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Chapter-X- Terms and Conditions of Supply of Electricity

TERMS AND CONDITIONS OF SUPPLY OF ELECTRICITY

CHAPTER-X
VIOLATIONS AND THEFT OF ENERGY

91. Introduction:-

(1) Contravention of any provisions of the Terms and conditions of Supply of Electricity prescribed by the department, Indian Electricity Act, 1910, Electricity (Supply) Act, 1948, Indian Electricity Rules 1956 and any other law governing the supply of electricity or rules framed thereunder shall be treated as violation and the consumer indulging in any violation shall be liable for action as may be prescribed by the department in this behalf.

(2) Violations and the action to be taken in respect of each violation have been provided for in the clauses in the Terms and Conditions of Supply of Electricity.

(3) Only those violations for which compensation charges or extra levy are payable by consumers are dealt with. The details of compensation charges payable by consumers for various violations and the extra levy payable by consumers for theft of energy are stated in this Chapter.

92. Violations And Compensation Charges:-

(1) Compensation charges for violations shall be payable in addition to any other charges payable by the consumer in respect of the service connection at the rates notified in the Tariff Notification, Terms and Conditions of Supply of Electricity and `Restriction and Control' orders.

(2) The action that shall be taken by the consumer and the compensation charges that shall be paid by the consumer in respect of violations in metered Low Tension Service connections are as follows:-

Sl.No Violation Action
i) Supply from a live service connection to a disconnected service connection a) Removal of violation within 24 hours of receipt of notice failing which supply will be disconnected;

and

b) Payment of compensation charges as per formula given in clauses 95 (1) and (2)

ii) Unauthorised supply of energy as defined in the clause 82
iii) Exceeding the contracted load without the permission of the department a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected;

and

b) Payment of compensation charges as per formula given in clauses 95 (1) and (2)

iv) Unauthorised extension/shifting to any premises other than that for which supply is given
v) Use of electricity for a tariff other than that for which supply is given when the wrong use is for a tariff other than Low Tension Tariff (Power Loads) or (Agriculture)
vi) Use of electricity for a tariff other than that for which supply is given - when the wrong use is for Low Tension Tariff (Power loads) or (Agricultural) a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected;

and

b) Payment of compensation charges of Rs.300/- per HP (or part thereof) of extended load.

vii) Increasing the total connected load in Low Tension service connection beyond the limit of 130 HP. a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected;

and

b) Payment of compensation charges as per formula given in clauses 95 (1) and (2).

(3) The action that shall be taken by the consumer and the compensation charges that shall be paid by the consumer in respect of violations in unmetered Low Tension Service connections are as follows:-

Sl.No Violation Action
i) Supply of energy from a live agricultural service connection to a disconnected service connection of any tariff a) Removal of violation within 24 hours of receipt of notice failing which supply will be disconnected

and

b) Payment of compensation charges at Rs.300/- per HP (or part thereof) or equivalent KW of the load to which supply was extended,

ii) Unauthorised supply of energy as defined in the clause 82
iii) Unauthorised extension from an agricultural service connection to any premises other than that for which supply is given a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected

and

b) Payment of compensation charges at Rs.300/- per HP (or part thereof) of the extended load.

iv) Use of electricity in an agricultural service connection for other purposes a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected

and

b) Payment of compensation charges at Rs.300/- per HP (or part thereof) or equivalent KW of the unauthorised load.

v) Exceeding the contracted load in agricultural service connection without the permission of the department. a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected

and

b) Payment of compensation charges of Rs.150/- per HP (or part thereof) of the load in excess of the contracted load

vi) Unauthorised addition/alteration extension in hut service connection a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected

and

b) Payment of compensation charges at Rs.25/- per 60 watts or part thereof of unauthorised load.

(4) The action that shall be taken by the consumer and the compensation charges that are to be paid by the consumer in respect of violation in metered High Tension service connections are as follows:-

Sl.No Violation Action
i) Unauthorised extension shifting to any premises other than that for which supply is given a) Removal of violation within seven days of receipt of notice, failing which supply will be disconnected;

and

b) Payment of compensation as per formula given in clauses 95 (1) and (2)

ii) Exceeding the contracted demand without the permission of the department

93. Additional Loads In Low Tension Service Connections:-

Additional loads connected in service connections under Low Tension Tariff (Domestic), without the permission of the department will not be considered as unauthorised.

94. Tolerances In Connected Load :-

Tolerances will be allowed in Low Tension service connections under tariff (Public Water Supply) and power loads upto 20% of the contracted load or 5 HP whichever less.

95. Assessment Of Compensation Charges :-

(1) Compensation charges to be levied for violations covered under items (vi) of clause 92 (2) and items (i) to (vi) of clause 92 (3) shall be as indicated therein. For violations covered under items (i) to (iv) and (vi) of clause 92 (2), the consumption in units shall be calculated as per the following formula:-

(a x b) / c

where

a = Total consumption recorded during the preceding period of six months or from
      the date of service connection whichever period is less.
b = Excess load or misused load or unauthorisedly extended load or unauthorisedly
      shifted load found at the time of inspection.
c = Total connected load found at the time of inspection.

(2) The units so arrived at will be charged at the following rate in respect of violations covered under items (i) to (v) of clause 92 (2) :-

Highest Low Tension Tariff rate x 2

The charges arrived at will be rounded off to the next higher rupee.

(3) For violations covered under item (vii) of clause 92 (2) the units so arrived will be charged at the following rate :-

Highest Low Tension Tariff rate x 3

The charge arrived at will be rounded off to the next higher rupee.

(4) The charges so arrived at in clauses 95 (2) and (3) above will be subject to a minimum of Rs.250/-

(5) For violation covered under item (i) and (ii) of clause 92 (4) the consumption in units shall be calculated as per formula contemplated in clause 95 above.

(6) The units so arrived at will be charged at the following rate in respect of violation covered under items (i) and (ii) of clause 92 (4), namely:-

(i) Highest High Tension Tariff x 2 and excess over demand at twice the normal rate per KVA per month;

(ii) The charges arrived at will be rounded off to the next higher rupee.

(7) The charges so arrived at in clause 95 (6) above will be subject to a minimum of Rs.1000/-.

96. Procedure For Collecting Compensation Charges And For Taking Other Action:-

(1) On detection of violation, the officer authorised to issue show-cause notice as per clause 60, will issue a notice to the consumer (vide Appendix-IV) asking him to remove the violation within 24 hours or seven days as the case may be, failing which the supply will be disconnected and to show-cause why the compensation charges should not be levied for having committed the violation. Reply to show-cause notice shall be sent by the consumer within seven days from the date of receipt of notice.

(2) If the consumer fails to send the explanation within the stipulated time or if the explanation is not satisfactory, the Officer authorised to issue show-cause notice will send a report to the Assessing officer. The Officer authorised to make assessment will, if convinced that there has been a violation, assess the compensation charges payable and intimate it to the consumer directing him to pay the charges in four equal monthly installments the first instalment to be paid within 15 days from the date of receipt of the assessment notice by the consumer (vide Appendix - V). Failure to pay any of this instalments within the due date will result in disconnection of supply to the service connection of the consumer without any further notice.

(3) If the consumer desires to prefer an appeal to the appellate authority, he may do so within 60 days from the date or receipt of the assessment notice by him.

97. Multiple Violations:-

(1) If any consumer commits more than one violations in the same service connection, each violation will be dealt with separately and compensation charges will be separately for each violation.

(2) Where an act of violation committed by a consumer in his service connection automatically comes under the purview of more than one of the individual violation described in clauses 92 (2), 92 (3) and 92 (4), action will be taken in respect of only one violation which attracts the highest compensation amount.

(3) Where a consumer commits more than one act of violation in his service connection at the same time and the individual violations are such that any one of these violations is not automatically the result of any other, then such violation will be dealt with separately and compensation charges will be levied separately for each act of violation.

97-A. Second Or Subsequent Violation:-

(1) If any consumer commits a second or subsequent violation in the same service connection, action will be taken as follows:-

Sl.No Violation Action
i) For the second time within five years from the date of detection of the first violation Supply will be kept disconnected for one month
ii) For the third time and for subsequent times within five years from the date of detection of the first violation Supply will be kept disconnected for three months

(2) In addition, compensation charges for the violation shall be payable as per clause 92 (2), (3) and (4).

98. Theft Of Energy And Extra Levy:-

(1) Any consumer who dishonestly abstracts or uses energy shall be deemed to have committed theft within the meaning of Indian Electricity Act, 1910 as amended and the Indian Penal Code and the existence of artificial means for such abstraction shall be prima-facie evidence of such dishonest abstraction. Illegal restoration of supply to one's disconnected service connection will fall under this category.

(2) Extra levy for theft of energy will be made for a period of 6 months or from the date of service connection to the date of defection, whichever period is less, at the rates given below:-

(i) For energy:-

(a) Low Tension service connections:-

Highest Low Tension Tariff rate x 2 The charge arrived at will be rounded off to the next higher rupee.

(b) High Tension service connections:-

Highest High Tension Tariff rate x 2 The charge arrived at will be rounded off to the next higher rupee.

(ii) For maximum demand: (in High Tension service connections)

Highest High Tension tariff rate for maximum demand x 2

Extra levy for illegal restoration of supply to a disconnected service connection will be made for a period of six months immediately preceding the date of detection of the violation or for the period from the date of disconnection of the service connection to the date of detection of the illegal restoration, whichever period is less, at the rates given above.

(3) The extra levy will be assessed as follows:-

A. Low Tension Service Connections: The quantity of units consumed shall be worked out by means of the following formula, adopting the figures furnished in the Tables A and B given below:-

FORMULA
    Connected load found at the time of inspection
x Load Factor x Number of hours per day
x Duration in days (vide cause 98 (2))
UNITS CONSUMED = ----------------------------------------------------------------
    Diversity Factor

TABLE-B

Category Diversity Factor Load Factor Number of Hours Per Day
a) Domestic 2.0 40% 12
b) Non-Domestic and Commercial 1.1 90% 12
c) Industrial Including cottage industries 1.0 80% As per details in the Table-B below
d) Agricultura 1.0 80% 10
e) Hut 2.0 40% 12

TABLE-B

Category Number of hours per day
i) Day shift only 8
ii) 2 - shifts 16
iii) 3 - shifts 24

(3) High Tension service connections:-

(i) Demand charges: For the purpose of assessment of maximum for the month, the sanctioned demand of the consumer will be taken as the maximum demand;

(ii) Energy charges: Quantity of electricity consumed will be worked out as under:-

(a) Industrial:-

One Shift:- Maximum Demand in KW x 8 hours x duration in days (vide clause 98 (2))

Two Shift:- Maximum Demand in KW x 16 hours x duration in days (vide clause 98 (2))

(b) Non-Industrial:-

Maximum Demand in KW x 12 hours x duration in days (vide clause 98 (2))

(4) The energy consumption arrived at as per clause 58.03 will be charged excluding the energy consumption and the maximum demand recorded by the meter as per the rates specified in clause 98 (2) for both High Tension and Low Tension service connections. If any consumer desires to prefer an appeal to the appellate authority, he may do so within sixty days from the date of receipt of the assessment notice by him.

99. Procedure For Collection Of The Extra Levy:-

(1) On detection of theft of energy, the Officer authorised as per clause 101 will issue a notice to the consumer asking him to show-cause within seven days from the date of receipt of the notice why extra levy should not be made for having committed theft of energy (vide Appendix-VI). This is without prejudice to the other rights of the department and to the criminal proceedings against the consumer.

(2) If the consumer fails to send his explanation within the stipulated time or if the explanation is not satisfactory, the extra levy will be assessed by the officer authorised as per clause 101 and a notice sent to the consumer asking the consumer to pay the extra levy in one lumpsum (vide Appendix-VII).

(3) Extra levy for theft of energy shall be payable in addition to any other charges payable by the consumer in respect of the service connection at the rates notified in the Tariff Notification, Terms and Conditions of Supply of Electricity and Restriction and Control' orders.

100. Second Or Subsequent Theft/Violation :-

(1) If a consumer commits a violation with theft(s) committed earlier within a period of five years from the date of detection of the theft(s) or if a consumer who has committed theft(s) or violation (s) commits theft(s) within a period of five years from the date of detection of the theft(s) or violation(s), action be taken as follows:-

Theft or Violation Action to be taken
(i) For the second time within five years Supply will be kept disconnected for three months
(ii) For the third time and for subsequent times within five years Supply will be kept disconnected for one year

In addition, compensation charges/penal levy for the violation of theft shall be payable as per clause 92 (2), (3), and (4) and 98 (2) as the case may be.

101. Authorised Officers:-

The officers authorised to inspect service connection, issue show-cause notice, make assessment and function as appellate authority in cases of violation or theft of energy are as follows:-

Sl. No Type of service connection Officers authorised
To inspect To issue show cause notice To make assessment As appellate authority
i) Low Tension Service connection including temporary service connection Any officer not below the rank of Junior Engineer Assistant Executive Engineer/Assistant Engineer Executive Engineer Superintending Engineer
ii) High Tension service connection including temporary service connection Any officer not below the rank of Junior Engineer Executive Engineer Superintending Engineer Principal Engineer

102. Memorandum Of Appeal:-

The consumer shall, if he desires to prefer an appeal mentioned in clauses 97 (3) and 98 (4), file the memorandum of appeal in four copies duly signed by him (appellant) with such other documents and material as he deems relevant in the matter. The appeal should be made to the appellate authority within the period specified in clauses 97 (3) and 98 (4).

103. Disposal Of Appeal :-

The appellate authority will dispose of the appeal (confirm, modify or set aside the assessment) after considering the memorandum of appeal and the material placed before him by the appellant and other materials pertaining to the enquiry. The appellate authority will furnish the reasons leading to the conclusion arrived at by him. It shall not be obligatory for the appellate authority to give a personal hearing; but if a request is made for such hearing by the appellant, the appellate authority will grant personal hearing to the appellant. The appellant may be represented by an advocate or any other person at such hearing, provided that the appellant files proper Vakalath or power of attorney, as the case may be.

104. Power Of Officers To Intervene:-

(1) Where it is considered after disposal of a case of violation or theft of energy that there had been under assessment, the Principal Engineer/Secretary to Government (power) may suo-mote call for and examine the records of any order passed or proceedings recorded by the assessing authority or appellate authority for the purpose of satisfying himself regarding the propriety or legality of such orders or proceedings and may pass such other in reference thereto as he may think fit.

(2) No order adverse to the consumer will be passed without giving an opportunity to the consumer to represent against the proposed order. The order passed will be final. 

(3) The Secretary to Government's suo-moto powers shall include cases where suo-moto powers have been exercised by the Principal Engineer.

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