Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MADHYA PRADESH ELECTRICITY SUPPLY CODE 2004 CONTENTS CHAPTER 1 :- S H ORT TITLE, COMMENCEMENT AND REVIEW PROCESS 1. . CHAPTER 2 :- DEFINITIONS 2. . CHAPTER 3 :- SYSTEM OF SUPPLY AND CLASSIFICATION OF CONSUMERS 3. System of supply CHAPTER 4 :- NEW POWER SUPPLY 4. Licensees Obligations to Supply CHAPTER 5 :- POINT OF SUPPLY AND LICENSEE'S EQUIPMENT IN PREMISES 5. Point of Supply CHAPTER 6 :- WIRING AND APPARATUS IN CONSUMER PREMISES 6. Wiring on Consumers Premises CHAPTER 7 :- CONTRACT DEMAND, AGREEMENT, SECURITY DEPOSIT 7. Contract Demand CHAPTER 8 :- METERS 8. Requirement of Meters CHAPTER 8A :- PROCUREMENT OF METERS, CHOICE OF METERS TO THE CONSUMERS 8A. Introduction CHAPTER 9 :- BILLING 9. Meter Reading, Bill Generation and Bill Distribution CHAPTER 10 :- PAYMENT AND DISCONNECTION Payment 10. . CHAPTER 10A :- THEFT OF ELECTRICITY 10A. . CHAPTER 11 :- MISCELLANEOUS 11. Force Majeure SCHEDULE 1 :- Annexure MADHYA PRADESH ELECTRICITY SUPPLY CODE 2004 In exercise of powers conferred by Section 43(1) read with section 181 (t), section 44, section 46 read with section 181 (1), section 47(1) read with section 181 (v), section 47(4) read with section 181 (w), section 47 (2, 3 and 5), section 48(b), section 50 read with section 181 (2x) and section 56 of the Electricity Act, 2003 (no. 36 of 2003), section 9(j) of Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (No. 4 of 2001) and all other powers enabling it in that behalf and the draft of the same having been previously published in the official gazette as required under section 181(3), the Madhya Pradesh Electricity Regulatory Commission hereby makes the following Electricity Supply Code to be known as 'Madhya Pradesh Electricity Supply Code, 2004' to govern supply and retail sale of electricity by the licensees and procedures thereof, the powers, functions and obligations of the licensees and the rights and obligations of consumers, and matters connected therewith and incidental thereto. * Published in M.P. Rajpatra (Asadharan) dated 16.04.2004 at page 259 to 335. CHAPTER 1 SHORT TITLE, COMMENCEMENT AND REVIEW PROCESS 1. . :- 1.1 This Code may be called the "Madhya Pradesh Electricity Supply Code, 2004." 1.2 The Code shall be effective from 10th June, 2004. 1.3 It shall extend to the State of Madhya Pradesh. 1.4 It shall apply to all persons engaged in the business of supplying electricity as covered under Section 14 (1) of the Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (No. 4 of 2001) or section 14 of the Electricity Act, 2003 (36 of 2003) and the consumers of Electricity. 1.5 Copies of the Madhya Pradesh Electricity Supply Code and Guidelines for Redressal of Consumer Grievance as duly amended from time to time shall be kept in the Registered offices, regional offices, circle offices, division offices, distribution centres of the licensees and such other offices as may be specified by the Licensee or by the Commission. 1.6 1[The Commission shall constitute an Electricity Supply Code Review Panel (Review Panel) to review this Code alongwith "Guidelines for Redressal of Consumer Grievance" on a regular basis. The review panel shall consist of such number of persons, as the Commission may consider necessary and adequate, to be appointed by the Commission including persons representing the following: (a) A public representative who can represent interests of consumers. (b) CMD of each Distribution Licensee of the State or his nominated representatives. (c) CMD of State Transmission Utility (STU) and Transmission licensees or their nominated representatives. (d) LT Consumers, HT Consumers, EHT Consumers, their associations and interested groups. (e) Any other interested stakeholder or group as the Commission may think fit.] 1.7 2[The Commission shall appoint a Chairman from among the Chairman-cum-Managing Directors of the Distribution Licensees. The post of the Chairman shall be taken over by the Chairman- cum-Managing Director of each Distribution Company by rotation as may be specified by the Commission. The Chairman-cum-Managing Director of the Distribution Company, who takes over as Chairman of the Review Panel, shall appoint an officer from the same Distribution Company as Member Secretary. The same Licensee shall provide all the required support, administrative or otherwise. All members of the review panel shall be appointed for a period of two years.] 1.8 The review panel shall meet at least once every six (6) months. 1.9 The Member Secretary of the Review panel shall send the proceedings of the meetings of the Review Panel to the Commission within 15 days of the meetings. 1.10 The commission may amend the Electricity Supply Code suo-motu or on the recommendations of the Panel. However, before any amendment is made in the Code, comments on the proposed changes shall be obtained from all the Distribution Licensees, STU, Transmission Licensees and public. 1.11 A notice of the gist of the amendment made in the Electricity Supply Code shall be published by the Licensee in at least two newspapers having wide circulation in the area of supply stating that copies of the amended Electricity Supply Code are available for purchase in the offices mentioned in clause 1.5. 1. Substituted by M.P. Electricity Supply Code, 2004 (Fourteenth Amendment) (Errata) [No. AG-1 (xiv) of 2007] (w.e.f. 27th July, 2007). Published in M.P. Rajpatra Part IV (Ga) dated 2 7 t h July, 2007 at pages 176-177. 2. Substituted by M.P. Electricity Supply Code, 2004 (Fourteenth Amendment) (Errata) [No. AG-1 (xiv) of 2007] (w.e.f. 27th July, 2007). Published in M.P. Rajpatra Part IV (Ga) dated 27th July, 2007 at pages 176-177. Prior to this, Clause 1.7 was amended by M.P. Electricity Supply Code, 2004 (Sixth Amendment) (No. AG-1 (vi) of 2006). CHAPTER 2 DEFINITIONS 2. . :- 2.1 In this Code unless it is repugnant to the context: (a) Act means The Electricity Act, 2003 (No. 36 of 2003) as in force from time to time. (b) Agreement with its grammatical variations and cognate expressions means an agreement entered between the licensee and the consumer under this Code. (c) Apparatus means electrical apparatus and includes all machines, fittings, accessories and appliances in which conductors are used. (d) Area of Supply means the geographic area within which a licensee is authorised by his license to supply electricity. 1[(d) (i) "Authorised load" is a term used for domestic category of LT consumers (which shall be expressed in multiples of 0.5 KW) based on a consumption of 75 units per half kilo watt per month.] 2[(d) (ii) "Authorised Officer" means the officer authorised in this behalf by the State Government under Section 135 of the Act and Commission under first proviso to the Section 13 (1 A) of the Electricity (Amendment) Act, 2007.] (e) Breakdown means an occurrence relating to the equipment of the electric energy supply system including electrical line that prevents its normal functioning. (f) Code means the Madhya Pradesh Electricity Supply Code as in force from time to time. (g) Commission means the Madhya Pradesh Electricity Regulatory Commission constituted under section 3 of the Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 (No. 4 of 2001) (h) Conductor means any wire, cable, bar, tube, rail or plate used for conducting electrical energy and so arranged as to be electrically connected to a system. (i) Connected Load means aggregate of the Manufacturers rating of all energy consuming devices, in the consumers premises, which can be simultaneously used. This shall be expressed in kW, kVA or HP units and shall be determined as per the procedure laid down in the clauses 6.37 to 6.42 on Rating of Installations in this Code. (j) Consumer means any person who is supplied with electricity by the licensee and includes any person whose premises are for the time being connected for the purpose of receiving electricity from the licensee, persons who have applied for an electricity connection, persons whose supply is not yet connected even after due notice to avail connection or whose electricity supply has been disconnected. A consumer is :- (i) Low Tension Consumer (LT Consumer) if he obtains supply from the licensee at low or medium voltage, (ii) High Tension Consumer (HT Consumer) if he obtains supply from the licensee at High Voltage. (iii) Extra High Tension Consumer (EHT Consumer) if he obtains supply from the licensee at Extra High Voltage. (k) Consumers installation means any composite electrical unit including electric wires, fittings, motors and apparatus, portable and stationary, erected and wired by or on behalf of the consumer at the consumers premises. (l) Contract demand means the maximum Load in kW, kVA or HP, as the case may be, agreed to be supplied by the licensee and contracted by the consumer and mentioned in the agreement. (m) Cut-out means any appliance for automatically interrupting the transmission of energy through any conductor when the current rises above a predetermined quantum, and shall also include fusible cut-out. (n) Date of commencement of supply means the day immediately following the date of expiry of a period of one month for in case of LT consumers and three months in case of HT or EHT consumer from the date of intimation to an intending consumer of the availability of power or the date of actual availing of supply by such consumer, whichever is earlier. (o) Demand Charge for a billing period means a charge levied on the consumer based on the contract demand or maximum demand and shall be calculated as per the procedure provided in the Tariff Order, approved by the Commission. (p) Distribution main means the portion of any main with which a service line is, or is intended to be, connected. (q) Distribution System means any system consisting mainly of overhead lines, underground cables service lines, electrical plant, control switch gear and meters having design voltage of 33 kV and below and shall also include any other system of higher voltage as the commission may specifically recognise. The Distribution System shall not include any part of the Transmission system except the terminal equipment (metering system, CT and P T ) connected at consumers end and used for the supply of electricity to extra high voltage (66 kV and above) consumers, (r) Earthed or connected with earth means connected with the general mass of earth in such manner as to ensure at all times an immediate discharge of energy without danger, (s) Electric line means any line which is used for carrying electricity for any purpose and includes :- (i) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and (ii) any apparatus connected to any such line for the purpose of carrying electricity; (t) Electrical Inspector or Inspector means an Electrical Inspector appointed under section 2 (21) of the Electricity Act, 2003 (No. 36 of 2003). (u) Energy means electrical energy :- (i) Generated, transmitted or supplied for any purpose, or (ii) Used for any purpose except the transmission of a message, (v) Energy charge refers to a charge levied on the consumer based on the quantity of electricity (units in kWh or kVAh as per tariff) supplied, (w) Extra High Voltage means the voltage, which exceeds 33,000 volts subject, however, to the percentage variation allowed under the Indian Electricity Rules, 1956. (x) High Voltage (HV) means the voltage higher than 650 volts but which does not exceed 33,000 volts 50 cycles under normal conditions subject however to the percentage variations allowed under the Indian Electricity Rules, 1956. (y) Initial period of agreement means the period of two years starting from the date of commencements of supply. The initial period of agreement shall continue till the end of the month, on which the end date of the two years period expires. (z) Installations means any composite electrical unit used for the purpose of generating, transforming, transmitting, converting, distributing or utilizing energy. (aa) Licensed Electrical Contractor means a contractor licensed under rule 45 of the Indian Electricity Rules 1956. (bb) Low Voltage (LV) means the voltage, which does not exceeds 250 volts 50 cycles under normal conditions subject, however, to the percentage variation allowed under the Indian Electricity Rules, 1956. (cc) Maximum demand for a category of consumer shall be calculated as per the procedure provided in the Tariff Order, approved by the Commission. (dd) Medium Voltage means the voltage higher than 250 volts but which does not exceed 650 volts 50 cycles under normal conditions subject, however, to the percentage variation allowed under the Indian Electricity Rules, 1956. (ee) Meter means an equipment used for measuring electrical quantities like energy in kWh or kVAh, maximum demand in kW or kVA, reactive energy in kVAR hours etc. including accessories like Current Transformers (CT) and Potential Transformer (PT), including cables, where used in conjunction with such meter and any enclosure used for housing or fixing such meter or its accessories and any devices like switches or MCB/load limiter or fuses used for protection and testing purpose. (ff) Occupier means the owner or person in occupation of the premises where electrical energy is used or proposed to be used. (gg) Overhead line means any electric supply line, which is placed above ground and in the open air but excluding live rails of traction system. (hh) Power factor means the average monthly factor and shall be the ratio expressed as a percentage of the total kilowatt hours to the total kilovolt ampere hours supplied during the month; the ratio being rounded off to two decimal figures, 5 or above in the third place of decimal being rounded off to the next higher place in the second. In case kWh or kVAh reading is not available then power factor shall be calculated on the basis of kVARh reading, if the meter has kVARh recording features in the meter. (ii) Premises includes any land, building or structure. 3[(ii) (i) Theft of Electricity has the meaning assigned to it under Section 135 of the Act] (jj) Service- line means any electric supply-line through which energy is, or is intended to be supplied :-(i) to a single consumer either from a distribution main or immediately from the suppliers premises, or (ii) from a distribution main to a group of consumers on the same premises or on adjoining premises supplied from the same point of the distribution main. (kk) System means an electrical system in which all the conductors and apparatus are electrically connected to a common source of electric supply. 3[(kk) (i) Person means any person or persons or occupier or possessor of the premises or place and may or may not be the consumer and shall include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person;] 4[(II) Group user means Co-operative Group Housing Society registered under the M.P. Co-operative Societies Act or a person representing him employees.] 2.2 All other expressions used herein although not specifically defined herein, but defined in the Act, shall have the meaning assigned to them in the Act. The other expressions used in herein but not specifically defined in this Code or in the Act but defined under any law passed by the parliament applicable to electricity industry in the State or stated in the tariff order shall have the meaning assigned to them in such law. Subject to the above the expression used herein but not specifically defined in this Code or in the Act or any law passed by the parliament shall have the meaning as is generally assigned in the electricity supply industry. 1. Inserted by M.P. Electricity Supply Code, 2004 (Fifth Amendment) [No. AG-1 (v) of 2006] (w.e.f. 10th February, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 10th February, 2006 at pages 158-159. 2. Substituted by M.P. Electricity Supply Code, 2004 (Fifteenth Amendment) [No. AG-1 (xv) of 2008] (w.e.f. 29th February, 2008). Published in M.P. Rajpatra Part IV (Ga) dated 29th February, 2008 at pages 56-60. Said sub-clause was inserted by M.P. Electricity Supply Code, 2004 (Seventh Amendment) [No. AG-1 (vii) of 2006]. 3. Inserted by MP. Electricity Supply Code (Seventh Amendment) [No. AG-1 (vii) of 2006]. 4. Added by M.P. Electricity Supply Code, 2004 (Third Amendment) [No. AG-1 (iii) of 2005] (w.e.f. 6th January, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 6th January, 2006 at pages 18-21. CHAPTER 3 SYSTEM OF SUPPLY AND CLASSIFICATION OF CONSUMERS 3. System of supply :- 3.1 The declared frequency of the alternating current (AC) shall be 50 cycles per second. 3.2 The declared voltage of the AC supply is as follows :- (a) Low Tension (i) Single Phase : 230 volts between phases and neutral. (ii) Three Phase : 400 volts between phases. (b) High Tension (HT) - Three Phase : 11 kV or 33 kV between phases. (c) Extra High Tension (EHT) - Three Phase : 132 kV or 220 kV between phases. For Railway Traction two-phase supply may be given. 3.3 The licensee shall design and operate a distribution system in conjunction with the transmission systems. The licensee shall not permit the voltage at the point of supply to the consumer to vary from the declared voltage which is : (a) In the case of low or medium voltage, by more than 6%; or (b) In the case of high voltage, by more than 6% on the higher side or by more than 9% on the lower side; or (c) In the case of Extra High Voltage, by more than 10% on the higher side or by more than 12.5% on the lower side. Any exceptions to the above will only be allowed with the written consent of the consumer or with prior approval of the Commission. Voltage of Supply to consumers 3.4 The supply voltage for different contract demands shall normally be as follows: Supply Voltage Minimum Contract Demand Maximum Contract Demand 230 volts - 1[3 kW] 400 volts Above 2 kW 100 HP or 75 kW 11kV 60kVA 300 kVA 33 kV 2[300kVA] 3[10,000 kVA] 132kV 4[5,000kVA] 40,000 kVA 220 kV 40,000 kVA 5[The connected load of a consumer availing supply at low tension shall not exceed 100 HP. The connection at 33 KV should not be normally given below 300 KVA. However depending upon the location, feasibility, requirement and the purpose of the new connection, the licensee at its discretion may release connection at 3 3 KV below 300 KVA upto the lower ceiling of 100 KVA. The connection at 132 KV should not be normally given below 5000 KVA. However depending upon the location, feasibility, requirement and the purpose of the new connection, the licensee at its discretion may release connection at 132 KV below 5000 KVA upto the lower ceiling of 2500 KVA. In case of existing consumers whose contract demand at various voltage levels is not within the range of minimum and maximum contract demand specified above, such consumers shall not be insisted upon by the licensee to change their supply voltage, so as to be within the specified range as per above table, unless such consumer makes a request and is ready to bear the cost for such change. Cost of CTs for accurate measurement of loads below 300 KVA at 33 KV and below 5000 KVA at 132 KV could be comparatively higher and the licensee may charge appropriate rent for such metering after seeking approval from the Commission under the Schedule for Misc. & General charges : Provided further that, depending on system availability or condition, the licensee, at its discretion, may release supply at any other voltage. Particularly in case of Railways, the maximum and minimum limits of contract demand on the various voltage levels indicated in the above table may be relaxed by the licensee on mutual agreement depending on the actual requirement and feasibility.] Classification of Consumers 3.5 The classification of consumers, tariff and conditions of supply applicable to each category shall be as fixed by the Commission from time to time in the tariff order or otherwise. The licensee may classify or reclassify consumers into various categories from time to time as per these classifications fixed by the Commission. 1. Substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 for the word "2KW" (w.e.f. 22.07.2005). 2. Substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 for the word "60 KVA" (w.e.f. 22.07.2005). 3. Substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 for the word "8,000 KVA" (w.e.f. 22.07.2005). 4. Substituted by M.P. Electricity Supply Code, 2004 (Twelfth Amendment) [No. AG-1 (xii) of 2007] (w.e.f. 1st June, 2007) for "2,500 KVA". Published in M.P. Rajpatra Part IV (Ga) dated 1st June, 2007. 5. Substituted by M.P. Electricity Supply Code, 2004 (Twelfth Amendment) [No. AG-1 (xii) of 2007] (w.e.f. 1st June, 2007). Published in M.P. Rajpatra Part IV (Ga) dated 1st June, 2007. CHAPTER 4 NEW POWER SUPPLY 4. Licensees Obligations to Supply :- 4.1 The Licensee shall, on an application by the owner or occupier of any premises located in his areas of supply, give supply of electricity to such premises within the time specified in this Code (refer clause 4.74), provided : (a) the supply of power is technically feasible, (b) the consumer has observed the procedure specified in this Code, and (c) the consumer agrees to bear the cost of supply and services as specified. Licensees obligation to extend the Distribution System and Consumers share in the Cost 42 The Licensee shall meet the cost for strengthening/upgradation of the system to meet the demand of the existing consumers through its annual revenues or funds arranged by the licensee and this cost shall be recovered from the consumers through tariff. 1[***] 4.3 The Cost of extension of distribution mains and extension/upgradation of the system upto the point of supply for meeting demand of new consumers shall be payable by the consumer, or any collective body of the consumers or otherwise as may be directed by the Commission keeping in view the provisions of section 46 of the Act. 4.4 In all cases of new connections the consumer shall bear the Service Connection Charges, that is the cost of extension of service connection from the Distribution Mains to the point of supply. 4.5 The licensee shall arrange to prune tree branches that have the possibility of touching or falling on live wires, after due permission of the concerned authorities. Cost of service connection/extension 4.6 The Service Connection Charges shall be as approved by the Commission from time to time. 2[***] 4.7 For uniformity and simplification in calculating the actual cost of extension, the licensee, shall prepare a ready reckoner to show the per-unit material cost of LT line, HT line substations of different capacities etc. The Licensee may update the ready reckoner every year, and after every update, refer the same to the Commission for information. 4.8 In case the connected/contracted load of any new connection is projected to be 50 kW or more, a separate transformer of adequate capacity shall be installed at consumers cost. The land/room with easy access required for housing the transformer substation, switch gears, meters and panels shall be provided by the consumer, free of cost, for which rent or premium shall not be payable by the licensee. 4.9 The service connection/extension of distribution mains, notwithstanding that it has been paid for by the consumer, shall be the property of the licensee. The licensee shall maintain it at its cost and shall also have the right to use the same service connection/extension for supply of energy to any other person but such extension or service connection should not adversely affect the supply to the consumer who paid for the extension of the distribution supply network. 4.10 When the licensee completes the work of extension of distribution mains and is ready to give supply, the licensee shall serve a notice on the consumer to take power supply within one month in case of LT consumers and three months in case of HT or EHT consumers. If the consumer fails to avail supply within the notice period, the agreement shall come into force from the day following the end of the notice period and thereafter the consumer shall be liable to pay any charges due thereon as per the agreement. Service connection/extension work got done by Consumers 4.11 The Consumer can get the work of drawing of service of service line from the licensees distribution mains up to his premises as per the estimates and layout approved by the licensee through a C; or higher-class licensed electrical contractor and the work of extension of EHT and HT line, distribution or HT substation and LT line through an A class contractor as per the estimates and layout approved by the licensee. In such case the consumer himself shall procure the materials. The material should, conform to relevant BIS specification or its equivalent and should bear ISI mark wherever applicable. The licensee may asked for documentary evidence to verify the quality of materials used. The consumer shall be required to pay the supervision charges as approved by the Commission in the Schedule of Miscellaneous Charges on the cost of works as per the estimates approved by the licensee. The rates of the materials shall be available in the ready reckoner (refer clause 4.7). 4.12 The Consumer shall get the work done within the time frame as provided in clause 4.74, failing which the licensee may, on giving fifteen days notice treat the requisition for supply as cancelled. Requisition for Supply 4.13 Requisition for a new supply or an additional supply of electrical energy must be made in duplicate in the appropriate prescribed form, copies of which shall be available at a cost from the local office of the licensee. The format of the application forms is provided in Annex 1 and Annex 2. Photocopies of a blank form or form downloaded from the website of the licensee may also be used by the consumer and shall be accepted by the Licensee. Charges of application form, in case of that being downloaded or photocopied, shall be recovered at the time of submission of the application form to the licensee. 4.14 The occupier of the premises, for which supply is required, shall make the requisition and shall indicate his full name and address with telehphone number (if available) where the supply is required and also the name and address of the Licensed Electrical Contractor through whom the wiring will be carried out; but it is not necessary that requisition should be made through the Licensed Electrical Contractor. Any assistance or information required in filling up the form should be given to the consumer at the local office of the licensee. 4.15 The consumer shall furnish, alongwith the requisition form, copies of following documents (please refer to the application format in Annex 1 and Annex 2 for further details). The licensee may ask for the original documents, from the consumer, for verification :- (a) Proof of ownership of the premises in the form of registered sale deed or partition deed or succession or heirship certificate or deed of last Will, or Proof of occupancy such as valid power of attorney or latest rent receipt or valid lease deed or rent agreement or copy of allotment order issued by the owner of the property. or In case of supply for agriculture/irrigation pump set, the khata nakal giving the khasara number of the field within which the supply is required and water availability certificate from competent government authority. (b) Approval/permission of the local/statutory authority, if required under any law/statute. (c) In case of a partnership firm, partnership deed, authorization in the name of the applicant for signing the requisition form and agreement. (d) In case of a Public or Private Limited Company, Memorandum and Articles of Association and Certificate of incorporation together with an authorization in the name of the applicant for signing the requisition form and agreement. In case of applications for power supply to stone crushers, stone polishing and hotmix plants, the following additional information shall also be furnished, (i) Documentary evidence from the department concerned to show that he will be able to take requisitioned quantum of power supply for at least two years, (ii) His permanent address. The consumer shall also intimate whether the service line and extension, if any, shall be laid by the consumer or the licensee. 4.16 For availing of a new connection for Domestic and single- phase Non-domestic categories, in case, the applicant is unable to provide the proof of legal occupation of the premises, the officer in charge of the concerned distribution circle may waive such requirement and record, in writing, the reasons thereof. However, in such cases, the security deposit to be paid by the consumers shall be equal to the cost of ninety days of average consumption to b e determined by the licensees local office. The serving of connection to such premises shall not be used as a proof of legal rights on the premises or for any other legal use. 3[4.17 If the consumer, in respect of an earlier agreement executed in his name or in the name of a firm or company with which he was associated either as a Partner, Director or Managing Director or as occupier and or owner of the premises, has any arrears of electricity dues or other dues for the premises where the new connection is applied for and such dues are payable to the licensee, the requisition for supply may not be entertained by the Licensee until the dues are paid in full. However, release of new connections shall not be refused by the Distribution Licensee in following cases : (i) If the lease deed is cancelled by the State Government on account of any reason and allocated to a new party/consumer then the new party/ consumer shall not be required to pay the energy dues of erstwhile consumer, (ii) If the property is attached and sold by the Income Tax Department/ Commercial Tax Department or such other Government Departments for recovery of their dues, then the new purchaser shall not be required to pay the energy dues of erstwhile consumer. (iii) If the Financial Institutions created under the State Act/Central Act attach and sale property for recovery of their dues, then the purchaser shall not be required to pay the energy dues of erstwhile consumer, (iv) On vacation of Government Quarter/Flat on transfer of an employee leaving arrears of energy charges, new occupant, shall not be required to pay the energy dues of erstwhile consumer, (v) If there is a specific order from a Court for non- recovery of arrears outstanding on the premises.] 4.18 For the purpose of these terms and conditions of supply, establishments/ premises- (a) having distinct set up and staff, or (b) owned or leased by different persons, or (c) covered by different licenses or registrations under any law where such procedures are applicable, a n d (d) for domestic category households having relevant document from local authorities, identifying the premises as separate, will be deemed to be separate establishments and each separate establishment will be given separate point of supply. Supply to different categories of consumers (A) Supply at LT 4.19 The Licensee shall verify the application and the enclosed documents at the time of receipt of application. A written acknowledgment shall be issued on the spot if the application is complete. If the application is incomplete, the shortcomings in the form shall be intimated to the applicant in writing within 3 working days. After complete application is received from the consumers, the licensee shall issue a written acknowledgment to the consumer immediately. Within 2 working days of receipt of the completed application form, the licensee shall intimate the consumer the proposed date of inspection, which should be within the next 5 working days in urban areas and 10 working days in rural areas. 4.20 The applicant alongwith the licensed contractor or his representative shall be present during the inspection. During the inspection, the Licensee shall : (i) Fix the point of supply and the place where meter and the cut-out/MCB shall be fixed, (ii) Fix the layout of the proposed lines and substation and estimate the distance between the point of supply and the nearest Distribution mains from where supply could be given, (iii) Determine if the supply line is to go over any property belonging to a third party, (iv) Verify other particulars mentioned in the application form, as required. 421 When the consumers premises has no frontage on a street and the service line from the licensees mains as to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises be owned jointly by the consumer and such other person), or in any other case the consumer shall bring at his own expenses any necessary way-leave, license or sanction for extension of distribution mains and service line and furnish to the licensee. The Licensee shall not arrange supply of power until the way-leave, license or sanction is received. Any extra expense incurred in placing the supply line in accordance with the terms of the way-leave, license or sanction shall be borne by the consumer. In the event of the way-leave, license or sanction being cancelled or withdrawn, the consumer shall, at his own cost arrange for, or in case the work is carried out by the licensee at the consumers request, pay full cost of, any diversion of the service line or the provision of any new service line thus rendered necessary. 4.22 It shall not be incumbent on the licensee to ascertain the validity or adequacy of way-leave, license or sanction obtained by the consumer. 4.23 In case it is possible to extend supply from the existing mains, the licensee will forward to the consumer, within 3 working days in urban areas and 5 working days in rural areas, an advice for the charges for laying the service line, the amount of security deposit and any other charges as applicable. The amount shall be payable in full within 15 working days, after which only any work for laying the service line will be taken up. The licensee will also intimate to consumer to execute the agreement. 4.24 In case it is necessary to extend distribution mains for giving supply to the consumer, the licensee will forward to the consumer, within 15 days in urban areas and within 30 days in rural areas, an advice containing the charges for extension of the distribution main, laying the service line, the amount of security deposit, any other charges as applicable and will also intimate if any additional formalities are required to be carried out by the consumer. In cases where the consumer has to lay the service line and extension of mains, the consumer shall pay the supervision charges on cost of extension of the distribution mains and laying the service line in addition to payment of other charges as may be applicable. The amount shall be payable in full within 15 working days along with completion of formalities, after which only any work for laying the distribution mains and service line can be taken up. The licensee will also intimate the consumer to furnish test report in the prescribed form. 4.25 In case the consumer fails to complete the formalities within 15 days, the licensee shall give him notice to complete the formalities within the next 15 days failing which, his requisition for supply shall be cancelled. Thereafter the consumer shall have to apply afresh for supply or additional supply as the case may be. 4.26 On deposit of charges as indicated above by the consumer, execution of the agreement and receipt of test report and intimation that the service line and extension work have been completed, the licensee shall intimate the consumer, within 3 days, the date of testing of the consumers installation. The consumer shall ensure that the licensed electrical contractor, who has carried out the wiring, should remain present during the testing. 4.27 On testing the consumers installation, if the licensee is satisfied with the test results, the licensee shall arrange to install the meter with the cut-out or MCB, seal the meter in presence of the consumer a n d provide supply. If the Licensee is not satisfied, he shall intimate the consumer the shortcomings in the wiring, in writing. The applicant shall be required to get the defects rectified. On payment of the prescribed fee, testing shall again be conducted as per Clause 4.26. 4.28 All work shall be completed within the time frame specified in Clause 4.74 (1). (b) LT Supply to Multi- Consumer Complex including Commercial Complexes 4.29 For the purpose of providing new power supply to a building or a group of buildings having more than one connection and a total load of 50 kW or more, the building shall be considered as a multi-consumer complex. 4.30 The supply to a multi-consumer complex shall be arranged through a separate distribution transformer of adequate capacity but not less than 100 kVA. The cost of extension including H.T. Line, distribution transformer and L.T. lines/ cables shall be borne by the developer/builder/society/consumer. 4[***] 4.32 In case it is not possible to give supply to the Multi-Consumer Complex by augmentation of the capacity of existing 33/11 KV substation or the load of the housing colony exceeds 2150 kW, the developer/builder/society/consumer shall bear the cost of the 33 kV line 5[***]. 6[The cost of construction new/augmentation of power sub-station of 33/11 kV, if required, shall be borne by the licensee.] 4.33 The developer/building/society/consumer includes any agency whether Government, local body or private that constructs the Multi-Consumer Complex. 4.34 Meters shall normally be provided at the ground floor in accordance with the procedure stated in the chapter on Meters. 4.35 The land/room required for housing the transformer substation and meters shall be provided by the developer/builder/society/consumer free of cost for which rent or premium shall not be paid by the licensee. Transformers should preferably be placed in open areas. In case installation of transformer in a room or closed area is unavoidable, all safety measures as per prevailing rules and regulations should be taken. 4.36 Connections for common facilities like lift, water pumps etc., shall be given in the name of the builder/developer/society. If requisition for supply to individual flats are not received from the flat owners, connections may be given in the name of the builder/developer/society. Such connections may subsequently be transferred to the individual flat owner/occupier of the flat after completing the necessary formalities prescribed in this regard. The agreement for such individual connection shall be executed accordingly. 4.37 In case the original approved plan is for a multi- consumer complex, but the builder/developer/society/consumer desires to avail connection for a portion of it, the connections shall be provided treating it as multi-consumer complex. 4.38 Due to additional construction or additional requirement of load, if a building comes under the category of multi-consumer complex and if a separate distribution transformer of sufficient capacity, for giving supply to such building was not provided earlier, it will be provided at the cost of the builder/developer/society/ consumer. Alternatively, the builder/developer/society/consumer shall arrange to suitably augment the capacity of the existing 7[11 kV/0.4kv] substation, if found feasible by the licensee. 8[***], 4.39 For the purpose of considering the criteria of a multi-consumer complex, for development of infrastructure for extension of distribution mains 9[***] the load of the multi-consumer complex shall be calculated on the following basis (area represents built-up area of individual unit): AREA LOAD (a) Upto 400 sq. ft. 1.5 kW (b) Above 400 sq.ft. & upto 700 sq.ft. 2.0 kW (c) Above 700 sq.ft & upto 1000 sq.ft. 3.0 kW (d) Above 1000 sq.ft & upto 1300 sq.ft 4.0 kW (e) Above 1300 sq.ft & upto 1600 sq.ft 5.0 kW (f) Above 1600 sq.ft & upto 2000 sq.ft 7.0 kW (g) Above 2000 sq.ft & upto 2500 sq.ft 10.0 kW (h) For every additional 500 sq.ft or part thereof over 2500 sq.ft of built up area, 1 kW of load should be added. The load of the common facilities like lift, water pump, parking lights etc. shall be taken as declared by the developer/builder/society/consumer. The aforesaid procedure for estimation of load is for the purpose of bringing about uniformity in the assessment of the load of the multi-consumer complex. However, security deposit etc. shall be worked out on the basis of the load as declared by the consumer and supported by the test report at the time of providing connection to individual consumer. 10[The multi-consumer complexes developed by the Government of M.P. in rural areas for rehabilitation/resettlement purpose shall be exempted from the provisions made above for estimation of load calculations. The load of such multi-consumer complexes shall be considered on the basis of load applied for by the applicant.] 4.40 On receipt of requisition from the builder/developer/society/consumer for supply of electricity to multi-consumer or commercial complexes, the licensee shall take action for extending the supply as per procedure given in clauses 4.19 to 4.28 as applicable. (C) LT supply to housing colonies 4.41 The developer/builder/society/consumers of a housing colony shall bear the cost of extension including the cost of 11 kV line, distribution transformer and LT lines/LT cables. 11[The cost of construction/augmentation of the capacity of power substation of 33/11 kV, if required, shall be borne by the licensee.] 12[***] The developer/builder/society/consumer includes any agency whether Government, local body or private that constructs the building/colony. 4.42 For the purpose of considering the criteria of a housing colony for development of infrastructure for extension of distribution mains 13[***] the load of the housing colony shall be calculated on the following basis (area represents plot area) : AREA LOAD (a) Upto 500 sq.ft 1.0 kW (b) Above 500 sq.ft & upto 1000 sq. ft. 2.0 kW (c) Above 1000 sq.ft & upto 1500 sq.ft. 3.0 kW (d) Above 1500 sq.ft & upto 2000 sq.ft 4.0 kW (e) Above 2000 sq.ft & upto 2400 sq.ft 5.0 kW (f) Above 2400 sq.ft & upto 3000 sq.ft 7.0 kW (g) Above 3000 sq.ft & upto 3500 sq.ft 10.0 kW 10[For every 500 sq.ft. above 3500 sq.ft. 1kW] (h) Plot or house for EWS 1.0 kW (i) Informal sector (reserved slum area) 0.5 kW per connection The load of the common facilities like lift, water pump, parking lights, street lights etc. may be taken as declared by the developer/builder/society/consumer. If, subsequently, the builder/developer/society/consumer constructs houses or buildings for sale, instead of sale of plots, the load will be reassessed on the b a s i s of the guideline given in clause 4.39.14[***] The developer/builder/society/ consumer will also be required to pay the cost of the additional infrastructure required for the purpose. 10[excluding the cost of construction of new/ augmentation of 33/11 kV power station. Cost of construction of new/ augmentation of 33/11 kV power substation shall be borne by the licensee.] The aforesaid procedure for estimation of load is for the purpose 15[***] deciding the number and capacity of distribution transformers and the length of HT/LT line required. However, the service connection charges, security deposit etc. shall be worked out on the basis of the load as declared by the consumer and supported by the test report at the time of serving connection to individual consumer. 10[The colonies developed by the Government of M.P. in rural areas for rehabilitation/resettlement purpose shall be exempted from the provisions made above for estimation of load calculations. The load of such colonies shall be considered on the basis of load applied for by the applicant.] 4.43 On receipt of requisition from the builder/developer/society/consumer for supply to housing colony, the licensee shall take action for extending the supply as given in clause 4.19 to 4.28 as applicable. (D) LT Supply for agriculture/irrigation pump sets 4.44 The procedure laid down in clauses 4.19 to 4.28 as applicable, shall be followed for giving supply to agriculture/irrigation pump sets where extension of distributing mains and/or augmentation of distribution transformer is not required. 4.45 Supply for agriculture/irrigation pump set, at one point, may also be given to a registered co-operative society or to a group of farmers recognized by the licensee. 4.46 If on inspection of the premises it is found that extension of distributing mains and/or augmentation of distribution transformer capacity is required, the possibility of taking up the work from financial assistance available from the Government or financial institution like Rural Electrification Corporation etc. shall be examined. Within 10 days of inspection, if no extension of line is required, and within 30 days of inspection if extension of line is required, the consumer shall be intimated whether the licensee can take up the work from funds available with the licensee from other sources or whether the work can be taken up only after the full cost of the works is deposited by the consumer. In case the work can be taken up only after the consumer deposits the estimated expenses, the licensee shall specify the amount along with the intimation. The work of electrification of such pump set(s), for which the full cost of the w ork is deposited by the consumer(s) will be taken up and completed within the period as mentioned in clause 4.74, of depositing the amount by the consumer(s) if extension work is involved. In case of long queue, work on new connection shall be taken up on the broad principle of first-come first serve basis. Within 3 working days of completion of work, the licensee shall intimate the date of testing of the installation of the consumer and request the consumer(s) to furnish the test report. In case he is satisfied with the test report and the wiring in the premises of the consumer, the connection shall be served within 3 working days of the inspection. 4.47 An agricultural consumer, if he so desires may shift the location within his premises of his connection, with approval of the licensee, within the premises after payment of charges as applicable. (E) LT Supply to Public Street Lightings 4.48 Requisition for power supply to new or additional public street lights shall be submitted in the prescribed format to the local office of the licensee by the Municipal Corporation or Municipality or Municipal Board or Gram Panchayat or Local Body or the Government Department or any other organisation made responsible by the Government to maintain public street lights (in context of public street lights hereinafter called local body). 4.49 The requisition for public lights shall be accompanied by resolution of the local body and the sketch indicating the number of poles, existing, or new, where street lights are required. Except otherwise directed by the Commission, the licensee may not provide a new street light connection if the local body, applying for new street light connection, has any electricity dues against it. 4.50 The fittings, brackets or any special fittings shall be in accordance with the relevant BIS specifications or its equivalent and shall maintain required clearances as per prevailing rules and regulations. The local body shall bear the full cost of arranging of power supply to public street lights including complete fittings and brackets. In case, any special fittings are to be provided, the local body shall arrange for it. 4.51 The licensee shall intimate the cost of extension in writing, within 15 days in urban areas and within 30 days in rural areas from the date of inspection of the site. The work shall be taken up only after deposit of the amount and execution of agreement by the local body. 4.52 A suitable double compartment weather proof metal box to house the energy meter and street light switch/M.C.B./timers shall be provided by the licensee. 4.53 The licensee shall carry out the maintenance of street light poles and electrical lines on payment basis and shall arrange to switch on fifteen minutes before sunset and switch off the street lights fifteen minutes after sunrise as per local sunset/sunrise timings. The licensee shall also carry out replacement of fixtures/ bulbs (of same wattage) etc. on the poles on request by the street light consumers. The fixtures, bulbs etc. shall be supplied by the consumers and replaced by the licensee within 7 days of receipt. All such services shall be chargeable. Such maintenance charges shall be included in the schedule of miscellaneous charges. (F) Temporary Power Supply 4.54 Any person requiring power supply for purpose that is temporary in nature, for a period of less than one year may apply for temporary power supply in the prescribed form (Annex -1 or 2). Requisition for temporary supply shall normally be given 7 days before the day when supply is required for loads upto 10 kW and 30 days before for higher loads. 10[The period of temporary connection can be extended up to two years for building construction activities and for the purpose of installation of equipments by industrial consumers for setting up their units.] 4.55 He shall also furnish the proof of occupation or permission from the local authority or from the owner of the premises, as the case may be, where temporary connection is required as stated in clause 4.15 In case temporary supply is required in premises/place where 100 or more persons are likely to assemble, the consumers shall comply with the provisions of section 54 of the Act. 4.56 If the supply is feasible, the licensee shall intimate the consumer the charges to be paid for the cost of laying and dismantling the extension work, service line, meter cut- out/MCB etc. together with the charges for the estimated consumption during the period of supply applied for and the rental of equipment and material. All the charges shall be payable in advance. If available, the licensee shall provide prepaid meters. The consumer shall have the option either to receive the material used for temporary connection or receive credit, in the final bill, as per prevailing rules, for materials dismantled and returned to stores, in good condition, after disconnection of supply. 4.57 In case temporary supply is required for a period more than 90 days, the licensee may permit the consumer to pay charges for estimated consumption for 90 days and serve the bills for monthly consumption. In case the consumer fails to pay the bills in time and the advance with the licensee does not cover the charges for the balance period, the supply is liable for disconnection. 4.58 If an agricultural consumer wishes, he may seek temporary connections for agricultural use. In such case the consumer shall pay the entire amount of bill charges payable for the period of proposed connection as advance. All charges and other conditions as applicable to temporary connections shall be applicable. In case a consumer defaults in clearing any dues under this provision, he shall not be provided new connection till previous dues are cleared. The licensee shall have the right to remove any equipment specifically installed for providing supply under this provision, after the period of supply is over. 4.59 The licensee shall release the supply within 3 days of payment of charges and compliance of other requirements by the consumer for loads up to 10 kW and within 15 days in other cases where extension of distribution mains is not required. Where extension of distribution mains is required, t h e supply shall be released within 60 days in case of LT consumers, 90 days for HT consumers and 180 days for EHT consumers. 4.60 The readings of the meter may be taken during the temporary connection to ensure that the charges for actual consumption does not exceed the advance payment received. 4.61 After the period of temporary supply is over and supply has been disconnected, the licensee shall prepare the final bill and send it to the consumer within 30 days from the date of disconnection of supply and return the balance amount, if any, within 30 days of surrender of original money receipt or submission of indemnity bond by the consumer. On any delay beyond the said time limit, the licensee will be liable to pay an interest @ 1% per month on the amount of refund outstanding for the number of days beyond the last date of payment, as specified above. 4.62 The licensee shall have in place a procedure of reporting and checks to see that provisions made herein are properly observed and no connections are given without realizing dues. (G) Tatkal Yojana 4.63 The licensee may give temporary supply at a notice of 24 hours under Tatkal Yojana, if it is technically feasible, on payment of an additional fee as approved by the Commission in the order on Miscellaneous Charges. (H) Supply at H.T. 4.64 After receipt of the requisition for supply of energy at H.T. in the prescribed format, the licensee shall intimate the consumer in writing the date of inspection of the site to examine the feasibility. The licensee shall intimate the feasibility or otherwise of supply within 15 days of receipt of the requisition. The consumer or his authorized representative shall remain present at the time of inspection. The licensee shall check the feasibility of supply and if found feasible, shall fix the point of entry of the suppliers line, the position of meter, metering equipment and other equipments of the supplier. The consumer may with the written permission of the licensee house his own HT switch gear and other apparatus connected with a supply of energy to him under the agreement signed between the consumer and the licensee and as must necessarily be placed therein, but such enclosure shall not be used for any other purpose. The licensee may insist on use of Ariel Bunched Cable, wherever considered appropriate, for the last span. The difference of cost of the last span on account of laying of Ariel Bunched Cable with respect to overhead bare conductor shall be borne by the licensee. 4.65 Supply to HT industrial consumers shall normally be given through HT feeder exclusively meant for industries. It may be preferable to extend supply through a separate feeder from the nearest 33/11 kV or EHT substation in case of consumers with continuous process industry or load of 3 MVA or more. 4.66 Supply to new HT consumer (both at 11 kV or 33 kV) shall normally not be extended from the rural feeder. If due to the prohibitive cost of extension of separate feeder from the nearest 33/11 kV or EHT substation, or for any other reason, the supply is given from a rural feeder, the consumer shall be informed that the supply shall be restricted and regulated in accordance with the restrictions imposed on the rural feeders as per grid conditions. Such consumer may be required to furnish a declaration to the licensee indemnifying the licensee for the restrictions in supply. 4.67 Within 30 days of intimating the feasibility, the licensee shall intimate the consumer the charges required to be paid for the cost of extension, if any, and the amount of security deposit and other charges if any. Copies of the draft agreement and the form of the required test report shall also be forwarded simultaneously. 4.68 After the payment of charges including security deposit and execution of the agreement, the licensee shall take up the work of extension of mains. If the consumer wishes he may execute the job on his own after payment of due supervision charges to the licensee. The work shall be completed within 90 days if extension work is required and within 30 days if no extension work is required. After completion of the installation, the consumer shall furnish to the licensee the test report and the permission from the Electrical Inspector to energize the installation. In case of mines, the permission from the Inspector of Mines shall have to be furnished. On receipt of the reports, the licensee shall intimate the consumer in writing, the date of inspection and testing of the consumers installation. In case the consumers installation is found in order, the licensee shall seal the meter in the presence of the consumer and serve the connection. (I) Supply at Extra High Tension 4.69 After receipt of the requisition in the prescribed format for supply of energy at EHT the licensee shall intimate the consumer in writing the date of inspection to check the feasibility of supply. The licensee and the Transmission Licensee shall carry out the inspection jointly. The consumer or his authorized representative shall remain present at the time of inspection. The two licensees shall check the feasibility of supply and if found feasible shall fix the point of entry of the suppliers line, the position of meter, metering equipment and other equipments of the supplier. The Licensee shall intimate the feasibility of supply within 15 days of receipt of the requisition. 4.70 Within 60 days of intimating the feasibility, the licensee shall intimate the consumer the charges required to be paid for the cost of extension, if any, and the amount of security deposit and other charges, if any. Copies of the draft agreement and the form of the required test shall also be forwarded simultaneously. 4.71 After the payment of charges including security deposit and execution of the agreement, the licensee shall request the Transmission Licensee to take up the work of extension required to give supply. If the consumer wishes he may execute the job on his own after payment of due supervision charges to the licensee. The work shall be completed within 180 days. 4.72 After the consumer executes his internal electrical works, he shall furnish to the licensee the test report and the permission from the Electrical Inspector to energize the installation (refer section 47 of IE Rules). In case of mines, the permission from the Inspector of Mines shall have to be furnished. On receipt of the reports, the licensee shall intimate the consumer in writing the date of inspection and testing of the consumers installation. If the consumers installation is found in order, the licensee shall seal the meter in the presence of the consumer and serve the connection. 4.73 Nothing contained in this chapter on New Power Supply shall be taken as requiring a licensee to give supply of electricity to any premises if he is prevented from doing so due to Force Majeure Conditions provided in clause 11.1. 4.74 The following table provides the target period of completion of various activities :- S.No. Type of Service Time Limit for Rendering the Service 1. LT connection a. Notice of inspection on receipt of complete application 3 working days b. Inspection after sending the notice- (i) Urban areas (ii) Rural areas 5 working days 10 working days c. (i) Issue of demand note to the applicant for payment of estimated charges (if the extension work is not required and the connection is to be given from the existing network)- (a) Urban areas (b) Rural areas 3 working days 3 working days (ii) Issue of demand note to the applicant for payment of estimated charges (if the extension work or enhancement of transformer capacity is required)- (a) Urban areas (b) Rural areas 15 working days 30 days d . Serving of power availability notice for commencement of supply/commencement of supply in areas where licensees distribution system exists-- (i) After payment of necessary charges (if the connection is required to be given from existing network)-- a. Urban areas 10 working days b. Rural areas (ii) After payment of necessary charges (if extension work or enhancement in transformer capacity is required)- 14 working days (a) All connections excluding agriculture. 60 days (b) Agricultural connection during season when clear access to fields is available. 90 days (if full cost of extension is paid) (c) Agricultural connection during season when no clear access is available. 90 days from the date access is made available (if full cost of extension is paid) 2. High Tension Connection a. Informing feasibility after receipt of the application 15 working days b. Issue of demand note of estimated charges (after issue of notice of feasibility) c. Serving of power availability notice for commencement of supply/release of connection after receipt of estimated charges subject to receipt of clearance from Electrical Inspector-- 30 days (i) If no extension work is involved 30 days (ii) If extension work is involved 90 days 3. Extra High Tension Connection a. Informing feasibility after receipt of the application 15 working days b. Issue of demand note of estimate charges after issue of notice of feasibility 60 days c. Serving of power availability notice for commencement of supply/release of connection after receipt of estimated charges 180 days (Since it will involve extension of line) (subject to receipt of clearance from Electrical Inspector) 4.75 The licensee shall maintain a priority register where the type of connection will be categorized in the following categories :- (a) Where no extension of distribution mains is required; (b) Where extension of distribution mains upto two poles is required; (c) Where extension of distribution mains of more than two poles is required. 4.76 The Commission may for reasons to be recorded, direct deviations from the above clauses 4.1 to 4.75 if in the opinion of the Commission the circumstance warrants such deviation. The Commission may issue such direction by an order to the licensee. 16[4.77 Terms and conditions of supply to Group user: Eligibility of any Group user: The Group users defined under sub-clause (II) above (2.1) shall be eligible to opt supply by a distribution licensee at a single point provided that the use of electricity for non-domestic activities is not more than 10% of the connected load against the total connected load declared in t h e agreement. 4.78 The supply shall be primarily used for residential purpose including the loads of common amenities for the group user like lift, pumps for pumping water supply and lighting of common area. The use of electricity for more than 10% of the declared connected load for commercial/non-domestic purposes shall not be permitted from this connection. The Group user shall inform the details of every non-domestic activity along with the connected load to the licensee at the time of seeking connection or at the time of enhancement in contract demand. The licensee may undertake physical checking of non-domestic load for the purpose of ensuring that the non-domestic load is with in permissible limit i.e. 10% of declared connected load. In case the use for commercial activity is observed for a load more than the permitted load, it shall be treated as unauthorised use. 4.79 On receipt of requisition in manner specified under clause 4.13 to 4.18 of M.P. Electricity Supply Code, 2004 from the applicant group user, the licensee shall verify the application and the enclosed documents at the time of receipt of application. In case of a Co-operative Group Housing Society, a certified copy of the registration of the applicant Co- operative Group Housing Society shall also be annexed along with the application requiring supply at single point. 4.80 The manner to process the application for single point HT supply to Group user shall be followed as per clause 4.64 of M.P. Electricity Supply Code. 4.81 System of supply and metering : The system of supply shall be either HT or EHT according to the range of contract demand specified in Chapter 3 of M.P. Electricity Supply Code. 4.82 The HT metering shall be installed at the point of supply to the Group user for the purpose of recording of units sold by the licensee and billing to the Group user. (a) The Distribution sub-station and other required infrastructure like LT lines, cables, feeder pillars, metering panels for individual meters and service lines etc. shall be laid by the applicant Group user and the Group user shall retain the ownership of all such assets. (b) The Group user shall be fully responsible for maintenance of complete infrastructure network after the HT metering point i.e., point of supply. The Group user shall also be responsible for maintaining all construction and safety standards in respect of all assets and works being retained and executed by the Group user. 4.83 The Group user shall be fully responsible for various commercial and technical activities related to distribution of electricity. 4.84 The extension of lines and up- gradation of system upto the point of supply of the Group user, notwithstanding that it has been paid for by the Group user, shall be the property of the licensee. The licensee shall maintain it at its cost and shall also have the right to use the same service connection/extension for supply of energy to any other person but such extension or service connection shall not adversely effect the supply to the Group user who paid for the extension of the distribution supply network. 4.85 The Group user can execute the work of extension of his own distribution network from the point of supply to the individual premises through a C or higher class licensed electrical contractor, and the work of extension of HT line and/or HT sub-station and LT lines through an A class contractor. In such case, the Group user itself shall procure the material. 4.86 T he land/accommodation required for installation of metering at supply point shall be provided by the Group user free of cost for which rent or premium shall not be paid by the licensee. 4.87 For the purpose of considering the criteria of a Group user, for development of infrastructure and for the sake of load calculations for recovering charges by the licensee, if any, the load of the housing colony shall be calculated on the same basis as is provided in Chapter 4 of this Code. 4.88 The electrical energy supply to the Group user shall not be utilized by the Group user in any manner pre-judicial to the licensee and all usage must be in accordance with the provisions of the agreement and the Acts as applicable. 4.89 The Group user shall not divert the use of energy other than purpose mentioned in the agreement. The Group user shall not extend the supply beyond its premises other than that for which it was sanctioned by the licensee, until and unless prior sanction of the licensee is obtained for such diversion or extension. 17[***] Agreement 17[4.90] The maps clearly indicating the plots/building and the electrical distribution network with indexing on each pole and transformer or any other equipment shall be submitted by the Group user, agreed upon and signed by both the Group user and the licensee shall form a part of the agreement. 17[4.91] If there is a need to modify/amend the agreement signed between the licensee and the Group user, it will be done by a supplementary agreement. 17[4.92] All other conditions of this Code (M.P. Electricity Supply Code) as applicable other than the terms and conditions specified in this amendment/addendum shall also be applicable to Group user. 17[***] Tariff applicable 17[4.93] The licensee shall raise the electricity bills on the units sold to the Group user at the applicable rate approved by the Commission. 17[4.94] Demand of supply from the licensee of the area by any person residing in the housing unit sold or leased by the Co- operative Group Housing Society: 17[4.95] The provisions of this regulation shall not in any way affect the right of a person residing in the housing unit sold or leased by Co-operative Group Housing Society to demand supply of electricity directly from the distribution licensee of the area on the following terms and conditions : (i) The Co-operative Group Housing Society must permit any person of the society to avail supply of electricity from the Distribution licensee directly. The Co-operative Group Housing Society shall have no objection in respect of the following :- (a) The electricity supply by the licensee to such person shall be served from the licensees distribution network. (b) Extension of adequate "distribution network by the licensee to release the supply to such person. (c) Providing access for the licensees representative to approach at any point of time to network of licensee in the premises of the group user including the point of supply to such consumer to discharge service obligations without any resistance. (ii) The meter shall be installed by the licensee at the appropriate place of the premise of such consumer and the reading and billing of electricity to such person shall be executed by the licensee, (iii) The licensee shall recover the charges for the electricity consumed by such person at the approved applicable domestic rates.] 1. The last sentence of the regulation namely : "A part of such expenses shall be met by system strengthening/capacity building charges if any." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 2. The last sentence of the regulation namely: "In cases where the charges are not approved, the consumer shall bear the actual cost of extension the service connection." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 3. Subs, by M.P. Electricity Supply Code, 2004 (Ninth Amendment) [No. AG-1 (ix) of 2006] (w.e.f. 11-8-2006). 4. Regulation 4.31, namely: "4.31 The developer/builder/society/consumer shall also pay system strengthening charges or capacity building charges if any." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 5. Words "and 33/11 KV substation of required capacity" deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 6. The last sentence of the regulation namely : "In such cases System Strengthening Charges or Capacity Building Charges, if any, shall b e payable according the procedure approved in the Schedule of Miscellaneous Charges." substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 7. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 8. The last sentence of the regulation namely : "However, the system strengthening charges or capacity building charges, if any, shall be payable for the new connections or additional load only." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 9. Words "and for calculating the system strengthening charges or capacity building charges, if any," deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 10. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 11. The last sentence of the first paragraph of the regulation namely: "The developer/builder, shall also pay System Strengthening Charges/Capacity Building Charges, if any." substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 12. The second paragraph of the regulation namely: "In case it is not possible to give supply to a housing colony by augmentation of the capacity of existing 33/11 KV substation or the load of the housing colony exceeds 2150 kW, the developer/builder/society/consumer shall bear the cost of 33 kV line and 33/11 kV substation of required capacity. In such cases System strengthening charges or Capacity Building Charges, if any, shall be payable according the procedure approved in the Schedule of Miscellaneous Charges." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 13. The words "and calculating the system strengthening charges or capacity building charges, if any," deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 14. Words "The developer/builder/society/consumer shall be liable to pay the additional amount payable, if any, as per the new assessment." deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 15. Words "of calculation of charges and also for" deleted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 16. Clauses added by M.P. Electricity Supply Code, 2004 (Third Amendment) [No. AG-1 (iii) of 2005] (w.e.f. 6th January, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 6th January, 2006 at pages 18-21. 17. The sequence of Clauses in the Gazette was 5.0, 5.1, 5.3, 6.0, 6.1, 7.0 and 7.1 respectively which being incorrect, has been changed. CHAPTER 5 POINT OF SUPPLY AND LICENSEE'S EQUIPMENT IN PREMISES 5. Point of Supply :- 5.1 Unless otherwise agreed to, the point of supply shall be at the outgoing terminals of Licensees :- (a) cut-outs in the case of LT consumers, and (b) control switch gear that may be installed in the licensees or consumers premises as agreed to mutually in the case of HT or EHT consumers. 5.2 Supply shall be given at a single point in the premises (refer clause 4.18) at the incoming terminals of the licensees cut-outs/MCB/control switch gear. However, in case of coal mines the licensee may provide supply at more than one point in the installation of the consumer having regard to the physical layout of the installation and the requirements of the consumer. The licensee shall be required to intimate a summary of such cases 1[consumer category wise] to the Commission 2[half yearly]. Dedicated Feeder 5.3 Consumers desirous of getting power supply from dedicated feeders may request for such facility to the licensee. The dedicated feeder shall be extended from the Power Substation to the consumers point of supply. In such cases the consumers shall be liable to pay the cost of Bay and all protection Switch gears and its accessories provided at the power substation for this feeder in addition to the cost of the feeder. On receipt of such request, the licensee will check the feasibility based on merit of providing a dedicated feeder to the consumers premises. If found feasible, the consumer will be provided with a dedicated feeder and the consumer will be liable to pay additional charges as indicated in the Schedule of Miscellaneous Charges. Licensees Equipment on Consumers Premises 5.4 The consumer shall provide free of cost to the licensee necessary land belonging to the consumer and afford all reasonable facilities for bringing in not only the direct cables or overhead lines from the licensees system for servicing the consumer, but also cables or overhead lines connecting licensees other consumers and shall permit the licensee to install all requisite switch gears and connections thereto on the above premises and to extend supply to such other consumers through the cables and terminals situated on the consumers premises, provided supply to the consumer in the opinion of the licensee is not thereby unduly affected. 5.5 The meter, cut-out/MCB, service mains and other equipment belonging to the licensee, must on no account be handled or removed by any one who is not an authorized employee/representative of the licensee. The seals, which are fixed on the meters/metering equipments, load limiters and the licensees apparatus, must on no account be tempered, damaged and broken. The responsibility for the safe custody of licensees equipments and seals on the meters/metering equipments within the consumers premises shall be on the consumer. 5.6 In the event of any damage caused to the licensees equipments in the consumers premises by reason of any act, neglect or default of the consumer or his employees/representatives, the cost thereof as claimed by the licensee shall be payable by the consumer. If the consumer fails to do so on demand, it shall be treated as a contravention of the terms and conditions of supply agreement and the supply shall be liable to be disconnected after due notice. The consumer shall however be liable to pay the charges as per the provisions in clause 7.26 of this Code. 5.7 The licensee is responsible for maintaining the meters and equipments, installed at consumers premises from where electricity is supplied to the consumer. Failure of fuse/supply 5.8 Should the licensees service fuse or fuses fail, at any time, notice thereof should be sent to the licensees local office as specified in the Guidelines for Redressal of Consumer Grievance approved by the Commission. Only authorized employees possessing the photo-identity card of the licensee are permitted to replace these fuses in the licensees cut-outs. Consumers are not allowed to replace these fuses. The licensee should not allow its employees to carry out any repairs in the consumers installations. 5.9 The licensee shall take all reasonable precautions to ensure continuity of supply of electrical energy to the consumer but shall not be responsible for or liable to the consumer for any loss to him or damage to his plant and equipment due to interruptions in supply of electrical energy due to Force Majeure Conditions provide in clause 11.1. 5.10 The licensee shall always be entitled for the purpose connected with the working of its supply system to temporarily discontinue the supply for such period as may be necessary, subject to reasonable advance notice being given in this behalf, with the object of causing minimum inconvenience to the consumer. 1. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 2. Substituted for the words "annually" by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). CHAPTER 6 WIRING AND APPARATUS IN CONSUMER PREMISES 6. Wiring on Consumers Premises :- 6.1 For the protection of the consumer and the public in general, it i s necessary that the wiring on the consumers premises should conform to the Indian Electricity Rules, 1956, and the rules of the Fire Insurance Company in terms of which the building is insured and be carried out by a Licensed Electrical Contractor. The materials used for wiring shall conform to the relevant specifications of the Bureau of Indian Standard of its equivalent. Wherever applicable the materials used shall bear ISI mark. As soon as the consumers installation is completed in all respects and tested by the consumers contractor, the consumer should submit to the licensee, the contractors test report. The test report form (Annex.- 4) for this purpose shall be submitted to the local office of the licensee. It is important that the conditions stated therein are fully complied with, as otherwise there may be a delay in obtaining the supply. 6.2 As required by rule 45 of the Indian Electricity Rules, 1956 no electrical installation work, including addition, alteration, re p air and adjustment to existing installation except the replacement of lamps, fans, fuses, switches and other component parts of the installation - which in no way alter the capacity or character of the installation shall be carried out in the premises on behalf of any consumer or owner for the purpose of supply of energy to such consumer or owner, except by an electrical contractor licensed by the State Government in this behalf and under the direct supervision of a person holding a certificate of competency or by a person holding a permit issued or recognised by the State Government. 6.3 Any person committing breach of rule 45 shall render himself liable to punishment under rule 139 of the Indian Electricity Rules, 1956. 6.4 Provisions of rule 32 of the Indian Electricity Rules, 1956 should be complied with in respect of consumers installation. No cut-out, link or switch other than a linked switch arranged to operate the earthed and live conductors simultaneously, shall be inserted in the conductor of the consumers installation to be connected to the neutral conductor of the licensees system. General Wiring Conditions Mains 6.5 The consumers mains shall, in all cases, be brought back to the licensees point of supply and sufficient cable shall be provided for connecting up with the licensees apparatus. Switches and Fuses 6.6 The consumer shall provide proper linked quick-break main switches of requisite capacity to carry and break current in each conductor near the point of commencement of supply. The switches in the consumers premises shall be on the live wire and the neutral conductor shall be marked for identification where it leaves the consumers main switch for connecting up to the meter. No single pole switch or cut-out should remain inserted in any neutral conductor. Balancing of load 6.7 The consumer taking three-phase supply shall balance his load between the phases as per IE Rules Annexure VI, section 22(c). Earthing 6.8 Gas and water pipes shall on no account be used for earthing purposes. All wiring shall be kept as far as possible away from gas and water pipes. Domestic appliances 6.9 For the safety of the wiring at the consumers premises, separate Circuit for heaters, geysers, air-conditioners and for cooking apparatus like oven, micro wave even shall be run with adequate size of wire from the main distribution board of the consumer. Wall plugs used on the circuits for domestic appliances shall be of the three-pin type, the third pin being connected to "earth". Two pin plugs shall not be allowed. All appliances used in bathroom for heating or washing purposes or in any damp location must be effectively earthed. Plugs 6.10 All plugs shall be provided with switches on the live wire and not on the neutral (IE Rules Annexure VI, section 22(h)). Apparatus interfering with licensees system 6.11 The licensee may discontinue the supply giving reasons if the consumer installs any instrument, apparatus that are likely to affect adversely, the supply to other consumers. Supply shall be restored on taking appropriate remedial action to the satisfaction of the licensee. A.C. Motor installations 6.12 The motor shall be provided with control gear so that the starting current of consumers installation does not in any case exceed the limit given i n the following schedule:- Nature of Supply Size of installation Limit of starting current Single Phase Upto and including 1 Six times full load current Three Phase Above 1 BHP and upto and including 10 BHP Three times full load current Above 10 BHP and upto and including 15 BHP Twice full load current Above 15 BHP one and a half times full load current Failure to comply with these regulations will render the consumer liable for disconnection forthwith. Consumers Apparatus 6.13 The apparatus/appliances/gadgets used by consumers should conform to the standards and specifications prescribed by the Bureau of I ndian Standards or equivalent and the particulars on the Standards shall be maintained at the offices of the division, circle, region or company headquarter of the licensee. Power Factor of Apparatus Welding Transformers 6.14 All LT installations where the connected load of welding transformers exceeds 25% of the total connected load will be required to have suitable capacitor(s) installed so as to ensure power factor of not less than 80%. Consumers shall be liable to pay penalty specified by the Commission, from time to time, on account of poor power factor. Low Tension Shunt Capacitor 1[6.15 Every L.T. consumer, including irrigation pump set consumer, whose connected load includes induction motor(s) of capacity of 3 BHP and above, shall arrange to install Low Tension Shunt Capacitors of appropriate capacity at his cost across the terminals of his motor(s). The consumer on whose LT connection the meter provided by the Licensee does not have the power factor recording feature, shall ensure installation of Capacitors as per ratings indicated in the following table and shall maintain these capacitors in working condition. Sr.No. Rating of Individual Induction Motor KVAR Rating of LT Capacitors 1 3 BHP and above up to 5 BHP 1 2 Above 5 BHP upto 7.5 BHP 2 3 Above 7.5 BHP upto 10 BHP 3 4 Above 10 BHP upto 15 BHP 4 5 Above 15 BHP upto 20 BHP 5 6 Above 20 BHP upto 30 BHP 6 7 Above 30 BHP upto 40 BHP 7 8 Above 40 BHP upto 50 BHP 8 9 Above 50 BHP upto 100 BHP 9 The consumer on whose LT connection, the meter provided by the Licensee has the power factor recording feature, shall ensure that the capacitors installed by him ensure power factor of 80% and above. Supply to LT installations with induction motor(s) of capacity of 3 BHP and above will not be given unless suitable capacitors to improve power factor are installed.] 6.16 All LT consumers, other than consumers covered in clause 6.15 with load of 50 kW or above, shall install capacitor of appropriate capacity so as to ensure power factor of 80% and above. Consumers shall be liable to pay penalty specified by the Commission, from time to time, on account of poor power factor. 6.17 1[LT consumer, in whose case the meter installed does not have power factor recording feature and who fails to provide LT capacitors as specified hereinbefore and fails to maintain these capacitors in working condition, would be liable to pay a surcharge as may be specified in the tariff order from time to time. LT consumer in whose case the meter installed has power factor recording feature and who fails to maintain power factor as per specified limits, as recorded by meter, by installing appropriate capacitors, would be liable to pay a surcharge as may be specified in the tariff order from time to time.] Levy of power factor surcharge as indicated herein, shall be without prejudice to the right of the licensee to disconnect the consumers installation till steps are taken to improve the power factor by installing suitable shunt capacitors. 6.18 The licensee may discontinue supply, after due notice of 15 days, to any installation where the average power factor is less than 70% without prejudice to the right of the licensee to levy demand/minimum charges as applicable during the period of disconnection. High Tension Consumers 6.19 The following controls shall be installed (refer section 50 of IE Act) :- (a) A linked switch with fuse(s) or a circuit breaker for consumers haying aggregate installed transformer/apparatus capacity up to 1000 kVA if supplied at voltage of 11 kV and 2500 kVA if supplied at a voltage of 33 kV. (b) A circuit breaker along with linked switch for consumers having an aggregate installed transformer/apparatus capacity above 1000 kVA if supplied at 11 kV and above 2500 kVA if supplied at 33 kV. (c) In either case, suitable automatic circuit breakers shall be installed on the low-tension side of each transformer or on each feeder. Extra-High Tension Consumer 6.20 Extra-High Tension consumer shall install a circuit breaker on HV side of the transformer (refer section 50 of IE Act) HT/EHT Consumers 6.21 All transformers, switch-gears and other electrical equipments in the installation of the consumer and also those directly connected to the feeders or lines of the licensee shall be of suitable design and be maintained by the consumer to the reasonable satisfaction of the licensee. The setting of fuses and relays on the consumers control gear, as well as the rapturing capacity of any of his circuit breakers, shall be subject to the approval of the licensee. 6.22 Notwithstanding the provisions under clause 6.19, it is necessary that the consumer should obtain prior approval of the Electrical Inspector about the suitability of protective devices or circuit breakers in accordance with the provisions of the prevailing laws, rules and regulations. 6.23 The consumers 2[except Railway traction] shall maintain a power factor of 90% and above. 2[The railway traction consumers shall maintain a power factor of 85% and above.] Consumers shall be liable to pay penalty or receive incentive specified by the Commission, from time to time, on account of variation from specified power factor. The licensee may discontinue supply 2[except railway traction and coal mines consumers], after due notice of 15 days, to any installation where the average power factor is less than 70% without prejudice to the right of the licensee to levy demand/minimum charges as applicable during the period of disconnection. Inspection and Testing of Consumers Installation 6.24 Before any wiring or apparatus in the case of low-tension consumer and any transformer, switch gear or other electrical equipment in the case of high-tension consumer is connected to the system, it shall be subject to inspection and approval of the licensee and no connection shall be made without the licensees approval. In addition, all high-tension installations will have to be approved by the Electrical Inspector and all electrical installations in mines will have to be approved by the Inspector of Mines. 6.25 Upon receipt of the test report, the licensee will notify to the consumer the time and day when the licensee proposes to inspect and test the installation. The consumer shall ensure that the Licensed Electrical Contractor or his representative, technically qualified, employed by him is present at the time of inspection to furnish to the licensee any information concerning the installation required by him. The licensee shall provide a copy of the inspection report to the consumer and obtain the acknowledgment of the consumer. 6.26 Manufacturers test certificate in respect of all HT apparatus shall be produced, if required. 6.27 The licensee shall not connect the conductors and fittings on the consumers premises with its works unless it is reasonably satisfied that the connection will not at the time of making connection cause a leakage from the installation or apparatus of a magnitude detrimental to safety. The value of the insulation resistance should be as provided in Rule 48 of I.E. Rules, 1956. 6.28 If the consumers installation is found to be not safe for connection, the licensee shall advise the consumer in writing specifying the defects to be rectified. On receipt of intimation of rectification of defects, the licensee shall retest the installation. 6.29 The licensee shall levy no charge for the firs test. Subsequent tests, necessitated due to faults found at the initial test shall be charged for in accordance with the rates approved by the Commission. The licensee will not accept any responsibility with regard to the maintenance or testing of wiring on the consumers premisses. Extensions and Alterations 6.30 No electrical installation work, including additions, alterations, repairs and adjustments to existing installations, except such replacement of lamps, fans, fuses, switches, low voltage domestic appliances and fittings as in no way alters its capacity or character, shall be carried out upon the premises of or on behalf of any consumer, for the purpose of supply to such consumer except by an electrical contractor licensed in this behalf and under the direct supervision of a person holding a certificate of competency. Extension or alteration of load to all high- tension installations will have to be approved by the Electrical Inspector and similarly for all extensions and alterations of electrical installation in mines will have to be approved by Inspector of Mines. 6.31 If as a result of such proposed extensions and alterations, there is possibility of an increase in connected load or contract demand over sanctioned connected load or contract demand, the consumer shall take steps to submit requisition for additional supply. Failure to regularise the increase in connected load or contract demand may not only result in billing at the penal rates, as provided for under the rules, but may also result in disconnection of supply after due notice. Access to Consumers Premises for inspection of Consumers Installation 6.32 The authorized persons of the licensee are entitled, at any reasonable time and on informing the occupier of their intention, may enter the premises of the consumer to which energy is supplied, for the purpose of inspecting and reading meters on the consumers premises, for disconnecting supply, for removing the licensees apparatus, for testing repairs, replacing altering and maintenance o f its property or for doing all things necessary or incidental to proper continuance and maintenance of supply to the consumer. All such persons visiting consumers premises must carry photo-identity cards issued by the licensee and shall produce the same to the consumer or the occupier before entering the premises. The consumer should immediately check with the licensee if the credentials of representatives are in question. 6.33 The Licensee or his authorized person shall be entitled to enter the premises immediately after informing the consumer, for checking unauthorised use of energy, unauthorized additions and alterations t o equipment, theft and misappropriation of energy, diversion of power, by-passing or tampering of the meter, or for general inspection and testing. On detection of unauthorised use of energy, unauthorized addition and alteration to equipment, theft and misappropriation of energy, diversion of power or by passing of tampering of the meter the licensee may take actions as per prevailing laws. 6.34 Provided that no inspection, testing or checking of any domestic place or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. 6.35 If the consumer does not provide reasonable facility to the licensee to enter the premises for the reasons stated in clause 6.32 and clause 6.33 the licensee may give a 24 hours notice in writing to the consumer of its intention to discontinue the supply. If the consumer still does not provide access, the licensee shall be entitled to discontinue supply to the consumer. 6.36 If the insulation resistance of the consumers installation is found to be so low as to prevent safe use of energy, the licensee or his authorized representative after giving 48 hours notice shall, without prejudice to other actions as per law, disconnect the supply of power to the premises till the defects are removed, in accordance with Rule 49 of Indian Electricity Rules, 1956. Rating of Installations 6.37 The connected load [refer clause 2.1 (i)] of Domestic category of consumers shall be determined as per the procedure given in Annexure 3. Normally survey of load shall be carried out once in two years. The licensee may also carry out verification of load in selected areas periodically. However, if the licensee has reasons to believe that a particular domestic connection or a group of domestic connections might be involved in unauthorised abstraction of power, the officer-in-charge may conduct a survey of the consumers premises. 6.38 The licensee shall send formats of self declaration of connected load to all consumers once in six months. 3[The consumers may fill-up the form and submit it back to the licensees concerned office within a month. If consumer fails to submit the form within the specified period, the licensee shall be at liberty to inspect such premises and carry out assessment of load and intimate the consumer accordingly. In case the load is found increased than the contract demand then the licensee shall take further steps as per rules and regulations.] The domestic consumers may also declare enhanced connected load of his premises, any time during the year, by completing the format given in Annexure 3 and submitting the same to the licensee along with an application for change in connected load. The licensee may arrange to conduct a survey of the premises of the consumer to determine the load of the premises. In case such a survey is not carried out within thirty days from the date of submission and the load applied for is higher than the recorded load of the consumer, the load declared by the consumer shall be deemed to have been accepted. The licensee shall issue the demand note for additional charges, if any, immediately. 6.39 The connected load of all categories other than Domestic category of consumers shall be the aggregate of the manufacturers rating of all energy consuming devices, in the consumers premises, which can be used simultaneously. This shall be expressed in kW, kVA or HP. During the process of determination of connected load, if the manufacturers rating is not available, the licensee may use suitable apparatus to determine the load of the item. If, both air- conditioner and room heater are found in the same premises, the load of the item with higher rating shall be taken into account. Items stocked for the purpose of sale/ repair or genuinely as spare shall not be considered for the purpose of determination of connected load. The licensee shall carry out periodic survey of street lights and record the type of lamps being used along with their load. 6.40 All installations other than those of Domestic category are subject to rating/re-rating by the licensee at its discretion. If the consumer is not satisfied with the rating determined by the licensee, he may get his apparatus rated by one of the engineering institutes approved by the licensee for determination of load of apparatus. Both the consumer and the licensee may appoint their respective representatives to be present during the process of determination of load at the institute. The final report issued by the institute shall be accompanied with the details of test(s) conducted. The rating determined by the said institute shall be final and acceptable to both the consumer and the licensee. 6.41 Where for any reason, it is not possible to determine the maximum demand, power factor or any other electrical quantity in respect of an installation, the licensee shall determine such quantities periodically by rating/re-rating which shall be binding on the consumer. 6.42 If a consumer applies to the licensee for re- rating his installation due to additions or alternations in the installation, the procedure as stated in clause 7.3 to clause 7.14 shall apply. Generator in the Consumers Installation and Parallel Operation with the Supply System of the Licensee 6.43 Operations of the generator in the consumers installation run parallel with the licensees system is permissible only with the written consent of the Licensee. 6.44 Where no such consent has been given, the consumer shall arrange the plant, machinery and apparatus of his generating units, including an extension of or addition to the same, to operate in an isolated mode and the generator, in no case, should get connected to the licensees system. The licensee, on intimating the consumer can enter the premises and inspect the arrangement to ensure that at no time the generator gets connected to its system. 6.45 Where consent has been given for parallel operation, the consumer shall arrange his installation to protect it from disturbances in the licensees system. The consumer should also ensure that his supply does not get incorrectly connected to the licensees system. The licensee shall not be liable for any damage caused to the consumers plant, machinery and apparatus on account of such parallel operation, or any adverse consequence arising thereof. For parallel operation with the grid, the consumer shall have to follow the provisions of the M.P. Electricity Grid Code and other relevant regulations. The actual operations shall be carried out in coordination with both the State Transmission Utility and the licensee. 6.46 In case the consumers supply gets extended to the licensees system from a generator or inverter or from any other source, without appropriate approval from the licensee, causing damage to the licensees apparatus or to human life, the consumer shall be liable for the same and shall duly compensate the licensee for all losses caused to the licensee or to the licensees other consumers. Harmonics 6.47 If the licensee detects and proves to the consumer that the consumers system is generating harmonics above acceptable limits, the licensee shall request the consumer to install appropriate harmonic filter. The consumer shall install such filters within a period of 4[six months]. 1. Subs. by MP. Electricity Supply Code, 2004 (Tenth Amendment) [No. AG-1 (x) of 2006]. 2. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 3. Words "The consumers may fill-up the form, if his actual current connected load is at a variance form the recorded connected load." substituted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). 4. Subs. by M.P. Electricity Supply Code, 2004 (Tenth Amendment) [No. AG-1 (x) of 2006] for "thirty days". CHAPTER 7 CONTRACT DEMAND, AGREEMENT, SECURITY DEPOSIT 7. Contract Demand :- 1[LT Consumers (without Maximum Demand (MD) based (two part) tariff)] 1[7.1 The Contract Demand for LT consumers without MD based (two part) tariff will be the connected load of the premises as per the agreement entered into between the Consumer and the Licensee for consumers other than Domestic consumers. In case of Domestic consumers the load shall be expressed as "authorized load" and the agreement shall be executed accordingly. The authorized load shall be only in multiples of 0.5 KW (500 Watts) and shall be sanctioned so initially by the distribution licensee on application of consumer for new connection. Minimum authorized load for domestic connections shall be 0.5 KW. One KW of authorized load will be equated to a consumption of 150 units and half KW with 75 units per month or part. The above arrangement will provide relief to the consumers who find it irksome to have their domestic premises frequently inspected by the licensees staff to verify the connected load. This shall also facilitate the licensee in estimating the load on the system and basing his power procurement plan accordingly. Another benefit of the above arrangement is that the licensee shall be in a position to ascertain the need for a three phase connection in place of a single phase connection when the consumption pattern of the consumer indicates a higher authorized load beyond the specified limit. The licensee will ensure that a three phase meter of appropriate specifications is provided in all such consumer premises where the authorized load qualifies for the same. However the consumer will have the right to ask for a three phase connection even if the consumption is not qualifying for a three phase connection. A consumer with a higher authorized load can ask for reduction in authorized load if he is able to show that his consumption during the preceding 6 months justifies the lower limit. The licensee shall be required to take a decision on the application of the consumer within 60 days on receipt of application. For the existing connections which have consumption higher than the sanctioned load, the licensee shall be required to verify from the consumption record and take appropriate action to revise the authorized load and provide appropriate connection and meter. Even though the Act requires all connections to be metered, there are some un- metered connections and the licensee has been given some time to fix meters. Till then, these un-metered connections (domestic) will be assumed to be having one KW of authorized load and will be billed accordingly.] LT Consumers with MD based tariff and all HT and EHT consumers 7.2 The Contract Demand shall be as per the agreement entered into between the consumer and the Licensee and having regard to the requirement of the consumers installation. 2[Procedure for Enhancement of Contract Demand/Connected Load] 7.3 Applications for enhancement of load shall be submitted in duplicate to the licensee in the prescribed form (attached as Annex 1 & 2). 7.4 Within thirty days, the licensee shall examine the feasibility of supply of the enhanced load and intimate the consumer:- (a) Whether the additional power can be supplied at the existing voltage or at a higher voltage. (b) Addition or alterations, if any, required to be made to the system and the cost t o be borne by the consumer. (c) Amount of additional security deposit, cost of additional infrastructure and the system strengthening charges or capacity building charges, if any, to be deposited. (d) Change in the classification of consumer, if required. 7.5 The application for enhancement of the contract demand will not be accepted if the consumer is in arrears of payment of the licensees dues. However, the application may be accepted if the payment of arrear due from the consumer has been stayed by a Court of law, or by the MPERC or an authority appointed by MPERC. 7.6 If the supply of enhanced load is feasible, the consumer shall: (a) Furnish work completion certificate of consumers installation and Test report from a Licensed Electrical contractor where alteration of installation is involved. (b) Furnish Letter of approval for the electrical installation of the consumer from the Electrical Inspector, if required. Similarly approval from Inspector of Mines shall be provided for additional load to be provided for electrical installation for mines. (c) Pay additional security deposit cost of addition or alteration required to be made to the system, if any, and the system strengthening charges or capacity building charges, if applicable. (d) Execute a supplementary agreement. 3[(e) In cases where demand based tariff is applicable and the consumer desires to enhance his connected load without any change in contract demand, he shall make an application to the licensee along with the details of load of existing equipments and equipments that are proposed to be connected. The licensee shall inspect the premises of the consumer and shall verify the connected load within 30 days and inform the consumer as to whether the connected load is within the ceiling prescribed as per tariff applicable to that consumer. In case any change is required in the applicability of tariff, the licensee shall inform the consumer in writing within 30 days of receipt of application. The licensee and consumer shall enter into agreement for enhancement of connected load, if contract demand and applicability of the tariff is not required to be changed and the list of equipment giving details of connected load shall form a part of the agreement. The consumer however shall not be required to pay any additional security deposit or any other charges except agreement charges in such a case.] 7.7 If no addition or alteration to the system including new/alternate metering arrangement is required, the enhanced load will be released from a date as stated in the new agreement after completion of the requisite formalities. If the system needs any alteration or addition the procedure as given for a new connection shall be followed. 7.8 In case of Railway Traction, the consumer may be provided such additional supply in excess of contract demand as may be agreed between the licensee and the consumer after the latter has given due notice of six weeks in writing of his desire to have the contract demand altered. Procedure for Reduction of Contract Demand 7.9 No application for reduction of Contract Demand shall be entertained within the period for first two years from the date of contract. 4[7.10 Applications for reduction of load, after the expiry of initial period of agreement of two years, shall filed in duplicate to the Licensee in the prescribed form. 7.11 A Test report from a competent Licensed Electrical Contractor shall be submitted by the consumer along with the application where alteration of installation is involved.] 4[7.12 After the expiry of the initial period of agreement of two years, a consumer will be entitled to reduce contract demand of his connection and such request when made to licensee shall come into effect after a period of 30 days. The reduction shall be duly reflected by the licensee in the bill for the billing period that commences after 30 days when the application is made. Any subsequent request for reduction in contract demand can also be made to the licensee after expiry of at least one year. Reduction in contract demand is subject to permissible minimum contract demand on relevant voltage level.] 5[Request of the consumer for reduction in contract demand of his connection shall not be refused by the Licensee on the ground that there are dues payable to the licensee against the connection.] 7.13 In all existing agreements executed prior to this Code coming into effect, if there is any provision regarding restriction on reduction of Contract Demand, the same shall be deemed to have been modified to the extent of the provision made in this present Code. 7.14 When reduction of contract demand is agreed to, the consumer shall execute a supplementary agreement. The licensee shall recalculate the security deposit and any excess security deposit shall be adjusted in five equal installments in five succeeding bills. Agreement 7.15 An agreement, in the standard format, shall be executed by the applicant on the stamp paper of a prescribed value, for getting a new connection and for change in the agreed parameters like contract demand. In case of any special circumstances, special clauses may be added to the agrement, if agreed to between the licensee and the consumer, provided such clauses do not contravene the provisions of the Electricity Act, 2003 (36 of 2003), the Electricity Supply Code, and other rules and regulations in force. These special clauses shall form a part of the agreement. A copy of the agreement shall be given to the consumer after execution. The maps submitted, agreed upon and signed by both the consumer and the licensee shall form a part of the agreement. 6[7.16 The standard format of agreement for LT consumers shall be as per Annexure-5 and for HT consumers shall be as per Annexure-6, as appended with this Code. The initial period of agreement in case of both HT and LT consumers shall be of two years except LT domestic and LT single phase non-domestic consumers.] 7.17 No consumer shall sell electrical energy supplied to him by the Licensee to any other person. 7.18 In case of break- down in electricity supply system of the licensee, the supply of electricity to the consumer may be curtailed, staggered or cut-off as may be warranted according to the situation. The licensee may also curtail, stagger or cut-off electricity supply to consumers on account of periodical maintenance of electricity supply system, after giving due notice to the consumers. 7.19 The licensee may resort to regulation (planned load-shedding) of supply to the consumers, after due notice, if the Commission orders accordingly as per the provisions of section 23 of the Act. 7.20 The electrical energy supplied to the consumer shall not be utilized by the consumer in any manner prejudicial to the licensee and all usage must be in accordance with the provisions of the agreement and the Acts as applicable. 7.21 No consumer shall divert the use of energy to any other purpose, other than that mentioned in the agreement or extend the line beyond its premises other than that for which it was sanctioned by the licensee, until and unless prior sanction of the licensee is obtained for such diversion or extension. 7.22 If there is a need to modify/amend the agreement signed between the licensee and consumer, it will be done by a supplementary agreement. 7.23 Where the consumers installation is disconnected from the licensees supply as per direction of the Government or the Electrical Inspector, the supply shall be reconnected on payment of prescribed reconnection fee with the approval of the Government or the Electrical Inspector or other appropriate authority, as necessary. During the period of temporary disconnection the consumer shall be liable to pay the demand/minimum charges except when the disconnection is done on the orders of the District Collector. 7.24 Any amendments for the purpose of change of name, shifting of premises, change in connected load or change of tariff category shall be done if both the consumer and the licensee agree to these amendments and the same shall be incorporated in the agreement by execution of a supplementary agreement. Termination of Agreement 7.25 If power supply to a consumer remains disconnected for a period of sixty days for non-payment of charges or dues or non-compliance of any direction issued under this Code, the licensee shall issue a show cause notice, to be replied within seven days, to the consumer for termination of the agreement. In case 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 terminated on expiry of the period of seven days, provided the initial period of the agreement is over. During the period of temporary disconnection the consumer shall be liable to pay the demand charges or minimum charges. 7.26 Domestic and single-phase non domestic category of consumers may terminate the agreement after giving a 15 days notice. Consumers other than domestic and single phase non-domestic category can terminate the agreement after the expiry of the initial period of two years on giving one months notice. However, if the agreement is to b e terminated for reasons whatsoever, for categories other than Domestic and single phase Non-domestic, before expiry of the initial period of agreement, the consumer shall be liable to pay charges as per tariff for the balance period of the said two years. The licensee shall arrange for special meter reading, at a mutually acceptable date, to facilitate preparation of the final bill of the consumer. The agreement shall be terminated on the last day of the 5[billing] month and the licensee shall raise the final bill accordingly. 7.27 On termination of the agreement, the licensee shall be entitled to remove the service line and other equipment of the licensee for supply of power from the premises of the consumer. After permanent disconnection, if the consumer wishes to revive the connection, then it would be treated as an application f o r new connection and would be entertained only after all outstanding dues have been cleared. 7[Security Deposit: Security deposit in respect of consumers shall be governed in accordance with the MPERC (Security Deposit) Regulations, 2004.] 7[7.28 to 7.36 Omitted] 1. Substituted by M.P. Electricity Supply Code, 2004 (Fifth Amendment) [No. AG-1 (v) of 2006] (w.e.f. 10th February, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 10th February, 2006 at pages 158-159. 2. Substituted by M.P. Electricity Supply Code, 2004 (Fourth Amendment) [No. AG-1 (iv) of 2006] (w.e.f. 3rd February, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 3rd February, 2006 at pages 144-145. 3. Added by M.P. Electricity Supply Code, 2004 (Fourth Amendment) [No. AG-1 (iv) of 2006] (w.e.f. 3rd February, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 3rd February, 2006 at pages 144-145. 4. Subs. by M.P. Electricity Supply Code, 2004 (Eighth Amendment) [No. AG-1 (viii) of 2006]. 5. Ins. by M.P. Electricity Supply Code, 2004 (Tenth Amendment) [No. AG-1 (x) of 2006]. 6. Subs. by MP. Electricity Supply Code, 2004 (Thirteenth Amendment) [No. AG-1 (xiii) of 2007]. 7. Substituted/Omitted by MP. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). CHAPTER 8 METERS 8. Requirement of Meters :- 8.1 No new connection shall be given without a Meter and cut-out or a Miniature Circuit Breaker (MCB) or Circuit Breaker (CB) of appropriate specification from the date of issue of this Code. 8.2 All consumers shall have to accept the installation of an appropriate metering device, load-limiter, tamper proof boxes or other apparatus when the licensee approaches them to install one, and the consumer shall be required to provide appropriate and suitable site for placement of meter and related equipments to the satisfaction of the licensee. 8.3 In case of HT supply if HT metering can not be readily provided, LT metering may be provided on the LT side of the consumers transformer. In such cases, electrical quantities for billing purposes shall be computed by adding three percent to the quantities registered by the LT meter towards transformation loss. This arrangements shall not continue for more than three months and the licensee shall arrange to install a meter on the HT side of the transformer within the said period. 8.4 If supply to an HT or EHT consumer is given on an independent feeder for his exclusive use, the metering arragement may be installed either at the consumers premises or, if mutually agreed, at the Licensees Sub-station. 8.5 The licensee is authorised to review the status of the meters already installed in the context of upgraded technology becoming available and suitability of the site where meter is placed in the consumers premises. The licensee may install remote metering device in the consumer premises as per the technical requirements of the specific device and in such cases the consumers shall provide access to the meter through his telephone line. The licensee may also install maximum demand (MD) meter having MD recording feature or such additional features in the consumers premises. The licensee is also authorised to install check meter at one consumers location or for a group of consumers. In case the difference in consumption recorded by the check meter and the billing meter is found to be more than permissible limits, the licensee shall be free to install the billing meter on electricity pole or pillar boxes after giving due intimation in writing to the consumer. The licensee shall inform such cases to the Commission. Supply and Installation of Meters and Cut-outs/MCBs/CBs 8.6 The licensee shall supply the meter and metering equipments, cut- out/MCB/ CB/load limiter to consumers at the time of serving new service connection or at any other time as required. The licensee shall keep the meter in proper working condition and the consumer shall pay the monthly rent, if any, for the meter and metering equipments at the rate approved by the Commission, if the licensee fails to keep the meter or metering equipment in proper working condition, the consumer shall not be liable to pay the meter rent for the period the meter remains defective. 8.7 Meter should be ordinarily fixed outside 1[the building and inside the boundary wall of] the premises 1[if same exists] in such a manner that it is protected from the elements (weather etc.) and can be read from outside without the need of meter reader to get the premises unlocked or opened for this purpose. In special situation, the licensee may permit the meter to be fixed at a place different from the one indicted above and this permission shall be accorded by the officer not below the rank of Assistant Engineer and shall be in writing. The consumer shall run his wiring from such point of supply. The meter box shall normally be mounted at such a height that meter reading counter/display window is at eye level. In case of LT consumers meter and the cut-out/MCB or, in case of HT/ EHT consumers, meter, circuit breakers and its associated equipment including cables shall be installed by the Licensee at the point(s) of supply. 8.8 All new meters should be installed in a tamper-proof meter box. The licensee shall prepare and implement a phased plan to install tamper-proof metering boxes for all the meters, which are at present installed without meter boxes. 8.9 In case of semi- permanent (kuchha) houses the licensee shall ensure that the meter is properly fixed on a wall and is accessible to the meter reader. In case the consumer does not provide good quality wall for fixing the meter, the licensee shall be free to fix the meter on the electricity pole or in a pillar-box to be provided by the licensee. The licensee shall also ensure that the earthing of the installation is proper. 8.10 In case, meter is installed inside the premises the meter and other equipments of the licensee shall be placed very near to the point of entry of suppliers line, so that the metering unit is visible from outside the premises and independent/ unobstructed entry to the meter or metering cubical can be provided. Wherever required the consumer shall provide and maintain at his expense a locked and weather proof enclosure of a design to be approved by the Licensee for the purpose of housing the licensees terminal high tension switch gear and equipment. 8.11 Whenever new meter/metering equipment is installed (as a replacement or for a new connection) the meter shall be properly sealed on behalf of and in the presence of representatives of both the parties. Both the representatives, witness to the sealing shall affix their signatures on the specified documents mentioning their full name. The seal, name plates and distinguishing numbers or marks affixed on the meter and metering equipment shall not be broken, erased, altered or in any way interfered with by either party except in the presence of a duly authorised representative of the other party. 8.12 The consumer shall be responsible for safe custody of Meter(s), cut-outs/MCB/ CB etc. except in cases where such meter(s), cut-outs/MCB/CB etc. are installed in the premises of the licensee. 8.13 The licensee shall submit a list of all the types of Meters installed in its area of operation, to the Commission annually. The information shall include the specification of each type of meter and the total number of units of each type in use and in stock with the licensee. Testing of Meters 8.14 It shall be the responsibility of the licensee to satisfy himself regarding the accuracy of the meter before it is installed and may test them for this purpose. 8.15 The licensee shall also conduct periodical inspection/testing of the meters as per the following schedule:- (a) Single phase meters at least once every five years (b) LT 3 phase meters at least once every 3 years (c) HT meters including MDI at least once a year Wherever practicable, CT and PT shall also be tested along with meters. Records of these test results shall be maintained in accordance with Rule 57 of Indian Electricity Rules, 1956. If required, the licensee may remove the existing meter for the purpose of testing. The representatives of the licensee must, however, produce an authenticated notice to this effect and sign the document, mentioning his full name and designation, as a receipt before removing the meter. The consumer shall not object to such removal. Defective Meters 8.16 The Licensee shall have the right to test any meter and related apparatus if there is a reasonable doubt about the accuracy of the meter, and the consumer shall provide the licensee necessary assistance in conduct of the test. The consumer shall be allowed to be present during the testing. 8.17 A consumer may request the licensee to test the meter, if he doubts its accuracy, by applying to the licensee along with the requisite testing fee. The licensee shall test the meter within 30 days of the receipt of the application. Preliminary testing of electronic meters can be carried out in the premises of the consumers through electronic testing equipment. 8.18 In all cases of testing of a meter in the laboratory, the consumer shall be informed of the proposed date of testing at least 7 days in advance s o that he may be present at the time of testing, personally or through an authorized representative. The signature of the consumer or his authorized representative, if present, shall be obtained on the Test Result Sheet. 8.19 If a consumer disputes the results of testing and he may make a representation to the Electrical Inspector till such time the licensee sets up independent meter testing facilities at convenient location. The licensee shall endeavour to identify and develop these facilities in one year from the date of notification of this Code. Meter (Including Maximum Demand Indicator) Not Recording 8.20 The consumer is expected to intimate the licensee in writing, as soon as he notices that meter has stopped/is not recording if the situation comes to his notice. The licensee shall acknowledge the intimation given by the consumer. 8.21 If during periodic or other inspection by the licensee, any meter is found to be not recording, or a consumer makes a complaint in this regard, the licensee shall arrange to test the meter within 7 days. In case of LT consumers the meter should be repaired/replaced within 15 days in urban areas, and within 30 days in rural areas. In case of HT consumers, meter should be repaired/replaced within 7 days. 1. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). CHAPTER 8A PROCUREMENT OF METERS, CHOICE OF METERS TO THE CONSUMERS 8A. Introduction :- 1[8(A). 1 The procedure for providing meters at the consumers premises, certifying the accuracy of the meter at the time of installation is required to be laid down so as to ensure that the energy supplied by the Distribution licensee and consumed by the consumer is measured accurately. The consumer also needs to be given some choice in the process of providing meter for his connection in order to remove any doubt about the quality and accuracy of the meter. Procedure on these issues is laid down in following Regulations. Installation of Meters; Approved panel of meter manufacturers 8(A).2 The meter to be installed in the consumers premises shall be of appropriate capacity commensurate with the contract demand of the connection and shall conform to the relevant ISI specifications. The class of accuracy of the meters shall be as per the specifications laid down in the Regulations issued by the Central Electricity Authority on installation and operation of meters under section 177 and section 55 of the Electricity Act, 2003. 8(A).3 The Distribution licensee shall offer a choice of single phase/three phase meters for domestic connections to the consumers by preparing a panel of suitable makes of meters to enable the consumer to choose a meter of his preference. The Distribution licensee shall prepare a panel of suitable makes of meter manufacturers along with the details regarding the accuracy class and the capacity of meter vis-a-vis the load that can be served through these meters. The Distribution licensee shall submit list of meter manufacturers along with the price of various types (salient technical parameters) of meters to the Commission every year by end of February and the Commission may publish list of meter manufacturers along with salient technical parameters of meters for information of the consumers so that they can exercise their choice of meter. The Commission may also direct the Distribution licensee to publish the list in a manner specified by the Commission. If some amendments are required to the list of meter manufacturers during the course of the year on account of introducing a new manufacturer or deleting any existing manufacturer from the list due to poor/bad performance, the Distribution licensee may do so and inform the Commission. 8(A).4 The Distribution licensee shall install meters of the makes as per list of meter manufacturers submitted to the Commission at the consumers premises. Procurement And Testing Of Meters 8(A).5 The Distribution licensee shall procure the meters from the manufacturers from the list submitted by it to the Commission and duly inform the Commission if there is any deviation in this regard. T he Distribution licensee shall submit a copy of order issued for procurement of meters to the Commission along with despatch instructions to different stores of the Distribution licensee. 8(A).6 The Distribution licensee shall ensure due testing of meters as per relevant ISS before supply of meters to the licensees stores. 8(A).7 T h e Distribution licensee shall invariably ensure that sample random testing of meters is carried out as per the standard sampling procedure of ISS against each lot of supplies of meters received at different stores of the Distribution licensee. The supply of meters shall be accepted by the licensee only after satisfactory testing results of the sample meters. The Distribution licensee shall promptly inform the Commission about the testing results of the sample meters against each lot of supply. 8(A).8 Before installation of meters to the consumers premises, the Distribution licensee shall ensure due routine testing of all meters as per relevant ISS to ensure accuracy of measurement. 8(A).9 Whenever a new meter is installed, either for release of new connection or for replacement, the officer of the licensee, in charge of the area shall issue a certificate to the consumer certifying that the lot from which the particular meter has been drawn has been tested as per ISS procedure and the test results have been within specified limits and that the routine testing of meter has been done at the meter testing laboratory of the licensee and the results have been found to be within permissible limits. 8(A).10 The Commission may appoint an expert to advise the Commission on metering related aspects. 8(A).11 The Commission may authorize any officer on its behalf to visit the stores of the Distribution licensee any time during the working hours for reviewing the position of meters so as to assess the method of stacking of meters and the physical conditions of meters stored or for selection of samples for the purpose of testing. The officer may select random samples from the supplies of meters received at the stores of the Distribution licensee and may get these meters tested from independent laboratories like CPRI Bhopal. The Distribution licensee shall make arrangements to segregate the selected samples of meters and shall arrange to transport it to the independent laboratory and also to transport it back to the stores after testing. Distribution licensees concerned officer may witness the test at the independent laboratory, if they so desire. In case the sample meters tested do not meet the quality standards stipulated, the Distribution licensee shall not permit the meters of batch received at the area stores of the Distribution licensee for installation at the consumers premises. 8(A).12 Distribution licensee shall submit annual information about the quantity of meters procured during the year indicating the type of meter procured, names of manufacturers and the price of meter. The report shall be submitted every year before 30th April. Choice of Meters; New connection, Replacement 8(A).13 The Distribution licensee shall offer the choice of meter to the domestic consumers at the time of release of new connection. The domestic consumer may choose a meter of his choice from the approved panel of meter manufacturers. Details about the facility to choose the make of the meter and the list of approved meter manufacturers also indicating the price and capacity of the meter shall be furnished to the domestic consumers along with the application for new connection. If the domestic consumer does not indicate any choice then the Distribution licensee shall be free to install the meter of any meter manufacturer from the approved panel. 8(A).14 The Distribution licensee shall offer the choice of meter to the existing domestic consumers. For this purpose the Distribution licensee shall publish t h e details of the facility provided and the list of meter manufacturers in the newspaper and through media as well as display these details on the websites of the Companies. 8(A).15 In case if an existing domestic consumer requests for replacement of existing meter with a meter of his choice then the Distribution licensee may recover the cost involved in the effort for replacement of the meter as prescribed by the Commission for this purpose. In addition, the Distribution licensee may also recover security deposit against the meter equivalent to declared price of the meter from the domestic consumer and the licensee shall pay the interest on the security deposit to the domestic consumer as prescribed by the Commission. This facility shall also be made available to those existing domestic consumers whose meters have been detected as n o n functional burnt by the Distribution licensee and the Distribution licensee proposes to replace such meters. However if an existing domestic consumer, whose meter has become non- functional, does not prefer any choice then the licensee may replace such meter by any make from the approved list. The consumer, if he so desires, can get his meter tested by paying prescribed fee from the independent laboratories authorised by the Commission in this behalf.] 1. Chapter-8A added by M.P. Electricity Supply Code (Second Amendment) [No. AG-1 (ii) of 2005] (w.e.f. 28th October, 2005). Published in M.P. Rajpatra Part IV (Ga) dated 28th October, 2005 at pages 551-554. CHAPTER 9 BILLING 9. Meter Reading, Bill Generation and Bill Distribution :- 9.1 In respect of domestic consumers meter should be read only during daylight hours. The periodicity of the meter reading for various categories of consumers is given below. The licensee may, however, improve upon the schedule if it finds that necessary or useful. Consumer Category Meter Reading Domestic-Rural Once in three months Domestic - Urban (corporation towns, municipalities above one lakh population as per census 2001 and district head quarter towns) Monthly Other Domestic Urban Once in two months Non-Domestic 10kW - Rural Once in three months Non-Domestic - Others (Urban & Rural) Monthly LT Industrial Monthly Agriculture- Rural Once in three months Agriculture-Urban Once in two months Street light, Waterworks, X-Ray Plants, Electric Crematorium Monthly HT Monthly (as far as practicable on the same day of the month) 9.2 The meter reader shall carry the photo identity cards provided by the licensee 1[which shall be pinned up on dress so that it is visible] during the course of meter reading. 9.3 Arrangements shall be made by the licensee to display the meter reading and payments status of high value consumers on the Internet. 9.4 The consumers may retain the electricity bills in their record as the bills display the reading taken during preceding meter-reading cycles. Wherever the bills do not display these details, the consumer may bring it to the notice of the local office of the licensee. 9.5 The licensee may use hand held instruments, meter reading instrument (MRI) or wireless equipment for recording meter readings and for the generation of bills on the spot. If bills are prepared on the basis of MRI downloads or if meter reading is taken on the basis of remote meter-reading and the consumer wishes to have a record of the reading taken, he shall be allowed so by the officer/ personnel taking the meter reading. 9.6 In case, during spot billing procedure, the licensees representative could not take meter reading due to the absence of the consumer, the representative may leave a note and request the consumer to inform the meter reading over telephone. The consumer may thereafter take the delivery of the bill on any convenient date. However this procedure of receiving meter reading over telephone shall not extend beyond one meter reading cycle at a stretch. 9.7 It shall be the licensees obligation to assign a unique consumer number for each consumer and communicate the same to the concerned consumer The unique consumer number may include pole number, transformer number, 11 kV feeder number, distribution centre number and division number. 9.8 It shall be open to the licensee to adopt a scheme for prepayment of energy charges for such consumers who are getting unmetered supply and the details of such prepayment scheme shall be got approved by the licensee from the Commission and shall be implemented after ensuring adequate publicity. 9.9 Bills shall be prepared for each category on the basis of the information provided in the prevailing tariff order. 9.10 When supply to a new consumer is commenced in the middle of a month the Demand Charges, Minimum charges and/or any other similar fixed charges shall be levied on prorarta basis for the number of days for which supply is given. The units to be charged under various blocks or slabs shall also be accordingly prorated. For the purpose of this sub-clause, the month shall be computed as 30 days. 9.11 The Licensee shall intimate the consumer, in the beginning of the financial year, of the:- (a) date on which bill will be issued by the licensee every month to the consumer, (b) date by which bill will be delivered to the consumer, and (c) due date for payment of his bills, These will normally be the d u e dates for all billing cycles for that consumer during that financial year. The licensee shall arrange to get the name of the bill distributor rubber-stamped and the bill distributor shall write down the delivery date of the bill on the body of the bill before it is handed over to the consumer. 9.12 Separate bills shall be issued for Audit Recovery and other recoveries except demand for additional-security deposit. Such bills should be accompanied with the written details of basis of billing, period of billing etc. 9.13 The licensee shall endeavour to take monthly Meter Reading Instrument (MRI) download for all connections where meters with MRI download facility are installed. 9.14 If for any reason, meter is not accessible for reading, the licensee shall send a notice in writing to the consumer to keep the meter available for reading at the time and date given in the notice. If after the notice being given as described, the consumer still does not give access to the meter for reading, the licensee shall be free to send a provisional bill together with a surcharge. The rate of surcharge shall be as provided in the Schedule of Miscellaneous Charges. The provisional bill shall be prepared on the basis of average monthly consumption of the previous financial year. 9.15 The amount thus billed shall be adjusted against the bill raised on the basis of actual meter reading during subsequent billing cycle. Such provisional billing shall not continue for more than two meter reading cycles at a stretch. If the meter remains inaccessible even for the next cycle, the consumer will be served with a notice, to open his premises for reading of the meter at a fixed time and date. If the meter is not accessible at the time fixed in the notice, the supply will be liable to be disconnected after serving a 24 hour notice under section 163(3) of The Electricity Act, 2003 (36 of 2003). 9.16 It is the responsibility of the meter reader to note down the details of every stopped/defective meter and to file a report at the end of each working day in prescribed proforma to the officer in charge of the distribution centre in case of LT consumers and officer in charge of the circle office in case of HT consumers, who shall be responsible to take immediate steps to replace or repair the stopped/ defective meter. In addition to the entry made in the meter-reading book a separate report shall be required to be given by the officer in charge of the distribution centre to the officer in charge of the sub- division and division offices, in respect of all stopped meters and the action taken to replace them. 9.17 In order to recover the energy charges for the duration when the meter remains dysfunctional; average monthly consumption of previous three meter reading cycles shall be the basis of billing. In case a check- meter is available, the readings of the meter may also be used for assessment of consumption. In case of HT consumers if during the period when the main meter is defective, the check meter is not installed or is also found defective, the quantity of electricity supplied shall be determined as stated above provided that if in the opinion of the licensee, the conditions in the consumers installation during the month in question were such as to render billing on such average consumption not equitable either to the consumer or to the licensee, the electricity supplied during such period shall be determined by the in charge of the local area circle of the licensee. I n the event of the consumer not being satisfied with such determination he may appeal to the in charge of the local Region of the licensee whose decision shall normally be acceptable. 9.18 For Low Tension consumers the defective meter shall be replaced within a period of fifteen days for urban consumers and within thirty days for rural consumers, from the date of reporting of the fault. In case of HT consumer, meter should be replaced within seven days of detection of fault (please refer to Guidelines for Redressal of Consumer Grievance for further details). 9.19 The meter reader shall furnish a list of connections where the meter reading could not be recorded or the meter has not recorded any consumption of electricity, to the officer in charge (OIC) of the Distribution Centre. The OIC shall prepare a list of such consumers where meter reading could not be taken or the defective meter could not be replaced (refer clause 8.21) within thirty days and report the same to the Assistant Engineer and Executive Engineer. The licensee shall develop and have in place a detailed document describing systems, procedure and accountability regarding replacement of defective meters. 9.20 The senior officers shall carry out the sample checking of meter readings as per the schedule drawn out by the officer in charge of the distribution circle of the area. It should be the endeavour of the licensee that meter readings in case of at least 20% of LT meters are checked in a year by the team of officers, not below the rank of Junior Engineer. 9.21 The Licensee may send bills to consumers by hand or by post (also see clause 9.11 - specifically regarding the date of delivery of bill). In case of hand delivery of bills proof of service of bill shall be maintained at the concerned office of the licensee. On a written request from a consumer the licensee shall send it by registered post and the expenses of such delivery of bill shall be recoverable from the consumer. 9.22 The licensee shall ensure distribution of bills to the consumers not less than seven days before the due date for payment (cash payment). Special Reading of Meters in cases of Change of Occupancy/Vacation of Premises for Domestic Consumers 9.23 It shall be the responsibility of the owner of the connection to get a special reading done by the licensee at the time of change of occupancy or on the premises falling vacant. 9.24 The owner/user of the connection may request in writing to the licensee for special reading at least 15 days in advance of the said vacancy of the premises by the existing user or change of the occupancy, as the case may be. 9.25 The Licensee shall arrange a special reading to be done and deliver the final bill, including all arrears till the date of billing, at least 7 days before the vacancy of the premises. The final bill shall also include payment for the period between the date of special reading and date of vacancy of premises on pro rata basis. 9.26 Once the final bill is raised, the licensee shall not have any right to recover any charge(s), other than those in the final bill, for any period prior to the date of such bill. 9.27 The licensee may charge reasonable fee for the above service. Contents of the Energy Bill 9.28 The bill for metered connections shall have the following details:- (a) Service Connection Number; (b) Period of Bill; (c) Name and address of the consumer; (d) Bill number; (e) Pole Number from which connection is served; (f) Name, address and telephone number of the distribution centre; (g) Date of issue of bill; (h) Tariff category; (i) Tariff, rate of electricity duty and cess applicable; (j) Contracted/connected load/demand; (k) Single phase or three phase connection; (l) Identification details of the meter; (m) Reading date-past and present; (n) Meter reading - past and present; (o) Units assessed; (p) Credit; (q) Basis of bill; (r) Meter rental; (s) Current months charges -- Energy charges, fixed/demand charges, Minimum Charges, Variable Cost Adjustment (VCA) charges, Electricity Duty Cess, Meter rent, Welding/capacitor surcharge, security deposit instalment, Rebate allowed, others if any; (t) Arrear Electricity Charges, Delayed Payment Surcharge arrears; (u) Bill delivery charges if applicable; (v) Total charges; (w) Delayed Payment Surcharge; (x) Due date of payment - through cheque and cash payment; (y) Authority in whose favour cheque/Bank draft is to be issued (To be printed on reverse of the bill); (z) Security Deposit held and required; (aa) Details of last six readings. 9.29 The following information would also need to be provided to the consumer as an attachment to the bills or printed/stamped on the bills:- (a) The name(s)/address(es) of collection centres; (b) Working hours for collection of bills; (c) Designation and address of the authority with whom grievance pertaining to bills, meter, meter reading etc., can be lodged; (d) Any other message that the Licensee may like to give e.g. requesting the consumer to indicate their phone number, if available, on the portion of the bill retained by the licensee on receipt of payment. This information can be used for better communication with consumers. 9.30 The bill may contain additional information, if any, as desired by the licensee. 9.31 The licensee shall make arrangements to provide guidance and information to any consumer on telephone and for this purpose shall set-up call centre or centres according to the directives given by the Commission in this regard. All urban areas may be brought under this facility in the first phase and rural areas may be included thereafter. Details of payment status, arrear status, authorised load, contract demand etc. may be provided to the consumer if he discloses his connection number and address. The licensee shall also develop and implement, within a reasonable time as desired by the Commission, a bill details display system on internet for division headquarter towns to begin with and later to be extended to cover all district headquarter towns. Access to, this information display may be controlled through password system. 1. Inserted by M.P. Rajpatra Part 4 (Ga) dated 22.07.2005 page 303-307 (w.e.f. 22.07.2005). CHAPTER 10 PAYMENT AND DISCONNECTION Payment 10. . :- 10.1 Consumers are expected to make payment for the energy used by them every month. 10.2 The licensee shall ensure adequate publicity of the addresses/locations and working hours of the collection centres including those of banks where consumers can make payments. The licensee shall provide a choice of maximum alternative modes of payment to the consumers like payment through cash, local cheque, bank draft, bankers cheque, Electronic Clearing System (ECS), credit card etc. and a consumer shall be allowed to make payment through cheque for amounts above Rs. fifty. 10.3 During the days when there is rush on the collection window, separate queuing arrangement should be made for senior citizens, women and physically challenged persons and they should be attended on priority. 10.4 The collection centres should have the facility of receiving payment from consumers/representatives of consumers who wish to make payments on behalf of a number of consumers. Separate counters should be provided for this purpose so that the waiting time for other consumers is not increased. 10.5 In order to reduce the workload of the collection counter payment of bills above Rupees five-thousand should be made through cheque bankers cheque/ demand draft payable at local branch. 10.6 The licensee should make arrangements to receive payment through drop boxes where the consumer may drop his cheque (crossed account payee). Licensee should keep the drop boxes at the collection centres and at other locations as notified from time to time to facilitate the payment without the need for standing in the queue. The cheque should be drawn in favour of the MPSEB/licensee. The service connection number, bill month, consumer name and address including telephone number if any should be clearly written on the back of the cheque. In case the bank levies any clearance charge, the same amount shall be recoverable from the consumer in the subsequent bill. 10.7 The due date of payment for all consumers shall normally be fifteen days from the date of issue of bill. If due date of payment mentioned in the bill is a public holiday, the succeeding working day shall be treated as the due date. 1[10.8 In the event of non-realization of cheque, the licensee shall have the right to increase the security deposit from the consumer. The licensee shall also have the right to take steps for levying of extra charges including late payment charges as may be prescribed by the Commission from time to time in the Schedule of Miscellaneous and General Charges and tariff order or initiating other actions as per law but the consumer shall not be deprived of the facility for making future payments by cheque.] 10.9 In case of non-receipt of bill within the specified date of receipt of bill (as stated in clause 9.11 (b)), the consumer may contact the bill issuing office to collect the duplicate bill and arrange payment of the bill. In case the licensee is not in a position to provide duplicate bill, the consumer shall pay on the basis of past average bill amount. The licensee shall investigate the cause of non-receipt of bill and take suitable steps to ensure that the consumer receives his electricity bills promptly thereafter. 10.10 Every consumer shall be issued a receipt in token of having received the payment 10.11 The consumer may also be allowed to make advance payment of future bills, which shall be adjusted in the succeeding months. However, only the regular bill amount shall be adjusted from the advance payment. Before adjusting any other amount, the consent of the consumer shall be sought. Utility will also consider suitable rebate in case of advance payment. The licensee shall prepare and submit a scheme for approval of the Commission for consumers with high value bills, where such consumers shall be eligible to make payment of part of their average monthly bill in advance and shall be eligible for the additional rebate as decided by the Commission. 10.12 All categories of consumers committing default in the payment of the billed amount shall be liable to pay delayed payment surcharge, on the amount outstanding, at rates as approved by the Commission from time to time. While accepting payment after the due date, the surcharge payable, shall be calculated and the additional amount payable shall be collected along with the normal billed amount. 10.13 All payments made by the consumer will be adjusted in the following order of priority:- (a) Electricity Duty and Cess on the current consumption; (b) Arrears of Electricity Duty plus arrears of Cess; (c) Delayed payment surcharge; (d) Balance of arrears; (e) Balance of current bill amount; 10.14 Instalment facilities: Licensee will lay down a policy for grant of instalment facility for the purpose of recovery of dues subject to approval of the Commission. The said policy shall also designate the officer(s) authorized to grant instalment facility. 10.15 Disputed/Erroneous bills:- (a) In the event of any objection in respect of the billed amount, the consumer, may lodge a complaint before the designated officer as mentioned in the energy bill. The supply of electricity shall not be cut off if such person deposits, under protest:- (i) an amount equal to the sum claimed from him, or (if) the electricity charges due from him for each month calculated on the basis of average charge for electricity paid by him during the preceding six months whichever is less, pending disposal of any dispute between him and the licensee. (b) Complaint shall be lodged with the designated officer in the complaint receipt form available at the licensees complaint receiving office. In case such form is not available in the office, complaint may be lodged on plain paper along with the following details:- (i) Name and address of the consumer alongwith telephone number, if any; (ii) Service connection number; (iii) Category of connection; (iv) Complaint in brief. The designated officer shall resolve the dispute within a maximum period of seven days from the date of receipt of written complaint and shall send a report to the officer in charge of the division giving reasons for the discrepancy if any. (c) If on investigation, the Licensee finds the bill to be erroneous, a revised corrected bill shall be furnished to the consumer indicting the revised due date not less than seven days of the date of delivery of revised bill. Excess amount paid by the consumer, if any, shall be adjusted in the subsequent bill(s). (d) In case it is established that the meter reading recorded was incorrect, responsibility may be fixed and the licensee may take suitable action. (e) In the event that investigations establish that the original bill was correct, the consumer shall be intimated accordingly and notified to pay the balance, if any, with surcharge as applicable within 7 days. (f) The licensee shall provide quarterly feedback to the Commission on the analysis of disputed/erroneous bills. (g) In case the consumer is not satisfied with the decision on the dispute, he may take further action as provided in the Guidelines for Redressal of Consumer Grievance. 10.16 In case of death of a consumer the legal heir shall be liable to pay the dues of such consumer. The legal heir should also take steps to get the connection changed in his name within a period of three months. Disconnection 10.17 It shall be the responsibility of the licensee to ensure that no default in payment is continued beyond a reasonable period subject to a maximum of three months without action for temporary disconnection. The authorised official of the licensee will ensure that all the cases pertaining to default in payment are monitored regularly and timely action is initiated as per prescribed procedure for temporary or permanent disconnection. A report of cases of permanent disconnection will be submitted to the Commission on a quarterly basis. 10.18 If a consumer fails in payment of any bill in full, without the approval of the authorised officer, by the due date, the service connection of the consumer will be liable to be disconnected on temporary basis. Before disconnection of a consumers installation, the Licensee would serve a written notice of fifteen clear days. Effort should be made that before disconnecting a domestic connection, an adult member of the family should be informed. If the proof of removal of the cause for disconnection is produced to the satisfaction of the licensees employee deputed for the purpose, the supply shall not be disconnected. In this regard the licensee shall strictly follow provisions of section 56 of the Electricity Act, 2003 (36 of 2003). 10.19 No sum due from any consumer shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. 10.20 The licensee would publish the details of such consumers, who are liable to be disconnected but have not been disconnected, in such a manner as may be directed by the Commission. 10.21 After temporary disconnection, the supply shall be restored only after the consumer pays the outstanding charges/dues/amount of instalment fixed alongwith disconnection-reconnection charges. 10.22 A consumer shall be required to make a written request to the office of the licensee if the consumer wishes to get his connection temporarily disconnected for a period upto six months. For duration of temporary disconnection the consumer shall be liable to pay in advance all the monthly charges that are fixed in nature like demand charge, minimum charge, meter rent etc. The consumer shall also be liable to pay disconnection/reconnection charges to avail the facility of temporary disconnection. The period of disconnection on request can be extended on receipt of a request in writing and on necessary charges being deposited in advance. 1. Substituted by M.P. Electricity Supply Code, 2004 (Fourth Amendment) [No. AG-1 (iv) of 2006] (w.e.f. 3rd February, 2006). Published in M.P. Rajpatra Part IV (Ga) dated 3rd February, 2006 at pages 144-145. CHAPTER 10A THEFT OF ELECTRICITY 10A. . :- 1[10 (A) 1 Introduction 10(A) 1.1 Section 135 of the Act deals with the theft of Electricity. The Electricity (Amendment) Act, 2007 has made some changes to the Section 135 of the Act. 10 (A) 1.2 The Ministry of Power, Govt. of India vide order no. S.O. 790 (E) dated 8th June, 2005 with title "The Electricity (Removal of Difficulties) Order 2005" has directed State Commission for inclusion of measures to control theft in Electricity Supply Code as per details given below:- (1) The Electricity Supply Code as specified by the State Commission under Section 50 of the Act shall also include following, namely:- (i) method of assessment of the electricity charges payable in case of theft of electricity pending adjudication by the appropriate court; (ii) disconnection of supply of electricity and removing the meter, electric line, electric plant and other apparatus in case of theft or unauthorized use of electricity; and (iii) measures to prevent diversion of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter. (2) The above provisions in Electricity Supply Code shall be without prejudice to other rights of the Licensee under the Act or any other applicable law to recover sum due and to protect the assets and interests of the Licensee. 10(A) 1.3 In order that uniformity is maintained in implementation of procedure in accordance with the provisions of the Act for prevention and detection of theft, and assessment of electricity charges payable in case of theft of electricity, detailed guidelines to be followed in such cases are required to be prescribed in accordance with Notification dated 8th June 2005 issued by the Ministry of Power, Government of India vide number S.O. 790 (E) by issuing an order "The Electricity (Removal of Difficulties) Order, 2005" for "Inclusion of measures to control theft in Electricity Supply Code" and further through the Electricity (Amendment) Act, 2007. These Regulations provide for the guidelines to be followed in such cases. 10 (A) 2 Method of assessment of charges in case of theft of electricity by EHT/ HT and LT consumers. 10 (A) 2.1 Issue of assessment order for theft of electricity. 10 (A) 2.2 When a case of theft of energy is detected, the Authorized Officer shall assess, in accordance with the formula/procedure laid down in this chapter hereafter, the energy consumption for the entire period during which such theft of electricity has taken place and if, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 (twelve) months immediately preceding the date of inspection and prepare assessment order on 2 times the rates as per applicable tariff and serve on the person under proper receipt. In case of a regular metered connection, where a case of theft of electricity is detected, units allowed to be recorded in the meter for which bills have been raised by the licensee to the person during the period, for which the assessment is made, shall be duly credited. 10 (A) 2.3 The assessment formula for working out the consumption due to theft of electricity in cases of by-passing the meter or tempering the meter such that it is not possible to exactly establish the percentage of consumption which is not allowed to be recorded or taking supply directly from the service line or supply line (s) of the distribution network, shall be as follows: 10 (A) 2.3.1 Units assessed = Lx D x H x F, where L is load (Connected load found in the consumers premises during the course of inspection) in kW, D is number of working days per month and shall be taken for different categories of use as below: (a) Continuous Process Industry 30 days (b) Non-continuous Process Industry 25 days (c) Domestic use 30 days (d) Agriculture 30 days (e) Non-Domestic (continuous) Viz. Hospitals, Hotels and Restaurants, Guest houses, Petrol pumps. 30 days (f) Non-Domestic (general) i.e. other than (e) 25 days (g) Water Works and Street Lights 30 days H is use of supply hours per day, which shall be taken for different categories of use as below: (a) Single shift working industry 8 hrs. (b) Two shift working industry 16 hrs. (c) Continuous process industry 24 hrs. (d) (i) Non-domestic including restaurants 12 hrs. (ii) Hotels, hospitals, guest-houses, Petrol pumps 20 hrs. (e) Domestic 8 hrs. (f) Agriculture 6 hrs. (g) Water works 8 hrs. (h) Street light 12 hrs. F is load factor, which shall be taken for different categories of use as below: (a) Industrial 60% (b) Non-domestic 60% (c) Domestic 40% (d) Agriculture 100% (e) Waterworks 100% (f) Street light (i) Domestic category 50% (ii) Other than domestic 100% 10 (A) 2.3.2 In cases where the meter is found tampered and the meter working is found slow after its due testing at the laboratory, the assessment of consumption of units in such cases shall be carried out based on either the extent to which the meter has been found recording slow as per testing results or in accordance with the formula prescribed at clause 2.3.1, whichever is more. In cases, where the meter is found tampered but it is not possible to establish that the meter is slow or the exact percentage by which it is recording less consumption but external device(s) found inserted or tampering with the meter parts/writing is found, the assessment o f consumption shall be done in accordance with the formula prescribed at clause 10(A) 2.3.1. 10 (A) 2.3.3 The working hours for the purpose of assessment of units consumed in the cases of theft of electricity for bona fide domestic use for operating domestic water pump, microwave ovens, washing machine, mixer, electric press, small domestic flour mill, vacuum cleaner, toaster, water purifier and petty domestic appliances excluding lights, fans, TV and refrigerator etc. shall not be considered for more than one hour working per day on 100% load factor. The duration of use in case of Air Conditioner, coolers and the Geysers shall be taken as six months during the year for all categories of users with the working hours per day and the load factor prescribed for that category at clause 10 (A) 2.3.1. 10 (A) 2.3.4 Assessment of energy in case of theft of electricity for temporary connections. In the case of temporary connection, the assessment of units consumed for theft o f electricity shall be done as per the following formula: Unit assessed = L x D x H, where L = Load (load found connected at the time of inspection) in kW, D = No. of days for which supply is used, and H = 6 hours for agriculture connections and 12 hours for others. 10 (A) 2.4 Upon detection of theft of electricity, the Authorized Officer of the licensee or supplier, as the case may be may immediately disconnect the supply of electricity to such premises. 10 (A) 2.5 The Licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provision of regulations stipulated in this Code, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to the clause 13(A) (1A) of the Electricity (Amendment) Act, 2007, restore the supply line of electricity within forty eight hours of such deposit or payment. 10 (A)2.6 If the person does not make payment within the stipulated time, the Licensee or Supplier may proceed to recover its dues against assessment order and take such further action as is permitted under the relevant Acts. 10 (A) 2.7 The assessment order of charges for theft of electricity issued by the authorised officer shall be pending adjudication by Appropriate Court. In all cases where theft of electricity has been detected, the Licensee or Supplier shall file the case with Appropriate Court for decision in the matter unless the offence is compounded under Section 152 of the Act. 10 (A) 2.8 Levy of interest for delayed payment -- In case of default by the person in payment of assessed amount, the person, in addition to the assessed amount, shall be liable to pay, on expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent per annum compounded every six months pending adjudication by Appropriate Court. 10 (A) 2.9 In case the premises where the theft o f electricity has been detected, the Licensee or Supplier shall remove the cause of theft immediately by making seizure by removing line/cable/plant or any other item/equipment or meter up to the distribution mains, which are found being used or likely to have been used for the purposes of theft of electricity. The Licensee or Supplier may subsequently further remove or divert or convert his line, cable or electrical plant or devices to prevent further theft of electricity provided that such action shall not result into any inconvenience in affording quality supply or disruption of supply, to other consumers. 10 (A) 3 Measures to prevent diversion of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter. 10 (A) 3.1 In order to reduce and prevent the menace of theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter, it is necessary to initiate preventive measures. 10 (A) 3.2 The Licensee or Supplier shall arrange periodic inspection/testing of meters as per the schedule prescribed at clause 8.15 of this Code. 10 (A) 3.3 The Licensee or Supplier shall arrange to provide tamper proof meter boxes on meters so as to ensure that within next 5 years meters installed at all the persons premises have tamper proof meter boxes. The Licensee or Supplier shall simultaneously also review the status of service lines to ensure that it is in good working condition and well insulated. Wherever required, service lines should be replaced to prevent theft. 10 (A) 3.4 The Licensee or Supplier should intensify the efforts for regular inspection of premises of consumers and other persons to ensure prevention of theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter. The provisions of the Sections 126 and 135 to 141 of Act including the amendments to these sections made under the Electricity (Amendment) Act, 2007 be effectively implemented. Priority should be given for detection of direct theft cases by the vigilance teams of the Licensee or Supplier, particularly in theft prone areas. 10 (A) 3.5 The Licensee or Supplier shall evolve a system for carrying out regular monthly monitoring of consumption of high value consumers, which shall include all the HT connections and LT connections having contract demand of 25 HP and above. Variations in the consumption should be carefully analyzed. The Licensee or Supplier should arrange prompt inspection in doubtful cases. 10 (A) 3.6 The Licensee or Supplier shall arrange to ensure that 33 KV and 11 KV feeder wise and 33/11 KV sub-station wise losses are worked out for big cities of the State viz. Bhopal, Gwalior, Indore, Ujjain, Jabalpur, Rewa and Sagar in first phase. Losses for all 33KV and 11 KV feeders and 33/11 KV sub-stations of District Head quarter towns be worked out during second phase and thereafter for other areas. The Licensee or Supplier shall take suitable steps for reduction of losses in the pockets identified by working out losses in the above manner. 10(A) 3.7 The Licensee or Supplier shall install meters on all Distribution Transformers and carry out energy audit so as to identify localized high loss pockets and take further suitable action for reduction of losses in such pockets. 10 (A) 3.8 The Licensee or Supplier shall endeavour to install remote metering devices on all HT connections on priority for the purpose of monitoring of consumption and prevention of theft of electricity. The Licensee or Supplier shall further endeavour to install remote metering devices on high value LT connections. 10 (A) 3.9 The Licensee or Supplier shall arrange to give due publicity through the media, TV and newspaper to bring the awareness about the level of commercial losses, its implication on the honest consumers and seek the co- operation for prevention of theft or unauthorized use of electricity or tampering, distress or damage to electrical plant; electric lines or meter. The Licensee or Supplier shall also display boards containing the information about the above at its consumer service related Offices. 10 (A) 3.10 The Licensee or Supplier shall arrange to display company-wise, region-wise, circle-wise, division-wise, District HQ-wise, efforts made for prevention of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter and results obtained during the year, on its website on a regular basis. 10 (A) 3.11 The Licensee or Supplier shall arrange to provide requisite security force to the Authorised Officers for their safety and expenses on such account shall be passed through in ARR (Aggregate Revenue Requirement). Such security squads shall have to invariably accompany the Authorized officers in order to ensure their safety. 10 (A) 3.12 The Licensee or Supplier may replace overhead bare conductors with cables in theft prone areas, wherever necessary, to prevent theft by direct hooking with the Licensees lines and expenditure on this account shall be a pass through in the ARP. 10 (A) 3.13 The Licensee or Supplier may provide HV distribution system (LT less system) in theft-prone areas using small capacity distribution transformers, wherever necessary, to prevent theft by direct hooking and expenditure on this account shall be a pass through in the ARR. 10 (A) 3.14 The Licensee or Supplier is authorized to relocate the meters of existing consumers to an appropriate location but within the boundary wall so that it is clearly visible and reading can be taken from outside the premises and the meters are easily accessible for reading, inspection/testing and other related works. In case of doubtful cases where continuous vigil is not possible, the Licensee or Supplier may install check meters on its poles/feeder pillars. Where theft of electricity is detected, for the period subsequent to detection of theft, the Licensee or Supplier may install billing meters for such connections on its poles/feeder pillars. 10 (A) 3.15 All such cases where theft has been detected shall he separately monitored by the Licensee or Supplier and an abstract report be submitted to the Commission in respect of recovery of assessment amount and bills on account of future consumption. 10 (A) 3.16 A list of cases where theft of electricity has been detected shall be maintained by the Licensee or Supplier. The Licensee or Supplier shall also maintain list of cases to clearly identify where second offence and subsequent offence(s) of theft have been detected and take action as per the provisions of the Act. 10 (A) 3.17 The Licensee or the Supplier shall take all precautions to prevent damage or distress to their lines/plants, meters or other such equipments by providing adequate protection and security. The Licensee or the Supplier shall take prompt appropriate action as per the provisions under Sections 136 to 141 of the Electricity Act, 2003 if any damage or distress is caused to their lines/plants, meters or other such equipments so as to deter/curb such practices.] 1. Substituted by M.P. Electricity Supply Code, 2004 (Fifteenth Amendment) [No. AG-1 (xv) of 2008] (w.e.f. 29th February, 2008). Published in M.P. Rajpatra Part IV (Ga) dated 20th February, 2008 at pages 56-60. Said Chapter was inserted by M.P. Electricity Supply Code, 2004 (Seventh Amendment) [No. AG-1 (vii) of 2006]. CHAPTER 11 MISCELLANEOUS 11. Force Majeure :- 1[11.1 The licensee shall not be liable for any claim by the consumer for loss, damage or compensation whatsoever arising out of failure of supply when such failure of supply is due, either directly or indirectly, to war, mutiny, civil commotion, riot, terrorist attack, flood, fire, strike, lockout, cyclone, tempest, lightning, earthquake or act of God. 11.2 If at any time during the continuance of the agreement between the licensee and the consumer, if the use of electricity is not possible fully or partially by the consumer due to Force Majeure conditions such as war, mutiny, civil commotion, riot, terrorist attack, flood, fire, strike (subject to certification by Labour Commissioner), lockout (subject to certification by Labour Commissioner), cyclone, tempest, lightning, earthquake or act of God, the consumer may, on giving 7 days notice in writing to the licensee, about such a situation, take a reduced supply of power as may be necessary and feasible within permissible limits of contract demand at relevant voltage levels. In all cases, where the consumer claims Force Majeure conditions, the licensees authorised representative shall verify the same. Such a facility shall be available to the consumer only if the period of reduced supply is for a minimum period of 30 days and upto a maximum of six months. The aforesaid period of reduced supply shall not be counted towards the initial period specified in the agreement and the period of agreement shall be extended for a further period equal to the period of reduced supply.] 11.3 In case the licensee is unable to supply power to a consumer who is not otherwise a defaulter disconnected or unconnected for a period of 10 days (each day shall consist of power cut from 00 hours to 24 hours) or more in a calendar month, the licensee shall charge the consumer in the following manner:- (a) Energy charges shall be on the basis of actual meter reading recorded in the energy meter. (b) Other charges (Excluding electricity duty and cess) shall be prorated on the basis of the number of days, power was provided to the consumer. This facility will be provided to consumers with metered connections only. Tampering, distress or damage to electrical plant, lines, or meter 11.4 If the electrical plant, lines or meter or any other equipment of the licensee placed in the consumer premises is found tampered, distressed/damaged, the licensee shall be entitled to recover the expenses incurred for restoration of such plant, line, meter or equipment, without prejudice to his right to take action under appropriate provisions of the Act, including disconnection of supply for non-payment of the cost for replacement/rectification, action for theft or assessment for unauthorized use as the case may be. The use of energy by artificial means (like use of phase splitters) to convert a supply to three-phase supply will be treated as unauthorised use of energy. Authorisation of Franchisees 11.5 A licensee may authorise a franchisee to distribute electricity on its behalf in a particular area within the formers area of supply as per the provisions of the Act. Other Codes and Regulations 11.6 Consumers shall ensure that new buildings, structures, additions, modifications and any other construction projects keep the minimum clearances required from existing supply lines of the licensee. These minimum clearances are specified in the Indian Electricity Rules, 1956 and MPERC Distribution Code and Safety Code as may be notified by the Commission. Service of Notice 11.7 Any letter, order or document addressed by the licensee to the consumer shall be deemed to be duly given, if served in writing addressed to the consumer and delivered by hand at, or sent by post/courier, to the address specified in the consumers requisition or in the agreement with the consumer if entered into or as subsequently notified to the licensee. In case there is no person on the premises to whom the notice can with reasonable diligence be delivered, the notice may be served by affixing it on some conspicuous part of the premises. 11.8 The licensee may serve any general notice like message regarding load regulatory measures, applicability of new tariff or change in due date of payment etc. in a widely circulated local news paper. 11.9 All communications to the licensee shall be address to:- (a) The Secretary of the licensees Company at the Corporate Office of the licensee or to any other officer authorised or designated in this behalf in case of HT consumers. (b) The licensees Executive Engineer or person holding an equivalent post of the area or his authorised representative in the case of L.T. Consumers. Unforeseen Circumstances 11.10 If any circumstances not envisaged by the provisions of the Electricity Supply Code should arise, the licensee shall, to the extent reasonably practicable in the circumstances, consult promptly and in good faith with all affected parties in an effort to reach an agreement as to what should be done. If agreement between the licensee and those parties can not be reached in the time available, the licensee shall determine it in the manner best to its ability. 11.11 Wherever the licensee makes such a determination, it shall do so having regard, wherever possible, to the views expressed by the affected parties and in any event, to what is reasonable in the circumstances. Each party shall comply with all instructions given to it by the licensee following such a determination, provided that the instructions are consistent with the prevailing Codes and Regulations. The licenses shall promptly refer all such unforeseen circumstances, and any such determination to the MPERC and the Review Panel for consideration. Interpretation 11.12 These conditions shall be read and construed as being subject in all respects to the provisions of the Electricity Act, 2003 (No. 36 of 2003), the Indian Electricity Rules, 1956 and the M.P. Vidyut Sudhar Adhiniyam, 2000 (No. 4 of 2001) in force and as amended from time to time and the Rules made therein and to the provisions of any other law relating to the supply of electricity for the time being in force and nothing contained in this Code shall abridge or prejudice the rights of the licensee and the consumer under any Central Act or State Act or Rules made thereunder. 11.13 In case of any dispute in meaning or scope or interpretation of this Code, the interpretation of the Commission shall be final and binding on all concerned. 11.14 The General Conditions for Supply of Electrical Energy and Scale of Miscellaneous and General Charges with all its amendments made from time to time by the M.P. State Electricity Board and erstwhile M.P. Electricity Board, shall apply in respect of the period prior to coming into force of this Code. Power to remove difficulties 11.15 If any difficulty arises in giving effect to any of the provisions of this Code, 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 or any other enactment relating to supply of electricity for the time being in force, which appears necessary or expedient, for the purpose of removing the difficulty. Jurisdiction of Court 11.16 All proceedings arising out of this Code and the agreement made thereunder shall be filed only in the Court under whose jurisdiction the agreement was executed, subject to the overall jurisdiction of the High Court of Madhya Pradesh. Savings 11.17 Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Commission to make such orders as may be necessary for ends of justice to meet or to prevent abuses of the process of the Commission. 11.18 Nothing in this Code shall bar the Commission from adopting in conformity with the provisions of the Act a procedure, which is at variance with any of the provisions of this Code, if the Commission, in view of the special circumstances of a matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient for dealing with such a matter or class of matters 11.19 Nothing in this Code shall, expressly or impliedly, bar the Commission dealing with any matter or exercising any power under the Act for which no Codes have been framed, and the Commission may deal with such matters, powers and functions in a manner it thinks fit. 1. Subs. by M.P. Electricity Supply Code, 2004 (Eleventh Amendment) [No. AG-1 (xi) of 2007]. SCHEDULE 1 Annexure The licensee is authorised to modify the structure of the formats provided in this annexure in order to meet any requirement that may arise as a consequence of the provisions of this code so that the formats are consistent with prevailing Rules, Regulations and the provisions of this Code.