in the month of April)

 

(35)   Interest paid on advance payment of bill

 

(36)   Applicable tariff on the date of billing

 

(37)   Mode of payment

 

(38)   Amount, date and bill receipt number of the last payment received

 

(39)   Details of bills for last six billing cycles

 

(40)   In case of cheques and bank drafts, the receiving authority in whose favour the amount should be paid

 

(41)   Notice under Section 56 of the Electricity Act 2003(for defaulters only and for others it may be treated as information)

 

(42)   Area specific information:

The following information would be provided to the consumer as an attachment to the bill or as stamped on the bill or printed on the reverse of the bill.

(a)      The name(s)/address(s) of collection centers and working hours for collection of bills.

 

(b)      Designation/address and telephone number(s) of the authority with whom grievance pertaining to bills can be lodged.

 

(c)      Address(es) and telephone number(s) of Complaint centers.

 

(d)      Address and telephone numbers of the Consumer Grievances Redressal Forum and the Ombudsman constituted under Section 42 of the Act.

 

(e)      Advertisement relating to energy conservation/other matter, if any.

6.3.2 The following information shall be printed on the body of the bill in case of HT connections:

(1)     Bill Number, Cycle Number and Group Number

(2)     Date of the bill

(3)     Name, address and Account Number of the consumer

(4)     Name of Sub-division

 

(5)     Type of supply (i.e. HT)

 

(6)     Contract demand

 

(7)     Sanctioned load

 

(8)     Category of consumer

 

(9)     Status of meter (OK/defective/burnt/missing/premises locked etc.)

 

(10)   Meter Number and meter make. - In case replacement of energy meter is involved during the billing cycle, the meter numbers of old and the new meters, date of replacement, final reading of old meter and initial reading of new meter at the time of replacing the meter shall also be indicated on the bill.

 

(11)   Multiplying factor of the meter

 

(12)   Billing cycle

 

(13)   Initial meter reading of the billing period/cycle with date

 

(14)   Final meter reading of the billing period/cycle with date

 

(15)   Number of units consumed during the billing cycle or attributed to unmetered connection

 

(16)   Energy/Monthly Minimum Charges

 

(17)   Fixed charges

 

(18)   Rentals-meter & equipment

 

(19)   Electricity Duty (ED)

 

(20)   Municipality Tax (MT)

 

(21)   FSA (Fuel Surcharge Adjustment) charges

 

(22)   Peak load exemption charges

 

(23)   Reliability Charge

 

(24)   Date from which bill on average and reason for it

 

(25)   Interest on installments due

 

(26)   Maximum demand recorded during the billing period

 

(27)   Arrears with breakup of each component and additional charge for delayed payment of preceding financial year.

 

(28)   Arrears with breakup of each component and additional charge for delayed payment of current financial year.

 

(29)   Others (sundry charges) with brief details

 

(30)   Total amount due

 

(31)   Adjustment

 

(32)   Net amount payable by due date (rounded off)

 

(33)   Surcharge for delayed payment

 

(34)   Amount payable after due date (rounded off)

 

(35)   Due date for payment

 

(36)   Security deposit and interest paid thereon (once in a year in the month of April)

 

(37)   Interest paid on advance payment of bill

 

(38)   Applicable tariff on the date of billing

 

(39)   Mode of payment

 

(40)   Amount, date and bill receipt number of the last payment received

 

(41)   Details of bills for last billing cycles

 

(42)   In case of cheques and bank drafts, the receiving authority in whose favour the amount should be drawn

 

(43)   Notice under Section 56 of the Electricity Act 2003(for defaulters only and for others it may be treated as information)

 

(44)   Area specific information:

The following information would be provided to the consumer as an attachment to the bill or as stamped on the bill or printed on the reverse of the bill.

(a)      The name(s)/address(s) of collection centers and working hours for collection of bills.

(b)      Designation/address and telephone number(s) of the authority with whom grievance pertaining to bills can be lodged.

(c)      Address(es) and telephone number(s) of Complaint centers.

(d)      Address and telephone numbers of the Consumer Grievances Redressal Forum and the Ombudsman constituted under Section 42 of the Act.

(e)      Advertisement relating to energy conservation/other matter, if any.

6.3.3 No bill issued by the licensee shall be sustainable unless it depicts the details of the amount charged.

6.4 Payment of Electricity Bill

6.4.1 The due date of payment of the billed amount (as mentioned in the bill) will be as under.

6.4.2 If due date indicated in the bill for payment of the amount is a Sunday or a Public Holiday, the next working day shall be treated as the due date.

6.4.3 The payment of the bills shall normally be made at the specified local collection centers of the licensee on any working day during prescribed hours, or through any other facilities including banks, post offices, collection drop boxes, electronic clearing system (ECS), RTGS, online payment, as may be provided by the licensee.

6.4.4 The licensee may specify any collection centre(s) for making payment for a group of consumers in addition to the revenue office concerned of the licensee, where arrangement shall be made by licensee to accept payment of bills both by cash and demand draft/cheque or in any other manner. Cash payment upto ? 10,000/- shall not be refused. Cheques/demand drafts of any amount shall be accepted without any lower limit.

6.4.5 In case a consumer makes payment of his bill at the specified collection centers, he shall normally present his bill at the time of payment. However, in case the consumer is unable to present his bill due to non-receipt of the same or any other reason, the payment shall be accepted in case the consumer tells his account number and his bill details are available with the person accepting the payment. In other cases, if the consumer asks for a duplicate bill it shall either be issued on the spot or otherwise supplied within three (3) days of receipt of his request in writing in the office of issue. Non-receipt of the bill shall not entitle the consumer to delay the payment beyond the due date.

6.4.6 The licensee and other authorized collections centers shall issue a receipt to the consumer for the payment of electricity bills made by way of cash or personal cheques/demand draft/banker's cheque drawn on any scheduled local bank or any other mode allowed by the licensee. Bank certificate that money has been transferred to licensee's account is sufficient proof of payment.

In case payment is made through online payment facility provided by the licensee, the receipt of same shall be generated immediately and the consumer should be able to take a print thereof.

6.4.7 In case a cheque issued by a consumer is dishonored, the consumer shall be informed immediately and asked to make alternate payment. In such cases, if a fresh payment by cash or demand draft is not received within one week of the consumer being informed about dishonoring of his cheque, then action as below shall be taken against the consumer.

(1)     If the cheque is dishonored because of insufficient balance or because the consumer has asked the bank to stop payment, a penalty @ 1% of the bill amount per day, from the due date of payment of bill by cheque till the payment is fully realized, shall be levied.

(2)     If the check is returned by the bank for any other reason, a penalty @ of 10% of the bill amount or ? 1000/-, whichever is lower, shall be levied.

(3)     (a) The above penalties shall be in addition to usual surcharge on the unpaid bills.

(b) These penalties shall continue only for a period of two weeks from the date the consumer was informed about dishonoring of the cheque, after which the supply shall be disconnected.

(c) In case where the consumer does not pay the bill even two weeks after being informed about dishonoring of the cheque, the licensee, in addition to taking steps for recovery of the bill and surcharge, also proceed against the consumer under relevant provisions of law regarding dishonour of the cheque.

6.5 Advance payment of anticipated bill by consumer

The consumer shall have the facility to make advance payment towards the consumption charges and require the licensee to adjust the amount against bills that may be raised by the licensee from time to time. Such advance payment shall attract interest at the saving bank rate of State Bank of India as on 31st March of the previous financial year. The credit for the interest shall be given when the advance paid is reduced to zero or on 31st March whichever is earlier.

6.6 Surcharge for delayed payment of bills

In case the consumers do not pay the bill by the due date mentioned in the bill, surcharge for delayed payment of bill shall apply as per tariff orders issued by the commission from time to time.

6.7 Adjustment of amount paid

The amount paid by the consumer including the advance payment shall first be adjusted as per the priorities stated hereunder:

(a)      Arrears as on 31st March of previous financial year

(b)      Arrears accrued from 1st April of the current financial year till the date of bill

(c)      Consumption charges of current billing cycle.

6.8 Payment in Installments

(1)     The current bill shall have to be paid by the consumer in full by due date.

 

(2)     If the bill includes surcharge for the delay in payment of current bill, the licensee shall accept payment of the current bill if the consumer pleads inability to pay surcharge at the same time. The surcharge shall be recovered in the next bill.

 

(3)     In case the current bill includes past arrears, such arrears can be received in installments as per the following, provided the current bill is paid.

(a)      If the arrears are less than average amount chargeable for two billing cycles - two installments.

 

(b)      If the arrears are more than average amount chargeable for two billing cycles but less than four billing cycles - three installments.

 

(c)      If the arrears are more than average amount chargeable for four billing cycles but less than six billing cycles - four installments.

 

(d)      If the arrears are more than average amount chargeable for six billing cycles and above - five installments.

(4)     The SDO concerned shall allow installments as above on a request from a consumer.

(5)     Grant of installment facility shall not affect the liability of the consumer to pay surcharge for delayed payment as per tariff notifications issued from time to time, till full clearance of arrears.

(6)     If at any time, the consumer does not pay the current bill and the installment, the installment facility shall be withdrawn forthwith and he shall be liable for disconnection.

6.9 Procedure for billing under special circumstances

6.9.1 Billing in case of defective/sticky/dead stop/burnt meter

(1)     In case of defective/sticky/dead stop/burnt meter, the consumer, during the period of defective meter, shall be billed provisionally in the following manner.

(a)      On the basis of the consumption recorded during corresponding period of previous year when the meter was functional and recording correctly.

(b)      In case the same is not available, then on the basis of average consumption of the past 6 months immediately preceding the date of the meter being found/reported defective.

(c)      If period of installation of meter is less than six months, then the consumer shall be billed on the basis of average consumption of the period from the date of installation of the meter to the date of the meter being found/reported defective.

(d)      In case no previous correct consumption data is available, owing to new connection or otherwise, the consumer shall be billed provisionally for the units as mentioned in the table below:-

(i)       For Domestic Supply/Bulk domestic supply/Non - Domestic Supply consumers: -

For Restaurants, Hotels Petrol pumps and Cinemas

For Nursing Homes and Hospitals with indoor nursing facilities, shopping malls, mobile towers.

(ii)      For other categories of consumers, the quantity of units consumed per month shall be worked out as per the following equation: -

shall be worked out as per the following equation: -

In cases where tariff is levied on the basis of connected load: KW x DF x H x D

In cases where tariff is levied on the basis of contract demand: CD x DF x H x D

Where,

KW = Sanctioned load.

CD = Sanctioned contract demand in KW or KVA, as the case may be.

DF = Demand factor

H = Number of working hours per day.

D = Number of days per month.

In the above equation, the demand factor, number of working hours per day and number of days per month, for various categories of consumers, shall be taken as below:-

Based upon the above data, the consumer shall be billed (provisionally) for the units as mentioned in the table below:-

Provided that any evidence provided by consumer about conditions of working and/or occupancy of the concerned premises during the said period(s), which might have had a bearing on energy consumption, may be considered by the licensee.

The defective meter shall be replaced by the licensee within 7 days of its being so established on checking. The burnt meter shall be replaced as per the timeline mentioned under Regulation 5.8.

(2)     After installation of new meter, the account of the consumer, billed provisionally in the manner as specified under Regulation 6.9.1 (1) above, shall finally be overhauled in the following manner:-

(a)      In case the consumer was billed provisionally in the manner as specified under Regulation 6.9.1 (1) (a) above, then no further overhauling of the account is required in case there has been no extension of load during the period the meter remained defective. In case there has been extension of load during the period the meter remained defective, then the account of the consumer shall finally be overhauled on the basis of average consumption of ensuing corresponding period recorded by the new meter.

(b)      In case the consumer was billed provisionally in the manner as specified under Regulations 6.9.1. (1) (b) to 6.9.1 (1) (d) above, then the account of the consumer so billed shall finally be overhauled on the basis of average consumption of ensuing corresponding period recorded by the new meter.

(c)      In case of seasonal industries, the account shall be overhauled on the basis of average consumption of ensuing corresponding period after installation of new meter.

(3)     In case, the Maximum Demand Indicator (MDI) of the meter at the consumer's installation is found to be faulty or not recording at all (unless tampered), the demand charges shall initially be calculated based on maximum demand recorded during corresponding period of previous year, when the meter was functional and recording correctly. In case, the recorded MDI of corresponding period of past year is also not available, the average maximum demand as available for lesser period shall be considered.

After installation of new meter or rectification of the MDI, the demand charges so levied shall finally be overhauled in the following manner.

(a)      In case the demand charges were charged on the basis of maximum demand recorded during corresponding period of previous year and there has been no increase in the sanctioned contract demand during the period the MDI remained defective, no further overhauling of the account is required.

(b)      In case the demand charges were charged on the basis of maximum demand recorded during corresponding period of previous year and there was increase in the sanctioned contract demand during the period the MDI remained defective, the demand charges shall be reviewed on the basis of MDI recorded by the new meter during the ensuing corresponding period. In case these charges are more, the additional amount shall be charged and in case these are less than the amount already charged then no refund shall be made.

(c)      In all other cases, where the demand charges were levied on the basis of average maximum demand of lesser period and not on the basis of MDI recorded during corresponding period of previous year, the demand charges shall be reviewed on the basis of MDI recorded by the new meter during the ensuing corresponding period. In case these charges are more, the additional amount shall be charged and in case these are less than the amount already charged then no refund shall be made.

6.9.2 Billing in cases where premises are found locked/meter not accessible

Where the premises are found locked and the licensee is unable to read the meter, the provisional billing shall be done in the manner as prescribed under Regulation 6.9.1 (1) above and the account shall finally be overhauled on the basis of the actual units recorded by the meter when the licensee is able to read the meter.

If premises is found locked on two successive meter reading dates and there is no advance for adjusting the bill and previous bill is not paid, then the connection shall be disconnected.

6.10 Erroneous/Disputed Bills

6.10.1 In case a consumer does not agree with the amount billed (barring cases of theft of electricity, unauthorized use of electricity and where the consumer is found at fault for damage to meter and apparatus), he shall lodge a complaint in this regard and deposit under protest -

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

(b)      the electricity charges due from him 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 the consumer and the licensee.

6.10.2 On review of the complaint, if the licensee finds that the consumer has paid any excess amount, such excess amount along with the interest at saving bank rate of State Bank of India as on the 1st of April of the financial year shall be adjusted in the subsequent bill(s).

Provided that in case the amount to be refunded exceeds the electricity charges due for next 6 months calculated on the basis of average consumption for previous 6 months, such excess amount shall be refunded through cheque.

6.10.3 If the licensee finds the bill to be correct, the consumer shall be intimated accordingly to pay the balance amount, if any, with surcharge on such balance for delayed payment from the due date, if applicable.

6.10.4 If the licensee establishes during review or otherwise or as a result of audit observation that a consumer has been under-charged, a 15 days notice shall be served upon the consumer to enable him to contest the demand. However, in case of additional demand being made out by internal audit in respect of any consumer, the officer concerned shall satisfy himself in the matter before giving notice to the consumer. After receipt of reply from the consumer, the licensee shall review the amount charged after taking into account the facts submitted by the consumer. For the amount which is chargeable, after considering reply of the consumer, the licensee shall recover the amount without levy of surcharge from the consumer by issuing a separate bill and in such cases at least 30 days shall be given to the consumer to pay the bill. In case the consumer fails to pay the bill by the due date, he shall be liable to pay, in addition, surcharge for the period of delay.

6.10.5 While issuing bill under Regulation 6.10.4, the licensee

(a)      shall specify the amount to be recovered with an explanation and breakup for the amount.

(b)      shall not charge interest on the undercharged amount if paid within 30 days.

(c)      on the request of the consumer shall allow installment option.

(i)       If the amount charged is less than average amount chargeable for two billing cycles - two installments.

(ii)      If the amount charged is more than average amount chargeable for two billing cycles but less than four billing cycles - three installments.

(iii)     If the amount charged is more than average amount chargeable for four billing cycles but less than six billing cycles - four installments.

(iv)    If the amount charged is more than average amount chargeable for six billing cycles and above - five installments.

These installments shall be calculated without adding any interest or surcharge. However, if any installment is delayed there will be surcharge on it.

6.10.6 While communicating the decision on the review of the bill, the licensee shall advise the consumer in writing his right to prefer an appeal against the decision of the licensee to Consumer Grievance Redressal Forum.

Regulation - 7. Theft of Electricity Under Section 135 of The Electricity Act, 2003.

7.1 Theft of Electricity

7.1.1 A person shall be guilty of an act of theft of electricity if he dishonestly does an act as defined under Section 135 (1) (a to e) of the Act.

7.1.2 Theft shall not be limited to physical interference with the meter found during physical inspection. It shall also include theft committed by resorting to external methods which in any way interfere with the accurate registration of energy consumed.

7.1.3 Provision of Section 135 of the Act has to be used where the alleged act has been done with dishonest intention. In such cases recourse shall not be taken to Section 126 of the Act. It is only in cases where sufficient evidence of dishonest intention is not available that recourse can be taken to Section 126. Benefit of doubt can be given only while applying Section 135 and not while applying Section 126. In a case where the dishonest intention is doubtful, the matter shall not be closed merely by giving benefit of doubt but the proceedings shall be converted to Section 126 of the Act.

7.2 Procedure for booking a case of theft of electricity

7.2.1 The State Govt. shall issue the list of authorized officers of the licensee or supplier as the case may be, for inspection of any place or premises, as per Section 135 (2) of the Act.

7.2.2 The licensee or supplier shall display the list of such authorized officers prominently in all its offices and put on its website. The photo identity cards shall be issued to such officers.

7.2.3 The authorized officer, suo-motu or on receipt of reliable information regarding theft of electricity in a premises shall promptly conduct inspection of such premises after obtaining permission from SDO or XEN concerned if he happens to be below the level of SDO.

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

7.2.4 The inspection team of the licensee or supplier, headed by such authorized officer shall carry along with them their photo identity cards. Photo identity cards should be shown to the occupant of the place of inspection before entering the premises. Photo identity card of the authorized officer shall clearly indicate that he has been nominated as authorized officer as per provision of Section 135 of the Act.

7.2.5 While conducting inspection, the authorized officer and his team shall follow the provisions of sub-sections 2, 3 & 4 of Section-135 of the Act.

7.2.6 As far as possible, the events of inspection shall be photographed/video graphed. In cases, where significant law and order problem is anticipated, the authorized officer inspecting the premises shall immediately seek assistance from his senior officer(s) and also call for police help. In such cases all events shall be recorded through video camera.

7.2.7 If such entry or inspection reveals nothing to indicate the commission of or engagement in any act of theft of electricity by the person/consumer, the authorized officer, the employees accompanying him and the licensee shall not be liable for any alleged loss or inconvenience caused to the person/consumer on account of such entry, inspection and search.

7.2.8 The inspection of the meter made by the person authorized for reading the meter or meter reader as the case may be, including any other employee of the licensee for the purpose of recording of meter reading for consumption, shall not be deemed to be the inspection of the installation of the consumer for the purpose of Section 135 of the Act. The meter reader, however, shall be responsible for immediately reporting any suspicion of theft of electricity to the SDO concerned.

7.2.9 The authorized officer shall prepare a report giving details such as connected load, condition of meter seals, working of meter and mention any irregularity noticed (such as tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted) on the prescribed format. The event would invariably be photographed or video-graphed with cameras having facility for recording date and time of event.

7.2.10 The report shall clearly indicate whether sufficient evidence substantiating the theft of electricity was found or not. The details of such evidence should be recorded in the report.

7.2.11 The report shall be signed by the authorized officer and each member of the inspection team and the same must be handed over to the consumer or his representative at site immediately under proper receipt. In case of refusal by the consumer or his authorized representative to either accept or give a receipt, a copy of the inspection report must be pasted at a conspicuous place outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under registered post/speed Post on the same day or the next day of the inspection.

7.2.12 Upon detection of theft of electricity, the authorized officer shall seize all material evidence including devices, instruments, wires and any other facilitator or article which has been or being used for unauthorized use of electricity, from the premises. All such evidence shall be packed and sealed with verification from the witness present during such seizure.

Provided that if in the process of seizure of the material evidence, supply to the consumer gets disconnected, it shall not be construed as disconnection of supply under Section 135 (1 A) of the Act.

7.2.13 The occupant of the place of search or any person on his behalf shall be allowed to remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list. If he refuses to sign, the authorized officer shall record such refusal on the list and paste a copy of the list at a conspicuous place outside the premises.

7.2.14 It shall be the duty of the licensee to ensure that the meters, terminal covers of the meters and protection boxes where provided shall be duly secured with a seal of the licensee. The existing licensee shall certify within a period of six months from the notification of these Regulations in the official gazette of Haryana that all such seals have been put in place. Thereafter, in cases where the meter is installed inside the consumer premises or at the entry point, within in a period of next two months, any consumer may report that his meter or terminal cover or protection box wherever provided has not been sealed. On such report, the licensee shall verify the claim and if found true will promptly take steps to put the seals and will also initiate action against the employee who failed to put the seals in the given period of six months. After a period of eight months from the date of notification of these Regulations, it shall be presumed that all the meters, terminal covers of the meters and protection boxes wherever provided have been sealed.

Thereafter:

(1)     Where the meters are installed inside the premises or at the entry point:

(a)      If any of the seals is found broken during any inspection and the licensee finds on the basis of abnormality in consumption pattern with reference to the sanctioned load or otherwise that the seal would have been broken with an intent to commit theft of electricity, it shall be presumed that the seal was broken by or on behalf of the consumer.

(b)      If the meter or any part of it including glass is found tampered but not with the intent of opening it or broken, the conclusion of theft shall not be drawn unless it is corroborated by consumption pattern of consumer and such other evidence as may be available.

(2)     Where the meters are installed outside the premises:

No case for dishonest abstraction or theft of electricity shall be framed only on account of seal(s) on the meter and/or meter cubicle found missing or tampered with or fake or breakage of glass window or existence of hole in meter, loose glass, cut in the incoming PVC Cable or any other act, unless corroborated by consumption pattern of consumer, reliable tamper information and such other evidence which may establish that theft of energy was being actually committed.

7.2.15 In case on inspection of the premises sufficient evidence is found to establish that any artificial means or means not authorized by the licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that abstraction, consumption or use of electricity has been dishonestly caused by such consumer.

7.2.16 Whether the seizure under Regulation 7.2.12 results in disconnection of supply to the consumer or not, the licensee or supplier, as the case may be, upon detection of such theft of electricity, immediately disconnect the supply from a point further away from the connection point as per Section 135 sub-clause (1A) of the Act to ensure that the consumer does not reconnect the supply and further theft does not take place.

Provided that the supply shall be disconnected under the order of an officer of the rank higher than the rank of authorized officer who carried out the inspection and such officer shall not be below the rank of SDO.

7.2.17 Such officer of the licensee or supplier, as the case may be, not below the rank of SDO, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction in the area within 24 hours from the time of such disconnect.

7.3 Assessment of energy consumption

7.3.1 Notwithstanding the criminal action taken under Section 135 of the Act for theft of electricity, the assessing officer of the licensee or supplier, as the case may be, as defined under Section 126 of the Act, but not below the rank of SDO, shall assess the energy consumption as per the assessment formula given in Annexure - II to these Regulations.

7.3.2 In case of a regular metered connection, where a case of theft of electricity is detected, units recorded in the meter for the period for which the assessment is made and for which bills have been raised by the licensee, shall be accounted for while working out the net assessment of theft of electricity.

7.3.3 After assessing the energy consumption as per the assessment formula given in Annexure - II to these Regulations, the licensee shall prepare a final assessment bill on two times of the tariff applicable and serve upon the consumer notices containing the following information.

(a)      The details relating to the inspection carried out by the authorized officer including the dates and timings, list of material seized and any other relevant fact.

(b)      Detail of the energy consumption assessed on account of theft of electricity, the period for which assessment has been made and the amount to be deposited by the consumer/person (amount calculated as per the assessment formula given in Annexure - II to these Regulations).

7.4 Reconnection

The licensee or supplier, as the case may be, on payment of the assessed amount in accordance with the provisions of the Act read with these Regulations, shall without prejudice to the obligation to lodge the complaint as referred to under Regulation 7.2.17 above, restore the supply of electricity within forty-eight hours of such payment.

Provided that the supply to a person who is not a consumer of the licensee shall not be restored and the payment of amount of assessment made by him shall not entitle such person to be a consumer of the licensee on such payment.

7.5 Default in payment of assessed amount

In case of default in payment of the assessed amount, the licensee shall, after giving a 15 day's notice in writing, file a case against the consumer in the designated Special Court as per the provisions of Section 135 of the Act. If, however, the consumer comes forward to pay the assessed amount along with interest, which shall be at the rate of 16% per annum compounded every six months, he shall be allowed to deposit the amount and interest without prejudice to other actions taken under Section 135 of the Act.

7.6 Compounding of offence

7.6.1 In case it is a first offence under Section 135 of the Act, then the person may request the officer authorized by the State Government under Section 152 of the Act, for compounding of offence in the prescribed format. The authorized officer shall hear the person and the assessing officer or his authorized representative and thereafter, after orders from such authorized officer, the amount for compounding of offence shall be deposited by the person with the State in the same manner as prescribed for depositing the fines imposed by the courts.

The charges for compounding of the offence shall be as mentioned under Section 152 of the Act or as specified by the State Government.

7.6.2 A person can also deposit the amount of compounding even after an FIR/complaint has been lodged against him for the first offence, after getting approval from the authorized officer under Section 152 of the Act. In such eventuality, the authorized officer (under section 152) should accept the amount of compounding and intimate the same to the concerned police station and court regarding compounding of offence under Section-152 of the Act.

7.6.3 On payment of the sum of money in accordance with Regulations 7.6.1 & 7.6.2, any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court.

7.6.4 The acceptance of the sum of money for compounding of offence in accordance with Regulations 7.6.1 & 7.6.2 by the Appropriate Government or an officer empowered in this behalf shall be deemed an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974).

7.7 Special Court

Procedure and power of Special Court - The Special Court setup under Section 153 of the Act, shall have the powers as specified under Sections 154 and 155 of the Act.

7.8 Suspected Theft

7.8.1 On inspection of a premises, in case theft of electricity is not clearly established and it seems to be a case of suspected theft only, in that case the authorized officer shall remove the old meter under a seizure memo and seal it in the presence of the consumer or his authorized representative. The authorized officer and the consumer shall sign on the seals borne on the meter and meter box. The licensee or supplier shall continue the supply to the consumer simultaneously with a new meter. The old meter shall be tested in the presence of the consumer and the authorized officer at the licensee's testing lab which shall give a test report in writing, which along with photographs/video graphs shall constitute evidence thereof. Based upon this test report, the authorized officer shall prepare a report and record therein the reasons of suspected theft, if any.

Provided that if consumer insists, the testing of the meter shall be carried out at a third party facility approved by the licensee/Commission.

7.8.2 The authorized officer shall handover his report to the consumer or his representative immediately under proper receipt. In case of refusal by the consumer or his authorized representative to either accept or give a receipt, a copy of the inspection report shall be pasted at a conspicuous place outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under registered post/speed post on the same day or the next day of the issue of report.

Provided that in case of suspected theft, the meter is found to be accurate within the prescribed limits and in proper working order after testing, no further proceedings shall be taken and the decision shall be communicated to the consumer under proper receipt within three days and the original meter shall be restored.

7.8.3 After detailed examination of the evidence and the consumption pattern of the consumer, if the licensee or supplier is convinced that a prima-facie case is made out against the consumer for dishonest abstraction, consumption or use of electricity, then the licensee or supplier shall proceed against the consumer as per provision under Regulations 7.2.16 to 7.6.4.

7.9 Voluntary declaration of tampered meters/seals

In case a consumer comes forward and voluntarily declares that his meter and/or seals are tampered:

(1)     If the licensee finds with reference to the abnormality in consumption pattern and the sanctioned load or otherwise that the meter and/or seals were tampered with mala fide intent, then the licensee shall raise the assessment bill at two times the normal tariff for the period of last two months in case of domestic supply and for the period of last six months in case of other categories, reckoned from the date of declaration.

In case of AP connections, the assessment bill shall be raised at two times the AP tariff determined by the Commission without subtracting the subsidy component for the period of last two months, reckoned from the date of declaration.

The tampered meter/seals shall be replaced with new meter/seals at the consumer's cost immediately.

Thereafter the licensee shall not raise any other issue including action under Sections 126 & 135 of the Act.

(2)     The energy bill, for the period the meter is not replaced, shall be sent as per the procedure for defective meters.

Regulation - 8. Unauthorized Use of Electricity Under Section 126 of The Act.

8.1 Procedure for booking a case of unauthorized use of Electricity

8.1.1 The State Government shall designate the assessing officers of the licensee as per Section 126 of the Act.

8.1.2 The licensee shall display the list of such assessing officers in all its offices and put on its website. The photo identity cards shall be issued to such officers.

8.1.3 An assessing officer designated as such by the State Govt. under Section 126(6) of the Act, shall on receipt of reliable information regarding "unauthorized use of electricity" as in explanation 126(6)(b) of the said Section, promptly inspect such premises.

8.1.4 The members of the inspection team of the licensee shall carry along with them their visiting cards and Photo Identity Cards (Photo Identity Card should indicate that he is an authorized assessing officer of licensee under section 126 of the Act). Photo Identity Cards should be shown and visiting cards handed over to the owner of the premises or his representative before entering the premises.

8.1.5 If on inspection of any place or premises or after inspection of the equipment, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity then an inspection report inter-alia indicating connected load for unauthorized use of electricity, condition of meter and its seals and also details of evidence as laid down in explanation (b) of sub-section (6) of Section 126 of the Act, substantiating the unauthorized use of electricity shall be prepared on the prescribed format. The event would invariably be photographed or video graphed with cameras having facility for recording date and time of event.

Provided that in a case where the device utilized for the purpose of unauthorized use of electricity happens to be a tampered meter, such meter shall be confiscated and the supply shall be disconnected till a new meter is installed.

8.1.6 The inspection report shall clearly indicate whether sufficient evidence substantiating the unauthorized use of electricity was found or not. The material/device utilized for the purpose of such unauthorized use shall be confiscated and kept as a proof along with photographs/video graph of the premises. All documents prepared should be legible.

8.1.7 The assessing officer shall sign the inspection report. The person present at site may also sign the inspection report. A copy of the same shall be handed over to the owner/occupier or his representative present at site under proper receipt.

8.1.8 In case of refusal to accept the report, a copy of the inspection report shall be pasted at a conspicuous place outside the premises and photographed. Simultaneously another copy of the same report shall be sent under registered post/speed post on the same day or next day of the inspection.

8.2 Notice to the Consumer:

8.2.1 If the assessing officer comes to be conclusion that unauthorized use of electricity has taken place, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use and shall serve, within seven days of Inspection, the provisional assessment order along with a notice to the person for showing cause as to why a case of unauthorized use of electricity should not be made against him. While doing so the assessing officer shall compute the amount payable by the person benefited by unauthorized use of electricity as per provision laid down in Sub-Section 5 read with Sub-Section 6 of Section 126 of the Act and as per procedure specified in Annexure - II to these Regulations. The show cause notice should clearly state the time and date by which the reply has to be submitted and the designation and address of the person to whom it should be addressed.

8.2.2 If the person served with the order of provisional assessment accepts such assessment, the provisional assessment shall be treated as final assessment. The person shall then deposit the assessed amount with the Licensee within seven days of service of such provisional assessment order upon him and the matter shall be closed.

8.2.3 If the person does not accept the show cause notice/provisional assessment, he shall be entitled to file objections against the show cause notice/provisional assessment before the assessing officer within seven (7) days.

8.3 Personal Hearing

8.3.1 Within four (4) days of the receipt of objections from the person, the assessing officer shall arrange a personal hearing with such person.

8.3.2 If during the personal hearing, the assessing officer and the person arrive at a consensus, then the assessing officer shall pass a final speaking order based upon such consensus. If no such consensus is arrived at during the personal hearing, the assessing officer shall give due consideration to the facts submitted by the person and pass, within fifteen (15) days, a speaking order as to whether the case of unauthorized use of electricity is established or not. Speaking order shall contain the brief of inspection report, submissions made by the person in his written reply and oral submissions made during personal hearing and reasons for acceptance or rejection of the same and shall contain final assessment.

8.3.3 In the final assessment order issued under section 126(3) of the Act, it shall be clearly mentioned that the order is challengeable before the appellate authority (name, designation and address to be mentioned) under section 127 of the Act, within 30 days of the said order.

8.3.4 In case unauthorized use of electricity is not established, further proceedings shall be discontinued and case of unauthorized use of electricity shall be dropped immediately and the person concerned shall be informed accordingly.

8.3.5 The person served with the final order of assessment may accept such assessment and deposit the assessed amount with the licensee within seven (7) days of the service of the order on him.

8.3.6 In case the person served with the final order of assessment is not satisfied with the assessment, he may file an appeal before the appellate authority designated by the State Govt. under Section 127 of the Act.

8.3.7 In case the person neither files the appeal nor deposits the assessed amount, within the period prescribed, his connection shall be disconnected.

8.4 Appeal to Appellate Authority

(1)     Any person aggrieved by the final order made under Section 126 of the Act may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as specified by the Commission, to an appellate authority as prescribed.

(2)     No appeal against an order of assessment under sub-section (1) of Section 127 of the Act shall be entertained unless an amount equal to half (1/2) of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.

(3)     The appellate authority referred to in sub-section (1) of Section 127 of the Act shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant.

(4)     The order of the appellate authority referred to in sub-section (1) of Section 127 of the Act passed under sub-section (3) of Section 127 of the Act shall be final.

(5)     No appeal shall lie to the appellate authority referred to in sub-section (1) of Section 127 of the Act against the final order made with the consent of the parties.

8.4.1 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 shall be refunded along with interest at the saving bank rate of State Bank of India.

8.4.2 In case the amount payable as determined by the appellate authority is less than the amount already deposited by the person, the excess amount will be refunded by adjustment in the bills of the immediately succeeding months along with interest at the saving bank rate of State Bank of India from the date of such excess deposit till the date of actual adjustment.

8.5 Default in payment of amount assessed

When a person defaults in making payment of assessed amount, the supply shall be disconnected forthwith. Further, in addition to the assessed amount, he shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen (16) percent per annum compounded every six months.

8.6 General

(1)     Unauthorized extension of load shall not be considered as unauthorized use of electricity. It shall, however, attract penalty as prescribed under Regulation 9.

(2)     In the cases where consumer has been paying electricity charges for higher tariff category but using electricity for lower tariff category and no other irregularity is found, no case of unauthorized use of electricity shall be booked. The licensee shall take action forthwith to put the consumer in appropriate category.

(3)     In the case of change in tariff category either due to tariff order of the Commission or any other order, Regulation or statutory provision, it shall be incumbent upon the licensee to identify such cases and give them opportunity by servicing an advance notice to get their tariff category changed accordingly and till then no case of unauthorized use of electricity shall be booked in such cases.

(4)     During the checking of a premises, if the load is found running in a category for which the tariff is lower than the one under which the connection had been applied and released, then no penalty shall be charged on account of load having been found in a category other than the one for which the connection had been applied and released.

 

(5)     In case telescopic tariff is applicable to one category of usage; total bill amount of preceding one year shall be calculated under the applicable category and if the billing already made is in excess to the amount so calculated; no case of unauthorized use of electricity shall be booked in such cases

 

(6)     In the cases where the consumer has not concealed the category of usage of supply while applying for the connection but the load was sanctioned under a wrong category by the sanctioning authority; only the difference of the tariff from the date of connection shall be charged and no case of unauthorized use of supply or theft of electricity shall be made. The future billing, however, shall be made on the applicable category

 

(7)     During the first checking of any premises, if any load is found running in a category for which the tariff is higher than the one under which the connection had been applied and released, the penalty will be charged under Section-126 of Electricity Act 2003. While calculating the penalty amount in such cases, only the load found running in the unauthorized category shall be considered. In such an event a notice will be served to the consumer giving detailed calculation of the penalty amount with a specific mention therein asking the consumer to remove such load found in the unauthorized category within 15 working days of the date of service of the notice and to submit an affidavit on Non Judicial Stamp Paper of ? 10/- duly attested by Notary Public, clearly stating therein that the load found under unauthorized category during checking has been removed.

(8)     In case, the load found running under unauthorized category is not removed and/or compliance of the notice served by the licensee is not made by the consumer within the stipulated period or where after making the compliance of notice; during the subsequent checking's the load is again found running in an unauthorized category having a tariff higher than the one in which it is being currently charged, the penalty shall be charged under Section-135(e) of the Electricity Act 2003 considering it as a dishonest use of electricity in an unauthorized category.

 

(9)     If during checking, load is found running in a category having two-part tariff i.e. energy charges and fixed charges, the fixed charges being applicable on the sanctioned load/contract demand, whichever is applicable, the energy charges plus fixed charges shall be the criteria to determine whether the load found in unauthorized category has a tariff higher or lower than the one under which the connection had been applied and released.

Regulation - 9. Unauthorized extension of load.

9.1 Unauthorized extension of load, wherever detected, shall not be considered as a case of unauthorized use of electricity under sections 126 & 135 of the Electricity Act, 2003 but shall be penalized in the following manner.

9.2 Checking of unauthorized extension of load at the consumer premises.

9.2.1 Domestic Supply connections.

(a)      In cases where meters with MDI facility are not provided, the physical checking of the premises would be carried out by an officer not below the rank of SDO. A policy of pick and choose by the junior officials shall be strictly prohibited. If there is specific information or complaint, SDO himself will conduct checking in the presence of the consumer. In case the consumption of a consumer is not commensurate with the sanctioned load and is consistently and abnormally high in three consecutive billing cycles, then JE with prior approval of the SDO may conduct the checking.

(b)      Where energy meter with MDI facility is available no physical checking of the load shall be carried out. In that case, the consumer bill shall mention the maximum demand recorded during the billing period.

In both (a) and (b) above cases where the maximum demand has exceeded the sanctioned load by more than 10%, then it should be mentioned on the bill in high - lighted printing. Where the maximum load exceeds by more than 10% of the sanctioned load for two successive billing cycles, the Licensee shall issue a notice to the consumer intimating that he has exceeded his sanctioned load and his load is being enhanced based on MDI meter readings. The consumer shall be given 30 days period to deposit the enhanced security deposit for such increase in sanctioned load. If the consumer fails to do so, the additional amount may be included in the next bill, indicating the reasons for such inclusion in the bill. The load of the consumer shall be considered as enhanced from the successive billing.

9.2.2 All LT connections including AP connections other than Domestic Supply connections.

(a)      The physical checking of the premises, if required, would be carried out by an officer not below the rank of SDO. A policy of pick and choose by the junior officials shall not be followed. If there is specific information or complaint, SDO himself will conduct checking in the presence of the consumer. In case the consumption of a consumer is not commensurate with the sanctioned load and is consistently and abnormally high in three consecutive billings cycles, as indicated by the energy bill then JE with prior approval of the SDO may conduct the checking.

(b)      In cases where the maximum demand has exceeded the sanctioned load by more than 10%, then it should be mentioned on the bill in high - lighted printing. Where the maximum load exceeds by more than 10% of the sanctioned load, the Licensee shall issue a notice to the consumer intimating that he has exceeded his sanctioned load and his load is being enhanced based on MDI meter readings. The consumer shall be given 30 days period to deposit the enhanced security deposit for such increase in sanctioned load. If the consumer fails to do so, the additional amount may be included in the next bill, indicating the reasons for such inclusion in the bill. The load of the consumer shall be considered as enhanced from the successive billing.

9.2.3 In cases of all HT connections other than Domestic Supply connections.

(a)      The physical checking of the premises, if required, would be carried out by an officer not below the rank of SDO. A policy of pick and choose by the junior officials shall not be followed. If there is specific information or complaint, SDO himself will conduct checking in the presence of the consumer. In case the consumption of a consumer is not commensurate with the sanctioned load and is consistently and abnormally high in three consecutive billings cycles, as indicated by the energy bill, then JE with prior approval of the SDO may conduct the checking.

(b)      In cases where the maximum demand has exceeded the sanctioned load/contract demand by more than 5%, the licensee shall issue a notice to the consumer intimating that he has exceeded his sanctioned load/contract demand and he should either remove the additional load or get the same regularized after completing the formalities for extension of load as per Regulation 4.12.

9.3   Levy of penalty on account of unauthorized extension of load, in addition to action under Regulation 9.2 above.

9.3.1 In case of Domestic Supply connections/bulk domestic supply connections

In cases where the billing has been on minimum monthly charges for three consecutive billing cycles, if on physical checking or through MDI reading, the connected load is detected to be exceeding by more than 10% of the sanctioned load, a onetime penalty @ ? 400 per KW or as amended by the Commission from time to time shall be levied on excess load including 10%. The licensee shall issue a notice to the consumer intimating that he has exceeded his sanctioned load and his load is being enhanced based on physical checking. The consumer shall be given 30 days period to deposit the penalty amount and enhanced security deposit for such increase in sanctioned load. If the consumer fails to do so, the amount of penalty and enhanced security deposit shall be included in the next bill, indicating the reasons for such inclusion in the bill. The load of the consumer shall be considered as enhanced from the successive billing.

In all other cases where billing has not been on minimum monthly charges for three consecutive billing cycles there shall be no penalty if the load exceeds the sanctioned load and only the procedure under Regulation 9.2.1 (b) shall be followed.

Every consumer shall have the option to get the energy meter with MDI facility installed for his electrical connection.

9.3.2 In case of Non - Domestic Supply connections, Independent hoarding/decorative lighting connections, bulk supply connections and street lighting supply connections.

If on physical checking or through MDI reading, the connected load is detected to be exceeding by more than 10% of the sanctioned load, a onetime penalty @ ? 500 per KW or as amended by the Commission from time to time shall be levied on excess load including 10%. The licensee shall issue a notice to the consumer intimating that he has exceeded his sanctioned load and his load is being enhanced based on physical checking/MDI reading. The consumer shall be given 30 days period to deposit the penalty amount and enhanced security deposit for such increase in sanctioned load. If the consumer fails to do so, the amount of penalty and enhanced security deposit shall be included in the next bill, indicating the reasons for such inclusion in the bill. The load of the consumer shall be considered as enhanced from the successive billing.

In such cases, if the load of the consumer exceeds 20 KW, then the penalty shall be levied @ ? 130 per kW per month or as amended by the Commission from time to time on the excess load including 10%, for the preceding six months or for the period from the date of last checking or from the date of release of connection whichever is less.

9.3.3 In case of LT Industrial Power Supply

If the connected load of a consumer is detected to be exceeding by more than 10% of the sanctioned load, the excess load shall be treated as unauthorized load. Wherever use of unauthorized load is detected by the licensee, the excess load shall be charged a penalty at the rate of ? 220/- per kW per month (or as amended by the Commission from time to time) for the preceding six months or for the period from the date of last checking or from the date of release of connection whichever is less. The consumer will have to submit the revised test report alongwith all relevant documents and additional advance consumption deposit. The penalty shall remain chargeable only upto one month after the date of submission of requisite documents. The competent authority shall sanction the revised load within one month of the receipt of complete documents from the consumer, failing which the consumer shall not be liable for any penalty for the additional period after one month.

9.3.4 Public water works supply

If the connected load of a consumer is detected to be exceeding by more than 10% of the sanctioned load, the excess load shall be treated as unauthorized load. Wherever use of unauthorized load is detected by the Licensee, the excess load including 10% shall be charged a penalty at the rate of ? 150/- per kW per month (or as amended by the Commission from time to time) for the preceding six months or for the period from the date of last checking or from the date of release of connection whichever is less. The consumer will have to submit the revised test report alongwith all relevant documents and additional advance consumption deposit. The penalty shall remain chargeable only upto one month after the date of submission of requisite documents. The competent authority shall sanction the revised load within one month of the receipt of complete documents from the consumer, failing which the consumer shall not be liable for any penalty for the additional period after one month.

9.3.5 H.T Industrial and steel furnace power supply

Under this category, the maximum load which can be drawn by a consumer is the contract demand declared by him which is referred to as the sanctioned contract demand.

In case the maximum demand of a consumer exceeds his sanctioned contract demand in any month by more than 5%, a surcharge of 25% (or as amended by the Commission from time to time) will be levied on the charges towards total sale of power during that month.

9.3.6 Railway Traction and DMRC

In case the consumer exceeds his sanctioned contract demand in any month, the excess demand shall be charged a penalty @ ? 125 per KVA or part thereof per month (or as amended by the Commission from to time). In case the consumer exceeds his sanctioned contract demand in any month due to shifting of load by the consumer in case of failure of supply at any other point under the jurisdiction of licensee and for reasons attributable to the licensee, the excess demand shall be determined on the basis of contract demand for supply at such points taken together.

9.4 General

9.4.1 In all the consumer categories mentioned under Regulations 9.3.1 to 9.3.6 above, the consumer will have to submit the revised test report (wherever applicable) along with all relevant documents. The competent authority shall sanction the revised load within one month of the receipt of complete documents from the consumer. Load enhancement shall be sanctioned subject to technical feasibility.

9.4.2 In all the consumer categories mentioned under Regulations 9.3.1 to 9.3.6 above, if there is change in category with the excess load i.e. from LT supply to HT supply and it is not possible to regularize it as HT supply, then the consumer will be allowed at his option to have the load sanctioned up to 50 kW and remove the excess load.

9.4.3 Unauthorized extension of load shall not be considered as unauthorized use of electricity. It shall, however, attract penalty as prescribed above under these Regulations.

Regulation - 10. Disconnection and Reconnection of Supply.

10.1. Disconnection of supply due to non-payment

10.1.1 Where a consumer neglects to pay any consumption charge for electricity or any other amount due from him to a licensee, by the due date mentioned in the bill, in respect of supply of energy to him or in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee may, after giving not less than fifteen (15) clear days' notice in writing to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer.

Provided that the supply of electricity shall not be cut off if such consumer deposits under protest -

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

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

Further: - (i) A notice shall be printed on the electricity bill itself to the effect that in case the consumer fails to make the payment of the bill within 15 days of the due date along with surcharge applicable, the consumer shall be liable for disconnection of his supply.

(ii) Further, in case a consumer fails to make the payment of the bill of a billing cycle by the due date and his connection has not been already disconnected, then the bill in the next billing cycle shall be prepared on a distinct color paper highlighting the unpaid amount of the last bill along with a notice printed on the bill itself that in case the amount due is not paid by the due date, the supply shall be disconnected without any further notice.

(iii) Simultaneously, with issue of such bills which contain a notice for permanent disconnection, a statement of such defaulting consumers shall be generated by the computer. Thereafter, it will be incumbent upon the SDO concerned to monitor such defaulting consumers mentioned in the statement and to make such extra efforts that the consumers pay their outstanding bill(s) by the due date.

(iv) After the lapse of the due date for payment of the above bills of 2nd billing cycle, the information about non-payment of bills despite notice of permanent disconnection shall be generated and an individual letter directing the SDO concerned to immediately disconnect the supply of such consumers shall be issued on a distinct color paper.

(v) The SDO shall ensure that these orders are promptly complied with, failing which penal provision as mentioned below shall apply:-The permanent disconnection of such consumers shall be monitored by the authorities concerned and checked at random. In case the permanent disconnection was not done by the employee deputed for the purpose, the consumption of defaulting consumer after the date of reading for 3rd Billing cycle till the date of permanent disconnection shall be recovered in the shape of penalty from the employee concerned.

(vi) If at the time of affecting the permanent disconnection, it is noticed that the consumer has made the payment and he submits the proof of payment, the remarks regarding payment received will be recorded with details of payment received on the permanent disconnection order and the supply will not be disconnected.

(vii) In case the employee deputed to affect the permanent disconnection faces any serious resistance from the defaulter(s) and he apprehends that the law and order problem can arise, he shall immediately contact the higher authorities i.e. SDO or his superiors. It will be incumbent upon the SDO/XEN in-charge to arrange for necessary police help and support from the District/Police Administration and to disconnect the supply with intimation to his senior officers.

(viii) The above provisions are mandatory. However, it will not debar the distribution company from disconnecting the supply even earlier in case the dues are not paid in time".

10.1.2 However, before disconnecting supply, an adult member of the family should be informed. If proof of removal of cause of disconnection has been produced to the satisfaction of licensee's employee deputed for disconnection, the supply shall not be disconnected.

10.1.3 Disconnection will normally be effected in the forenoon and in any case not after 6 P.M.

10.1.4 Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer shall be recoverable after a period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.

10.1.5 In case of continued default in payment of electricity charges and any sum due to licensee by any consumer, the licensee shall be entitled to terminate the agreement executed by the consumer as per the terms and conditions of supply of the licensee as approved by the Commission.

10.1.6 On termination of agreement and permanent disconnection, if the consumer wishes to revive the connection, he would have to apply afresh and the application would be considered only after all outstanding dues have been cleared. The reconnection shall be allowed without reckoning as new case provided the consumer (except Agriculture pump-sets consumers in whose case the period allowed shall be 2 years) applies within 6 months of termination of agreement and permanent disconnection.

10.1.7 On receiving a request from the consumer to disconnect his supply temporarily for a period up to six months, the disconnection shall be done within 24 hours of receiving such request in writing from the consumer provided he has paid all the charges. The consumer shall be liable to pay disconnection/reconnection charges and any other charges as approved by the Commission to avail the facility of temporary disconnection. The period of disconnection can be extended on receipt of a written request from the consumer and necessary charges being deposited in advance.

10.2 Restoration of supply of electricity

10.2.1 Where a wrongful disconnection has taken place, the supply should be restored within six (6) hours of lodging the complaint.

10.2.2 If any service is disconnected on account of non-payment of electricity charges or any other charges due to Licensee, the consumer shall pay all such charges before reconnection. The Licensee shall restore the electrical supply in not more than 6 hours in the cities and towns & within 12 hours in rural area after the consumer has produced the proof of payment of charges.

Regulation - 11. Tampering or distress to electrical plant, lines or meter.

11.1 If the equipment i.e. electrical plant, lines or meter etc. of the licensee placed in the consumer premises or at the entry point is found tampered or distressed, the licensee shall be entitled to recover the expenses incurred for restoration of such plant, line, meter etc., without prejudice to licensee's right to take action under appropriate provisions of the Act, including disconnection of supply under section 56 of the Act for non-payment of the cost for replacement/rectification.

In case of damage to the equipment, provision of Regulation 4.15.3 (5) shall apply.

11.2 Any case of damage to a meter (except theft cases) shall be dealt as per Regulation 5.3.1 (2).

Any case of damage of the equipment, other than meter, shall be dealt as per Regulation 4.15.3 (5)

Regulation - 12. Entry of Licensee in consumer's premises.

12.1 A licensee or any other person duly authorized by him may, at any reasonable time, and on informing the occupier of his intention, enter any premises in which the electric supply lines or other works have been lawfully placed by the licensee for the purpose of -

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

 

(b)      Ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or

 

(c)      Removing any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee where a supply of electricity is no longer required, or the licensee is authorized to take away and cut off such supply; or

 

(d)      Disconnection of Supply under Regulation 10 and or

 

(e)      Delivery of bills

12.2 A licensee or any person authorized as aforesaid 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 enter: -

(a)      Any premises or land referred to in Regulation 12.1 for any of the purpose mentioned therein, or

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

12.3 Where a consumer refuses to allow a licensee or any person authorized as aforesaid to enter his premises or land in pursuance of the provisions of Regulation 12.1 or Regulation 12.2, refuses to allow him to perform any act which he is authorized by those Regulations to perform, or fails to give reasonable facilities, the licensee may after expiry of twenty four hours from the service of a notice in writing on the consumer, disconnect the supply to the consumer till such refusal or failure continues.

12.4 The authorized personnel visiting the consumer premises must follow the following codes/procedure

(a)      Each and every person entering in to the premises should have identity card issued by the licensee with him. The identity card must be placed in a manner so that the consumer can easily see the same.

 

(b)      Each and every Member of staff including officers entering in to the premises should wear the nameplate with the designation and must carry instruction sheet/job sheet in respect of the job which he is required to execute and will show to the consumer.

 

(c)      Site report of the job shall include date and time of completion of the job and will be signed by the consumer.

 

(d)      Consumer shall cooperate with the Licensee's personnel and make the premises available to them for carrying out their duty to enable Licensee to provide better service.

Regulation - 13. Service of notice.

13.1 Any order/notice to the consumer by the licensee including the notice under section 56 of the Electricity Act, 2003 shall be deemed to be duly served by the licensee if it is:

(a)      Sent by registered post, by courier, or printed on the bill (for defaulters only) or other similar means, or

 

(b)      Delivered by hand to the person residing at the address notified to the licensee by the consumer, or

 

(c)      Affixed at a conspicuous part of such premises in case there is no person, to whom the same can with reasonable diligence be delivered.

13.2 Documents or notices so posted under Regulation 13.1 shall be presumed to have been duly received by the consumer on the date on which he could be reasonably expected to receive the same.

Regulation - 14. Interpretation.

These Regulations shall be read and construed in all respects as being subject to the provisions of the Electricity Act 2003 and all its subsequent amendments and Haryana Electricity Reform Act 1997. The provisions of any other law relating to supply of electricity for the time being in force and nothing contained in these Regulations shall abridge or prejudice the rights of the Licensee and the consumer under any Central or State Act or rules made there under.

Regulation - 15. Complaints redressal system.

(1)     Any aggrieved person, electricity consumer, consumer association or legal heirs or authorized representatives (in case of death of a consumer) may file a complaint in the respective Consumer Grievances Redressal Forums (CGRF) established by the licensee, for settlement of their grievances in case:-

(i)       there exists defect or deficiency in electricity service provided by the distribution licensee;

(ii)      an unfair or restrictive trade practice has been adopted by the distribution licensee in providing electricity services;

(iii)     the distribution licensee has charged a rate in excess of that fixed by the Commission, for supply of electricity and related services;

(iv)    the distribution licensee has recovered expenses, in excess of charges approved by the Commission, in providing any electric line or electric plant or electric meter;

(v)      the electricity services provided by the distribution licensee is unsafe or hazardous to public life and is in contravention to the provisions of any law in force; 

except the complaint pertaining to-

(i)       Unauthorized use of electricity as defined under explanation to Section 126 of the Electricity Act 2003;

(ii)      Offences and penalties as specified under Sections 135 to 139 of the Electricity Act 2003;

(iii)     Accidents and inquiries as specified under Section 161 of the Electricity Act 2003 unless prescribed by the state govt. by general/special order.

The Forum shall pass order within a maximum period of 3 months from the date of receipt of complaint.

(2)     Any consumer aggrieved by the order of the Forum, non implementation of the order of the Forum by the distribution licensee and non-disposal of complaint by the Forum within the prescribed period may lodge his complaint with the Electricity Ombudsman within 30 days from the date of receipt of order of the Forum. The Electricity Ombudsman shall pass the award within 3 months from the date of receipt of the complaint.

Regulation - 16. Powers to remove difficulties.

If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, give the necessary clarifications, not being inconsistent with the Electricity Act, 2003, which appears to the Commission to be necessary or expedient for the purpose of removing difficulties.

Regulation - 17. Power to amend.

The Commission may, at any time vary, alter, modify or amend any provision of these Regulations after following the due process.

Regulation - 18. Approval of Forms/Formats/Notices.

All the Forms/Formats/Notices, as referred to in these Regulations, shall be devised by the licensees within one month from the date of Notification of these Regulations and shall be submitted to the Commission for its approval. Till such time these are approved by the Commission, the licensees shall continue to use the Forms/Formats/Notices already devised by them.

Regulation - 19. Repeal.

The Haryana Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2004 issued vide Regulation No. HERC/05/2004 and notified on 10th August, 2004, including its amendments issued subsequently, are hereby repealed. 

ANNEXURE I

Procedure for Determination of Connected Load

1.        Domestic Supply connection

The Connected load of a domestic supply connection shall be worked out in the following manner:-

Note:- While computing the connected load, only the total load of ACs or Geysers as per above formula, whichever is higher, shall alone be considered.

2.        For all connections other than Domestic Supply connections

The Connected load of a connection other than domestic supply connection shall be worked out in the following manner:-

 

ANNEXURE II

Assessment of electricity charges in cases of Unauthorized use/theft of electricity

(See Regulations 7 & 8)

(1)     Assessment of electricity charges in the case of Unauthorized use of electricity under Section 126 of the Act.

(a)      Where it is concluded that unauthorized use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorized use of electricity has taken place. If, however, in a case, where the period of unauthorized use of electricity cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.

(i)       The consumption of electricity in such case will be computed on the basis of the meter reading.

(ii)      If, the consumption of electricity cannot be computed on the basis of meter reading, then the same will be computed on the basis of the formula as detailed in Para 4 below.

(b)      The electricity charges already paid by a consumer for the electricity consumed during the presumptive period of assessment, if any, will be adjusted in the electricity charges assessed above.

(c)      The consumer will, on the basis of consumption of electricity computed as above, be liable to pay electricity charges at a rate equal to twice the tariff applicable for the relevant category in which the service should have been classified.

(d)      Electricity charges in all cases of unauthorized use of electricity will continue to be levied as in sub-Para (c) above till the cause of unauthorized use of electricity is rectified.

(2)     Assessment of electricity charges in cases of theft of electricity as per Section 135 of the Act.

(a)      Where it is prima facie established that theft of electricity has taken place, the consumption of electricity will be computed on the basis of the formula as detailed in Para 4 below.

(b)      The consumption of electricity so computed will be charged for a presumptive period of twelve months preceding the date of detection of theft at two times the normal tariff rate. The period of 12 months may however, be suitably reduced if the authorized officer, for reasons to be recorded in writing, is satisfied that theft of electricity has actually taken place for a lesser period.

(c)      The electricity charges already paid by a consumer for the electricity consumed during the presumptive period of assessment, if any, will be adjusted in the electricity charges assessed above.

(3)     Any liability under other Laws/Regulations or provisions of these Regulations will be in addition to the electricity charges payable in accordance with Para 1 & 2 above.

(4)     Formula for assessment of electricity consumption.

Quantity of units consumed per month shall be worked out as under: -

In cases where tariff is levied on the basis of connected load: kW x DF x H x D

In cases where tariff is levied on the basis of contract demand: MD x DF x H x D 

Where,

In the above equation, the demand factor, number of working hours per day and number of days per month, for various categories of consumers, shall be taken as below:-