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Chapter-IX- Terms and Conditions of Supply of Electricity

TERMS AND CONDITIONS OF SUPPLY OF ELECTRICITY

CHAPTER-IX
MISCELLANEOUS MATTERS

76. Consumer's Increased Load Requirement:-

(1) The procedure for sanction of additional power will be the same as for a new installation except that dues, if any shall be cleared before sanction of additional power.

(2) No High tension consumer shall connect any additional load in the existing High Tension service connection without obtaining the prior approval of the Electrical Inspector to Government as required under Rule 63 of the Indian Electricity Rules 1956 and without prior intimation to the Electricity Department to enable the department to take a revised Test Report from the Consumer. Failure to observe the above requirements shall render the supply liable to be summarily disconnected and the supply shall remain disconnected until the additional loads are tested and a revised Test Report is signed by the High Tension consumer.

(3) In the case of Low Tension Service connections, other than domestic service connection, were unauthorized additional load is detected, action will be taken as provided in Chapter – X.

(4) No additional load/demand will be sanctioned unless all outstanding dues in the same service connection have been paid.

(5) No consumer shall extend supply to any other premises.

(6) Any consumer, not covered by the Low tension Tariffs (Domestic), may make alterations, additions or repairs to his installations only as provided hereunder.

Should the consumer, at any time after supply of electricity has commenced, desire to increase the number or size of lights, fans, motors etc., in his premises or in any way alter the position of the wiring therein, he shall send notice thereof in writing to the department whose representative will call and inspect the proposed alterations, additions or repairs and, if necessary, change the meters and fuse and alter the service lines and the competent authority will accord sanction for the change in the connected load and then only the consumer shall change the connected load by connecting the additional load. A test report signed by his wiring contractor shall be submitted by the consumer and the cost of alteration, additions or repairs to the service line shall also be borne by him. Testing as per clause 20.00 shall apply to the alterations, additions or repairs made in the installation. Failure to give such notice may derange the supply system and will render the supply to the consumer liable to be summarily disconnected. During the period the period when such alterations, additions or repairs are executed, the supply o the circuit which is being altered, added to or repaired, must be entirely disconnected and shall remain disconnected until the alterations, additions or repairs have been tested and passed by the Engineer of the department.

(7) In the case of Low Tension service connections, the department is entitled to cancel the sanction of the unutilized sanctioned load after giving one month’s notice.

(a) If any part of the sanctioned load is not availed within 12 months from the date of service connection.

(or)

(b) If any part of the additional load sanctioned to an existing service connection is not availed within 12 months from the date of sanction.

77. Reduction In Contract Demand/Sanctioned Load:-

During the agreement period initial or extended, the consumer is entitled to get his contract demand/sanctioned load reduced by executing a fresh agreement. The reduction will be given effect to from the meter reading date following the expiry of 3 months period from the date of receipt of his request by the department. However, the minimum charge payable by the consumer in respect of the previous agreement shall be guaranteed against the current consumption charges payable against the new agreement by the consumer.

78. Shifting Of Service Connection :-

(1) The cost of shifting an existing service connection or a new service connection for which line is laid but service connection is yet to be effected shall be borne by the consumer/intending consumer. The consumer/intending consumer shall pay the above charges in advance in full. The shifting work will be taken up only after the payment is made. The estimate will cover the following:-

(a) Charges for dismantling at the old site;
(b) Charges for transport from the old site to the new site;
(c) Charges for re-erection at the new site;
(d) Depreciation on retrievable old materials, if any, not reused at the site
(e) Cost of new materials, if required;
(f) Cost of irretrievable materials;
(g) Overhead charges.

(2) Temporary dismantling and re-erection/shifting of a service connection within the same premises necessitated due to remodeling of premises will be carried out on payment of the required charges for the same.

(3) Shifting of an existing service connection will involve giving a new service connection if there is change in door number or sub-door number or survey field number. In the case of agricultural service, shifting of service connection is permissible within the contiguous land and owned by the same consumer. If a new service connection is to be given, the consumer shall execute a supplemental agreement for the changes due to the new service connection. The shifting work will be taken up only after the supplemental agreement is executed.

(4) No shifting of an existing service connection is permissible unless all arrears in the service connection are paid.

79. Transfer Of Service Connection:-

(1) Service connection can be transferred from one consumer to another person subject to the following conditions, namely:-

(a) The Consumer shall furnish a consent letter for transferring the installation to the transferee. In the absence of consent letter from the consumer, the transferee shall produce any one of the following documents, in respect of such premises:-

(i) Proof of heirship;
(ii) Proof of ownership;
(iii) Proof of occupancy (only in respect of domestic Services);

(b) An indemnity bond shall be executed by the consumer indemnifying the department against all disputes that may arise out of such transfer.

(c) There shall be no arrears outstanding against the installations.

(d) The transferee shall,-

(i) furnish certified photo copy of the transfer deed/sale deed, if any;
(ii) execute a fresh power supply agreement with the department and furnish fresh application;
(iii) furnish certified photo copy of the licence/clearance issued in his favor by the local authority concerned is such licence/clearance is required under any statute;
(iv) under take to pay any dues that may arise due to any short claims detected at a later date even in respect of period prior to the date of transfer;
(v) pay fresh deposit as if he is a new consumer.

(2) The power supply agreement with the original consumer is deemed to be terminated from the date of order of transfer of installation or from the date of expiry of 7 days from the date of compliance of required formalities by the transferee whichever is earlier.

80. Conversion From One Type Of Use To Another Type Of Use :-

(1) When there is no change in the sanctioned load, the department may permit use of power from domestic lighting to commercial purpose and vice-versa subject to the following conditions, namely:-

(a) An application shall be made;
(b) Additional deposits, if any, shall be paid;
(c) A fresh agreement applicable to the new type of use shall be executed and licence, if any, required under the statute, shall also be furnished;
(d) Contractor’s completion-cum-test report shall be furnished if there is any change in the wiring.

(2) The department may permit conversion of an existing H.T. installation to an L.T. installation if the connected load is not more than 75 KW subject to the following conditions (even during initial period of agreement also), namely:-

(a) An application shall be made;
(b) The transformer and associated equipments shall be handed over the department without any charges;
(c) A fresh agreement applicable to L.T. class of supply shall be executed and other requirements as may be applicable to this class of supply shall be complied with;
(d) Arrangement shall be made by the consumer for installation of the L.T. metering equipment at a suitable place acceptable to the department.
(e) The L.T. Tariff shall be applicable from the date of meter reading following the date of approval for conversion of the installation and the H.T. agreement stands terminated from that date;

(3) The department may also permit conversion of an existing L.T. installation into an H.T. installation subject to compliance with all the requirements applicable for H.T. supply.

(4) Where a consumer is being classified under a particular category and is billed accordingly and it is subsequently observed that the classification is not correct, the department may alter the classification, after issue of notice.

81. Restrictions On Use Of Electricity:-

(1) The Consumer shall curtail, stagger, restrict, regulate or altogether cease to use electricity when so directed by the department if the power position or any other emergencies in the department’s power system warrants such a course of action and the department shall not be responsible for any loss or inconvenience caused to the consumer as a result of such curtailment, staggering, restriction, regulation or cessation of use of electricity.

(2) Notwithstanding anything contained in any agreement/undertaking executed by a consumer with the department or in the tariff applicable to him, the consumer shall restrict the use of electricity in terms of his maximum demand and/or energy consumption in the manner and for the period as may be specified in any order that may be made by the U.T. Government or the department.

(3) The consumer shall not keep connected to the department’s supply system any equipment which in the opinion of the Engineer of the department is likely to interfere with or affect injuriously the department’s supply system. In such an event, the supply to the consumer will be disconnected if, after issue of a 24 hours’ notice, the equipment is not removed. The supply will be restored only after the equipment is removed.

(4) If a consumer is found to have violated grouping restriction/peak hour restrictions imposed by the department, his service connection will be immediately disconnected and it will remain disconnected for a period of seven days.

(5) When the Government or the department imposes restrictions on the use of power and/or energy, the department may levy deterrent charges (besides disconnecting the installation without notice) as may be stipulated from time to time, on the quantum of power and/or energy drawn in excess of the restricted quantum.

82. Resale Of Energy:-

(1) The consumer shall not supply part or whole of the energy supplied to him by the department to any other person unless he gets the approval of the department and also holds a suitable sanction or licence for distribution and sale of energy granted by the U.T. Government.

(2) If a consumer is detected to be supplying energy unauthorisedly at any time, he shall be liable to pay compensation charges and supply shall be disconnected if the unauthorised supply is not discontinued within 24 hours.

Explanation:- For the purpose of this condition, the unauthorised supply of energy shall mean, the supply of energy by consumer to any other person from energy drawn by him from the department, irrespective of whether supply is charged in any form or not. However, the supply of energy by the owner of a building to his tenants or by any establishment or person to lessees, employees and/or to the areas used for the welfare/amenities of employees shall not be considered as unauthorised supply of energy.

83. Discontinuous Due To Default Of Power Supply Charges:-

Where any consumer defaults in payment of

(a) Charges for the supply of electricity and/or
(b) Minimum charges where charges where supply is under disconnection and/or 
(c) Unconnected Minimum charges due in respect of a service for which supply is sanctioned and made ready but not availed and/or
(d) Any other sum payable to the department under the contract of supply or the tariff and terms and conditions of supply notified by the department under section 49 of the Electricity supply Act, the department, may without prejudice to its other rights cause to be disconnected all or any of the other services of the consumer, though such services be distinct and are governed by separate agreements and though no default occurred in respect there of.

84. Disconnection Due To Demolition:-

Where, subsequent to commencement of supply of electricity, the building is to be demolished or abandoned or the department’s equipments are likely to be damaged, the supply will be disconnected and the department’s equipments removed. The consumer shall however pay the expenses incurred for dismantling, and the minimum monthly charges till the agreement is terminated besides special guarantee, if any.

85. Disconnection Due To Eviction :-

Where subsequent to commencement of supply of energy by the department, any order has been made in any proceedings initiated under any law for the time being in force for evicting the consumer from the premises to which supply has been given under the agreement entered into with such consumers and if an appeal has been filed against such order of eviction, the Assistant Executive Engineer/Assistant Engineer of the department may on the application of the person at whose instance such order has been passed, discontinue supply of energy to such premises and remove its installations and equipment and its action shall not be liable to be questioned as a branch of agreement or otherwise. He shall without prejudice to other rights of department recover from such consumers the expenses incurred for dismantling its installations and removing its equipments.

86. Disconnection Due To Non-Production Of Licence:-

Where the consumer requires a licence or permission from any statutory authority to run the business or industry for the purposes of which he seeks or is availing supply of electricity or for locating such business or industry at the place where he is receiving such supply and the conduct of his business or industry at such place becomes unlawful by reasons of his failure to obtain initially or secure the continuance of such licence or permission, the Assistant Executive/Assistant Engineer of the department, may if desired by the concerned statutory authority, who has exhausted all the means available to him discontinue supply without forfeiting of its rights under the agreement with the consumer.

87. Discontinuance Due To Testing/Maintenance:-

The department may, for reasons of testing or outage or maintenance or for any other reason, temporarily discontinue the supply for such period as may be necessary. The department, will, wherever possible, give advance notice in this behalf.

88. Discontinuance Due To Violations :-

(1) Without prejudice to other rights of the department, the department will be entitled to disconnect supply of electricity, namely:-

(a) if there is reason to believe that the consumer has contravened any provisions of Indian Electricity Act 1910 or Electricity (Supply) Act 1948 or Indian Electricity Rules 1956 or ‘Restriction and Control’ orders or the Terms and Conditions of Supply of Electricity or committed breach of his agreement with the department;

(or)

(b) if it is found that the consumer had obtained the service connection or additional load by furnishing false information or by fraudulent means.

(2) In the event of supply being disconnected for any reason, all the charges payable by the consumer shall become due and recoverable forthwith and the consumer shall continue to pay the minimum monthly charges as per the tariff till the date of termination of the agreement. The consumer shall also be liable to pay the special guarantee, if any.

89. Discontinuance On Consumer Request:-

(1) A consumer’s request to disconnect the service connection temporarily upto a period of one year will be considered for bonafide reasons such as demolition, remodeling of building, or, alteration of electrical wiring in the building provided that the consumer is in actual occupation of the whole of the premises. The consumer, will however, have to pay the minimum monthly charges as provided in the tariff during the period of disconnections.

(2) If any tenant enjoying a separate service connection in the building requests continuance of supply, the department will endeavor to give alternative supply, provided that the tenant produces proof of lawful occupation.

(3) A consumer about to vacate or sublet his premises should give the department fifteen days’ notice in writing enable disconnection of the supply to the premises; otherwise the department cannot guarantee that the meter readings will be taken on the required date. Failing such notice, the consumer will be held responsible for energy consumed in the premises in respect of which the department holds its agreement for the supply of electricity and for the safety of the department's fittings, installations and equipments in the premises until such date as notice of vacation in writing has been received at its office.

90. Hiring Of Equipments :-

The department may lend or hire its equipment and property to a consumer on such conditions as it may fix from time to time. Consumers who take on hire and or use the equipment or property of the department shall abide by such terms and conditions and pay such charges therefore as may be levied by the department from time to time.

90 A. Installation Of Captive Generating Sets :-

Permission of the department shall be obtained before connecting any captive generating set in any premises supplied with electricity by the department. Permission of the Electrical Inspector to Government should also be obtained. This is to ensure that these generating sets do not inadvertently feed into the electric supply system and cause damage to department's property or injury to department's personnel. Violation of this rule will entail immediate disconnection of supply of electricity to the premises and recovery of the cost of damages.

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