Application for Supply

4. The application after filling in shall be signed by the owner or the occupier with the consent of the owner of the premises for which supply is required and shall be submitted at the local office of the engineer along with a fee, if any, prescribed by the licensee but not exceeding rupees twenty five only together with a sketch map of the premises and documentary evidence of his ownership or occupation of the premises in question. Any assistance or information required for filling up the application may be obtained by the applicant from the local office of the engineer.

5. Notwithstanding anything contained in Regulation 4, the licensee may grant connection to the premises of any applicant, and the licensee’s engineer may dispense with documentary evidence of lawful occupation of the premises at his discretion. In cases where such documentary evidence of lawful occupation of the premises is dispensed with, any documentary evidence regarding electricity connection or payment of bills raised by the licensee for consumption of electricity will not constitute evidence for the purpose of lawful occupation of the premises in any municipal record, revenue record or any court of law.
Explanation : Any consumer who has been granted connection under this provision shall be deemed to be an occupier for the purposes of the licensee notwithstanding that his occupation is found by any court, tribunal or other authority to be not bonafide or lawful.

6. All applications for supply of power shall be filed at least thirty days before the expected date of supply, where distribution mains have been laid and power supply commenced. In case of high tension service or service requiring extension of the licensee’s distribution mains, the prospective consumer shall submit his application not less than ninety days in advance provided that for contracting loads at HT or EHT in excess of 5 MW up to 10 MW, application shall be made two years in advance and for contracting loads in excess of 10 MW three years in advance.

7. An applicant, who is not the owner of the premises occupied by him, shall execute an indemnity bond, indemnifying the licensee against any damages payable on account of any dispute arising out of supply of power to the premises.

8. When the applicant’s premises have no frontage on a street and the service line from the licensee’s mains has to go over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the applicant and such other person) the applicant shall obtain at his own expense necessary way-leave, licence, sanction, or other right or interest from the adjoining owner or co-owner. The licensee shall not supply power until such way-leave, licence, sanction or other right or interest is obtained and produced. Any extra expenditure incurred in placing the service line in accordance with the terms of way leave, licence sanction or other right or interest obtained from the owner or co-owner shall be borne by the applicant. No way-leave, licence sanction or other right or interest once granted shall be cancelled or withdrawn, without giving six months notice by registered post to the engineer and the concerned consumer and a provision to this effect should be incorporated in the terms of the way leave, licence, sanction, or other right or interest arranged by the consumer and submitted to the licensee. The consumer may however arrange for alternative route, if any, to retain the supply of power. In all such cases the consumer shall bear the cost of diversion and other incidental expenses as may be estimated by the engineer. It shall not be incumbent on the licensee to ascertain the validity or adequacy of the way-leave, licence, sanction, or other right or interest obtained by the applicant.

9. The service connection to an applicant for industrial or commercial purpose may be given without prejudice to his liability to obtain permission or sanction, etc. from any other authority or body.

10. If the applicant in respect of an earlier agreement executed in his name or in the name of his spouse or in the name of a firm or company with which he was associated either as a partner, director or managing director, is in arrears of electricity dues or other dues for the same premises payable to the licensee, the application for supply shall not be allowed by the engineer until the arrears are paid in full.

11. Applications for domestic or commercial purpose for a load demand of 3 KW or less within a radius of 0.9 Km. of the existing 11/0.4 KV or 33/0.4 KV sub-station shall be treated as viable and feasible. Viability and feasibility will be examined in other cases.

12. (1) Within three days of receipt of the application for LT supply, three clear days notice shall be sent by the licensee to the applicant or to the licensed contractor acting on his behalf for the applicant or his representative to be present for the purpose of inspection of the premises and fixation of the point of entry of supply mains and the position of mains, cut-outs or circuit breakers and meters. The licensee will in no case fix meters and main cut-outs nor will allow the same to remain in any position which entails entry of the licensee’s employees into private or religious quarters.
(2) The licensee shall respond to the application for supply at HT within sixty days stating whether the connection is feasible or not. If feasible, the licensee shall intimate voltage at which supply will be given and point of commencement of supply.
(3) The licensee shall forward the application for supply at EHT to the transmission licensee within three days of its receipt for its further processing in terms of provisions in the Grid Code. The licensee shall obtain the final reply regarding feasibility from the Transmission and Bulk Supply Licensee and communicate the same to the applicant within sixty working days of receipt of application.

13. (1) 13. (1) 13. (1) 13. (1)

(a)After the point of entry of the supply mains and the position of mains, cut-outs or circuit breakers and meters have been settled as provided for in Regulation 12 above, the licensee shall supply to the applicant within a period of one week an estimate of the cost of carrying out the work along with security deposit required. The form of licensed contractors’ completion and test report also shall be forwarded by the licensee to the applicant. Before the work of laying the service line is taken up, the applicant shall pay in full the cost of laying the service line as per estimate prepared by the engineer in accordance with the Indian Electricity Rules, 1956.

(b) If supply is requested at HT or at EHT, the licensee shall intimate the applicant the estimated charges and time required for providing new connection within sixty working days of notifying feasibility of supply as provided in Regulation 12 above. The form of licensed contractors’ completion and test report also shall be forwarded by the licensee to the applicant. Before the work of laying the service line is taken up, the applicant shall pay in full the cost of laying the service line as per estimate prepared by the engineer in accordance with the Indian Electricity Rules, 1956.

(c) After the deposit has been duly made, orders for taking up the work shall be issued within a period of three days from the date of deposit. The amount deposited by the applicant shall be subsequently adjusted, if necessary, on compilation of the figures of the actual cost of the service lines. The balance amount, if any, shall be refunded to the consumer by way of adjustment in the first electricity bill. Any expenditure incurred in excess of the amount deposited by the applicant shall be paid by the applicant within fifteen days of demand.

(2) Service lines for temporary connections shall be laid by the licensee where possible and the estimated cost for laying and removing such service lines together with estimated energy charge shall be paid by the applicant in advance on demand by the licensee.

(3) Where any difference or dispute arises as to the cost or fixing of the position of service lines, the matter shall be referred to the Electrical Inspector for decision.

Licensee’s Obligation to Supply

14. (1) The supply of power shall be made, if it is available in the system, technically feasible and remunerative as per the norms fixed by the licensee with the approval of the Commission and the applicant enters into an agreement in the Standard Agreement Form (Form No.1) or Form of Requisition (Form No.2) under Regulation 15 accepting the terms relating to tariff and other conditions of supply of the licensee.
(2) In case the scheme of supply is not remunerative as above, the applicant shall be required to bear the portion of charges to make the scheme remunerative.
(3) No additional power shall be supplied by licensee unless all arrear charges for the existing power supply have either been paid in full or paid in accordance with an instalment facility granted by the licensee for unconditionally paying the arrears within the stipulated time.

Agreement

15. Every person whose application for initial supply or subsequent additional supply of power has been processed by the licensee, shall before taking such supply execute an agreement in the standard format prescribed in Form No.1 of this Code and will deposit security amount as may be prescribed by the licensee. In the case of non-remunerative schemes, portion of charges as indicated in Regulation 14 (2), will also have to be deposited. Such agreement shall not be required for domestic and commercial consumers and their applications for power supply in the form prescribed in Form No.2, if accepted, shall constitute the agreement between the licensee and the consumer. The duplicate copy of the application in Form No.2 shall be handed over to the applicant with endorsement of acceptance for his reference and record.

16. Whenever restriction on power supply is imposed by the State Government under section 22-B of the Indian Electricity Act, 1910 and power purchased from other States or agencies is supplied to the consumer on special request, a supplementary agreement shall be executed which shall remain in force for the period of such restriction.

Deemed Termination of Agreement

17. If power supply to any consumer remains disconnected for a period of two months for non-payment of charges or dues or non-compliance of any direction issued under this Code, and no effective steps are taken by the consumer for removing the cause of disconnection and for restoration of power supply, the agreement of the licensee with the consumer for power supply shall be deemed to have been terminated on expiry of the said period of two months, without notice, provided the initial period of agreement is over.

18. On termination of the agreement, the licensee shall be competent to remove the service line and other installation for supply of power from the premises of the consumer.

Record of Disconnection and Reconnection

19. A record of disconnection and reconnection shall be maintained by the licensee. The licensee shall intimate the date of disconnection to the consumer within seven days of disconnection.

Security Deposit

20. Any person entering into an agreement with the licensee for supply of power shall deposit such amount to cover charges for supply of two months or less as may be determined by the licensee from time to time for the relevant consumer category. In case of phased contract demand, the security deposit will be accordingly phased. Enhanced security deposit shall be payable thirty days prior to each scheduled enhanced demand. Provisions to this effect shall be incorporated in the agreement.

21. The security deposit shall be paid in cash or by bank draft. It may also be paid by cheque or by credit card, where specifically allowed by the licensee.

22. No interest shall be payable on the security deposit during the subsistence of the agreement unless otherwise decided by the licensee.

23. The security deposit shall be returned to the consumer only after the termination of the agreement and after adjustment of outstanding dues, if any, within a period of one month from the date of termination. In case of non-refund of such security deposit during the aforesaid period, it shall carry interest at the rate of 2% per month payable to the consumer. Before termination of the agreement, the licensee is entitled to adjust the whole or part of the security deposit towards arrears payable by the consumer. During continuation of the agreement, when the licensee adjusts the security deposit towards arrears, the consumer is liable to make up the security deposit or the part of the security deposit so adjusted by the licensee.

Service Line

24. (1) Upon compliance of all conditions including technical feasibility and viability, the licensee shall lay service line, portion of which up to a maximum distance of 30 meters from the nearest distribution mains upto a convenient point on the boundary of the applicant’s property to which power is proposed to be supplied shall be free of cost. The proportionate cost of service line, poles and fittings, if any, in excess over the free lead of 30 meters shall be borne by the applicant;
Provided that in case of temporary supply, the licensee’s estimated cost of laying the line at the time of connection and removing of service line at the time of disconnection shall be borne by the applicant.
(2) The main cut-outs or fuses shall be inserted and sealed by the licensee free of cost to the consumer.

25. (1) In case of a HT or EHT feeder directly taken to the consumer’s premises for his exclusive use from the licensee’s sub-station or from the transmission licensee, the metering arrangement shall be done at the consumer’s premises or, if mutually agreed between the licensee and the consumer, at the licensee’s sub-station itself. When the metering arrangements are installed in the consumer’s premises, the position of the service cut-outs or circuit breakers and meters shall be so fixed as to permit easy access to the employees of the licensee at any time.
(2) An applicant requiring high voltage or extra high voltage supply must provide and maintain at his expense a locked and weather-proof enclosure of a design approved by the licensee for the purpose of housing the licensee’s metering equipment. Such an enclosure may be used by the applicant for his own metering equipment.

26. Where the shifting of the service line within the same premises is undertaken on the request of the consumer, the entire charge on account of shifting including the cost of additional materials if any shall be borne by the consumer and shall be payable within fifteen days of licensee’s demand. In other cases, where shifting is necessary in public interest or for convenience of the licensee, the consumer shall extend full co-operation but shall not be required to pay any charges.

27. The entire service line, notwithstanding that a portion thereof has been paid for by the consumer, shall be the property of the licensee and shall be maintained by the licensee who shall always have the right to use it for the supply of energy to any other person unless the line has been provided for the exclusive use of the consumer through any special arrangement agreed to in writing.

Point of Supply

28. Unless otherwise agreed to, the supply shall be at a single point at the out-going terminals of the licensee, i.e.,

1. Cut-outs or circuit breakers in the case of low tension consumers, and

2. Control switch gear or circuit breaker or high tension fuses that may be installed in the licensee’s or consumer’s premises as mutually agreed in the case of high tension or extra high tension consumers subject to provisions of this Code.

Wiring on Consumer’s Premises

29. (1) For the protection of the consumer and the public it is necessary that the wiring on the consumer’s premises should conform to the Indian Electricity Rules, 1956 and the rules of the insurance company with which the building may have been insured and will be carried out by a licensed contractor. The material used for wiring shall comply with the standards laid down in that behalf by the Bureau of Indian Standards or equivalent. As soon as the applicant’s licensed contractor completes the wiring and other electrical installation in the premises, the applicant shall submit to the licensee, the contractor’s completion and test report.
(2) As required by Rule 45 of the Indian Electricity Rules, 1956, no electrical installation work including addition, alteration, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, low voltage domestic appliance and fittings as in no way alter the capacity and the character of the installation, shall be carried out within the premises of any consumer or owner for the purpose of supply of energy to such consumer or owner, except by a contractor licenced by the appropriate authority in this behalf and under the direct supervision of a person holding a certificate of competency issued or recognised by the appropriate authority. Any person committing a breach of Rule 45 of the Indian Electricity Rules, 1956 shall render himself liable to punishment under Rule 139 of the said Rules.

Installation of Equipments and Apparatus of the Consumer

30. All transformers, switch-gear and other electrical equipment belonging to the consumer and connected to the mains of the licensee shall be maintained to the reasonable satisfaction of the licensee.

31. Low tension consumers shall in all cases and at their cost provide a safety device in the form of linked quick break main switch and a main fuse on each phase other than the earthed neutral at the point of commencement of supply. The switch shall be fixed as near as possible to the meter board or meter box.

32. In the case of high tension or extra high tension consumer, suitable protective devices approved by the licensee shall be used so as to afford full protection to the licensee’s apparatus placed on the consumer’s premises. In case a high tension or extra high tension consumer is directly connected to a Transmission Licensee’s sub-station, the Distribution Licensee shall obtain the concurrence of the Transmission Licensee before giving approval as above. A high tension consumer or extra high tension consumer requiring a supply of 1000 KW and above shall install at his cost suitable circuit breakers of approved make with sufficient rupturing capacity as specified by the licensee on the incoming side of his load fitted with automatic protective devices, so adjusted that the circuit breakers supplied by the consumer operate before terminal circuit breaker or the isolating apparatus of the licensee is activated. A high tension consumer requiring supply below 1000 KW shall provide on the high tension incoming side of his load a gang operated triple pole isolating switch of approved make with high tension fuses of fast blowing characteristics or circuit breaker of adequate rupturing capacity which should be so adjusted that they blow off or operate before the protective devices in the licensee’s terminal circuit breaker or isolating apparatus operate.

33. High tension consumers shall install step-down transformers having vector group with winding connected in delta on high voltage side and star on low voltage side with neutral terminal brought outside and suitably earthed.

34. Supply to the consumer may be cut off if the wiring, apparatus, equipment or installation is found to be defective at any time or if the consumer uses any apparatus or appliance or uses the energy in such manner as to endanger the service lines, equipment, electric supply mains and other works of the licensee or interferes with the efficient supply of energy to other consumers. In case of leakage in consumer’s premises, provision of Rule 49 of the Indian Electricity Rules, 1956 shall apply.

A.C. Motor Installation

35. (1) No A.C. motor shall be connected to the low or medium voltage system of the licensee unless the motor and the installation thereof has suitable device to limit starting current as detailed in Regulation 36 below.
(2) Power supply shall not be given to any applicant at low or medium voltage and for utilising in induction motors of capacity of three HP and above or welding transformers of capacity one KVA and above, unless shunt capacitors of appropriate rating are installed by the consumer across the terminals of such motor(s) or welding transformers to achieve average monthly power factor as specified in this Code.

36. (1) Motors of low or medium voltage shall be provided with control gear so as to prevent satisfactorily the maximum current demand from the consumer’s installation exceeding the limits given in the following schedule at any time under all possible conditions.

Failure to comply with these regulations will render the consumer liable to disconnection from the supply on account of interference with the supply to other consumers. Starting current limit may be relaxed by the licensee depending on the location and condition of working.
(2) Motor circuits shall be controlled by a triple pole linked switch protected by a no-volt release and T.P. fuses (or overload releases). It is important that the release should be maintained in thorough working order. Wiring for motors shall be run with all three-phase wires bunched in a single metallic conduit, which shall be efficiently earthed throughout and connected to the frame of the motor from which two separate earth wires shall be run. The minimum size of the earth wire permitted is No.14 S.W.G. All motors shall comply in every respect with the Indian Electricity Rules, in force from time to time. Motors above one BHP shall be wound for three-phase, 400 volts between phases.

Installation of Equipment and Apparatus of the Licensee

37. The licensee may ask the applicant to provide accommodation to install the licensee’s equipment and apparatus which may be considered necessary by the engineer for effecting power supply to the applicant. After such accommodation has been provided by the applicant for fixing the equipment and apparatus, the said installation shall continue on his premises with full control vested in the licensee. The installation shall remain in the premises for a reasonable period not exceeding six months even after the termination of the agreement without payment of any compensation to the owner of the premises to enable the engineer to ensure the supply of power to existing consumers receiving supply through the said installation.

Inspection and Testing for New Connections

38. After compliance with the provision of Regulation 20 by the applicant and within three days of receipt of the completion report and the test report of the licensed contractor, the engineer will give three clear days notice to the applicant of the time and the date when his representative proposes to inspect and test the installation. It shall then be the duty of the applicant to arrange his licensed contractor or other representative to be present during the inspection to give the engineer or his representative any relevant information required by him concerning the installation. On due compliance by the applicant, the engineer shall complete the inspection of applicant’s installation within a period of ten days from the date of receipt of the test report of the licenced contractor.

39. No charge shall be levied for the first test by the engineer, but for subsequent tests, if required, charge shall be payable as may be prescribed by the licensee.

40. In case of low tension consumers :

1. Before taking the insulation tests of installation, wirings must be complete in every respect. All fittings such as lamps, fans, cookers, motors, etc. must be connected up, fuses inserted and all switches placed in the ‘ON’ position before the tests are carried out. Temporary wires or fittings or dead ends, shall not be included in the installation and no part of the work shall be left incomplete. The insulation resistance of the entire installation to earth shall be tested from the load side of the licensee’s terminals.

2. The licensee shall not connect the installation on the applicant’s premises with its works unless it is reasonably satisfied that the installation shall not at the time of making connection cause leakage exceeding one five thousandth part of the maximum current supplied to the applicant’s premises. Any defects if noticed by licensee’s engineer shall be intimated within seven days from the date of inspection to the applicant.

3. The insulation resistance shall be measured by applying between earth and the whole system of conductors or any section thereof with all fuses in place and all switches closed and except in case of earthed concentric wiring all lamps in position or both poles of the installation otherwise electrically connected together, a D.C. Voltage of not less than twice the working voltage provided that it does not exceed 500 Volts for medium voltage circuit. When the supply is derived from three wire (AC or DC) or a poly-phase system, the neutral pole of which is connected to earth either directly or through added resistance the working voltage shall be deemed to be that which is maintained between the outer or phase conductor and the neutral. The insulation resistance in megohms of an installation shall not measure less than 50 divided by the number of points on the circuit provided that the whole installation need not be required to have an insulation resistance greater than one megohm. Heating and power appliances and electric signs may if desired be disconnected from the circuit during the tests but in that event the insulation resistance between the case or frame work and all live parts of each appliance shall not be less than that specified in the relevant ISS or when there is no such specification shall not be less than half a megohm.

4. The insulation resistance shall also be measured between all conductors connected to one pole phase conductor and all the conductors connected to the middle wire or to the neutral or to the other pole or phase conductor of the supply. Such a test shall be made after removing all metallic connections between the two poles of the installation and in these circumstances, insulation resistance between the two terminals of the installation shall not be less than that specified in para (c) above.

41. In case of high tension consumers and EHT consumers :

1. Manufacturer’s test certificates in respect of all HT or EHT apparatus shall be produced if required.

2. In addition, the licensee may test the HT or EHT installation, as the case may be, by applying standard test voltage in accordance with the Indian Electricity Rules, 1956 and Bureau of Indian Standards or International Electro-technical Commission.

3. Testing of a High Tension or EHT installation shall however be taken up by the engineer only after the HT or EHT consumer obtains certificates of inspection of the installation from the Electrical Inspector.

Approval of Consumers Installation

42. Before any wiring or apparatus of the applicants, including transformers, switch gear, etc. are connected to the licensee’s distribution system, the same shall be subject to the inspection and approval of the engineer and no connection shall be made without such approval. In addition, all EHT or HT installation shall have to be approved by the Electrical Inspector or any officer authorised by him in this behalf as required under Rule 63 of the Indian Electricity Rules, 1956.

43. Power supply shall commence when the engineer is satisfied that

1. installation is in accordance with the Completion and Test Report as approved by the engineer, and

2. installation complies with other conditions of this Code, and

3. installation complies with the provisions of the Indian Electricity Rules, 1956.

The engineer shall notify the applicant in writing of any defect noticed by him within seven days of inspection. In such a case the engineer may allow commencement of supply only after the defects in the installation are rectified to his satisfaction. If no intimation is received by the applicant within seven days of inspection, the installation will be deemed to have been approved.

Commencement of Supply

44. Within seven days of approval of the applicant’s installation, the engineer shall commence supply of power to the applicant under intimation to him. If the applicant fails to avail of the power within the period of ninety days from such intimation, he shall be liable to pay the demand charges and minimum monthly charges as applicable. The designated authority of the licensee may, in special circumstances, extend the above period of ninety days.

Licensee’s Supply Mains and Apparatus

45. (1) All equipment such as metering equipment and tamper proof boxes etc. for the purpose of metering, except the meter shall be included in the service connection estimate and the cost thereof realised from the applicant. The applicant shall have the option of supplying an appropriate meter to the specification of the licensee and approved by the licensee.
(2) In case the applicant requires the licensee to provide the meter, the licensee shall do so on such terms and conditions as decided by the licensee with the approval of the Commission.
(3) Notwithstanding the fact that the meter, metering equipment and other apparatus as indicated above are supplied by the applicant, or paid for by the applicant, the same shall remain under the control of the licensee so long as the agreement is in force.

46. Without prejudice to any other action available under the law and under this Code, supply may be disconnected forthwith if the consumer interferes with any of the licensee’s apparatus installed in the consumer’s premises or the service line provided by the licensee, if such interference constitutes an immediate danger to the safety of the installation or personnel.

47. The consumer shall compensate the licensee for any damage caused to the mains, apparatus or instruments or any other property of the licensee in the consumer’s premises, occasioned by any act, omission, lapses or negligence on the part of the consumer or his servants, agents or employees and if supply of power has been disrupted or disconnected on account of such damage, the supply may not be restored until the damage is assessed and the cost of restoration is deposited by the consumer. The engineer’s decision in regard to the damage caused and the compensation payable assessed on the basis of current market rate and the cost of restoration as assessed shall be final and binding subject to the result of the appeal, if any. The consumer may represent to the designated authority of the licensee in regard to the determination of damage and cost fixed by the engineer. No damage shall be imposed and no demand for payment of cost shall be raised without giving seven clear days notice to the consumer and reasonable opportunity to him to make representation, if any.

48. The licensee shall, in consultation with the consumer, be entitled to lay necessary overhead and underground mains and install substations, equipment, transformers, etc. in accordance with the Indian Electricity Rules, 1956 on the private property of the consumer, required for the purpose of supply of power to him. The consumer shall not be entitled to interfere with or alter any such installation of the licensee in his premises at any time for any reasons whatsoever. Upon request by the consumer, the engineer may effect any alteration, if feasible, at the cost of the consumer.

49. The licensee in turn shall maintain its installation in good order. The conductors and poles shall be maintained in such order as not to cause any electrical or mechanical accidents or damage to consumer’s property and public property or endanger human life. Prompt action shall be taken by the licensee to repair or replace the damaged parts immediately on getting intimation of damage or danger to life.

Fuse Failure

50. If at any time, the licensee’s service fuse or HT fuse fails, intimation thereof may be sent to the nearest fuse call centre or section office having jurisdiction over the area for rectifying the defects or replacing the fuse. None other than the authorised employees of the licensee may replace the fuse in the licensee’s cut-outs and H.V switchgears.

Access to Consumer’s Premises

51. With a view to check un-authorised addition and alteration of equipment, theft and mis-appropriation of energy, diversion of power, by-passing of meter for consumption of electricity and for carrying out general inspection and testing, the engineer or his staff authorised by him shall be entitled to enter the premises of a consumer after informing the consumer. If the consumer refuses to allow access or obstructs the engineer or his staff from entering into his premises, the engineer shall, without prejudice to other modes of action available in law, disconnect the supply of power of the premises in accordance with Section 20 of the Indian Electricity Act, 1910.

Preparation of Inventory of Licensee’s Installation or Inspection Report

52. During the checking and verification of the electrical installation in the premises of the consumer, including the supply line and meter, a complete inventory shall be prepared of all connected equipment, apparatus, machineries, forming integral part of the installation in the premises of the consumer. The consumer or his representative shall be requested to sign the inventory or inspection report. If the consumer or his representative refuses to sign the inventory or the inspection report an endorsement to that effect shall be made by the engineer on the body of the report. A copy of the said report shall be affixed at the consumer’s premises. In such cases, the consumer shall be deemed to have been served with a copy of the report. Within one month of service of the report as aforesaid, the consumer shall be entitled to complain against the correctness of the inventory or the result of the inspection to the designated authority of the licensee, who shall enquire into the matter of the complaint and decide on the correctness or otherwise of the report.

Addition and Alteration of Consumer Installation

53. Additions or alterations to the consumer’s approved installation shall be made only by a licensed electrical contractor. In case such addition or alteration results in increase of the connected or contract load of the consumer, prior approval of the licensee shall be taken and the procedures laid down in Regulations 72, 73 and 74 shall be followed. Approval of Electrical Inspector shall also be taken wherever applicable.

CHAPTER - IV

METERS

54. Initial power supply shall not be given without a correct meter. Meters will be installed at the point of supply or at a suitable place as the engineer may decide. The same shall be fixed preferably in the basement or ground floor in multi-storied buildings where it will be easily accessible for reading and inspection at any time. The consumer shall run his wiring from such point of supply and shall be responsible for the safety of the meter or metering equipment on his premises from theft, damage or interference.

55. In the case of High Tension supply, if HT metering set can not be readily provided and installed, LT metering set shall be provided and connected on the LT side of the consumer’s transformers. To the reading of such metering set, will be added the average losses in the transformers calculated as follows:

1. Energy loss in transformer in units per month = (730 x rating of the transformer in KVA)/100

2. Demand loss in transformer in KVA = One percent of the rating of the transformer in KVA

56. The meters and associated equipment shall be properly sealed by the engineer and consumer’s acknowledgement obtained. The seals, nameplates, distringuishing numbers or marks affixed on the said equipment or apparatus shall not be interfered with, broken, removed or erased by the consumer. The meter, metering equipment, etc. shall on no account be handled or removed by any one except under the authority of the engineer. The engineer can do so in the presence of the consumer or his representative. An acknowledgement shall be taken from the consumer or his representative when seal is broken.

57. The consumer may, after giving notice to the engineer, get a check meter installed at his own expense in his incoming line by the side of the licensee’s meter. In case of difference in readings between the licensee’s meter and consumer’s check meter, the readings of the licensee’s meter shall be taken to be conclusive. The consumer may demand the licensee’s meter to be tested by the Electrical Inspector whose decision shall be final and binding on the consumer and the licensee. The consumer shall be required to pay a fee for such testing. If the meter is found incorrect after testing, the fee paid by the consumer shall be refunded by the licensee by way of adjustment in the next bill.

58. (1) The meter and associated equipment shall be inspected by the engineer prior to their commissioning in the service. If the engineer has reason to believe that the meter is incorrect, he may at any time after giving seven days notice to the consumer remove the existing meter for the purpose of testing in accordance with Section 26(4) of the Indian Electricity Act, 1910. The consumer shall not be entitled to object to such removal.
(2) In case the consumer has supplied the meter, if the meters become defective in service or found to be missing, the consumer shall, on such defects or loss being noticed by him or notified to him by the engineer, remove the defects or, as the case may be, replace the meter within a period not exceeding thirty working days. The engineer within seven working days of noticing the defect or loss shall advise the consumer for necessary test, repair or replacement of the meter. Should the consumer desire to get the meter tested or rectified in the licensee’s testing laboratory, he may do so by depositing the fees prescribed by the licensee and the licensee shall get it tested within a period of fifteen working days from the date of deposit. Failure to rectify or replace the meter within the above period shall result in disconnection after seven clear days notice to the consumer.
(3) Where the meter has been supplied by the licensee and the meter becomes defective in service, the engineer shall remove the meter and test the same as provided in Regulation 58(1).

1. If after testing, the meter is found defective not due to tampering or deliberate damage, the defective meter shall be replaced by another tested meter without any charge to the consumer within thirty working days from the date of removal of meter from consumer’s premises.

2. If the meter is found to be missing or after inspection or testing if the meter is found to have been tampered with or damaged, the engineer may call upon the consumer to deposit the cost of replacement within seven working days. The licensee shall install a tested meter within fifteen working days of deposit by the consumer.

59. (1) Should the consumer dispute the accuracy of any meter which is not his own property, he may, upon giving notice and paying the prescribed fee, have the same tested by the engineer within a period of one month from the date of deposit of such fee.
(2) Due notice to the consumer shall be served by the licensee to be present during the test. The Licensee shall have the option to carry out and conclude the test in absence of the consumer after expiry of the notice period. The billing for the period the meter remains defective or unavailable from the date of reporting to the date of its installation after repair or replacement shall be revised in accordance with Regulation 60.
(3) If the meter is found to be incorrect after testing, fees paid by the consumer shall be returned by way of adjustment in the next electricity bill of the consumer.
(4) The repair or adjustment of a meter found to be defective should be done so as to bring the percentage of the error within the prescribed limit of accuracy. In case adjustment or repair is not possible, the defective meter shall be replaced by another tested meter within a period of thirty working days.
(5) In the event of any difference or dispute on the accuracy of any meter, the same shall be decided on an application by either party to the Electrical Inspector as per Section 26 (6) of the Indian Electricity Act, 1910.

60. (1) For the period the meters other than that of domestic, commercial, small industry, irrigation pumping and agricultural consumers remained defective or was lost, the billing shall be done on the basis of average meter reading for the consecutive three billing periods preceding the billing period in which the defect or loss was noticed;
Provided that if the meter becomes defective or is lost before expiry of three billing periods from the date of commencement of supply, the bill shall be prepared on the basis of average of readings of three consecutive billing periods after the meter is rectified or replaced.
(2) In case of defective or lost meters of commercial, small industry, irrigation pumping and agriculture consumers, the billing for the period the meter remained defective or lost shall be done on the basis of load factor of the prevailing tariff.
(3) In case of domestic consumers

1. if a working meter is reported as defective within three months of such defect being detected either by the consumer or by licensee, billing for the period shall be done based on the average of readings for the preceeding three consecutive billing periods.

2. if the defect or loss of meters is not reported within three months of the defect, billing shall be done on the basis of load factor notified in the prevailing tariff for such cases.

61. If the readings of meter working in association with Current Transformer (CT) and Potential Transformer (PT) and other auxiliary equipment, if any, are found to be incorrect on account of wrong connection or disconnection of such CTs, PTs and other equipment or on account of omissions or commissions in regard to multiplying factor, erroneous adoption of CT ratio, PT ratio, the billing in such cases shall be done as prescribed in Regulation 60.

62. Reading of meters shall be taken by qualified persons authorised by the licensee at intervals of two months or less as may be notified by the licensee. The meter readers shall have access to the consumer’s premises at all reasonable times for the purpose of meter readings. The readings of each meter shall be entered by such reader in the meter reading book and the signature of the consumer or his representative will be obtained therein except where meters have been installed on the ground floor for a group of apartments or a group of houses in a common area. The licensee may adopt alternative technically advanced practices for consumer’s information of meter readings. The meter reader should be supplied by the licensee with a laminated photo identity card which he shall show to the consumer on demand.

63. (1) If for any reason whatsoever, the meter installed in the consumer’s premises is not accessible and meter reading can not be taken, the bills shall be raised provisionally on the basis of consumption last recorded subject to subsequent revision on the basis of actual meter reading.
(2) If the engineer apprehends that the consumer is deliberately avoiding the inspection of meter and meter reading, he may give seven clear days notice by Registered Post to the consumer to remain present in the premises on the date and time mentioned in the notice. If the consumer defaults, the engineer may take steps for disconnection of supply after giving twenty four hours notice to the consumer.

64. If a meter or metering equipment has been found to have been tampered or there is resistance by the consumer to the replacement of obsolete or defective meters by the engineer, the engineer may disconnect the supply after giving seven clear days show cause notice and opportunity to the consumer to submit his representation.

65. Contract demand for a connected load below 100 KW shall be the same as the connected load. Contract demand for loads of 100 KW and above shall be as stipulated in the agreement and may be different from the connected load.

Reduction of Contract Demand

66. (1) Every application for reduction of contract demand shall be made to the designated authority of the licensee.
(2) No application for reduction in contract demand shall be entertained within three months from the date of commencement of initial or revised supply unless the agreement provides otherwise.

67. Contract demand above 20 KW shall not be allowed to be reduced more than once within a period of thirty six months from the date of initial supply or from the date of last reduction. Contract demand of 20 KW and below shall not be allowed to be reduced more than once within a period of twelve months from the date of initial supply or from the date of last reduction. The designated authority of the licensee may for reasons to be recorded, allow such reduction more than once within the aforesaid period of thirty six months or twelve months as applicable.

68. Every application for reduction of contract demand shall be accompanied by

1. such processing fees as may be notified by the licensee for the particular category of consumer,

2. test report from the licensed contractor where alteration of installation is involved,

3. meter reading of the previous three months, and

4. letter of approval of Electrical Inspector wherever applicable.

69. No permission shall be granted to reduce the contract demand if on a consideration of the investment made by the licensee for effecting power supply to the consumer, the reduction is likely to result in the investment becoming unremunerative according to the norms fixed by the licensee with the approval of the Commission, unless the consumer is agreeable to bear the financial burden of making the investment viable due to such reduction.

70. Decision on a consumer’s application for reduction of contract demand shall be taken by the designated authority within ninety days of receipt of complete application. No application shall be rejected without recording reasons. The order on the application shall be communicated to the consumer by registered post.

71. When reduction of contract demand is permitted by the designated authority of the licensee, the effective date of such reduction shall be reckoned from the first day of the month following the month in which the application, complete in all respects, was received by the engineer.

Enhancement of Contract Demand

72. Every application for enhancement of contract demand shall be made to the designated authority of the licensee and accompanied by -

1. such processing fee as notified by the licensee for the particular category of consumer,

2. test report from the licensed contractor where alteration of installation is involved, and

3. letter of approval of Electrical Inspector wherever applicable.

73. An application for the enhancement of the contract demand may be rejected if -

1. the additional power cannot be supplied at the existing voltage of supply of the license and the consumer is not willing to avail the power at higher voltage at which licensee is able to supply, or

2. the consumer is not agreeable to bear that part of the estimated cost of necessary additions or alterations in the system as is required to make it remunerative according to the norms fixed by the licensee with the approval of the Commission, or

3. the consumer is in arrears of payment of licensee’s dues.

74. If as a result of the enhancement of contract demand, the classification of the consumer changes, the designated authority of the licensee before allowing the application may call upon the consumer to execute fresh agreement, subject to compliance of other conditions as prescribed in this Code.

CHAPTER - VI

SYSTEM OF SUPPLY

System of Supply

75. (1) The declared frequency of A.C. supply is 50 Hz.

(2) The declared voltage of A.C. Supply is as follows :

1. Low Voltage - single phase, 230 V, between phases and neutral.

2. Medium Voltage - Three phase or Two phase, 400 Volts between phases.

3. High tension supply - Three phase at 11 KV or 33 KV or 25 KV at single phase for existing Railway Traction.

4. EHT supply - Three phase at 66KV, 132KV, 220KV or 400KV or two phases at 132 KV/220 KV for existing Railway Traction.

76. The voltage of supply shall be determined by the engineer depending on the contract demand of the consumer. The supply voltage for the contract demands shall normally be as follows.

(a)(i) For contract demand not exceeding 3 KW or 3.5 KVA, excepting in the case of irrigation pumps and agricultural services, supply shall be at single phase, two wires and 230 volts,

(ii) For irrigation pumping and agricultural service load of 3 BHP and below, supply shall be at single phase, two wire and 230 volts, between phase and neutral, or 3 phase, 3 or 4 wire and 400 volts between phases,

(iii) For load above 3 KW or 3.5 KVA up to and including 70 KVA, supply shall be at 2 phase, 3 wires or 3 phase, 3 or 4 wires at 400 volts between phases;

(b) For contract demand above 70 KVA but below 555 KVA, supply shall be at 3 phase, 3 wires at 11000 volts provided that the consumer connected prior to 01.10.95 may be allowed to continue to receive power at L.T;

(c) For contract demand of 555 KVA and above but below 1110 KVA, supply may be given at 3 phase, 3 wires at 11000 volts or 33000 volts depending on the convenience of the licensee;

(d) For contract demand of 1110 KVA and above but below 5000 KVA, supply shall be at 3 phase, 3 wires at 33000 volts;

(e) For contract demand of 5000 KVA and above, supply shall be at 3 phase, 3 wires EHT;

Provided that licensee, at its discretion, may also supply at any other voltage depending on system availability or condition.

Power Factor

77. The consumer shall so arrange his installation that the average power factor of his load during any billing period is not less than 90%. Power factor penalty shall be levied if there is a breach of the aforesaid requirement and supply of power may be disconnected if the power factor falls below 60%;
Provided that there shall be no disconnection without giving the consumer seven clear days notice in writing to show cause to the engineer why the supply of power should not be disconnected. If, after considering the reply to the show cause notice, the engineer decides to disconnect, he shall communicate his order to the consumer and disconnect supply after seven days of such communication.

Balance of Load

78. A consumer taking two or three phase supply shall balance his load in such a way that the difference in loading of each phase does not exceed 5% of average loading between the phases.

Parallel Operation with Licensee’s System

79. The consumer shall arrange plant, machinery and apparatus of his generating station including any extension of or addition to the same to operate in an isolated mode from the licensee’s system. Parallel operation is permissible only with the consent of the Commission. In cases where such consent has been given, the consumer shall so arrange his installation that the licensee or the engineer does not become liable for any damage caused to the consumer’s plants, machinery and apparatus on account of such parallel operation, or any adverse consequences arising therefrom.

CHAPTER - VII

CLASSIFICATION OF CONSUMER
(Amended vide Gazette notification of 5 April 2002)

Classification of Consumer

80. Licensee may classify or reclassify the consumer into various categories from time to time as may be approved by the Commission and fix different tariffs and conditions of supply for different class of consumers. The present classification is as follows :-

(a) Domestic
This category relates to supply of power to residential premises for domestic purposes only which may include connected load for non-domestic purposes like offices, consultation chambers and other misc. loads upto 20% of the total connected load. This category shall include consumers under Kutir Jyoti Programme and shall include supply to occupants of flats in multi-storied buildings or residential colonies receiving power at single point for domestic purposes which may include connected load for non-domestic purposes like offices, consultation chambers and other misc. loads upto 20% of the total connected load.
In case the non-domestic load exceeds 20% of the total connected load, they shall be treated as ‘LT General’ or ‘General Purpose’ consumers as applicable.
This shall not cover residential colonies attached to industrial establishment where power supply is drawn through the meter of the industrial establishment.

(b) LT General
This category relates to supply of power upto but excluding 110 KVA to premises which are used for office, business, commercial or other purposes not covered under any other category where the non-domestic load exceeds 20% of the total connected load.

(c) Public Lighting 
This category relates to supply of power to the government, a local authority or any other public body for providing street lighting, for traffic signaling and for lighting of public park.

(d) Railway Traction
This category relates to supply of power for Railway Traction.

(e) Irrigation Pumping and Agriculture
This category relates to supply of power for pumping of water in lift irrigation, flow-irrigation, and for lifting of water from wells, nallahs, streams, rivulets, rivers, ponds, dug wells exclusively for agricultural purposes. 

(f) Public Water Works and Sewerage Pumping Installation
This category relates to supply of power for public water supply and sewerage pumping installations owned and operated by the State Government, local bodies or their agencies.

(g) General Purpose
This category relates to supply of power for all general purposes comprising mixed load and with a contract demand of 110 KVA and above where the non-domestic load exceeds 20% of the total connected load.

(h) Specified Public Purpose
This category relates to supply of power to (a) religious institutions, (b) educational institutions (including their hostels), (c) hospitals, dispensaries and primary health centres owned by government, local bodies and charitable institutions (recognised as such by Income Tax Dept.), (d) electric crematorium and (e) non-commercial sports organisations.
The term ‘educational institution’ does not include vocational training or coaching centres.

(i) LT Industrial (S) Supply
This category relates to supply of power for industrial production purpose with a contract demand below 22 KVA, where power is generally utilised as motive force.

(j) LT/HT Industrial (M) Supply
This category relates to supply of power for industrial production with a contract demand of 22 KVA and above but below 110 KVA, where power is generally utilised as motive force.

(k) Large Industries
This category relates to supply of power to industries with a contract demand of 110 KVA and above but below 25000 KVA, where power is substantially utilised as motive force for industrial production.

(l) Heavy Industries
This category relates to supply of power to industries with a contract demand of 25000 KVA and above where power is substantially utilised as a motive force.

(m) Mini Steel Plant
This category relates to supply of power to steel manufacturing units licensed to operate as mini steel plants with contract demand of 4444 KVA and above where power is ordinarily utilised in induction or arc furnaces.

(n) Power Intensive Industries
This category relates to supply of power to industries where power is substantially utilised as raw material involving electro-chemical or electro-metallurgical processes with a contract demand of and above 2000 KVA.

(o) Temporary supply
This category relates to supply of power to meet temporary needs on special occasions including marriage or other ceremonial functions, fairs, festivals, religious functions or seasonal business provided that such power supply does not exceed a period of six months.

(p) Industries owning Generating Stations and Captive Power Plants availing Emergency Supply only
This category relates to supply of power to industries with generating stations including Captive Power Plants only for start-up of the unit or to meet their essential auxiliary and survival requirements in the event of the failure of their generation capacity. Such emergency assistance shall be limited to 25% of the rated capacity of the largest unit in the Captive Power Plant or Generating Stations.

Consumers under Special Agreement

81. The licensee may, having regard to the nature of supply and purpose for which supply is required, fix special tariff and conditions of supply for the consumers not covered by the classification enumerated in this Code. For such purpose licensee may enter into special agreements with the approval of the Commission with suitable modifications in the Standard Agreement Form. The tariff in such cases shall be separately approved by the Commission.

Reclassification of Consumer

82. If it is found that a consumer has been classified in a particular category erroneously or the purpose of supply as mentioned in the agreement has changed or the consumption of power has exceeded the limit of that category or any order of reduction or enhancement of contract demand has been obtained, the engineer may reclassify him under appropriate category after issuing notice to him to execute a fresh agreement on the basis of the altered classification or modified contract demand. If the consumer does not take steps within the time indicated in the notice to execute the fresh agreement, the engineer may, after issuing a clear seven days show cause notice and after considering his explanation, if any, may disconnect the supply of power.

CHAPTER - VIII

CHARGES FOR SUPPLY

Tariffs and Charges

83. Tariffs and charges for supply of electricity shall be determined by the licensee with the approval of the Commission under Section 26 of the Act. Such tariff, tariffs or charges shall take effect only after seven days from the date of publication in at least two daily newspapers having circulation in the area of supply. The charges may include :-
(a) Minimum monthly charges,
(b) Demand charges,
(c) Energy charges, and
(d) Other charges.

Minimum Monthly Charges

84. Every consumer, during continuance of agreement under Regulation 15, shall be liable to pay minimum monthly charges even if no electricity is consumed for any reason whatsoever or supply has been disconnected due to default of the consumer.

Demand Charges

85 (1) Monthly demand charges shall be payable by the consumer on the basis of maximum demand and contract demand as determined in the tariff notification. In case maximum demand meter is not provided or the meter has become defective, the monthly demand charges shall be payable on the basis of contract demand as determined in the tariff notification.
(2) Such monthly demand charges shall be payable during the continuance of the agreement under Regulation 15 even if no electricity is consumed for any reason whatsoever or supply has been disconnected due to default of the consumer.
(3) During statutory power-cuts and power restrictions imposed by the licensee, if the restriction on demand is imposed for a period exceeding sixty hours in a month, the monthly demand charges shall be prorated in accordance with the period and quantum of demand restrictions imposed. In all other cases the consumer shall be liable to pay the full demand charges.

Energy Charges

86. Energy charges as prescribed in the licensee’s tariff shall be payable by the consumer on the basis of actual consumption of the energy.

Other Charges

87. The licensee may levy other charges including customer charges, connection charges, re-connection charges, delayed payment surcharge, fuel surcharge, power purchase surcharge and power factor penalty as approved by the Commission from time to time.

Statutory Levies

88. Statutory levies such as electricity duty shall be payable by the consumer on demand.

Payment of Bills

89. It would be the duty of the engineer or his authorised agent to ensure that the bills are despatched within ten days from the end of billing cycle and records of such despatch are duly maintained.

90. The charges payable by a consumer for supply of electrical power and other sums payable to the licensee shall be billed on prorata monthly basis indicating the period for which charges have been levied and the consumer shall pay the bill amount by the due date indicated on the bill or within a period of seven days from the date of receiving the bill. If for any reason the bill for the billing cycle is not received by the consumer within two weeks of the end of the billing cycle, it would be the obligation of the consumer to approach the engineer and collect a duplicate bill. When supply to a new consumer is commenced or an agreement is terminated on a day other than the first day of a month, demand charges and other charges as applicable under tariff notification shall be levied prorata for the number of days during the month for which supply shall have been given or agreement shall have been in force.

91. (1) The consumer has to make full payment of bill within the due date even if he raises a dispute regarding the correctness of the bill, Provided that a consumer with connected load of 10 KW or less shall pay at least the undisputed amount of the bill pending engineer’s decision on the dispute.
(2) The engineer shall resolve the dispute within two months and take action under Regulation 92.

92. (1) If the licensee finds the bill to be erroneous, a revised bill shall be furnished to the consumer indicating a revised due date. Excess amount paid by the consumer shall be refunded by way of adjustment in the subsequent bill. Such excess amount shall be refunded together with interest at the rate of 2% per month from the date of payment of excess amount.
(2) If the licensee finds the bill to be correct, the consumer shall be intimated accordingly and notified to pay the balance, if any, within fifteen days with interest at the rate of 2% per month from the due date. If the engineer does not resolve the dispute within two months stipulated in Regulation 91, the consumer will not be liable to pay the interest on the balance amount. However, if the dispute is not resolved due to negligence or non-cooperation of the consumer, the consumer will be liable to pay interest.
(3) Failure to make payment as provided under Regulation 91 or Regulation 92(2) above, shall merit action as provided in Regulation 96.

93. The billed amount shall be paid by the consumer either in cash or by bank draft or banker’s cheque, or where specifically allowed by the licensee, by account payee cheques or credit cards.

94. If the due date indicated in the bill for payment of the amount is a Sunday or a public holiday, the amount may be paid on the succeeding working day.

95. The amount paid by the consumer shall be first adjusted towards electricity duty provided that in case of part payment by the consumer, the proportionate share of the duty from the total collection shall be adjusted first. Out of the balance, adjustments shall be made in the following order of priority :
1. Current electricity charges,
2. Current miscellaneous charges,
3. Arrear electricity charges,
4. Arrear miscellaneous charges,
5. Delayed payment surcharge.

96. Where a consumer neglects to pay the charges or dues or any part of the charges or dues, the engineer may after giving him not less than seven clear days notice in writing and without prejudice to the other rights and modes available for realisation of the amount, disconnect the supply until the charges or dues and reconnection charges are paid by the consumer. Failure to take steps for clearance of the dues within a period of two months from the date of service of bill shall render the agreement liable to termination provided that initial period of agreement is over.

97. Payment of the billed amount in time shall entitle categories of consumers, specified in the tariff order under Section 26 of the Orissa Electricity Reform Act, 1995, to a rebate on such amount for the current billing period. Every bill shall indicate the amount payable by the relevant category of consumer if payment is made within the prescribed due date and the amount payable if the payment is made beyond the prescribed due date. The categories of consumers who are entitled to a rebate and the rate or rates of such rebate shall be determined by the licensee from time to time as part of the tariff as approved by the Commission.

Delayed Payment Surcharge

98. Category of consumers to whom delayed payment surcharge is applicable as per tariff order shall be liable to pay such delayed payment surcharge at the rate of two per cent per month for default in payment by due date. There shall be no surcharge over surcharge.

Instalment Facilities

99. Payment of bills by instalments may be granted by the licensee to the senior citizens and disabled in the domestic category on request and on production of proof. In respect of others, the facility may be granted at the discretion of the designated authority of licensee. Grant of instalments shall not affect the liability of the consumer to pay delayed payment surcharge till full clearance of the arrears. Consumers availing instalment facilities shall not be eligible to avail rebate. The licensee may designate the authority to grant instalment facilities.

Recovery of Arrears

100. In addition to other modes of recovery available under the law, the engineer shall be entitled to take recourse to proceedings under the Orissa Public Demand Recovery Act, 1962 (Act I of 1963) for realisation of the licensee’s dues if such dues are treated as public demand.

Assignment without Permission

101. No consumer shall assign the agreement or transfer or part with the benefits under the agreement in favour of any other person without the express consent or approval of the engineer in respect of domestic and commercial consumers and the designated authority of the licensee in respect of other categories of consumers. In case of death of a consumer who is an individual, his legal heir or successor in interest or legatee may be given recognition as a consumer in place of the deceased.

102. Any connection which has been unauthorisedly transferred or parted with shall be liable for disconnection of supply after a seven days notice calling for his explanation and considering the explanation submitted, if any, by him. This may be in addition to any other action the licensee is authorised to take under law and this Code.

Re-sale, Transfer, Dishonest Abstraction and Theft of Energy

103. No consumer shall sell or transfer or divert power to any person or premises unless the agreement so provides.

104. No consumer shall make use of power in excess of the approved contract demand or use power for a purpose other than the one for which agreement has been executed or shall dishonestly abstract power from the licensee’s system.

Penal Charges

105. (1) On detection of unauthorised use in any manner by a consumer, the load connected in excess of the authorised load shall be treated as unauthorised load. The quantum of unauthorised consumption shall be determined in the same ratio as the unauthorised load stands to the authorised load.
(2) The period of unauthorised use shall be determined by the engineer as one year prior to the date of detection or from the date of initial supply if the initial date of supply is less than one year from the date of detection. If the consumer provides evidence to the contrary, the period may be varied according to such evidence. The engineer may levy penal charges in addition to the normal charges for aforesaid period of unauthorised use. Where addition of the unauthorised installation or sale or diversion would result in a reclassification according to this Code, the whole of the power drawn shall be deemed to have been drawn in the reclassified category. The consumer shall also be required to execute a fresh agreement under the reclassified category.
(3) The penal energy charges for unauthorised use of power shall be two times the charges applicable to the particular category of consumer.
(4) The penal demand charges for unauthorised use of power in cases covered under two part tariff shall be calculated on un-authorised connected load expressed in KVA multiplied by two times the rate of demand charges applicable.

FORCE MAJEURE AND RESTRICTION ON POWER SUPPLY

106. The licensee or the consumer shall not be liable for any claim for loss, damage or compensation whatsoever arising out of failure of supply when such failure is due either directly or indirectly to war, mutiny, civil commotion, riot, strike, lockout, fire, flood, tempest, lightning, earthquake or other force, accident or cause beyond his control.

107. In the event of restriction on power supply imposed by the State Government under Section 22-B of the Indian Electricity Act, 1910, or by the Commission in exercise of power under the Act, the licensee shall be under no obligation to supply energy contracted for.

108. (1) The consumer shall curtail or stagger or altogether stop using electricity when so directed by the engineer or the designated authority of licensee if the power supply position or any other emergency in the licensee’s system of supply warrants such a course.
(2) The licensee will be entitled for the purpose of maintenance of its supply system to temporarily discontinue supply of power to any area for such period as may be reasonably necessary subject to such advance notice as may be feasible.

109. If at any time during the continuance of the agreement between the licensee and the consumer, the plant or premises of the consumer is destroyed or damaged due to force majeure conditions referred to in Regulation 106 resulting in break-down or rendering the plant or the premises wholly or substantially unfit for occupation or use, the consumer may on giving seven days notice in writing to the engineer of such break-down or unfitness take a reduced supply of power as may be necessary and feasible. In such a contingency, he shall not be liable to pay the charges in accordance with the agreement, but he shall pay minimum monthly charges, demand charges where such charges are payable on the basis of the maximum demand recorded in the demand meter and energy charges on the basis of actual energy consumed. The aforesaid period of reduced supply shall not count towards the initial period specified in the agreement and the period of the agreement shall be extended for a further period equal to the period of reduced supply.

CONSUMER PROTECTION

110. (1) A consumer aggrieved by any action or lack of action by the engineer under this Code may file a representation within one year of such action or lack of action to the designated authority of the licensee, above the rank of engineer who shall pass final orders on such a representation within thirty days of receipt of the representation.
(2) A consumer aggrieved by the decision or lack of decision of the designated authority of the licensee may file a representation within forty five days to the chief executive officer of the licensee who shall pass final orders on such a representation within forty five days of receipt of the representation.
(3) In respect of orders or lack of orders of the chief executive officer of the licensee on matters provided under Section 33 of the Act, the consumer may make a reference to the Commission under Section 37(1) of the Act.

JURISDICTION OF COURT AND SERVICE OF NOTICE

111. All proceedings arising out of this Code and the agreement made thereunder shall be filed only in such Court under whose jurisdiction the agreement was executed subject to the overall jurisdiction of the Orissa High Court.

Service of Notice

112. (1) Wherever a provision has been made under this Code for service of notice on the consumer, such service may be effected either by despatching to him the notice by registered post or by personal delivery. In case of individual consumers, service on the consumer’s spouse or his representative and in case of a firm, company or corporation, service on the managing director, director or principal officer or an authorised person of such concern shall be sufficient.
(2) Where a consumer refuses or avoids to receive notice, the notice may be affixed at a conspicuous place of the premises of the consumer in the presence of two witnesses and an identifier and in such case, an endorsement shall be made to that effect on the copy of the notice. Such service by affixure shall be deemed to be sufficient service.

MISCELLANEOUS

Power to remove difficulties

113. If any difficulty arises in giving effect to any of the provisions of these Regulations, the matter may be referred to the Commission who after consulting the parties affected may pass any general or special order, not inconsistent with the provisions of the Act, which appears to it to be necessary or expedient, for the purpose of removing the difficulty.

Saving of the Power of the Licensee relating to its Business of Supplying Electricity

114. It is open to any licensee to frame and adopt such provisions, consistent with the provisions of the Act, and other enactments for the time being in force, and the terms and conditions of the licence relating to supply of electricity, at variance with the provisions of this Code with the aim of providing a more consumer-friendly service;
Provided that the provisions so framed and adopted shall have effect subject to prior approval of the Commission in writing.

Overriding effect

115. (1) The provisions of this Code shall override the provisions of OSEB (General Condition of Supply) Regulation, 1995.
(2) Nothing contained in this Code shall have effect, in so far as it is inconsistent with the provisions of Indian Electricity Act, 1910, Electricity (Supply) Act, 1948 and Rules framed thereunder as amended by the Act.

By order of the Commission
SECRETARY TO COMMISSION

FORM NO. 1

STANDARD AGREEMENT FORM FOR SUPPLY OF ELECTRICAL ENERGY

[See Regulation 15 of the OERC Distribution (Conditions of Supply) Code, 1998]

THIS AGREEMENT made on the .............. day of ...................................... One Thousand Nine Hundred and ............................ between ........................................................................(Name of the Licensee) (hereinafter called "the Licensee" which expression, unless repugnant to the subject or context, shall include its successors and assigns) of the ONE PART And The name of the consumer and the address in detail should be mentioned. In the case of Registered partnership firm, besides the name and address of the firm the name and address of the Managing Partner or the Partner executing the agreement on its behalf should be mentioned. In the case of a Company incorporated under the provisions of the Companies Act, 1956, the address of the registered office of the Company and the name of the Managing Director or Principal Officer of the Company duly authorised to executive the agreement should be stated.

(Thereinafter called "THE CONSUMER" which expression, unless repugnant to the subject or context, shall include his heirs, successors and assigns) of the OTHER PART.

WHEREAS the consumer has requested the licensee to supply electrical energy to the premises of the consumer situated at ........................ in the district of ................................. for the purpose of ..................................................... and the licensee has agreed to supply the same on terms and conditions stipulated hereunder.

NOW THESE PRESENTS WITNESS that in consideration of the payment to be made by the consumer as herein after contained, it is hereby MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:

1. Duration of Agreement : This agreement shall commence from the date of its execution and shall continue to be in force until the expiry of FIVE years from the date of supply, and thereafter shall so continue until the same is determined by either party giving to the other, two calender month’s notice, in writing, of its intention to terminate the Agreement.

Provided that after the initial period of agreement if power supply remains disconnected for a period of two months for non-payment of tariff or non-compliance of the directions issued under the OERC Distribution (Conditions of Supply) Code, 1998, and no effective steps are taken by the consumer for removing the cause of disconnection and for restoration of power supply, the agreement of the licensee with the consumer for power supply shall be deemed to have been terminated on expiry of the 2 months period from the date of disconnection without further notice.

2. Condition of Supply : The consumer has obtained and perused a copy of the OERC Distribution (Conditions of Supply) Code 1998, understood its contents and undertakes to observe and abide by all the terms and conditions stipulated therein to the extent they are applicable to him. The said Code as modified from time to time, to the extent they are applicable shall be deemed to form part of this Agreement.

3. Quantum of Supply : Subject to the provisions hereinafter contained and during the continuance of this Agreement, the licensee, represented by the ‘engineer’, shall supply the consumer and the consumer shall take from the licensee, a supply up to but not exceeding a contract demand of .........KVA/........KW. The consumer may utilise power up to ......... KVA/...... KW.out of the aforesaid contract demand in his residential colony for use by himself or his employees.

4. Type of Supply : The aforesaid supply shall be from a three phase 50 Hz alternating current system at a normal pressure of ......... Volts. The quantum of supply shall be measured by a suitable metering equipment of ......... Volts.

5. Security Deposit : The consumer, pursuant to the OERC Distribution (Conditions of Supply) Code, 1998 has made Security Deposit of Rs................. in favour of the engineer. The consumer undertakes to make any additional security deposit, as and when called upon by the engineer.

6. Charges to be paid by the Consumer : The consumer shall pay to the engineer, for power demanded and electrical energy supplied under this agreement ‘minimum monthly charges’, ‘demand charges’, ‘energy charges’ and ‘other charges’ in accordance with the provisions of OERC Distribution (Conditions of Supply) Code, 1998 and as notified in the Tariff Notifications from time to time;

Provided that annual sum payable by any individual consumer under the proviso to Section 22 of the Indian Electricity Act, 1910, shall not be deemed to be part of the minimum monthly charges or demand charges, if any, payable by the consumer or the particular class of consumers under Regulations 84 and 85 of the OERC Distribution (Conditions of Supply) Code, 1998.

Provided further that the consumer shall pay electricity duty or such other levy, tax or duty as may be prescribed under any other law in addition to the charges, fuel surcharge and transformer loss payable under the OERC Distribution (Conditions of Supply) Code, 1998.

7. The tariff and conditions of supply mentioned in this Agreement shall be subject to any revision that may be made by the licensee from time to time.

8. Stamp Duty : The consumer agrees to bear the cost of the stamp duty and all costs99 incidental to the execution of this Agreement in full.

In WITNESSES WHEREOF the parties hereto have put their hands and seals this the ............. day of .........................19

Signature of the consumer Signature of the engineer acting for and on behalf of the

.............................................. (licensee)

Witnesses to the execution Witnesses to the execution by the consumer by the engineer

1. 1.

1. 2.

FORM NO. 2

FORM OF REQUISITION FOR SUPPLY OF ELECTRICAL ENERGY

(FOR DOMESTIC & COMMERCIAL PURPOSES)

To

The Engineer,

(specify the local area of the jurisdiction of the engineer of the licensee)

............. (Licensee).

Sir,

1. I/We hereby request you to supply Electrical energy to the premises hereinafter described. I/We am/are the owner/lawful occupier of the premises at ........... in which supply of electrical energy is now required.

2. I/We agree to take supply for TWO YEARS to utilise the energy for domestic/commercial purposes only. Thereafter Agreement shall so continue unless terminated by either of the parties after giving one month's notice.

3. I/We agree to pay for the service connection and other dues including the security as may be payable and shall also pay the charges, surcharges, electricity duty in accordance with the OERC Distribution (Conditions of Supply) Code, 1998 provided that annual sum payable individually by me/us under the proviso to Section 22 of the Indian Electricity Act, 1910, shall not be deemed to be part of the minimum monthly charges or demand charges, if any, payable under Regulations 84 and 85 of the OERC Distribution (Conditions of Supply) Code, 1998.

4. I/We have obtained and perused a copy of OERC Distribution (Conditions of Supply) Code, 1998) and understood its contents and hereby undertake to observe and comply with the terms and conditions stipulated therein to the extent they are applicable to me/us.

5. I/We further require you to supply me/us with the necessary meter/meters on hire in terms of Section 26 of the Indian Electricity Act, 1910. I/We agree to give you such security as may be required for the price of the meter/meters, whenever called upon to do so. (Strike out if meter to be supplied by the consumer).

6. Plot/Holding No. of the premises :

Village/Town/Street :

Address for Correspondence :

Owned by :

(Name & Full address)

Tenanted/occupied by :

(Name & Full address)

Written permission of the Yes/No/Not-applicable/Applicable

Landlord/owner Tendered

Written permission of way leave (Furnish if required)

(Refer to Regulation 8 of the OERC, Distribution (Conditions of Supply) Code, 1998)

7. The following are my/our electrical installation to be fixed in the premises :

No. of Wattage Total

points of points wattage

Lights :

Neon/Display Signs :

Fan : Ceiling

Exhust

Convenicence wall plugs (5 AMPs)

Convenicence wall plugs (15 AMPs)

Television sets, Personal Computers, VCP, etc.

Refrigerators/Air Conditioners, etc. :

Room Heaters, dehumidfier, etc. :

Food Processors :

Cookers, Heaters, etc. :

Other Electrical Appliances :

Industrial Applicances :

Pumps :

Other equipment :

8. My contract demand is ______ KW/KVA

The electrical installation works will be

carried out by ........................................

(contractor)

Date : Applicant's Signature

Note : (a) Addition or omissions to the connected load/contract demand to be notified to the licensee and permission obtained before effecting such changes.

(b) The wattage against item (7) above may be estimated as following :

1. Each light and fan points as 60W and 80W respectively unless otherwise declared by the consumer which will be final.

2. Convenience wall plugs (5A) as 100 W for first two and for the rest 20W each.

3. Convenience wall plug (15A) as 1000W for the first and for the rest 300W each.

4. The actual wattage of air conditioners, water heaters, pumps and other equipment to be connected as per the name plate details.

(c) The acknowledgement of application is to be made to the applicant.