SALES MANUAL INSTRUCTIONS - hpseb.comhpseb.com/whatsnew/Sales Manual Part-1 upto17.10.2017.pdf · SALES MANUAL INSTRUCTIONS PART-1 ... 15 Supply of electricity to residential colonies

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED (A STATE GOVERNMENT UNDERTAKING)

SALES MANUAL INSTRUCTIONS PART-1

Revised up to 17.10.2017

Registered Office: VIDYUT BHAWAN, HPSEB Ltd., SHIMLA-171004 (HP)

Sales Manual Instructions-HPSEBL Page ii

INDEX

Instruction No 1

Subject

2

Page No. 3

SECTION I-GRANT OF ELECTRIC CONNECTION

(Instructions No. 1 to 21) 1 Receipt of application and acknowledgement. 6 2 Posting of application in service register and

Maintaining separate Seniority Lists. 8

3 Procedure for fixing Seniority for electric connection/change process

10

4 Verification of connected load 12 5 Issuance of Power Availability Certificate (PAC) 13 6 Sanction of Load 22 7 Intimation of Acceptance of Application, issuing of

demand Notice & Execution of Agreement 29

8 Disposal of Pending/unfeasible Applications. 31 9 Receipt of duly complied demand notice, Agreement

form, test report & other relevant documents 31

10 Release of connection vis-à-vis shortage of material 34 11 Supply of power to Local Bodies for Public Lighting 35 12 Allotting Account Number 38 13 Recording of Consumer Cases. 38 14 Custody of Consumer Cases. 39 15 Supply of electricity to residential colonies either

developed by HIMUDA or Pvt. Developers/Builders with registration and licence from Competent Authority under TCP Act.

40

16 Measurement of service lines. 40 17 Peak Load Hours Supply 41 18 Reduction/Enhancement of connected load or

Contract Demand on permanent basis 42

19 Temporary revision in Contract Demand 45 20 Change of Name/Title. 46 21 Connected load register (From CS-24) - Directions

for use

51

SECTION II-METERING AND METER RENTALS (Instruction No. 22-29)

22 Providing Energy Meter, Meter Security & Rentals. 52 23 Meter Sealing. 55 24 Recording of meter reading of different categories

of consumers

57

Sales Manual Instructions-HPSEBL Page iii

Instruction No 1

Subject

2

Page No. 3

25 Procedure to be followed when a meter is reported to be damaged or burnt.

58

26 Difference or dispute over the accuracy of energy meter and overhauling of consumer accounts

61

27 Testing charges if the meter is got tested from HPSEBL Laboratories.

62

28 Compliance of meter change orders. 63 29 Replacement of defective and dead stop meters at

consumers premises – utilization procedure for new meters, old T&P static meters and repaired T&P static meters

63

SECTON –III –PREPARATION & DELIVERY OF BILLS ( Instruction No. 30 – 35)

30 Electricity Bills 64 31 Issue, presentation and due date of the bill 66 32 Procedure to be followed when issue of bill is

delayed. 67

33 Delivery of bills to the consumers. 68 34 Bills of consumers whose premises are found locked

at the time of meter reading. 68

35 Payment of Bills and Disputed Electricity Bills

69

SECTION IV-RECOVERY OF UNPAID DUES FROM THE CONSUMERS ( Instruction No. 36- 40)

36 Disconnection and reconnection/restoration of

Supply 72

37 Disconnection when consumer(s) premises are found locked, order of statutory authority & on account of damage to equipments

76

38 Recovery of Arrears from Defaulting Consumers - Procedure for monitoring & recovery of the defaulting amount.

77

39 Payment of arrears not originally billed 82 40 Dispute Settlement Committees of HPSEBL

84

SECTION – V – UNAUTHORIZED USE/THEFTOF ELECTRICITY (Instruction No. 41-49 )

41 Unauthorized use of Electricity -section 126 of the

Electricity Act 2003

85

Sales Manual Instructions-HPSEBL Page iv

Instruction No 1

Subject

2

Page No. 3

42 Theft of Electricity - Section 135 of the Electricity Act 2003

89

43 Guidelines for prevention of theft of electricity and unauthorized use of electricity

94

44 Maintenance of register for checking & detecting theft of energy cases.

97

45 Operation of Enforcement wing 97 46 Grant of incentives to the persons for giving

information regarding theft of energy 99

47 Issue of Identity Cards to Flying Squad Units/Meter Inspectors and Officers/Field technical Staff under operation wing

100

48 Duties and functions of Enforcement wing 101 49 Responsibility of Field Staff to check “Theft of

Energy”

102

SECTION VI-MISCELLANEOUS INSTRUCTIONS [Instruction No. 50- 58]

50 Procedure to be followed in the submission of a

copy of the Judgment of a Court to Head Office. 103

51 Intimation of Shut down of supply. 103 52 Improvement of Power Factor. 104 53 Authorization of Legal Documents. 110 54 To Sanction Dismantlement of Service Connection. 111 55 Distribution Performance Standards 111 56 Applicability of HPERC(Recovery of Expenditure for

supply of Electricity) Regualtions,2005 or 2012. 112

57

58

CEA(Measures related to Safety and Electricity Supply) Regulations,2010 as amended from time to time

Overriding effect

112

112

CONDITIONS OF SUPPLY 113 SOME IMPORTANT STATUTORY PROVISIONS 153 SOME ESSENTIAL TERMS IN COMMON USAGE 170

SOME OF THE REGULATIONS/CODE NOTIFIED BY HPERC HPERC (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004 HPERC (Security Deposit) Regulations, 2005 Himachal Pradesh Electricity Supply Code HPERC (Recovery of Expenditure for supply of

175

175

179 186 229

Sales Manual Instructions-HPSEBL Page v

Instruction No 1

Subject

2

Page No. 3

electricity) Regulations, 2012 HPERC (Distribution Performance Standards) Regulations, 2010 HPERC (Consumer Grievances Redressal Forum and Ombudsman) Regulation, 2013 ABBREVIATIONS

246

271

287

Sales Manual Instructions-HPSEBL Page 6

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED “SALES MANUAL & OTHER CONDITIONS OF SUPPLY”

SECTION-I Grant of Electric connection

INSTRUCTION No.1

Receipt of Application and Acknowledgement:

1 .1 All the prospective consumers have to enter into an agreement with the HPSEB Ltd., on the standard Application and Agreement Form C.S-1(a) obtainable free of cost from the local/ designated office of the HPSEBL. The Application & Agreement form can also be downloaded from HPSEBL website i.e. www.hpseb.com/. The Application duly completed by the prospective consumer accompanying requisite documents should be presented in the local office of HPSEB Ltd. provided that in case where the contract demand for new or additional load exceeds 100 kVA the consumer shall apply for PAC (Power Availability Certificate) before applying for electricity connection. The Consumer shall submit the PAC along with A&A form for sanction of load. For details regarding PAC, please refer to Instruction No. 5 of this sales manual. The consumer may also apply online through HPSEBL website www.hpseb.com or portal.hpseb.in and deliver the hard copy of original application and agreement form, alongwith the other requisite documents in the local office of HPSEB Ltd. 1.2 As soon as an application on the standard form from a prospective consumer is received, it will be scrutinized by the authorized HPSEBL official and any shortcoming noticed therein, should be immediately got rectified from the applicant. The receiving clerk should see that all the columns mentioned in the application are properly filled in and the items which are not applicable are scored out to avoid confusion. Following precautions shall be taken while signing/scrutiny of the Application and agreement Form:-

1) A&A form should be filled in and signed by the authorized signatory of both the parties.

2) There shall be no-overwriting or cutting in the A&A form. Corrections, if any, should be signed/ authenticated by the executants.

3) Each page of the A&A form shall be signed /stamped by the executants. 4) Authorized Signatory signing agreement shall arrange his/her identity proof as

mentioned in the A&A form/Checklist. 5) A&A form must be signed by the prospective consumer in the presence of

AE/AEE/SDC in the sub-division and AAE Incharge in the Sub-Office. The aforesaid official shall ensure that A&A form has been filled in correctly and no ambiguity exists

6) The minor applicant is not eligible to sign the agreement. However, he/she can avail the connection through his/her lawful/natural guardian.

7) The A&A form is also required to be signed by the witness as an essential formality before it is accepted. The witness shall always be one of the HPSEBL’s consumer by filling the requisite details as provided in the A&A form.

1.3 The updated list of documents which shall be obtained along with the A&A form is available on HPSEBL website i.e. www.hpseb.com.

http://www.hpseb.com/



1.4 Additional Conditions for providing Connection to Industries. 1.4.1 The proposals for setting up an industrial undertaking are undertaken by Industrial Departments at Head Office and GM (Industries), Local SWCA/DICs etc. The State Level Single Window Clearance & Monitoring Authority (SLSWC&MA) approves the following project proposals:-

Proposal received for setting up of Large Scale Sector or their expansion [ i.e. projects exceeding investment of Rs. 10 Cr or above in Plant & Machinery or as may be notified by the State Govt. from time to time.]

Proposals received which are listed Negative Industries by the State Government under its applicable Industrial Policy as notified from time to time.

Forest produce based Industry. 1.4.2 The power availability certificate shall be issued to the industrial units only after the proposal for setting up of the industrial undertaking has been approved by Industry Department. Similarly the sanction of load in respect of the industrial units which do not require PAC (Contract demand <=100 kVA) shall also be done after approval from Industry Department. 1.4.3 For the industrial undertaking which requires approval of State Level Single Window Clearance & Monitoring Authority (SLSWC&MA) as listed above, no action for either for issuance of PAC or for sanction of load shall be taken by the filed officers of HPSEBL unless it has been approved by SLSWC&MA.

For ready reference of the HPSEBL field offices, following is the list of negative listed industry issued by the State Govt.:-

1. Tobacco and tobacco products including cigarettes and pan masala 2. Thermal Power Plant (coal/oil based) 3. Coal washeries/dry coal processing 4. Inorganic Chemicals excluding medicinal grade oxygen (2804.11), medicinal

grade hydrogen peroxide (2847.11), compressed air (2851.30) 5. Organic Chemicals excluding Provitamins/vitamins, Hormones (29.36),

Glycosides (29.39), Sugars (29.40)(reproduction by synthesis not allowed as also downstream industries)

6. Tanning and dyeing extracts, tannins and their derivatives, dyes, colours, paints and varnishes, putty, fillers and other mastics, inks

7. Marble and mineral substances not classified elsewhere. 8. Flour Mill/Rice Mill (including Roller flour mills) 9. Foundries using coal. 10. Minerals fuels, mineral oils and products of their distillation; Bituminous

substances, mineral waxes. 11. Synthetic rubber products 12. Cement Clinker and Asbestos raw including fibre. 13. Explosive (including industrial explosives, detonators & fuses, fireworks,

matches, propellant powders etc.) 14. Mineral or chemical fertilizers 15. Insecticides, fungicides, herbicides & pesticides (basic manufacture and

formulation) 16. Fibre glass & articles thereof 17. Manufacture of pulp-wood pulp, mechanical or chemical (including

dissolving pulp)


18. Branded aerated water/soft drinks (non-fruit based ) 19. Paper Writing or printing paper, Paper or paperboard, Maplitho paper,

Newsprint, in rolls or sheets, Craft paper, Sanitary towels, Cigarette paper, Grease-proof paper, toilet or facial tissue, Paper & paper board, laminated internally with bitumen, tar or asphalt, Carbon or similar copying paper, products consisting of sheets of paper or paperboard, impregnated, coated or covered with plastics, Paper and paperboard, coated impregnated or covered with wax etc.

20. Plastics and articles thereof. 21. Production of firewood and charcoal. 22. Mini Steel plants induction/ Arc/Submerged furnaces, and/ or rolling mills Note: -

(i) The Govt. Departments are exempted from the levy of stamp duty vide Section 3 of the Indian Stamp Act. Accordingly the Govt. Departments, including Railways are not required to stamp the Agreement or any other documents for supply of power. The local bodies, Municipal Committees and Panchayats etc. have, however, not been granted any such exemption and they are, therefore, required to execute all the agreements on the Non-judicial stamp paper of appropriate value.

(ii) It would be advisable to obtain a self-certified copy of the partnership deed

along with a letter of attorney signed by all the partners in the name of person executing the agreement and signing other allied documents on behalf of a “Partnership Firm”. If, however, the firm is registered one, no letter of attorney is required, if the agreement is signed by one of the partners, but if the signatory is other than the partner letter of attorney should be obtained.

(iii) The above procedure shall also be applicable for temporary metered supply

connections.

(iv) In case of conditional NOC or NOC given for a specific period by the competent authority, it shall be the sole responsibility of the consumer to keep the NOC updated. And in case brought to the notice of the concerned field units by the issuing authority, the connection is liable to be disconnected without any notice to the consumer. However, in case the consumer applies for extension of load or transfer of title etc., the field units should exercise a check of such validity of approvals etc. The concerned AE/AEE of ESD shall also prepare a list of such cases control and monitoring.

1.5 After verification of the documents submitted by the applicant as detailed above, the applicant shall be issued acknowledgement of receipt of load sanction case on the format available with A&A form. In case the load sanction is within the competency of Sub-Division, the same may be sanctioned by AE/AEE concerned and in case it falls in the competency of higher officers in the hierarchy, the same be forwarded to the quarter concerned.

INSTRUCTION No. 2

Posting of Application in Service Register and Maintaining Separate Seniority Lists:


2.1 The authorized official after scrutiny of the A&A form shall enter full particulars of

the application in the Service Register (Form CS-2) in ink except the load applied for, which should be entered in pencil.

2.2 The applications for all categories of applicants, whether for permanent or

temporary connections, should be entered in the same Service Register in the order in which these are received. In other words, separate Service Registers (or sections of the same Register) should not be maintained for various categories of consumers or the different groups of consumers (i.e. groups classified according to the particular sub-station to which consumer may be respectively connected.)

2.3 The authorized official will then enter the Application No. and date of receipt as

per entry in the service register on the application form in the space prescribed for it and acknowledge the receipt of the same to the applicant by filling the requisite particulars in the Acknowledge slip at the end of A&A form and signing the slip. This acknowledgement shall form the basis of all future correspondence between the HPSEB Ltd./licensee and the applicant till the connection is actually released.

2.4 Following symbols should be used to distinguish between the various categories of

applicants:-- 2.4.1 Domestic Supply ‘DS’ 2.4.2 Non-Domestic-Non- Commercial Supply ‘NDNCS’ 2.4.3 Commercial Supply ‘CS’ 2.4.4 Small Industrial Power Supply ‘SIP’ 2.4.5 Medium Industrial Power Supply ‘MIP’

2.4.6 Large Industrial Power Supply ‘LIPS’ 2.4.7 Irrigation and Drinking Water Power Supply ‘IDWPS’ 2.4.8 Agricultural Power Supply ‘APS’

2.4.9 Street Lighting Supply ‘SLS’ 2.4.10 Bulk Supply ‘BS’ 2.4.11 Temporary Metered Supply ‘TMS’ 2.4.12 Railway Traction ‘RT’ 2.5 If the temporary connection is applied for by an existing permanent consumer, it

should be treated as a separate application and be entered as such in the Service Register.

2.6 Keeping Applicants Informed about the status of the Application: All enquiries from the prospective consumers in respect of the disposal of their applications for grant of electric connections should be promptly responded. The consumer should be informed of the action taken on his application as well as its present whereabouts viz. the name of the office to which it has been forwarded and the date on which it has been dispatched.

The consumers who have applied online for the electrical connection can check the status of their application on the HPSEBL website by using the Request No. provided to them at the time of application.


2.7 With a view to ensure that release of connections for different categories of applicants is rational, separate seniority list shall be made out from the service register for each category of applicants as per Instruction No. 3 below. 2.8 The applications for a connection in a sub-division which has been computerized, the computerized acknowledgement should be given to the applicant mentioning the details of tracking of applications in addition to details of application.

INSTRUCTION No. 3

Procedure for fixing Seniority for electric connection/ change process: In order to comply with law of natural justice i.e. ‘first come first served’ procedure laid down below should generally be followed for the disposal of applications for electric connections:- 3.1 All connections will be released within the time schedule specified in the HPERC(Licensee’s Duty for Supply of Electricity on request) Regualtions,2004 For sake of reference, the gist of the HPERC(Licensee’s Duty for Supply of Electricity on request) Regulations,2004 is reproduced as under:-

Sr. No.

Activity Time Frame

1 Release of connection From the date of completion of codal formalities and payment of charges & security

a) Where no extension of distribution mains or commissioning of new Sub-Station is required

15 days [Note- A] (7 days for temporary connection)

b) In cases where such extension of distribution mains or commissioning of new sub-station is required but there is no requirement of erection and commissioning of a new 33/11 kV Sub-Station or above

Low Tension (LT) Supply : 40 days 11 kV Supply : 30 days 22 kV Supply : 30 days 33 kV Supply : 60 days Extra High Tension : 120 days (EHT) Supply

c) Where extension of supply requires erection and commissioning of new 33/11 kV or above Sub-Stations

As approved by the Commission.

Important Note:

A. The time limit for release of connection in the serial no. a) of the table above, where no extension of distribution mains or commissioning of new substation is required, has been reduced to 15 days as per Ease of doing Business guidelines and the same has to be followed by field units of HPSEBL for releasing connections.

B. For temporary connections, the applicant will be provided supply according to the following timelines: - i) Where extension of the distribution mains or the commissioning of

the new sub-station is involved, within the timelines as per HPERC


(Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004

Detailed process in this regard may be seen in HPERC (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004 as amended from time to time. 3.2 Seniority in respect of applications for connections will be maintained in separate queues as under:-

Queue No.1: Where no extension of Distribution mains or commissioning of new Sub-Station is required.

Queue No.2: Where extension of distribution main or commissioning of new sub-station is required but there is no requirement of erection and commissioning of a new 33/11 kV Sub-Station or above.

Queue No.3: Where extension of supply requires erection of HT line. Queue No.4:Where extension of supply requires erection and commissioning

of new 33/11 kV or above Sub-Stations. 3.3 All the applications shall be dealt with in the order of seniority. This will comprise

sanction of load, preparation of estimate and sanction thereof. 3.4 The AE/AEE should accord sanction to all such cases which may be in his

competency and forward the rest of the complete cases to the next higher authority. Each authority (Sr.E.E./SE/CE) should accord sanction in respect of the loads/CD within their competency as per delegation and recommend rest of the cases to next higher authorities on the space provided in the A&A form with dated signature.

3.5 On receipt of the sanctioned cases in the Sub Division/Sub-Office, issue of demand

notices will again be as per original category-wise seniority in a particular queue.

3.6 The seniority for the purpose of issue of Service Connection Order should be reckoned from the date the applicant complies with the demand notice. The seniority of such consumers, who complete the formalities on the same day, should be determined on the basis of original seniority of their applications.

3.7 It may, however, not be always possible to follow the procedure laid down above strictly in all cases and, accordingly, the same is to be taken as general guidelines. In actual practice there may be certain other factors, technical or financial, which may necessitate deviation from the procedure outlined above. For instance, there may be case in which augmentation or erection of mains and/or sub-station is involved or where some special material required for the erection of sub-station. H.T. or L.T. lines may not be available. In such cases, other applications or cases waiting till the applications referred to above are connected first. The main consideration is that all the connections should be given expeditiously and within the timelines specified in the HPERC Regulations and no discrimination should be made between the applicants under the same circumstances.

The connections have to be given within time lines as per the HPERC Regulations.


INSTRUCTION No. 4

Verification of Connected Load:

4.1 The actual load requirements of load of prospective consumer/applicant will be entered in the A&A form/requisition form attached with the A&A form. The actual requirements of the load of the consumer should be carefully estimated through personal visit of JE/AAE to the premises where the electric connection is required within the time frame specified for this purpose. The definition of connected load as provided in the H.P. Electricity Supply Code [ Ref. Clause 1.2.11 ] must be kept in mind while verifying the connected load. This visit should also cover the requirements of material for preparation of inventory for the material required for each service connection. It should be ensured that the entries of the load in the application for supply of electricity are based on the actual requirement and in case of discrepancy necessary corrections should be made. In determining the actual load requirements, the following guidelines shall be kept in view:-

4.2 It should be ensured that the entries of the load in the relevant columns of the application form are based on actual rating of device/apparatus connected to the wiring. If, however, the actual rating of any of the energy consuming apparatus connected with the system is not known/ or not visible, the load may be assessed on the following standard wattages for Domestic and general load of other categories of consumers:-

Description Domestic Supply

Commercial & NDNC Supply

General load of other categories

Light Point 60 Watts each 80 Watts each 80 Watts each

Fan Point 80 Watts each 100 Watts each 100 Watts each

Radiator (Small) 1000 Watts each

1000 Watts each 1000 Watts each

Radiator(large) 2000 Watts each


All sockets for light and Fan(5A)

60 Watts each 80 Watts each 80 Watts each

Power Sockets(15 A)

1000 Watts each


Air Conditioner 2500 Watts each

As per rating mentioned in name plate

As per rating mentioned in name plate

NOTE:

i) In case single switch is used for controlling more than one lamp/appliance, the sum of all the lamps/appliances shall be taken into account for connected load purposes.

ii) In case the rating of windows/split air conditioner is not mentioned, the same may be taken as 2.5 kW. In case of domestic and NRS consumers, the air conditioners shall be permanently wired through miniature circuit breakers and isolators which are not controlled through power sockets. In case of existing domestic and NRS consumers, the excess load of AC’s may be regularized with revised A&A form and after obtaining additional security


and recovery of expenditure as per HPERC(Recovery of Expenditure for Supply of Electricity) Regulations, 2012 as amended from time to time .

iii) The actual load of the Geysers installed through power plug shall be taken and in absence of rating, the connected load may be taken as 2 kW in case of storage type Geysers and 3 kW in case of instant Water Heater.

4.3 Where the consumer has installed rectifier transformer for electrolysis, the

connected load of the rectifier transformer shall be taken as a sum of ratings of motors/equipments on output side. Capacity of the rectifier transformer shall not exceed connected load by 20%.

4.4 The connected load of arc-furnace/ induction furnace shall be kVA/kW rating of the furnace transformer feeding the furnace exclusively

4.4.1 Where an induction furnace is fed from an independent transformer with

sub-standard voltage rating i.e. 11000/570 volts etc. the capacity of the feeding transformer be taken as connected load. In case the capacity as kVA or MVA, the same shall be converted to kW by taking a power factor of 0.9

4.4.2 Where an induction furnace/Rolling Mill is fed from a distribution

transformer with standard voltage rating along with other general/ motive load from that very transformer, the connected load shall be the sum of the rating of furnace and motive/ other loads or the capacity of the feeding transformer whichever is higher.

4.5 Where welding sets are found/used in the premises of industrial units like rice

shellers, spinning mills, cold storage, ice factories, atta-chakkies, flour mills, cotton spinning mills, oil mills etc. and where these are used for carrying out minor repairs to the machinery installed and where no job order or outside welding work is carried out, load of one welding set shall not be counted while working out the connected load. In case, more than one welding sets are existing/ installed in such factories, the welding set of lowest rating shall not be counted towards connected load and other welding sets shall be considered towards connected load.

4.6 Installation of three phase power sockets by NRS and Industrial consumers will not be allowed. In case found at site during inspection, the rating should be taken as 6 kW for the purpose of assessing un-authorised use/Theft.

4.6 In case of computer centres, the computer systems connected through UPS, the

rating of UPS indicated in kVA will be converted into kW by multiplying with a power factor of 0.9. However, the sockets installed on output side of UPS will not be taken into account.

INSTRUCTION No. 5 Issuance of Power Availability Certificate: 5.1 Where the contract demand for new or additional load exceeds 100kVA, the

applicant will have to apply for the feasibility clearance certificate i.e. Power


Availability Certificate from HPSEBL before making the application for electric connection/ application for extension of load on the Application & Agreement form. The form of application for feasibility clearance/ PAC will be available free of cost in the designated offices of the HPSEB Ltd. and can also be downloaded from its website i.e. www.hpseb.com.

5.2 As soon as the application for Power Availability Certificate is received by the concerned field units, the feasibility of feeding the load is to be examined by the operation wing/Electrical System Wing as the case may be and the complete case alongwith feasibility report may be forwarded to the competent authority as per delegation of power for issuance of PAC. The competent authority shall issue demand notice for payment of advance cost share towards IDC as per Clause No. 3.2 of H.P. Electricity Supply Code,2009 as amended from time to time for payment within 60 days. The feasibility report shall be submitted on FORMAT-A

Note:- In case of the Central and State Government/Government Agencies, if the applicant is willing to deposit in advance the entire estimated/actual cost of works including the service line, before the actual commencement of works required to be executed for supply of power and such estimated cost is more than the normative Infrastructural Development Charges (IDC) and cost of service line, the applicant shall not be required to make the separate payment of IDC under these regulations and charges towards advance cost share for getting Power Availability Certificate (PAC) under Himachal Pradesh Electricity Supply Code, 2009

5.3 The applicant has to deposit the demand notice charges for issuance of PAC within

a period of sixty days failing which the commitments to supply power already intimated to industry department/or otherwise will be forfeited and consume has to apply for PAC afresh and the power shall be made available on the terms and conditions prevailing at the time of application for power.

5.4 The PAC shall be issued to the consumer within 30 days of deposit of amount of demand notice

5.5 The different Officers are competent to issue the PAC up to following extent: -

Sr.

No.

Designation Delegation Of Powers for

making power commitment

Competent to

make

commitments

on Voltage

Connected

load

Contract

Demand

1. Sr. E.E./ Addl.S.E.

Incharge of

Operation Division

Upto 500 kW Upto 500 kVA 1-ph. 230 V or

3-ph. 0.4 kV

or 2.2 kV or

11 kV or 22

kV

2. S.E./ Dy.C.E. >500 kW to >500 kVA to 3-ph. 11 kV or



Incharge of

Operation Circle

<=2000 kW <=2000 kVA 22 kV

3. Chief Engineer (Op.) >2000 kW to

<=3 MW

>2000 kVA to

<=2.2 MVA

3-ph. 11 kV or

22 kV

4. Board Level

Committee

Managing Director,

Director (Operation)

and Director

(Technical

>3 MW >2.2 MVA 3-ph. 33 kV or

66 kV or 132

kV or 220 kV

All electric furnace(S) load of

100 kW and above with

contract demand of 100 kVA

and above.

All loads containing steel

rolling mills and rolling / re-

rolling mills.

All loads at 33 kV and above

5. The PAC to negative listed industry and in the competency of SLSWC

& MA is to be issued by CE (Comm.) in respect of the online Common

Application Form system of the Industry Department developed by NIC,

after confirmation of deposit of amount by the applicant as per online

request ID generated by HPSEBL. However, the PAC in respect of

offline Common Application Forms are to be issued by the concerned

Sr. Executive Engineers of Operation Wing after authorization by

CE(Comm.).

Procedure followed for issuance of PAC in respect of the applications received through Common Application Form(Online) is as under:- i) The consumer apply for issuance of PAC alongwith the project proposal

online on Single Window portal of Industry Deptt.

ii) The Industry Department forward the application to all Departments including HPSEBL for comments on the proposal.

iii) The comments of HPSEBL is related to arrangement for supply of power. CE(Comm.) is nodal officer for intimation of comments to Industry Deptt.

iv) The proposal is forwarded to the concerned field units to examine the feasibility of feeding the load requisitioned by the unit and to supply the information within three days.

v) After receipt of arrangement of feeding the load and after getting it approved from the competent authority, if required, the comments are uploaded to Single Window Portal.

vi) After approval of SLSWC& MA, of the consumer apply for issuance of PAC through Single Window Portal online, demand is generated online and payment is made by the consumer through Credit Card/Debit Cards Net banking or offline/authorised payment gateway. The PAC is issued to the consumer after deposit of the requisite charges.


Note: -

(i) Power Availability Certificate (PAC) falling under the competence of HPSEB Ltd., shall be issued by concerned Chief Engineer (Operation) with the approval of the Committee.

(ii) The consumer applying for contract demand less than 100 kVA is generally not required to apply for PAC. However if the consumer requests for same as a formality for approval of their project, the same may be issued after completing all the codal formalities.

(iii) In case where the consumer intends to increase the connected load by

installation of additional plant of machinery without any change in the existing contract demand, the consumer is not required to obtain Power Availability Certificate and shall apply on A&A form for such additional load alongwith revised Test Report for sanction of the authority competent as per delegation of powers. However, in case of industrial consumers, the approval of Industry Department or Single Window as the case may be is required to be obtained by the consumer for expansion of the project.

(iv) In case the standard supply voltage of the existing consumer get changed due to additional load or additional contract demand or both, the feasibility of feeding the entire demand may be examined at the higher supply voltage and rest of the procedure for issuance of PAC is same.

5.6 The PAC shall be valid for a period of three years or for such shorter period as may

be mutually agreed upon by the HPSEBL and the applicant, provided that the validity period may be extended, from time to time, as may be mutually agreed upon by the applicant and HPSEBL.

5.7 The applicant shall, after grant of Power Availability Certificate (PAC) the applicant

should complete the works required for release of connection and submit the application to give supply of electricity to the premises within the validity period of PAC with the connected load and contract demand by completing the codal formalities required for the sanction of load. HPSEBL shall adjust, the amount received as advance cost share deposit towards infrastructural development charges against amount recoverable under HPERC (Recovery of Expenditure for supply of electricity) Regulations, 2012. Provided that if the applicant submits application for a contract demand lesser than the contract demand for which Power Availability Certificate has been issued, the amount of advance cost share shall be adjusted as under :-

(a) if the applicant intends to avail the balance contract demand at a subsequent stage during the validity period of the Power Availability Certificate.

On pro-rata basis.

(b) if the applicant expresses his intention not to take supply for the balance contract demand for which Power Availability Certificate was issued.

Full amount of the advance cost share deposited by the applicant shall be adjusted after deducting therefrom 20% of the proportionate amount deposited


as advance cost share in respect of such contract demand as is not to be availed

5.8 Where the applicant who has been granted the Power Availability Certificate (PAC) fails to submit the application or declines to take supply for the full contract demand for which Power Availability Certificate was granted, within the validity period, the advance cost share, not adjusted as per 5.7 above, shall be refunded after deducting there from 20% of the proportionate amount of the advance cost share deposited in respect of the contract demand which is not to be availed.

Illustration: If the Power Availability Certificate is issued for 3000 kVA contract demand, but application is submitted or supply is taken only for 2000 kVA contract demand, 20% of the advance cost share pertaining to 1000 kVA contract demand shall be deducted.

The refund of the refundable amount of advance cost share shall be made within 30 days from the expiry of validity period or from an earlier date on which such applicant expresses his intention not to take supply for full or part of the contract demand for which the Power Availability Certificate was issued and requests for refund of such amount.

5.9 The indicative terms and conditions to be intimated to the consumer at the time of

PAC shall be as under:- The details of Power Availability Certificate such as Name of the Applicant, Location of the premises where power is required, purpose for which the power is required, the connected load (kW) and Contract demand (kVA) of the load requisitioned by the applicant, supply voltage at which power will be made available and the feeding sub-station from where power shall be made available shall be mentioned in the starting paragraph of the PAC. The condition of construction of new sub-station or augmentation of existing sub-station for release of the load, if required, the same shall also be mentioned.

1) In case of drawl of Contract demand in excess of the Contract demand sanctioned, the firm will be liable to pay penalty for over drawl as notified from time to time.

2) The supply during peak load hours (6:30 PM to 10 PM) shall be governed by the additional conditions as specified in the H.P. Electricity Supply Code & Schedule of Tariff and Schedule of General & Service Charges approved by HPERC.

3) The consumer has to submit proof of ownership/occupancy of the premises for which electricity connection is being applied for.

4) Authorization to sign on behalf of company (i.e. Resolution of Board of Directors of the company, duly attested , authorizing the person to sign the papers / agreements on behalf of company along with attested signatures of the authorized person) should also be obtained and verified. A copy of the same be kept in the consumer file.

5) In case of applications for electric connections falling under Planning areas, Municipal Corporations, Nagar Panchayats and other local bodies where TCP Act,


1977 is applicable, the NOC from the local bodies is mandatory at the time of release of connection.

6) The power will be made available on the basis of self- certified declaration/ undertaking given by the consumer at the time of sanction of load. In case of non-fulfillment of statutory provisions/ approvals/ clearances from Govt. (Central/ State) Departments and other statutory bodies, the connection shall be disconnected without any notice, as agreed in the declaration/ undertaking.

7) It should be ensured before sanction of load that the security amount payable as per HPERC (Security Deposit)Regulations,2005 as amended from time to time, shall be got deposited with the concerned Sub Divisional Officer. The amount payable towards Security Deposit shall be in the form of Cash/ Demand Draft (D.D.) drawn in favour of the concerned Sub-Divisional Officer. The firm may opt to furnish the security in the form of Bank Guarantee in place of cash deposit where the amount payable towards security deposit exceeds Rs.10.00 lac and the same shall remain valid during the period the agreement for supply of energy remains in force. The validity of BG in no case should be less than 3 years.

8) The consumer shall deposit cost towards Expenditure for Supply of Electricity as per HPERC (Recovery of Expenditure for supply of Electricity) Regulations, 2012 and its amendments.

9) The cost of dedicated feeder /joint feeder along with bay and associated equipment at both ends, as the case may be, will have to be borne by the consumer as per provisions of HPERC (Recovery of Expenditure for supply of Electricity) Regulations, 2012 and its amendments. The cost of all these components will be intimated to the consumer by the Chief Engineer (Op.), / Chief Engineer(ES), as the case may be.

10) The cost of the whole or part of the service line/equipment paid by the consumer and maintained by the HPSEBL, shall remain the property of HPSEBL and HPSEBL shall have the right to make use of the service line/equipment for extending power supply to other consumer(s) in the vicinity or for any other purpose.

11) The consumer will have to build up the load to the extent of load sanctioned /contract demand within a period of two months of readiness of HPSEBL failing which the demand charges will be levied as per provision of H.P. Electricity Supply Code,2009 as amended from time to time. The metering of the consumer shall be done as per Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 as amended from time to time.

12) During winter months i.e. from November to March, in case there is shortage of power, which otherwise is not a general phenomenon, the release of power will depend upon its availability.

13) No new supply to LT installations with induction motor(s) of capacity above 3 HP and /or welding transformers above 2 kVA shall be given unless shunt capacitors of appropriate ratings are installed to the entire satisfaction of the HPSEBL. The consumer shall maintain a power factor of 0.9 lagging or above at all times.


14) The consumer shall comply with the harmonics standards as specified by the

Authority and for voltage levels for which harmonics standards have not been specified by the Authority, the user shall comply with the standards specified in the relevant International Electrical and Electronic Engineers regulations. In case of failure to comply the specified standards, action shall be taken as per Clause No. 2.1.9 of H.P. Electricity Supply Code, 2009.

15) The consumer shall abide by the provisions of Electricity Act,2003, all applicable laws, conditions of supply, General Conditions of Tariff and Schedule of Tariff, Supply Code, rules, regulations, orders, Directives, Notifications issued and enforced under applicable laws by HPERC/CEA/Govt. of India/Govt. of H.P. and any other instructions/circulars issued by HPSEB Ltd. from time to time, and as amended from time to time, for equitable and efficient distribution of electric energy.

16) The HPSEBL reserves the right to impose any restrictions depending upon the loading conditions of the feeding substation and availability of power as may deem fit to regulate the supply in the most efficient manner.

17) It is mandatory for the consumer to use BEE star labeled (with minimum 4 star rating) Motorpump sets, and ISI/BIS marked power capacitors, foot/reflex valves etc. as per Govt. of H.P., MPP & Power Deptt. Order No. Vidyut-C(7)-1/2008 dated 5.12.2009 and its amendment dated 28.12.2016.

18) The Power Availability Certificate shall remain valid for a period of three years from date of its issuance. Other specific conditions of line/sub-station to be commissioned, or any other case specific conditions shall also be included while issuing the PAC to the consumer.

5.10 Standard Supply Voltage/ Supply Voltage: Depending upon the minimum and maximum limits of contract demand (or connected load in case of domestic supply) the character of supply shall be as per the relevant provisions of the Himachal Pradesh Electricity Supply Code, 2009, as amended from time to time. The relevant provisions are as below:

5.10.1 Standard Supply Voltage/ Supply Voltage:

The standard supply voltage shall mean the standard voltage at which electricity shall be given to the consumer through a common or dedicated or joint dedicated feeder without payment of any lower voltage supply surcharge (LVSS). Depending upon the connected load(kW or MW), contract demand (kVA or MVA), nature of load and existence of a voltage (volts/kV) and phase in the relevant distribution system, the standard supply voltage for a consumer shall be as provided in clauses (a) and (b) of this para 5.10.1 and para 5.10.3-

(a) The maximum limits of connected load (kW or MW) and contract demand (kVA or

MVA) for the supply of power at a voltage, shall be as under-

Sr. No.

Standard Supply Voltage

Maximum Connected Load

Maximum Contract Demand


1.

Single phase 230 volts or three phase

415 volts or 2.2 kV;

(for supplies not involving special

category loads)

50 kW 50 kVA

2. Three phase 11 kV or 22 kV;


category loads)

3 MW 2.2 MVA

3. Three phase 33 kV 12 MW 10 MVA


5. Three phase 132 kV or 220 kV No limits

Provided that where special category loads are involved, the standard supply voltage shall be 11 kV or 22 kV, as may exist on the relevant distribution system, if –

(i) the total connected load does not exceed 1 MW, irrespective of special category loads; or

(ii) the total quantum of connected load in respect of special category loads does not exceed 750 kW within the overall limit of total connected load upto 3 MW and total contract demand upto 2.2 MVA:

Provided further that, if neither of the limits given in the first proviso, in relation to supplies involving special category loads, are adhered to, the standard supply voltage shall be 33 kV or the appropriate higher voltage in accordance with the limits specified in this clause: Provided further that where a consumer having connected load of not more than 50 kW is already getting supply at LT voltage immediately before commencement of the Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014, he shall continue to be covered under a LT standard voltage (i.e. single phase 230 volts or three phase 415 volts) irrespective of contract demand already sanctioned in his favour, so long as he does not further extend his connected load or contract demand beyond the specified limits of 50 kW or 50 kVA respectively: Provided further that where a consumer is getting supply at a voltage higher than the standard supply voltage as per the said specified limits, he shall continue to get supply at such higher voltage without any rebate for higher voltage supply. (b) Where the connected load or contract demand exceeds the relevant ceiling limit specified in clause (a), the appropriate higher voltage at which both such limits can be adhered to, shall be considered as standard supply voltage and there shall be no minimum limits for supply of power at a particular voltage. 5.10.2 Supply at Lower Voltage: Where the consumer seeks supply of power at a voltage lower than the standard supply voltage as per para (5.10.1), the licensee shall supply power at such lower voltage subject to the maximum limits of connected load and contract demand as specified in this para; payment of lower voltage supply surcharge (LVSS) by the consumer at the rates given in the tariff order applicable from time to time; and other conditions, as may be relevant, specified in this para or in para (5.10.3) and as per the provisions of the Supply Code :-

Sr. No.

Supply Voltage

Description Maximum Connected

Maximum Contract


Load Demand

1. 11 kV (for supplies not involving special category loads)

(a) If 22 kV or 33 kV voltage level exists in the relevant distribution system.

5 MW 4 MVA

(b) If 22 kV or 33 kV voltage level does not exist in the relevant distribution system.

6 MW 5 MVA

2. 22 kV (for supplies not involving special category loads)

(a) If 33 kV voltage level exists in the relevant distribution system.

6 MW 5 MVA

(b) If 33 kV voltage level does not exist in the relevant distribution system.

7 MW 5.5 MVA

3. 33 kV (a) If 66 kV voltage level exists in the relevant distribution system.

15 MW 12 MVA

(b) If 66 kV voltage level does not exist in the relevant distribution system.

18 MW 14 MVA

4. 66 kV (a) Through a common or dedicated or joint dedicated feeder

18 MW 14 MVA

(b) Through a dedicated or joint dedicated feeder

30 MW 24 MVA

Provided that all such supplies, excepting the same at Sr. No.4(a), shall be given through dedicated or joint dedicated feeders only and that in case of Sr. No. 4(a) the supply shall be given through a common or dedicated or joint dedicated feeder: Provided further that in case of supply involving special category loads, the same shall be given at 11 kV or 22 kV subject to further conditions that the total connected load in respect of the special category loads does not exceed 1.5 MW within the total connected load upto 3 MW and contract demand upto 2.2 MVA and that the supply is to be given through a dedicated feeder or a joint dedicated feeder emanating from EHV sub-station: Provided further that if the conditions given in second proviso, in relation to the supplies involving special category loads, are not adhered to, the supply shall be given at 33 kV or at appropriate higher voltage depending on the total connected load and contract demand: Provided further that the provisions of this para, shall be further subject to the following condition:-

(i). that the voltage regulation limits shall have to be adhered to while deciding the supply arrangements; (ii). that in case of special category loads and other such loads which can cause disturbances in the power distribution system, the consumer shall provide suitable protection equipments as per the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and other prudent practices to adequately insulate the distribution system from the disturbance caused by such loads; (iii). that the consumer already getting supply at higher voltage as compared to the standard supply voltage or the limits given in this para, shall not be entitled to any higher voltage supply rebate; and


(iv). that in cases of joint dedicated feeder, the limits of maximum connected load and maximum contract demand as per this para shall be applicable for the summation of the connected loads and contract demands of both the consumers.

Explanation.- For the purposes of this para,- (a) “dedicated feeder” means the electric supply line emanating from the sub-station of the licensee through which electricity is, or is intended to be, supplied to a single consumer; and (b) “joint dedicated feeder” means the electric supply line emanating from the sub-station of the licensee through which electricity is, or is intended to be, supplied to two consumers.

5.10.3 (i) Where the contract demand has not been applied for or sanctioned, the limit corresponding to 90% of the connected load (in kW) converted into kVA by adopting power factor of 0.9 shall be deemed as the contract demand. (ii) The supply shall be made at the minimum voltage level at which all the relevant limits and conditions are adhered to. However, if the consumer opts for supply of power at a voltage higher than the standard supply voltage, the licensee shall allow the same excepting the cases in which there may be some constraint. (iii) Where the connected load or contract demand is to be enhanced, the standard supply voltage under para (5.10.1) and the supply voltage under para (5.10.2) shall be redetermined as per the provisions under the said paras based on enhanced connected load and enhanced contract demand. Explanation.- For the purposes of paras (5.10.1) and (5.10.2), “special category loads” means furnace loads and mass induction heating loads and shall also include any other load as the Commission may, after taking into consideration electrical characteristics and its impact on the distribution system, by order, declare it to be a special category load.

INSTRUCTION No. 6

Sanction of Load:

6.1 The consumer is required to apply for sanction of load on the A&A form with deposit of requisite charges as detailed above in Instruction No.1 to 5. The concerned Sub-Division shall process the case with detailed feasibility of feeding the load, voltage regulation calculations of the feeder from where the supply is to be released and sanction the load in case in the competency of Sub-Division and submit the case to the concerned Division. The concerned Division shall check the documents and verify the feasibility report. In case the feeding sub-station is under control of Electrical System Wing or the supply voltage of the proposed load is 66 kV or above, the feasibility report shall be forwarded to Electrical System Division for verification and recommendations. The feasibility report shall be submitted on FORMAT-B As in some of the cases the authorities competent to sanction the load and the estimate may be different, steps should, therefore, be taken to get the estimate sanctioned in advance specifically in case the service line is a dedicated feeder or the connection is to be released at 11 kV and above, after issuance of PAC to the consumers. The consumer shall apply for sanction of load after the installation of plant and machinery including the


electrical installation and wiring is almost complete and the details of load of plant and machinery can be verified at site. 6.2 The various officers are competent to accept the A&A form and sanction of loads at standard supply voltage for all categories of consumers whether permanent or temporary up to the following extent:--

Sr.

No.

Designation D.O.P. for sanction of load

Connected

load

Contract Demand

1. Engineer Incharge of

Operation Sub- Division (AE,

AEE, Ex.Engg.)

<=50 kW

(at LT Supply)

<=50 kVA

2. Sr. E.E./ Addl.S.E. Incharge

of Operation Division

>50 kW to

<=500 kW

( up to 11 kV)

>50 kVA to <=500 kVA

3. S.E./ Dy.C.E. Incharge of

Operation Circle

>500 kW to

<=2000 kW

( up to 11 kV)

>500 kVA to <=2000

kVA

4. Chief Engineer (Op.) >2000 kW to

<=3 MW

(Up to 11 kV)

>2000 kVA to <=2.2

MVA

5. Board Level Committee

Managing Director, Director

(Operation) and Director

(Technical).

>3 MW >2.2 MVA

All electric furnaces(S) load of 100 kW

and above with contract demand of 100

kVA and above.

All loads containing steel rolling mills

and rolling / re-rolling mills.

All loads at 33 kV and above

The formal sanction order shall be issued by the concerned Chief

Engineer (Op.) after approval of Board Level Committee and completion

of all the codal formalities.

6 Concerned CE (Op.) after

completion of codal

formalities

Permanent reduction of connected

load/contract demand in respect of the

load at Sr. No. 5

Note: In cases of extension of load the above limits shall apply for total load i.e.

sanctioned existing load and additional load. The competent authorities to sanction such load in such cases shall be the same as for the total connected load after inclusion of additional load as indicated above.

6.3 The indicative terms and conditions to be intimated to the domestic consumer at

the time of sanction of load shall be as below:-

The details of sanction of load such as Name of the Applicant, Location of the premises for which load is sanctioned, purpose for which load is sanctioned, the connected load (kW) sanctioned ( in case of additional connected load, the existing load(kW) and additional load(kW) may also be entered) , supply voltage at load is sanctioned and the feeding sub-station from where power shall be made available shall be mentioned in the starting paragraph of the sanction of load.


1) The consumer has to submit proof of ownership /occupancy of the premises for

which electricity connection is being applied for

2) Authorization to sign on behalf of company (i.e. Resolution of Board of Directors

of the company, duly attested , authorizing the person to sign the papers /

agreements on behalf of company along with attested signatures of the

authorized person) should also be obtained and verified. A copy of the same be

kept in the consumer file.

3) In case of applications for electric connections falling under Planning areas,

Municipal Corporations, Nagar Panchayats and other local bodies where TCP Act,

1977 is applicable, the NOC from the local bodies is mandatory at the time of

release of connection.

4) The power will be made available on the basis of self- certified declaration/

undertaking given by the consumer at the time of sanction of load. In case of

non-fulfillment of statutory provisions/ approvals/ clearances from Govt. (Central/

State) Departments and other statutory bodies, the connection shall be

disconnected with intimation, as agreed in the declaration/ undertaking.

5) The consumer has deposited security amounting to Rs. [ Rs. _______in cash

+ BG amounting to Rs.__________] as per HPERC (Security Deposit

Regulations),2005 for the contract demand as per billing cycle with the

concerned Sub Divisional Officer. The amount payable towards Security Deposit

shall be in the form of Cash/ Demand Draft (D.D.) drawn in favour of the

concerned Sub-Divisional Officer.

6) The consumer shall deposit cost towards Expenditure for Supply of Electricity as

per HPERC (Recovery of Expenditure for Supply of Electricity) Regulations,2012

and amendments. The amount deposited must be entered in the A&A form in the

space provided for the purpose.

7) The cost of service line and associated equipment at both ends, as the case may

be, will have to be borne by the consumer as per HPERC (Recovery of

Expenditure for Supply of Electricity) Regulations,2012 and amendments.

8) The metering of the consumer shall be done as per Central Electricity

Authority (Installation and Operation of Meters) Regulations, 2006 as

amended from time to time.

9) During winter months i.e. from November to March, in case there is shortage

of power, which otherwise is not a general phenomenon, the release of

power will depend upon its availability and HPSEBL reserves the right to

impose any restrictions.

10) The consumer shall abide by the provisions of Electricity Act,2003, all applicable

laws, conditions of supply, General Conditions of Tariff and Schedule of Tariff,

Supply Code, rules, regulations, orders, Directives, Notifications issued and

enforced under applicable laws by HPERC/CEA/Govt. of India/Govt. of H.P. and

any other instructions/circulars issued by HPSEB Ltd. from time to time, and as


amended from time to time, for equitable and efficient distribution of electric

energy.

11) The HPSEBL reserves the right to impose any restrictions depending upon the

loading conditions of the feeding substation and availability of power as may

deem fit to regulate the supply in the most efficient manner.

12) HPSEBL will not be held responsible for any loss to the consumer as a result of

any breakdown, shutdown (whether planned or emergency) or restriction power

etc.

13) The consumer will have to abide by the CEA (Measures relating to safety and

electric supply) regulation 2010 and its amendments.

6.4 The indicative terms and conditions to be intimated to the other than domestic

consumers at the time of sanction of load shall be as below: A) Sanction of New /Addl Load /Contract Demand The details of sanction of load such as Name of the Applicant, Location of the premises for which load is sanctioned, purpose for which load is sanctioned, the connected load (kW) and Contract demand (kVA) sanctioned ( in case of additional connected load and/or Contract demand, the existing load(kW) and additional load(kW) with existing Contract demand(kVA) and additional Contract demand (kVA) may also be entered) , supply voltage at load is sanctioned and the feeding sub-station from where power shall be made available shall be mentioned in the starting paragraph of the sanction of load. The condition of construction of new sub-station or augmentation of existing sub-station for release of the load shall also be mentioned in case applicable.

1) In case of drawl of Contract demand in excess of the Contract demand

sanctioned, the firm will be liable to pay penalty for over drawl as notified from

time to time.

2) The supply during peak load hours (6:30 PM to 10 PM) shall be governed by the

additional conditions as specified in the H.P. Electricity Supply Code & Schedule

of Tariff and Schedule of General & Service Charges approved by HPERC.

The prior intimation of 30 days of his intention of using the load during peak

load hours has to be intimated to HPSEBL.

3) The consumer has to submit proof of ownership /occupancy of the premises for

which electricity connection is being applied for.

4) Authorization to sign on behalf of company (i.e. Resolution of Board of Directors

of the company, duly attested , authorizing the person to sign the papers /

agreements on behalf of company along with attested signatures of the

authorized person) should also be obtained and verified. A copy of the same be

kept in the consumer file.

5) In case of applications for electric connections falling under Planning areas,

Municipal Corporations, Nagar Panchayats and other local bodies where TCP Act,


1977 is applicable, the NOC from the local bodies is mandatory at the time of

release of connection.

6) The power will be made available on the basis of self- certified declaration/

undertaking given by the consumer at the time of sanction of load. In case of

non-fulfillment of statutory provisions/ approvals/ clearances from Govt. (Central/

State) Departments and other statutory bodies, the connection shall be

disconnected with intimation, as agreed in the declaration/ undertaking.

7) The consumer has deposited security amounting to Rs. [ Rs. _______in cash

+ BG amounting to Rs.__________] as per HPERC (Security Deposit

Regulations),2005 for the contract demand as per billing cycle with the

concerned Sub Divisional Officer. The amount payable towards Security Deposit

shall be in the form of Cash/ Demand Draft (D.D.) drawn in favour of the

concerned Sub-Divisional Officer. The firm may opt to furnish the security in the

form of Bank Guarantee in place of cash deposit where the amount payable

towards security deposit exceeds Rs.10.00 lac and the same shall remain valid

during the period the agreement for supply of energy remains in force. The

validity of BG in no case should be less than 3 years. The entry of security

deposited by the consumer may be made in the A&A form in the space provided

for the purpose.

8) The consumer shall deposit cost towards Expenditure for Supply of Electricity as

per HPERC (Recovery of Expenditure for Supply of Electricity) Regulations,2012

and amendments. The amount deposited must be entered in the A&A form in the

space provided for the purpose.

9) The cost of ____ kV dedicated feeder /joint dedicated feeder along with bay and

associated equipment at both ends, as the case may be, will have to be borne by

the consumer as per HPERC (Recovery of Expenditure for Supply of Electricity)

Regulations, 2012 and amendments. The cost of all these components will be

intimated to the consumer by the Chief Engineer (Op.), concerned / Chief

Engineer (ES), HPSEBL, Hamirpur, as the case may be. The entry of amount

deposited by the consumer on this account shall be made in the A&A form in the

space provided.

10) The cost of the whole or part of the service line/equipment paid by the consumer

and maintained by the HPSEBL/consumer as per HPERC Regulations, shall remain

the property of HPSEBL and HPSEBL shall have the right to make use of the

service line/equipment for extending power supply to other consumer(s) in the

vicinity or for any other purpose.

11) The consumer will have to build up the load to the extent of load sanctioned

/contract demand within a period of two months of readiness of HPSEBL

failing which the demand charges will be levied as per provision of H.P.

Electricity Supply Code (First Amendment) Regulations, 2014.


12) The metering of the consumer shall be done as per Central Electricity



13) No new supply to LT installations with induction motor(s) of capacity above 3

HP and /or welding transformers above 2 kVA shall be given unless shunt

capacitors of appropriate ratings are installed to the entire satisfaction of the

HPSEBL

14) The consumer shall comply with the harmonics standards as specified by the

Authority and for voltage levels for which harmonics standards have not been

specified by the Authority, the user shall comply with the standards specified in

the relevant International Electrical and Electronic Engineers regulations. In case

of failure to comply the specified standards, action shall be taken as per Clause

No. 2.1.9 of H.P. Electricity Supply Code, 2009.

15) The consumer shall abide by the provisions of Electricity Act,2003, all applicable

laws, conditions of supply, General Conditions of Tariff and Schedule of Tariff,

Supply Code, rules, regulations, orders, Directives, Notifications issued and

enforced under applicable laws by HPERC/CEA/Govt. of India/Govt. of H.P. and

any other instructions/circulars issued by HPSEB Ltd. from time to time, and as

amended from time to time, for equitable and efficient distribution of electric

energy.

16) The HPSEBL reserves the right to impose any restrictions depending upon the

loading conditions of the feeding substation and availability of power as may

deem fit to regulate the supply in the most efficient manner.

17) The supply of electricity shall not be commenced by HPSEBL for HT and EHT

supply voltage unless the permission from Electrical Inspector is obtained by the

consumer to commence or recommence the supply after an installation has been

disconnected for six months. The consumer will have to abode by the CEA

(Measures relating to safety and electric supply) regulation 2010 and its

amendments.

18) It is mandatory for the consumer to use BEE star labeled (with minimum 4

star rating) Motor pump sets, and ISI/BIS marked power capacitors,

foot/reflex valves etc. as per Govt. of H.P., MPP & Power Deptt. Order No.

Vidyut-C(7)-1/2008 dated 5.12.2009 and its amendment dated 28.12.2016.

Other specific conditions of line/sub-station to be commissioned, or any other case specific conditions shall also be included while issuing the load sanction order.

B) Permanent reduction of contract demand

The details of sanction of permanent reduction of contract demand such as Name of the Applicant, Location of the premises for which load is sanctioned, existing


contract demand before reduction and contract demand after reduction and supply voltage shall be mentioned.

The effective date of permanent reduction of contract demand shall be the date on which the reduction of contract demand has been sanctioned or 30 days ( timeframe as per HPERC(Distribution Standards Performance) Regualtions,2010) from receipt of application in the sub-division with processing fee, whichever, is earlier.

The details of processing fee deposited at the time of application on the changed quantum of contract demand as per Schedule of Tariff and Schedule of General and Service Charges shall be mentioned in the order.

The enhancement of contract demand, if any, required in future shall be regulated as per Clause No. 3.2 of H.P. Electricity Supply Code (First Amendment) Regulations, 2014 and recovery of expenditure shall be made as per regulation 7(2) of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 and its amendments.

The other terms and conditions of original load sanction shall remain unchanged.

6.5 Release of connection to from the Sub-Station of consumer.

In case a HT consumer with one unit as a separate individual entity (either sister concern or another unit of a firm or company) requiring connection LT connection may request HPSEBL to avail the connection from the Sub-Station installed by the HT consumer with agreement for metering and billing. Similarly in case of EHT and HT consumer, the Sub-metering arrangement can be requested by the consumers. In such cases, both the units are either the separate units of a firm of Company with separate production line/business or sister concerns. HPSEBL may allow the same subject to following:-

6.5.1 The sub-metering arrangement may be allowed in case system is not

available with HPSEBL (this shall not be limited to system constraints but only in case there is no system with HPSEBL at a particular voltage) and in case the system is available, other consumers may be asked to club the load, if it is feasible.

6.5.2 In case system at particular voltage is not available with HPSEBL, the sub-

metering may be allowed but only for adjoining areas and not in the cases where the units are separated by road, forest land, plot, piece of land etc.

6.5.3 The metering and billing arrangement in the shape of agreement shall be approved by the concerned Chief Engineer(Op), of HPSEBL after the arrangement has been approved by the authority competent to sanction of load a per delegation of power.

All other codal formalities may be completed before release of connection. One copy of the document may be sent to Chief Engineer (Commercial) for reference and record after sanction of load in respect of those load sanction cases which has been approved by Board Level Committee .


Instruction No. 7

Intimation of Acceptance of Application, Issuing of Demand Notice & Execution of Agreement:

7.1 After the load applied for by the prospective consumer and the estimate for service

line as per Regulation 4 of HPERC (Recovery of Expenditure for supply of Electricity) Regualtions,2012 and its amendments and as per Sub-Regulation 3 and 9 of Regulation 5 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations, 2012 ,wherever applicable have been got sanctioned from the competent authority, suitable entry should be made in the service register. The consumer shall be intimated about the acceptance of his application and demand notice shall be issued. The demand notice to the consumer should comprises of the following:-

a) The initial security deposit for new/additional load/Contract demand, as applicable,

as per HPERC(Security Deposits) Regulations,2005 as amended from time to time.

b) Normative Infrastructural Development Charges as per Regulation 5(2) of HPERC(Recovery of expenditure for supply of electricity) Regualtions,2012 as amended from time to time.

c) The cost of service line estimate as per Regulation 4 of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations 2012.

d) The entire cost of infrastructure to be created in case of builder/promoter as per Regulation (6) of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations 2012, as the case may be.

e) The entire cost of works in the areas where no infrastructure is available or no

growth is foreseen in immediate future including the sites where locations of the loads depend upon the geographic factors and availability of basic raw material such as cement factories and construction power for Hydel projects etc as per Regulation 5(3) of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations 2012 and sub-regulation 9 of Regulation 5 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 for exclusive works , as the case may be. Note: In case of HT /EHT connection, or where the load is to be released

on dedicated feeder, the estimate for HT/EHT line may either be prepared after issuance of PAC or after sanction of load as decided by the consumer and the field units of HPSEBL in order to execute the work simultaneously with installation of plant and machinery so as to release the connection in a time bound manner.

7.2 The demand notice (in duplicate) should immediately be issued within the time

period specified under clause 3 of HPERC (Licensee’s Duty for Supply of Electricity on request) regulations 2004 against proper receipt or by registered/ speed post to the prospective consumer on form CS -5 (a) in case of LT Consumers and on form – CS 5(b) in case of HT/EHT consumers for its compliance by the consumer.


The demand notice should indicate the following :- i) All deficiencies to be made good and the codal formalities to be completed

by the applicant and observations and conditions observed by the sanctioning authority.

ii) Necessity to furnish the test report from the approved wiring contractor in case not submitted at the time of application for connection. It some minor installation & testing by the electrical contractor at the premises of applicant is left, the consumer may be allowed to submit the Test Report after sanction of load by the competent field officers. However, the test report on parameters related to safety and protection of the installation should be submitted at the time of submission of initial test report along with A&A form only.

iii) The deposit of charges as per regulations notified by HPERC as indicated at

Sl. No. 7.1 above. 7.3 Period for which the offer remains valid:

7.3.1 In the demand notice the period for which the offer will remain valid is also

required to be intimated to the applicant. The normal validity period to comply with the demand notice is 90 days which can further be extended at the request of the consumer on valid grounds up to a period limited to six months.

7.3.2 In case of non-compliance of the demand notice within the period

mentioned in such notice or within such period as may be mutually agreed between the licensee(HPSEBL) and the applicant which in not more than six months, the application, against which the demand notice had been issued, shall be treated as withdrawn and the matter shall be further dealt with in accordance with relevant governing Regulations and Codes of the Commission.

7.7 Delay to take supply or avail contract demand:

7.7.1 After the load has been sanctioned, the HPSEB Ltd. shall carry out all the necessary codal formalities and execution of works for supply of power in line with the HPERC (Licensee’s Duty for Supply of Electricity on Request) Regulations 2004. As soon as HPSEB Ltd. completes all works required for releasing the connection to the prospective/ existing consumer, concerned Sr. executive Engineer, Electrical Division shall intimate prospective/ existing consumer in writing the readiness of HPSEBL to release the load and shall request the prospective/ existing consumer to avail the load with in specified period of two months. The prospective/ existing consumer shall carry out all the inspection and testing work of his installation done within the period of two months.

7.7.2 In case the prospective/ existing consumer, either delays to receive supply

of electricity or does not avail the full contract demand within two months, demand charges in respect of consumers to whom two part tariff is applicable, on the sanctioned contract demand shall be charged on the


sanctioned contract demand at the rates as per the relevant Schedule of Tariff subject to following limits in line with clause 3.9 of the Supply code:

S.No. Description Minimum Limit

i For initial six months from the expiry of notice period or date of release of connection, whichever is earlier;

Maximum demand actually availed if any.

ii For next six months; Maximum demand actually availed, if any, or 30% of the total sanctioned contract demand, whichever is higher

iii After expiry of the period provided in item (ii) above

Maximum demand actually availed, if any, or 50% of the total sanctioned contract demand, whichever is higher

Provided that the minimum limits, as given, in (ii) and (iii) above, shall not be further decreased on the account of tariff provisions relating to charging of demand charges for lesser quantum of demand due to non utilization or temporary reduction of contract demand.

INSTRUCTION No. 8

Disposal of Pending Applications:

8.1 At the close of each month an abstract in the Service Register should be prepared by SDO/J.E. incharge of the Sub-Division/Sub Office. The abstract should show clearly the number of pending applications and applications received during the month. The pending applications (especially for tube well and industrial loads) should be further scrutinized by the SDO (A.E./A.E.E.) personally and necessary action be taken to see that arrangements are made to make supply of power available to all genuine demands.

8.2 Where an application for supply of electricity pertains to a village, hamlet or area that has not been electrified, supply of electricity in such case(s) will be made only after electrification of that village, hamlet or area as per the investment plan of the licensee, as approved by the commission & application may be disposed off by writing the words ”pending for want of electrification of the area” in the Service Register in the column concerned (in red ink). The reason for non-acceptance should also be written (in red ink) in continuation of the words “pending for want of electrification” across the ensuing column. The probable/ tentative date by which the power can be made available be also intimated to the consumer on the basis of investment plan. Separate seniority list of such type of “pending” applications is to be maintained meticulously and the same should be followed while releasing the connection. Such applications should be properly acknowledged and the applicant informed accordingly.

INSTRUCTION No. 9

Receipt of duly complied demand notice, Agreement Form, Test Report & other relevant documents:


As soon as the consumer complies with the Demand Notice the following procedure may be adopted:--

9.1 It should be ensured that all the documents required to be furnished by the

consumer duly filled and signed have been received in the Sub-Division. It will be the specific duty of the receiving HPSEBL official to check the details.

9.2 The wiring contractor’s test report ‘Form CS-10’ as was received along with

A& A form should be verified in respect of various categories of consumers. In case, if a minor installation & testing by the electrical contractor at the premises of applicant is left, the consumer may be allowed to submit the Test Report after sanction of load by the competent field officers. However, the test report on parameters related to safety and protection of the installation should be submitted at the time of submission of initial test report along with A&A form only.

The following officers are authorized to verify and accept test reports in case of the categories of consumers within the time limits indicated against each:--

S. No.

Officer/ official designated

Consumer Category

Time Limit

8.3.1. Junior Engineer/ AAE.

Domestic, NDNCS & Commercial consumers

Within 10 days after sanction of load

8.3.2 SDO (A.E/A.E.E.) Agricultural, Small/ Medium/ Large Industrial, IDWPS and Bulk Supply consumers, SL and TMS (to get supply at L.T.)

Within 10 days after sanction of load

8.3.3 Sr. Executive Engineer

Small//Medium/Large Industrial, IDWPS and Bulk Supply consumers, TMS, Railway Traction ( to get supply at H.T./EHT)

Within 10 days after sanction of load.

It may, however, be pointed out here that the period specified above is the maximum and that normally it should be possible to verify the test reports in much shorter period.

Note: - (i) In case the electrical installation of the consumer does not conform the relevant

provisions of the CEA (Measures relating to Safety & Electric Supply)Regulations,2010 and its amendments or is likely to constitute danger, the consumer should be informed in writing of the shortcomings and to deposit the requisite re-inspection fee as per the relevant provision of the applicable Schedule of Tariff and General & Service Charges .As soon as the consumer intimates the


removal of defects and deposits the re-inspection fee the installation should be retested and the procedure repeated until the defects are removed fully.

(ii) No connection should be given on false test reports or where the installation has

not been carried out. Any official/officer responsible for this breach of Instructions would be liable for disciplinary action.

(iii) To avoid unauthorized extensions of load by Agricultural, Industrial and Bulk Supply consumers, the accepting authority as indicated above must ensure that the connected load in respect of the consumers falling under their power as stated above is checked at least once a year.

(iv) HP Govt. Vide notification No. MPP-F(5)-22/2013-I dated 28.6.2016 has introduced self-certification provision and third party verification for installation of up to 440 V supply voltage. In case self-certified/third party verified installations, the same may be accepted. No new connection or reconnection after disconnection of more than six months in respect of installation of supply voltage above 440 V be made by the HPSEB Ltd. on the request of the consumer without the inspection of installation by Electrical Inspector.

(v) The connected load (kW) calculated by converting the ratings on the machine from kVA or HP(in case of motors) as per procedure specified in Instruction No. 4 above shall be rounded to three decimal places( watt being the basic unit of power).

9.3 If any applicant or a consumer is dissatisfied with the rejection of the test report,

he has the right to appeal to the Chief Electrical Inspector to test the installation under Regulation 38 of CEA ( Measures relating to Safety and Electric Supply)Regualtions,2010 and the decision of the said Inspector will be binding on the consumer as well as HPSEBL. While intimating the defects to the consumer under relevant rules he should also be informed of his right to appeal so that, if he so desires, he may do so. The charges incidental to such testing will be borne by the consumer himself. If the grievances of prospective consumer is held valid by the Electrical Inspector then the connection/ reconnection shall be made by the HPSEBL within 24 hours from the receipt of such intimation from the Electrical Inspector

9.4 It should, however, be ensured that no Test Report is rejected on flimsy grounds.

Whenever a test report is rejected by the J.E, intimation should be given by him to SDO (A.E/A.E.E.) immediately, giving detailed reasons for the rejection. In exceptional cases if SDO (A.E/A.E.E.) is satisfied that the Test Report has been rejected without valid reasons, he may order that the connection to the applicant should be given before any other connection is taken up. The giving of the next connection should not, however, normally be stopped. Where J.E. points out defects even in the Second Test report, the SDO (A.E/A.E.E.) should personally verify the fact to ensure that the test report is not being repeatedly rejected merely to harass the applicant.

9.5 It should also be seen that no undated test reports are accepted. It is very

essential to fill in the entries regarding the date on which the actual test is carried out so that periodical testing of consumer’s installation as enjoined under Regulation 46 of CEA (Measures relating to Safety and Electric Supply)Regualtions,2010 could be conducted after requisite intervals.


9.6 The prospective consumer should deposit balance security, if any, after verification

of connected load of consumer installation in respect of the connection where single part tariff is applicable , with the cashier of the HPSEBL as may be indicated in the Demand Notice Form CS-5. The cashier on receipt of the charges as per demand notice should issue to the applicant a receipt in Form HB (CAO-37) (under signatures of the official authorized by HPSEBL) in token of having received the amount and append a note on it to the effect that the charges as per details below has been received by him vide Receipt No----------------------- dated --------------

9.7 There should be no undue delay in returning the verified Test Report. On the

receipt of the same in the Sub-Division Office and receipt of additional security ,if any, as per para 9.6 and also if all the other conditions/requirements have been met, the SDO (A.E/A.E.E.) will issue a service connection order (Form No. CS-12); reference to the service connection order (No. and date) being entered on the bottom of the HPSEBL’s installation Test Order.

9.8 It should be ensured that only one Service Connection Order Book is used at a time

for all categories of connections at One Local Distribution Centre. 9.9 The quantum of load filled by the applicant in the A&A form and Test Report may

be verified by the concerned field units as per Instruction No. 4 and in case correction is required to be made based on actual verification of load, the same may be done by the authority verifying the test report in the test report. The connected load (kW) shall accordingly be amended in the A&A form after verification of test report and before the Service Connection Order (SCO) or Sundry Job Order(SJO) as the case may be.

INSTRUCTION No. 10

Release of connection vis-à-vis Shortage of Materials: 10.1 All concerned officers up to the level of Chief Engineer should ensure that

adequate, materials and all other facilities generally required for grant of connections are provided to all the Sub-Divisions/Divisions under their control well in time so that the work of grant of connections goes on unhampered.

10.2 The Sr. Executives/ Superintending Engineers should keep in touch with the field

units under their control so that release of connections is not stopped merely because of local shortage of materials etc. Generally, there should not be any shortage of material; However, in case of such eventualities, which should only be as exceptional cases, the consumer shall have the option to provide the requisite material as per relevant standards & specifications. For such material/ equipment, Executive Engineer concerned shall be associated for quality assurance. Wherever the consumer provides the material, the amount of the service estimate shall be adjusted accordingly and he shall not be charged in the service estimate for the material supplied by him. No material should, however, be accepted from the consumer by any of the officials without the written approval of the S.D.O In charge in respect of LT connections of domestic & commercial category of consumers , who should also invariably keep a copy of such approval with him, so that at the time of taking the measurement of the works connected with the grant


of connection or while adjusting the accounts thereof, it should be ensured that the material has been actually utilized and properly accounted for. In respect of other category, in case of any extreme eventually, the concerned Chief Engineer(Operation) shall decide to accept the material in consultation with Chief Engineer(MM) .

10.3 The Sr. Executive Engineers shall submit the quarterly return on such shortages to

the higher authorities for their appraisal.

INSTRUCTION No. 11

Supply of Power to Local Bodies for Public Lighting:

11.1 Receipt and Disposal of Requisition 11.1.1 A requisition for supply of power from a Local Body e.g. Municipal Corporation/

Committee or NAC or Village Panchayat or cantonment area, for public lighting needs to be accompanied with an attested copy of Resolution passed by the elected representatives sanctioning the installation of street light points; however, in the absence of any elected body, the Administrator should sign the requisition. In addition, the Local Body should also forward an attested copy of the resolution authorizing its representatives (by name) to sign the agreement on its behalf along with their specimen signatures duly attested.

11.1.2 For village Panchayats, in order to avoid financial complications a certificate from

the District Panchayat Officer to the effect that the draft agreement has been approved by him, should also accompany the resolution and the requisition. The agreement for Public Lighting will, in this case, be signed by the Pradhan and Up- Pradhan or a Ward Member or Panchayat Secretary after they have been authorized for the purpose by the village Panchayat through a resolution. An attested copy of the resolution should also accompany this requisition.

11.1.3 As soon as a requisition together with an attested copy of the resolution passed by

the local body is received in the Local Office of HPSEBL, the necessary estimate and other necessary documents should be prepared at once. The local body should be informed within 10 days from the receipt of the requisition, the estimated cost worked out in accordance with the provisions of HPERC (Recovery of Expenditure for supply of Electricity) regulations 2012 and its amendments from time to time and the Cost Data for the relevant year, approved by the Commission, and the local body should be asked whether it is prepared to pay the said amount. The Local Body should be clearly informed that the estimated cost is tentative and subject to the final approval/sanction of estimate by the competent authority.

11.1.4 On Local Body agreeing to depositing the estimated cost, the street lighting

agreement should be got signed from the authorized representative of the local body in quadruplicate and simultaneously the estimated got sanctioned from the competent authority.

11.1.5 The signed agreement in quadruplicate together with other documents should then

be forwarded to Superintending Engineer concerned, through the Sr. Executive Engineer concerned for acceptance by him on behalf of the HPSEB Ltd.


11.1.6 The estimate/ Agreement will be dealt with by the authorities concerned returned

to the Local Office duly sanctioned/accepted in due course, and demand notice issued to the Local Body for depositing the estimated cost, security deposit and completion of any other formalities required, but the work of providing street light points should not be delayed for want of execution of Agreement on the part of the Superintending Engineer which may take some time.

11.1.7 On compliance of the demand notice by the Local Body, action to release

the power supply for street lighting shall be taken in accordance with the provisions of relevant regulations.

11.2 Execution of Principal & Supplementary Street Lighting Agreement:

The Agreement for street lighting by the Local Body is to be executed on the model form for Public Lighting Agreement, as approved by the HPSEB Ltd. In this connection, following points need special attention:

11.2.1 There should be no over-writing in the Agreement.

11.2.2 Corrections and interpolations, if any, should be initialed by all the executants of the Agreement i.e. by the President and the Secretary or by the Executive Officer (as the case may be) in the case of Municipal Committees; and Pradhan and Up-Pradhan or a Ward member in case of Village Panchayats and by Superintending Engineers on behalf of the HPSEB Ltd.

11.2.3 Mere manuscript filling in the blanks in the Agreement Forms need not be

attested by the executants. 11.2.4 The date of execution of an agreement (i.e. the date to be filled in the first

line of the agreement), should always be written in words such as ‘Forth day of April, Two Thousand and Twelve.

11.2.5 The number of lamps, their wattages, length of lines in kilometers etc.

should also be written both in figures and words in the agreement e.g. 20 (twenty) Lamps, 40 (forty watts) and 4.136 (four decimal one three six) KM.

11.2.6 Each page of the agreement should be initialed and the four copies of

schedule - I signed in full by the representative of the Local Body.

Note 1 The space meant for filling the date of execution of an agreement is not to be filled in by the Divisional or Sub Divisional Officers.

The date of execution of an agreement should be the date on which the agreement is last signed by any party thereto.

Note 2 While filling Schedule I of the Street Light Agreement, it

should be kept in view that at least the requirements of the next five years are taken into consideration so that the necessity of entering into supplementary agreement every now and then is obviated. In the column meant for minimum


No. of lamps, the immediate requirements should be entered, whereas in the column meant for ‘Maximum No. of Lamps’ the probable No. of Lamps, which would be required by the end of 5 years, should be mentioned.

11.2.7 As the public lighting Agreement is an important document just as a

contract Agreement, the codal rules/instructions on the subject should be followed in preparing the same, whenever applicable.

11.2.8 The agreement thus completed in quadruplicate along with the various

schedules should then be forwarded to Superintending Engineer concerned through Executive Engineer for acceptance on behalf of HPSEBL. Original copy of the Agreement should be retained in S.E.’s Office and the Duplicate one forwarded to the S.D.O. (A.E./A.E.E.) for onward transmission to the Local Body. The 3rd and the fourth copy of the agreement should be made available to the Sr. Executive Engineer and the S.D.O. (A.E/A.E.E.) for reference and record.

11.3 Disposal of an application For Extension in Street Light Points:

11.3.1 As soon as a requisition together with a Resolution of the Local Body for

extension in Street Light Points is received and if the extension in Public Lighting points is within the Maximum No. of lamps in Schedule I of the Principal Agreement, Junior Engineer should be asked to frame the estimate and prepare four copies of the estimate, which should be got signed from the authorized representatives of the Local Body and estimate sent to competent Authority for sanction whereas Schedule I in quadruplicate should be sent to the Superintending Engineer through the Sr. Executive Engineer. The work should, of course, be taken in hand after the cost has been recovered. The original copy of Schedule I should be kept in record by Superintending Engineer, while the duplicate should be returned to the Local Body. The 3rd and 4th copy of the Schedule I should be supplied to the S.D.O. (A.E/A.E.E.) and Sr. Executive Engineer of Electrical Division by the S.E.’s Office for record and reference.

11.3.2 In such cases where the extension in Public Lighting points is not covered

by the Maximum No. of bulbs set forth in Schedule I of the Principal Agreement or wherever some change of wattages of bulbs which is not covered by the Principal Agreement, is required, a supplementary agreement in quadruplicate should be got signed from the authorized representatives of the Local Body. The procedure with regard to the execution of the supplementary agreement would be the same as for the principal agreement already described. A regular estimate should be framed to cover the expenditure involved and work should be taken in hand in accordance with the process mentioned above.

It should, however, be borne in mind that if the necessity of executing a

Supplementary Public Lighting Agreement arises on account of the change in the wattages of lamps or type of fitting, then –relevant clause of the principal agreement should be scored out under the initials of the parties of the agreement.


11.4 Whenever application is received in an office other than the one to which it relates, it should be forwarded to the concerned office under intimation to the consumer so that he may know where his application is being dealt with.

INSTRUCTION No. 12

Allotting Account Number:

12.1 As soon as a service connection order has been made out and authorized but before it is actually issued, the consumer’s name should be entered in the Consumer’s Ledger and Account No. and K.No./Consumer No. should be allotted to it. The new account number and K.No./Consumer No. besides being entered in the Service Register should also be mentioned in the Service Connection Order.

12.2 The account number & K Number/Consumer No. may be issued after following the

indexing scheme to identify the consumer based on the K Number/Consumer No. While issuing the SCO, the phase i.e. R /Y/B be mentioned in case of single phase connection so as to balance the load on transformer.

12.3 To avoid any omission, it will be the personal responsibility of Senior Assistant or

other official in-charge of the maintenance of Service Register to see and verify that the formalities of the S.C.Os are properly completed. They should sign the SCOs in token of having checked the same and also write the words “A/C No…… entered in ledger” on the top of the S.C.O. The SDO (A.E./A.E.E.)/J.E. in charge of sub-division/sub-office should also see that procedure as laid down above is followed rigidly. The S.C.O. must not be signed unless the above entries are made by the Sr. Assistant/Ledger Clerk on it. They should also, off and on, make a check of a few entries to see that the Account Nos. are actually opened in the ledgers by the Ledger Clerk/Sr. Assistant.

Similar procedure may be followed irrespective of whether the record is maintained manually or entry is made through Computerized billing software.

INSTRUCTION NO.13

Recording of Consumer Cases: 13.1 A personal file will be maintained for each applicant/consumer and all documents relating to release of connection to him, mentioned below be recorded therein.

13.1.1 Application & Agreement form together with the stamp paper duly accepted

by the competent authority (Form CS-1 (a) or CS-1(b) as the case may be. 13.1.2 Service estimate (Form CS-7). 13.1.3 Intimation of acceptance of application and Demand notice (Form CS-5a or

5b as the case may be) 13.1.4 Receipts of charges deposited by the consumer. 13.1.5 Wiring contractor test report and HPSEBL’s installation test order (Form CS

10.) 13.1.6 Service connection order (Form CS-12)


13.1.7Any correspondence between the consumer and SDO (A.E/A.E.E.) and between the SDO (A.E/A.E.E.) and the higher offices in respect of that connection. 13.1.8 Any other connected paper. 13.1.9 The file should be headed as follows:

1. Name of the consumer. 2. Application No. 3. Account No./K.No. 4. Category of consumer as per Schedule of Tariff.

INSTRUCTION No. 14

Custody of Consumer Cases: The original copy of the A&A form and other documents should be retained with the respective Sub-Division irrespective of sanctioning authority. The documents shall be kept in the Sub-divisional office concerned in the safe custody by various officials as follows :--

14.1 All consumer cases should be kept by the Senior Assistant/ M.L.C. in

his/her personal custody. 14.1.1 All the consumer cases be serially numbered category wise and entered in a

register (as per Form CS-2) giving full particulars of the documents relating to the consumer’s case.

14.1.2 At every change of charge, a clear certificate of handing and taking over

charge of these documents should be prepared and kept in the Sub Divisional Office for record. Simultaneously entries should be made in the register referred under Instruction No. 14.1.1 above. A copy of the certificate of transfer of charge be also submitted to the Divisional Office to facilitate fixing of responsibility in case of any missing documents.

14.2 In case of load sanction by the AE/AEE in charge of the Sub- Division, single

copy of the A&A form along with other documents shall be obtained and recorded in the sub-divisional office, whereas in case of load sanction by the Sr. Executive Engineer/ Superintending Engineer (Op.)/Chief Engineer (Op.), the A&A form shall be obtained from the prospective consumer in duplicate/ triplicate/ quadruplicate respectively. The original copy of the accepted A & A form and other connected documents should be retained and properly recorded in the sub-divisional office and the remaining copies sent to other offices for record.

14.3 In order to check and enforce this provision, the Sr. Executive Engineers

should particularly see during their routine tours and also during annual Inspections that these Instructions are meticulously followed. Any breach in the observance of these Instructions should be viewed very seriously and suitable steps be taken to avoid its recurrence.


INSTRUCTION No. 15

Supply of Electricity to residential colonies either developed by HIMUDA or Pvt. Developers/Promoters/Builders with registration and licence from Competent Authority i.e. Director Town & Country Planning, HP: 15.1 Most of the residential complexes /colonies are covered under domestic tariff for

which single part tariff is applicable. The Power Availability Certificate shall be issued based on connected load in kW and not as per contract demand as demand in this case is same as connected load.

15.2 The builder/developer/promoter of residential complexes should have valid

registration certificate issued in their favor by the competent authority i.e. Director, TCP, HP. The builder/developer/promoter of residential complexes should have valid licence issued by Director, TCP for the specific location or completion /part completion certificate issued by Director, TCP in case the project is partially completed. The criteria for obtaining licence for construction of apartments and buildings and hence issuance of PAC is as per HP TCP Act,1977 ( Ref. Section 2(c), 2(z) and section 78 of TCP Act).

15.3 The load shall be verified/assessed (as the case may be) by the concerned Sr.E.E.,

Electrical Division of HPSEBL and accordingly feasibility of feeding the load including voltage regulations shall be examined by the concerned field units.

15.4 No connection shall be released to the apartments/colonies without necessary NOC

by Director TCP, HP. 15.5 The builder shall bear the entire charges and/or costs for the infrastructure

development under Sub-regulation (2) to (9) or sub-regulation (3) and (9), of regulations 5 of HPERC(Recovery of expenditure for supply of Electricity)Regualtions,2012. The concerned field units shall take up the execution of such works only after receiving the entire amounts, excepting those for the adjustments for the difference between estimated costs and actual costs under regulation 5(9) of HPERC (Recovery of expenditure for supply of Electricity) Regualtions,2012. The builder will have to bear the entire cost of required infrastructure which may include construction of new substation, augmentation of existing substation, erection/ augmentation of HT line, erection of LT line with distribution main.

The individual allotees shall pay the cost of service lines and other works as per regulation 4 and /or regulation 17 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 as amended from time to time . The Normative IDC will not be recovered for individual connections who have been allotted the residential flats/house etc. by the builder/developers who have already deposited the entire cost of infrastructure covered under Regulation 5 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 and its amendments.

INSTRUCTION No. 16

Measurement of Service lines:

16.1 ‘Service Line’ shall have the same meaning as defined in the Electricity Act, 2003


16.2 ‘HPSEBL’s Distribution Main’ shall have the same meaning as defined in the Electricity Act, 2003

16.3 On receipt of the J.E.’s report that the connection has been installed, the SDO (Assistant Engineer/Assistant Executive Engineer) should personally examine and take measurements of the service line installed and record a certificate to that effect on the reverse of the Service Connection Order.

16.4 The measurement of the service lines should be taken in accordance with the

following rules: --- 16.4.1 Sub Divisions up to 6000 connections (including connections in Sub offices).

The SDO (A.E./A.E.E) should check all entries relating to industrial connections and also where mains and sub mains have been laid. In respect of domestic/NDNC/ Commercial connections, he should check 10% of service lines.

16.4.2 Sub Division having more than 6000 connections and where Junior Engineer is attached

Jr. Engineer will perform the percentage check as under item (i) above. The (A.E./A.E.E) will however, still check 100% of the entries relating to industrial connections and main/sub mains. The check would also include the connections in sub-offices under the charge of J.E.

16.4.3 Sub Office under the Charge of Jr. Engineer. The J.E. will perform 100% check of all the service connections.

INSTRUCTION No. 17

Peak load hours Supply: 17.1 The following additional conditions shall be applicable for use of power

during peak load hours(6:30 PM to 10 PM) in case of the consumers covered under small industrial power supply, medium Industrial power supply, large industrial power supply and irrigation and drinking water pumping supply:

17.1.1 Such consumption shall be recorded separately for different time slots during normal hours, peak hours and during night time through suitable meters which are capable of recording the energy (kVAh/kWh) during the peak load hours. In cases where such meters do not already exist, the consumer intending to use power during peak load hours shall give a notice of 3 months to HPSEBL and may start using power during peak load hours after such meter has been installed.

17.1.2 The consumers who have already obtained sanction from HPSEBL for using electricity during peak load hours may continue doing so to the extent of permission granted to them without any additional notice.

17.1.3 Where the meters as per clause 17.1.1 already exist but the consumers have not already obtained exemption to run their plant during peak load hours or want to use higher load than what was permitted during peak load hours, they shall give a prior intimation of 30 days to HPSEBL where after they may start using power or additional power during peak


load hours as per their requirement within their sanctioned contract demand unless HPSEBL issues any instructions to the contrary through a general or specific order. In the meanwhile, consumers may continue using power to the extent of bonafide factory lighting and colony supply forming part of sanctioned connected load or to the extent of permission obtained. The consumption shall however be charged at the rates applicable for respective periods (normal, peak and night) as a part of the total consumption during such respective periods.

17.1.4 HPSEBL shall, in case of any constraint, always be entitled to impose any restrictions on usage of power during peak load hours in all cases through general or specific order;

17.1.5 In cases where HPSEBL imposes any restrictions through general or specific orders the consumer shall abide by such restrictions failing which the HPSEBL shall be entitled to disconnect the supply to such consumers after giving a notice

17.1.6 The sanctioned contract demand shall not be violated;

17.1.7 Payment of peak load charges (demand and energy) shall be payable by the consumer at the rates as per the respective schedules of tariff;

INSTRUCTION No. 18

Reduction/ Enhancement of Connected Load or Contract Demand on Permanent basis: 18.1 Permanent Reduction of connected load/ contract demand: In some cases

the consumers may apply for permanent reduction of connected load/permanent reduction of contract demand due to one reason or other and they may also request for refund of Security. Following guidelines are issued to deal with such cases:

18.1.1 Consumers who apply for permanent reduction of connected

load/permanent reduction of contract demand may be permitted to do so, on production of revised A&A form and test report. However, in case there is change in contract demand without change in connected load only revised A&A form is to be obtained from the consumer. The processing fee, if applicable as per the relevant Schedule of Tariff and General & Service Charges shall be payable.

18.1.2 The authority competent to sanction the load before reduction in the load

/contract demand shall also be competent to sanction reduction of contract demand/connected load except in case of Board Level Committee where concerned Chief Engineer(Op) has been delegated to sanction the reduction of connected load/permanent reduction of contract demand as mentioned in instruction No. 6.2 of the Sales Manual


18.1.3 To verified immediately in order to check the revised load and to avoid any dispute about the date of change of connected load.

18.1.4 The sanction of load whether it is reduction of connected load or sanction of

reduction of contract demand, it should be dealt within 30 days. The time lines for reduction in contract demand as per HPERC(Distribution Performance Standards) Regulation, 2010 is 30 days even if it is sanctioned after that period.

18.1.5 Refund of security deposit, if any, on account of reduction of load/contract

demand, shall be regulated as per HPERC (Security Deposit) Regulations,

2005. Any delay in refund of excess security, if any, also involves payment of interest and as such the field units must adhere to the time lines.

18.1.6 In compliance of the HPERC (Distribution Performance Standards)

Regulations 2010, maximum time limit for reduction of contract demand is fixed as under:

Sr. No.

Description Time frame Date from which demand charges

leviable on reduced contract

demand

Remarks

1 Permanent

Reduction of contract

demand

30 days after

receipt of application in

line with

HPERC (Distribution

Performance Standards)

Regulations

2010

Date of sanction of

reduced Contract demand by the

competent

authority or expiry of time limit

(30days) from the receipt of A&A form

in the sub-division

with processing fee whichever is earlier.

If not sanctioned

within 30 days due to some

procedural/

administrative delays, such

sanction shall be deemed to have

been accorded on

the due date of 30days after the

receipt of application and

deposit of processing fee.

18.1.7 In order to adhere to the time frame, it may be ensured by the AE/AEE

concerned that the complete case is received in the Sub- Division with the requisite processing fee.

Note:-

i) The concerned AE/AEE of ESD shall intimate the concerned sanctioning authority with a copy to other higher officers, if any, that the case for permanent reduction of contract demand has been received in the sub-division and complete case with requisite documents are being forwarded through proper channel to his office for sanction. In case the sanction of permanent reduction of contract demand is not received within specified time frame of 30 days, the


reduction of contract demand will be made effective after expiry of 30 days.

ii) The case for sanction of revision of contract demand may be simultaneously be submitted to the competent authority through proper channel.

18.1.10 Efforts should be made such that the case does not remain pending in each

office for more than three days. Dated initials to be recorded on A&A form while processing/ forwarding the case file.

18.1.11In case the sanction of reduction of contract demand as per 18.1.7.1 is not

received in the concerned sub-division within the time period of 30 days, AE/AEE of concerned electrical sub-division should allow change of contract demand at his end without waiting for the approval/ sanction of competent authority.

18.1.12 In case of reduction of connected load with or without reduction of contract demand, the consumer has to apply on A&A form alongwith revised Test Report with actual connected load so reduced.

18.1.13 The test reports on reduction of connected shall be verified by the

concerned officer as per Instruction No. 9.3 of Sales Manual.

18.2 Enhancement in contract demand/connected load: 18.2.1 Consumers who apply for enhancement of connected load/ contract demand may

be permitted to do so, on production of revised A&A form and test report. However, in case there is increase in contract demand without change in connected load only revised A&A form is to be obtained from the consumer

18.2.2 The consumer shall be required to deposit, at the time of submitting his application

for such enhancement/additional load, the amount towards security for additional connected load or contract demand, as the case may be, as per HPERC (Security Deposit), Regulations2005 and its amendments and charges as per recovery of expenditure for supply as per HPERC (Recovery of Expenditure for supply of electricity) Regulations,2012 and its amendments).

18.2.3 If the additional contract demand for enhancement of contract demand or

additional load requisitioned by the consumer is more than 100 kVA, then prior to the application on A&A form as given in 18.2.1 above, the consumer shall have to apply for the PAC as per instruction No. 5 of this manual.

18.2.4 The authority empowered to sanction the total contract demand/connected load

shall be competent to sanction the enhancement of connected load/contract demand as per instruction No. 6.2 of the Sales Manual.

18.2.5 The time frame for release of enhancement of contract demand shall as per

HPERC(Licensee’s Duty for Supply of Electricity) Regulation,2004.


INSTRUCTION No. 19

Temporary Revision in Contract Demand:

The consumers to whom two part tariff is applicable shall be entitled to revise their contract demand within the total sanctioned contract demand without surrendering their lien of the total sanctioned contract demand, subject to the following conditions-

19.1 The consumer shall not reduce the contract demand to lesser than 50% of

the total sanctioned contract demand subject to a further condition that the contract demand shall not be reduced below the lowest limit of contract demand as per the tariff category (or any sub-category thereof) applicable to him;

Illustration.- A HT-2 single supply consumer having sanctioned contract demand of 1.8 MVA shall not be entitled to reduce the contract demand to 1000 kVA or any value lesser than 1000 kVA;

19.2. The consumer shall not be entitled to revise the contract demand more than twice a year subject to the condition that the time gap between two successive revisions shall not be less than 3 months;

19.3 The consumer shall give a notice of at least one month to the HPSEBL

before revising the contract demand under this mechanism. Even though the consumer shall not be required to obtain any sanction from the HPSEBL for change in contract demand under this mechanism, he, so as to avoid the disputes, shall ensure that the notice(s) for such revision are duly served by him upon the licensee through registered post or through courier service or is delivered by hand against signed receipt therefor;

19.4 In cases where the contract demand is reduced under this mechanism, such

reduced contract demand shall be applicable for billing purposes; and 19.5 In cases where the consumer gets his contract demand reduced

permanently, the limit of 50% under clause 19.1) above shall be considered with respect to such reduced contract demand, but such reduction shall not be considered to have been made under this mechanism and the time gap of 3 months as per clause 19.2 shall be reckoned from the date from which the demand was last revised under this mechanism. Illustration.- If a consumer who is having sanctioned contract demand of 10 MVA temporarily revises the contract demand to 6 MVA w.e.f. 01.08.2014 under this mechanism but gets his sanctioned contract demand permanently reduced to 8 MVA w.e.f. 01.09.2014, he shall have to pay charges based on 6 MVA contract demand till 31.10.2014 (i.e. till the expiry of 3 months period from the date at which the contract demand was last

revised i.e. from 01.08.2014). However, if the contract demand is to be reduced permanently to lesser than 6 MVA (say 4 MVA as on 01.09.2014), the demand charges would have been based on a contract demand of 4 MVA during the period upto 31.10.2014.

19.6 The processing fee as per relevant Schedule of Tariff and General and Service Charges shall be payable by the consumer in case of temporary


revision of contract. The temporary reduction of contract demand may be entertained on simple application on plain paper or company letter head. Such request should be made by the consumer atleast one month prior to the date from which the consumer intends to avail the temporary revision of contract demand. The request of the consumer be acknowledged in the Sub- Divisions and the date of receipt of request of revision of contract demand in the Sub-Division should be considered for billing i.e. the revision of CD will be made effective after one month from the date of receipt of request of the consumer as per the amended provisions. The concerned AE/AEE of ESD shall then accept the request under intimation to the competent authority to sanction the full existing load for perusal/record and should also indicate the date on which temporary revision shall be effective.

INSTRUCTION No. 20

Change of Name/Title:

20.1 In case a consumer wants to transfer his connection in the name of other person, a request on HPSEBL’s standard application & Agreement form [CS-1(a) or CS-1(b) as the case may be] by the person in whose name the connection is sought to be transferred, should be made to the local office of the HPSEBL accompanied by the consent of the existing consumer for change of name in accordance with clause 3.5.1 of the Supply Code. The test report shall be furnished along with A&A form in case the connected load is in excess of the sanctioned connected load.

20.2 As soon as, such a requisition on A&A form [CS-1(a) or CS-1(b)] is received, the Jr.

Engineer should be directed to visit the premises of the consumer for re-rating the installation, so that the new consumer is not held responsible for any alteration in the connected load which may have been effected by existing consumer without the authority of HPSEBL. In addition to this the J.E. should check up that all the material of the HPSEBL installed at the premises of the consumer is intact and has not been tampered with. He should also find out whether the change in name is motivated by genuine requirements and not for evading payment of any dues. He may also record the probable period since when the new applicant has been in occupation of the premises.

20.3 In case the J.E.’s report is satisfactory and there is no change in connected load (or

where there is a slight change but the existing service line can take up the load) the new consumer should be served with demand notice. It should, however, be kept in view that the issuance of the demand notice should not be delayed for more than 7 days of the receipt of the application on A&A form CS-1(a) or CS-1(b). The consumer should serve at least minimum 15 days notice of his intension to do so, so that all the formalities in respect of change of name are observed within 15 days of disconnection or change in name.

20.4 After the new consumer complies with the Demand Notice, immediate action should

be taken to take the meter reading and preparation of final bill so that final bill for the old consumer could be made out with in 5 days and a new Account No. for a new consumer allotted and his account opened in the ledger for issuing him monthly/bimonthly bills. So far as the old consumer is concerned, the amount of the final bill or any other charges due from him should be immediately recovered. Also, it is to be noted that the final bill in respect of old consumer will also include


payment for the period between the date of special/ final reading and his proposed vacation of the premises on pro-rata basis on consumption pattern of the current billing cycle.

20.5 Although no physical disconnection or reconnection may be involved in the process

of change of name yet a disconnection order in form ‘CS-14’ in respect of old consumer and a service connection order in form ‘CS-12’ in the name of the new consumer should be made in the account books. Steps should simultaneously be taken to forward the agreement to the competent authority for acceptance.

20.6 In such cases where the new applicant is found to be sharing the electric

connection with the old consumer or alternatively the old consumer is related to him or would continue to benefit from the supply of energy, an undertaking from the new consumer should be obtained as an additional safeguard. If the application for the change of name is received from such a person who after taking possession of the premises has been utilizing the electric connection held in the name of the old occupant, the change of name should only be affected after he pays the old outstanding dues or at least a reasonable part thereof in proportion to the period he has been occupying the premises.

20.7 In order to complete the whole process, the consumer should wherever it is not

possible to affect the change of name with in stipulated period of 15 days and the old consumer has already served the HPSEBL a notice of 15 days, the connection should be disconnected with due notice to the outgoing consumer unless he applies in writing to the S.D.O. (A.E/A.E.E.) to continue supply till the new consumer completes all the formalities.

20.8 The procedure for change of name in different situations is summarized

below:

1. Procedure for Change of name in case of a builder of flat scheme takes connection in his name and it is subsequently transferred in the name of

purchaser

Documents required to be

submitted ( by the

consumer in whose name the name is required to

be changed)

Charges to be deposited

Security Deposit Recovery of Expenditure

1) Certified copy of

registered Sale Deed

/conveyance deed OR

Society’s Share Certificate in case of Registered Housing

Society. 2) Copy of current electricity

Bill duly paid with no arrears.

3) A&A form duly filled with one cross Stamp Paper of Rs.

10/-. 4) Identity proof of new

applicant.

5) Self-certified undertaking/ Declaration on plain paper for

1) Security for the

existing load shall be

transferred in the name of new consumer on giving

undertaking as per Annexure-A.

1) Nil ; in case the existing

load as per test report is same

as sanctioned load.

2) In case the load

required is in excess of the existing sanctioned load,

the additional security for additional load as per

HPERC(Security Deposit)

Regulations shall be deposited by the new

consumer, along with test report from Licensed

2) Normative IDC shall be

charged as per rates prevailing at the time of name change

on additional load in case total load required at consumer

premises is more than the

sanctioned load.


change of name Electrical Contractor, which

may be verified by the concerned HPSEBL

official(s).

2. Procedure for Change in case of Premises is owned by way of Revenue Partition


submitted (by the consumer in whose name

the name is required to

be changed)



1) Documents confirming

that the meter is located in his share of property i.e.

land/ building (Tatima &

Jamabandi). 2) Copy of current electricity

Bill duly paid with no arrears. 3) A&A form duly filled with

one cross Stamp Paper of Rs.

10/- 4) Identity proof of new

applicant. 5) Self-certified undertaking/

Declaration on plain paper for change of name

1) Security for the existing

load shall be transferred in the name of new consumer

on giving undertaking as

per Annexure-A.


load/CD as per test report is same as sanctioned load.

2) In case the load

required is in excess of the

existing sanctioned load, the additional security for

additional load as per HPERC(Security Deposit)


consumer, along with test

report from Licensed Electrical Contractor, which


official(s).


charged as per rates prevailing

at the time of name change on additional load/CD in case

total load required at consumer premises is more

than the sanctioned load.

3. Procedure for the change of name is required because of amalgamation /merger as per the provisions of Companies Act,2013

Documents required to be submitted ( by the


be changed)



1) Certificate of Incorporation

issued by the Registrar or copy of High Court Order.

2) Article of Association. 3) Approval of change of

Name by the Industries Deptt. of HP.

1) Security Deposit in

Cash shall be transferred automatically. The Security

Deposit in the shape of BG shall be required to be

changed for new name of the consumer.


load/CD as per test report is same as sanctioned load.


4) Copy of current electricity

Bill duly paid with no arrears. 5) A&A form duly filled with

one cross Stamp Paper of Rs.

10/-. 6) Test Report from Licensed

Electrical Contractor. 7) Board resolution for

authorised signatory. 8) Self-certified undertaking/

Declaration on plain paper to

pay any outstanding liability if any become due by old

consumer. 9) Identity proof of new

applicant

10) Self-certified undertaking/ Declaration on

plain paper for change of name

2) In case the load


the additional security for




Electrical Contractor, which


official(s).

2) Normative IDC shall

be charged as per rates prevailing at the time of name

change on additional load/CD

in case total load required at consumer premises is more


4. Procedure for change of name when premises is sold to the applicant or gifted.


consumer in whose name

the name is required to be changed)



1) Certified copy of Sale Deed.

2) Approval of change of

Name by the Industries Deptt. of HP in case of

Industrial Consumer. 3) Copy of current electricity

Bill duly paid with no arrears.

4) A&A form duly filled with one cross Stamp Paper of Rs.

10/- 5) Test Report from Licensed

Electrical Contractor.

6) Self-certified undertaking/ Declaration on plain paper to

pay any outstanding liability if any become due by old

consumer. 7) Board resolution for

authorised signatory(if

company). 8) Identity proof of new

applicant. 9) Self-certified undertaking/

Declaration on plain paper for

change of name

1) Security as per HPERC Security Regulation shall be

paid by the new consumer.

The security deposited by the old consumer shall be

refunded to the old consumer.

1) Nil ; in case the existing load/CD as per test report is

same as sanctioned load.

2) In case the load






Electrical Contractor, which


official(s).



on additional load/CD in case



5. Procedure for change of name when premises is let out to the applicant


submitted ( by the consumer in whose name





be changed)

1) Legal document supporting such letting and

NOC of the owner. 2) Copy of current

electricity Bill duly paid with no arrears.

3) A&A form duly filled with

one cross Stamp Paper of Rs. 10/-.

4) Self-certified undertaking/ Declaration on plain paper

from the owner to bear the

outstanding liability of tenant if remain unpaid.

5) Identity proof of new applicant.

6) Self-certified undertaking/ Declaration on plain paper for

change of name

1) Deposit will stand transferred if consent is

given by the owner otherwise to be paid by the

tenant and refunded to the owner.



2) In case the load




Regulations shall be deposited by the tenant,

along with test report from Licensed Electrical

Contractor, which may be

verified by the concerned HPSEBL official(s).



on additional load/CD in case



6. Procedure for change of name due to allotment of residential accommodation

by House Allotment Committee of Govt. Departments/Organisation



be changed)



1) Allotment letter from the respective Govt. Department.

2) Copy of current electricity Bill duly paid with no arrears.

3) A&A form duly filled with

one cross Stamp Paper of Rs. 10/-.


5) Self-certified undertaking/

Declaration on plain paper for change of name

1) Security as per HPERC Security Regulation shall be

paid by the new consumer. The security deposited by

the old consumer shall be

refunded to the old consumer.



2) In case the load


the additional security for additional load as per

HPERC(Security Deposit)


consumer along with test report from Licensed

Electrical Contractor, which may be verified by the

concerned HPSEBL

official(s).



on additional load/CD in case total load required at

consumer premises is more


8) Premises is owned due to death of consumer (in whose name the electric connection exists).


submitted ( by the consumer in whose name


be changed)




1) Death Certificate of the consumer in whose name the connection exists.

2) Legal heir certificate of the new consumer.

3) NOC from other legal heir than spouse of consumer.

4) Copy of current electricity Bill duly paid with no arrears.

5) A&A form duly filled with one cross Stamp Paper of Rs. 10/-.


7) Undertaking for change of name as per format.

1) Security for the existing load shall be transferred in the name of new consumer on giving undertaking as per Annexure-A.

2) In case the load required is in excess of the existing sanctioned load, the additional security for additional load as per HPERC (Security Deposit) Regulations shall be deposited by the new consumer, along with test report from Licensed Electrical Contractor, which may be verified by the concerned HPSEBL official(s).

1) Nil; in case the existing load as per test report is same as sanctioned load.

2) Normative IDC shall be charged as per rates prevailing at the time of name change on additional load in case total load required at consumer premises is more than the sanctioned load.

INSTRUCTION No. 21 Connected Load Register (Form ‘CS 24’)-Directions for Use of: 21.1 In every Sub-Division and Sub-office, a connected load register in Form ‘CS-24’ is intended to be maintained for the following purposes:

21.1.1 Balancing the load on feeders by phases. 21.1.2 Anticipating the necessity for augmenting the capacities of feeders,

switches, transformers etc. 21.1.3 Compilation of connection returns. These registers will be maintained by

J.Es and entries made therein in accordance with following instructions: 21.1.3.1 The opening entry in the register should be made on 1st January from the

connection return for the month of December. If the registers have already been put into force, the totals of the registers up to 31st December should be verified with the actual load and then carried over to 1st January of the next year.

21.1.3.2 A separate register should be used for each sub-station.(For sub stations

of smaller capacity only one register may be used allotting portion of it for each sub-station).

21.1.3.3 Capacity of the transformer should be written on sheet No. I at the

top. Capacity of the switch and cable/conductor should be written against the items provided for this purpose. These particulars need not be repeated on the subsequent sheet unless any change takes place.

21.1.3.4 Capacity of each feeder should be filled in and marked as (a) capacity


of the feeder switch should also be filled in and marked as (b). Feeder No. and its capacity should be written as under:--

Capacity in K.W (a) 200

(b) 100

21.1.3.5 Capacity of each phase in each feeder should be calculated in KW and entered under the columns headed ‘R’, ‘Y’ and ‘B’ respectively. If desired, the capacity of each phase may also be worked out in amperes and entered below the letter ‘R’,’Y’ and ‘B’

21.1.3.6 The particulars referred under 21.1.3.4 & 21.1.3.5 should be repeated on

each sheet.

21.1.3.7 In the case of 3 phase consumers the load of each consumer should be shown in column 19 but for the purposes of balancing of the load on various feeders and different phases in a feeder, the connected load of each 3 phase consumer should be proportioned amongst the three phases in a feeder.

21.1.3.8 As soon as a connection or a disconnection is made it should be recorded

on the same day in the register, from the HPSEBL’s installation test report or the disconnection order (as the case may be) and the words ‘Entered in CS-24 Page….. ’should be recorded on the HPSEBL’s installation test report or the disconnection order under dated initials of the official responsible for keeping the register.

21.1.3.9 The exact particulars of each consumer connected or disconnected should

be entered in columns 2 to 14 and 16 to 19. In case of columns 20 to 37 progressive totals should be shown only under the columns affected and the figures in other columns need not be repeated.

21.1.3.10 Connections will be entered in blue ink and disconnections in red

ink.

21.1.3.11 Each Register should be totaled on the last working day of the month and the connection return prepared from this register.

21.1.3.12 The register shall be initialed by the J.E. daily in token of the correctness

of that day’s entries and signed monthly by the SDO (A.E./A.E.E.).

SECTION II

Metering and Meter Rentals

INSTRUCTION No. 22

Providing of energy meter -Meter Security & monthly Rentals:


22.1 HPSEBL will supply the meter and /or metering equipment to the applicant at the

time of release of a new connection or at any other time as required by the

consumer who will pay the monthly rental for such equipment at rates approved by

the commission and specified in the Schedule of General and Service Charges of the

relevant Tariff Order.

However, if the consumer so elects, to obtain his own meter and/or metering

equipment of the make as specification as per the CEA (Installation and Operation of

Meters) Regulations 2006, and amendments from time to time And the same after

getting tested and sealed at HPSEBL’s M&T Lab, be installed by the concerned field

units. In such cases, the meter rent is not chargeable.

22.1.1 Meters will be installed at the consumer’s premises according to mutual convenience of HPSEBL and the consumer. The consumer will be responsible for the protection of the meter for theft or damage and he shall promptly inform HPSEBL about any fault, accident and defect, theft etc.

22.1.3 HPSEBL may require a meter to be installed outside the premises of a consumer

and in such an event, the entire cost of installing the meter outside the premises and providing a display unit within the premises will be borne by the licensee. However, the cost of display unit will be treated as part of the meter cost while determining meter rentals. In a case where the meter/metering equipment is installed by the licensee outside the premises of a consumer, the meter shall be protected by an appropriate enclosure for protection of at least IP class 55 and the consumer will not be responsible for the protection of the meter from theft or damage.

22.1.4 In the case of multi story buildings/apartments, meter/metering equipment may be

installed near the entrance of the building or at any other mutually agreed convenient common space, provided that the cost of installation from the premises of a consumer to the common space is borne by the owner or an association/society of occupants/ owners. In such a case, the owner or association/society would also be required to ensure protection of the meter/metering equipment from theft or damage

22.2 Meter rentals:

22.2.1 If the meter is supplied by HPSEBL, the consumer will have to pay the monthly meter rentals in accordance with the relevant Schedule of Tariff and General & Service Charges.

22.2.2 The consumer may if he so elects, obtain his own meter and/or

metering equipment of the make(s) or specification, as per the CEA( Installation and Operation of Meters) Regualtions,2006 after getting duly tested and sealed by HPSEBL in its laboratory, will be installed by HPSEBL and no monthly rental will be paid by the consumer in such a case . The meter/metering equipment, after it is permanently removed from the HPSEBL’s system, will be treated as consumer’s asset

22.3 : Defective Meters:-


22.3.1 : Checking by HPSEBL :

The concerned field units will check and test any meter if there is a reasonable doubt about accuracy etc. and metering equipment installed at a consumer’s premises and the consumer will provide HPSEBL filed units all necessary assistance in conducting the test. The consumer will have the right to be present during such testing.

22.3.2 : Meter accuracy challenged by Consumer:-

In case the consumer doubts about the accuracy of the meter installed at his premises, the following procedure may be followed:-

1) The concerned filed units will undertake site testing within seven days

on payment of fee as specified in the Schedule of General Charges as approved by the Commission.

2) If on site testing, the meter is found to be defective then fee deposited will be refunded by adjustment in the electricity bill for the immediately succeeding months. In case the meter is found to be correct then the fee will not be refunded. The defective meter shall be replaced by concerned field unit in case found defective within the timelines as per schedule to HPERC(Distribution Performance Standard) Regualtions,2010 as amended from time to time.

3) In case consumer is not satisfied with the site testing of the meter installed in his premises or meter cannot be tested by concerned field units of HPSEBL at site then the meter will be removed and packed for testing in the laboratory of HPSEBL and duly tested meter will be installed at the premises of the consumer. However, in case of apprehension of tempering, the consumer and HPSEBL field units both can jointly seal the package and shall be broken in his presence in laboratory , if he so desires.

4) The consumer will be informed about the test date at least seven days

in advance. The signature of consumer will be obtained, if present on test result sheet with a copy to the consumer.

22.3.3 In case a meter installed at a consumer's premises gets

burnt/broken/defective or stop functioning, a new tested meter will be installed within time lines specified in the schedule to HPERC (Distribution Performance Standards) 2010 [Provided that in case of failure of supply due

to the burnt, broken, damaged or defective meter, the licensee shall endeavor to restore the supply on the same day by way of installation of new tested meter] If the meter gets burnt, broken or damaged due to the reasons attributed to the consumer, the HPSEB Ltd. will debit the cost of the meter (if provided by HPSEBL) to the consumer who will be informed about his liability to bear the cost.


22.3.4 In case where a meter installed at a consumer’s premises is reported to have been stolen and the FIR to this effect has been lodged by the consumer, supply of electricity will be immediately restored by HPSEBL at consumer’s request by installing another tested meter and the cost of the meter shall be recovered from the consumer through electricity bills for the immediate succeeding months 22.3.5 In case of consumer owned defective/burnt/broken meter, the replacement shall be made by way of a HPSEBL's owned meter till such time the consumer provides a new meter duly tested and the same is installed as per the provisions of the Supply Code -2009. HPSEBL is entitled to charge meter rental for the period in such a case, the HPSEBL's owned meter remains installed at consumer premises.

INSTRUCTION No. 23

Meter Sealing

23.1 Meter Sealing: After the meter has been tested in the M & T laboratory and found to be working within the limits of accuracy, the cover of the meter, which encloses the vital mechanism for the measurement and the recording of the energy consumed, lest it should be tampered with by any unauthorized person, will be sealed by the M & T Organization. The meter cover seals originally affixed by M & T unit should not be tampered with by other employees of HPSEBL. The meter terminal cover and M.C.B. seals will be affixed by the HPSEBL Officials in accordance with the following instructions:-

1 Domestic, NDNCS & Commercial Connections.

Sealing of Meter Terminal cover and Meter portion of M.C.B.

By Junior Engineer/ AAE

2 Sealing of Meters in Respect of HPSEBL’s Employees

Meter Terminal and Meter portion of M.C.B By SDO (A.E./A.E.E)

3 Agriculture/IDWPS/ Small Power and Medium Supply Consumers/ Bulk Supply/Temporary Supply Consumers of connected Load upto 500 kW

By SDO (A.E./A.E.E)

4 HT/EHT Metering, where CT/PT are involved

101- 500 kW By SDO (A.E./A.E.E)

5 Above 500 kW (Also applies to all meters irrespective of the category of connection for which connected Load is more than 500 kW)

Sr. Executive Engineer/ ASE

Note: - 1. All such meters through which power is consumed by the employees of

the HPSEBL have to be sealed by the concerned SDO (AE/AEE) irrespective of the fact whether the connection is in the name of the employee or any other private individual.


2. At the time of release of connections, consumer’s signatures should be obtained for M & T seals besides Meter Terminal seals being intact.

23.2 Resealing of Energy Meters: 23.2.1 Meter Terminal Cover, Meter Cup-Board Seals:

It should be ensured that seals affixed by the HPSEBL on the metering equipment always remain intact. Whenever breakage of seal comes to notice, the same should be replaced by the authority who had originally affixed it without any undue delay. In such cases where it is established that the seals were not broken by the HPSEBL employees but were affixed at the time of providing the connection, the necessary charges for re-sealing as provided in the relevant Schedule of Tariff and General & Service Charges Order should be recovered. Before resealing the meter terminal cover it should be ensured that the terminal connections of the meter including connection of C.Ts & P.Ts are in order. Further, the record of monthly consumption of such a consumer should also be seen to verify if his consumption in the last few months has not been abnormally low.

23.2.2 Meter Cover (M & T) Seals:

In addition to recovering the resealing charges, as provided in the relevant Schedule of Tariff and General & Service Charges, it has further to be ensured that the seal has not been broken by the consumer intentionally with a view to indulge in theft of energy by tampering with the internal mechanism of the meter. In order, therefore, to plug this potential source of leakage of revenue, the following procedure should be adopted whenever any cases of the breakage of M & T or Meter cover seal comes to notice.

23.2.2.1 Meter Inspector/J.E. should immediately be deputed to visit the premises to find

out by actually testing the meter at site (by putting on some load of known wattage and counting the revolutions of the disc for known period to be determined with the help of a stop watch) or with ERS meter whether the meter is working within the permissible limits of error. In such cases where the meter as a result of such testing is found to be running slow, say by more than 10%, the consumer should be asked to give an undertaking in writing before meter is replaced that he will pay the additional charges if the meter is found to be running slow through actual testing by M&T officers. However, in such a case where the meter is found to be inoperative or is suspected to have been tampered-with, the consumer should be asked to deposit the cost of the meter on receipt of the report of Executive Engineer, M & T. As for billing the consumer for the period the meter remained inoperative or inaccurate, the procedure adopted in case of inoperative meter should be followed.

23.2.2.2 After removing the old meter a new meter should be installed after charging

meter changing fee in addition to resealing charges as per Schedule of Tariff and General & Service Charges. The meter on removal should be sent to the M & T laboratory within a maximum period of 15 days & the account of the consumer should be adjusted immediately on the receipt of the test results from M & T Lab. of HPSEBL, whose report shall be got expedited within a month. The provisions of Supply Code shall be applied for such adjustment of Consumer account.


INSTRUCTION No. 24

Recording of meter reading of different categories of consumers Meter reading: 24.1 The meter of a consumer will be read on the specific days in a billing month/period and such days will be publicized in advance by displaying the information on the office notice Board of sub-division office. The meter reading of different categories of consumers is required to be recorded by the following officers/officials:-

S. No

category

Official

Billing Cycle

1 (i) All Domestic consumers (ii) Commercial, NDNCS and Temporary supply consumers having connected load up to 20kW

Meter Reader/MLC Bi-monthly for Rural Area & monthly for Urban Area

2 Commercial & NDNCS consumers having connected load above 20kW, Temporary consumers having connected load greater than 20 kW and upto 50 kW, Small Industrial, Water & irrigation Pumping Supply (WIPS), Street Lighting Supply (SLS) and the employees of the HPSEBL residing in HPSEB Ltd. Colonies

Junior Engineer/ (JE/ AAE)

Monthly irrespective of the Rural/ Urban Area

3 Medium Industrial, Bulk and Grid Supply consumers, Temporary Supply Consumers above 50 kW

Sub-Divisional Officer (AE/ AEE/ Executive Engineer)

Monthly

4 Large Industrial Power Supply consumer

(i) Up to & including 500kW load

(ii) Above 500kW load

(Also applies to all meters irrespective of the category of connection for which connected Load is more than 500 kW)

Sub-Divisional Officer (AE/ AEE / Executive Engineer) Sr. Executive Engineer / ASE

Monthly Monthly


24.2 Billing Cycle

24.2.1 Billing cycle shall be as per the table in 24.1 above. In extreme case, the billing cycle should not be more than bi-monthly in case of the tribal and difficult areas, except for the winter months for which the billing cycle shall not be more than 4 months.

24.2.2 Where billing cycle is of more than one month, the consumer shall have option to pay, monthly or periodic charges, on average or estimated consumption charges basis or any other basis without waiting for bills to be issued. Such amount will be treated as advance and adjusted in the regular bills to be issued subsequently

24.3 Induction training for Meter readers:

Whenever any Meter Readers/Meter Ledger Clerks are appointed afresh, such officials may be imparted training for meter reading for about a week by deputing them along with other experienced officials for meter reading. The training should be imparted immediately after the joining of concerned officials and before they are deputed for taking the meter readings independently.

INSTRUCTION No. 25

Procedure to be followed when a meter is reported to be damaged or burnt:

25.1 In order to avoid consumer’s complaints and to safeguard the interest of the

HPSEBL as well as that of the consumer it is necessary that a thorough and detailed enquiry be made whenever a meter on the consumer’s premises is reported dead stop, damaged or burnt. Before the meter is replaced the site should be inspected by SDO (A.E/A.E.E.)/J.E. in each case. However, ordinary cases of general meters reported dead stop by meter Clerks and Meter inspectors/(J.E.-Installation) may be inspected by the J.E. The SDO (A.E./A.E.E.)/J.E. should carry out investigation and record his report on the following lines to determine as to what extent the damage to meter is due to the default/negligence on the part of consumer or otherwise.

25.1.1 Whether the seal of M.C.B, meter terminal cover/meter cover (and of P.T.

and C.T. fuses, if installed) are intact. 25.1.2 Whether there are any unauthorized extensions. 25.1.3 Any outward and physical signs of damage. 25.1.4 Any leakage of rain water in to the equipment or meter. 25.1.5 Any lightning effect. 25.1.6 Any sign of spark-over at the terminals. 25.1.7 Any other causes.

25.2 The first report of the J.E. (on the proforma) above indicating various conditions and weather report etc., along with the specific comments/ recommendations as to whether the cost of repair/ replacement of the meter should be recovered from the consumer or not, shall be submitted by the concerned J.E. to SDO (A.E./A.E.E.). In case where the SDO (A.E./A.E.E.) is satisfied that the damage to the meter is due to lightening or any other reason beyond the reasonable control of the consumer,


he shall after recording the reasons of the damage in writing order the meter to be replaced. In cases M.C.O immediately after receipt of report and it has to be ensured that replacement should be done as per timelines specified in HPERC(Distribution Performance Standards) Regulations,2010. In such cases the cost of the meter shall not be recovered from the consumer. All such cases shall be got countersigned subsequently by the Senior Executive Engineer concerned, before sending these damage/burnt meters to M & T Laboratory for repair.

25.3 In other cases where the SDO (A.E/A.E.E.) is of the opinion that the damage is due

to the reasons other than lightning or not beyond the reasonable control of the consumer, the damaged/ burnt meter shall be replaced after charging the cost of the meter from the consumer. In cases where it has been established that the replacement is attributable to the consumer, the consumer shall be served the notice for recovery of meter cost immediately after receipt of report. The concerned AE/AEE of Sub-Division should immediately issue the M.C.O after the receipt of payment from consumer, so that the timeframe specified under clause “F” to the schedule of the HPERC (Distribution Performance Standards) Regulations 2010, for replacement of damaged/ stopped/ burnt/defective meter and meter is replaced within the timelines given in the HPERC(Distribution Performance Standards) Regulations,2010 The damaged meter shall then be sent as soon as possible to M & T Laboratory through a separate forwarding memo alongwith the report on the proforma to intimate the details of damage along with the probable reasons of the damage. The concerned M&T Officers/Field Officers shall immediately assess the probable cost of the repair and intimate the same to the consumer with in 24 hours. In case of failure of supply due to the burnt/ damaged meter, it shall be endeavored to restore the supply on the same day by way of installation of new tested meter.

The meter should be replaced by the concerned field units within the timelines mentioned in the Clause F of schedule to HPERC (Distribution Performance Standards) Regulations 2010 as amended from time to time . However, for reference the relevant portion is reproduced below:-

Sr.

No.

Nature of Service Maximum

Timelines for rendering the

service

Minimum

Compensation to individual consumer

for default

F Consumers Defective/Stopped/Burnt Meter/Metering Equipment Replacement (*)-

(I) LT Consumers

a)

Urban Areas

(1) Replacement not attributable to

consumer’s fault

56 working hrs from

the date of registration of the

complaint

Rs.100/- for each day of

default beyond maximum specified time

limit

(2) Replacement attributable to consumer’s fault such as

tampering, defect in consumer’s

installation, meter getting wet, connecting unauthorized

additional load etc. and the cost of the meter is recoverable from

the consumer and meter is to be supplied by the licensee –

Rs.100/- for each day of default beyond

maximum specified time

limit

(i) Serving a notice to the 56 working hrs from


consumer for recovery

of cost of the meter

the date of

registration of complaint.

(ii) Replacement of meter

56 working hrs after

receiving the payment from the consumer

(iii) Replacement of meter if

consumer is providing

the meter.

56 working hrs from

the receipt of the

meter from the consumer and after

the corrective action, if any, is taken by the

consumer.

(b) Rural and remote Areas


consumer’s fault

120 working hrs from

the date of

registration of the complaint


default beyond

maximum specified time limit

(2) Replacement attributable to

consumer’s fault such as tampering, defect in consumer’s

installation, meter getting wet, connecting unauthorized

additional load etc. and the cost of the meter is recoverable from

the consumer and meter is to be

supplied by the licensee –

(i) Serving a notice to the

consumer for recovery


56 working hrs from

the date of

registration of complaint.


default beyond

maximum specified time limit.


120 working hrs after receiving the payment

from the consumer

and after necessary corrective action, if

any, is taken by the consumer.

(iii) Replacement of meter if

consumer is providing the meter.

120 working hrs from

the receipt of the meter from the

consumer and after

the necessary corrective action, if

any, is taken by the consumer.

(II) HT Consumers(for Urban, Rural and Remote Areas)

Replacement not attributable to consumer’s fault

Seven days after receipt of complaint,

provided the meter is

available with HPSEBL, otherwise within one

month.

Rs.400/- for each day of default beyond

maximum specified time

limit

Replacement attributable to

consumer’s fault such as

tampering, defect in consumer’s installation, meter


default beyond

maximum specified time limit.


getting wet, connecting

unauthorized additional load etc. and the cost of the meter

is recoverable from the

consumer and meter is to be supplied by the licensee –

(i) Serving a notice to the consumer for recovery


7 days from the date of receipt of complaint/

information.


7 days after receiving the payment from the

consumer provided the

meter is available with HPSEBL, otherwise

within one month.

(iii) Replacement of meter

if consumer is

providing the meter.

7 days from

registration of

complaint.

The field units must endeavor to replace the meters much earlier than the above timelines in particular in case of failure of supply. 25.4 On receipt of the requisite report from M & T Laboratory SDO (A.E./A.E.E.) shall,

keeping in view the report of SDO (A.E./A.E.E.)/ Xen, M & T, recommend to the Xen (Op.), of as to whether any part of the cost of the meter earlier recovered from the consumer should be refunded to the consumer. Executive Engineer shall then pass the necessary orders as to what portion of the cost of the meter should be refunded/ adjusted and the amount got deposited from the consumer shall then be adjusted in accordance with the orders passed by the Executive Engineer. Where the person is a consumer, the refund will be allowed through adjustment in the electricity bills of the immediately succeeding months.

INSTRUCTION No. 26

Difference or dispute over the Accuracy of energy meter and Overhauling of Consumer accounts: In case the meter at consumers premises is found to be beyond the accuracy the following procedure may be adopted:- 26.1 If a meter on testing is found to be beyond the limits of accuracy as specified in the regulations framed by the authority under section 55 of the Act, the electricity charges for all categories of consumers will be computed in accordance with the said test results for a period of six months immediately preceding-

a) the date of test in case the meter has been tested at site to the satisfaction of the consumer; or

b) the date on which the defective meter is removed for testing in the

laboratory of HPSEBL, where such testing is undertaken at the instance of HPSEBL; or


c) the date of receipt of request from the consumer for testing of a meter in the laboratory of HPSEBL.

Any evidence provided by the consumer about conditions of working and/or

occupancy of the concerned premises during the said period(s) which might have a bearing on electricity consumption, will, however be taken in to consideration.

26.2 The accounts of a consumer will be overhauled for the period a burnt/defective meter remained at site, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in Clause No. 4.4.8(ii) of HP Electricity Supply Code and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.

26.3 If a consumer is liable to pay an additional amount or is entitled for a refund in consequence of an overhaul of his account in accordance with 26.1 and 26.2, HPSEBL will effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months. 26.4 CT/PT meters:

26.4.1 In case of CT/PT meters where the accuracy of the meter is not involved and it is a case of incorrect connections, defective CTs/PTs, genuine calculations & mistakes etc., charges would be adjusted in favour of the HPSEBL/ consumer as the case may be for the period the mistake/ defect continued.

26.4.2 In case of replacement of either CT/PT or Meter due to any reason, the

corresponding multiplication factor has not been changed and bills are issued on wrong multiplication factor, the revised bills will be issued for correct multiplication factor for the period from replacement of either meter or CT/PT to the date mistake has been noticed correct bill will be issued thereafter.

INSTRUCTION No. 27

Testing charges if the meter is got tested from HPSEBL Laboratories:

27.1 The HPSEB Ltd. is required to maintain adequate number of accredited testing laboratories as per the standards prescribed by the national Accreditation Board for testing & Calibration laboratories (NABL) and all such laboratories will at least be equipped with testing equipments as provided in the regulations framed by the authority under section 55 of the Act.

27.2 Charges as prescribed in the Schedule of General & Service Charges shall be

recovered from the consumer. In the event where consumers purchase the meter from the market it should be tested by M&T lab & should have specification, as per the CEA (Installation and Operation of Meters) Regualtions,2006 and its amendments. HPSEBL should publish the features of the meters for various types of consumers on its website for the information of consumers.


INSTRUCTION No. 28

Compliance of Meter Change Orders: 28.1 The Junior Engineer should immediately return the meter change order after

compliance to the Sub-Divisional Office within time frame as specified under clause “F” of the schedule to HPERC (Distribution Performance Standards) Regulations 2010. In case the change of meter is not possible within the time stipulated period due to non-availability of meter or any other reasons, the Junior Engineers should return the M.C.O. to the Sub-Divisional Office concerned on the expiry of time frame period as above, who would then record reasons for non-compliance of the M.C.O under his signatures. The SDO (A.E./A.E.E.) should also send a report of such un-complied M.C.Os’ to the Executive Engineer concerned after every month who would take suitable steps for making the Meters available to the SDO (A.E./A.E.E.) / consumer at the earliest.

For ready reference, the time frame as specified under clause “F” of the schedule to HPERC (Distribution Performance Standards) Regulations 2010, for replacement of defective/stopped/burnt/damaged meters is reproduced in Instruction No. 25 above which may be referred. : The concerned AE/AEE should issue MCO expeditiously so that the timelines are complied.

28.2 A monthly review of the number of MCO carried out and pending MCOs shall be

done by the Executive Engineers who should send a quarterly reports about the number of cases where the change of defective/dead stop meters is delayed due to non-availability of meters, to the Superintending Engineer and concerned Chief Engineer .

INSTRUCTION No. 29

Replacement of defective and dead stop meters at consumer’s Premises --- Utilization procedure for new meters, old T&P static meters and repaired T&P static meters: 29.1 In order to facilitate optimum utilization of meters, following procedure for the

replacement of defective/dead stop meters at consumer’s premises vis-à-vis utilization of new meters, old T&P static meters and repaired T&P static meters for granting new connections, reconnections etc. will be adopted:

29.2 Defective and dead stop energy meters at consumer premises shall be replaced as

per the following arrangement:- 29.2.1 The dead stop/ defective meters must be replaced with static

meters only either by Utilizing the available old T&P static meters and repaired T&P static meters .

29.3 New connections / reconnections shall be given by utilizing the available old T&P static meters and repaired static T&P meters in all areas including respective scheme areas even if such meters were originally charged to schemes other than respective scheme.


SECTION---III

Preparation and Delivery of Bills

INSTRUCTION No. 30

30.1 Electricity Bills:

30.1.1 The bills shall be issued to the consumers for electricity supplied or for

services rendered for every billing cycle and all the consumers will effect payments to the HPSEBL within the time specified in the supply code at designated offices of HPSEBL.

30.1.2 When supply of electricity to a new consumer is commenced in the middle

of a billing cycle, the fixed charges, minimum charges and/or any other similar charges will be levied pro-rata for the number of days for which supply is given during the billing cycle.

30.1.3 The consumers will pay on a pro-rata basis in case any tariff/other charges

are made applicable in the middle of a billing cycle.

30.1.4 In the event of supply of electricity to any category of consumers being fully or partially subsidized by the State Government, the State Government in the manner specified by the Commission will effect payment of electricity subsidy charges for such consumers to the HPSEBL.

30.1.5 (a) A consumer bill will disclose the periodicity of billing, date when

the meter was read, the date of issue of bill, the due date for payment and the additional amount payable in case payment is delayed.

(b) The bill for arrears, in case of underassessment or the charges levied as a result of checking etc., will be initially tendered separately, indicating in bill the nature, period of arrears, the number and amount of installments allowed and the arrear will not be clubbed with the current electricity bill. Subsequently the amount of said arrear bill shall be reflected in the next billing cycle till not paid. For purpose(s) of action(s) of HPSEBL on non-payment of billed amount, the arrear amount shall be accounted as per of final bill due of any billing cycle. However in case any amount of the bill is disputed by the consumer, such disputed amount as well as the late payment surcharge thereon shall also be reflected, and continue to be reflected, separately in the ledgers, till such time such amount remains unpaid/unsettled, so that total updated quantum of such disputed amount is readily available. Such details shall be made available to the consumer on request.

30.1.6 The meter of a consumer will be read on the specified days in a

billing month/period and such days will be publicised in advance. However, where meter is installed outside the consumer’s premises


and a display unit installed inside the premises, the readings of the consumer meter and not the display unit will be taken into account for billing purposes.

30.1.7 A meter reading card will be provided by the field units to each consumer which will be readily available at the premises where a meter is installed and the meter reader will, except in case of remote reading, enter the meter reading and the date thereof in the said meter reading card. Any officer/ functionary authorized by a licensee who cross-checks meter readings or replaces a meter and/or its seals will also record the changes in the reading, meter and/or its seals, as the case may be, in the meter reading card.

30.1.8 The electricity and/or arrear bills (hereinafter referred as bills unless otherwise specifically stated) will be sent to the consumers, other than the HT/EHT category, either by post or by hand delivery and in case of HT/EHT consumers, either under certificate of posting or by hand delivery. The fact of dispatch of bills to consumers of a particular area will be displayed on the notice board at the designated office of the licensee. The loss of the bill in transit if sent by post will not be the responsibility of the licensee. In case of hand delivery, record of delivery of the bill will be maintained at the designated office of the licensee.

30.1.9 Each Sub-Division offices will maintain facilities to provide duplicate bills, at

charges as fixed by the Commission from time to time in the Tariff Order, immediately on request from a consumer. Non-receipt of the bill, however, will not entitle a consumer to delay payment beyond the due date.

30.1.10 The concerned Sub-Division will issue the first bill for a new connection,

released during a billing cycle, before the end of the next billing cycle. In case a consumer does not receive the first bill by the end of the next billing cycle, he will inform the concerned Sub-Division Office of HPSEB Ltd. who will arrange for issue of the bill within ten days.

30.1.11 It will be the responsibility of the owner of a premises to get a special

reading done by the HPSEBL filed Officers at the time of change of occupancy or on the premises falling vacant. The owner or occupier may request the licensee in writing for a special reading at least 15 days in advance of such a change. The concerned field units will arrange a special reading and deliver the final bill, including all arrears till the date of billing, within 7 days of the meter reading. The final bill will also include payment for the period between the date of special reading and the proposed vacation of the premises on a pro-rata basis on consumption pattern of the current billing cycle.

30.1.12 If a consumer vacates any premises to which electricity has been supplied by a licensee without paying all charges due from him in respect of such supply, or for the provision of an electricity meter, electric line or electrical plant, the licensee may refuse to give him supply at any other premises until he pays the amount due.


INSTRUCTION NO. 31

Issue, presentation and due date of the bill: 31.2 The schedule of billing fixed by the competent authority in line with in line

with the provisions of H.P. Electricity Supply Code – 2009, shall be followed meticulously by the concerned field units so as to deliver the bills in time and to allow the consumers the required time period to pay the bill.

The example with specific reference to Industrial Consumers is as under:-

31.2.1 Date of reading 25th to 30th/31st of the month (reading month) as per billing cycle.

31.2.2 Preparation & Delivery of bills 1st to 6th of billing month ( next to reading month) However, in case of large industrial power supply consumers, the bills shall also be delivered through e-mail and SMS within a period of 2days after bill generation. However, efforts should be made to follow this practice in respect of other category of consumers also.

31.2.3 Payments of bills by the consumer

Within a period of 10 days from the date of delivery of bills (i.e. by 17th of month) in case of Large, Medium and small Industrial Supply consumers and within a period of 15 days from the date of delivery of bills (i.e. by 22nd of month) in case of all other categories [refer clause No. 5.3 (i) of the Supply Code]

31.2.4 Notice for default in payment Immediately after due date of payment of bill

Example: 1. Date of reading 2. Date of delivery of bill 3. Payment of bill w.e.f.

up to 4. Notice for default in

payment

25.11.2016 to 30.11.2016 1.12.2016 to 06.12.2016 11.12.16 to 17.12.2016 for industrial consumers and 22.12.2016 for rest Immediately after due date of payment of bill

Note: - In case there is holiday on the above dates, the schedule will shift to next

working day accordingly. This schedule will be displayed on the notice board in the respective office.

31.3 Date of presentation:

Date of presentation shall mean the second day after the date of any bill rendered by HPSEBL. The bill will be delivered to the consumer immediately in case of spot


billing and in other cases with in a period not exceeding twelve days from the date of meter reading. Note: In case of Large Industrial Power Supply Consumers, the bill shall also be delivered to the respective consumers through e-mail and SMS within a period not exceeding 2 days from generation of bills.

31.4 Due date of payment of Bills.

The payment of the bills by different categories of consumers will be effected with in a period of :- i) Ten days (10) from the date of delivery of bills in case of large Supply,

Medium Supply and Small Industrial consumers; and ii) Fifteen days (15) from the date of delivery of bills in case of all other

categories of consumers. The consumer(s) covered under Large Industrial Power Supply category and other consumers covered under computerized billing shall be issued reminder through SMS one day prior to due date.

INSTRUCTION No. 32

Procedure to be followed when issue of bill is delayed:

32.1 In order to ensure that all the consumers are afforded the full period of grace, the

bill clerk should see while preparing the bill that the date given to that bill should be the date on which it is intended to be issued so that it should be presented to the consumer on the correct date.

32.2 The date of every consumer’s bill in the same group should normally be the same

every month during the period he remains connected to the HPSEBL’s supply system so that he knows his due date without reference to each month’s bill. The bill should be rendered regularly and punctually to each consumer on the same date as far as possible. Normally no change should be made in the meter reading or billing program.

32.3 Should for unavoidable reasons a bill is issued on a date later than that actually

given on it, the date of the bill and the due date must be corrected as illustrated below before issuing it and the consumer asks for such a correction or makes the payment on a date which falls within the corrected due date, the request of the consumer should be acceded if his complaint about late delivery of the bill is corroborated by the peon book or the stamp register or received in local complaint office/ call center. The correction in the date of the bill should be made under dated initials of the Cashier which should be countersigned on the receipt voucher by the SDO (A.E/A.E.E.) Concerned.

Example--Date of bill (Say): 10.9.16 (date actually appearing on the bill)

Due date printed on bill: 26.9.16 Actual date of the delivery of bill: 12.9.16

Correct due date which should have been quoted in the bill: 28.9.16


32.4 If the due date indicated in the bill for payment is Sunday or a public holiday as

declared by the State Government or the HPSEB Ltd’s office is closed for any other reason, the next working day will be treated as the due date.

INSTRUCTION No. 33

Delivery of Bills to Consumer: 33.1 The electricity and/or arrear bills (hereinafter referred as bills unless otherwise

specifically stated) will be sent to the consumers, other than the HT/EHT category, either by post or by hand delivery and in case of HT/EHT consumers, in addition to the hand delivery of bills, the bills shall also be delivered through e-mail and SMS. The fact of dispatch of bills to consumers of a particular area will be displayed on the notice board at the designated office of HPSEBL. The loss of the bill in transit if sent by post will not be the responsibility of HPSEBL. In case of hand delivery, record of delivery of the bill will be maintained at the designated office of HPSEBL.

33.2 It may sometimes happen that the peon/bill distributor is unable to deliver the

HPSEBL’s bill [Form CA-43 (a)] to a consumer for any of the following reasons:--

33.2.1 Premises are found locked and nobody is present to take the delivery of the bill.

33.2.2 Consumer is not present and none of his representatives is ready to take

delivery of the bill.

33.2.3 Consumer is present but refuses to take delivery of the bill. 33.3 The following procedure may be adopted in case any of the above consequences

arise:-

As soon as it is reported by the Bill distributor that he has been unable to deliver the bill to a certain consumer, a notice “Bill for the month of ………….for Rs……………”should be prepared and sent through registered post in case of situations mentioned at Sl. No. 33.2.

33.4 If the letter is received back undelivered, efforts should be made to find out the

where-about of the consumer through some of the officials or from the neighbourer so that the Registered A.D. letter should be re-directed at the new address. The expenditure incurred in sending such notice should be debited to office contingency.

INSTRUCTION No. 34

Bills of consumers whose premises are found locked at the time of meter reading:

34.1 As soon as it is reported by the Meter Reader that the premises of a certain

consumer is found locked and the meter reading for rendering the bill to the consumer could not be taken, a notice in form CS—26 “Access to consumer premises” should be prepared and sent to the consumer through HPSEBL’s official


who shall obtain the initials of the consumer in Peon Book/office copy in token of his having received the notice. In the notice, it should be pointed out that for the period the premises remains locked, the consumer, in accordance with the provisions of schedule of tariff and schedule of general and service charges will be charged meter rental and consumer service charge etc. whether or not any energy is consumed during that period.

34.2 If however, the authorized official is unable to locate the consumer, the notice

should be sent through registered post. If the Registered letter is also received back undelivered, efforts should be made to discover (say from his neighbourer) the whereabouts of the consumer and Registered Acknowledgement Due letter sent at his new address. The expenditure incurred in sending such notices should be debited to the office contingency and not to consumer in question.

34.3 After the expiry of the notice period if no reply is received from the consumer some

official, say Junior Engineer or Meter Reader, may be deputed to visit the premises and verify the facts on the spot. If all the efforts to get access to the meter fail, the premises should be disconnected from the nearest “tee” or “pole”, ensuring that other consumers from service main are not affected.

INSTRUCTION No. 35

Payment of Bills and Disputed Electricity Bills: 35.1 Payment of Bills:35.1.1 The consumer is required to pay the electricity bills within

the time period as per clause No. 5.3.1 of Supply Code as also mentioned above at Sl. No. 31.4.

35.1.2 The consumer can pay the bills at collection centers of HPSEBL, Lokmitra

Kendra, Sugam Centre, Post Office, online by net banking / debit/credit cards/RTGS/NEFT/Authorised Payment Gateway, by local cheque, banker’s cheque, demand draft, bank transfer etc. as per his convenience.

35.1.3 The concerned Sub-Division should not accept cash payment if the total

amount payable exceeds Rs.10000/-. 35.1.4 In case the cheque tendered by a consumer is not honoured by the bank, action may be initiated by HPSEBL treating it as a case of non-payment without prejudice to other rights of HPSEBL as per other laws in force. The licensee may not accept further payment through cheques from such a consumer for a period of one year from the billing month for which the cheque tendered by the consumer was not honoured and the consumer may be required to pay the bill in cash or by demand draft only.

35.1.5 In case the consumer does not pay the bill by due date, late payment

surcharge shall be payable at the rates as per relevant Schedule of Tariff and General and Service charges and the unpaid amount will be treated as a part of next bill and shall be separately shown as outstanding arrear in relevant column of bill without prejudice to right of HPSEBL to disconnect the supply to the consumer


for nonpayment within 15 days. The action for disconnection of supply will be taken as per provisions of Supply Code and Act.

35.1.6 The total amount of current energy bill shall be accepted in order to improve the collection efficiency and AT&C losses of the utility. However, in case energy bill for a particular month is much more than the average monthly bill, may be due to any reason, the part payment allowed under HP Electricity supply code, clause no. 5.3.08 shall be regulated as under:-

1) The part payment is allowed only in case the current bill is more than 50% of the average monthly bill proceeding 12 months from the month of current energy bill.

2) In order to avoid accumulation of outstanding amount due to the part payment and its impact on AT&C losses and chances of outstanding amount becoming bad debit, the part payment in respect of a consumer is allowed only twice in a financial year with minimum gap of six months between each part payment.

3) The part payment is to be made in two installments. The first

installment shall be equivalent to the monthly average of 12 months preceding the current month and balance shall be paid with surcharge in next monthly bill. In case consumer does not pay the same in next month, the action for disconnection should be implemented as per standard practice.

4) In case the security of the consumer with HPSEBL is less than

the average twelve months bills, the security should be revised to average monthly bills calculated above before accepting the part payment for the current month.

5) This shall not be applicable for the consumer when the current

monthly bill has increased due to load extension or reconnection of supply after TDCO or PDCO or tariff revision etc.

6) The part payment shall be deemed to be without prejudice to

HPSEBL’s right to disconnect the supply to the consumer for nonpayment, unless HPSEBL specifically undertakes not to initiate any action to disconnect the supply for non-payment of such outstanding amount for certain period.

7) The competent authority to allow the part payment under this

mechanism is the authority who having competency to sanction the load of the consumer.

35.1.7 Hours of receiving Cash:

Hours of receiving cash from the consumers in respect of payment of Bills etc. in respect of all HPSEBL Collection Centers are fixed as under:- Monday to Friday 10.00AM to 02.00PM


On Saturday 10.00AM to 2.00 PM on all Saturdays except second and fourth Saturday. These timings shall be applicable for all the Operation Sub-Divisions in Urban as well as Rural areas.

Note:- Local cheque for the purpose of payment of electricity bill may be considered as

cheque from any bank situated at the station of sub-division office, at par cheque from the bank with branch of that bank at the station where sub-division is located.

35.2 Disputed Electricity Bills:

35.2.1 A consumer will effect full payment of the billed amount even if it is disputed one, failing which HPSEBL may initiate action treating it as a case of non-payment:

Provided that no action will be initiated if such a consumer deposits, under protest - (a) an amount equal to the sum claimed from him, or (b) the electricity charges 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 HPSEBL.

35.2.2.1 HPSEBL, after the receipt of a complaint from a consumer in its designated office, decide the billing dispute within twenty four hours if no additional information is required and within ten days, if additional information is required.

35.2.3 If on examination of a complaint, HPSEBL finds a bill to be erroneous, a

revised bill will be issued to the consumer indicating a revised due date of payment, which will not be earlier than ten days from the date of delivery of the revised bill to the consumer. If the amount paid by the consumer under para 35.2.1 is in excess of the revised bill, such excess amount will be refunded through adjustment first against any outstanding amount due to HPSEBL and then against the amount becoming due to HPSEBL immediately thereafter. HPSEBL will pay to such consumer interest on the excess amount at rate as per clause No. 5.7.3 of Supply Code,2009 from the date of payment till such time the excess amount is adjusted.

35.2.4 If HPSEBL finds the bill to be correct, the consumer will be intimated accordingly and will be required to pay the balance amount, if any, alongwith additional charges for delayed payment from the due date, initially stipulated in the bill.

35.2.5 In case the consumer is not satisfied with the decision of HPSEBL, he may after

effecting payment in terms of para 35.2.1 seek redressal in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission ( Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2013


SECTION –IV

Recovery of Unpaid dues from Defaulting Consumers

INSTRUCTION No. 36

Disconnection and Reconnection of Power Supply:

36.1 Disconnection of supply for default in payment or due to other reasons .– 36.1.1 HPSEBL may order disconnection of supply in following cases-

a) In case of default in payment of dues and charges: (paras 36.1.2 and 36.1.3 of this manual below);

(b) in case of default in payment of assessed amount{paras 6.1.11.1 and 8.1.2(iv) of HP Electricity Supply Code} ;

(c) in case of the unauthorized reconnection of supply disconnected{ paras 36.1.5 and 36.1.8(ii) of this manual below };

(d) in case of contributing harmonics in excess of specified standards (para 2.1.9 of HP Electricity Supply Code);

(e) on the request of the consumer under { paras 36.1.6, 36.1.7 and 36.1.8(iii) ( c ) of this Manual below

(f) upon detection of theft of electricity under sub-section (1- A) of section-135 of the Act; { paras 6.2.1(h) of HP Electricity Supply code and 36.1.10 of this manual below};

(g) to prevent loss of human or animal life or injury to a human being or any animal or damage to property;

(h) to comply with statutory/lawful orders, directions issued by the competent authority in exercise of its powers vested under any law passed by a competent legislature with prior intimation to the consumer.

36.1.2 Where a consumer fails to deposit, the billed amount or any sum other than the

charge for electricity due from him, with HPSEBL by the due date mentioned in the bill, the licensee may, after giving not less than fifteen days clear notice in writing to such consumer and without prejudice to his other rights to recover such amount, disconnect supply to the consumer temporarily and for that purpose disconnect any electric supply line or other works being the property of such a licensee. The Officer In-Charge of Sub-Division/Sub-Office shall ensure that all the cases pertaining to default of payment(s) / temporary disconnections are monitored regularly and where default in payment(s) is continued for a period of six months, from the date of the payment first became due, the supply may be disconnected permanently:

Provided that the supply of electricity shall not be disconnected :-

(i) if a consumer makes payment under protest as per paras 5.2.14, 5.6.2 and 5.7 of HP Supply Code; (ii) if any sum is not recoverable as per para 5.7 of HP Electricity Supply code. Provided further that, save in the case of theft of electricity or prevention of loss or damage to life and property, the supply of electricity to a consumer


will not be disconnected on holiday and on a day when the next day is a holiday in the offices of the licensee.

36.1.3 In case of continued default in payment of any amount, payable to HPSEBL by

any consumer for a period of more than six months, HPSEBL may terminate the agreement executed with the consumer in accordance with the ‘Conditions of Supply’ and remove the electric line or works connected with the supply of electricity to the consumer.

36.1.4 In case HPSEBL discovers that the supply to the premises disconnected under

para 36.1.1, has been unauthorizedly restored through a live connection of other premises, notice to the consumer of such live connection be given to stop such unauthorized supply to the disconnected premises immediately, failing which pending dues of the disconnected connection shall be transferred to his account and non-payment of such transfer of dues may be dealt with as provided under para 36.1.2 apart from other action(s) as per the provision(s) of the Act.

36.1.5 HPSEBL may take steps to prevent unauthorized re-connection of such connection

disconnected under para 36.1.1, wherever it discovers that connection has been reconnected and attracts provisions of Section 138 of the Act then the licensee may initiate action as per the provisions of the Act.

36.1.6 In case the consumer desires his connection to be disconnected permanently, he

shall apply for the same. The concerned officers who is authorized to take reading of the meter of consumer as per Instruction No 24.1 shall carry out special reading. The office/officer responsible for raising the bill shall then prepare final bill, including all arrears up to the date of such billing within five days from such request.

36.1.7 In case the consumer desires that his connection be disconnected temporarily for

a period up to six months then he shall apply for the same on the format prescribed and shall be liable to pay in advance all charges that are fixed in nature like demand charge, meter rent etc. as per the relevant schedule. The consumer shall also be liable to pay 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.

36.1.8 The supply may be disconnected temporarily or on permanent basis as per

procedure given hereunder:-

(i) The service line, meter etc. may not be removed in case of temporary disconnection. HPSEBL shall remove service line, meter etc. after permanent disconnection; (ii) The concerned officer In-charge of sub-division may remove service line/cable after approval of load sanctioning authority if he has sufficient reason(s) to believe that the consumer, in case of temporary disconnection, shall resort to unauthorized use of electricity. However, meter shall not be removed in such cases. (iii) The demand charges during the period temporary disconnection for any of the reasons, shall be levied as per schedule of tariff on 10% of the sanctioned contract demand in addition to the fixed charges such as meter rent etc.


iv) The consumer is also having an option to permanently surrender a part of the contract demand during the temporary disconnection period, in such an event the demand charges shall be levied for 10% of the balance contract demand. (v) The supply shall be disconnected permanently in following cases: -

(a) with the termination of the agreement; (b) if the removal of the cause for which the supply was

disconnected temporarily is not within the period allowed for the removal of such cause or if the proof of removal of the cause for disconnection is not produced to the satisfaction of the HPSEBL’s employee deputed for the purpose;

(c) on request of the consumer as per para 36.1.6.

36.1.9 For all cases of temporary and permanent disconnection(s)- (a) if dues are not paid by the consumer, the delayed payment

surcharge, as per relevant schedule of tariff shall be levied up to the date of permanent disconnection, and

(b) the security deposit’s amount shall be adjusted in the final bill.

36.1.10 Not withstanding anything contained to the contrary herein, the disconnections on account of theft of electricity, shall be dealt with in accordance with the para 6.2 of HP Electricity Supply Code.

36.2 Restoration of supply of electricity. – 36.2.1 i) As a commercial organization, HPSEBL can ill afford to allow accumulation of

dues from the consumers. It is, therefore, imperative that every effort is made by the field offices to see that the consumers make the payment of their energy bills as soon as these become due for payment. Necessary steps should be taken by the staff concerned so that dues do not accumulate and the arrear do not become bad debts.

ii) The in charge of Sub-Division may disconnect the supply to all the consumers

irrespective of quantum of load and supply voltage except the essential services like LWSS, Hospital and Street Light etc. being responsible for billing and collection. In case the payment is not received against the essential services, the concerned AE/AEE of ESD shall refer the case along with details of such consumers with outstanding arrears to concerned CE(Op) for obtaining the decision of competent authority of HPSEBL. The authority competent in such cases is Director(Op), Director(Tech.) and MD.

36.2.2 HPSEBL shall resume supply of electricity within twenty-four hours from the time

the consumer- (a) makes good the default and /or pays outstanding payment, (b) pays the prescribed amount as per the relevant Schedule of Tariff, for reconnecting the supply of electricity, (c) pays the consumer service charges/ fixed charges for the period of disconnection and the additional charges for the delayed payment:

In case the consumer is permanently disconnected and agreement is terminated with or without adjustment of security deposited with HPSEBL, the consumer service charges and fixed charges such as demand charges etc. shall be levied for the period of temporary disconnection of supply. However, in case of permanent


disconnection, the amount still remains outstanding after adjustment of security, the surcharge for delayed payment shall be levied up to the date of application for restoration of supply after permanent disconnection.

Provided that in case of permanent disconnection, if the electric line or plant supplying electricity to the consumer is/are removed by HPSEBL then HPSEBL will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection and the consumer will deposit charges as if a new connection is being released:

Provided, further that in case of temporary disconnection, if the electric line or plant supplying electricity to the consumer is/are removed by HPSEBL then HPSEBL will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection.

36.2.3 Supply to the consumer will be immediately reconnected, if HPSEBL reasonably

believes that the circumstances leading to the disconnection were actually an omission on the part of HPSEBL. In such an event, no charges on any account will be recoverable from the consumer.

36.2.4 Restoration of supply after temporary disconnection:- Reconnection order in form CS-12 will be issued to carry out the job of

reconnection of service line. Normally the supply would be restored on the same terms and conditions as existed before temporary disconnection.

36.2.5 Restoration of supply after permanent Disconnection:-

The consumer may request for restoration of supply after permanent disconnection. The necessary formalities at the time of reconnection may be done as required for release of new connection. The procedure to be followed and recovery of expenditure shall be as follows:-

36.2.5.1 The original consumer or some other person applies for a

connection at such premises which has been permanently disconnection.

1) In case the service line has not been removed or used for

release of connection to other consumers and is having sufficient spare capacity after commitments of loads and redundancy of 30%.

2) There is spare capacity in the feeding system for release of the load.

3) The consumer apply up to same connected load and contract demand which was previously disconnected.

In case all the conditions are fulfilled, the connection shall be released without issuance of PAC. However, the A&A form, test report etc. shall be submitted by the consumer and signed by the competent authority and completion of codal formalities as of a new connection is to be done. The load shall be got sanctioned from the


competent authority before restoration of supply. However, the electrical installations and apparatus of voltage exceeding 650 Volts will be required to be inspected by Electrical Inspector as per Regulation 43 of CEA(Measures relating to safety and Electric Supply)Regualtions,2010 and its amendments In case above conditions are not fulfilled, all the codal formalities for issuance of PAC, Sanction of load shall be done for restoration of supply as is done for a new connection.

36.2.5.2 Charges to be levied at the time of restoration of

supply after permanent disconnection.

Following charges shall be recovered :- 1) Security deposit as per HPERC(Security Deposit) Regualtions,2005 and

its amendments. 2) Cost of service line, in case service line as per regulation 4 and 10 of

HPERC(Recovery of Expenditure for supply of Electricity) Regulations, 419/2012 as amended from time to time, in case it has been removed or there is no spare capacity in the existing service line after commitment of load and redundancy of 30%.

3) Recovery of expenditure for supply of electricity as per Regulation 5 & 10 of HPERC(Recovery of Expenditure for supply of Electricity)Regulations, 419/2012 as amended from time to time.

4) Recovery of all outstanding amount of previous connections wherever applicable.

36.2.6 Necessary remarks may be added on the connection order stating that the service line exists which is being reconnected. The old Account No. and the previous consumer’s name should also be mentioned. The recovery of expenditure for restoration of supply shall be as per HPERC(Recovery of Expenditure for supply of Electricity)Regulations, 419/2012 as amended from time to time.

36.2.7 In such a case where the supply is restored to the premises after a period of six

months a fresh test report shall also be obtained from the consumer, before connecting the premises to HPSEBL’s supply system.

INSTRUCTION No. 37

Disconnection when Consumer’s Premises are found Locked, order of statutory authority & on account of damage to equipments

37.1 If the consumer’s premises are found locked by the Meter Reader or the Bill

Distributor and no response is received even after serving ‘Access to consumer’s premises’ notice, some official say J.E. or Meter Inspector may be deputed to visit the premises of the consumer to verify the facts on spot. On their report, if there are no early prospects of the meter being read or HPSEBL’s dues being paid, the concerned Officer In-Charge of Sub-Division/Sub-Office shall issue disconnection order of the premises from the tee or pole and accordingly supply may be disconnected.


37.2 In case instructions for disconnection of supply is received from any statutory authority in exercise of the power vested under law passed by a competent legislator and such instructions are received either directly in the Sub-Division or received through other senior offices, the In-charge of Sub-Division/Sub-Office shall comply with such instructions immediately by issuance of Temporary Disconnection Order. The supply shall be disconnected immediately with prior intimation to the consumer. The prior intimation is the notice issued by the respective statutory authority.

37.3 Discontinuance on account of immediate danger/damage to the equipment In case the breach of condition of supply (or of any restrictions imposed there under) is of a nature which is likely to cause an immediate danger/damage to the equipment installed by HPSEBL or otherwise , the concerned officer in-charge or any technical official of the sub-division shall have the right to disconnect the premises of the consumer immediately without any prior notice. The connection to the premises so disconnected shall not be reconnected until the defects pointed out by the HPSEBL are set right. However, in all such cases, after the supply has been disconnected, the consumer should be informed as early as possible about the reasons leading to disconnection and the remedial measure required to be taken by him before supply is restored.

INSTRUCTION No. 38

Recovery of Arrears from Defaulting Consumers - Procedure for monitoring & recovery of the defaulting amount 38.1 Steps required to be taken by the field units so that the incidence of dispute and

default in making payments is minimized. 1) The bills should be issued strictly as per billing cycle so that the consumer can

easily pay the bill as a normal routine.

2) The bills should be issued after proper scrutiny for the category of tariff, supply voltage, multiplying factor and other parameters so as to avoid wrong application of tariff resulting in arrears which the mistake has been noticed.

3) When there is change of supply voltage for a consumer or change of meter, the

multiplying factor should be properly recorded in the MCO/SJO and updated in the billing software/relevant record so that bills are not issued on previous Multiplying factor.

4) The Sr.E.E./SE/CE on whose jurisdiction the consumer falls should exercise

random check while conducting tours to the area. The part payment of energy bill shall be regulated as detailed above in Instruction No. 35. However, in case the payment is made through RTGS and other mode before and after the due date the same may be adjusted as under. In case of under payment of bills by consumer, amount shall be adjusted as per priority stated as below: a) Arrears as on thirty first of March of the previous financial year,


b) Arrears accrued from first of April of the current financial year till the date of the bill,

c) Electricity charges for the current billing cycle and d) Any other charges or levies.

It should be noted that according to the provisions of Act, no sum due from consumer shall be recoverable from any consumer, after the period of two years from the date when such sum first became due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied. It should therefore be ensured that a complete and thorough watch should be observed for monitoring and recovery of defaulting arrears and such arrears should be reflected in the bills. For the sake of clarity, “the sum first become due” is on the date the amount of underpayment in billing, wrong application of tariff, wrong multiplication factor, amount other than energy bill has been noticed and demand notice has been raised on this account to the consumer( Ref. Appellate Tribunal for Electricity Judgement in Appeal No. 202 & 203 of 2006 in the matter of Ajmet Vidyut Vitaran Nigam Ltd. versus M/s Sisodia Marble & Granites Pvt. Ltd.)

38.1.1 The Assistant Engineer/Sr. Assistant (Commercial) of the respective Electrical Sub

Division shall ensure proper implementation of tariff for the bills to be prepared in the Sub-Division. The entire responsibility for computerized billing rests with Assistant Engineer of the concern Sub-Division. For the bills prepared by Data Centre under SE (IT), the SE(IT)/Sr. EE(IT) should ensure that the tariff is implemented properly. However, at the time of delivery of the bills, the concerned SE(Op) and AE, ESD should also exercise proper check of the bills generated, category applicable, LVSS, LVMS, arrears pointed out by sub-division etc. before it is finally delivered as these details are available with the concerned filed units.

38.1.2 The Assistant Engineer/Sr. Assistant (Commercial) of the respective Electrical

S/Division shall ensure that outstanding amount, if any, including sundry charges has been mentioned in the bill clearly (in case of arrears for the past period, whenever pointed out by the audit or otherwise detected later on, separate bill should be issued to the consumer clearly indicating the amount on account, period etc. in the first instance and subsequently, if this bill is not paid within due date, the total outstanding amount on whatsoever account it is, should be reflected continuously in the subsequent energy bills, till date the payment is received or permanent disconnection is affected). The details of defaulted amount recovered / to be recovered from the consumers during the next month should be intimated to the Divisional Office along with detail of defaulting consumers and record a certificate at the end of month that outstanding amount/sundry charges have been mentioned in the bill of all consumers where ever required and no entry has been left.

38.1.3 At Divisional level the Divisional Accountant will compile and verify the detail of all

such certificates of all sub-Divisions. A combined certificate will be prepared by the Divisional Accountant, countersigned by the Sr. Executive Engineer that defaulted amount of all sub-division under his division has been pointed/billed in the bill of the concerned consumer and submit the same to circle Office. Sr. Executive Engineer should simultaneously also take steps to recover the defaulting amount.


38.1.4 On receipt of the requisite certificate from the divisional offices, the Sr. Executive Engineer/ S.E shall after ensuring that outstanding amount, if any, including sundry charges have been mentioned in the bill clearly. The Sr. Executive Engineer/ SE, shall record a certificate at the end of month that outstanding amount/sundry charges in respect of his circle have been mentioned in the bills of all consumers, where ever required, and no entry has been left. The details of defaulting amount recovered/ to be recovered shall then be submitted by him to the concerned Chief Engineer (Op.)/ Chief Accounts Officer.

38.1.5 A separate ledger showing month wise defaulting/outstanding amount of

consumers shall be prepared and maintained by Dealing Assistant in the circle office and get it verified from the A. A.O. The detail so verified shall be put up to the Sr. Executive Engineer for recording the certificate. The Sr. Executive Engineer shall further put up it to the Superintending Engineer.

38.1.6 The month wise return of such defaulting amount shall be sent to Chief Accounts

Officer of HPSEB Ltd. /Chief Engineer (Op.) by the respective Superintending Engineer (OP). The Chief Accounts Officer after scrutiny shall put up the same to Director (Finance) on quarterly basis for his perusal.

38.1.7 Chief Auditor shall ensure and develop mechanism that the commercial audit of all

the Sub-Division are conducted within a period of one year so that any recovery detected during audit is pointed out in the bill of consumer within one year to adhere to two year limitation period as per section 56(2) of the Electricity Act 2003 as well as clause 5.6.2 of the HPERC Electricity supply Code-2009. Note: -Reports of all such consumers who have outstanding amount pending for recovery can be generated on computerized billing and accordingly action at sub division level shall be taken well in time to recover the outstanding amount.

38.2 Recovery of defaulting amount:

Whenever the consumer does not make the payments of dues or violates the supply code, the connection should be disconnected temporarily from the service mains after serving 15 days notice and the connection should remain disconnected, till such time the payment of dues is not made by the consumer or violation of supply code is set right. It is, however, mandatory that TDCOs/ PDCOs are issued immediately after the monthly accounts in the sub-division are finalized. 38.2.1 Discontinuance of supply of electric energy to a consumer who defaults in

liquidating the electric energy bill is not an end in itself but is only a step towards not only arresting further accumulation of arrears but even forcing him to make the payment. However, all out efforts should be made to recover the amount, and such efforts should not be relaxed as long as the recovery is not actually affected.

38.2.2 The SDO (A.E/A.E.E.)/J.E. should go on pressing say by issuing reminders to

be delivered through peon or if necessary, to be sent by Registered post and through bonafide representatives of the HPSEB Ltd., to the defaulting consumer for payment of the outstanding dues of the HPSEBL.


38.2.3 In case of continued default in payment of any amount, due to the licensee by any consumer for a period of more than six months, the licensee may terminate the agreement executed with the consumer in accordance with the ‘Conditions of Supply’ of the licensee and remove the electric line or works connected with the supply of electricity to the consumer.

38.2.4 In the meantime after the expiry of one month, the matter should be

intimated to the Sr. Executive Engineer concerned with a detailed report indicating the action taken or proposed to be taken. If there are no prospects of the recovery of the dues through some other connection held by the defaulting consumer, the matter should be taken up at Sr. XEN’s level who should, at his earliest convenience write to the defaulting consumer requesting early settlement of the account. If it is found that the consumer has left the station or does not have a connection at the local station, but is getting supply from HPSEBL at some other station, the concerned Sr. Executive Engineer of that division should be asked to debit the charges to him against the connection held by him under his charge. The Sr. XEN should whenever he makes a reference to the consumer, endorse a copy to the SDO (A.E./A.E.E.) for his information so that the SDO (A.E./A.E.E.) should not issue any further written reminder to the defaulter, but who at the same time, should not slacken his efforts, in affecting the recovery through bonafide representatives of the HPSEBL. The amount should, however be carried forward in the Consumer’s ledger from month to month and surcharge should continue to be levied as required, till date the recovery or permanent disconnection is affected. The field officer may intimate the revenue authorities like District Collector regarding the amount to be paid by the consumer to HPSEBL so that if any transaction regarding sale or purchase of the property takes place, the revenue authorities may not give no dues of the property/premises.

In case the consumer does not clear the outstanding amount with in a

period of one month, the concerned field units may immediately resort to file civil suit against the defaulting consumer for recovery of outstanding amount before the court of competent jurisdiction and simultaneously seek attachment of the property belonging to the defaulting consumer from the court under the provision of Order XXXVIII, Rule 5 of the Civil Procedure Code. In the meantime, the action for adjustment of security/ encashment of BG in case security is in the shape of BG may be initiated so as to the recover the amount to that extent.

38.2.5 The security amount equivalent to consumption charges for the billing cycle

period shall be maintained with HPSEBL. The concerned Sub-Division should exercise proper check at the end of each financial year.

38.2.6 The XEN should follow his letter by issuing the reminders at fortnightly

intervals. In case the payment of the bill is not received within a fortnight from the date of issue of the last reminder, the case, if the amount involved is more than the competence to write off as per clause 39.4 below together with the consumer file should be referred to the next higher authority for taking further necessary action giving a complete precise of the case with particular references to the following points:-


38.2.6.1 Full address and where-about of the consumer. 38.2.6.2 Whether all other connections standing in the name of the

consumer have been disconnected or not. 38.2.6.3 Period to which the outstanding amount relates.

38.2.6.4 The break-up of the outstanding amount i.e. (a) amount of actual energy charges (b) meter rentals (e) any other amount.

38.2.6.5 Date of first default. 38.2.6.6 Date and the amount of last payment. If the payment is part-

payment, the total amount of the bill against which the part payment is made.

38.2.6.7 The efforts already made at the sub-division and divisional level. 38.2.6.8 Prospects of recovery of outstanding in the near future. 38.2.6.9 The cause which led to the consumer becoming defaulter. 38.2.6.10 Financial position of the defaulting consumer with particular

reference to his immovable property, so as to ascertain the scope of recovery through legal action.

38.3 Action to be taken at SE/CE (Op.) Level:

38.3.1 The cases, for recovery of defaulting amount after being received in

the Superintending Engineer's/ Chief Engineer’s office should be scrutinized so as to arrive at any further line of action. In collaboration with the Legal Section of the HPSEBL, the desirability of launching legal proceedings should be assessed and initiated under the provision of order 38 rule 5 of CPC, so that the necessary action could be taken well before the expiry of the period of limitation, which is only two years as per section 56(2) of the Electricity Act, 2003, from the date when such sum became first due, unless such sum has been shown continuously as recoverable as arrears of charges for electricity supply, from the date when such sum became first due. The action for recovery through civil suit should be initiated under the provisions of civil procedure code order 38 rule 5, so that HPSEBL is at least in a position to recover the amount in execution of decree by distress and sale of immoveable property so attached.

38.4 If ultimately the amount is found to be irrecoverable either due to the

failure of the legal proceedings, or the exhaustion of all efforts and where no legal remedy is sought, the case for writing off the arrears, so that the books could be cleared, should be framed and submitted to the competent authority. The authority competent to write off the arrears of Electricity dues is as under:-

Sr. No. Competent Authority Amount

1 Sr. Executive Engineer Rs. 1000/- in each case subject to maximum Rs.10, 000/- during the year

2 Superintending Engineer Rs. 5000/- in each case subject to maximum Rs.25, 000/- during the year

3 Chief Engineer Rs. 10,000/- in each case subject to maximum Rs.50, 000/- during the year

4 Head Office level Committee Comprising of:

(i) Chief Engineer (Op.) concerned

(ii) Superintending Engineer (Commercial)

Chairman Member

Rs. 25,000/ -in each case subject to Rs.2,00,000/- during the year


(iii) Dy. Chief Auditor/ Dy. Chief Accounts Officer

(iv) Superintending Engineer (Works) office of CE (Op.)

Member Member Secretary

38.4.5 Cases involving amount more than above limits should be referred to the

Whole Time Directors by concerned Chief Engineer (Operation) concerned for decision.

38.4.6 However, in case of following consumers the action indicated above

should only be taken if the procedure outlined below fails to yield fruitful results.

38.4.6.1 Government Departments: So far as the question of recovery of

outstanding dues from Government Departments is concerned the matter may be referred to the Head of the Department for early liquidation of arrears, simultaneously endorsing copies to the offices concerned for doing the needful immediately. Progress should be watched and reviewed fortnightly.

38.4.6.2 Government Employees: In such cases Heads of the

Offices/Departments under whom the consumer is working should be addressed to recover the outstanding amount from the person concerned and remit to the HPSEBL. In case where the employees have been transferred to other stations, their address should be found out and the Heads of their offices be asked likewise.

38.4.6.3 HPSEBL Employees: The arrears should be recovered promptly from the

employees of the HPSEBL. In case the employees have been transferred to other stations, reference should be made to his SDO (A.E./ A.E.E.) /XEN/ S.E concerned to affect recovery from the pay bills of the official officer and remit it to the office concerned.

38.4.6.4 Industrial Units: In case of Industrial units which are non-functional or

closed and the electricity charges are outstanding in their name and any other person purchases the unit for its revival, the recovery shall be affected from the new consumer before the release of connection in line with HPERC(Recovery of Expenditure for Supply of Electricity)Regualtions,2012 as amended from time to time and supply code.

The procedure laid down above, shall be adopted meticulously in letter and spirit by field units at every level for chalking out the defaulters and recovery of defaulting amounts from the defaulting consumers, besides all defaulting consumers, specially, in case of consumers having connected load above 100kW.

INSTRUCTION No. 39

Payment of Arrears not originally billed:

39.1 There may be certain cases where the consumer is billed for some of the dues relating to previous months/years or otherwise as arrears on account of under


assessment/unauthorized use of electricity or demand or some amount pointed out by Internal Auditor or CAG / detected by the authorized officers either owing to negligence of the HPSEBL employees or due to some defect in the metering equipment or due to application of wrong tariff/multiplication factor or due to mistake in connection or other irregularities/malpractices etc. In all such cases, separate bills shall be issued giving complete details of the charges levied alongwith calculation. Such charges shall be shown as arrears in the subsequent electricity bills regularly till the payment is made. Supplementary bills shall be issued separately giving complete details of the charges in regard to theft cases, slowness of meters, wrong connections of the meter and unauthorized of use electricity etc. In such cases the copy of relevant instructions under which the charges have been levied shall also be supplied to the consumer for facilitating the quick disposal of cases by consumer forums if approached by the consumer.

39.2 Limitation:

Notwithstanding anything contained in any other law for the time being in force, 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:

39.3 Allowing payment of arrears in installments:

The consumer may sometimes find it difficult to make payment of such arrears which are not originally billed in lump sum and may make representation for allowing the payment of such arrears to be made in installments. Such a representation must come from the consumer within the grace period i.e. within 10/15 days of the receipt of the bill. A notice to this effect shall be incorporated on the bill itself while raising the demand for arrear amount. The detailed calculations of the area amount needs to be included in the notice. The consumer seeking installments shall deposit not less than 25% of the billed amount so as to show his earnestness to pay the assessed amount in installments along-with late payment surcharge.

39.4 Competency of allowing installments in respect of arrears:

Authority to allow installments

Arrear Amount up to (Rs.)

Initial Deposit before installment

No of Installments (Maximum Limit)

1 2 3 4

AE/AEE: 10000 25% 3

Sr.EE/ASE 30000 25% 4

SE/Dy. CE 200000 25% 6

CE 500000 25% 8

HPSEBL Level Committee( Director(Op), Director(Tech.) & MD

More than Rs. 5 lac

25% 12


Note:- Where the consumer seeks higher number of installments, then those in

column no (4), the matter shall fall in the purview of next higher authority which is competent to allow the required number of installments even if the arrear amount in within the limit provided in column No. (2).

39.5 No installments for Current Bills: No installments will be allowed for payment of

current energy bill. The part payment shall be allowed as discussed in the Instruction No. 35 above.

39.6 Some of the sick units are seeking restoration of power reconnection and

requesting HPSEBL to allow them to make payments of their outstanding arrears in installments. HPSEBL may restore the connection on payment of initial amount of 25% of the outstanding amount and rest may be allowed in installments with payment of late fee surcharge with current energy bill.

INSTRUCTION No. 40

Dispute Settlement Committees of HPSEBL

40.1 The Following dispute settlement Committees have been constituted by HPSEBL to

settle the disputes arising out of consumer complaints regarding wrong billing etc.:- 40.1.1 Divisional Level Dispute Settlement Committee:-

1 ASE/Sr. Executive Engineer (Op) other than the Chairman

Concerned Division to be nominated by the Dy. C.E. /S.E (Op) of the concerned circle.

2 Superintendent (Accounts) of the concerned Member Division.

3 A.E.E/A.E of the concerned Sub-Division Convener and Presenting officer This committee shall be empowered to decide the cases of the disputed amount up to Rs. 10,000/-( principal amount)

40.1.2 Sub-Divisional Level Dispute Settlement Committee:-

1 A.E.E /A.E. (Op) other than the concerned Chairman

Sub-Division to be nominated by the ASE/Sr. E.E of the concerned Division.

2 Sr. Assistant (Comm.) of the concerned Member Sub-division.

3 A.A.E/J.E. of the concerned Section. Convener and Presenting officer.

This committee shall be empowered to decide the cases of the dispute at Section level and disputed amount up to Rs. 5,000/-(principal amount) 40.1.3 The consumer has however option to approach the above committees or approach

directly to Consumer Grievance Rederssal Forum (CGRF). Note: - The convener and presenting officer will not be the member of committee.


The representation to the committees can be preferred within 15 months of issuance of bill/notice or decision under clause No. 5.7.4 of H.P. electricity Supply Code, 2009 and its amendments. The committees will decide the dispute with in a period of three months. The Head quarter of the Dispute Settlement Committees shall be at the place where chairman of the committee is stationed. The award announced by the committee shall be out of the purview of the audit.

In case the committee does not settle the case with in the time frame or the consumer is not satisfied with the decision of Committees, he has the right to approach Consumer Grievance Redressal Forum(CGRF) within the prescribed time limits.

SECTION – V

Unauthorized use/ Theft of Energy

INSTRUCTION No. 41

Unauthorized use of electricity - section 126 of the Electricity Act 2003

41.1 As per the provisions of Section 126 of the E.A.2003, the unauthorized use of electricity means usage of electricity:-

i. by any artificial means , or ii. by a mean not authorized by the concerned person or authority or HPSEBL, or iii. through a tampered meter, or iv. for the purpose other than for which the usage of electricity was authorized or v. for the premises or areas other than those for which the supply of electricity was authorized.

However, increase in the connected load, without permission from HPSEBL, shall not be considered as unauthorized use of electricity under section 126 of the Act, if:- a) there is no change in applicable tariff category, or sub-category thereof, as a result of increase in connected load; and b) the actual demand (kVA) does not exceed the maximum limit arrived at by converting the sanctioned connected load (kW) into kVA, based on an assumed power factor of 0.9, by more than 10 kVA. Illustration.- if the sanctioned connected load of the consumer is 360kW and actual demand is 410 kVA or less it shall not be considered as unauthorized use of electricity under the section 126 of the Act even if the sanctioned contact demand is less than 410 kVA, so long as the conditions under other clauses are adhered to; and c) there is no usage of electricity through a tampered meter; and d) the electricity is used only for the purpose for which the same was authorized; and e) the electricity is used only for the premises or the areas for which the supply of electricity is authorized; and d) the increase in connected load does not exceed the limit computed as under- (i) 10 kW in case where the sanctioned connected load is upto 100 kW; and (ii) 10% of the sanctioned connected load subject to a maximum of 200 kW, in case where the sanctioned connected load is more than 100 kW:


Provided that where the extension of connected load comes to the notice of the licensee, irrespective of the fact, whether or not, such extension is considered to be unauthorized use of supply under section 126 of the Act, it shall, apart from taking any other steps as may be necessary, give an option to the consumer to either get such extension(s) regularized by completing the formalities or to remove the extension(s) of the connected load. The licensee shall be entitled to disconnect the supply if the consumer does not take any steps in this direction even after service of a notice on him by the licensee. However, the licensee may disconnect the supply temporarily even without a notice if it reasonably believes that continuation of supply is likely to result in loss of human or animal life or injury to a human being or any animal or damage to property. 36.2.8 At the time of disconnection meter reading shall be recorded and it shall be

compared at the time of reconnection so as to ensure that no energy was consumed during the period of disconnection. Simultaneously list of such disconnected consumers shall be handed over at the complaint centers/or send via Email to enter in separate register as that complaint staff is aware of such disconnection under intimation to Sr.E.E./SE.

41.2 Surprise checking of consumer installations by an authorized officer,

should cover the following aspects:

41.2.1 The assessing officer and other members of his team will at the time of inspection carry alongwith them their photo identity cards, which will, on demand, be shown to the person present at site before entering the premises

41.2.2 If on inspection of the premises/area and/or scrutiny of the records, the

assessing officer comes to the conclusion that the consumer is indulging in unauthorized use of electricity, he will prepare an inspection report inter-alia indicating connected load for unauthorized use of electricity, condition of meter and its seals and also details of evidence substantiating the unauthorized use. The assessing officer will wherever possible photograph/videograph the means of such unauthorized use

41.2.3 The assessing officer will sign the inspection report and a copy handed over

to the person or his/her representative present at site. The person present at site may also sign the inspection report. In case of refusal to accept the report, a copy of the inspection report will be posted at a conspicuous place in/outside the premises and another copy of the same shall be sent under registered post.

41.2.4 The assessment should be calculated for the entire period with in which

unauthorized usage of electricity remained or in case the period is not ascertainable, it should be limited to a period of twelve (12) months immediately preceding the date of detection of the unauthorized usage.

41.2.5 The consumption of electricity for assessment shall be computed on the

basis of meter reading and in cases where consumption of electricity cannot be computed on the basis of meter reading, then the same will be computed on the basis of LDHF formula ( as per H.P Electricity Supply Code,2009


41.2.6 The assessing officer shall provisionally assess the charges payable by such

consumer at a rate equal to Twice the tariff applicable for the relevant category in which the service should have been classified, without allowing the benefit of Subsidy and after deducting the charges already paid as per the provision of Annexure-A of H.P Electricity Supply Code. The charges will continue to be levied till the rectification (regularization or disconnection) of the unauthorized usage.

41.2.7 The assessing officer and shall issue Provisional Assessment Order to the

consumer within 48 hours of the inspection. 41.2.8 In case of defective/ dead stop meters, the accounts of a consumer will be

overhauled for the period a burnt/defective meter remained at site, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed as per Annexure-A of H.P Electricity Supply Code 2009 and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year

41.2.9 The person served with provisional assessment order as described above

may accept such assessment and deposit the assessed amount within the seven days of serving of the order on him. The consumer, if not satisfied with provisional assessment, shall be entitled to file any objection before the assessing officer. The consumer shall file such objections within seven days of serving of order on him.

41.2.10 Within seven days of submission of the objection(s), the assessing officer

will scrutinize the case and if no unauthorized use of electricity is established then after taking the reasons on record, the case will be dropped immediately and the person informed accordingly.

41.2.11 If the assessing officer is still of the view that unauthorized use of

electricity has taken place, he shall after providing an opportunity of personal hearing to the person, pass a final order of assessment specifying the amount payable within thirty days of the date of service of order of provisional assessment. In such a case the assessing officer will assess the electricity consumption and electricity charges as per the procedure given in Annexure-A of H.P Electricity Supply Code 2009. The final assessment order shall be reasoned and speaking one justifying as to whether a case of unauthorized use is prima-facie established or not. The said order shall contain the brief of inspection report, submission made by the occupant or person in his written reply and oral submission during personal hearing and reasons for acceptance or rejection of the same.

41.2.12 The consumer will be required to deposit the assessed amount with within seven days of receipt of the final order of assessment. The last date of payment of the assessed amount can be extended or the consumer can be allowed the payment in installments, if approved by HPSEBL, subject to payment of interest on the unpaid amount for the extended period beyond


seven days at the rate of 16 percent per annum compounded every six months.

41.2.13 The consumer served with the final order of assessment may accept it and

deposit the assessed amount or the consumer may prefer an appeal before the concerned Divisional Commissioner (Appellate Authority) against the final assessment order with in thirty (30) days after depositing the 50% of the assessed amount (inclusive of the amount already deposited) as per section -127 of the Electricity Act, 2003.

41.2.14 The Assessing Officer should file caveat before the Appellate Authority in order to prevent any stay order and accumulation of revenue arrear in that account. Also proper defense is required to be put forth before the Appellate Authority.

41.2.15 In case the Appellate Authority does not uphold the contention of unauthorized usage, no further proceedings would be initiated by HPSEBL and the amount so deposited by the consumer needs to be refunded along with interest @16% per annum with half yearly compounding from the date of deposit till the amount recovered is adjusted by way of adjustment in bills of the consumer of succeeding months. The consumer may also opt for cash refund of the amount deposited by him alongwith interest at the rate of 16 percent per annum compounded every six months, till payment of such amount is made by HPSEBL.

41.2.16 In case the amount payable as determined by the appellate authority is

less than the amount already deposited by the consumer, the excess amount will be refunded by adjustment in the bills of the immediately succeeding months along with interest @ 16 % per annum with half year compounding from the date of such excess deposit till the date of actual adjustment.

41.2.17 If the Appellate Authority is satisfied about unauthorized usage, the

remaining amount as per the Appellate order, should be got deposited from the consumer with in thirty days of the decision of the Appellate Authority.

41.2.18 In case of default in payment of the assessed amount or any instalments

thereof by a person, HPSEBL may, after giving not less than 15 days clear notice, disconnect the supply of electricity. The defaulter, on the expiry of seven days or the period as allowed by the HPSEBL under 41.2.12 above from the receipt of the final order of assessment or the period allowed for making payment as per the decision of the appellate authority, will also be liable to pay interest on the outstanding amount at the rate of sixteen percent per annum compounded every six months till the assessed amount or any instalments thereof is finally paid.

41.3 At the same time, the account of such consumers who are being billed on two part

tariff should be overhauled with retrospective effect on the basis of extended load, irrespective of the fact whether the extension have been regularized or disconnected. So far as determination of the date of extension is concerned the consumer should be asked to intimate the date of installing the additional machinery and substantiate it by producing documentary proof, if any. If the date


intimated by the consumer is fairly comparable to the date of purchase of machinery represented by the bill/cash memo or the octroi receipt, the same may be taken as authentic. But if there is a marked disparity or no documentary evidence is produced by the consumer, reference should be made to the monthly consumption of the consumer, as any abrupt rise in consumption in a month can be construed to be the result of the extension in load and the date/month may be adopted for overhauling the accounts.

41.4 It is, however, not possible to lay down any precise formula for finding out the date

of extension. It is felt that the field Officers by virtue of their being on the spot should be in a position to make a fair judgment. However, where it is not possible to come to any logical conclusion, the better course would be to adopt either the date intimated by the consumer or a date twelve months prior to the date of detection whichever is earlier.

41.5 In cases, where it is considered to regularize the unauthorized extension of loads,

the same may be allowed after obtaining the following documents/charges: 41.5.1 Revised Application & Agreement form. 41.5.2 Revised Test Report and other relevant documents.

41.5.3 The additional amount of Security Deposit, as applicable, on the basis of HPERC (Security deposit) Regulations 2005.

41.5.4 Estimated charges as per HPERC (Recovery of Expenditure for supply of Electricity) regulations 2012, if required.

41.6 For the implementation of the provisions of section 126 “Investigation &

Enforcement” the Government of Himachal Pradesh has designated the following officers as “assessing officers” under sub-section (6) (a) of the Electricity Act 2003: -

S. No.

Category of consumers

Assessing Officer

41.6.1 LT Consumers

Assistant Engineer/ Assistant Executive Engineer/ Executive Engineer with in their respective jurisdiction/ Sr. Executive Engineer/Additional Superintending Engineer of Head Office Flying Squad unit in respect of the inspection carried out by him.

41.6.2 HT Consumers

Sr. Executive Engineer/ Additional Superintending Engineer with in their respective jurisdiction/ Sr. Executive Engineer/Additional Superintending Engineer of Head Office Flying Squad unit in respect of the inspection carried out by him.

INSTRUCTION NO. 42

Theft of Electricity - Section 135 of the Electricity Act 2003 42.1 Provision: A consumer or any person shall be guilty of theft of electric


energy and shall be deemed to have committed theft within the meaning of Sec. 135 of Act ,2003 and shall be dealt with according to procedures as per clause No. 6.2 of H.P. Electricity Supply Code, whoever, dishonestly;

42.1.1 Taps, makes or causes to be made any connection with overhead,

Underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be or;

42.1.2 Tampers a meter installs or uses a tampered meter, which covers broken/

loosening meter glass, insertion of a hole in the meter body and tampering of service wire insulation, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or

42.1.3 Damages or destroys an electric meter, apparatus, equipment, or wire or

causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or

42.1.4 Uses electricity through a tampered meter; or 42.1.5 Uses electricity for the purpose other than for which the usage of electricity

was authorized.

so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both

Please note: The word dishonest intension is most important before booking a case

under section -135 in above circumstances.

42.2 Procedure to be followed upon detection of theft of electricity by an

Assessing Officer:

42.2.1 The authorized officer and other members of his team will, at the time of inspection carry photo identity cards, which will on demand be shown to the occupant or person present at site before entering the premises.

42.2.2 The authorized officer will record evidence substantiating theft of electricity in the premises and will photograph/ video graph the means/ mode of theft of electricity. The means applied for stealing of electricity if any, should be kept intact duly sealed in the presence of the consumer. As a matter of proof & supporting evidence, the seized item/document be taken in possession. Thereafter, it may be put inside the cotton cloth bag and shall be duly stitched and sealed with sealing wax and should invariably be stamped. The bag so prepared be got signed from the consumer/occupant and officials of HPSEBL. The authorized officer shall take all possible appropriate measures to keep intact the seizures/evidence, so as to keep them as ‘in found condition’

42.2.2 The authorized officer will prepare an inspection report inter-alia indicating connected load for theft of electricity, status of meter/metering


equipment, condition of meter and seals and any other irregularity noticed (such as means adopted for theft of electricity ) in such premises. The consumer/ occupant or person of the place of search or any representative on his behalf shall remain present during the search and a list of all items seized in the course of such search shall be prepared and delivered to such occupant or person. The authorized officer will sign the inspection report, will obtain signature(s) of the occupant or person present at the premises during the search on the seizure memo and inspection report and shall hand over a copy, immediately after the inspection, to the occupant or person present at the premises during the search, the said site note should be signed by the consumer/ occupier, witnesses if any, officers & officials of the HPSEBL conducting/ accompanying the inspection team. The seized material shall be handed over to police station by the authorized/inspecting authority for further submission in the court by taking proper receipt of the same.

42.2.3 In case of refusal to sign the site inspection report or receive the inspection

report, a copy of the same will be pasted at a conspicuous place in / out side the premises and another copy sent to the occupant or person under registered post. The inspection report will indicate the time period, which shall not exceed seven days, within which the occupant or person may raise objections against the said report before the authorized officer.

42.2.4 Upon detection of theft and prima- facie establishment of the same, the

supply to the premises be disconnected forthwith by an authorized officer for the purpose and a complaint in writing in the Police station having jurisdiction within 24 hours of disconnection shall also be lodged.

42.2.5 The authorized officer shall, within four days of the date of receipt of

objections of occupant or person, arrange a personal hearing, if requested for by the occupant/person. In case, the occupant/person fails to appear on the appointed date and time, the authorized officer may proceed ex-parte and shall serve an assessment order upon the occupant or person in manner as specified under clause 42.2.8 to 42.2.10.

42.2.6 The authorized officer shall give due consideration to the facts submitted by

the occupant or person and pass, within three days of the personal hearing under preceding clause 42.2.5, a speaking order as to whether a case of theft is prima-facie established or not. Speaking order shall contain the brief of inspection report, submission made by occupant or person in his written reply and oral submission during personal hearing and reasons for acceptance or rejection of the same.

42.2.7 In case of a decision that a case of theft is not established no further

proceedings shall be required and the connection shall be restored. Also, in case the consumer deposits the assessed electricity charges, the supply to the premises shall be restored.

42.2.8 Where the theft of electricity by an occupant or person is prima-facie

established, the authorized officer will assess the amount payable by the occupant or person, who has been benefited by such theft as per procedure, specified at Annexure-A of H.P. Electricity Supply Code. The


assessment order will be delivered to the concerned occupant or person within 24 hours of the speaking order issued under clause 42.2.6 above.

42.2.9 The assessment shall be calculated for the entire period of pilferage or in

case the period is not ascertainable, it should be limited to a period of twelve (12) months immediately preceding the date of detection of theft. However, if the consumer submits some documentary evidence for curtailing period of pilferage and assessing officer is satisfied, the same be taken in to possession and be considered for reduction in period of theft/pilferage.

42.2.10 Upon the consumption of units so worked out the charges be levied at a

rate equal to Twice the normal tariff applicable for the relevant category without allowing the benefit of Subsidy.

42.2.10.1 A person/occupant not satisfied with the assessment order may

prefer, within 15 days of the receipt of the assessment order, a representation before the authorized officer. The authorized officer will after giving the occupant or person an opportunity of being heard pass a final assessment order within seven days of the representation having been received.

42.2.10.2 The authorized officer will furnish a copy of the final assessment

order to the person/occupant and HPSEBL. HPSEBL will submit a copy of the final assessment order in the Special Court immediately after submission of the challan by the Police.

42.2.10.3 An occupant/person will deposit with HPSEBL the assessed amount

in the final assessment order, within thirty days of the receipt of assessment order.

42.2.10.4 HPSEBL may extend the last date of payment of the assessed

amount, in final assessment order, or allow the occupant/person to make payment in instalments subject to payment of interest for the unpaid amount for the extended period beyond thirty days at the rate of 16 percent per annum compounded every six months

42.2.10.5 After the assessed amount, in final assessment order, is deposited in

full by the occupant /person, HPSEBL will resume supply of electricity to the premises within forty-eight hours of such deposit. If the assessed amount, in final assessment order, is deposited by a person, who is not an existing consumer, the supply to his premises will be released treating it as a case of release of a new connection.

42.2.10.6 In case the civil liability finally determined by the Special Court is

less than the amount deposited by the person or occupant as assessed by the authorized officer above, the excess amount so deposited will be refunded within fifteen days from the date of communication of the order of the Special Court to HPSEBL together with the interest at the rate of 16 percent per annum compounded every six months for the period from the date of such excess deposit till the date of payment.


42.2.11 The legal proceedings initiated/ likely to be initiated after the

intimation as given to the Police can be settled by way of compounding of offence. The compounding of offence can be made on the request of the consumer to the Superintending Engineer concerned after depositing the compounding charges including assessed amount on account of theft by the consumer as stipulated in section 152 of Electricity Act, 2003. After acceptance of the sum of money for compounding, an offence shall be deemed to amount to an acquittal and intimation thereof has to be sent to the Police station or to the Court if the challan has been placed by the authorized officer/ Police in the Court as set up for the purpose. Compounding shall be allowed only once for any person or consumer.

42.2.12 On receipt of such amount, all criminal proceedings against the person or

occupant under this Act shall be dropped. The payment of compounding fee will be in addition to any civil liability accruing under para 6.2.3 of H.P. Electricity Supply Code. And the Compounding shall be governed by the provisions of para 6.2.4 of the HP Electricity Supply Code.

42.2.13 If any person /consumer found stealing energy does not make the payment

of the amount so assessed by the authorized officer including compounding charges, the Police will submit the challan before the Hon’ble Special Court designated to deal with the cases of theft of energy as per Electricity Act, 2003.

42.2.13 While submitting documents to the court or police, it must be ensured to submit the certified copies of the original documents.

42.2.14 It is the primary responsibility of the Assessing/ Inspecting authority to make all out efforts to ensure that the matter in the Court is continuously followed to convict the accused. It is possible only when he attends the Court himself well prepared with the case before deposition.

42.2.15 The subsequent action in such matters would be based upon the directions

of the Hon’ble court exercising jurisdiction over the issue. 42.3 For the implementation of the provisions of section 135 “Theft of Electricity” in the State of HP in respect of different categories of consumers, the Government of Himachal Pradesh has authorized the following officers under sub-section section 135 (2) to inspect any premises, in which he has reasons to believe that electricity has been or is being used unauthorizedly: -

S. No.

Category of connection Authorized Officer

(A) Operation Wing:

(i) All the connections/ categories of consumers up to 10kW connected load

JE/AAE of the Department and any official/ officer of Operation Wing not below the rank of Foreman/ Special Foreman within their respective jurisdiction


(ii) All the connections/ categories of consumers up to 100kW connected load

Any Officer of the Operation Wing not below the rank of AE/AEE/XEN within their jurisdiction

(iii) All the connections/ Categories of consumers with connected load upto 100kW and above

Any Officer of the Operation Wing not below the rank of Sr. Executive Engineer/ Additional SE within their jurisdiction

(B) Enforcement Wing:

All categories of consumers Any Officer of the Enforcement Wing not below the rank of AE/AEE/EE

42.4 The assessment in theft of energy cases shall be done by the authorized

officers as per clause 6.2.2 of HP Electricity Supply Code,2009 as amended from time to time.

42.5 Following Officers have been authorized to implement the provision of section 152 (Compounding of offence) of the Electricity Act 2003 as under: -

S. No.

Category of connection Authorized Officer

(a) All LT & HT Bulk Supply, Agriculture and Commercial connections

Any Officer of the Operation Wing not below the rank of Superintending Engineer (s) with in their jurisdiction

(b) All Industrial small power connections

Any Officer of the Operation Wing not below the rank of Superintending Engineer (s) with in their jurisdiction

(c) All MS and LS industrial connections The Chief Engineer(s) with in their jurisdiction

INSTRUCTION No. 43

Guidelines for prevention of theft of electricity and unauthorized use of electricity:

43.1 Theft of Electricity directly from mains & meter terminals: Measures to counter the pilferage of electricity direct from the supply mains/service line are as under:- i) No P.T. fuses shall be provided on the secondary side of the supply to kWh/MDI meters. In the cases of existing connections P.T. Fuses, shall be removed immediately. ii) No fuse shall be provided on the secondary side of the CTs. iii) No cutout / G.O. Switch / Circuit Breaker shall be provided before the meter /metering

equipment and service line shall be directly connected to the metering equipment. iv) In case of LT connection, it a general practice to connect the supply from tee off joints,

the joint are generally kept open without proper sealing. It should be ensured that


connections are supply directly from pole and in case it is to be provided from sub-mains, the tee off point should be properly sealed.

43.2 In order to avoid reversal of connections it must be ensured that correct connections are made at the meter terminals and its cover is properly sealed. Whenever meter terminal seal is broken or is found to be broken it must be replaced at the earliest. Before resealing it shall be ensured that the connections are in order. i) The connections shall be checked by a responsible Engineering Officer to ensure their correctness and working of the meter may also be checked with meter testing instrument, the meter shall thereafter be sealed properly by the officer to whom the job has been assigned as per standing instructions on the subject. ii) Connection wiring diagram of different types of meters / metering equipment both 11 KV and LT as in use shall be circulated amongst the distribution officers for their guidance by M&T. 43.3 Avoiding access to CTs/PTs and connecting wiring: For preventing free access to weak links of metering equipment and to avoid tampering of CT/ PT connections for the purpose of theft of energy, remedial measures as under may be taken:- i) The MCB and CTs/PTs chambers of standard design with proper construction as approved by the HPSEBL must be got installed separately for meters and CTs/PTs. The meters in case of all industrial connections shall be installed in the Chambers of standard/approved design. No connection shall be released without the installation of such chambers. In no case non-standard chambers be accepted from the consumers. In case of existing connections the non-standard MCBs and CT/PT chambers shall be replaced with MCBs and CT/PT chambers of approved design in a phased manner. ii) In respect of Metering for consumers where CTs/PTs are involved, the test terminal block where provided, meter terminal cover and CTs/PTs chamber need to be sealed carefully and properly by the field officers who have been assigned the job of sealing such metering equipment. Such seals shall not be broken without (a) the knowledge of the sealing officer/official and proper record of broken seals shall be kept. Seals shall be affixed expeditiously as and when the same have to be broken for attending to faults etc. The metering equipment in case of other industrial connections shall also be sealed properly and expeditiously by the competent authority. iii) The entry and exit holes for the cable in CT/PT chamber shall be plugged by putting suitable size of cable glands. iv) There shall be no joint in the CT/PT extension leads and the length of the leads shall be limited to the minimum required. The joints between the extension leads of CTs and leads connecting the meter shall be crimped so as to have solid joints. PT leads without any joint shall be soldered/ crimped on each phase of the service cable so as to achieve solid connections. MCB and CT/PT chambers need to be placed adjacent to each other and the CT/PT leads shall pass through the GI Pipe welded on the CT Chamber and connected to the MCB in such a way that the leads are not accessible to the consumers. Drawing depicting the correct arrangement shall be circulated to the concerned officers. v) The length of extension leads of the CTs/PTs shall be sufficient for taking to the meter terminal block to eliminate joints and the wires shall preferably be of red, yellow, blue and black colours for clear distinction and to facilitate quick checking. The suppliers may be asked for making provisions of sufficient lengths of extension leads in the CTs/PTs.


vi) Combined CT/PT units must be installed for all HT metering equipment and their covers shall be sealed properly so as to avoid access to the connections. Separate CTs outside the combined unit must not be installed under any circumstances. 43.4 Avoiding loose joints in CT/PT chambers and expeditious sealing: As per practice in the field, consumer's main cable is connected to the HPSEBL main service cable inside the CT chamber in case of LT metering. CT/PT chamber being of close construction and joint being a weak link in the cable tends to heat up and the heat is not dissipated to the atmosphere, it ultimately results in overheating the joint and causes damage to it. CT/PT chamber seals are broken frequently in order to attend to the complaints of failure of supply due to overheating and damage to the joints. Such seals are not affixed promptly and sometimes they are not affixed for weeks/months together. Thus over-heating and damage to the joints and consequently breaking of CT/PT chamber seals allows the unscrupulous consumers a free access to the CT/PT connections for indulging in theft of electricity by tampering with the CT/PT connections. Therefore, jointing should be perfect. 43.5 In order to avoid disengagement of potential leads which are connected at the joints following measures may be taken: - i) Remedial measures: The joint between HPSEBL service cable and consumer's main cable shall be taken out of the CT/PT chamber on load side. For the existing connections these maybe done in a phased manner, and for new connections, the joints must be made outside CT/PT chamber at the time of releasing the connections. Drawing showing correct arrangement shall be circulated to the concerned officers from time to time. ii) The PT connections shall be made by cutting insulating material of each phase of PSPCL Service Cable inside the CT/PT chamber and these maybe soldered so as to ensure solid connections. 43.6 Measures to avoid fake seals etc:- To avoid Theft of electricity by tampering / providing fake M&T seals, tampering meter window glass fixing mechanism and providing small hole in the body of the meter, measures as under are required to be taken:- i) The instructions regarding affixing paper seals maybe rigidly followed by all the officials/officers concerned. ii) Impression of M&T seals may be stamped on the corners of the meter index plate with indelible ink so that it can not be rubbed off. iii) M&T seals shall be of multifarious impressions and shall be properly pressed by using the latest technique like hydraulic pressing etc. The sealer with hydraulic pressing dies shall be kept in steel chamber in M&T Lab having double locking arrangements. In no case, the officers/officials shall be allowed to have access to sealing-pliers/hydraulic pressing dies after the office hours or during holidays. iv) M&T seals of the meters transferred from the jurisdiction of one M&T Lab to other shall be replaced by the M &T Lab in whose area meters are to be installed. No sealer for M&T seals shall move with the employee even on transfer and shall be kept in a locker with double key system to be maintained in the office of M&T Sub-Divn. v) Energy meters with tampered/fake M&T seals or small holes made in the meter body for the purpose of stealing electricity are replaced indiscriminately by declaring such meters defective with ulterior motives after a short interval of time so as to avoid detection of such malpractices. These meters are returned to M&T Lab. after a long period for repairs and recalibration. Remedial measures against such a course of action are:-


a) Detailed investigations must be carried out in each and every case before the meter is replaced with one or the other plea so as to curb the tendency of indiscriminate replacement of tampered meters. Action shall be initiated against the officer/official who removed the meter and did not return the same to the M&T lab immediately. b) The meters, which are declared defective and are removed must be returned to M&T/S/Divn. within a maximum period of one week. c) Test results of defective meters, before their repair and recalibration, shall be obtained and recorded. The cause of defect shall also be established and recorded. Genuineness of M&T seals shall also be checked and recorded. vi) The locked and nil consumption cases be got investigated by the AE/AEE concerned. 43.7 Energy Consumption Variation register: Careful examination/study of cases of low and appreciable variation in energy consumption shall provide clues for investigating theft of electricity cases. In order to have an effective control/check over the mal-functioning of the meters/theft of energy by properly maintaining/monitoring energy variations registers for different category of consumers, following guidelines shall be implemented strictly. For keeping check on energy variation of various categories, consumption of a particular month shall be compared with consumption of the same month of the preceding year/average consumption of the preceding year/season and if there is variation of ±20%, the same shall be recorded on the energy variation register already in vogue and necessary investigation carried out so as to ascertain reasons for the said variation. 43.8 The naked LT terminals of the distribution transformers including that of the cable may be taped properly and thereafter these joints may be provided with paper seals with the signatures of the AE/AEE. These paper seals may be protected against any type of damage by providing transparent plastic paper suitably. 43.9 Meters and CTs of matching ratio: All out efforts may be made to install the meters and CTs of the same current ratio so as to eliminate the multiplying factor. 43.10 Multiplying factor to be indicated in red ink: Where meters and CTs of different current ratio were/are installed due to reasons of non-availability of matching CTs, the multiplying factor must be indicated in red ink on the consumer case, meter reading book and ledger so that it could be applied correctly. It shall also be written in indelible ink on the meter. AE./AEE/XEN shall have a consolidated record for all industrial and three phase connections in a bound register for all such connections which have multiplying factors. Such register shall be updated whenever there is any change in the meter or CTs.

INSTRUCTION No. 44

Maintenance of Register for checking and detecting theft of Energy Cases:

A Register on the prescribed form ‘Narrative Report on Theft of Energy Cases’ should be maintained in all Sub-Offices, Sub-Division and Divisional Offices for checking and detecting theft of energy cases, wherein the details of theft of energy cases checked and investigated should be recorded, Printed Registers are available for this purpose.

INSTRUCTION No. 45

Operation of Enforcement Wing:


The concerned field officers are required to follow the following points strictly in connection with the surprise inspection of electric connections by the Sr. Executive Engineer (Flying Squad):

45.1 Whenever the Sr. Executive Engineer (Flying Squad) pays surprise check/visit to

area, it will be the responsibility of Executive Engineer/SDO (A.E/A.E.E.) (Electrical) of the area to accompany/ assist him in such a visit/ checking, whenever required by the Sr. Executive Engineer, Flying Squad Unit.

45.2 The required staff as may be requisitioned by the Sr. Executive Engineer, Flying

Squad Unit shall be placed at his disposal immediately on his demand. 45.3 On receipt of the Inspection report of the Sr. Executive Engineer (Flying Squad

Unit) Executive Engineer/Assistant Executive Engineer/Assistant Engineer concerned shall be responsible to recover the amount and take such action as may be called for in the report.

45.4 In case of employees of the HPSEBL, if found guilty of any offence, connected with

the theft of energy or the prima facie case exist against an employee immediately, on receipt of inspection report from the Sr. Executive Engineer (Flying Squad)/ Superintending Engineer/Dy. Chief Engineer (Enforcement & EA), the concerned Sr Executive Engineer/Superintending Engineer will place such officer(s)/official(s) under suspension immediately in case he is competent to do so or shall obtain order from his next superior authority on telephone. For Gazetted Officers telephonic approval of Head of the Department shall be obtained. The charge sheet etc. will be framed by the competent authority on receipt of the Inspection report from the Sr. Executive Engineer, Flying Squad Unit.

45.5 Where it is found that fictitious readings are recorded by the Meter Reader, he

should, on receipt of inspection report/order from Sr. Executive Engineer (Flying Squad)/Chief Engineer (Commercial), be placed under suspension by the concerned Executive Engineer.

45.6 All the HPSEBL’s employees energy meters as per Instruction No. 23 of Sales

Manual be sealed by the concerned Assistant Engineer/Assistant Executive Engineer, after satisfying himself that the phase and neutral connections of the energy meters are in order. In case later on, if the P & N connections of energy meters are found in reverse order, the official should be held responsible for it and suitable action taken against him.

45.7 It may also be made obligatory that after release of connections to HPSEBL’s

employees, meters must be sealed within 15 days by the Assistant Engineer/Assistant Executive Engineer.

45.8 In the case of the other consumers, action as required under rules shall be taken

by the Sr. Executive Engineers/ Assistant Engineers/ Assistant Executive Engineers Immediately. In no case they should wait for the Inspection Report.

45.9 The reports of the Installation Inspectors, whenever desired by the Sr. Executive

Engineer (Flying Squad) along with assessment as prepared by them, will be placed at his disposal also.


45.10 As per Instructions issued, proper accounting in ledger for the connections of HPSEBL Offices/Complaint Offices/Call centers/Sub-Stations/Work-shops etc. should be ensured and in case it is found that such connections are unauthorized; these shall also be treated as theft cases and official/officer in charge shall be held responsible for such direct connections.

45.11 For enquiring into theft of energy cases, the job shall be entrusted only to officers

of HPSEB Ltd., authorized by the H.P. Government as are listed under instruction No. 42.3

INSTRUCTION No. 46

Grant of Incentives to the persons for giving information regarding theft of energy:

46.1 In order to detect the theft/pilferage of energy and to minimize the transmission and distribution losses, HPSEBL has introduced two schemes of cash reward for members of public and the employees of the HPSEBL who furnish concrete information regarding theft/ pilferage of energy and tempering of meter etc. The purpose of these schemes is to curb theft of energy by the unscrupulous elements amongst the consumers. 46.2 Scheme No-1

The scheme covers the members of general public and those employees of the

HPSEBL who are not In charge of detection of such offences. Under this scheme, the informer giving information and leading to detection of thefts of energy and resulting in additional revenue realization to the HPSEBL will be eligible for cash reward as under:-

1 Domestic & single phase Commercial/ NDNCS/ TMS Connections

10% of the amount realized.

2 Three phase commercial, NDNCS, SIPS, MIPS, LIPS, IDWPS, BS,SLS, TMS Connections

15% of the amount realized

46.2.1 The reward shall be given after the theft is established and the revenue

becomes final, settled and collected. 46.2.2 Where the information leading to the detection of theft does not bring in

any additional revenue to HPSEBL, an amount not exceeding Rs.300/- depending upon the seriousness of the case be given as reward to the information within one month from detection of the theft.

46.2.3 The identity of the informant will be kept secret and will not be divulged

even to the officer of the HPSEBL who is deputed for investigation. The informant has to furnish full particulars of the consumer, nature of offence committed and its modus operandi directly to the following officers of the HPSEBL. The information can also be handed over to them in person by the informant between 2.00 PM to 3.00 PM in their office on any working day.


(a) Director (OP), HPSEBL, Vidyut Bhawan, Shimla. (b) Director (F&A), HPSEBL, Vidyut Bhawan, Shimla. (c) Chief Engineer (Commercial) ,HPSEBL, Vidyut Bhawan, Shimla

46.3 Scheme No-II

46.3.1 This scheme will cover the HPSEBL employees who have been assigned the

duties of detection of theft/ pilferage of energy and meter tempering etc. Those employees who display ingenuity and skill in the detection of theft cases will be eligible for cash reward not exceeding half the amount of reward specified under the first scheme mentioned above. Where the detection has been made by two or more employees acting together, the amount will be shared among them in such a manner as the Director (Op.) and the Director (F&A) may decide.

46.3.2 Employees who consider themselves eligible for a reward under the scheme

shall submit their applications directly to the Director (Op.) by name. In both the schemes, all decisions shall be taken by the Director (Op.) and Director (F&A).

46.3.3 The reward is purely ex-gratia. The decision of the Director (Op.) & Director

(F&A), regarding quantum of reward and the persons to whom payable etc. will be final

INSTRUCTION No. 47

Issue of Identity cards to Flying Squad unit, Meter Inspectors and Officers/ Field Technical Staff under Operation wings:

47.1 Our Inspection Officers may some-time find it difficult to enter the premises of a consumer for checking out equipments as they are not known to the consumers. In view of the nature of their duty the officers are some-time put in very awkward situation as they cannot carryout their duties for fear of prosecution or trespassing etc. 47.2 Keeping in view the above difficulty, the identity cards should be issued by the respective Controlling Officers to the Executive Engineers (Flying Squad) their staff, the Meter Inspectors and other officer assigned the duty of inspection of consumer premises, bearing the name/designation and photograph of the Inspecting officers and suitable notice authorizing the officer/official to access to the consumers premises in accordance with Clause 7.3 of Electricity supply code 2009 and section 135(2) of the Electricity Act 2003. The specimen copy of the identity card is given:


Specimen Identity Card:

HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED

Er. ___________________ is hereby authorized by HP State Electricity Board Ltd., to enter any premises under Section 135, 163 of the Electricity Act, 2003 and clause 7.3 of the Supply Code,

for doing inspections, checking of energy meters, examining or investigation, incidental to the exercise of powers or performance of the duties by the HPSEB Ltd. under this Act.

Holder’s Signature ------------

Name: Er. _____________

Design: ___________________ Address: ___________________

___________________

Controlling Officer

INSTRUCTION No. 48 Duties and Function of Enforcement Unit:

The HPSEB Ltd., has prescribed the following duties and functions to ASE/ Sr. Executive Engineer, Flying Squad units: 48.1 Vigilance The Activity has the following aspects:

48.1.1 To keep an eye on the activities of consumers for possible prejudicial use of supply/equipment.

48.1.2 To watch for public satisfaction so that the good image of the organization

is maintained.

To implement the above aspects:-

48.1.3 The Sr. Executive Engineers, Flying Squad are to check energy meters of consumer’s premises, energy bills and other records in the Sub-Divisions.

48.1.4 To investigate the complaints received in the HPSEBL’s office /Call

centers concerning to pilferage of energy/ Theft/ Unauthorized use etc.

48.2 Intelligence To detect the involvement of HPSEBL’s officials/ officers, in giving undue favour to consumers by improper billing, wrong readings and in committing theft of energy, acts of omissions on the part of officials/officers due to negligence of consumer service or non-recovery of HPSEBL’s dues are also to be looked into.

48.3 Enforcement 48.3.1 As per Clause 7.3 of Electricity Supply Code 2009, Section 135 & section 163

of Act, HPSEBL’s officers have the right to enter the premises of the consumer to

Space for Stamp size

photograph


keep an eye as to whether the provisions of relevant Acts, Rules and Agreements/Conditions of Supply are adhered to.

48.3.2 All irregularities noticed are to be brought out to the notice of all concerned officers of operation wing to ensure removal of such irregularities and recovery of dues and penalties as per rules.

48.4 In addition to above, the following specific duties are also to be performed by the Flying Squad units:-

48.4.1 Detection of un-authorized extensions of load at the premises of all categories of consumers.

48.4.2 Detection of inaccurate registration of energy by meters/ metering equipment due to wrong/incomplete connections.

48.4.3 Detection of all other reasons leading to leakage of revenue.

48.4.4 Checking of peak load running of industries.

48.4.5 Investigation of complaints received in local office /complaint office or call center, with respect to suppression of seniority in grant of connections, demand of illegal gratification etc.

48.4.6 Each Flying Squad unit is to check at least 1200 Nos. connections of all categories during a year.

INSTRUCTION No. 49

Responsibility of Field Staff to Check “Theft of Energy”:

49.1 The field officers/officials who are required to check and seal the meter equipment should take due care while affixing seal to the meter/metering equipment.

49.2 The checking of following number of minimum connections in a year by the

A.Es/A.E.Es/ XENs incharge of the Sub Division has been made obligatory by HPSEBL. Compliance reports for the same shall be sent to the next higher authority every quarter with a copy to the Chief Engineer (Commercial).

49.3 The inspection works shall be so planned so as to spread it evenly over all the four quarters of the year. Further, it may also be ensured that all 11 KV and above connections are checked by the Sr. Executive Engineer at least once in three months.

Responsibility of Field Staff to Check “Theft of Energy”

Large supply With connected load

Small & Medium supply and IDWPS

Bulk Supply Connections

Other categories

101 to 500KW

Above 500KW

Sr. Executive Engineer.

25% 50% 10%

50% 1%

AE/AEEs/EE 50% 100% 25%

100% 5%


SECTION VI

Miscellaneous Instructions

INSTRUCTION No. 50

Procedure to be followed in the submission of a copy of the Judgment of a Court to Head Office (ED Personnel):

In order that the interests of the HPSEB Ltd., are not jeopardized by any delay in procuring a copy of the judgment of a court, the following procedure should be adopted:-

50.1 Normally a copy of the judgment should be obtained and submitted

to the Head Office by the Officer of the HPSEBL, who is responsible for the conduct of the case, within two weeks from the date of pronouncement of the judgment.

50.2 Where the judgment is against HPSEBL it must be ensured that a

copy of the judgment reaches the Head Office within a week without fail so that necessary action be taken to file an appeal or a revised application as the case may be.

50.3 The judgment/orders should also include the order/judgments

passed by CGRF, Ombudsman and Commission.

INSTRUCTION No. 51

Intimation of Shut down of Supply:

51.1 Whenever it is found necessary to shut down either a section or the

whole of the supply system timely intimation on prescribed Form CS-27 should invariably be given to the consumers, particularly the important localities or a number of town/villages at least 24 hours in advance and the planned shutdown should not exceed 12 hours a day. A prior intimation should also be sent to the Executive Director (Personnel) of the HPSEB Ltd. for getting the same broadcast over the A.I.R. and published in the news papers for the information of public.

51.2 It should, however, be made known to the consumers that the

intimation is sent to them just to avoid inconvenience to them and will not be responsible in the event of any omissions to do so or in the event of non-receipt of such intimation by them.


Instruction No. 52

52.1 Improvement of Power Factor:

In order to minimize the transmission and distribution system losses in electrical system, it shall be the obligation on part of both the licensee and the consumer to maintain own average monthly power factor, as may be provided in the relevant tariff order. The power factor at any point of Industrial Supply must not be less than 0.9 (lagging), and in the event of the said power factor being found to be less than 0.9, the consumer shall be liable to pay p.f. surcharge as per the Schedule of Tariff and in case of the p.f. being found to be less than 0.85, he is liable to have his installation disconnected from the HPSEBL supply system. It is, therefore, obligatory on the part of all the industrial consumers to ensure a minimum Power Factor of 0.9 so that the supply system of HPSEBL is not adversely affected and the supplier is saved of the unnecessary financial loss. Static shunt capacitor by virtue of being most convenient in handling and operation is the most suitable and simple device for achieving this objective. Improvement in Power Factor not only discharges the legal obligation of the consumer but also has a handful of benefit both to consumer as well as to the supplier. Only the consumers with inductive loads are required to install shunt capacitors, other industrial loads like synchronous motors and resistance furnaces etc, which otherwise maintain high power factor are not covered under these instructions.

52.2 Benefits and Economics of Capacitors:

56.2.1 In addition to ensuring a better supply voltage and reduced fluctuations at consumer’s end, power factor improvement would also help HPSEBL in relaxing much of the restrictions on working hours of the connections and grant of new connections from the available plant capacity resulting into enhanced production.

52.2.2 Improvement in power factor is of vital importance from the consumer’s point

of view as it results into a very substantial saving in his monthly energy consumption bill. On an average, the cost of the equipment (capacitor), even after meeting with the depreciation and interest charges is paid for completely within a period of about 2¼ years from the date of installation beside additional fringe benefits to the consumers by way of better utilization of installed equipment like distribution transformer, switchgear and cables etc. and by way of deferring the installation of additional capacity.

52.3 Capacitors are sensitive equipment and are liable to early damage if not maintained and operated properly. All the consumers in whose premises the capacitors are installed should observe the guide-lines as under regarding selection, operation and maintenance of capacitors so that these can be utilized most effectively without premature damage.

52.3.1 Choice and rating of capacitors

52.3.1.1 All the Industrial consumers should ensure that capacitor units installed at their premises conform to ISI 2834. The capacitors can be applied across


individual motor or for group of connections. Where the load consists of a number of small or fractional horse power Motors operating at different intervals, it is economical to apply group connections. In case of large motors the capacitors may be applied across each motor individually.

52.3.1.2 For choosing the proper value of shunt capacitors to be installed in a

factory the guidance of local engineer of the firm supplying the capacitors or of HPSEB should be sought.

52.3.1.3 In case of Factories having large rectifiers or arc furnace loads harmonics

are also present with basic load. The application of capacitors in such factories requires special consideration and therefore the type of the load should be specified while ordering the capacitors. Before and after installation of capacitors in such factories, the representative of the firm supplying the capacitors should be consulted because harmonics can damage the capacitors and can also cause higher voltage rise which will damage the other equipment.

52.3.1.4 In cases where humidity is relatively high, the capacitors with a higher

insulation level should be chosen. Insulation level should be of higher range than normally provided. This can be quoted in specification while placing an order with the supplying firm.

52.3.1.5 When it is desirable to improve the power factor of industrial motors or to

have the capacitors also coming on and off with motors e.g. for a factory where major load is of automatically controlled air compressors, the capacitor should be connected in such a way that its reactive out-put is less than or equal to magnetizing KVAR of motor. Over capacity of capacitor is likely to damage motor and capacitor itself due to self excitation of motors.

52.3.1.6 In some cases the consumer may prefer to install a single capacitor for a

group of motors or other inductive loads. In such cases, the capacitor requirement may be worked out on the basis of the total capacity of such motors etc. by treating the total capacity as a single load. The power factor should however be measured at still more frequent intervals so as to ensure that it does not fall down to less than 0.90 lagging.

52.3.1.7 The following are the generally recommended values of Capacitors for

different HP motors keeping in view the above considerations. Capacitors KVAR at different Motor Ratings and Speeds

Motor HP

Speed of motor (RPM)

750 1000 1500

3 2 1.5 1.5

5 3.5 2.5 2.5

7.5 5 4 3

10 6 5 4

15 8.5 6.5 5.5

20 11 9 7

25 13.5 11 9

30 15.5 13.5 10.5


40 20.5 17 14.5

50 25.5 20 18

60 29.5 24 21.5

75 33.5 28.5 25.5

90 40 34 30.5

100 44.5 36 34

120 53.5 43 40.5

130 58 46.5 44

150 66.5 53.5 50.5

160 71 57 54

56.3.1.8 The power factor of motors (without capacitors) adopted for working out

the recommended capacitors ratings given above is as under: -

Table showing original power factor of induction motors of different ratings & speeds (rounded off)

Motor rating in HP

Speed of Motor (RPM)

750 1000 1500

3 0.57 0.65 0.65

5 0.58 0.65 0.66

7.5 0.59 0.65 0.69

10 0.61 0.66 0.70

15 0.63 0.68 0.71

20 0.63 0.68 0.72

25 0.64 0.68 0.72

30 0.65 0.68 0.72

40 0.65 0.69 0.72

50 0.65 0.70 0.72

60 0.66 0.70 0.72

75 0.68 0.71 0.73

90 0.68 0.71 0.73

100 0.68 0.72 0.73

120 0.68 0.72 0.73

130 0.68 0.72 0.73

150 0.68 0.72 0.73

160 0.68 0.72 0.73

56.3.1.9 In case group connection is to be applied and, the initial power factor Cos

Ø 1 is to be improved to Cos Ø 2 the capacitor KVAR required will be as per chart on following: -

Original power factor

Capacitor KVAR required per KW load to improve the original factor Cos Ø 1 to Cos Ø

Cos Ø 1 Cos Ø- 2 0.80

Cos Ø -2 0.85

Cos Ø- 2 0.90

Cos Ø -2 0.95

0.50 0.98 1.11 1.25 1.40

0.52 0.89 1.02 1.16 1.31

0.54 0.81 0.94 1.08 1.23


0.56 0.73 0.86 1.00 1.15

0.58 0.66 0.78 0.92 1.08

0.60 0.53 0.71 0.85 1.00

0.62 0.52 0.65 0.78 0.94

0.64 0.45 0.58 0.72 0.87

0.66 0.39 0.52 0.66 0.81

0.68 0.33 0.46 0.59 0.75

0.70 0.27 0.40 0.54 0.69

0.72 0.21 0.34 0.48 0.64

0.74 0.16 0.29 0.43 0.58

0.76 0.11 0.24 0.37 0.53

0.78 0.05 0.18 0.32 0.47

0.80 - 0.13 0.27 0.42

How to use Table:-

Let the original power factor Cos Ø 1 be 0.64 Desired Power factor Cos Ø 2 0.85 Capacitor KVAR required per KW

load from the above Table 0.58 Load demand of the consumer 500KW

Capacitor KVAR required 0.58x500 290 KVAR 52.4 Guide Lines for Installation of Capacitors:

52.4.1 Capacitors should be installed in well ventilated rooms so that there is adequate dissipation of heat produced by the capacitors. Capacitors should not be installed near source of heat such as arc furnaces and other heating devices etc. because they are liable to get damaged earlier.

52.4.2 The capacitors should be installed on raised dry platforms as dampness

shortens the life of capacitors. 52.4.3 HPSEBL has specified that all motors above 5 BHP load should be connected

through Star-Delta starters when a capacitor is connected to a motor associated with Star-Delta starter, the arrangement should be such that no over-voltage can occur during operation of starter, for this, a 6 terminal Capacitor should be installed. The figure given at DIAG. No. 1 gives connections of 6terminal and 3 terminal capacitors. The consumers while ordering capacitors should specifically mention the requirement of 6 terminal capacitors, when the motor is provided with a Star-Delta starter.

52.4.4 Proper earthing should be provided whenever capacitors are installed

otherwise these can be a source of danger. The outer metallic containers of the capacitor bank should be solidly earthed through independent earth (see DIAG, 1, 2 and 3). It should also be ensured that No ‘LIVE PARTS’ make a contact with casing.

52.4.5 The switches, fuses and where-even some automatic circuit breaking gear is

employed, should be of good quality and have proper contacts. The bad or worn out contacts cause damage to capacitor due to sparking on the contacts.


56.4.5.1 Switches, Cables, CTs should have rating 1.5 times the current rating of capacitors.

56.4.5.2 Fuses should have rating 1.6 to 2 times the current rating of capacitors.

56.4.5.3 Where the rating of feeding transformer is 100 KVA or less, ordinary fuses may be used. For higher rating of transformers HRC fuses may be used.

52.4.6 The switches must be capable to disconnect the entire installation of

capacitor when the electric supply fails even momentarily. For this purpose, switch-gear having no voltage release devices should be provided.

52.4.7 Proper foundations should also be provided where-ever necessary for

capacitors. 52.5 General operation of Capacitors 52.5.1 Temperature, voltage and current limits specified should be strictly adhered

to and only in case of emergency capacitors should be operated at maximum permissible voltage and maximum ambient temperature simultaneously. The maximum permissible voltage is 110% of the rated voltage specified on name plate.

52.5.2 When a capacitor is switched off, its residual voltage falls gradually through

discharge resistance. This voltage must fall to 50 volts or less, before same unit is switched on again. Therefore, it is necessary to wait for at least one minute before disconnected capacitor is again switched on otherwise capacitor is likely to fail.

52.5.3 Discharge resistance should be checked time and again to ensure that these are not damaged or burnt. In case of any damage, these should be promptly replaced.

52.5.4 The cover boxes of capacitors should be occasionally opened to check loose connections, blown fuses and dirt etc.

52.5.5 The capacitors should be saved from attack by insects and corrosive atmosphere.

52.6 For Capacitors provided in group for number of Motors 52.6.1 When the group connection is provided, it is essential that capacitors are put

in circuit according to load requirement for which it is preferable to have two graded capacitor banks of 1/3 and 2/3 capacity. This gradation can provide three steps of 1/3, 2/3 and depending upon if No. 1 and 2 or both banks are switched on each bank should have its separate controlling switch capable of switching on or off the bank according to the requirement.

52.6.2 When there are two or more units, care should be taken that while switching on second unit in parallel with first unit there is sufficient load i.e. current through the mains.

52.6.2 The switches controlling the capacitors should have no volt release to switch off automatically when the supply fails even momentarily, otherwise the capacitors may be switched off immediately by manual operation and put in circuit when motors have been started and loaded.


52.7 Testing of L.T. Shunt Capacitors in case of SP & AP consumers 52.7.1 A very simple arrangement is mentioned below for testing of LT capacitors

installed in case of SP and AP consumers of HPSEB (DIAG. No-4) 3 Nos. 400 volts Neon Lamps should be connected in star and the neutral be left Floating. The other three terminals should be connected to three terminals of L.T Capacitor which is required to be tested. The healthiness of the unit is checked by switching on the supply and then switching it off. If the capacitor unit is healthy, the light of the Neon Lamp will take some time to go off because the capacitor takes some time to discharge, on the other hand if the capacitor is damaged/defective, the Neon Light will go off as soon as the supply is switched off.

52.7.2 This method can be conveniently applied in the field because three Neon

Lamps can be easily fixed on wooden round block. The diagram of the arrangement is enclosed. The LT capacitor installed or to be installed at the SP/AP consumer’s premises may be checked by the field officers for their healthiness with the arrangement.

52.7.3 In order to ensure that the consumers maintain the requisite power factor, the field officers should check the power factor of all the industrial consumers, particularly having loads exceeding 20 KW and for whom Power Factor Surcharge is applicable, at least once half yearly. The average Power Factor shall be measured within the maximum demand and 75% of the maximum demand by means of a p.f. meter or other suitable means. In cases, however, where KVAH meters have been installed, the KVAH meter readings may be taken monthly at the time of taking the energy meter readings and the average power factor in such cases shall be determined by dividing the KWH supplied during the month with the KVAH supplied during the month. The consumers should be advised of the benefits accruing from the better power factor. Such consumers who fail to maintain the prescribed power factor should be served with notice asking them to install the necessary equipment for improving the power factor otherwise their installation would be liable for disconnection. The p.f. surcharge should be continued to be levied for so long as the power factor is not raised to 0.90 percent as per provisions in the tariff.


CONNECTION DIAGRAM OF CAPACITOR

INSTRUCTION No. 53

Authorization of Legal Documents: 53.1 The following Officers are authorized to sign, attest and authenticate any plaint,

application, petition, written statement, replication, affidavit and any other legal instrument or document or power of attorney to any counsel on behalf of the H.P. State Electricity Board Ltd. in connection with any fresh or pending case or


proceedings in any court /Ombudsman/CGRF/Commission or any fresh or pending reference to arbitration by or on behalf of the H.P. State Electricity Board Ltd. 53.1.1 Executive Director (Personnel), HPSEB Ltd., generally for all cases arising on

behalf of or against the Himachal Pradesh State Electricity Board Ltd., in any court or arbitration proceedings within or outside the State of Himachal Pradesh.

53.1.2 All officers not below the rank of Sr. Executive Engineer and above up to

the Chief Engineer in respect of cases/ proceedings arising within their jurisdiction/ Zones.

INSTRUCTION No. 54

To Sanction Dismantlement of Service Connection: 54.1 Following Officers are competent to sanction the dismantlement of service lines

which have remained idle for 6 months or more or where connections have remained idle for less than six months but theft of energy is apprehended:

Chief Engineer Full Powers Superintending Engineer Rs. 5 Lac/- Sr. Executive Engineer/Resident Engineer Rs. 1 Lac/- Sub Divisional Officer (AE/AEE) Rs.10, 000/-

The amount shall be calculated as depreciated value of present market rates on notional basis.

54.2 All the dismantled material should be returned to stores and a monthly report of such dismantlement should be sent to the next higher authority.

Note— In respect of Seasonal Industries the period of six months shall be the period covering the season.

INSTRUCTION NO 55

Distribution Performance Standards HPERC has notified HPERC (Distribution Performance Standards) Regulations, 2010. These standards specified in these regulations lay down the guidelines to maintain certain critical distribution system parameters within the permissible limits. These standards shall serve as guidelines for licensees to operate their distribution system for providing an efficient, reliable, co-ordinated and economical system of electricity distribution. The regulations also specify Guaranteed Standards of Performance with targets for different services. HPSEBL has to be pay compensation to the effected consumers in case of failure to complete the activities within the timelines. The concerned field units should follow the performance standards in letter and spirit.


INSTRUCTION NO 56

Applicability of HPERC(Recovery of Expenditure for supply of Electricity) Regualtions,2005 or 2012. The above instructions with reference to recovery of expenditure have been finalized as per the provisions of current regulations i.e. HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 which have come into force w.e.f. 23.05.2012 (i.e. date of publication in the Rajpatra, Himachal Pradesh). The recovery of expenditure, if any, required to be done in respect of old regulation i.e. HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2005 shall be regulated in the manner as specified in regulation 12 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012.

Instruction No. 57

CEA(Measures related to Safety and Electricity Supply) Regulations,2010 as amended from time to time.

57.1 The Indian Electricity Rules, 1956 has been repealed as now CEA has notified the

regulation under section 53 of Act i.e. CEA(Measures relating to Safety and Electric Supply) Regualtions,2010. The reference to Indian Electricity Rules made while issuing any order or sanction should not be made rather the reference of CEA regulation be made.

57.2 The consumer installation should conform the CEA regulations and each field units

should comply with the safety regulations while releasing the connection to the consumer premises and should fill the relevant inspection reports as per provisions of the regulations on the forms under schedule –IV, whichever is applicable to HPSEBL. The field units should maintain the record as required under these regulations and supply the requisite details to the Electrical Inspector as per requirement under these regulations.

INSTRUCTION NO 58

Overriding effect

These instructions are meant for guidelines to the field units related to supply of electricity to the consumers. These instructions shall be read in harmony with the provisions of Act, HP Electricity Supply Code,2009 as amended from time to time, regulations notified by HPERC/CEA and rules framed by Government under Act. In case there is any conflict the provisions, Act, regulations or rules framed thereunder by the concerned authorities shall prevail.


CONDITIONS OF SUPPLY (Applicable to consumers of H.P.S.E.B. Ltd.)

Title: 1. Definitions: In these Conditions of Supply unless the context otherwise provides: 1.1 ‘Act’ means the Electricity Act, 2003 as may be amended from time to time; 1.2 “A&A Form” means the Application & Agreement form prescribed by the HPSEB

Ltd. as per Clause No. 3.1.1 of the Supply Code; 1.3 “Assessing Officer” means an officer of a State Government or HPSEBL or

licensee, as the case may be, designated as such by the State Government under section 126 of the Act;

1.4 “Authorized Officer” means any officer of the HPSEBL authorized by the State

Government under sub-section (2) of Section 135 of the Act; 1.5 'Commission' means the Himachal Pradesh Electricity Regulatory Commission; 1.6 ‘Consumer’ means any person who is supplied with electricity for his own use by a

licensee or by the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes bulk supply consumer, any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be and shall also include- (a) the consumer whose installation has been temporarily disconnected; (b) prospective consumer i.e. any person who has applied for an electricity

connection and whose supply has not commenced; and (c) in case of death of a consumer, his legal heirs or representatives;

1.7 'Connected Load' Expressed in kW means aggregate of the manufacturer’s rated

capacities of all the energy consuming devices or apparatus connected with the distribution licensee’s service line, on the consumer’s premises, which can be simultaneously used;

1.8 ‘Contract Demand’ expressed in kVA units means the maximum demand

contracted by the consumer in the agreement with the licensee and in absence of such contract, the contract demand shall be determined in accordance with the relevant sections of the applicable Tariff Order and the relevant provisions of supply code;

1.9 ‘Consumer’s Installation” means any composite electrical unit including electric

wires, equipment or apparatus, whether portable or stationary, erected and wired by or on behalf of the consumer at the consumer’s premises beyond the point of commencement of supply;

1.10 ‘Consumption’ means utilization of electricity in kilowatt-hours (kWh) or kilo Volt

Ampere hours (kVAh) as may be relevant to tariff category.


1.11 ‘Circuit Breaker’ means a device, capable of making and breaking an electrical circuit under all conditions, and unless otherwise specified, so designed as to break the current automatically under abnormal conditions;

1.12 ‘Conductor’ means any wire, cable, bar, tube, rail or plate used for conducting

electricity and so arranged as to be electrically connected to a system; 1.13 ‘CEA’ means Central Electricity Authority referred to in section 70 of Act. 1.14 ‘CGRF’ means the Consumer Grievances Redressal Forum constituted by the

HPSEB Ltd. for redressal of grievances of the consumers under sub-section (5) of Section 42 of the Act.

1.15 ‘Demand Charges’ for a billing period shall mean the amount chargeable based

upon the recorded maximum demand in kVA or the contract demand; whichever is higher but up to a ceiling of Contract Demand and shall be calculated at the rates prescribed in the applicable Tariff Order and shall be in addition to the energy charges and other fixed charges wherever applicable.

1.16 ‘Distribution Main’ means, the portion of any main with which a service line is or

intended to be immediately connected. 1.17 ‘Energy Charges’ expressed in Rs. per kWh/kVAh for a billing period shall mean

the amount chargeable in rupees based on the quantity of electricity supplied in kWh/kVAh and as calculated as per the procedure prescribed in the Tariff Order. The demand/fixed charges, wherever applicable, shall be in addition to the energy charges;

1.18 ‘Earthing system’ means an electrical system in which all the conductors and

appliances are earthed; 1.20 ‘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 electricity without danger;

1.19 ‘licensee’ means the distribution licensee authorized to operate and maintain a

distribution system for supplying electricity to consumers in its licensed area of supply;

1.20 ‘Month’ shall mean a calendar month or the billing month as the case may be. 1.21 ‘Meter’ means and includes metering equipment or a set of integrated instruments

used to measure/record singularly or combined electrical parameters including electrical energy and electrical power both in kWh/kVAh during a given period ;

1.22 'Monthly average power factor' shall mean the ratio expressed as a percentage

of total kWhs to total kVAhs supplied during the month, the ratio will be rounded up to two figures, value of 5 or above in the third place being rounded off to the next higher value in the second place;


1.23 ‘Notified Voltage” means the voltage level notified by HP Govt. for the purpose

of Self Certification under Regulation 30 and 43 of CEA( Measure relating to Safety

and Electric Supply) Regulations, 2010 and its amendments;

1.24 ‘Ombudsman’ means an authority appointed or designated by Commission for redressal of grievances not redressed by CGRF under sub-section (6) of Section 42 of Act;

1.25 ‘Power Factor’ means the ratio of the real power to the apparent power

consumed during a month, the ratio being rounded off to two decimal figures;

1.26 ‘Point of commencement of supply’ means the outgoing terminal of the meter in case of LT consumers and incoming/outgoing terminal of the switchgear that may be installed by consumers, irrespective of the point of metering, in case of HT or EHT consumers, unless otherwise agreed to;

1.27 'Premises' means land, building or infrastructure or part or combination thereof in

respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;

1.28 ‘Service Line’ means any electric supply line through which electricity is, or is

intended to be, supplied – (a) to a single consumer either from a distributing main or immediately from

the Distribution Licensee’s premises ; or

(b) from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main;

1.29 ‘Self Certification’ means a certificate issued by a supplier or the owner in the

prescribed format as required under regulation 30 and 43 of CEA( Measures relating to safety and electric supply)Regulations,2010 and its amendments

1.30 ‘Rules’ shall mean the Electricity Rules made under Act by Appropriate Government; 1.31 ‘Supply Code’ means the Himachal Pradesh Electricity Supply Code, 2009, read

with its amendments from time to time.

Words or expressions used herein but not defined in these Conditions shall have the meanings assigned to them in the Act or the rules and regulations made there under or the Supply Code and if not specifically defined therein then same shall have meanings as are generally understood in the electricity supply industry 2. Duty of HPSEBL to Supply electricity on request.

The HPSEB Ltd. is obliged to supply electricity to an applicant within the time limits and as per other conditions specified in HPERC (Licensees Duty for supply of electricity) Regualtions,2004

3. Standard Supply Voltage and Classification of consumers:


3.1 Standard Supply Voltage: Depending upon the connected load (kW) of a consumer, the supply to the consumer shall be given at the following standard voltage (volts / kV) and phase as may exist on the relevant distribution system:-

3.1(A) The standard supply voltage shall mean the standard voltage at which electricity shall be given to the consumer through a common or dedicated or joint dedicated feeder without payment of any lower voltage supply surcharge (LVSS). Depending upon the connected load(kW or MW), contract demand (kVA or MVA), nature of load and existence of a voltage (volts/kV) and phase in the relevant distribution system, the standard supply voltage for a consumer shall be as provided in clauses (a) and (b) of this sub-para and sub-para 3.1(C)-

(a) The maximum limits of connected load (kW or MW) and contract demand (kVA or MVA) for the supply of power at a voltage, shall be as under—

Sr. No.

Standard Supply Voltage Maximum Connected Load


1 Single phase 230 volts or three phase 415 volts or 2.2 kV; (for supplies not involving special category loads)

50 kW 50 kVA

2 Three phase 11 kV or 22 kV; (for supplies not involving special category loads).

3 MW 2.2 MVA

3 Three phase 33 kV 12 MW 10 MVA

4 Three phase 66 kV 14 MW 12 MVA

5 Three phase 132 kV or 220 kV No limits

Provided that where special category loads are involved, the standard supply voltage shall be 11 kV or 22 kV, as may exist on the relevant distribution system, if – (i) the total connected load does not exceed 1 MW, irrespective of special category loads; or (ii) the total quantum of connected load in respect of special category loads does not exceed 750 kW within the overall limit of total connected load upto 3 MW and total contract demand upto 2.2 MVA:

Provided further that, if neither of the limits given in the first proviso, in relation to supplies involving special category loads, are adhered to, the standard supply voltage shall be 33 kV or the appropriate higher voltage in accordance with the limits specified in this clause:

Provided further that where a consumer having connected load of not more than 50 kW is already getting supply at LT voltage immediately before commencement of the Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014, he shall continue to be covered under a LT standard voltage (i.e. single phase 230 volts or three phase 415 volts) irrespective of contract demand already sanctioned in his favour, so long as he does not further extend his connected load or contract demand beyond the specified limits of 50 kW or 50 kVA respectively:


Provided further that where a consumer is getting supply at a voltage higher than the standard supply voltage as per the said specified limits, he shall continue to get supply at such higher voltage without any rebate for higher voltage supply.

(b) Where the connected load or contract demand exceeds the relevant ceiling limit specified in clause (a), the appropriate higher voltage at which both such limits can be adhered to, shall be considered as standard supply voltage and there shall be no minimum limits for supply of power at a particular voltage. 3.1 (B) Where the consumer seeks supply of power at a voltage lower than the standard supply voltage as per sub-para 3.1(A), HPSEBL shall supply power at such lower voltage subject to the maximum limits of connected load and contract demand as specified in this sub-para; payment of lower voltage supply surcharge (LVSS) by the consumer at the rates given in the relevant tariff order applicable from time to time; and other conditions, as may be relevant, specified in this subpara or in sub-para 3.1(C) or as per the provisions of H.P Electricity Supply Code:-

Sr. No.

Supply Voltage Description Maximum Connected Load


1 11 kV (for supplies not involving special category loads)

a) If 22 kV or 33 kV voltage level exists in the relevant distribution system.

5 MW 4 MVA

(b) If 22 kV or 33 kV voltage level does not exist in the relevant distribution system.

6 MW 5 MVA

2

22 kV (for supplies not involving special category loads)

a) If 33 kV voltage level exists in the relevant distribution system.

6 MW 5 MVA

b) If 33 kV voltage level does not exist in the relevant distribution system

7 MW 5.5 MVA

3 33 kV a) If 66 kV voltage level exists in the relevant distribution system.

15 MW 12 MVA

b) If 66 kV voltage level does not exist in the relevant distribution system.

18 MW 14 MVA

4 66 kV a) Through a common or dedicated or joint dedicated feeder

18 MW 14 MVA

b) Through a dedicated or joint dedicated feeder

30 MW 24 MVA

Provided that all such supplies, excepting the same at Sr. No.4(a), shall be given through dedicated or joint dedicated feeders only and that in case of Sr. No. 4(a) the supply shall be given through a common or dedicated or joint dedicated feeder: Provided further that in case of supply involving special category loads, the same shall be given at 11 kV or 22 kV subject to further conditions that the total connected load in respect of the special category loads does not exceed 1.5 MW within the total connected load upto 3 MW and contract demand upto 2.2 MVA and that the supply is to be given through a dedicated feeder or a joint dedicated feeder emanating from EHV sub-station:


Provided further that if the conditions given in second proviso, in relation to the supplies involving special category loads, are not adhered to, the supply shall be given at 33 kV or at appropriate higher voltage depending on the total connected load and contract demand: Provided further that the provisions of this sub-para, shall be further subject to the following condition:--

(i) that the voltage regulation limits shall have to be adhered to while deciding the supply arrangements;

(ii) that in case of special category loads and other such loads which can cause disturbances in the power distribution system, the consumer shall provide suitable protection equipments as per the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and other prudent practices to adequately insulate the distribution system from the disturbance caused by such loads;

(iii) that the consumer already getting supply at higher voltage (as on 16.06.2016) as compared to the standard supply voltage or the limits given in this sub-para, shall not be entitled to any higher voltage supply rebate; and (iv) that in cases of joint dedicated feeder, the limits of maximum connected load and maximum contract demand as per this subpara shall be applicable for the summation of the connected loads and contract demands of both the consumers.

Explanation.—For the purposes of this sub-para,-- (a) “dedicated feeder” means the electric supply line emanating from the sub-station of the licensee through which electricity is, or is intended to be, supplied to a single consumer; and (b) “joint dedicated feeder” means the electric supply line emanating from the substation of the licensee through which electricity is, or is intended to be, supplied to two consumers.

3.1(C) (i) Where the contract demand has not been applied for or sanctioned, the limit

corresponding to 90% of the connected load (in kW) converted into kVA by adopting power factor of 0.9 shall be deemed as the contract demand. (ii) The supply shall be made at the minimum voltage level at which all the relevant limits and conditions are adhered to. However, if the consumer opts for supply of power at a voltage higher than the standard supply voltage, the licensee shall allow the same excepting the cases in which there may be some constraint. (iii) Where the connected load or contract demand is to be enhanced, the standard supply voltage under sub-para 3.1 (A) and the supply voltage under sub-para 3.1 (B) shall be redetermined as per the provisions under the said paras based on enhanced connected load and enhanced contract demand. Explanation.-- For the purposes of sub-paras 3.1(A) and 3.1(B), “special category loads” means furnace loads and mass induction heating loads and shall also include any other load as the Commission may, after taking into consideration electrical characteristics and its impact on the distribution system, by order, declare it to be a special category load.”

3.2 Classification of Consumers:


The consumers are classified as per Schedule of Tariff and Schedule of General and Service Charges approved by the Commission and at present the consumers are classified as Domestic Supply(DS), Commercial Supply(CS), Non-Domestic Non Commercial Supply(NDNCS), Small Industrial Power Supply (SIP), Medium Industrial Power Supply(MIP), Large Power Supply(LIP),Irrigation &Drinking Water Pumping Supply(IDWPS), Bulk Supply(BS), Street Light Supply(SLS), Temporary Metered Supply(TMS) & Railway Traction. The Tariff and other conditions applicable for each category of consumers in the tariff order or other related regulations fixed by the Commission from time to time .

In case the consumer has been released connection for a particular category but he is actually availing the connection for different category ( e.g. connection released for Domestic whereas running commercial shop etc.) ,HPSEBL shall have the right to reclassify a particular consumer or a category of consumers applicable to him as per schedule of tariff and the consumer in such case shall be liable to pay the various charges as per the schedule under which he has been reclassified in addition to the penalty under section 126 of Act wherever applicable( Ref. Para 6.1.1 of supply code).

4. Application and Agreement for Supply of Electricity: 4.1 The owner or occupier of a premises requiring supply or additional supply of

electricity or change in contract demand will submit an application on the application and agreement form (CS-1(a)) / (CS-1(b)) prescribed by HPSEBL. The Application and Agreement Form can be obtained free of cost at the designated offices of the licensee and is also available on its website. The list of other supporting documents and their format(s), to be submitted by the applicant for release of new connection/ change of name, as the case may be, will be available in the designated offices of the licensee and the list of documents can also be downloaded from the HPSEBL website. Application complete in all respects and duly signed by the consumer shall be presented to the designated office of HPSEBL for registration of application and acknowledgment thereof shall be obtained. The consumer may, if he considers it expedient to do so, make online application to the licensee and deliver by post or by hand delivery the hard copy of the original Application and Agreement Form, alongwith the enlisted documents, to the licensee at its designated office.

In case the contract demand for new or for additional load is more than 100 kVA, the consumer has to enclose feasibility clearance /Power Availability Certificate (PAC) along-with the A&A form.

The applicant will have to deposit the initial security and the amount towards recovery of expenditure for supply of electricity as per HPERC (Recovery of expenditure for supply of electricity), Regualtions,2012 as amended from time to time after sanction of the load. In case of HT /EHT connection, or where the load is to be released on dedicated feeder, the estimate for HT/EHT line may either be prepared after issuance of PAC or after sanction of load as decided by the consumer and the field units of HPSEBL in order to execute the work simultaneously with installation of plant and machinery so as to release the connection in a time bound manner.


4.2 Arranging way leaves: Where the applicant has no frontage abutting a public street and where the service line has necessarily to cross over or go under or through other property, the applicant, if so required by HPSEBL, obtain the necessary way leaves and permission at his own expense and continue them as long as supply is to be maintained, however, the way leaves or permission be withdrawn, the supply will be disconnected without any notice.

4.3 One connection in one premise: 4.3.1 Generally one connection is released to one premises except in case of domestic

consumers where, one separate connection is released to each dwelling unit. If consumer requests for separate connection in the same premises, it shall be allowed as additional load to already existing connection. If a portion of residential premises is regularly used for any commercial activity, the consumer will be required to obtain a separate connection under Commercial category for the portion put to commercial use. In such an event, two connections, one under Domestic Supply (DS) and the other under Commercial Supply (CS) will be required.

4.3.2 Whenever, an existing consumer applies for a new connection in the same premises i.e. even having independent shed/unit/piece of land having separate plot No. etc., in his name, it shall not be allowed. Such consumer shall be asked to apply for extension in existing load only. However, if new connection is applied is in the name of a new firm/company, of which the existing consumer is a Director/Partner, the connection could be allowed only if the premises are distinctly and physically separated/ partitioned and the premises in question are legally transferred, sold or leased out to a new unit and appropriate entry to this effect exists in relevant records of concerned revenue authorities, so that it is not possible to utilize electricity from one premises to other in the event of one of the connection having been disconnected due to default, it cannot be run from the other connection by making temporary arrangements. However, in case the Industry Department has approved another unit of same group or company adjacent to the industrial plot or piece of land adjacent to the existing premises where connection exists as separate identity and product line etc., the same should be allowed as new connection by HPSEBL provided the premises are different.

4.3.3 With a view to arrest and prevent illegal and unauthorized construction within the

limits of Municipal Corporation and or Municipality and or Notified Area Committee and or the Planning Areas covered under the HP Town and Country Planning Act 1977, no new connection, temporary or permanent even for the construction purpose be released until and unless the prospective consumer (s) produce a certificate from the Corporation/ Municipality/ Notified area committee/ appropriate authority or other competent authority to the effect that the construction is an authorized one.

5. Supply of Electricity to residential colonies either developed by HIMUDA

or Pvt. Developers/Promoters/Builders with registration and licence from Competent Authority i.e. Director Town & Country Planning, HP:

5.1 Most of the residential complexes /colonies are covered under domestic

tariff for which single part tariff is applicable. The Power Availability


Certificate shall be issued based on connected load in kW and not as per contract demand as demand in this case is same as connected load.

5.2 The builder/developer/promoter of residential complexes should have valid

registration certificate issued in their favor by the competent authority i.e. Director, TCP, HP. The builder/developer/promoter of residential complexes should have valid license issued by Director, TCP for the specific location or completion /part completion certificate issued by Director, TCP in case the project is partially completed. The criteria for obtaining licence for construction of apartments and buildings and hence issuance of PAC is as per HP TCP Act,1977 ( Ref. Section 2(c), 2(z) and section 78 of TCP Act).

5.3 The load shall be verified/assessed (as the case may be) by the concerned

Sr.E.E., Electrical Division of HPSEBL and accordingly feasibility of feeding the load including voltage regulations shall be examined by the concerned field units.

5.4 No connection shall be released to the apartments/colonies without

necessary NOC by Director TCP, HP.

5.5 The builder shall bear the entire charges and/or costs for the infrastructure development under Sub-regulation (2) to (9) or sub-regulation (3) and (9), of regulations 5 of HPERC(Recovery of expenditure for supply of Electricity)Regualtions,2012. The concerned field units shall take up the execution of such works only after receiving the entire amounts, excepting those for the adjustments for the difference between estimated costs and actual costs under regulation 5(9) of HPERC (Recovery of expenditure for supply of Electricity) Regualtions,2012. The builder will have to bear the entire cost of required infrastructure which may include construction of new substation, augmentation of existing substation, erection/ augmentation of HT line, erection of LT line with distribution main.

The individual allotees shall pay the cost of service lines and other works as per regulation 4 and /or regulation 17 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 as amended from time to time. The Normative IDC will not be recovered for individual connections who have been allotted the residential flats/house etc. by the builder/developers who have already deposited the entire cost of infrastructure covered under Regulation 5 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 and its amendments.

6. Acceptance of Application and Agreement Form:

The acceptance of the application & agreement form, and other formalities required to be completed by the consumer, shall be communicated to the consumer in the prescribed ‘Demand Notice’ and along-with copy of load sanction order indicating the codal formalities to be completed by the consumers and to deposit the charges towards initial security and chargers toward recovery of expenditure for supply of electricity as per HPERC(Recovery of expenditure for supply of electricity) Regualtions,2012 as amended from time to time. Upon making good the deficiencies and the completion of the codal formalities as indicated in the demand notice by the consumer, the licensee shall release the new electricity


connection/additional load to the premises of the applicant as per the procedure laid down in the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity) Regulations, 2004, within the period specified therein.

7. Security Deposit and Meter Rent 7.1 Security Deposit:

7.1.1 An applicant who requires a supply of electricity or re-commencement of power after permanent disconnection or for change of name (wherever applicable) or sanction of additional load, HPSEBL shall require the consumer to deposit with HPSEBL Security Deposit on demand notice which shall be determined as per the HPERC (Security Deposit) Regulations 2005, as amended from time to time for the payment to HPSEBL of all the monies which may become due to him –

(a) in respect of the electricity supplied to such person; or/and (b) Where any electric line or electrical plant or electric meter is to b e provided for supplying electricity to such person, in respect of the provision of such line or plant or meter. If applicant fails to give such security, HPSEBL may refuse to give the supply of electricity or to provide the line or plant or meter for the period during which the failure continues.

7.2 Mode of payment of Security Deposit

i) The consumer shall, at all times maintain with HPSEBL an amount equivalent to consumption charges for the billing cycle period, as security during the period the agreement for supply of energy to such consumer remains in force.

Provided that where billing cycle is changed the security deposit shall be reduced/increased on pro -rata basis.

ii) If any person is prepared to take the supply through a pre-payment meter, HPSEBL shall not collect the security deposit in respect of the electricity supplied to such person:

iii) The initial security deposit payable at the time of releasing the supply shall be at flat rates as mentioned in regulation 5 of HPEC(Security Deposit) Regualtions,2005.

iv) Where the amount of initial security deposit payable at a time i.e. at the time of release of new connection or for sanction of additional load exceeds Rupees ten lacs, the consumer may opt to furnish such deposit in shape of bank guarantee and may continue to avail the facility of bank guarantee.


v) The consumers who have already furnished the initial security deposit in shape of bank guarantee may also continue to avail the facility of bank guarantee irrespective of the amount of deposit.

vi) The amount payable by the consumer towards the additional Deposit under these Regulations shall also be in the form of cash/demand Draft (DD) drawn in favour of HPSEBL.

vii) The consumers who have furnished the initial security deposit in shape of bank guarantee as per the provision under HPERC(Security Deposit) Regulations,2005, or where the amount of additional security deposit payable by the consumer at a time exceeds Rupees ten lacs, the consumer shall have the option to furnish such deposit in shape of bank guarantee.

viii) The consumer shall get, or cause to get, at least sixty days before the expiry of the validity period, any bank guarantee(s) furnished by him, extended for a minimum period of next three years at a time.

In case a consumer fails to renew any such bank guarantee, as referred to above, within the validity period, the licensee shall recover the corresponding amount from the consumer in shape of cash/demand draft and such consumer shall not be entitled to avail the facility of bank guarantee for any future security deposit for a period of three years from the date of expiry of the validity of such bank guarantee.

ix) The Security deposit furnished in shape of cash/demand draft etc. shall not be refunded for facilitating its conversion into bank guarantee at any subsequent stage

x) The consumer has to maintain security equivalent to the energy bill as per billing cycle. The HPSEBL may revise the security and can demand additional security based on monthly average consumption, revision of tariff, additional load with additional demand, additional contract demand etc.

xi) HPSEBL shall carry out the credit rating of the consumers based on the uniform criteria as per regulation 9 of HPERC(Security Deposit) Regualtions,2005. In respect of the consumers credit–rated as poor by HPSEBL, the adequacy of the amount of security deposit viz- a-viz the charges for the period equivalent to summation of the billing cycle and additional one month, shall be reviewed by HPSEBL generally once in every year (preferably after revision of tariff for the respective year), based on the average consumption for the period representing 12 (twelve) months from April to March of the previous year.”

In case the consumer fails to deposit the additional security so

demanded by HPSEBL within 30 days, the consumer shall be charged interest @ 10% per annum on the unpaid amount which is without prejudice to the right of HPSEBL to disconnect the supply of the consumer.

7.3 Interest on the Security Deposit of the Consumer


Interest at the rate equal to the weighted average of actual Bank Rate(s) for the previous year fixed by the Reserve bank of India during any of the financial year shall be payable on Security of Rs. 100/- and above on the security deposits in the shape of cash with HPSEBL, provided no interest shall be payable if a connection is disconnected within a year of giving supply. The interest shall be paid/adjusted in the bill of July each year. The order of rate of interest shall be issued by HPSEBL in each year separately.

7.4 Meter Equipment and Meter Rent:

The HPSEBL will supply the meter and/or metering equipment to the applicant at the time of release of a new connection or at any other time as required by the consumer who will pay the monthly rental for such equipment at rates approved by the Commission and specified in the Schedule of General Service Charges applicable from time to time. The consumer may, if he so elects, obtain his own meter and / or metering equipment of the make(s) and specifications, as per the Central Electricity Authority (Installation and Operation of Meters) Regulations,2006 and the same, after getting duly tested and sealed at the licensee’s laboratory, be installed by the licensee. In such a case the licensee will not charge any monthly rental for the meter/metering equipment and it shall, after it is permanently removed from the licensee’s system, be treated as the consumer’s asset.

8. Inspection and Testing of Consumer’s Installation: 8.1 Submission of Wiring Test Report:

The Wiring Test Report is a part of Application and Agreement form and it is to be submitted simultaneously at the time of application for electrical connection or additional load. However, in some cases, where minor electrical installation is still to be completed and /or the testing by licensed wiring contractor is to be done, the Test report may be submitted just after sanction of load by the competent authority.

8.2 Before any wiring or apparatus at consumer's premises is connected to the

HPSEBL's supply system for new connection, additional load or recommencement of supply after shut down for six months, the same shall be subject to inspection and approval as below:-

i) Owner with the assistance of Charter Safety Engineer.

For the purpose of Self-certification under Regulation 30 and 43 of the Central Electricity Authority Regulations, the notified voltage shall be the voltage level of 440 volts. The owner of every electrical installation of the notified voltage and below shall get the installation inspected, tested and self-certified with the assistance of Chartered Electrical safety Engineer before commencement of supply or recommencement after shutdown for six months and above as required by Regulation 43 of the Central Electricity Authority regulations. The owner shall have to submit the report of certification in the Form I or II, as the case may be, of Schedule IV to the Chief Electrical Inspector.


ii) HPSEBL for the supply voltage up to 650 Volts(up to 440 V under self certification).

iii) For electrical installation and apparatus of voltage exceeding 650 volts, the approval of Electrical Inspector.

8.3 LT Installations:

8.3.1 Upon receipt of the contractor's report, HPSBL shall notify to the consumer the time and day when the HPSEBL's representative proposes to inspect and test the installation in case the installation is to be tested by HPSEBL. However, in all cases, the verification of Test Report Submitted by the consumer is to be done by HPSEBL .It will then be the duty of the consumer to ensure that representative of the wiring contractor employed by him or an engineer of the consumer, is present at the time of inspection to give HPSEBL or its representative any information required by him concerning the installation.

8.3.2 No connection shall be made until the consumer's installation has been

inspected and tested by HPSEBL or any other authority as per clause 8.2 above and found satisfactory. No charges for the first test of consumer's installation are levied. However, subsequent test, due to the fault found at initial test or failure of the Contractor's representative to keep the appointment as indicated in sub-paragraph 8.3.1 shall be charged for in accordance with the "Schedule of General & Service Charges" as may be approved by the Commission from time to time.

8.3.3 HPSEBL is not responsible for the efficient and proper execution of any work

on the consumer’s premises, the inspection and testing of the consumer’s installation being only for the purpose of protecting the HPSEBL’s supply system and the HPSEBL’s supply to the other consumers.

8.3.4 Before taking the insulation test of the installation, the wiring must be

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

8.3.5 The HPSEBL shall not connect with its works, the installation or the

apparatus on the premises of any applicant for supply unless HPSEBL is reasonably satisfied that the connection will not at the time of making the connection cause a leakage from that installation or apparatus exceeding one five- thousandth part of the maximum supply demand of the consumer premises. All the electrical equipments shall have the "IR" value as stipulated in the relevant Indian Standards & codes

8.3.6 A pressure of 500 Volts DC for low and medium voltage circuits will be

applied to each live conductor and earth for a period of one minute, the insulation resistance measured after one minute shall be at least 1MEGA-


OHM or as specified in the relevant Indian Standards. The test between the poles should give at least half the result of that to 'earth'.

8.3.7 In the case of reconnection of supply after a period of six months or more

the consumer shall submit a test report of the licensed Electrical Contractor before the supply is reconnected and the provisions 8.3.1 to 8.3.6 shall apply hereto.

8.4 Testing of HT/EHT installations of consumers:

Testing/inspection of a HT/EHT installation will be required to be inspected by the Electrical Inspector before commencement of supply or recommencement after shutdown for six months and above. The testing and inspection shall be attended by the representative of the HPSEB Ltd. Testing of installation shall be carried out in accordance with CEA (Measures relating to safety and electric supply) Regulations, 2010 as amended from time to time.

8.4.1 All transformers, switchgears and other electrical equipment in the installation of the consumer and also those directly connected to feeders or lines of the HPSEBL, shall be of suitable design and be maintained to the reasonable satisfaction of HPSEBL. The setting of fuses and relays on the consumer's control- gear as well as the rupturing capacity of any of his circuit breakers shall be subject to the approval of HPSEBL. Starting current of the motors shall not exceed the prescribed limits.

8.4.2 Manufacturer's test certificate in respect of all HT/EHT shall be produced by

the consumer on demand by the HPSEBL/ Electrical Inspector.

Notwithstanding the above, the consumer shall at all-time be solely responsible for the maintenance of his installation in such condition as is free from danger.

8.5 Periodical Inspection& testing and Fees Thereof:

8.5.1 Where an installation is already connected to the supply system of the

HPSEBL, every such installation shall be periodically inspected and tested at intervals not exceeding five years by the Chief Electrical Inspector, or HPSEBL, as the case may be in accordance with the provisions of Rule 30 of CEA (Measures relating to safety and electric supply) Regulations, 2010 and its amendments. The consumer shall pay such fees as may be prescribed by the State Government from time to time for carrying out such inspection and test of his installation.

8.5.2 Periodical inspection and testing of consumers installations up to and

including 650 Volts shall be carried out by HPSEBL(The consumer can for opt for self certification with the assistance of Charter Safety Engineer up to 440 Volts). The inspection and testing fee shall be charged by HPSEBL as per schedule of Tariff and General Service Charges approved by Commission.


8.5.3 Periodical inspection and testing of HT/EHT installations above 650 Volts shall be carried out by the Chief Electrical Inspector or as may be directed by the State or Central Government as the case may be.

HPSEBL shall maintain a record of the test results obtained at each supply point to the consumer in Schedule-V of CEA (Measures relating to Safety and Electric Supply) Regulations, 2010. In case the tests have been conducted by third party under self –certification, the consumer should furnish the reports to HPSEBL and Electrical Inspector.

9. Point of Commencement of Supply: 9.1 The HPSEB Limited shall give the supply to the consumer at one point unless

otherwise agreed to. Unless otherwise agreed to, the point of commencement of supply shall be,

9.1.1 in the case of LT consumers, at outgoing terminal of the meter and feeding

the premises;

9.1.2 in the case of HT or EHT consumers,

(i) at incoming terminal of the switchgear feeding the premises that may be installed by the consumers, irrespective of point of metering; and (ii) at the outgoing terminal of the switchgear installed at the substation of the licensee, feeding the dedicated line, irrespective of the point of metering

9.2 Location of HPSEBL's equipment and Meters:

9.2.1 On receipt of the application, an authorized employee of the HPSEB Limited will inspect the premises and fix the general lay out of the Service line and meters in consultation with the consumer and/or his Electrical Contractor.

9.2.2 HPSEBL will supply the meter and /or metering equipment to the applicant at

the time of release of a new connection or at any other time as required by

the consumer who will pay the monthly rental for such equipment at rates

approved by the commission and specified in the Schedule of General and

Service Charges of the relevant Tariff Order.

However, if the consumer so elects, to obtain his own meter and/or metering

equipment of the make as specification as per the CEA (Installation and

Operation of Meters) Regulations 2006, and amendments from time to time

And the same after getting tested and sealed at HPSEBL’s M&T Lab, be

installed by the concerned field units. In such cases, the meter rent is not

chargeable.

9.2.3 Meters will be installed at the consumer’s premises according to the mutual

convenience of the licensee and consumer. The consumer will be


responsible for the protection of the meter from theft or damage and he shall promptly inform HPSEBL about any fault, accident , defect ,theft etc. noticed by him.

9.2.4 The metering of the consumer shall be done as per Central Electricity



9.2.5 Wherever new meter/metering equipment is installed, the meter will be

sealed by the HPSEBL’s authorized employee in the presence of the consumer. The HPSEBL shall cast no liability on the consumer in case of delay in affixing of the seals. Only HPSEBL’s authorized employee will remove the seals of the meter, as and when required and no consumer will tamper with, break or remove the seal(s) under any circumstances.

9.2.6 Meters/ metering equipments and point of supply for industrial and Bulk

supply consumers will be at entrance of the premises abutting the approach road.

9.2.7 HPSEBL may require a meter to be installed outside the premises of a

consumer and in such an event, the entire cost of installing the meter outside the premises and providing a display unit within the premises will be borne by HPSEBL. However, the cost of display unit will be treated as part of the meter cost while determining meter rentals. In a case where the meter/metering equipment is installed by HPSEBL outside the premises of a consumer, the meter shall be protected by an appropriate enclosure for protection of at least IP class 55 and the consumer will not be responsible for the protection of the meter from theft or damage.

9.2.8 In the case of multi-story buildings/apartments, meter/metering equipment

may be installed near the entrance of the building or at any other mutually agreed convenient common space, provided that the cost of installation from the premises of a consumer to the common space is borne by the owner or an association/society of occupants/ owners. In such a case, the owner or association/society would also be required to ensure protection of the meter/metering equipment from theft or damage.

9.3 Defective meters and overhauling of consumer accounts.

9.3.1 Defective Meters

Checking by HPSEBL :

HPSEBL will check and have the right to test any meter and metering equipment installed a consumer premises if there is a reasonable doubt about accuracy and the consumer will provide HPSEBL filed units all necessary assistance in conducting the test. The consumer will have the right to be present during such testing.

9.3.2 : Meter accuracy challenged by Consumer:-


5) A consumer may request HPSEBL to test the meter/metering equipment installed in his premises, if he doubts its accuracy. HPSEBL will undertake site testing within seven days on payment of fee as specified in the Schedule of General Charges as approved by the Commission.

6) If on site testing, the meter is found to be defective then fee deposited will be refunded by adjustment in the electricity bill for the immediately succeeding months. In case the meter is found to be correct then the fee will not be refunded. The defective meter shall be replaced by concerned field unit in case found defective within the timelines as per schedule to HPERC(Distribution Performance Standard) Regualtions,2010 as amended from time to time.

7) In case consumer is not satisfied with the site testing of the meter installed in his premises or meter cannot be tested by concerned field units of HPSEBL at site then the meter will be removed and packed for testing in the laboratory of HPSEBL and duly tested meter will be installed at the premises of the consumer. However, in case of apprehension of tempering, the consumer and HPSEBL field units both can jointly seal the package and shall be broken in his presence in laboratory , if he so desires.

8) The consumer will be informed about the test date at least seven days

in advance. The signature of consumer will be obtained, if present on test result sheet with a copy to the consumer.

In case a meter installed at a consumer's premises gets

burnt/broken/defective or stop functioning, a new tested meter will be installed within time lines specified in the schedule to HPERC (Distribution Performance Standards) 2010 [Provided that in case of failure of supply due

to the burnt, broken, damaged or defective meter, the licensee shall endeavor to restore the supply on the same day by way of installation of new tested meter] If the meter gets burnt, broken or damaged due to the reasons attributed to the consumer, the HPSEB Ltd. will debit the cost of the meter (if provided by HPSEBL) to the consumer who will be informed about his liability to bear the cost.

9.3.3 In case where a meter installed at a consumer’s premises is reported to have been

stolen and the FIR to this effect has been lodged by the consumer, supply of electricity will be immediately restored by HPSEBL at consumer’s request by installing another tested meter and the cost of the meter shall be recovered from the consumer through electricity bills for the immediate succeeding months

9.3.4 In respect of consumer owned defective/burnt/broken meter, the replacement shall be made by way of a HPSEBL's owned meter till such time the consumer provides a new meter duly tested and the same is installed as per the provisions of the Supply Code -2009. HPSEBL is entitled to charge meter rental for the period in such a case, the HPSEBL's owned meter remains installed at consumer premises.

9.3.5 Overhauling of Consumer accounts


9.3.5.1 If a meter on testing is found to be beyond the limits of accuracy as specified in the regulations framed by the authority under section 55 of Act, the electricity charges for all categories of consumers will be computed in accordance with the said test results for a period of six months immediately preceding-

d) the date of test in case the meter has been tested at site to the

satisfaction of the consumer; or

e) the date on which the defective meter is removed for testing in the laboratory of HPSEBL, where such testing is undertaken at the instance of HPSEBL; or

f) the date of receipt of request from the consumer for testing of a meter in

the laboratory of HPSEBL.

Any evidence provided by the consumer about conditions of working and/or occupancy of the concerned premises during the said period(s) which might have a bearing on electricity consumption, will, however be taken in to consideration by HPSEBL.

9.3.5.2 The accounts of a consumer will be overhauled for the period a

burnt/defective meter remained at site, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in Clause No. 4.4.8(ii) of HP Electricity Supply Code and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.

9.3.5.3 If a consumer is liable to pay an additional amount or is entitled for a

refund in consequence of an overhaul of his account in accordance with 9.4.5.1 and 9.4.5.2 above, HPSEBL will effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months.

9.3.5.4 CT/PT meters:

i) In case of CT/PT meters where the accuracy of the meter is

not involved and it is a case of incorrect connections, defective CTs/PTs, genuine calculations & mistakes etc., charges would be adjusted in favour of the HPSEBL/ consumer as the case may be for the period the mistake/ defect continued.

ii) In case of replacement of either CT/PT or Meter due to any reason, the corresponding multiplication factor has not been changed and bills are issued on wrong multiplication factor, the revised bills will be issued for correct multiplication factor for the period from replacement of either meter or CT/PT to


the date mistake has been noticed and correct bill will be issued thereafter.

9.4 Right of HPSEBL to Use Sub-Station/ Switch House at the Consumer’s

premises: 9.4.1 HPSEBL reserves the right to use such sub-stations, switch houses etc. for

supply to other premises or works in the neighborhood, always, provided that the consumer’s supply be not thereby affected adversely.

9.4.2 In the event of the consumer discontinuing to take supply and getting his

premises disconnected permanently, HPSEBL shall have the right to continue using the sub-station/switch houses, etc. as per the provisions of the relevant HPERC Regulations and H.P Electricity Supply Code

10. Wiring Conditions/Regulations: 10.1 Condition of Consumer Installation:

10.1.1 Mains: The consumer's mains shall in all cases be brought back to the HPSEBL's points of supply and sufficient cable shall be provided for connecting up with the HPSEBL's apparatus.

10.1.2 Switches and Fuses: The consumer shall provide proper linked quick break

main switch of requisite capacity to carry and break current in each conductor near the commencement of supply and main switches or cutouts at other points of sub-distribution in his premises. These should be so located as to be quickly accessible to everyone at all times All the consumer's switches should be on the live wire and the letter "N" should be written on the wooden board directly underneath the neutral conductor where it leaves the consumer's main switch. No single pole switch or cutout should remain inserted in any neutral conductor. The wiring and apparatus comprising the consumer’s installation must always be maintained in good order and condition so as not to affect injuriously HPSEBL’s works or the use of energy by other consumers.

10.1.3 Balance of Installation: if the connected load of any installation exceeds 10

amperes at 230 volts, the installation shall be wired on group system, separate neutral wires being brought back in each case the HPSEBL's point of supply. An approved type of linked switch (double pole) shall control each main circuit. The lamps, fans or any other apparatus which the installation consists of, shall be so grouped that under normal working conditions the current will be balanced and no current will be flowing in the neutral wire.

10.1.4 Earthing: Gas pipes shall on no account be used for earthing purpose. All

wiring shall be kept away as far as possible from gas and water pipes.

10.1.5 Domestic heating and cooking: A separate circuit for heating and cooking where necessary shall be run from the HPSEBL's point of supply. Wall plugs used on these circuits shall be of concentric type or three pin type, the third pin connected to 'earth'.


10.1.6 Earth leakage protective device: The supply to every electrical installation for a connected load of 2 kW and above with supply voltage up to 250 Volt shall be controlled by an earth leakage protective device whose maximum earth leakage threshold for tripping should not exceed 30 milliamps for domestic connections and 100 milliamps for all other installation so as to disconnect the supply instantly on the occurrence of earth fault or leakage current. Other consumers will follow the provisions of regulation 42 of CEA( Measures relating to safety and electrical supply)Regulations,2010 and its amendments.

10.2 Wiring Regulations:

10.2.1 For the protection of the consumer and public in general, it is necessary that the wiring /electrical installation on the consumer's premises should conform to the CEA (Measures relating to safety and electric supply) Regulations, 2010 and its amendments and rules of the particular Fire Insurance Co., with which the consumer’s premises/ Building may be insured, in case the same is insured.

10.2.2 As required by Rule 45 of CEA (Measures relating to safety and electric

supply) Regulations, 2010 and its amendments, no electrical installation work (including additions, alteration, repair and adjustment to existing installation) except such replacement of lamps, fans, fuses, switches and other component parts of the installation, as in no way alters the capacity and character of the installation, shall be carried out upon 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 Government in this behalf and under the direct supervision of a person holding a certificate of competency issued by the Government.

10.2.3 Provisions of Rule 15 of the CEA (Measures relating to safety and electric

supply) Regulations, 2010 and its amendments, should be complied with by not inserting a cut-out link or switch other than a linked switch arranged to operate simultaneously the earthed and live conductor if any conductor of the consumers installation is to be connected to the neutral conductor of the HPSEBL's system.

10.2.4 The water lifting for private individual from public water sources like pond

etc. are prohibited and no connection for lifting water in such a situation be given. The LWSS schemes of I&PH department should also have protective system to sense any leakage of current from the motors to lifting pipes and further to water source to avoid loss to life of either human or animals. In such events, the consumer will be held responsible.

10.3 Verification and checking of installation: While verifying the test report,

the authorized employee of the HPSEBL must ensure that the provisions contained above have been complied with, failing which test report should not be approved.

11. Additions/Alterations to the Existing Installations:

No electrical installation work (including additions, alterations, repairs, adjustment to existing installation) except such replacement of lamps, fans, fuses, switches,


low voltage domestic appliances and fittings, as in no way alter the capacity and character of installation, shall be carried out upon the premises by or on behalf of any consumer except by an electrical contractor licensed by Chief Electrical Inspector.

12. Defects in Consumer’s installation:

12.1 In the event of any defects being discovered in the consumer’s wiring or apparatus connected to the HPSEBL’s supply lines, or in respect of any earth, or for the leakage occurring in the section of the circuits so connected, the consumer, in the absence of HPSEBL’s authorized employee, shall immediately isolate such part of the wiring or apparatus from the circuit and notify HPSEBL. HPSEBL shall reserve the right to disconnect at any time such section from its supply system without any prior notice.

12.2 Capacity of main fuses on the Load Side:

The current carrying of the main fuses on the consumers premises (load side) must at all times be less than that of the main fuses of HPSEBL.

13. Replacement of HPSEBL’s Main Fuses:

13.1 Should the HPSEBL’s main fuse(s) fail at any time, the consumer shall immediately communicate with the HPSEBL’s local complaint office in order that the cause of failure may be ascertained and new fuse(s) inserted. In the event of the failure of the main fuse(s) due to any defect in the consumer’s installation, the consumer shall pay the cost of replacement of fuse(s) as prescribed in the schedule of General and Service Charges.

13.2 The consumers are not allowed to replace these fuses. They shall make

themselves liable to pay the charges prescribed in the schedule of General and Service Charges in case any of the seals placed to protect the HPSEBL’s apparatus is found broken. This is without prejudice to any other action as may be taken against the consumer by HPSEBL as per the provisions of the Act/Rules/Supply Code.

14. Service Line / Equipment: 14.1 Service Line/Equipment Charges:

14.1.1 The service lines and other works required for supplying power to the

applicant(s) shall normally be executed by HPSEBL. The consumer shall pay on demand the entire cost works related to service line to the premises of the applicant as well as the cost of providing terminal equipment and other arrangements( except the cost of meter , CT and PT) at the applicants premises alongwith departmental charges as per provision of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations 2012 as amended from time to time.

14.1.2 In case the applicant or the consumer, as the case may be, may, with the

prior approval HPSEBL which shall ordinarily not be refused, execute the


service line through an electrical contractor licensed by the Electrical Inspector, and in such cases, the following provisions shall apply-

(i) all the requisite clearances under various laws shall be obtained by the

applicant;

(ii) the applicant shall be liable to pay the departmental charges @ 6.25% of the estimated cost for the specific works or of the corresponding amount worked out by accounting for the average/normative rates, if approved by the Commission under regulation 4 of HPERC(Recovery of Expenditure for supply of Electricity) Regualtions,2012 whichever is higher;

(iii) such option shall be available to the applicant only for the service line to be executed exclusively for the applicant; and

(iv) works other than service line shall be executed by the distribution licensee unless mutually agreed otherwise by the distribution licensee with the applicant, on mutually agreed terms and conditions.

Note : The provisions for self execution shall also apply for execution of service lines to be executed exclusively for a group of applicants or consumers, as the case may be, if all the members of such group enter into an agreement amongst themselves and nominate their representative who shall then deal with the distribution licensee for such matters.

14.2 Expenses for the distribution system other than service lines shall be payable as per Regulation 5 read with 6,7 & 8 of HPERC(Recovery of Expenditure for supply of Electricity) Regualtions,2012 as amended from time to time.

14.3 Right of HPSEBL in respect of Line/Equipment Paid for by the Consumer:

Notwithstanding that the cost of the works executed for supply of connection to the consumer may have been paid for by the consumer, the whole of the service line, sub-station, together with any wires, meters and other apparatus on the consumer’s premises shall be and remain the property of HPSEBL, by whom it is to be maintained. HPSEBL also retains the right to make use of such service line/equipment for extending power supply to other consumers in the vicinity or for any other purpose as per Regulation 11 of the HPERC (Recovery of Expenditure for Supply of Electricity) Regulations 2012 as amended from time to time, provided that it does not adversely affect the supply to the consumer. The dedicated lines/equipment shall be maintained by the consumers irrespective of location of meters. In case where an existing consumer availing permanent connection for electricity applies for additional load or contract demand a, as the case may be, in excess of the connected load or contract demand, already sanctioned in his favour, the recovery of expenditure shall be done as per regulation 7 of HPERC (Recovery of Expenditure for supply of Electricity) Regualtions,2012 as amended from time to time.


14.4 Change in position of the Service Line/Equipment:

If a consumer desires to have the position of existing service line/equipment altered, he will, should HPSEBL agree, pay to HPSEBL cost of additional material used and labour employed plus Departmental charges, upon which HPSEBL shall carry out the work. This will be subject to the provision of clause No. 3.5 of Supply code and regulation 63 of CEA( Measures relating to safety and electric supply)Regulations,2010 and its amendments

15. Interference with meters or works of HPSEBL, theft of electric lines and

material & receiving stolen property:

15.1 Theft of electric lines and materials :- (1) Whoever, dishonestly – (a) cuts or removes or takes way or transfers any electric line, material or

meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain; or

(b) stores, possesses or otherwise keeps in his premises, custody or

control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain; or

(c) loads, carries, or moves from one place to another any electric line,

material or meter without the consent of its owner, whether or not the act is done for profit or gain,

is said to have committed an offence of theft of electric lines and materials, and shall be punishable as per provisions of Act.

15.2 Receiving stolen property

Whoever, dishonestly receives any stolen electric lines or materials knowing or having reasons to believe the same to be stolen property, shall be punishable as per provisions of Act.

15.3 Interference with meters or works of licensee.

(1) Whoever, -

(a) unauthorisedly connects any meter, indicator or apparatus with any electric line through which electricity is supplied by a HPSEBL or disconnects the same from any such electric line; or

(b) unauthorisedly reconnects any meter, indicator or apparatus with any electric line or other works being the property of a HPSEBL when the said electric line or other works has or have been cut or disconnected; or


(c) lays or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a HPSEBL; or

(d) maliciously injures any meter, indicator, or apparatus belonging to a HPSEBL or willfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering;

shall be punishable as per provisions of Act.

15.4 Negligently breaking or damaging works.

Whoever, negligently breaks, injures, throws down or damages any material connected with the supply of electricity, shall be punishable as per provisions of Act.

15.5 Intentionally injuring works.

Whoever, with intent to cut off the supply of electricity, cuts or injures, or attempts to cut or injure, any electric supply line or works, shall be punishable as per provisions of Act.

16. Access to the Consumer’s Premises and apparatus: 16.1 (1) Any person duly authorised by a HPSEBL may, at any reasonable time, and on

informing the occupier of his intention, enter any premises to which electricity is, or has been, supplied by him, of any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of –

(a) inspecting, testing, repairing or altering the electric supply lines, meters,

fittings, works and apparatus for the supply of electricity belonging to HPSEBL; or

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

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

(2) Any person authorised as aforesaid may also, in pursuance of a special order in

this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier, -

a) enter any premises or land referred to in Sl. No.17.1(1) for any of the purposes mentioned therein;

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

(3) Where a consumer refuses to allow any person of HPSEBL authorised as

aforesaid to enter his premises or land in pursuance of the provisions of clause (1) or, clause (2) above, when such person has so entered, refuses to


allow him to perform any act which he is authorised by those clauses to perform, or fails to give reasonable facilities for such entry or performance, the HPSEBL may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer.

16.2 Any officer of HPSEBL authorized in this behalf by the State Government may-

(a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been or is being , used unauthorisedly;

(b) search, seize and remove all such devices, instruments, wires and any other

facilitator or article which has been or is being, used for unauthorized use of electricity;

(c) examine or seize any books of account or documents which in his opinion shall

be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) of Section 135 of Act and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.

The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list:

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

The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under Act.

17. Meter reading 17.1 Reading of meter will be taken by the employees of HPSEBL once in each month or

such other intervals of time, and such meter reader shall have access to the consumers’ premises at all reasonable times for the purpose of such reading.

17.2 If a consumer leaves his premises connected to the mains of HPSEBL's supply

system but locks up the meter or otherwise makes it inaccessible for reading by the staff of the HPSEBL, for the first billing cycle of such inaccessibility, the consumer shall be charged the average of last 6 months basis of the previous year, subject to the adjustment, when the actual meter reading is available.

17.2.1 If the meter remains inaccessible in the succeeding billing cycle, as well, the

consumer will be served a 48 hours’ notice for access to the premises for reading the meter by a representative of HPSEBL at a fixed time and date. If the consumer fails to comply with the notice as above, the supply to the premises will be disconnected and the consumer will be charged on the basis of 6 months average worked out for the last year's same period/months.


17.2.2 When the meter is made accessible for the purpose of reading and settling the accounts, the consumer shall be charged an amount on the basis of meter reading less the amount, if any, already paid during such period of inaccessibility. The amount payable for the actual consumption recorded after meter becomes accessible for reading and delayed payment surcharge will be determined by taking in to account the number of months to which the consumption relates.

Note: - To overcome such situations of inaccessibility for meter reading meter/ metering equipments shall be provided at such a place of consumers premises, which may be considered easily accessible for the purpose, even if the premises is locked or the consumer leaves the premises for certain period.

17.3 If the consumer normally resides away from the station and requests in writing the supply to his premises should not be disconnected, even though the meter may not be accessible for reading, his request may be accepted. In such a case the consumer has an option to pay in advance the electricity charges for the period, the consumer will be out of station on an average basis, subject to the adjustment when the meter is made accessible for reading and overhauling the accounts of the consumer on actual meter reading basis. The consumption recorded, after the consumer made the meter accessible for reading shall be taken as consumption of last month and total consumption shall not be spread over the preceding months during which the meter remained inaccessible. In case of advance payments, the licensee will, however, continue to issue bills as per billing cycle that would indicate the amount of bill adjusted and balance amount of advance payment.

18. Billing and Recovery of Charges from Consumers 18.1 The method of charging for supply given to a particular class of consumers by

HPSEBL and conditions attached thereto shall be those prescribed for particular class of consumers, in the schedule of Tariff and schedule of General & Service Charges contained in the tariff Order approved and issued by the H.P. Electricity Regulatory Commission for relevant year.

18.2 Unless and otherwise particularly specified, all the rates specified in the schedule of

tariff and schedule of General & Service Charges refers to supply at one point and each separate establishment will be given separate point of supply.

18.3 The consumer shall pay, in addition to the rates set out in the schedule of Tariff

and schedule of General & Service Charges contained in the tariff Order, all amounts leviable by the Government or other authority by way of Tax, Electricity Duty, Octroi or otherwise in the context of supply of electricity to the consumer whether the demand to be made on HPSEBL or the consumer.

18.4 Recovery of electricity charges from the consumers, payment of bills rendered to

the consumer by HPSEBL, shall be governed by under Chapter- V of the Electricity Supply Code 2009, and other relevant provisions of Act, Rules, regulations and any other law in force for the time being in this regard, as may be amended from time to time.

18.5 Charges for part period of a Month: When supply of electricity to a new consumer

is commenced in the middle of a billing cycle, the fixed charges, minimum charges and/or any other similar charges will be levied pro-rata for the number of days for


which supply is given during the billing cycle. In case, any tariff/ other charges (such as change in supply voltage, change in category etc.) are made applicable in the middle of a billing cycle, the consumers will pay on a pro-rata basis.

19. Payment of Bills: 19.1 HPSEBL shall render bills to the consumer for every billing cycle as may be due and

payment shall be made by the consumer within the due date of payment indicated on the bill.

19.2 The bill shall be paid by the consumer at collection centers of HPSEBL, Lokmitra

Kendra, Sugam Centre, Post Office, online by net banking / debit/credit cards/RTGS/NEFT, by local cheque, banker’s cheque, demand draft, bank transfer etc. as per his convenience[concerned Sub-Division will not accept cash payment in case total amount payable exceeds Rs.10000] , with in the due date mentioned in the bill from the date of issue of bill, which is 10 days in case of industrial consumers and 15 days in respect of other categories of consumers. The consumer must present his bill/duplicate bill at the time of payment, without which the payment will not be accepted.

19.3 If the consumer has lost the bill or otherwise requires a duplicate copy of the bill, it

will be supplied to him immediately on such request on payment of the cost for supplying the duplicate copy of the bill as specified in the schedule of general & Service Charges approved by the Commission.

19.4 If the payment of the bill is made by cheque the same should be sent or posted by

the consumer sufficiently in advance so as to reach the concerned sub-divisional office at least two days before the due date.

19.5 Any payment made by the consumer shall first be adjusted towards the arrears, if

any, included in the bill. No exemption from late payment surcharge shall be allowed if full payment of the bill including arrears is not made within the due date of payment allowed for such payment from the date of billing. If a consumer has been served with a notice of disconnection along with the bill due to non-payment of arrears shown in the bill and the consumer offers to pay the arrears in installments, the same shall be accepted and supply continued. The late payment surcharge shall be continued to be levied on the balance outstanding amount till the payment is received in full.

19.6 In case a consumer, wants to make advance payment of his future electricity bills,

due to the reasons to be mentioned in the request made to the concerned sub-divisional office for accepting advance payment, shall be allowed in the format prescribed by HPSEBL and will be adjusted in the bills of succeeding months. The HPSEBL shall, however, continue to issue bills that would indicate the amount of advance payment adjusted and balance amount of advance payment.

19.7 If the bill is not paid in full within the due date mentioned in the bill and Clause No.

21 of these conditions of supply are not applicable, the consumer upon the HPSEBL’s giving him 15 days notice in writing of its intention to disconnect, shall be liable to have his premises disconnected by HPSEBL without prejudice to HPSEBL’s right to recover the amount of the bill by suitable means as available to HPSEBL. In case the premises so disconnected, the supply shall not be restored by HPSEBL,


until full settlement has been made by the consumer of all outstanding dues and of the charges for reconnection of supply prescribed in the schedule of General and Service Charges.

20. Payment of Disputed Bills: 20.1 A consumer will effect full payment of the billed amount even if it is disputed one,

failing which HPSEBL may initiate action treating it as a case of non-payment: Provided that no action will be initiated if such a consumer deposits, under protest -

(c) an amount equal to the sum claimed from him, or (d) the electricity charges 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 HPSEBL.

20.2 HPSEBL, after the receipt of a complaint from a consumer in its designated office, decide the billing dispute within twenty four hours if no additional information is required and within ten days, if additional information is required.

20.3 If on examination of a complaint, HPSEBL finds a bill to be erroneous, a revised bill

will be issued to the consumer indicating a revised due date of payment, which will not be earlier than ten days from the date of delivery of the revised bill to the consumer. If the amount paid by the consumer under para 21.1 is in excess of the revised bill, such excess amount will be refunded through adjustment first against any outstanding amount due to HPSEBL and then against the amount becoming due to HPSEBL immediately thereafter. HPSEBL will pay to such consumer interest on the excess amount at rate as per clause No. 5.7.3 of Supply Code,2009 from the date of payment till such time the excess amount is adjusted.

20.4 If HPSEBL finds the bill to be correct, the consumer will be intimated accordingly and will be required to pay the balance amount, if any, alongwith additional charges for delayed payment from the due date, initially stipulated in the bill.

20.5 In case the consumer is not satisfied with the decision of HPSEBL, he may after

effecting payment in terms of para 24.1 seek redressal in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission ( Consumer Grievances Redressal Forum and Ombudsman) Regulations, 2013

21. Change of Consumer

When any person occupies any premises previously occupied by a consumer and desires to be supplied with energy he shall, as in the case of an original applicant, enter into an agreement with HPSEBL and shall furnish security to HPSEBL as prescribed in these conditions of supply, and his installation shall be re-rated/ inspected by HPSEBL so that the said person may not be held responsible for any alterations in the connected load which may have been affected by the previous consumer without the authority of the HPSEBL. All codal formalities as of a new connection shall be done for release of connection to the consumer. However, such change of consumer and reclassification shall be in accordance with relevant tariff orders.


22. Power Factor:

23.1 No new supply to LT installations with induction motor(s) of capacity

above 3 HP and /or welding transformers above 2 kVA shall be given unless

shunt capacitors of appropriate ratings are installed to the entire satisfaction of

the HPSEBL. The consumer shall not allow the power factor of his installation to

go down below 0.90 (lag) while consuming power.

In case the consumer power factor is below the limit of 0.9 (lag) , the consumer shall pay power factor surcharge as applicable as per schedule of Tariff approved by Commission without prejudice of HPSEBL to disconnect the supply of electricity after giving notice for such disconnection.

23. Clubbing of Loads of HT connection. 23.1 If a consumer seeks clubbing of load of two or more connections, the same will be

allowed subject to fulfillment of following conditions:-

(1) “person” shall have the same meaning as is assigned to it under clause (49) of the Section 2 of the Act and two or more companies formed and registered or deemed to have been formed and registered under the Companies Act, 2013 (18 of 2013), having electricity connections in their respective names, shall also be considered to be entitled for clubbing of their electricity connections, if- (a) (i) all such companies having electricity connections in their names are

the subsidiary companies of the same holding company; or

(ii) one of such companies is a holding company and the other company is the subsidiary company of that holding company; and

(b) the new connection, after clubbing of existing connections, is sought in the name of any of such subsidiary companies, which are already availing connections sought to be clubbed, or in the name of the holding company of such subsidiary companies;

(c) the conditions laid down in sub-clause (ii), read with succeeding para (3), in relation to the existence of the electricity connections sought to be clubbed, as well as for release of new connection, at the same or contiguous premises, are met;

(2) the terms” Company:, “holding company” and “subsidiary company” shall

have the same meaning as are assigned to them under the Companies Act,2013(18 of 2013);

(3) “premises” shall have the same meaning as is assigned to it under clause

(51) of section 2 of the Act and the existing electricity connections which are sought to be clubbed, shall also be considered to be entitled for clubbing, even if the same are being availed at two or more such premises; if –


(i) all such premises at which such connections are being availed are contiguous to each other and are not separated by any such other premises, land, plots or roads etc., not solely occupied by such consumers or by the person seeking new connection after clubbing of existing electricity connections; and

(ii) the new connection, after clubbing of existing connections, is sought to be released for the premises encompassing the contiguous premises for which such connections are already existing; and which is intended to be occupied only by such person in whose name the new connection is sought. However there shall be no restriction to enlarge such premises while releasing the new connection so long as the new premises, after clubbing of connections, is entirely continuous and is to be occupied by the new applicant; and”; and

(4) If the licensee permits clubbing of two or more electricity connections, existing

at same or different voltages, but in the name of same person and at the same or contiguous premises, as a single connection in the name of the same person and at the same premises, and at a voltage not less than 11 kV and also not lower than the Standard Supply Voltage, corresponding to the combined connected load/contract demand, the sum total of sanctioned connected load/contract demand, of such connections shall be considered as the existing connected load/contract demand for computing the additional connected load or contract demand for the purpose of sub-clause (i) of regulation 7 of HPERC(Recovery of Expenditure for supply of Electricity)Regualtions,2012 as amended from time to time. Provided that no refund on account of the charges mentioned in clause (i) shall be allowed if such existing connected load/contract demand is more than the combined connected load/contract demand for the new connection and in such an event, the consumer shall be deemed to have surrendered such reduction in the connected load/contract demand and he shall not be entitled to claim at any subsequent stage any relief for restoration of the connected load/contract demand so surrendered: Provided further that when such clubbing of loads is permitted under this clause, the consumer shall not be eligible to avail the benefit of temporary reduction in the contract demand as per provisions of the Supply Code for a period of 365 days from the release of new connection after clubbing of the existing electricity connections: Provided further that the licensee shall have the right to use, maintain and own the service line or any other electrical system, vacated by the consumer due to such clubbing of existing electricity connections in accordance with regulation 11 and the said works shall become the property of the licensee.

The consumer, in whose name the clubbed load is to be released, shall bear all the liabilities of such old connections which may become due later on for the period of old connections.


The security deposit corresponding to both units shall be changed in the name of consumer to whom the clubbed load is released. All the documents will be signed by this consumer. The units will have to make their own arrangements for separate identity as may be required by Govt. Departments. The undertaking /declaration by Directors of the individual units or authorized representatives for clubbing of load shall jointly be furnished by the units on the format finalized by HPSEBL.

24. Unauthorized use of electricity and Theft of Electricity: 24.1 Unauthorized Use of Electricity: Any case relating to unauthorized use of

electricity by a consumer from the initial stage of inspection of a premises/area by the Assessing Officer, detection of unauthorized use, service of a provisional assessment order, passing of the final assessment order and the consumer’s right to approach the Appellate Authority will be dealt with by the HPSEBL in accordance with the provisions of Clause No. 6.1 of the Supply Code and section 126 of Act

24.2 Theft of Electricity: The inspection of a premises by an Authorized Officer of the

HPSEBL and further action to be taken upon detection of theft of electricity by a consumer/person including disconnection of supply, lodging of a police complaint and acceptance of compounding fee will be in accordance with the provisions of Clause No. 6.2 of the Supply Code and section 135 of Act.

25. Prejudicial use of Supply: 25.1 Effect on Supply to other Consumers/HPSEBL system:

The consumer shall not adopt any electrical appliance which is likely to affect injuriously the supply to other consumer or use the energy supplied or deal with it, in any manner so as unduly or improperly to interfere with the efficient supply of energy to any other person by HPSEBL. The consumers who have installed DG Sets/FOG Sets for meeting load requirement on shutdown as standby source, the same shall be connected with four pole changeover switch and the change over switch shall be functional so that in case of power failure, the energy generated by standby source should not travel to HPSEBL supply system causing accidents and loss of life of HPSEBL personnel.

25.2 Unbalanced Loads:

The consumer shall not keep unbalanced the loading on the three phases of the supply taken by him beyond the difference of current between any two phases being 5%.

26. Additional terms of supply:


A distribution licensee may require any person who requires a supply of electricity in pursuance of section 43 to accept -

(a) any restrictions which may be imposed for the purpose of enabling

the HPSEBL to comply with regulations made under section 53 of Act.

(b) any terms restricting any liability of HPSEBL for economic loss resulting from negligence of the person to whom the electricity is supplied.

27. Disconnection and Reconnection of Supply: 27.1 Disconnection of supply for default in payment or due to other reasons .– 27.1.1 HPSEBL may order disconnection of supply in following cases-

b) In case of default in payment of dues and charges: (paras 27.1.2 and 27.1.3 of these conditions below);

(f) in case of default in payment of assessed amount{paras 6.1.11.1 and 8.1.2(iv) of HP Electricity Supply Code} ;

(g) in case of the unauthorized reconnection of supply disconnected{ paras 27.1.5 and 27.1.8(ii) of these conditions below };

(h) in case of contributing harmonics in excess of specified standards (para 2.1.9 of HP Electricity Supply Code);

(i) on the request of the consumer under { paras 27.1.6, 27.1.7 and 27.1.8(iii) ( c ) of these conditions below

(f) upon detection of theft of electricity under sub-section (1- A) of section-135 of the Act; { paras 6.2.1(h) of HP Electricity Supply code and 27.1.10 of this manual below};

(g) to prevent loss of human or animal life or injury to a human being or any animal or damage to property;

(h) to comply with statutory/lawful orders, directions issued by the competent authority in exercise of its powers vested under any law passed by a competent legislature with prior intimation to the consumer.

27.1.2 Where a consumer fails to deposit, the billed amount or any sum other than the

charge for electricity due from him, with HPSEBL by the due date mentioned in the bill, HPSEBL may, after giving not less than fifteen days clear notice in writing to such consumer and without prejudice to his other rights to recover such amount, disconnect supply to the consumer temporarily and for that purpose disconnect any electric supply line or other works being the property of HPSEBL. The Officer In-Charge of Sub-Division/Sub-Office shall ensure that all the cases pertaining to default of payment(s) / temporary disconnections are monitored regularly and where default in payment(s) is continued for a period of six months, from the date of the payment first became due, the supply may be disconnected permanently:

Provided that the supply of electricity shall not be disconnected (i) if a consumer makes payment under protest as per paras 5.2.14, 5.6.2 and 5.7 of HP Supply Code (ii) if any sum is not recoverable as per para 5.7 of HP Electricity Supply code.


provided further that, save in the case of theft of electricity or prevention of loss or damage to life and property, the supply of electricity to a consumer will not be disconnected on holiday and on a day when the next day is a holiday in the offices of the licensee.

27.1.3 In case of continued default in payment of any amount, payable to HPSEBL by any

consumer for a period of more than six months, HPSEBL may terminate the agreement executed with the consumer in accordance with the ‘Conditions of Supply’ and remove the electric line or works connected with the supply of electricity to the consumer.

27.1.4 In case HPSEBL discovers that the supply to the premises disconnected under para

28.1.1, has been unauthorizedly restored through a live connection of other premises, notice to the consumer of such live connection be given to stop such unauthorized supply to the disconnected premises immediately, failing which pending dues of the disconnected connection shall be transferred to his account and non-payment of such transfer of dues may be dealt with as provided under para 28.1.2 apart from other action(s) as per the provision(s) of the Act.

27.1.5 HPSEBL may take steps to prevent unauthorized re-connection of such connection disconnected under para 36.1.1, wherever it discovers that connection has been reconnected and attracts provisions of Section 138 of the Act then the licensee may initiate action as per the provisions of the Act.

27.1.5 In case the consumer desires his connection to be disconnected permanently, he

shall apply for the same. The concerned officers who is authorized to take reading of the meter of consumer as per Instruction No 24.1 shall carry out special reading. The office/officer responsible for raising the bill shall then prepare final bill, including all arrears up to the date of such billing within five days from such request.

27.1.6 In case the consumer desires that his connection be disconnected temporarily for

a period up to six months then he shall apply for the same on the format prescribed and shall be liable to pay in advance all charges that are fixed in nature like demand charge, meter rent etc. as per the relevant schedule. The consumer shall also be liable to pay 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.

27.1.7 The supply may be disconnected temporarily or on permanent basis as per

procedure given hereunder:-

(i) The service line, meter etc. may not be removed in case of temporary disconnection. HPSEBL shall remove service line, meter etc. after permanent disconnection; (ii) The concerned officer In-charge of sub-division may remove service line/cable after approval of load sanctioning authority if he has sufficient reason(s) to believe that the consumer, in case of temporary disconnection, shall resort to unauthorized use of electricity. However, meter shall not be removed in such cases.


(iii) The demand charges during the period temporary disconnection for any of the reasons, shall be levied as per schedule of tariff on 10% of the sanctioned contract demand in addition to the fixed charges such as meter rent etc. iv) The consumer is also having an option to permanently surrender a part of the contract demand during the temporary disconnection period, in such an event the demand charges shall be levied for 10% of the balance contract demand. (v) The supply shall be disconnected permanently in following cases: -

(d) with the termination of the agreement; (e) if the removal of the cause for which the supply was

disconnected temporarily is not within the period allowed for the removal of such cause or if the proof of removal of the cause for disconnection is not produced to the satisfaction of the HPSEBL’s employee deputed for the purpose;

(f) on request of the consumer as per para 36.1.6.

27.1.8 For all cases of temporary and permanent disconnection(s)- (c) if dues are not paid by the consumer, the delayed payment

surcharge, as per relevant schedule of tariff shall be levied up to the date of permanent disconnection, and

(d) the security deposit’s amount shall be adjusted in the final bill.

27.1.9 Not withstanding anything contained to the contrary herein, the disconnections on account of theft of electricity, shall be dealt with in accordance with the para 6.2 of HP Electricity Supply Code.

27.2 Restoration of supply of electricity. –

27.2.1 i) As a commercial organization, HPSEBL can ill afford to allow accumulation of dues from the consumers. It is, therefore, imperative that every effort is made by the field offices to see that the consumers make the payment of their energy bills as soon as these become due for payment. Necessary steps should be taken by the staff concerned so that dues do not accumulate and the arrear do not become bad debts.

ii) The in charge of Sub-Division may disconnect the supply to all the consumers irrespective of quantum of load and supply voltage except the essential services like LWSS, Hospital and Street Light etc. being responsible for billing and collection. In case the payment is not received against the essential services, the concerned AE/AEE of ESD shall refer the case along with details of such consumers with outstanding arrears to concerned CE(Op) for obtaining the decision of competent authority of HPSEBL. The authority competent in such cases is Director(Op), Director(Tech.) and MD.

27.2.2 HPSEBL shall resume supply of electricity within twenty-four hours

from the time the consumer- (a) makes good the default and /or pays outstanding payment, (b) pays the prescribed amount as per the relevant Schedule of Tariff, for reconnecting the supply of electricity,


(c) pays the consumer service charges/ fixed charges for the period of disconnection and the additional charges for the delayed payment:

In case the consumer is permanently disconnected and agreement is terminated with or without adjustment of security deposited with HPSEBL, the consumer service charges and fixed charges such as demand charges etc. shall be levied for the period of temporary disconnection of supply. However, in case of permanent disconnection, the amount still remains outstanding after adjustment of security, the surcharge for delayed payment shall be levied up to the date of application for restoration of supply after permanent disconnection.

Provided that in case of permanent disconnection, if the electric line or plant supplying electricity to the consumer is/are removed by HPSEBL then HPSEBL will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection and the consumer will deposit charges as if a new connection is being released:

Provided, further that in case of temporary disconnection, if the electric line or plant supplying electricity to the consumer is/are removed by HPSEBL then HPSEBL will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection.

27.2.3 Supply to the consumer will be immediately reconnected, if HPSEBL

reasonably believes that the circumstances leading to the disconnection were actually an omission on the part of HPSEBL. In such an event, no charges on any account will be recoverable from the consumer.

27.2.4 Restoration of supply after temporary disconnection:-

Reconnection order in form CS-12 will be issued to carry out the job of reconnection of service line. Normally the supply would be restored on the same terms and conditions as existed before temporary disconnection.

27.2.5 Restoration of supply after permanent Disconnection:-

The consumer may request for restoration of supply after permanent disconnection. The necessary formalities at the time of reconnection may be done as required for release of new connection. The procedure to be followed and recovery of expenditure shall be as follows:-

27.2.5.1 The original consumer or some other person applies

for a connection at such premises which has been permanently disconnection.


4) In case the service line has not been removed or used for release of connection to other consumers and is having sufficient spare capacity after commitments of loads and redundancy of 30%.

5) There is spare capacity in the feeding system for release of the load.

6) The consumer apply up to same connected load and contract demand which was previously disconnected.

In case all the conditions are fulfilled, the connection shall be released without issuance of PAC . However, the A&A form, test report etc. shall be submitted by the consumer and signed by the competent authority and completion of codal formalities as of a new connection is to be done. The load shall be got sanctioned from the competent authority before restoration of supply. However, the electrical installations and apparatus of voltage exceeding 440 Volts will be required to be inspected by Electrical Inspector as per Regulation 43 of CEA(Measures relating to safety and Electric Supply)Regualtions,2010 and its amendments

In case above conditions are not fulfilled, all the codal formalities for issuance of PAC, Sanction of load shall be done for restoration of supply as is done for a new connection and clearing the outstanding amount to be paid against old connection as per Supply Code.

27.2.5.2 Charges to be levied at the time of restoration of

supply after permanent disconnection.

Following charges shall be recovered :-

5) Security deposit as per HPERC(Security Deposit) Regualtions,2005 and its amendments.

6) Cost of service line, in case service line as per regulation 4 and 10 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations, 419/2012 as amended from time to time, in case it has been removed or there is no spare capacity in the existing service line after commitment of load and redundancy of 30%.

7) Recovery of expenditure for supply of electricity as per Regulation 5 & 10 of HPERC(Recovery of Expenditure for supply of Electricity)Regulations, 419/2012 as amended from time to time.

8) Recovery of all outstanding amount of previous connections wherever applicable as per provisions of supply code.

27.2.6 Necessary remarks may be added on the connection order stating that the service

line exists which is being reconnected. The old Account No. and the previous consumer’s name should also be mentioned. The recovery of expenditure for restoration of supply shall be as per HPERC(Recovery of Expenditure for supply of Electricity)Regulations, 419/2012 as amended from time to time.


27.2.7 In such a case where the supply is restored to the premises after a period of six months a fresh test report shall also be obtained from the consumer, before connecting the premises to HPSEBL’s supply system.

28.0 Disconnection when Consumer’s Premises are found Locked, order of statutory authority & on account of damage to equipments

28.1 If the consumer’s premises are found locked by the Meter Reader or the Bill

Distributor and no response is received even after serving ‘Access to consumer’s premises’ notice, some official say J.E. or Meter Inspector may be deputed to visit the premises of the consumer to verify the facts on spot. On their report, if there are no early prospects of the meter being read or HPSEBL’s dues being paid, the concerned Officer In-Charge of Sub-Division/Sub-Office shall issue disconnection order of the premises from the tee or pole and accordingly supply may be disconnected.

28.2 In case instructions for disconnection of supply is received from any

statutory authority in exercise of the power vested under law passed by a competent legislator and such instructions are received either directly in the Sub-Division or received through other senior offices, the In-charge of Sub-Division/Sub-Office shall comply with such instructions immediately by issuance of Temporary Disconnection Order. The supply shall be disconnected immediately with prior intimation to the consumer.

28.3 Discontinuance on account of immediate danger/damage to the equipment

In case the breach of condition of supply (or of any restrictions imposed there under) is of a nature which is likely to cause an immediate danger/damage to the equipment installed by HPSEBL or otherwise , the concerned officer in-charge or any technical official of the sub-division shall have the right to disconnect the premises of the consumer immediately without any prior notice. The connection to the premises so disconnected shall not be reconnected until the defects pointed out by the HPSEBL are set right. However, in all such cases, after the supply has been disconnected, the consumer should be informed as early as possible about the reasons leading to disconnection and the remedial measure required to be taken by him before supply is restored.

29. Failure of Supply:

29.1 HPSEBL will follow the timelines for restoration of supply for the reasons other than above as per Standards of performance regulations,2010

29.2 The HPSEBL will take all reasonable measures to ensure continuity of supply

of power to the consumer(s) but will not be responsible for any loss or damage to the plant and equipment of a consumer on account of interruptions in supply of power caused by damage to the HPSEBL’s plant, equipment and supply system for reasons including but not limited to war, mutiny, riot, earthquake, cyclone, tempest, strike, civil commotion, lock out, lightning, fire, flood, accident or break down of plant and machinery or other causes beyond the control of HPSEBL. The HPSEBL will as early as


possible inform the consumer(s) of the probable duration of such interruptions in supply of power.

29.3 The HPSEBL reserves the right to curtail, stagger or temporarily discontinue

the supply of electricity if any emergency warrants such a course of action. The HPSEBL will notify such restriction as early as possible.

29.4 The HPSEBL will be entitled, for reasons of testing, maintenance, repair or

augmentation of the supply system, to temporarily discontinue the supply for such periods as may be necessary subject to prior notice being given in this regard.

30. Right of Way:

A consumer will provide to the HPSEBL right of way in, through or over any land under his/her control and jurisdiction as may be required by the HPSEBL in connection with provision or maintenance of a service line to the premises of the consumer, and subject to the provisions of Section 67 of the Act to the premises of any other consumer in accordance with Rules framed by the State Govt.

31. Assignment or Transfer of Agreement:

The consumer shall not, without previous consent in writing of HPSEBL, assign, transfer or part with the benefit of his agreement with HPSEBL, nor shall the consumer in any manner part with or create partial or separate interest there under.

32. Resale of Energy:

The consumer shall not resell the energy purchased from HPSEBL by installing its own meter or otherwise either to its tenants or any other third party. Such sale if noticed by HPSEBL will be treated as un-authorized use of electricity and will attract section 126 of Act.

33. Reservation of Rights:

HPSEBL reserves the right at any time to end, cancel, alter or terminate the agreement for supply of electricity with the consumer for any breach of conditions of supply, provisions of the relevant Act, rules and regulations and the supply code.

34. Service of Notice:

Any order/notice to a person/consumer by HPSEBL including a notice under Section 56 of the Act, shall be served in the manner as prescribed under section 171 of the Act & clause No 9.1 of Supply Code and shall be deemed to be duly served by the licensee, if it is - 1. sent by registered post, under certificate of posting, or by courier, 2. delivered by hand to a consumer/person and an acknowledgement taken from

any person in the premises, or 3. affixed at a conspicuous part of such premises in case there is no person

available, to whom the order/notice can, with reasonable diligence, be delivered.


4. The latest technology tools such as SMS and emails may also be adopted in addition to provisions at Sl. No. (1) to (3) above.

35. Knowledge of Fact and Rules:

The consumer shall be deemed to have the full knowledge of the provisions of the Electricity Act, Supply Rules, and all regulations and notifications made there under by the HPERC, and of the other conditions of supply of HPSEBL as also all laws relating to the supply of electricity. The consumers shall act in due conformity with all the laws aforementioned and if they do not so act their supply may be disconnected without prejudice to any other action which may be taken by HPSEBL.

36. Interpretation:

36.1 These conditions shall be read and construed as being subject in all respects to the provisions of the Act, Rules, regulations and Supply Code and to the provisions of any other law relating to the supply of electricity for the time being in force.

36.2 Nothing contained in these conditions shall abridge, curtail or prejudice the

rights of the HPSEBL and the consumer under any Central Act or State Act or any rules or orders made there under; or the power of the HPSEBL to relax, at its discretion, in individual cases on its merits any or all of the foregoing conditions.

37. Disputes:

In the event of any difference or dispute arising between HPSEBL and the consumer in respect of any matter connected with the supply, which cannot be determined by these conditions, or by the terms of any agreement between HPSEBL and the consumer, and in the event of any difference or dispute arising as to the interpretation of these conditions or of the terms of any agreement between HPSEBL and the consumer, the matter shall be determined in accordance with the provisions of the act , Supply Code and HPERC(Consumer Grievances Re-dressal Forum and Ombudsman) Regualtions,2013.

38. Applicability of HPERC(Recovery of Expenditure for supply of Electricity)

Regualtions,2005 or 2012.

The above conditions of supply with reference to recovery of expenditure have been finalized as per the provisions of current regulations i.e. HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012 which have come into force w.e.f. 23.05.2012 (i.e. date of publication in the Rajpatra, Himachal Pradesh). The recovery of expenditure, if any, required to be done in respect of old regulation i.e. HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2005 shall be regulated in the manner as specified in regulation 12 of HPERC(Recovery of Expenditure for supply of Electricity) Regulations,2012.

39. Compliance of measures related to safety and electric supply as per CE(Measures related to Safety and Electricity Supply) Regualtions,2012 as amended from time to time.


The consumer installation should comply to the measures related to safety

and electric supply as per CE(Measures related to Safety and Electricity Supply) Regualtions,2012 as amended from time to time.

40 Overriding Effect

These Conditions of Supply shall be read in harmony with the provisions of Act, HP Electricity Supply Code,2009 as amended from time to time, regulations notified by HPERC/CEA and rules framed by Government under Act. in case any conflict between any of the provisions of these conditions and the provisions of Act or Regulations or the Orders issued by any competent statutory authority, the provisions of Act or Regulations or the Orders issued by any competent statutory authority shall have overriding effect.


*SOME IMPORTANT STATUTORY PROVISIONS*

The construction, installation, protection, operation and maintenance of electricity supply lines and apparatus should comply with the provisions of CEA (Measures relating to safety and electric supply) Regulations, 2010 as amended from time to time. The field units must comply with the regulations framed by the Authority under Act, rules framed by HP. Govt. and code/regulations notified by HPERC. HPSEBL has already notified Electrical Safety Manual and General Safety Instructions which must be referred by the filed units. The field units while discharging the function of supply of power to the consumer and distribution of electricity should thoroughly study the provisions of these regulations/code. However, for ready reference, some of the provisions are reproduced below:-

A. Some important provisions of CEA (Measures relating to safety and electric supply) Regulations, 2010

1) Regulation 31 of CEA (Measures relating to safety and electric supply) Regulations, 2010

Testing of consumer's installation

(1) Upon receipt of an application for a new or additional supply of electricity and before connecting the supply or reconnecting the same after a period of six months, the supplier shall either test the installation himself or, accept the test results submitted by the consumer when the same has been duly signed by the licensed Elected Contractor.

(2) The supplier shall maintain a record of test results obtained at each supply

point to a consumer, in a Schedule-V.

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

2) Regulation 32 of CEA (Measures relating to safety and electric supply) Regulations, 2010

Installation and Testing of Generating units:

Capacity above which generating units will be required to be inspected by the Electrical Inspector before commissioning shall be as per the notification to be issued by the Appropriate Government, under clause (x) sub-section (2) of section 176 and sub-section (l) of section 162 of the Act

3) Regulation 33 Of CEA (Measures relating to safety and electric supply) Regulations, 2010

Precautions against leakage before connection:

1) The supplier shall not connect with his works the installation or apparatus on the premises of any applicant for supply unless he is reasonably satisfied


that the connection will not at the time of making the connection cause a leakage from that installation or apparatus of a magnitude detrimental to safety which shall be checked by measuring the installation resistance as under,- (i) all equipment shall have the insulation resistance (IR) value as

stipulated in the relevant Indian Standards; (ii) on application of 500 V DC between each live conductor and earth

for a period of one minute the insulation resistance of installation and equipment of voltage not exceeding 650 V shall be at least 1 MEGA OHM or as specified in the relevant Indian Standard;

(iii) on application of 2.5 kV-DC between each live conductor and earth for a period of one minute, the insulation resistance, of installation and equipment of voltage exceeding 650 V but not exceeding 33 kV shall be at least 5 MEGA OHM or as specified in the relevant Indian Standard.

(2) If the supplier declines to make a connection under the provisions of

sub-regulation (1) he shall convey to the applicant, the reasons in writing for so declining

4) Regulation 34 of CEA (Measures relating to safety and electric supply)

Regulations, 2010 Leakage on consumer’s premises:

(1) If the Electrical Inspector or the supplier has reasons to believe that there is

leakage in the system of a consumer which is likely to affect injuriously the use of electricity by the supplier or by other persons, or which is likely to cause danger, he may give the consumer notice in writing that he desires to inspect and test the consumer's installation.

(2) If on such notice being given the consumer does not give all reasonable facilities for inspection and testing of his installation, or when an insulation resistance of the consumer's installation is so low as to prevent safe use of electricity, the supplier may, and if directed so to do by the Electrical Inspector shall discontinue the supply of electricity to the installation but only after giving to the consumer forty eight hours’ notice in writing of disconnection of supply and shall not recommence the supply until he or the Electrical Inspector is satisfied that the cause of the leakage has been removed.


Regulations, 2010 Appeal to Inspector in regard to defects:-

(1) If any applicant for a supply or a consumer is dissatisfied with the action of the supplier in declining to commence, to continue or to recommence the supply of electricity to his premises on the grounds that the installation is defective or is likely to be dangerous, he may appeal to the Electrical Inspector to test the installation and the supplier shall not, if the Electrical Inspector intimates that the installation is free from the defect or danger complained of, refuse supply to the consumer on the grounds aforesaid, and shall, within twenty four hours after the receipt of such, intimation from the Electrical Inspector, commence, continue or recommence the supply of electricity.


(2) Any test for which application has been made under sub regulation (1) shall be

carried out within seven days after the receipt of such application 6) Regulation 43 of CEA (Measures relating to safety and electric supply)

Regulations, 2010 Approval by Electrical Inspector: - (1) Voltage above' which electrical installations will be required to be inspected by the Electrical Inspector before commencement of supply or recommencement after shutdown for six months and above shall be as per the notification to be issued by the Appropriate Government, under clause (x) of sub-section (2) of section 176, and sub-section (1) of section 162 of the Act.

(2) Before making an application to the Electrical Inspector for permission to commence or recommence supply after an installation has been disconnected for six months and above at voltage exceeding 650 V to any person, the supplier shall ensure that electric supply lines or apparatus of voltage exceeding 650 V belonging to him are placed in position, properly joined and duly completed and examined and the supply of electricity shall not be commenced by the supplier for installations of voltage needing inspection under these regulations unless the provisions of regulations 12 to 29, 33 to 35, 44 to 51 and 55 to 77 have been complied with and the approval in writing of the Electrical Inspector has been obtained by him:

Provided that the supplier may energise the aforesaid electric supply lines or apparatus for the purpose of tests specified in regulation 46

(3) The owner of any installation of voltage exceeding 650 V shall, before making application to the Electrical Inspector for approval of his installation or additions thereto, test every circuit of voltage exceeding 650 V or additions thereto, other than an overhead line, and satisfy himself that they withstand the application of the testing voltage set out in sub-regulation (1) of regulation 46 and shall duly record the results of such tests and forward them to the Electrical Inspector:

Provided that an Electrical Inspector may direct such owner to carry out such tests as he deems necessary or accept the manufacturer's certified tests in respect of any particular apparatus in place of the tests required by this regulation

(4) The owner of any installation of voltage exceeding 650 V who makes any addition or alteration to his installation shall not connect to the supply his apparatus or electric supply lines, comprising the said alterations or additions unless and until such alteration or addition has been approved in writing by the Electrical Inspector.

7) Regulation 58 OF CEA (Measures relating to safety and electric supply) Regulations, 2010 Clearance above ground of the lowest conductor of overhead lines (1) No conductor of an overhead line, including service lines, erected across a street shall at any part thereof be at a height of less than-

(i) for lines of voltage not exceeding 650 Volt - 5.8 meters


(ii) for lines of voltage exceeding 650 Volts but not exceeding 33 kV- 6.1

meters

(2) No conductor of an overhead line, including service lines, erected along any

street shall at any part thereof be at a height less than- (i) for lines of voltage not exceeding 650 Volts - 5.5 metres

(ii) for lines of voltage exceeding 650 Volts but not exceeding 33 kV - 5.8

metres

(3) No conductor of an overhead line including service lines, erected elsewhere

than along or across any street shall be at a height less than –

(i) for lines of voltage up to and including 11,000 Volts, if bare - 4.6 metres

(ii) for lines of voltage up to and including 11,000 Volts, if insulated - 4.0 metres

(iii) for lines of voltage exceeding 11,000 Volts but not exceeding 33 kV - 5.2

metres

(4) For lines of voltage exceeding 33 kV the clearance above ground shall not

be less than 5.2 metres plus 0.3 metre for every 33,000 Volts or part thereof by which the voltage of the line exceeds 33,000 Volts; Provided that the minimum clearance along or across any street shall not be less than 6.1 metres.

(5) For High Voltage Direct Current (HVDC) lines, the clearance above ground

shall not be less than:- Sl.No. DC Voltage (kV) Ground Clearance

(mtrs.) 1 100 kV 6.1 2 200 kV 7.3 3 300 kV 8.5 4 400 kV 9.4 5 500 kV 10.6 6 600 kV 11.8 7 800 kV 13.9

(6) Ground clearances shall be as specified in schedule-X of the CEA (Measures relating

to safety and electric supply) Regulations, 2010

8) Regulation 60 of CEA (Measures relating to safety and electric supply) Regulations, 2010 Clearance from buildings of lines of voltage and service lines not exceeding 650 Volts.- (1) An overhead line shall not cross over an existing building as far as possible

and no building shall be constructed under an existing overhead line. (2) Where an overhead line of voltage not exceeding 650 V passes above or adjacent

to or terminates on any building, the following minimum clearances from any accessible point, on the basis of maximum sag, shall be observed, namely:- (i) for any flat roof, open balcony, varandah roof and lean-to-roof-


(a) when the line passes above the building a vertical clearance of 2.5 metres from the highest point, and (b)when the line passes adjacent to the building a horizontal clearance of 1.2 metres from the nearest point, and

(ii) for pitched roof- (a)when the line passes above the -building a vertical clearance of 2.5 metres immediately under the line, and (b)when the line passes adjacent to the building a horizontal clearance of 1.2 metres.

(3) Any conductor so situated as to have a clearance less than that specified above shall be adequately insulated and shall be attached at suitable intervals to a bare earthed bearer wire having a breaking strength of not less than 350 kg.

(4) The horizontal clearance shall be measured when the line is at a maximum

deflection from the vertical due to wind pressure. (5) Vertical and horizontal clearances shall be as specified in schedule-Xof the CEA

(Measures relating to safety and electric supply) Regulations, 2010

Explanation: - For the purpose of this regulation, the expression "building" shall be deemed to include any structure, whether permanent or temporary.

9) Regulation 61 of CEA (Measures relating to safety and electric supply) Regulations, 2010 Clearances from buildings of lines of voltage exceeding 650 V: (1) An overhead line shall not cross over an existing building as far as possible

and no building shall be constructed under an existing overhead line.

(2) Where an overhead line of voltage, exceeding 650 V passes above or adjacent to any building or part of a building it shall have on the basis of maximum sag a vertical clearance above the highest part of the building immediately under such line, of not less than-

(i) for lines of voltages exceeding 650 Volts up to and including

33,000 Volt - 3.7 metres (ii) for lines of voltages exceeding 33 kV - 3.7 metres plus 0.30

metre for every additional 33,000 Volts or part thereof. (3) The horizontal clearance between the nearest conductor and any part of

such building shall, on the basis of maximum deflection due to wind pressure, be not less than-

(i) for lines of voltages exceeding 650 V up to and including 11,000 Volts - 1.2 metres

(ii) for lines of voltages exceeding 11,000 V and up to and including 33,000 V - 2.0 metres

(iii) for lines of voltages exceeding 33 kV - 2.0 meters plus 0.3 meter for every additional 33kV or part thereof

(4) For High Voltage Direct Current (HVDC) systems, vertical clearance and

horizontal clearance, on the basis of maximum deflection due to wind pressure, from buildings shall be maintained as below:


S.No DC Voltage (kV) Vertical Clearance (mtrs.) Horizontal Clearance (mtrs.)

1. 100 kV 4.6 2.9 2. 200 kV 5.8 4.1 3. 300 kV 7.0 5.3 4. 400 kV 7.9 6.2 5. 500 kV 9.1 7.4 6. 600 kV 10.3 8.6 7. 800 kV 12.4 10.7

(5) Vertical and horizontal clearances shall be as specified in schedule-X of the

CEA (Measures relating to safety and electric supply) Regulations, 2010

Explanation: - For the purpose of this regulation the expression "building" shall be deemed to include any structure, whether permanent or temporary.


Regulations, 2010 Erection or alteration of buildings, structures, flood banks and elevation of roads:

(1) If at any time subsequent to the erection of an overhead line, whether

covered with insulating material or not, any person proposes to erect a new building or Structure or flood bank or to raise any road level or to carry out any other type of work whether permanent or temporary or to make in or upon any building, or structure or flood bank or road, any permanent or temporary addition or alteration, he and the contractor whom he employs to carry out the erection, addition or alteration, shall give intimation in writing of his intention to do so, to the supplier or owner and to the Electrical Inspector and shall furnish therewith a scale drawing showing the proposed building, structure, flood bank, road or any addition or alteration and scaffolding thereof required during the construction.

(2) On receipt of such intimation, the supplier or owner shall examine,-

(i) whether the line under reference was laid in accordance with the provisions of these regulations and any other law;

(ii) whether it is technically feasible; (iii) whether it meets the requirement of Right of Way (ROW); (iv) whether such person was liable to pay the cost of alteration of the

overhead line and if so, send a notice without undue delay, to such person together with an estimate of the cost of the expenditure likely to be incurred to so alter the overhead line and require him to deposit, within thirty days of the receipt of the" notice, with the supplier or owner, the amount of the estimated cost.

(3) If such person disputes the cost of alteration of the overhead line estimated by the

supplier or owner or even the responsibility to pay such cost, the dispute may be referred to the Electrical Inspector whose decision thereof shall be final

(4) The Electrical Inspector shall estimate the cost of alteration of overhead line on the

following basis, namely:-


(i) the cost of material used on the alteration after crediting the depreciated cost of the material which shall be available from the existing line;

(ii) the wages of labour employed in affecting the alteration; (iii) supervision charges to the extent of-fifteen per cent of the wages

mentioned in sub clause (ii); and charges incurred by the supplier or owner in complying with the provisions of section 67 of the Act, in respect of such alterations.

(5) Any addition or alteration to the building or structure shall be allowed only after the deposit of such estimated cost to the supplier or owner.

(6) No work upon such building, structure, flood bank, road and addition or alteration thereto shall be commenced or continued until the Electrical Inspector has certified that the provisions of regulation 58, 60 and 61 should not be contravened either during or after the aforesaid construction: Provided, that the Electrical Inspector may, if he is satisfied that the overhead line has been so guarded as to secure the protection of persons or property from injury, certify that the work may be executed prior to the alteration of the overhead line or in the case of temporary addition or alteration, without alteration of the overhead line.

(7) The supplier or owner shall, on receipt of such deposit, alter the overhead line in such a way that it does not contravene the provisions regulation 58, 60 and 61 either during or after such construction within two months from the date of such deposit or within such longer period as the Electrical Inspector may allow.

Schedule IV (Form I to III) and Schedule V formats enclosed at the end. B. APPLICATION OF THE ELECTRICITY ACT AND RULES

Section 164 of the Electricity Act 2003 provides as under: - Exercise of Powers of Telegraph Authority in certain cases.- The Appropriate Government may, by order in writing, for the placing of electric lines or electric plant for the transmission of electricity or for the purpose of telephonic or telegraphic communication necessary for the proper co-ordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this act, subject to such conditions and restrictions, if any, as the Appropriate Government may think fit to impose and to the provisions of the Indian Telegraph Act 1885 (13 of 1885) any of the powers which the Telegraph Authority possesses under that Act with respect to placing of telegraph lines and posts for the purpose of a telegraph establishment or maintained, by the Government or to be established or maintained.

(ii) Rules Framed by HP Govt. under Section 67 & 68 of Act.

[Authoritative English Text of this Government Notification No. MPP-A(3)-3/2003-II Dated 03rd February, 2014 as required under Article 348(3) of the Constitution of India].


MPP& POWER DEPARTMENT NOTIFICATION

Shimla-2, the 3rd February, 2014

No. MPP-A(3)-3/2003-II.—In exercise of the powers conferred by section 180 read with sections 67 and 68 of the Electricity Act, 2003 (36 of 2003), the Governor of Himachal Pradesh hereby makes the following rules regarding the works of licensees, namely :—

1. Short title and commencement.—(1) These rules may be called the

Works of Licensees (Himachal Pradesh) Rules, 2014. (2) They shall come into force on the date of their publication in the

Rajpatra, Himachal Pradesh. 2. Definitions.—(1) In these rules unless the context otherwise requires:—

(a) “Act” means the Electricity Act, 2003; (b) “Authorised Officer” means an officer nominated by the

Government of Himachal Pradesh for deciding the issues, (related to Transmission and Distribution Licensee);

(c) “Commission” means the Himachal Pradesh Electricity Regulatory Commission constituted under Section 82 of the Act;

(d) “Energy” means electrical energy generated, transmitted or distributed for any purposes;

(e) “Government” means Government of Himachal Pradesh; (f) “occupier of any building or land” means a person in lawful

occupation of that building or land; (g) “Rules” means the rules framed by the State Government under

the Act; (h) “Repairing Authority” means the person authorized to repair the street or the part of the street and (i) “Works Authority” means the person entitled to work the railway, monorail, matro, canal or waterway.

All other words and expressions used herein and not defined in these rules, shall have the same meanings respectively as assigned to them in the Act and the Electricity Rules, 2005.

3. Licensee to carry out works.—(1) A licensee may – (a) carry out works, lay down or place any electric supply line or other works in,

through, or against, any building, or on, over or under any land whereon, whereover or whereunder any electric supply-line or works has not already been lawfully laid down or placed by such licensee, with the prior consent of the owner or occupier of any building or land;

(b) fix any support of overhead line or any stay or strut required for the purpose

of securing in position any support of an overhead line on any building or land or having been so fixed, may alter such support:

Provided that in case where the owner or occupier of the building or land raises objections in respect of works to be carried out under this rule, the licensee shall obtain permission in writing from the District Collector or any other officer authorised by the Government in this behalf, for carrying out the works:


Provided further that the District Collector or any other officer authorised by the Government in this behalf shall decide and pass an order in writing within 30 days from the date of receipt of application.

(2) While making an order under sub-rule (1), the District Collector or the

officer so authorized, as the case may be, shall fix, after considering the representations of the lawful owner or occupier of premises or land, if any, the amount of compensation or of annual rent, or of both, which should in his opinion be paid by the licensee to the owner or occupier:

Provided that the District Collector or the officer so authorised, as the case may be, while assessing the compensation, may take assistance of the experts of State Agriculture, Horticulture, Forest or Revenue department or any other department as he may think fit:

Provided further that the compensation for loss to the crops will be assessed as under:-

(a) Temporary loss during work execution: Value of crop shall be

estimated with the assistance of the experts;

(b) Temporary loss extending to period beyond execution of work: Value of loss shall be estimated with the assistance of the experts in terms of monetized quantum of loss and the time/season over which loss will continue to occur. Value shall be determined as market rate by experts and compensation assessed accordingly. It shall be paid one time for the entire period of loss or yearly till the loss persists; and

(c) Permanent loss: One year loss is to be estimated to arrive at the value

of compensation. The affected person can take 12 times this amount in one go or it can be paid yearly for 30 years.

(3) Every order made by a District Magistrate or an authorised officer under

subrule (1) shall be subject to revision by the Commission.

(4) Nothing contained in this rule shall effect the powers conferred upon any licensee under section 164 of the Act.

4. Works affecting streets, railway, monorail, metro, canal or waterway.—(1)

Where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works in, under, over, along or across any street, part of a street, railway, monorail, metro, canal or waterway, the licensee shall serve upon the Repairing Authority or upon the Works Authority as the case may be, a notice in writing, not less than 20 days before commencing the execution of the works describing the proposed works, together with a section and plan thereof on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than 1 cm. to 1 metre vertically and 1 cm to 50 metres horizontally and intimating the manner in which, and the time at which, it is proposed to interfere with or alter any existing works, and shall, upon being required to do so by the Repairing Authority or Works Authority, as the case may be, from time to time give such further information in relation thereto as may be desired.


(2) If the Repairing Authority intimates the licensee that it disapproves such works, section or plan giving reasons for disapproval, or approves thereof subject to amendment, the licensee may, unless settled by an agreement, appeal to the Commission within 20 days of receiving such intimation, whose decision, after considering the reasons given by the repairing authority for its action, shall be final.

(3) If the Repairing Authority fails to give notice in writing of its approval or disapproval to

the licensee within 15 days of the receipt of the notice, it shall be deemed to have approved the works, section and plan, and the licensee, after giving not less than forty-eight hours' notice in writing to the Repairing Authority, may proceed to carry out the works in accordance with the notice and the section and plan served under sub-rule (1);

(4) If the Works Authority disapproves such works, section or plan giving reasons for

disapproval, or approves the same subject to amendment, he may, within 15 days after the service of the notice under sub-rule (1) of rule 5, serve a requisition upon the licensee demanding that any question in relation to the works or to compensation, or to the obligations of the Works Authority to others in respect thereof, shall be determined, unless settled by agreement, by the Commission.

(5) Where no requisition has been served by the Works Authority upon the licensee within

the time period provided under sub-rule (4), the Works Authority shall be deemed to have approved the works, section and plan, and in that case, or where, after the matter has been determined by the Commission, the works may, upon payment or securing of compensation, be executed according to the notice and the section and plan, subject to such modifications as may have been determined by the Commission or agreed upon between the parties:

Explanation.—In sub-rules (1) to (5), the word "works" includes a service line in, under,

over, along or across a railway even if such line is immediately attached or intended to be immediately attached to a distributing main, but does not include any other service line so attached or intended to be so attached to a distributing main, or works which consist of the repair, renewal or amendment of existing works of which the character or position is not to be altered.

(6) Where the works to be executed consist of the laying of any underground service line

immediately attached, or intended to be immediately attached, to a distributing main, the licensee shall give to the Repairing Authority or the Works Authority, as the case may be, not less than forty-eight hours' notice in writing of his intention to execute such works.

(7) Where the works to be executed consist of the repair, renewal or amendment of

existing works of which the character or position is not to be altered, the licensee shall, except in cases of emergency, give to the Repairing Authority, or to the Works Authority, as the case may be, not less than fortyeight hours' notice in writing of his intention to execute such works, and, on the expiry of such notice, such works shall be commenced forthwith and shall be carried on with all reasonable efforts, and, if possible, both by day and by night until completed.

(8) Where the works to be executed consist of the alteration of the position of any pipe,

wire or other works necessitated by the licensee’s duties under the Act, the licensee


shall give not less than fourteen days intimation to the owner of such pipe, wire or other works, of his intention to execute such works together with such details as may be required by the owner.

(9) Where the works to be executed consist of digging or sinking a trench near to any

sewer, drain or other works of the Government or local authority or to any works of any duly authorised person, the licensee shall, except in the case of emergency, give not less than forty-eight hours notice to such Government, local authority or duly authorised person of his intention to carry out such works, provided that, nothing in this sub-rule will apply where the licensee is a local authority in respect of any sewer, drain or other works under the control of such local authority.

5. Repairs and works during emergency.—(1) The licensee may, in case of emergency due to the breakdown of an underground electric supply-line, after informing in writing with necessary reasons to the Repairing Authority or the Works Authority, as the case may be, of his intention to do so, carry out the work of repairs to electric supply or place an overhead line or underground cable without complying with the provisions of rule 4 and by observing provisions of safety code, provided that such overhead line shall be used only until the defect in the underground electric supply-line is made good, and in no case (unless with the written consent of the Repairing Authority, Works Authority or occupier as the case may be) for a period exceeding six weeks, and shall be removed as soon as may be after such defect is removed. (2) The licensee may, in case of emergency due to the breakdown of existing works,

execute such works as may be required to restore supply (temporary works) without having to comply with the requirement of these rules as regards time period of prior notice, provided that, the licensee shall remove the temporary works immediately upon repair or restoration as the case may be, of the existing works and in no case later than six weeks from the date of implementation of such temporary works unless the Repairing Authority, Works Authority or occupier, as the case may be, provides a written consent to retain the temporary works.

6. Procedure for carrying out other works near sewers, pipes or other electric lines or works.—(1) The licensee or any duly authorised person, as the case may be (hereinafter in this rule referred to as "the operator"), shall –

(a) where the licensee requires to dig or sink any trench for laying down any new electric supply-lines or other works, near to which any sewer, drain, water-course or work under the control of the Government or of any local authority, or any pipe, syphon, electric supply-line or other work belonging to any duly authorised person, has been lawfully placed; or

(b) where any duly authorised person is required to dig or sink any trench for laying down or constructing any new pipes or other works, near to which any electric supply-lines or works of a licensee have been lawfully placed;

unless it is otherwise agreed upon between the parties interested or in case of sudden emergency, give to the Government or local authority, or to such duly authorized person or to the licensee, as the case may be (hereinafter in this rule referred to as "the owner"), not less than forty-eight hours' notice in writing before commencing to dig or sink the trench and the owner shall have the right to be


present during the execution of the work, which shall be executed to the reasonable satisfaction of the owner.

(2) Where the operator finds it necessary to undermine, but not to alter, the position of

any pipe, electric supply-line or work, he shall support it in position during the execution of the work, and before completion shall provide a suitable and proper foundation for it where it is so undermined.

(3) Where the operator (being the licensee) lays any electric supply-line across, or so

as to be likely to touch, any pipes, lines or service-pipes or servicelines belonging to any duly authorised person or to any person supplying, transmitting or using energy under the Act, he shall not, except with the written consent of such person and in accordance with the regulations on safety as specified under section 53 of the Act, lay his electric supply-lines so as to come into contact with any such pipes, lines or service-pipes or service-lines.

(4) Where the operator makes default in complying with any of the provisions of this

rule, he shall be liable to pay full compensation for any loss or damage caused on this account.

(5) Where any difference or dispute arises under this rule, the matter shall be

determined by the Commission. (6) Where the licensee is a local authority, the references in this rule to the local

authority and to sewers, drains, water-courses or works under its control shall not apply.

7. Alteration of the position of pipes, electric line, etc.—(1) Any licensee may

alter the position of any pipe (not forming part of a local authority's main sewer), or of any wire under or over any place which he is authorised to open or break up, if such pipe or wire is likely to interfere with the exercise of his powers under the Act; and any person may alter the position of any electric supply-lines or works of a licensee under or over any such place as aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him.

(2) The licensee or any other person authorised by him desiring to make the

alteration, unless otherwise agreed, shall, not less than one month before commencing any alteration, serve upon the person for the time being entitled to the pipe, wire, electric supply- lines or works, as the case may be (hereinafter in this rule referred to as "the owner"), a notice in writing, describing the proposed alteration, together with a section and plan thereof on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than 1 cm to 1 metre vertically and 1 cm to 50 metres horizontally, and intimating the time when it is to be commenced, and shall subsequently give such further information in relation thereto as the owner may desire.

(3) The owner may, within fourteen days after the service of the notice, section and

plan, serve upon the operator a requisition to the effect that any question arising from the notice, section or plan, shall, unless settled by agreement, be determined by Commission, and thereupon the matter shall be determined by the Commission.

(4) The Commission to whom a reference is made under sub-rule (3), shall have regard to any duties or obligations to which the owner is bound, and may require the


operator to execute any temporary or other works so as to avoid, as far as possible, interference therewith.

(5) Where no requisition is served upon the operator under sub-rule (3) within the time

limit, or where such a requisition has been served and the matter has been settled by agreement or determined by the Commission, the alteration may, upon payment or securing of any compensation accepted or determined by the Commission, be executed in accordance with the notice, section and plan and subject to such modifications agreed upon between the parties or as may have been determined by the Commission.

(6) Where the operator desiring to make the alteration makes default in complying with

any of the provisions of this rule, he shall be liable to pay full compensation for any loss or damage caused on this account, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by the Commission.

(7) Where the owner or occupier desires to carry out certain works himself-

(i) he may, at least ten days before the operator desiring to make the alteration of pipes or wires is entitled to commence the alteration, serve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in default of agreement, determined by the Commission:

Provided that, such works shall be executed by a Licensed Electrical Contractor on behalf of the owner in accordance with the specifications and standards provided by the licensee;

(ii) where a statement is served upon the operator under clause (i), he shall,

not less than forty-eight hours before the execution of the alteration is required to be commenced, furnish such security and serve upon the owner a notice in writing intimating the time when the alteration is required to be commenced, and the manner in which it is required to be made; and thereupon the owner may proceed to execute the alteration as required by the operator;

(iii) where the owner declines to comply, or does not, within the time and in the

manner specified by a notice served upon him under clause. (ii) comply with the notice, the operator may himself execute the alteration and

(iv) all expenses incurred by the owner in complying with a notice served upon

him by the operator under clause (ii) may be recovered by him from the operator.

8. Works not repairable by the Government, licensee or local authority.—The licensee shall open or break up any street not repairable by the Government or a local authority only with the written consent of the person by whom the street is repairable or with the written consent of the Government, provided that the Government shall not give any consent as aforesaid, until the licensee has given notice by advertisement or otherwise as that Government may direct, and within such period as the that Government may fix in


this behalf, to the above referred person, and until all representations or objections received in accordance with the notice have been considered by the Government. 9. Procedure for fencing, guarding, lighting and other safety measures relating to works and immediate reinstatement of streets, railways, sewers, drains or tunnels.—(1) Where any person, in exercise of any of the powers conferred by or under these rules opens or breaks up the soil or pavement of any street, railway or tramway, or any sewer, drain or tunnel, he shall—

(a) immediately cause the part opened or broken up to be fenced and guarded and fix caution boards to alert traffic;

(b) cause a light or lights, sufficient for the warning of passengers before sunset, to be set up and maintained until sunrise against or near the part opened or broken up;

(c) make suitable arrangements for smooth flow of traffic;

(d) fill in the ground and reinstate and make good the soil or pavement, or the sewer, drain or tunnel, opened or broken up with all reasonable speed, and carry away the rubbish occasioned by such opening or breaking up; and

(e) after reinstating and making good the soil or pavement, or the sewer, drain or tunnel broken or opened up, keep the same in good repair for three months and for any further period, not exceeding nine months, during which subsidence continues.

(2) Where any person fails to comply with any of the provisions of sub-rule (1), the

person having the control or management of the street, railway, tramway, sewer, drain or tunnel in respect of which the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to execute, and may recover from him the expenses incurred in such execution.

(3) Where any person has undertaken any works provided for in this Rule, he shall pay

such charges as may be specified by the Repairing Authority or owner, towards cost of reinstating and making good the soil or pavement, or the sewer, drain or tunnel, as the case may be. The Repairing Authority, after reinstatement is carried out, shall refund the excess amount within a period of three months alongwith a statement of actual expenditure incurred for the reinstatement job.

(4) Where any person fails to comply with any of the aforesaid clause, the Repairing

Authority or the owner, as the case may be, in respect of which the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to execute, and may recover from him the expenses incurred in such execution.

(5) Where any difference or dispute arises as to the amount of the expenses incurred

or non refund of excess amount under sub-rule (2) or (3), the matter shall be determined by the Commission.

10. Provision relating to Overhead line.—(1) An overhead line shall be installed or kept installed above ground with the approval of the Government:


Provided that this rule shall be applicable above 11 KV lines only and the licensee shall be deemed to be authorised upto 11 KV system for the purpose without obtaining any prior approval of the Government as required under subsection (1) of section 68 of the Act.: Provided further that the licensee may, in case of an emergency, due to the breakdown of an underground electric line, after giving notice in writing to the Repairing Authority or the owner, as the case may be, of his intention to do so, place an overhead line till the restoration of underground line without the prior approval of the Government. (2) Where any tree standing or laying near an overhead line or where any structure or

other object which has been placed or fallen near an overhead line subsequently to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance of transmission of energy or the accessibility of any works, a Magistrate of the first class, may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit.

(3) While disposing of any application under sub-rule (2), the Magistrate shall, in the

case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee.

[Explanation.—For the purpose of this rule, the expression “tree” shall be deemed to include any shrub, hedge, jungle-growth or other plant].

11. Removal of tree or structure etc.—(1) The licensee, within two days, of noticing of any tree standing or lying near an overhead line or any structure raised or other object placed or fallen near an overhead line, subsequently to the placing of such line, which interrupts or interferes with or likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, move an application to the Executive Magistrate having the jurisdiction over the area where such development has taken place or the authority specified by the Government, for causing the tree, structure or object to be removed. (2) The Executive Magistrate or the authority specified by the Government, within two

days of the receipt of an application, issue a notice to the person interested/owner of the tree, structure or object, to remove the tree, structure or object at his/her own cost within seven days of the receipt of the notice.

(3) In case the person interested/owner of the tree, structure or object, fails to abide

by the directions as contained in the notice, the Executive Magistrate or the authority specified by the Government shall cause the tree, structure or object to be removed and recover the cost of such removal from the owner:

Provided that in case the Executive Magistrate or the authority specified by the Government arrives at a decision that the tree in question was in existence before placing of the overhead line, reasonable compensation shall be awarded in favour of the person interested/owner:

Provided further that the Executive Magistrate or the authority specified by the Government, as the case may be, while assessing the compensation, may take


assistance of the experts of the Forest or Revenue Department or any other department as he may think fit.

(4) In case the Executive Magistrate or the authority specified by the Government after

hearing the parties decides that in the interest of the justice it will be appropriate to alter the alignment of the overhead line instead of removal of the tree, structure or object, the cost of such alteration shall be got assessed by the Executive Magistrate or the authority specified by the Government and direct the owner of the tree, structure or object to pay the cost to the licensee within seven days of passing of such an order to this behalf.

(5) In case the owner fails to pay the cost to the licensee within seven days of passing

of the order, the Executive Magistrate or the authority specified by the Government, on an application in this behalf, proceed in accordance of the provisions of sub-rule (3) above: Provided that the Executive Magistrate or the authority specified by the Government shall conclude the proceedings under this rule within 30 days of the receipt of the application under subrule (1) above.

12. Avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works.—The licensee shall, while carrying out works, ensure that such works do not cause public nuisance, environmental damage and unnecessary damage to the public or private property.

13. Manner of deposit of amount for restoration of railways, tramways, waterways etc.—The licensee shall deposit the amount for restoration of railways, tramways, waterways etc. under these rules by means of demand draft in favour of the officer-in-charge of the maintenance of the works concerned.

14. Manner of restoration of property affected by such works and maintenance thereof.—The licensee shall carry out the restoration of property affected by works and undertake necessary maintenance thereof for one month.

15. Determination and payment of compensation to affected persons.—(1) Where the licensee makes default in complying with any of the provisions of these rules, he shall make full compensation for any loss or damage caused thereby to the person affected, as may be determined by the District Magistrate or by any other officer authorised by the Government in this behalf, if not agreed mutually between the parties concerned. (2) Where any difference and dispute arises as to the amount of compensation

determined under sub-rule (1), the matter shall be determined by the Commission.

16. Procedure for deposit of compensation payable by the licensee and furnishing of security.—(1) The amount of compensation payable by the licensee under these rules shall be deposited by means of demand draft. (2) The security required to be furnished under these rules shall be in the form of Bank

Guarantee from a Scheduled Bank or in any other form as may be notified by the Government from time to time.

17. Determination of dispute or difference by the Commission.—When a matter is brought to the Commission for determination under these rules, the matter shall be determined by the Commission within a period of thirty days after hearing the parties concerned.


18. Service of notice etc.—Whenever a notice or intimation is required to be served upon a person under these rules, the procedure provided under section 171 of the Act and rules made thereunder shall be followed.

By order, Principal Secretary (Power).


*SOME ESSENTIAL TERMS IN COMMON USAGE*

[Contains explanation of the term in Common Usage for the Guidance of Non-technical staff]

1. Electricity—It is comparatively easier to describe what electricity can do

rather than to give a single and direct answer to the question as to what exactly is meant by electricity. It is a sort of a medium or an invisible agent which is responsible for a number of phenomena. It is a form of energy which can be transformed to other forms of energy like heat, light, sound, etc. The most distinctive feature about it is the case with which it can be transmitted over long distances.

2. Voltage—It is the electric pressure or degree of electrification which is

responsible for the flow of current. It is analogue to the water head or potential (i.e. pressure) by virtue of which water flows from one place to another. Just as the height of water column from the ground level determines the water pressure, the electric potential (pressure) is also measured with reference to the earth potential which is taken as zero. The practical unit of electric potential is volt which can be measured with the help of a voltmeter.

3. Electric Current –Is the flow of electricity. Like water the electric current

also flows from a higher to a lower level (from a higher to a lower potential as is usually termed). Just as water flow ceases when there is no difference in level, the electric current also ceases when there is no difference in potential. In other words, the difference of potential is a pre-requisite for the current to flow. Practical unit of Current is Ampere and is measured with the help of Ampere-meter (usually called Ammeter). An ordinary lamp of 60 watts approximately draws ¼ of an ampere.

4. Electric Power—Is the rate of doing work and is the multiplication of

current (A) and the voltage (V). As in the case of water, the height of water column and the quantity of water flowing determines its power, the electric power also is determined by the voltage and the amount of current flowing:

Power=Voltage x Amperage.

The power derived from a current of one ampere flowing under a voltage of one volt is said to be equal to one watt. The electricity consuming apparatus is rated in terms of either kilo watts (1000 watts) or in terms of Horse power. Whereas heaters, coolers, bulbs, fans etc. are rated in watts or kilo watts; the electric motors are rated in Horse Power.

One Horse Power (H.P.)=746 watts.

5. Electrical Energy (i.e. the capacity of doing work)—Practical unit of electrical energy is kilowatt hour (kWh) or ‘Unit’ as it is called in common language. One unit of energy is said to be consumed when electric appliances with rating of 1000 watts are worked for an hour or when an ordinary bulb of 25 watts is put on for 40 hours. Similarly a motor of 10 Horse Power (equal to 7.46 KW) if run for 2 hours will consume 14.92 or say 15 units (but this is dependent on Demand Factor also. If the demand


Factor is 50% the consumption will almost be reduced to half i.e. 7.5 units). Electrical energy is measured by means of an Energy Meter which is generally installed at the premises of every consumer.

6. Conductors – Just as a path is required for the water to flow from one

place to another, conductors are needed for the flow of electric current. By virtue of their inherent properties usually metals like silver, copper, aluminum etc. are good conductors of electricity whereas Bakelite, mica porcelain etc. are bad conductors and are called insulators. Sliver is the best conductor but it is costly. Usually for transmission and distribution of power, copper and aluminum conductors are employed.

7. Resistance—It is the inherent property of substance which resists or

opposes the flow of electricity. Obviously good conductors have low resistance, whereas bad conductors have very high resistance. The practical unit of measuring resistance is called ‘Ohm’.The resistance of a conductor is said to one ohm, when a potential difference of 1-volt applied at its ends, causes a current of one ampere to flow through it, for a given potential difference, the higher the resistance, the lesser the flow of current. It is for this reason that conductors with smaller resistance are used for transmission and distribution of electric power.

Resistance is directly proportional to the length of the conductor or the line, and is inversely proportional to cross section (thickness) of the conductor. In other words, greater the length, greater is the resistance, but greater the thickness the lesser the resistance.

P = V x l Where P is Power R = V/l V is voltage

Or V = l x R I is current P = l2 x R R is resistance.

8. Line Losses—Whenever, an electric current flows through a circuit (a closed path) heat is developed, for here the current is working to overcome the opposition of the conductor. There is limit to the heating which can be allowed for a particular conductor so that its mechanical properties in respect of strength etc. do not get deteriorated. This limit is usually called the thermal limit and governs the maximum loading which can be allowed on a particular type and size of conductor.

The generation of heat during the process of flow of current consumes some of the electrical power. This is known as the line loss,the higher the resistance, the more the losses. These power losses are proportional to the square of the current (I) flowing through a line or a circuit, and directly proportional to the resistance (R). The power losses ‘P’ of line or a circuit are equal to l2 x R (as above).

To carry any fixed quantum of power from one place to another, if the transmission voltage is increased, the current flowing through that transmission system will decrease, thereby appreciably reducing the losses as these are proportional to square of the current. If the transmission


voltage is increased to (say) 4 times, the current reduces to ¼ and the power losses reduces to (¼)2 i.e. 1/16. The transmission voltage is kept as high as possible consistent with factors of economy and arrangements are, therefore, made in transforming one voltage to another, so that losses are as low as possible. The equipment to transform from one voltage to another is called a ‘Transformer’.

9. Transformation Losses – Usually the voltage at which supply is generally

at Hydro Electric Stations is 11 KV (11,000 Volts). Before transmission over the grid it is transformed to 220 or 132 KV (i.e. 2,20,000 or 1,32,000 volts) through what are called ‘step-up’ transformers. The voltage is transformed back to 11kVeither through single or multistage ‘step-up ’transformers at the various Grid Sub-Station, usually located at the load centers from where the supply is further retailed.

For bigger consumers supply is retailed directly at 11KV whereas for smaller consumers the supply voltage is generally 400V (3 phase supply) and 230 V (singly phase). Just as the transmission of electric power is accompanied by a certain amount of loss of power, the transformation, whether stepping up or down, also involves some loss of power which is called Transformation losses. The loss of power in transformation is composed of two elements viz., (i) Copper losses and (ii) Core or Iron losses.

Copper Losses are analogous to the line losses and are dependent upon the quantum of power being transformed. If at any time no power is being transformed (i.e. when there is no load on the transformer), there are no copper losses. But the IRON LOSSES which are due to the design characteristics of the transformer are almost constant and go on taking place for so long as the transformer is in circuit irrespective of whether there is any load on it or not. In the rural areas the transformers are usually under-loaded most of the time, but since the iron losses continue at a constant rate, the percentage of losses to the total power utilized is therefore, very high.

10. Demand—Demand of a system means its power requirements (usually

measured in KW or KVA) averaged over a suitable and specified interval of short duration. For practical reasons the demand averaged over a period of 30 minutes is taken into consideration because the instantaneous demand which may be very high (at the time of a fault, a switching operation, or during a particular process of an industry) does not have much effect on the overall system.

11. Maximum Demand---Maximum Demand of an installation is defined as

the greatest of all the demands which have occurred during a given period say during a day, or a month or a year. The maximum demand is measured with the help of a Maximum Demand Indicator.

12. Demand Factor--- It is defined as the ratio of actual maximum demand

made by a load to the total connected load.


Demand Factor =oadConnectedL

andMaximumDem

13. Diversity Factor –The maximum demands of a number of consumers are not likely to occur at the same time. In other words there is diversity between the maximum demands of different consumers. The maximum demands on the supply or generating system is, therefore, much less than the sum of the maximum demands of all individual consumers. The ratio of the sum of the maximum demands of the separate consumers to their simultaneous maximum demand is called Diversity Factor. It is usually greater than unity.

14. Load Factor—It is defined as the ratio of the power requirements during a

particular period to the maximum demand. In other words, it denotes the extent of utilization of electric power Load Factor is improved by the reduction of maximum demand which is achieved by increasing the Diversity Factor for certain installation. The Load Factor will improve with the better utilization of available load (i.e. the consumption of more energy units for a certain load will give better Load Factor).

Load Factor =erDemandMaximumPow

erAveragePow

15. Connected Load Factor –The ratio of the average power to the

connected load is called connected load factor. Connected Load Factor =Load Factor x Demand Factor

From the know figure of connected load Factor (or load and Demand Factor) of an industry the energy consumed can be calculated. Supposing connected load for a certain installation is 75kW. Its Demand Factor is 80% and Load Factor 40% the annual consumption would be:

Units consumed = 75KW x 40% x 80% x 8760

= 2, 10, 240 kWh (8760 being the number of hours in a year)

16. Power Factor: Most of the load demand on the electric power supply system is composed of A.C. Induction Motors and such apparatus which by virtue of their inherent characteristics draw more current than is warranted by the actual load requirements. This excess current is usually used in charging and discharging the magnetic system of the electrical apparatus.

The drawl of excess current is necessitated because of the current becoming sluggish with reference to the voltage or in other words current lagging the voltage---as it is called in electrical terminology. The extent of ‘Lag’ depends upon the design features of a particular apparatus.

In certain cases a reverse phenomenon i.e. current leading the voltage can also happen as in the case of a synchronous motor, but usually the current lags the voltage with the result that the product of current and voltage (volt-amperes) as explained under item 4 above does not give the true


power but is the apparent power. This power is usually greater than the true power. The ratio of the true power to Apparent Power or of the useful current to the total current is known as Power Factor.

True Power (watts) = volts x amperes x power factor, or K.W. =K.V.A. x Power Factor.

The adverse effect of low Power Factor on an electric power supply system can well be gauged from the example given below:

If a generator is capable of supplying 1000 amperes at 500 volts (i.e. with a rating of 1000Ax 500V or 500 K.V.A.), the quantum of load supplied by the generator at unity Power Factor would be 500 KW. At 0.6 Power Factor the load supplied would be (1000 A* 500V *0.6P.F.)300kW.This means that the usefulness of the generator will decrease in the same ratio. In case any attempt is made to draw power more than 300 KW, the generator will have to supply more current i.e. it would be over loaded. Similarly the transmission/distribution system will also be over loaded. This, in addition to enhanced line losses and voltage drop because of increased drawl of current, will also require the system to be augmented for carrying more current.

It is therefore, usual for the supplier to (i) charge the maximum demand on K.V.A. (apparent power) basis rather than on K.W. (the true power) and (ii) require the consumer to install the requisite apparatus for improving the power factor to a specified limit.


*SOME OF THE REGULATIONS/ CODE NOTIFIED BY HPERC*

AUTHORITATIVE ENGLISH TEXT HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION

SHIMLA No: HPERC/____ Dated: Shimla, the 21st June, 2004 NOTIFICATION The Himachal Pradesh Electricity Regulatory Commission in exercise of the powers conferred by sub-section (1) of section 181, read with sub-section (1) of section 43, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, after previous publication, hereby makes the following regulations, namely:- REGULATIONS 1. Short title, extent and commencement - (1) These regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004. (2) These regulations shall be applicable to all distribution licensees in their respective licensed areas, in the State of Himachal Pradesh. (3) These regulations shall come into force on the date of their publication in Rajpatra, Himachal Pradesh. 2. Definitions - In these regulations, unless the context otherwise requires, -

(a) “Act” means the Electricity Act, 2003 (36 of 2003);

(b) “adjudicating officer” means any Member of the Commission appointed by the Commission to adjudicate on matters specified under the Act to be adjudicated by him;

(c) "applicant" means the owner or occupier of any premises who

makes an application to the distribution licensee for supply of electricity;

(d) “Commission” means the Himachal Pradesh Electricity Regulatory

Commission;

(e) “extra high tension (EHT) consumer” means a consumer who is supplied electricity at a voltage higher than 33000 volts;

(f) “high tension (HT) consumer” means a consumer who is supplied electricity at a voltage higher than 440 volts; but not exceeding 33000 volts;

(g) “low tension (LT) consumer” means a consumer who is supplied

electricity at a voltage upto 440 volts;


(h) “month” means the calendar month and the period of about 30 days between the two consecutive meter readings shall also be regarded as a month for purpose of billing; and

(i) the words and expressions used and not defined in these

regulations but defined in the Act shall have the meanings as assigned to them in the Act.

3. Duty of licensee to supply on request - (1) On the receipt of an application from the owner or occupier of the premises, every distribution licensee shall, within the time frame specified hereunder, issue, by a registered post/speed post, a demand notice to the applicant, clearly indicating –

(a) all deficiencies to be made good and the codal formalities to be completed by the applicant;

(b) necessity to furnish the test report from the approved Wiring Contractor;

(c) the exact amount of charges and security to be deposited by the applicant :-

Type of service connection requested

Period from date of receipt of application within which demand notice should be issued.

Low Tension (LT) supply (10) days

11KV supply (15) days

22 KV supply (15) days


Extra High Tension (EHT) supply

(60) days

(2) Every distribution licensee shall, upon the applicant making good the deficiencies and completion of codal formalities and payment of charges and security, as indicated in the demand notice under sub-regulation (1), give supply of electricity to the premises within the time specified in sub-regulation (3). (3) The distribution licensee shall give supply of electricity to the premises -

(a) where no extension of distribution mains or commissioning of new sub-station is required for effecting such supply, within twenty days reckoned from the completion of the codal formalities and the payment of charges and security amount stated in the demand notice under sub-regulation (1);

(b) in cases where such extension of distribution mains or commissioning of

new sub-station is required but there is no requirement of erecting and commissioning a new 33/11kV sub-station, within the time frame specified hereunder:

Type of service connection requested

Period from date of completion of codal formalities required vide demand notice, within which supply of electricity should be provided

Low Tension (LT) supply (40) days



22 KV supply (30) days


Extra High Tension (EHT) supply

(120) days

Provided that the distribution licensee may approach the Commission for extension

of the time specified above, in specific cases where the magnitude of extension is such that the licensee will require more time, duly furnishing the details in support of such claim for extension and if satisfied with the justification given by the distribution licensee, the Commission may extend the time for commencing the supply;

(c) in the case of application for new connection, where extension of supply requires erection and commissioning of new 33/11 KV sub-station, the distribution licensee shall, within 15 days of receipt of application, submit to the Commission a proposal for erection of 33/11 KV sub-station together with the time required for commissioning the sub-station. The Commission shall, after hearing the distribution licensee and the applicant concerned, decide on the proposal and the time frame for erection of the sub-station. The distribution licensee shall erect and commission the sub-station and commence power supply to the applicant within the period approved by the Commission:

Provided that, where such sub-station is covered in the investment

plan approved by the Commission, the distribution licensee shall complete the erection of such sub-station within the time period specified in such investment plan. (4) The distribution licensee shall not be responsible for the delay, if any, in extending the supply, if the same is on account of problems relating to right of way, acquisition of land, or the delay in consumer’s obligation to obtain approval of the Chief Electrical Inspector for his High Tension or Extra High Tension installation, or for any other similar reasons beyond the reasonable control of the distribution licensee.

Provided that if any dispute arises whether the delay in extending the supply is attributable to the reasons beyond the control of the distribution licensee or not, it shall be decided by the Commission and the decision of the Commission shall be final and binding. (5) Subject to the above it shall be the responsibility of the distribution licensee to have necessary commercial arrangements with the respective transmission licensee(s) to ensure that the required supply at Extra High Tension (EHT), i.e. above 33 KV, is made available within the time frame specified under sub-regulation (2). (6) In cases where the village or hamlet or area is not electrified earlier, the distribution licensee shall give supply of electricity to premises in such village or hamlet or area as per the programme of electrification of habitations covered in the investment plan approved by the Commission, within the time frame specified in such investment plan approved by the Commission. 4. Consequences of default - (1) The distribution licensee who fails to comply with the time frame for supply of electricity stipulated in regulation 3 shall be liable to pay penalty as may be decided by the adjudicating officer of the Commission in accordance with sub-section (3) of Section 43 of the Act.


(2) The liability to pay penalty under these Regulations for default if any, shall not absolve the distribution licensee from the liability to pay compensation to the affected person as per the regulations notified under sub-section (2) of Section 57 of the Act. 5. Force Majeure - The time frame specified in regulation 3 shall not be operative where the distribution licensee is prevented from giving supply of electricity on account of cyclones, floods, storms and other occurrences beyond his control. 6. Interpretation - All issues arising in relation to interpretation of these regulations shall be determined by the Commission and the decision of the Commission on such issues shall be final. 7. Issue of orders and practice directions - Subject to the provisions of the Act and these regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of this regulation and procedure to be followed on various matters, which the Commission has been empowered by this regulation to direct and matters incidental or ancillary thereto. 8. Power to Remove Difficulties - (1) If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may by general or special order take suitable action, or direct the distribution licensee to take such suitable action, not being inconsistent with the Electricity Act, 2003, which appears to be necessary or expedient for the purpose of removing such difficulties. (2) Subject to the provisions of the Act, the Commission may by an order, at any time add, vary, alter, modify or amend any provisions of these regulations. (3) Every order made this regulation shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

BY ORDER OF THE COMMISSION,

Secretary


AUTHORITATIVE ENGLISH TEXT

HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA F.No.HPERC/414 Dated: Shimla, the 30 March,2005 NOTIFICATION The Himachal Pradesh Electricity Regulatory Commission, in exercise of the powers conferred by clauses (v) and (w) of sub-section (2), of section 181 read with section 47 of the Electricity Act, 2003(36 of 2003) and all other powers enabling it in this behalf, after previous publication, hereby makes the following regulations, namely :- REGULATIONS 1. Short title, extent and commencement.- (1) These Regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005. (2) These regulations shall be applicable to all distribution licensees in their respective licensed areas, in the State of Himachal Pradesh. (3) These regulations shall come into force from the date of their publication in the Rajpatra, Himachal Pradesh. 2. Definitions - In these regulations, unless the context otherwise requires, - (a) “Act” means the Electricity Act, 2003 (36 of 2003); (b) "applicant" means the owner or occupier of any premises who makes an application

to the distribution licensee for supply of electricity; (c) “Commission” means the Himachal Pradesh Electricity Regulatory Commission; (d) “consumption charges” means the consumption of electrical energy in kWh or kVAh

multiplied by appropriate tariff rates and also includes demand/fixed charges, and customer charges etc., wherever applicable;

(e) “licensee” means a distribution licensee authorized to operate and maintain a

distribution system and supply electricity at any voltage to consumers in the concerned area of supply;

(f) “month” means the calendar month and the period of about 30 days between

the two consecutive meter readings shall also be regarded as a month for the purpose of billing;

(g) “person” shall include any company or body corporate or association or body of

individuals, whether incorporated or not, or artificial juridical person and also includes the Central and the State Government Department, the State Government Undertaking and their employees.

(h) “State” means the State of Himachal Pradesh; and (i) other words and expressions used and not defined in these regulations, but defined

in the Act, shall have the meanings as assigned to them in the Act. 3. Power to require security.- (1) The distribution licensee shall require every person, who requires a supply of electricity to his premises in pursuance of section 43 of the Act, to give security as provided in regulation 4, for the payment of all monies, which may become due to the licensee -

(a) in respect of the electricity supplied to such person; or/and

Published on HP Rajpatra on 30.03.2005


(b) where any electric line or electrical plant or electric meter is to be provided for supplying electricity to such person, in respect of the provision of such line, plant and/or meter.

1[Provided that the licensee may not obtain such security in case where the supply of electricity is required for its own use.] (2) If such person fails to give such security under sub-regulation (1), the distribution licensee may refuse to give the supply of electricity or to provide the line or plant or meter for the period during which the failure continues. 4. Security deposit for the supply of electricity: - (1) The consumer shall, at all times maintain with the licensee an amount equivalent to consumption charges for the billing cycle period, as security during the period the agreement for supply of energy to such consumer remains in force: Provided that where billing cycle is changed the security deposit shall be reduced/increased on pro-rata basis. (2) If any person is prepared to take the supply through a pre-payment meter, the distribution licensee shall not be entitled to collect the security deposit in respect of the electricity supplied to such person: Provided that in the case of existing consumer who opts for the supply through the pre-payment meter, the licensee shall refund the amount of the security deposit of such consumer lying with the licensee. (3) The initial security deposit payable at the time of releasing the supply shall be at flat rates mentioned in regulation 5. **2{(4) The amount payable by the consumer towards the initial security deposit

under these Regulations shall be in the form of cash/demand Draft (DD) drawn in favour of

the licensee:

Provided that where the amount of initial security deposit payable at a time i.e. at the time

of release of new connection or for sanction of additional load exceeds Rupees ten lacs, the

consumer may opt to furnish such deposit in shape of bank guarantee and may continue to

avail the facility of bank guarantee subject to provision of sub- regulation (6):

Provided further that the consumers who have already furnished the initial security deposit

in shape of bank guarantee may also continue to avail the facility of bank guarantee

irrespective of the amount of deposit, subject to the provision of sub- regulation (6).

(5) The amount payable by the consumer towards the additional Deposit under these

Regulations shall also be in the form of cash/demand Draft (DD) drawn in favour of the

licensee:

Provided that the consumers who have furnished the initial security deposit in shape of bank

guarantee as per the provision under sub-regulation 4, or where the amount of additional

security deposit payable by the consumer at a time exceeds Rupees ten lacs, the consumer

1 Inserted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) (Second Amendment) Regulations,

2015(w.e.f. 15.12.2015) 2 Inserted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) (Second Amendment) Regulations,

2015(w.e.f. 15.12.2015)


shall have the option, subject to the provisions of sub regulation (6), to furnish such deposit

in shape of bank guarantee.

(6) (a) The consumer shall get, or cause to get, at least sixty days before the expiry

of the validity period, any bank guarantee(s) furnished by him as per sub-

regulations (4) and (5), extended for a minimum period of next three years at

a time.

(b) In case a consumer fails to renew any such bank guarantee, as referred to in

clause (a) above, within the validity period, the licensee shall recover the

corresponding amount from the consumer in shape of cash/demand draft and

such consumer shall not be entitled to avail the facility of bank guarantee for

any future security deposit for a period of three years from the date of expiry

of the validity of such bank guarantee.

(7) The Security deposit furnished in shape of cash/demand draft etc. shall not be

refunded for facilitating its conversion into bank guarantee at any subsequent stage.}**

5. Initial security deposit. - (1)The applicant shall pay initial security deposit towards the electricity to be supplied to him at the flat rates as given in the following table :-

Table

Sr. No.

Type of category Initial security deposit per kW/kVA or fraction thereof of connected load/contract demand (amount in rupees)

4 months billing

3 months billing

2 months billing

monthly billing

1

Tribal areas, remote, difficult and hard areas - all categories except temporary metered supply and street light supply upto 20 kW.

330

2 Tribal areas, remote, difficult and hard areas-all categories above 20 kW except industry, bulk supply, temporary metered supply and street light supply.

240

3

Rural areas all categories upto 20 kW, except industries, temporary metered supply and street light supply. 360

4 Rural areas all categories above 20 kW, except industries and bulk supply, temporary metered supply and street light supply. 120


5

Urban areas up to 20 kW except industries, bulk supply, temporary metered supply and street supply

(a) DS 340

(b) CS/NDNCS/WPS 700

6

Urban areas above 20 kW except industries, bulk supply, temporary metered supply and street supply

(a) DS 170

(b) CS/NDNCS/WPS 350

Industries bulk supply, temporary metered supply and street light supply.

7 Small and medium industries power supply upto 20 KW for all areas except tribal, remote, difficult and hard areas 500

8 Small and medium industrial power supply (Above 20 kW to 100 kW) for all areas 750

9 Large industries power supply (above 100 kW) for all areas 1000

10 Bulk supply (BS) for all areas 850

11 Temporary metered supply for all areas 850

12 Street light supply above 20 kW for all areas 500

Explanation.-For the purpose of this regulation,- (a) “remote, difficult and hard areas” means the areas which are declared as remote, difficult and hard areas by the State Government from time to time. (b)”rural areas” means the areas which are not the urban areas. (c) “tribal areas” means such areas as may by order be declared to be Scheduled Areas under Part-C of the Fifth Schedule to the Constitution of India. (d) “urban areas” means the areas which are declared as the larger urban areas, the smaller urban areas or the transitional urban areas under the Act concerning the municipalities. 3[(e) “Below Poverty Line (BPL) beneficiary” means the person belonging to very poor

category of persons below poverty line, declared as such, by general or special order, by

Central/State Government, from time to time.]

(2) 4[ Initial security deposit .- The initial security deposit per kw/kVA or fraction thereof

.-

3 Inserted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) (First Amendment)

Regulations, 2011. 4 Inserted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) [Removal of

Difficulties] (First) Order, 2005( Oct.,2005)


1. wherever the tariff is single part i.e. kwh, shall be on the

basis of the connected load; and

2. wherever the tariff is two part on demand and energy charge,

shall be on the basis of the contract demand. ]

In the case of consumers who have sanctioned additional demand, the additional security deposit shall be calculated only for the additional demand. 5[(2A) The Below Poverty Line (BPL) beneficiaries in the State for supply of electricity to

them, for residential or domestic usage, shall pay the initial security deposit equal to ‘ one

half ’ (or ‘50%’) of the respective rate of initial security deposit, specified in the Table

under sub regulation (1).]

(3) If the applicant does not make payment of initial security deposit in terms of this regulation, the licensee can refuse to release supply. 6. Review and payment of additional security deposit for the electricity supplied .- 6[(1) In respect of the consumers credit–rated as poor under regulation 9, the

adequacy of the amount of security deposit viz- a-viz the charges for the period equivalent

to summation of the billing cycle and additional one month, shall be reviewed by the

licensee generally once in every year (preferably after revision of tariff for the respective

year), based on the average consumption for the period representing 12 (twelve) months

from April to March of the previous year.]

(2) Demand notice for additional security deposit.-

(a) Based on the review as per sub-regulation (1), the demand for shortfall will be made by the licensee :

Provided that if the short fall is less than 10% of the existing security deposit, no demand shall be made by the licensee.

(b) Where the consumer is required to pay additional security deposit, the licensee shall issue, to the consumer, a 30 days' demand notice specifying the amount payable with supporting calculations.

(3) Surcharge for belated payment of additional security deposit.- (a) The consumer shall pay the additional security deposit within thirty days

from the date of service of the demand notice issued by the licensee. (b) If there is any delay in payment, the consumer shall pay simple interest at

12% per annum or at such rates as may be fixed by the Commission from time to time, without prejudice to the licensee’s right to disconnect supply of electricity, as per sub-regulation (4) of this regulation.

(4) Disconnection for non-payment of additional security deposit for the electricity supplied.- Where additional security deposit is demanded by the licensee in terms of this regulation, and the consumer does not make the payment, the supply to the consumer shall be liable for disconnection, without any further notice. 7. Interest on security deposit payable by the licensee.- (1) Subject to the provisions of sub-section (2) of section 47 of the Act, the licensee shall, with effect from the month succeeding the date on which the security amount is deposited, pay simple

5 Inserted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) (First Amendment)

Regulations, 2011 6 Existing sub-regulation substituted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit) (Second

Amendment) Regulations, 2015(w.e.f. 15.12.2015)


interest on security deposit of a the consumer at the 7[weighted average of actual Bank

Rate(s) for the previous year] as notified by the Reserve Bank of India or such higher rate

as may be fixed by the Commission from time to time and the amount of interest payable shall be rounded off to the nearest rupee. (2) Where either the security deposit is less than rupees 100 or a connection is disconnected within one year after giving the supply, no interest shall be payable thereon. (3) The interest accruing to the credit of the consumer shall be adjusted annually against the amounts outstanding from the consumer to the licensee as on 30th June of every financial year and the amounts becoming due from the consumer to the licensee immediately thereafter. (4) The licensee shall duly show the amounts becoming due to the consumer towards interest on the security deposit in the bills raised on the consumer and due after 30th June. (5) The distribution licensee shall maintain for accrual of interest on security deposit of the consumers a separate head of account. (6) The licensee shall pay penal interest on the interest payable at twice the rate specified under sub-regulation (1) for the delay in making the adjustments for interest on security deposit beyond a period of 30 days after the date as specified in sub-regulation (3). This penal interest shall not be a pass through to the consumers in the licensee’s Annual Revenue Requirement. 8. Refund of security deposit.- (1)Where an agreement for supply of electricity is terminated as per the terms and conditions of supply, the licensee shall be required to refund the security deposit if any, after making adjustments for the amounts outstanding from the consumer to the licensee, within one month of the effective date of termination of the agreement: Provided that if such refund is delayed beyond the period of one month as specified above, the licensee shall pay simple interest on such deposit @ 12 % per annum from the effective date of termination of the agreement without prejudice to other rights of and remedies available to the consumer. (2) Where contract demand/connected load is reduced by the consumer or the billing cycle is reduced, the licensee shall reduce the amount of security on pro-rata basis and refund excess amount, after making adjustments for the amounts outstanding from the consumer to the licensee, within one month of the effective date of reduction of contract demand/connected load; Provided that if such refund is delayed beyond the period of one month as specified above, the licensee shall pay simple interest on such deposit @ 12 % per annum from the effective date of reduction of contract demand/connected load, without prejudice to other rights of and remedies available to the consumer. Miscellaneous 9. Credit Rating,- 8[(1) Every year, the licensee shall, of its own, carryout the credit rating

of its existing consumers by applying uniform criteria, which shall be hosted on its website,

for such credit rating in respect of each category of consumers.]

(2) Every year the licensee shall publish the list of poorly rated consumers who are habitually defaulters for an amount exceeding rupees ten thousand in the newspapers and host the same on its website.

7 Existing words “Bank Rate(as on 1st April of every year)” is substituted by Himachal Pradesh Electricity

Regulatory Commission (Security Deposit) (Second Amendment) Regulations, 2015(w.e.f. 15.12.2015) 8 Existing sub-regulation substituted by Himachal Pradesh Electricity Regulatory Commission (Security Deposit)

(Second Amendment) Regulations, 2015(w.e.f. 15.12.2015)


10. Power to remove difficulties.- (1) In case of any difficulty in giving effect to any of the provisions of these regulations, the Commission may, either suo motu or on application made to it, do or undertake to do things, or by general or special order direct the licensee to take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or expedient for the purpose of removing the difficulty. 11. Issue of orders and practice directions.- Subject to the provisions of the Act, and these regulations, the Commission may, from time to time, issue orders and practice directions with regard to the implementation of these regulations and procedures to be followed for such implementation and matters incidental or ancillary thereto. 12. Interpretation - All issues arising in relation to interpretation of these regulations shall be determined by the Commission and the decision of the Commission on such issues shall be final.

By Order of the Commission Secretary


(Published in Rajpatra HP on 29.05.2009) HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION

NOTIFICATION

No. HPERC/390-09 Shimla – 2, 26th May, 2009

In exercise of powers conferred by Section 50 and clause (x) of sub-section (2) of Section 181of the Electricity Act 2003 (36 of 2003) and all other powers enabling it in this behalf, the Himachal Pradesh Electricity Regulatory Commission, after previous publication, hereby makes the following Himachal Pradesh Electricity Supply Code, 2009, namely:-

The Himachal Pradesh Electricity Supply Code, 2009

CHAPTER - 1 GENERAL

1.1 Short title, extent, application, interpretation and commencement.– 1.1.1 This Code shall be called the Himachal Pradesh Electricity Supply Code, 2009. 1.1.2 This Code shall extend to whole of the State of Himachal Pradesh. 1.1.3 This Code shall be applicable to –

(a) all the distribution and retail supply licensees including deemed licensees in their respective area of supply and all the consumers of electricity in the State of Himachal Pradesh;

(b) all other persons who are exempted under section 13 of the Act; and (c) incidents of unauthorized use and theft of electricity.

1.1.4 This Code will be read and construed in all respects as being subject to the

provisions of the Act, rules and regulations made thereunder and the provisions of any other law for the time being in force.

[1.1.4.1 Where any regulations, referred to in the Code, undergo any amendment, modification or reenactment, after commencement of the Code, the references in the Code to such regulations shall, unless a different intention appears, be construed as references to the provisions so amended, modified or re-enacted.]9

1.1.5 Nothing contained in this Code will abridge or prejudice the rights of the licensee

and the consumer under the Act or any Rules or Regulations made there under.

1.1.6 This Code shall come into force from the date of its publication in the Rajpatra, Himachal Pradesh.

1.2 Definitions .–

In this Code, unless it is repugnant to the context, - 1.2.1 “Act” means the Electricity Act 2003 (Central Act No. 36 of 2003);

1. 9 Ins by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f.

16.06.2014)


1.2.2 “agreement” with its grammatical variations and cognate expressions means a general agreement, executed between the licensee and the consumer, including any commercial arrangement for supply of electricity as also open access;

1.2.3 “apparatus” means equipment or appliance with electrical circuit(s) and includes electric meter and metering equipment, electric machine, electric fitting or accessory connected to or isolated from the electric system;

1.2.4 “applicant” means an owner or occupier of any land/premises, (including the authorised representative of such owner or occupier) who makes an application to a licensee for supply of electricity, increase or reduction in sanctioned load/contract demand, change in title, disconnection or restoration of supply, or termination of agreement, as the case may be, in accordance with the provisions of the Act and the Code, rules and regulations made thereunder or other services;

1.2.5 “average power factor” means the ratio of kWh (kilo Watt hour) to the kVAh (kilo

Volt Ampere hour) registered during a specific period;

1.2.6 “billing cycle” means the period for which the bill is raised;

1.2.7 “bulk supply consumer” means a consumer who avails electric supply for further distribution to various constituents with varied nature of loads within his premises;

1.2.8 “Code” means the Himachal Pradesh Electricity Supply Code, 2009; 1.2.9 “Commission” means the Himachal Pradesh Electricity Regulatory Commission;

1.2.10 “conductor” means any wire, cable, bar, tube, rail or plate used for conducting

electrical energy and so arranged as to be electrically connected to the system;

1.2.11 “connected load” expressed in kW, means aggregate of the manufacturer’s rated capacities of all energy consuming devices or apparatus connected with the distribution licensee’s service line, on the consumer’s premises, which can be simultaneously used;

1.2.12 “connection point” means a point at which the consumer’s/user’s plant and/or

apparatus are connected to distribution licensee’s distribution system;

1.2.13 “consumer” means any person who is supplied with electricity for his own use by a licensee or by the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes bulk supply consumer, any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be and shall also include-

(a) the consumer whose installation has been temporarily disconnected;

(b) prospective consumer i.e. any person who has applied for an electricity connection and whose supply has not commenced; and

(c) in case of death of a consumer, his legal heirs or representatives;


1.2.14 “consumer’s installation” means any composite electrical unit including electric wires, equipment or apparatus, whether portable or stationary, erected and wired by or on behalf of the consumer at the consumer’s premises beyond the point of commencement of supply;

1.2.15 “contract demand” expressed in kVA units means the maximum demand contracted by the consumer in the agreement with the licensee and in absence of such contract, the contract demand shall be determined in accordance with the Tariff Order;

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

1.2.17 “demand charges” for a billing period shall mean the amount chargeable based upon the recorded maximum demand in kVA or the contract demand; whichever is higher and shall be calculated as per the procedure laid down in the Tariff Order;

1.2.18 “electricity rules” means the Indian Electricity Rules, 1956 to the extent saved by the Act and the rules made under the Act thereafter;

1.2.19 “energy charge” expressed in Rs. Per kWh/kVAh for a billing period shall

mean the amount chargeable in rupees based on the quantity of electricity supplied in kWh/kVAh and as calculated as per the procedure prescribed in the Tariff Order. The demand/fixed charges, wherever applicable, shall be in addition to the energy charges;

1.2.20 “equipment” means electric line or apparatus or appliance comprising

electrical circuit(s) and includes electric meter and metering equipment, electric machine, electric fitting or accessory, connected to or isolated from the electric system;

1.2.21 “Extra High Voltage” (EHV) Consumer“ or “Extra High Tension Consumer

(EHT Consumer)” means a consumer who obtains supply from the licensee at Extra High Voltage /Tension;

1.2.22 “Extra High Voltage” (EHV) or “Extra High Tension” (EHT) means the

voltage, which exceeds 33,000 volts; under normal conditions subject, however, to the percentage variation allowed under electricity rules;

1.2.23 “Forum” means the Forum for Redressal of Consumer Grievances established under sub-section (5) of section 42 of the Act;

1.2.24 “harmonics” means a component of a periodic wave having a frequency that

is an integral multiple of fundamental power line frequency of 50 Hz causing distortion to pure sinusoidal wave form of voltage or current;

1.2.25 “High Voltage (HV)” or “High Tension (HT)” means the voltage higher than

400 volts but not exceeding 33,000 volts under normal conditions, subject, however, to the percentage variation allowed under the electricity rules;


1.2.26 “High Voltage (HV) Consumer” or “High Tension Consumer (HT Consumer)” means a consumer who obtains supply from the licensee at High Voltage/Tension;

1.2.27 “installation” means any composite electrical unit used for the purpose of

generating, transforming, transmitting, converting, distributing or utilizing electrical energy;

1.2.28 “interconnection” shall have the same meaning as connection point; 1.2.29 “installation contractor” means any person licensed under electricity rules for

undertaking electrical works at an appropriate voltage;

1.2.30 “licensed electrical contractor” means a contractor licensed under the electricity rules;

1.2.31 “licensee” means the distribution licensee authorized to operate and maintain

a distribution system for supplying electricity to consumers in its licensed area of supply;

1.2.32 “Load Factor” or “LF” is the ratio of the total number of units consumed

during a given period to the total number of units which would have been consumed had the connected load been maintained throughout the same period and shall usually be expressed as the following percentage:-

Load factor (%age) =

Actual Units consumed in a given period

X 100; Connected load in kW X No. of hours in the period

1.2.33 “Low Voltage or (LV)” or “Low Tension” (LT) means the voltage, not exceeding 230

volts between phase and neutral and 400 volts between phases under normal conditions, subject, however, to the percentage variation allowed under electricity rules;

1.2.34 “Low Voltage (LV) Consumer” or “Low Tension Consumer (LT Consumer)” means a

consumer who obtains supply from the licensee at Low Voltage / Tension;

1.2.35 “maximum demand” means the highest load measured in kVA or kW at the point of supply of a consumer during consecutive period of 30 minutes or as laid down by the Commission, during the month;

1.2.36 “meter” means and includes metering equipment or a set of integrated instruments used to measure/record singularly or combined electrical parameters including electrical energy and electrical power both in kWh/kVAh during a given period;

1.2.37 “metering equipment” means set of equipment such as ‘Current Transformer’,

‘Potential/Voltage Transformer’, necessary wiring and accessories etc. deployed in conjunction with the meter to measure/record the amount of electrical energy supplied.

Explanation.- It shall also include any seal or sealing arrangement and other measures provided by the licensee for sealing, reliability and for preventing theft/unauthorised use of electricity;


1.2.38 “occupier” means the person in occupation of the premises where electrical energy is used or is proposed to be used;

1.2.39 “point of commencement of supply” means the outgoing terminal of the meter in

case of LT consumers and incoming/outgoing terminal of the switchgear that may be installed by consumers, irrespective of the point of metering, in case of HT or EHT consumers, unless otherwise agreed to;

1.2.40 “power factor” means the ratio of the real power to the apparent power consumed during a month, the ratio being rounded off to two decimal figures;

1.2.41 “premises” means land, building or infrastructure or part or combination thereof in respect of which a separate meter or metering arrangements have been made by the licensee for supply of electricity;

1.2.42 “review panel” means the Electricity Supply Code Review Panel constituted by the Commission under this Code;

1.2.43 “rural area” means the area which is not covered by the urban area; 1.2.44 “sanctioned load” means the load expressed in kW/kVA of the consumer, which the

licensee has agreed to supply, from time to time, in the agreement; 1.2.45 “State” means the State of Himachal Pradesh; 1.2.46 “Tariff Order” means the order issued from time to time by the Commission on

annual aggregate revenue requirement and retail tariff for the licensee and consumers respectively;

1.2.47 “theft of electricity” shall mean theft of electricity as defined under section 135 of the Act;

1.2.48 “transmission system” means the system consisting of extra high voltage electric lines being operated at EHV (excluding generator interconnection facilities) owned and/or operated by the transmission licensee for the purposes of the transmission of electricity from one power station to a sub-station or to another power station or between sub-stations or to or from any external interconnection equipment up-to the interconnection with the distribution system and includes the plant and apparatus and meters owned or used by the transmission licensee in connection with the transmission of electricity, but shall not include any part of any licensee’s distribution system;

1.2.49 “urban area” means the areas which are declared as the larger urban areas, smaller urban areas or the transitional urban areas under the Act concerning the municipalities;

1.2.50 “user” means any person having electrical interface with, or using the distribution system of the distribution licensee to whom this Code is applicable. Any distribution licensee, transmission licensee and generating units connected to the distribution system and the person availing Open Access in transmission or distribution system are also included in this term.

1.2.51 Unless the context otherwise requires, words or expressions used and not defined in this Code, but specifically defined in the Act, shall have the meanings assigned to them in the Act. Other words or expressions used in this Code, but not specifically defined in this Code or the Act, shall have meanings as are generally understood in the electricity supply industry.

1.3 Mechanism for review of the Code .– 1.3.1 Review panel.-

A standing body Electricity Supply Code Review Panel shall be constituted by the Commission comprising of the representatives of the Commission, licensees


as well as the users of the distribution system in line with the provisions of this Code.

1.3.1.1 No change in this Code, however, small or big, shall be made without being deliberated upon and recommended to by the Supply Code Review Panel and thereafter approved by the Commission. The Review Panel shall submit its recommendations to the Commission within a period of 45 days from the date the case is referred for review. However, in an unusual situation where normal day-to-day operation is not possible without revision of some paras of the Code, a provisional revision may be implemented before the approval of the Commission is received, but only after discussion at a Special Review Panel meeting convened on an emergency basis. The Commission should promptly be intimated about the provisional revision. The Commission may issue directions required to revise the relevant provisions of the Code accordingly as may be provided in those directions and the distribution licensee shall promptly comply with such directions.

1.3.1.2 The Code Review Panel shall comprise of the following .– (a) one member who shall be a senior technical officer, not below the

rank of the Chief Engineer or its equivalent, from each of the distribution licensee in the State;

(b) one member who shall not be below the rank of the Chief Engineer or its equivalent, from the State Transmission Utility (STU);

(c) one member nominated by the Commission, who shall also be the Convener of the Review Panel;

(d) one member representing generators connected to the distribution system;

(e) one member representing open access consumers; (f) one member representing industrial consumers; (g) one member representing commercial consumers; (h) one member representing domestic consumers; (i) one member representing bulk consumers; (j) other members as the Commission may direct and find appropriate.

1.3.1.3 The Chairman of the Review Panel shall be from amongst the Technical Members/Directors of the distribution licensee and shall be nominated by the Commission for two years term on rotation basis.

1.3.1.4 Not less than 50 percent of the total members of the Review Panel shall form the quorum in its meeting.

1.3.2 Term of Office .– 1.3.2.1 The Review Panel shall be perpetual under this Code. All members of the

Review Panel shall hold office by virtue of positions held by them in their respective organisations until changed/replaced by the respective organization/consumer group.

1.3.3 Functions of the review panel .– The functions of the Review Panel shall be -

(a) maintenance of the Code and its working, under continuous scrutiny and review;

(b) consideration of all requests for review made by any user and publication of their recommendations for changes in the provisions of the Code together with reasons for such changes;

(c) rendering guidance on interpretation and implementation of the Code; (d) examination of the problems raised by any user as well as resolution of the

said problems; (e) to assess compliance by the licensee with conditions of supply etc. ;


(f) ensuring that the changes/modifications proposed in the Code are consistent and compatible with standard technical manual or guidelines, Codes, laws, Acts, rules and regulations in force at that point of time;

(g) holding of meetings as required but at least one meeting shall be held in every six months;

(h) constitution of a sub-committee for detailed study of various matters pertaining to the provisions in the Code and circulation of the findings and recommendations to the Review Panel Members and the entities concerned;

(i) making arrangements for deliberation of the issues (regarding sub-committee findings and recommendations) in the Review Panel meetings in the time frame, as provided by the sub-committee.

1.3.4 Review and revisions .– 1.3.4.1 The user(s) seeking any amendment to the provisions in this Code shall send

written request(s) to the Convener of the Review Panel, with a copy to the Commission. If the request is sent to the Commission directly, the same shall be forwarded to the Convener of the Review Panel who shall, forward/circulate the request requiring changes/modifications in the Code to all the Review Panel members for their written comments within a reasonable time frame or the Convener may call for the Review Panel meeting in consultation with the Chairperson. Based on interaction(s)/ discussion(s), the necessary amendment(s)/ revision(s) may be incorporated in the Code after the approval of the Commission and shall be published by the Secretary of the Commission.

1.3.4.2 Any change from the previous version shall be clearly marked in the margin. In addition, a revision sheet shall be placed at the front of the revised version, noting the number of every changed para(s)/sub-para(s), together with reasons for such change(s).

1.3.4.3 The Convener shall maintain copies of the Code incorporating the latest amendments and the same shall be made available on the web site of the Commission as well as that of the licensee. The licensee shall also make available the copies of the same at reasonable cost to any person requiring it.

1.3.4.4 The Commission, may, on the application of the licensee or otherwise, call the emergent meeting of the Review Panel as and when the situation so dictates and make such alterations and amendments in the Code as it thinks fit.

CHAPTER-II SYSTEM OF SUPPLY, CONDITIONS OF SUPPLY AND CLASSIFICATION OF

CONSUMERS 2.1 System of Supply .– 2.1.1 The nominal frequency of an alternating current (AC) shall be 50 Hz (cycles per

second). Except with the written consent of the consumer or with the previous sanction of the State Government, the licensee shall not permit the frequency of an alternating current to vary from the nominal frequency by more than 3 percent, however, the licensee shall, as far as possible, supply and maintain power supply in frequency band as stipulated in the Grid Code.

2.1.2 The nominal voltage of the AC supply is as follows:-

(a) Low Tension [LT] Single Phase: 230 volts between phases and neutral, Three Phase: 400 volts between phases,

(b) High Tension (HT)- Three Phase: 2.2 kV, 6.6 kV, 11 kV, 15 kV, 22 kV or 33 kV,


(c) Extra High Tension (EHT)-Three Phase: 66 kV, 132 kV or 220 kV

2.1.3 The licensee shall design, install, maintain and operate a distribution system in conjunction with the transmission system.

2.1.4 Except with the written consent of the consumer or with the previous sanction of

the State Government, the voltage at the point of supply shall remain within the limits prescribed in the electricity rules, which at present are as under: - (a) in the case of low tension, + 6%; (b) in the case of high tension, + 6% to – 9%; (c ) in the case of extra high tension, + 10% to – 12.5%

2.1.5 Point of Commencement of Supply.- Unless otherwise agreed to, the point of commencement of supply shall be,–

(a) in the case of LT consumers, at outgoing terminal of the meter and feeding the premises;

(b) in the case of HT or EHT consumers,- (i) at incoming terminal of the switchgear feeding the premises that may be

installed by the consumers, irrespective of point of metering; and (ii) at the outgoing terminal of the switchgear installed at the substation of

the licensee, feeding the dedicated line, irrespective of the point of metering.

2.1.6 Standard Supply Voltage[/Supply Voltage]10. - 11[2.1.6.1(A) The standard supply voltage shall mean the standard voltage at which

electricity shall be given to the consumer through a common or dedicated or

joint dedicated feeder without payment of any lower voltage supply

surcharge(LVSS). Depending upon the connected load(kW or MW), contract

demand (kVA or MVA), nature of load and existence of a voltage (volts/kV)

and phase in the relevant distribution system, the standard supply voltage for a

consumer shall be as provided in clauses (a) and (b) of this sub-para and sub-

para 2.1.6.1(C)-

(a) The maximum limits of connected load (kW or MW) and contract demand

(kVA or MVA) for the supply of power at a voltage, shall be as under-

Sr.

No.

Standard Supply Voltage

Maximum

Connected

Load

Maximum

Contract

Demand

1.

Single phase 230 volts or three phase

415 volts or 2.2 kV;


category loads)

50 kW 50 kVA

2. Three phase 11 kV or 22 kV;


category loads)

3 MW 2.2 MVA


10 Ins by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)

11 Existing sub-para 2.1.6.1 has been substituted with 2.1.6.1(A),2.1.6.1(B) & 2.1.6.1(C) by Himachal Pradesh Electricity

Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)



5. Three phase 132 kV or 220 kV No limits

Provided that where special category loads are involved, the

standard supply voltage shall be 11 kV or 22 kV, as may exist on the

relevant distribution system, if –

(i) the total connected load does not exceed 1 MW, irrespective of

special category loads; or

(ii) the total quantum of connected load in respect of special category

loads does not exceed 750 kW within the overall limit of total

connected load upto 3 MW and total contract demand upto 2.2

MVA:

Provided further that, if neither of the limits given in the first

proviso, in relation to supplies involving special category loads, are

adhered to, the standard supply voltage shall be 33 kV or the

appropriate higher voltage in accordance with the limits specified in

this clause:

Provided further that where a consumer having connected load

of not more than 50 kW is already getting supply at LT voltage

immediately before commencement of the Himachal Pradesh

Electricity Supply Code (First Amendment) Regulations, 2014, he

shall continue to be covered under a LT standard voltage (i.e. single

phase 230 volts or three phase 415 volts) irrespective of contract

demand already sanctioned in his favour, so long as he does not

further extend his connected load or contract demand beyond the

specified limits of 50 kW or 50 kVA respectively:

Provided further that where a consumer is getting supply at a

voltage higher than the standard supply voltage as per the said

specified limits, he shall continue to get supply at such higher voltage

without any rebate for higher voltage supply.

(b) Where the connected load or contract demand exceeds the

relevant ceiling limit specified in clause (a), the appropriate higher

voltage at which both such limits can be adhered to, shall be

considered as standard supply voltage and there shall be no minimum

limits for supply of power at a particular voltage.

2.1.6.1(B) Where the consumer seeks supply of power at a voltage lower than the

standard supply voltage as per sub-para 2.1.6.1(A), the licensee shall

supply power at such lower voltage subject to the maximum limits of

connected load and contract demand as specified in this sub-para;

payment of lower voltage supply surcharge (LVSS) by the consumer at

the rates given in the relevant tariff order applicable from time to time;

and other conditions, as may be relevant, specified in this sub-para or

in sub-para 2.1.6.1(C) or elsewhere in this Code :-

Sr.

No.

Supply

Voltage

Description Maximum

Connected

Load

Maximum

Contract

Demand


1. 11 kV (for

supplies not

involving

special

category

loads)

(a) If 22 kV or 33 kV voltage

level exists in the relevant

distribution system.

5 MW 4 MVA

(b) If 22 kV or 33 kV voltage

level does not exist in the

relevant distribution system.

6 MW 5 MVA

2. 22 kV (for

supplies not

involving

special

category

loads)

(a) If 33 kV voltage level

exists in the relevant


6 MW 5 MVA

(b) If 33 kV voltage level does

not exist in the relevant


7 MW 5.5 MVA

3. 33 kV (a) If 66 kV voltage level

exists in the relevant


15 MW 12 MVA

(b) If 66 kV voltage level does

not exist in the relevant


18 MW 14 MVA

4. 66 kV (a) Through a common or

dedicated or joint dedicated

feeder

18 MW 14 MVA

(b) Through a dedicated or

joint dedicated feeder

30 MW 24 MVA

Provided that all such supplies, excepting the same at Sr. No.4(a),

shall be given through dedicated or joint dedicated feeders only and that in

case of Sr. No. 4(a) the supply shall be given through a common or dedicated

or joint dedicated feeder:

Provided further that in case of supply involving special category

loads, the same shall be given at 11 kV or 22 kV subject to further conditions

that the total connected load in respect of the special category loads does not

exceed 1.5 MW within the total connected load upto 3 MW and contract

demand upto 2.2 MVA and that the supply is to be given through a dedicated

feeder or a joint dedicated feeder emanating from EHV sub-station:

Provided further that if the conditions given in second proviso, in

relation to the supplies involving special category loads, are not adhered to,

the supply shall be given at 33 kV or at appropriate higher voltage depending

on the total connected load and contract demand:

Provided further that the provisions of this sub-para, shall be further

subject to the following condition:-

(i). that the voltage regulation limits shall have to be adhered

to while deciding the supply arrangements;

(ii). that in case of special category loads and other such loads

which can cause disturbances in the power distribution

system, the consumer shall provide suitable protection

equipments as per the Central Electricity Authority

(Measures relating to Safety and Electric Supply)


Regulations, 2010 and other prudent practices to

adequately insulate the distribution system from the

disturbance caused by such loads;

(iii). that the consumer already getting supply at higher voltage

as compared to the standard supply voltage or the limits

given in this sub-para, shall not be entitled to any higher

voltage supply rebate; and

(iv). that in cases of joint dedicated feeder, the limits of

maximum connected load and maximum contract demand

as per this sub-para shall be applicable for the summation

of the connected loads and contract demands of both the

consumers.

Explanation.- For the purposes of this sub-para,-

(a) “dedicated feeder” means the electric supply line

emanating from the sub-station of the licensee through

which electricity is, or is intended to be, supplied to a

single consumer; and

(b) “joint dedicated feeder” means the electric supply line

emanating from the sub-station of the licensee through

which electricity is, or is intended to be, supplied to

two consumers.

2.1.6.1(C) (i) Where the contract demand has not been applied for or sanctioned, the limit

corresponding to 90% of the connected load (in kW) converted into kVA by

adopting power factor of 0.9 shall be deemed as the contract demand.

(ii) The supply shall be made at the minimum voltage level at which all the

relevant limits and conditions are adhered to. However, if the consumer opts

for supply of power at a voltage higher than the standard supply voltage, the

licensee shall allow the same excepting the cases in which there may be

some constraint.

(iii) Where the connected load or contract demand is to be enhanced, the

standard supply voltage under sub-para 2.1.6.1 (A) and the supply voltage

under sub-para 2.1.6.1 (B) shall be redetermined as per the provisions under

the said paras based on enhanced connected load and enhanced contract

demand.

Explanation.- For the purposes of sub-paras 2.1.6.1(A) and 2.1.6.1(B),

“special category loads” means furnace loads and mass induction heating

loads and shall also include any other load as the Commission may, after

taking into consideration electrical characteristics and its impact on the

distribution system, by order, declare it to be a special category load.” ]

2.1.6.2 In case, an existing consumer who is already availing on the date of the

commencement of this Code a supply voltage different from the standard supply voltages as mentioned in para 2.1.6.1, the consumer shall have the option to convert to the relevant standard supply voltage; provided the conversion is from a lower voltage to a higher one. Provided further that if


the consumer continues to avail supply at the existing lower voltages, he shall be and shall continue to be liable to pay lower voltage supply surcharge (LVSS) in accordance with the relevant Tariff Order.

2.1.6.3 In case, it is not possible for the licensee to provide the supply to an

existing consumer, as per option exercised by him under para 2.1.6.2, at the relevant specified standard voltage due to physical or practical constraints, the licensee shall, intimate to the consumer, in writing, about his inability to do so, mentioning the reasons in brief while giving the tentative date from which it shall be possible for the licensee to provide the same and during that period the consumer shall be and shall continue to be liable to pay LVSS charges as per the relevant Tariff Order.

2.1.7 Power Factor – In order to minimise the transmission and distribution losses in the electrical system, it shall be the obligation on the part of both the licensee and the consumer to maintain an average monthly power factor, as may be provided in the relevant Tariff Order.

2.1.8 Disturbing Loads – The officer of the licensee, as designated by the licensee, shall authorize the temporary or permanent use of the welding sets in its area of supply, provided that the consumer installs the appropriate capacitor or take such other steps as may be advised by the said officer and any contravention shall be dealt with in accordance with the provisions of the relevant Tariff Order. 2.1.9 Harmonics – (a) The users shall comply with the harmonics standards as specified by the

Authority and for voltage levels for which harmonics standards have not been specified by the Authority, the user shall comply with the standards specified in the relevant International Electrical and Electronic Engineers regulations.

(b) The licensee shall monitor the harmonic currents and voltages at EHT and HT sub-stations and also at the users premises which it considers prone to generation of harmonics. The licensee shall carry out the harmonic measurement atleast once in six months at EHT sub-stations or at the premises of EHT users and atleast once in twelve months at H.T.sub-stations or at the premises of H.T. user.

(c) The measurement of harmonics current and voltages generated by the user shall be done jointly by licensee and the concerned user.

(d) The licensee shall maintain the record of all the harmonic measurement and submit report to the Commission annually.

(e) Consequent to the measurement of harmonics, if it is found that the user is contributing harmonic in excess of the specified standards, a notice shall be served by the licensee to the user to rectify the violation within three months. In case of failure to comply with the harmonic standards within the notice period, the user shall be liable to pay such penalty as may be determined by the Commission. Even after imposition of penalty, if the user continues to default, then he shall be liable for disconnection of electricity supply.

2.2 Conditions of Supply .– 2.2.1 The existing terms and conditions of supply, whether contained in the

abridged conditions of supply and/or in any sales circular, orders notification or any other document or Application and Agreement form, or communication, relating to the supply of electricity to consumer, shall, in so


far as it is not inconsistent with the provisions of the Act and this Code, be deemed to be in force till the same are rescinded, amended or altered or the expiry of six months from the date of commencement of this Code, whichever is earlier.

2.2.2 Any terms and conditions of the distribution licensee, whether contained in the abridged conditions of supply and/or in any circular, order, notification or any other document, Application and Agreement form or communications, which are in-consistent with this Code shall be deemed to be invalid from the date on which this Code comes into force.

2.2.3 The distribution licensee shall, in accordance with procedure laid down in the Act, rules and regulations framed there-under within a period of six (6) months from the date of commencement of this Code, modify and update other terms and conditions of supply and all circulars, orders and any other document, Application and Agreement form or communication relating to the supply of electricity to consumers to make them consistent with the provisions of the Act, rules and regulations framed there-under and this Code:

Provided that the distribution licensee shall, at end of six months from the commencement of this Code, confirm such modification and updation to the Commission, alongwith a copy of the revised terms and conditions of the supply; circulars, orders, forms and documents relating to the supply of electricity to the consumers: Provided further that any existing circulars, orders and any other document, application and agreement form or communication relating to supply of electricity to consumers not modified or updated in accordance with this Code shall be deemed to be invalid at end of six months from the date of commencement of this Code. 2.2.4 The Commission may, upon a review of the terms and conditions of supply,

circulars, orders, forms and documents, submitted by the distribution licensee, direct the distribution licensee to amend or modify any para contained therein which is, in the opinion of the Commission, inconsistent with the provisions of the Act or this Code.

2.3 Classification of Consumer .–

The classification, tariff and other conditions of supply applicable to each consumer category shall be as fixed by the Commission from time to time in the Tariff Order.

CHAPTER III

MATTERS RELATED TO SUPPLY OF ELECTRICITY 3.1 Duty of licensee to supply electricity on request and procedure thereof .– 3.1.1 The officer, designated by the licensee, shall, on receipt of an Application and

Agreement form from the applicant, give supply of electricity to the premises in accordance with and within the time specified in the Himachal Pradesh Electricity Regulatory Commission (Licensees Duty for Supply of Electricity on Request) Regulations,2004. [The Application and Agreement Form will be available free of cost at

the designated offices of the licensee and on its website]12.

12Substituted by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)


3.1.2 The licensee will also specify and standardize other supporting documents (including special agreement for street lighting and like purposes) and their format(s), to be submitted by the applicant. Details of these documents will also be available in the designated offices of the licensee as well as on its website. The Application and Agreement form along with the enlisted documents will be submitted in the designated office of the licensee.

13[The consumer may, if he considers it expedient to do so, make online application to the

licensee and deliver by post or by hand delivery the hard copy of the original Application

and Agreement Form, alongwith the enlisted documents, to the licensee at its designated

office.]

3.1.3 Where an application for supply of electricity pertains to a village, hamlet or area that has not been electrified, supply of electricity in such case(s) will be made only after electrification of that village, hamlet or area as per the investment plan of the licensee, as approved by the Commission.

3.1.4 The licensee shall, after receipt and scrutiny of the Application and Agreement form, inform the applicant through a Demand Notice issued under the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations,2004, the initial security payable under the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations,2005 and amount of the charges required to be deposited by the applicant as per Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2005; requirement of other supporting documents as per para 3.1.2 and/or discrepancies observed, if any, and acceptance, in writing, of the additional terms as per para 3.7 of this Code. 14[3.1.4.1 Where an Application and Agreement Form is submitted online under para

3.1.2, the demand notice, mentioned in para 3.1.4, shall be served

electronically i.e. through e-mail/SMS and its hard copy shall also be sent to

the applicant/consumer by post or by hand delivery.]

3.1.5 The terms and conditions specified in the Demand Notice once issued will not be

altered except when necessitated by the change(s) in the applicable laws. 3.1.6 Upon making good the deficiencies and the completion of the codal formalities as

indicated in the demand notice by the consumer, the licensee shall release the new electricity connection/additional load to the premises of the applicant as per the procedure laid down in the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity) Regulations, 2004, within the period specified therein.

15[3.2 Power Availability Certificate.-

3.2.1 Where the contract demand for a new or additional load exceeds 100 kVA,

the applicant will submit the feasibility clearance i.e. Power Availability

Certificate (PAC) along with the Application and Agreement Form which

will be available free of cost at the designated offices of the licensee and on

its website.

13 Inserted by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014) 14 Inserted by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)

15 Existing para 3.2 substituted by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations,

2014(w.e.f. 16.06.2014)


3.2.2 The consumer shall apply for the grant of Power Availability Certificate, on

payment of advance cost share towards infrastructural developmental

charges, calculated @ Rs.1000 per kVA of the contract demand applied for.

3.2.3 Where the consumer submits online application, and makes online payment

of advance cost share, for grant of Power Availability Certificate under para

3.2.2, he shall also submit hard copy of the application and proof of the

payment made, to the licensee at its designated office, either by post or by

hand delivery.

3.2.4 The licensee shall grant the Power Availability Certificate within thirty days

of the receipt of application, or within such period as may be extended, with

the approval of the Commission, and the licensee shall also convey such

approval to the online consumer/applicant electronically i.e. through e-

mail/SMS apart from sending him the hard copy of the said approval by post

or by hand delivery.

3.2.5 The Power Availability Certificate mentioned in para 3.2.3 shall be valid for a

period of three years or for such shorter period as may be mutually agreed

upon by the licensee and the applicant:

Provided that the validity period may be extended, from time to time,

as may be mutually agreed upon by the applicant and the licensee.

3.2.6 The applicant may, after grant of Power Availability Certificate mentioned in

para 3.2.4, submit the application for supply of electricity to the premises and

the licensee shall adjust the amount received as the advance cost share

towards the amount recoverable under the Himachal Pradesh Electricity

Regulatory Commission (Recovery of Expenditure for Supply of Electricity)

Regulations, 2012:

Provided that if the applicant submits application for a contract

demand lesser than the contract demand for which Power Availability

Certificate has been issued, the amount of advance cost share shall be

adjusted as under-

(a) if the applicant intends to

avail the balance contract

demand at a subsequent

stage during the validity

period of the Power

Availability Certificate.

On pro-rata basis.

(b) if the applicant expresses

his intention not to take

supply for the balance

contract demand for which

Power Availability

Certificate was issued.

Full amount of the advance

cost share deposited by the

applicant shall be adjusted

after deducting therefrom

20% of the proportionate

amount deposited as advance

cost share in respect of such

contract demand as is not to

be availed.

3.2.7 Where the applicant who has been granted the Power Availability

Certificate (PAC) fails to submit the application(s) or declines to take

supply for the full contract demand for which Power Availability Certificate

was granted, within the validity period, the advance cost share, not adjusted

as per para 3.2.6, shall be refunded after deducting therefrom 20% of the


proportionate amount of the advance cost share deposited in respect of the

contract demand which is not to be availed.

Illustration.- If the Power Availability Certificate is issued for 3000

kVA contract demand, but application is submitted or supply is taken only

for 2000 kVA contract demand, 20% of the advance cost share pertaining to

1000 kVA contract demand shall be deducted.

3.2.8 The refund of the refundable amount of advance cost share as per

para 3.2.7 shall be made within 30 days from the expiry of validity period or

from an earlier date on which such applicant expresses his intention not to

take supply for full or part of the contract demand for which the Power

Availability Certificate was issued and requests for refund of such amount.”]

3.3 Temporary Supply .– 3.3.1 The applicant requiring supply of electricity from a licensee on a temporary basis will

be provided such supply on receipt of the Application and Agreement form complete in all respect as mentioned in para 3.1, subject to payment of initial security as per Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations,2005 and the amount payable by the applicant under Regulation 11 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure), Regulations 2005,–

(i) where no extension of distribution mains or commissioning of a new sub-station is involved, within seven days from the receipt of application;

(ii) where extension of the distribution mains or the commissioning of the new sub-station is involved, within the time lines as specified in the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations, 2004.

3.4 Exceptions from duty to supply .– 3.4.1 The period for providing supply specified in the Himachal Pradesh Regulatory

Commission (Licensee’s Duty for Supply of Electricity on Request) Regulations,2004 will not be operative where the Commission is satisfied that -

(i) the licensee is prevented from providing supply of electricity on account of cyclones, floods, storms, strike, war and other occurrences beyond his control;

(ii) delay in providing supply of electricity is on account of time taken for statutory clearances, acquisition of land, or in obtaining right of way or approval of the Chief Electrical Inspector for installations at the applicant’s or licensee’s end or for any other reason beyond the reasonable control of the licensee.

3.5 Transfer of title and provision of other service(s) .– 3.5.1 The applicants seeking, transfer of title, termination of agreement, change of

category, conversion between various voltage classes and other services, will submit their applications alongwith the supporting documents to the designated office of the licensee. The licensee(s) will standardize the application form(s) for transfer of title, change of category, conversion between various voltage classes and the standardized list of supporting documents to be submitted by the applicants for different services. Details of these documents will also be made available in the designated offices of the licensee as well as on its website.

3.5.2 The applicant seeking services under para 3.5.1 shall pay charges as indicated in the Schedule of General Charges as contained in the Tariff Order.

3.5.3 The licensee shall give effect to the transfer of title, change of category and conversion between various voltage classes as stipulated in Regulation 3 of the


Himachal Pradesh Regulatory Commission (Licensee’s Duty for Supply of Electricity) Regulations, 2004.

3.5.4 Request made by the applicant for shifting of a meter and/or service connection for feeding the same premises or for diversion of existing lines shall be entertained by the licensee and reason(s) for the denial to service the request shall be conveyed in writing to the consumer(s).

3.5.5 In case the service of the request is not denied under para 3.5.4, the licensee shall examine whether the meter/service for feeding the premises or lines under reference were lawfully laid and whether the applicant was liable to pay the cost of shifting of the meter / service for feeding the premises or lines. Where such lines are lawfully laid down and the applicant is liable to pay the cost, the licensee shall estimate the cost and process the same in the manner prescribed in rule 82 of the Electricity Rules,1956:

Provided that where the service/lines have not been laid lawfully or have been laid without the consent of the owner and no compensation has been paid to the owner at the time of the execution of the service/lines, the licensee shall remove/shift such service/lines at its own cost.

3.5.6 Where the applicant requests for shifting of a meter and/or service connection for feeding the same premises or for diversion of existing lines and if required under para 3.5.5, has deposited cost thereof, the following time schedule will be observed for completing the works :-

(i) shifting of meter/service connection 7 days (ii) shifting of LT/HT lines 20 days (iii)shifting of transformer 30 days

3.6 Adjustment / settlement of deposits .– 3.6.1 The licensee shall, after release of new connection, additional load, temporary

connection, transfer of title and other service(s) etc., finally settle the accounts in the manner laid down under regulation 6 of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2005.

3.6.2 Any consumer aggrieved by the charges/expenditure payable and/or delay / denial in providing service, may seek redressal in accordance with regulation 7 of the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensees' Standards of Performance) Regulations, 2005.

3.7 Additional terms of supply .–

3.7.1 The licensee may require any person, who has applied for supply of electricity, to accept –

(a) any restrictions imposed by the licensee in order to comply with the regulations made by the Authority under Section 53 of the Act ;

(b) any terms restricting the liability of the licensee for economic loss resulting from negligence of the consumer .

16[ 3.8 Refund of initial security and charges.-

3.8.1 On withdrawal of application for new connection/additional

load, whether permanent or temporary, the amount received from the

applicant on account of the initial security deposit under the Himachal

Pradesh Electricity Regulatory Commission (Security Deposit)

Regulations, 2005 and on account of the charges/costs under the


2014(w.e.f. 16.06.2014)


Himachal Pradesh Electricity Regulatory Commission (Recovery of

Expenditure) Regulations, 2012 shall be refunded to the applicant

after deducting therefrom:-

(i) 10% of the initial security amount deposited by the applicant; and

(ii) the actual expenditure computed as per regulation 9 of the

Himachal Pradesh Electricity Regulatory Commission (Recovery

of Expenditure) Regulations, 2012, by duly taking into account

the deductions to be made out of all the relevant components such

as infrastructure development charges, cost of service line and

other exclusive works, as detailed in the said regulations:

Provided that in case of withdrawal of application for temporary

connection, no deduction shall be made on account of clause (i) if

no extension of distribution mains or commissioning of a new

sub-station is involved.

3.8.2 Where an agreement for supply of electricity is terminated as per the

Conditions of Supply or provisions of this Code, the licensee will

refund the initial/additional security, after making adjustments for the

amounts outstanding against the consumer, within one month of the

date of termination of the agreement as per the Himachal Pradesh

Electricity Regulatory Commission (Security Deposit) Regulations,

2005.]

17[3.9 Delay to take supply or avail contract demand. –

In case of supplies involving two part tariff, where the licensee has

completed the work required for supply of electricity to an applicant, but the

applicant is not ready or delays to receive supply of electricity or does not

avail the full contract demand, the licensee shall, after a notice of sixty days,

charge the demand charges on the sanctioned contract demand at the rates

given in the relevant tariff order subject to following limits -

S.

No.

Description Minimum limit

(i) For initial six months from the

expiry of notice period or date of

release of connection, whichever

is earlier;

Maximum demand actually

availed, if any.

(ii) For next six months; Maximum demand actually

availed, if any, or 30% of

the total sanctioned

contract demand,

whichever is higher.

(iii)

After expiry of the period

provided in item (ii) above;

Maximum demand actually

availed, if any, or 50% of

the total sanctioned

contract demand,

whichever is higher.


2014(w.e.f. 16.06.2014)


Provided that the minimum limits, as given in items (ii) and (iii),

shall not be further decreased on the account of tariff provisions

relating to charging of demand charges for lesser quantum of demand

due to non utilization or temporary reduction of contract demand.]

18[3.10 Temporary revision of contract demand.–

The consumers to whom two part tariff is applicable shall be entitled to

revise their contract demand within the total sanctioned contract demand

without surrendering their lien of the total sanctioned contract demand,

subject to the following condition-

(a) that the consumer shall not reduce the contract demand to lesser

than 50% of the total sanctioned contract demand subject to a

further condition that the contract demand shall not be reduced

below the lowest limit of contract demand as per the tariff

category (or any sub-category thereof) applicable to him;

(b) that the consumer shall not be entitled to revise the contract

demand more than twice a year subject to the condition that the

time gap between two successive revisions shall not be less than

3 months;

(c) that the consumer shall give a notice of at least one month to the

licensee before revising the contract demand under this

mechanism. Even though the consumer shall not be required to

obtain any sanction from the licensee for change in contract

demand under this mechanism, he, so as to avoid the disputes,

shall ensure that the notice(s) for such revision are duly served by

him upon the licensee through registered post or through courier

service or is delivered by hand against signed receipt therefor;

(d) that in cases where the contract demand is reduced under this

mechanism, such reduced contract demand shall be applicable for

billing purposes; and

(e) that in cases where the consumer gets his contract demand

reduced permanently, the limit under clause (a) shall be

considered with respect to such reduced contract demand, but

such reduction shall not be considered to have been made under

this mechanism and the time gap of 3 months as per clause (b)

shall be reckoned from the date from which the demand was last

revised under this mechanism.

Illustration.- If a consumer who is having sanctioned

contract demand of 10 MVA temporarily revises the contract

demand to 6 MVA w.e.f. 01.08.2014 under this mechanism

but gets his sanctioned contract demand permanently reduced

to 8 MVA w.e.f. 01.09.2014, he shall have to pay charges

based on 6 MVA contract demand till 31.10.2014 (i.e. till the

expiry of 3 months period from the date at which the contract

demand was last revised i.e. from 01.08.2014). However, if

18 Added by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)


the contract demand is to be reduced permanently to lesser

than 6 MVA (say 4 MVA as on 01.09.2014), the demand

charges would have been based on a contract demand of 4

MVA during the period upto 31.10.2014.]

CHAPTER-IV

METER & METERING EQUIPMENT 4.1 Requirement of Meters .– 4.1.1 The licensee will not supply electricity to any person, except through installation

of a correct meter in accordance with the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006 made under Section 55 of the Act.

4.2 Supply and installation of meters .– 4.2.1 The licensee will supply the meter and/or metering equipment to the applicant at

the time of release of a new connection or at any other time as required by the consumer who will pay the monthly rental for such equipment at rates approved by the Commission and specified in the Schedule of General Service Charges of the relevant Tariff Order. The consumer may, if he so elects, obtain his own meter and / or metering equipment of the make(s) and specifications, as per the Central Electricity Authority (Installation and Operation of Meters) Regulations,2006 and the same, after getting duly tested and sealed at the licensee’s laboratory, be installed by the licensee. In such a case the licensee will not charge any monthly rental for the meter/metering equipment and it shall, after it is permanently removed from the licensee’s system, be treated as the consumer’s asset.

4.2.2 Meters will be installed at the consumer’s premises according to mutual convenience of the licensee and the consumer. The consumer will be responsible for the protection of the meter from theft or damage and he shall promptly inform the licensee about any fault, accident or defect whatsoever, noticed by him:

Provided that if the supply to an HT/ EHT Consumer is given from a dedicated feeder for his exclusive use, the meter and metering equipment may be installed at the licensee’s sub-station.

4.2.3 The licensee may require a meter to be installed outside the premises of a consumer and in such an event, the entire cost of installing the meter outside the premises and providing a display unit within the premises will be borne by the licensee. However, the cost of display unit will be treated as part of the meter cost while determining meter rentals. In a case where the meter/metering equipment is installed by the licensee outside the premises of a consumer, the meter shall be protected by an appropriate enclosure for protection of at least IP class 55 and the consumer will not be responsible for the protection of the meter from theft or damage.

4.2.4 In the case of multi story buildings/apartments, meter/metering equipment may be installed near the entrance of the building or at any other mutually agreed convenient common space, provided that the cost of installation from the premises of a consumer to the common space is borne by the owner or an association/society of occupants/ owners. In such a case, the owner or association/society would also be required to ensure protection of the meter/metering equipment from theft or damage.


4.2.5 Wherever new meter/metering equipment is installed, the meter will be sealed by the licensee in the presence of the consumer, as provided in the regulations framed by the Authority. The licensee will cast no liability on the consumer in case of delay in affixing of the seals. Only the licensee will remove the seals of the meter, as and when required and no consumer will tamper with, break or remove the seal(s) under any circumstances.

4.3 Testing of Meters .– 4.3.1 It will be the responsibility of the licensee to satisfy itself regarding the accuracy

of a meter before it is installed at the consumer premises. 4.3.2 The licensee shall maintain such number of accredited testing laboratories as per

the standards prescribed by the National Accreditation Board for Testing and Calibration Laboratories (NABL) as the Commission may require and all such laboratories will at least be equipped with testing equipment as provided in the regulations framed by the Authority under Section 55 of the Act.

4.3.3 After testing in the laboratory, the body of the meter will be duly sealed by an officer(s) authorized by the licensee.

4.3.4 The licensee may also conduct periodical inspection/testing of the meters installed at the consumer’s premises as per Central Electricity Authority (Installation and Operation of Meters) Regulations , 2006 made under Section 55 of the Act.

4.3.5 The Commission may also require the licensee to undertake third party testing of meters/metering equipment installed at the consumers’ premises.

4.4 Defective Meters .– 4.4.1 The licensee will check and have the right to test any meter and metering

equipment installed at a consumer’s premises if there is a reasonable doubt about its accuracy and the consumer will provide the licensee all necessary assistance in conducting the test. The consumer will have the right to be present during such testing.

4.4.2 (a) A consumer may request the licensee to test the meter/metering equipment installed in his premises, if he doubts its accuracy. The licensee will undertake such site testing within seven days on payment of fee as specified in the Schedule of General Charges approved by the Commission.

(b) If, after testing, the meter is found to be defective then the fee deposited in accordance with sub-para (a) will be refunded by adjustment in the electricity bills for the immediately succeeding months. In case, the meter is found to be correct then the licensee will not refund such fee.

4.4.3 In case a consumer is not satisfied with the site testing of the meter installed in his premises or the meter cannot be tested by the licensee at site then the meter will be removed and packed for testing in the laboratory of the licensee and another duly tested meter will be installed at the premises of such a consumer. In the event the licensee or the consumer apprehends tampering of meter and/or its seals then the licensee and the consumer will jointly seal the packing containing the meter. The seals will be broken and testing undertaken in the laboratory of the licensee in the presence of the consumer, if he so desires.

4.4.4 In case of testing of a meter, removed from the consumer premises for the purpose of testing in the licensee’s laboratory, the consumer would be informed of the date of testing at least seven days in advance. The signature of the consumer, or his authorized representative, if present, would be obtained on the Test Result Sheet and a copy thereof shall be supplied to the consumer.

4.4.5 (a) Subject to the provisions in sub para (b), in case a meter installed at a consumer’s premises gets burnt/ broken/ defective or stops functioning, a


new tested meter will be installed within the time lines specified in the schedule to the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensees' Standard of Performance) Regulations, 2005. If the meter gets burnt, broken or damaged due to reasons attributable to the consumer, the licensee will debit the cost of the meter (if provided by the licensee) to the consumer who will also be informed about his liability to bear the cost.

(b) in case of failure of supply due to the burnt, broken, damaged or defective meter, the licensee shall endeavour to restore the supply on the same day by way of installation of new tested meter.

4.4.6 In case where a meter installed at a consumer’s premises is reported to have been stolen and the FIR to this effect has been lodged by the consumer, supply of electricity will be immediately restored by the licensee at consumer’s request by installing another tested meter and the cost of the meter shall be recovered from the consumer through electricity bills for the immediate succeeding months.

4.4.7 In respect of the consumer owned defective/burnt/broken meter, the replacement shall be made by way of a licensee owned meter till such time the consumer provides a new meter duly tested as per para 4.3 and the same is installed as per provisions of this Code.

4.4.8 Overhauling of consumer accounts - (i) If a meter on testing is found to be beyond the limits of accuracy as specified

in the regulations framed by the Authority under Section 55 of the Act, the electricity charges for all categories of consumers will be computed in accordance with the said test results for a period of six months immediately preceding - (a) the date of test in case the meter has been tested at site to the

satisfaction of the consumer ; or (b) the date the defective meter is removed for testing in the laboratory of

the licensee where such testing is undertaken at the instance of the licensee ; or

(c) the date of receipt of request from the consumer for testing a meter in the laboratory of the licensee.

Any evidence provided by the consumer about conditions of working and/or occupancy of the concerned premises during the said period(s) which might have a bearing on computation of electricity consumption will, however, be taken into consideration by the licensee.

(ii) The accounts of a consumer will be overhauled for the period a burnt/defective meter remained at site, on the basis of energy consumption of the corresponding period of the previous year after calibrating for the changes in load, if any. In case the average consumption for the corresponding period of the previous year is not available then the consumer will be tentatively billed for the consumption to be assessed in the manner indicated in para 4 of Annexure-A and subsequently adjusted on the basis of actual consumption in the corresponding period of the succeeding year.

(iii) If a consumer is liable to pay an additional amount or is entitled for a refund in consequence of an overhaul of his account in accordance with sub- paras 4.4.8 (i) and (ii), the licensee will effect recovery or adjust the excess amount in the electricity bills of the immediately succeeding months.


CHAPTER V BILLING

5. 1 Recovery of electricity charges from consumers .– 5.1.1 The licensee will recover from a consumer-

(a) any charges due to him in respect of the supply of electricity or for the provision of electric line or electrical plant, as per the provisions of the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations,2005;

(b) all such charges for electricity/electrical equipment supplied as per the tariff determined or charges approved by the Commission in accordance with the provisions of the Act and the regulations framed thereunder;

(c) any additional charges leviable relating to the supply of electricity as per conditions of supply in force and the amount which becomes due under Himachal Pradesh Electricity Regulatory Commission(Security Deposit) Regulations,2005.

5.1.2 Consumers will also be liable to pay the amounts chargeable by way of taxes, duties, octroi, cess and the like as may be levied by the State Government or any other competent authority.

5.2 Electricity bills .– 5.2.1 The licensee shall issue bills to the consumers for the electricity supplied or

for services rendered for every billing cycle and all the consumers will effect payments to the licensee within the time specified in para 5.3 at the designated offices of the licensee or any other place designated by the licensee for the purpose. Explanation.- For the purpose of this sub-para the expression “billing cycle” shall be the persiod as specified in regulation 5 of the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations ,2005. 19[5.2.1.1 Monthly billing cycle shall be applicable in urban areas including

industrial areas, District headquarters, Municipal Corporation area,

Municipal Council areas, Nagar Panchayat areas, Special Area

Development Authority areas, and for the other areas, except for

tribal and difficult areas as notified by Government of Himachal

Pradesh under the policy for transfer of employees, the billing

cycle shall be bi-monthly. In case of the tribal and difficult areas

the billing cycle shall be bi-monthly, except for the winter months

for which the billing cycle shall not be of more than 4 months.

5.2.1.2 Where billing cycle is of more than one month, the consumer shall

have option to pay, monthly or periodic charges, on average or

estimated consumption charges basis or any other basis without

waiting for bills to be issued. Such amount will be treated as

advance and adjusted in the regular bills to be issued subsequently.]

5.2.2 When supply of electricity to a new consumer is commenced in the middle of a billing cycle, the fixed charges, minimum charges and/or any other similar charges will be levied pro-rata for the number of days for which supply is given during the billing cycle.

5.2.3 The consumers will pay on a pro-rata basis in case any tariff/other charges are made applicable in the middle of a billing cycle.



5.2.4 In the event of supply of electricity to any category of consumers being fully or partially subsidized by the State Government, the State Government in the manner specified by the Commission will effect payment of electricity subsidy charges for such consumers to the licensee.

5.2.5 (a) A consumer bill will disclose the periodicity of billing, date when the meter was read, the date of issue of bill, the due date for payment and the additional amount payable in case payment is delayed. The bill will also include other particulars as detailed in Annexure- B.

(b) The bill for arrears, in case of underassessment or the charges levied as a result of checking etc., will be initially tendered separately, indicating in bill the nature, period of arrears, the number and amount of installments allowed and the arrear will not be clubbed with the current electricity bill. Subsequently the amount of said arrear bill shall be reflected in the next billing cycle till not paid. For purpose(s) of action(s) of licensee on non-payment of billed amount, the arrear amount shall be accounted as per of final bill due of any billing cycle.

20[However in case any amount of the bill is disputed by the consumer, such

disputed amount as well as the late payment surcharge thereon shall also be

reflected, and continue to be reflected, separately in the ledgers, till such time

such amount remains unpaid/unsettled, so that total updated quantum of such

disputed amount is readily available. Such details shall be made available to

the consumer on request.]

5.2.6 The meter of a consumer will be read on the specified days in a billing month/period and such days will be publicised in advance. However, where meter is installed outside the consumer’s premises and a display unit installed inside the premises, the readings of the consumer meter and not the display unit will be taken into account for billing purposes.

5.2.7 A meter reading card will be provided by the licensee to each consumer which will be readily available at the premises where a meter is installed and the meter reader will, except in case of remote reading, enter the meter reading and the date thereof in the said meter reading card. Any officer/ functionary authorized by a licensee who cross-checks meter readings or replaces a meter and/or its seals will also record the changes in the reading, meter and/or its seals, as the case may be, in the meter reading card.

5.2.8 The bill will be delivered to the consumer immediately in case of spot billing and in other cases within a period not exceeding twenty-one days from the date of meter reading.

5.2.9 The electricity and/or arrear bills (hereinafter referred as bills unless otherwise specifically stated) will be sent to the consumers, other than the HT/EHT category, either by post or by hand delivery and in case of HT/EHT consumers, either under certificate of posting or by hand delivery. The fact of dispatch of bills to consumers of a particular area will be displayed on the notice board at the designated office of the licensee. The loss of the bill in transit if sent by post will not be the responsibility of the licensee. In case of hand delivery, record of delivery of the bill will be maintained at the designated office of the licensee.



21[However, the licensee shall, for delivery/intimation of bills adopt fastest,

cost effective, reliable and assured mode such as electronic mode like e-mail

and SMS]

5.2.10 The licensee’s designated offices will maintain facilities to provide duplicate bills, at charges as fixed by the Commission from time to time in the Tariff Order, immediately on request from a consumer. Non-receipt of the bill, however, will not entitle a consumer to delay payment beyond the due date.

5.2.11 The licensee will issue the first bill for a new connection, released during a billing cycle, before the end of the next billing cycle. In case a consumer does not receive the first bill by the end of the next billing cycle, he will inform the officer/functionary in-charge of designated office of the licensee who will arrange for issue of the bill within ten days.

5.2.12 It will be the responsibility of the owner of a premises to get a special reading done by the licensee at the time of change of occupancy or on the premises falling vacant. The owner or occupier may request the licensee in writing for a special reading at least 15 days in advance of such a change. The licensee will arrange a special reading and deliver the final bill, including all arrears till the date of billing, within 7 days of the meter reading. The final bill will also include payment for the period between the date of special reading and the proposed vacation of the premises on a pro-rata basis on consumption pattern of the current billing cycle.

5.2.13 If a consumer vacates any premises to which electricity has been supplied by a licensee without paying all charges due from him in respect of such supply, or for the provision of an electricity meter, electric line or electrical plant, the licensee may refuse to give him supply at any other premises until he pays the amount due. It shall be obligatory on the part of each licensee to publish the identity of such defaulting consumers for information of other licensees. The licensee will not be entitled to require payments of such amount from the next occupier of the premises.

5.2.14 Once the final bill is raised, the licensee will not have the right to recover any other charge(s), other than those in the final bill for any period prior to the date of such bill except amount due on account of under billing or fraud, or unauthorized use of electricity by the consumer which could not be detected at the time of the special reading.

5.3 Payment of bills .– 5.3.1 22[The consumer shall be liable to pay electricity charges for the month on the first

day after the consumption period]. Payment of the bills by different categories of

consumers will be effected within a period of - (i) ten days from the date of delivery of the bills in the case of the Large

Supply, Medium Supply and Small Industrial Consumers; and (ii) fifteen days from date of delivery of the bills in case of all other categories

of consumers. 5.3.2 The payment of the bills will be effected at the designated local collection centres of

the licensee or through any other facilities as provided by it, on any working day during hours allocated for the purpose.

5.3.3 If the due date indicated in the bill for payment is Sunday or a public holiday as declared by the State Government or if the licensee’s office is closed for any other reason, the next working day will be treated as the due date.

21 Added by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014) 22 Added by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)


5.3.4 The consumer will at the time of payment present the bill delivered to him or a duplicate bill without which payment may not be accepted.

5.3.5 The licensee shall ensure adequate publicity of the addresses/locations and working hours of the collection centres including those of the banks where consumers can make payments. The bills shall be paid by the consumer in cash, by local cheque, banker’s cheque, demand draft, bank transfer, e-banking, credit/debit card where feasible or in such other manner, as the licensee may notify:

Provided that the licensee may not accept cash payment, if the total amount payable exceeds five thousand rupees.

5.3.6 The licensee or his authorized collection agency will issue a receipt to the consumer for payment of the bills. A bank certificate indicating transfer of money to the licensee’s account will be sufficient proof of payment in case of all transactions other than cash.

5.3.7 In case the cheque tendered by a consumer is not honoured by the bank, action may be initiated by the licensee treating it as a case of non-payment without prejudice to other rights of the licensee as per other laws in force. The licensee may not accept further payment through cheques from such a consumer for a period of one year from the billing month for which the cheque tendered by the consumer was not honoured and the consumer may be required to pay the bill in cash or by demand draft only.

23[5.3.8 The part payment of the bill shall, with the prior approval of the licensee, be

accepted subject to-

(i) the compliance of the terms and conditions, if any, subject to which the

acceptance of the part payment is permitted;

(ii) the late payment surcharge shall be payable on the outstanding amount of the bill;

and

(iii) such payment shall be deemed to be without prejudice to the licensee’s right to

disconnect the supply to the consumer for non-payment, unless the licensee

specifically undertakes not to initiate any action to disconnect the supply for non-

payment of such outstanding amount for certain period.]

5.4 Advance payment of electricity bills .– The consumer may effect advance payment of future bills, in the format prescribed by the licensee and that will be adjusted in the bills of the succeeding months. The licensee will, however, continue to issue bills that would indicate the amount adjusted and the balance amount of advance payment.

5.5 Additional charges for delayed payment of electricity bills .– (a) In case a consumer does not pay the bill by the due date, late payment

surcharge shall be payable as per the Tariff Order. (b) The unpaid amount of the bills will be treated as part of next bill and

shown as arrears in a separate Column of the bill as per Sl. No. 11 of Annexure- B.

5.6 Adjustment of amounts in case of under payment of bills .– 5.6.1 In case of under payment of a bill by a consumer, the amount paid

will be adjusted as per priority stated hereunder : - (a) arrears as on thirty first of March of the previous financial year,



(b) arrears accrued from first of April of the current financial year till the date of bill,

(c) electricity charges for the current billing cycle, and (d) any other charges or levies:

Provided that such cases of under payment are duly approved for such adjustments by an officer, authorized for the purpose by the licensee.

5.6.2 Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this Code 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.

5.7 Disputed electricity bills .– 5.7.1 A consumer will effect full payment of the billed amount even if it is disputed one,

failing which the licensee may initiate action treating it as a case of non-payment:

Provided that no action will be initiated if such a consumer deposits, under protest -

(a) an amount equal to the sum claimed from him, or (b) the electricity charges 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.

5.7.2 The licensee will, after the receipt of a complaint from a consumer in its designated office, decide the billing dispute within twenty four hours if no additional information is required and within ten days, if additional information is required.

5.7.3 If on examination of a complaint, the licensee finds a bill to be erroneous, a revised bill will be issued to the consumer indicating a revised due date of payment, which will not be earlier than ten days from the date of delivery of the revised bill to the consumer. If the amount paid by the consumer under para 5.7.1 is in excess of the revised bill, such excess amount will be refunded through adjustment first against any outstanding amount due to the licensee and then against the amount becoming due to the licensee immediately thereafter. The licensee will pay to such consumer interest on the excess amount at twice the SBI’s Short Term PLR prevalent on the first of April of the relevant year from the date of payment till such time the excess amount is adjusted.

5.7.4 If the licensee finds the bill to be correct, the consumer will be intimated accordingly and will be required to pay the balance amount, if any, alongwith additional charges for delayed payment from the due date, initially stipulated in the bill.

5.7.5 In case the consumer is not satisfied with the decision of the licensee, he may after effecting payment in terms of para 5.7.1 seek redressal in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers) Regulations ,2003.

CHAPTER-VI

UNAUTHORIZED USE AND THEFT OF ELECTRICITY 6. 1 Unauthorized use of electricity .– 6.1.1 An “assessing officer”, designated as such by the State Government under

Section 126 of the Act will, suo-moto or on receipt of information/complaint


regarding “unauthorized use of electricity” as explained in Explanation (b) of the said section, promptly inspect such premises. 24[However increase in the connected load, without permission from the licensee,

shall not be considered as unauthorized use of electricity under section 126 of the

Act, if -

(i) there is no change in applicable tariff category, or sub-category

thereof, as a result of increase in connected load; and

(ii) the actual demand (kVA) does not exceed the maximum limit

arrived at by converting the sanctioned connected load (kW)

into kVA, based on an assumed power factor of 0.9, by more

than 10 kVA:

Illustration.- if the sanctioned connected load of the consumer

is 360kW and actual demand is 410 kVA or less it shall not be

considered as unauthorized use of electricity under the section

126 of the Act even if the sanctioned contact demand is less

than 410 kVA, so long as the conditions under other clauses are

adhered to; and

(iii) there is no usage of electricity through a tampered meter; and

(iv) the electricity is used only for the purpose for which the same

was authorized; and

(v) the electricity is used only for the premises or the areas for

which the supply of electricity is authorized; and

(vi) the increase in connected load does not exceed the limit

computed as under-

(a) 10 kW in case where the sanctioned connected load is

upto 100 kW; and

(b) 10% of the sanctioned connected load subject to a

maximum of 200 kW, in case where the sanctioned

connected load is more than 100 kW:

Provided that where the extension of connected load comes to the notice of

the licensee, irrespective of the fact, whether or not, such extension is

considered to be unauthorized use of supply under section 126 of the Act, it

shall, apart from taking any other steps as may be necessary, give an option

to the consumer to either get such extension(s) regularized by completing the

formalities or to remove the extension(s) of the connected load. The licensee

shall be entitled to disconnect the supply if the consumer does not take any

steps in this direction even after service of a notice on him by the licensee.

However, the licensee may disconnect the supply temporarily even without a

notice if it reasonably believes that continuation of supply is likely to result

in loss of human or animal life or injury to a human being or any animal or

damage to property]

6.1.2 The assessing officer and other members of his team will at the time of inspection carry alongwith them their photo identity cards, which will, on demand, be shown to the person present at site before entering the premises.



6.1.3 If on inspection of the premises/area and/or scrutiny of the records, the assessing officer comes to the conclusion that the consumer is indulging in unauthorized use of electricity, he will prepare an inspection report inter-alia indicating connected load for unauthorized use of electricity, condition of meter and its seals and also details of evidence substantiating the unauthorized use. The assessing officer will wherever possible photograph/videograph the means of such unauthorized use.

6.1.4 The assessing officer will sign the inspection report and a copy handed over to the person or his/her representative present at site. The person present at site may also sign the inspection report. In case of refusal to accept the report, a copy of the inspection report will be posted at a conspicuous place in/outside the premises and another copy of the same shall be sent under registered post.

6.1.5 In case theft of electricity is detected by the assessing officer at the time of inspection under para 6.1.1, and in case the assessing officer is himself not an authorized officer, to be appointed by the State Government under Section 135 of the Act , an immediate reference reporting the facts will be made to the authorized officer for taking further action under para 6.2. The assessing officer will also take suitable measures to ensure that status of the means adopted for theft is maintained as ‘in found condition’ at the premises till investigation is initiated by the authorized officer.

6.1.6 The assessing officer will provisionally assess the amount payable by the person benefited by the unauthorized use of electricity as per procedure specified in Annexure- A.

6.1.7 The provisional assessment order will be issued within forty- eight hours of inspection and served upon the person in such a manner as may be prescribed by the State Government.

6.1.8 The person served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the licensee within seven days of the service of the order on him.

6.1.9 Final Assessment for unauthorized use of electricity.- i) Any person not satisfied with the provisional assessment shall be

entitled to file objections, if any, against the provisional assessment order before the assessing officer within seven days of the order having been served upon him.

ii) Within seven days of submission of the objection(s), the assessing officer will scrutinize the case and if no unauthorized use of electricity is established then after taking the reasons on record, the case will be dropped immediately and the person informed accordingly.

iii) If the assessing officer is still of the view that unauthorized use of electricity has taken place, he shall after providing an opportunity of personal hearing to the person, pass a final order of assessment specifying the amount payable within thirty days of the date of service of order of provisional assessment. In such a case the assessing officer will assess the electricity consumption and electricity charges as per the procedure given in Annexure-A.

iv) The person will be required to deposit the assessed amount with the licensee within seven days of receipt of the final order of assessment. The licensee may extend the last date of payment of the assessed amount or allow the payment in installments subject to payment of interest on the unpaid amount for the extended period


beyond seven days at the rate of 16 percent per annum compounded every six months.

v) The person served with the final order of assessment may accept it and deposit the assessed amount with the licensee or may file an appeal as per para 6.1.10.

6.1.10 Appeal to appellate authority - (i) The person aggrieved by the final assessment order made under

para 6.1.9 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and accompanied by such fee as specified by the Commission in the Himachal Pradesh Electricity Regulatory Commission (Procedure for Filing Appeal before the Appellate Authority) Regulations,2005.

(ii) No appeal shall be entertained by the appellate authority prescribed by the State Government unless the person deposits with the licensee an amount equal to half of the assessed amount inclusive of the amount already deposited and encloses documentary evidence of such deposit alongwith the appeal. No appeal will lie against the final order of the assessment if it has been passed with the consent of the parties.

(iii) The appellate authority will within ninety days of an appeal being admitted, pass a final order (Appellate Order) and forward copies thereof to the licensee, the assessing officer and the appellant. The order of the appellate authority shall be final.

(iv) In case the Appellate Authority holds that no case of unauthorized use of electricity is established, no further proceedings will be initiated by the licensee and the amount deposited by the appellant shall be refunded alongwith interest at the rate of 16 percent per annum compounded every six months for the period from the date of deposit till the amount recovered is adjusted through adjustment in the electricity bills of the immediately succeeding months. The appellant may also opt for cash refund of the amount deposited by the appellant alongwith interest at the rate of 16 percent per annum compounded every six months, till payment of such amount is made by the licensee.

(v) Where a case of unauthorized use of electricity is established, the person will, within thirty days, effect payment of the balance amount as per the Appellate Order.

(vi) In case the amount payable as determined by the appellate authority is less than the amount already deposited by the person, the excess amount will be refunded by adjustment in the bills of the immediately succeeding months alongwith interest at the rate of 16 percent per annum compounded every six months from the date of such excess deposit till the date of actual adjustment.

6.1.11 Default in payment of amount assessed 6.1.11.1 In case of default in payment of the assessed amount or any installments

thereof by a person, the licensee may, after giving not less than 15 days clear notice, disconnect the supply of electricity. The defaulter, on the expiry of seven days or the period as allowed by the licensee under para 6.1.9 (iv) from the receipt of the final order of assessment or the period allowed for making payment as per the decision of the appellate authority, will also be liable to pay interest on the outstanding amount at the rate of


sixteen percent per annum compounded every six months till the assessed amount or any installments thereof is finally paid.

6. 2 Theft of Electricity.- 6.2.1 Procedure in a case of theft of electricity.-

(a) An authorized officer, as notified by the State Government under Section 135 of the Act, will promptly inspect such a premises where he has reason to believe or has been intimated by an assessing officer under para 6.1.5 that theft of electricity, as defined in sub-section (1) of the said section, has occurred or is occurring.

(b) The authorized officer and other members of his team will, at the time of inspection carry photo identity cards, which will on demand be shown to the occupant or person present at site before entering the premises.

(c) The authorized officer will record evidence substantiating theft of electricity in the premises and will, wherever possible, photograph/video-graph the means of theft of electricity.

(d) In case where a occupant or person is suspected to have indulged/indulging in theft of electricity by tampering with the meter/metering equipment and/or its seals or otherwise then such equipment shall be sealed by the authorized officer so as to keep it as ‘in found condition’. The occupant or person or his representative will also be permitted to affix his seal at that time. The authorized officer shall take all possible appropriate measures to keep intact the seizures/evidence, so as to keep them as ‘in found condition’.

(e) The authorized officer will prepare an inspection report inter-alia indicating connected load for theft of electricity, status of meter/metering equipment, condition of meter and seals and any other irregularity noticed (such as means adopted for theft of electricity ) in such premises.

(f) The occupant or person of the place of search or any representative on his behalf shall remain present during the search and a list of all items seized in the course of such search shall be prepared and delivered to such occupant or person:

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

(g) The authorized officer will sign the inspection report, will obtain signature(s) of the occupant or person present at the premises during the search on the seizure memo and inspection report referred to in preceding clause (f) and shall hand over a copy, immediately after the inspection, to the occupant or person present at the premises during the search. In case of refusal to sign the said report and / or receive the inspection report, a copy of the same will be pasted at a conspicuous place in/outside the premises and another copy sent to the occupant or person under registered post. The inspection report will indicate the time period, which shall not exceed seven days, within which the occupant or person may raise objections against the said report before the authorized officer.

(h) In case any artificial means or means not authorized by the licensee, exist for the theft of electricity by the person/occupant, it shall be presumed, until the contrary is proved, that abstraction, consumption


or use of electricity has been caused by the person / occupant then, without prejudice to the provisions of the Act, the licensee may, upon detection of such theft of electricity, immediately disconnect the supply of electricity:

Provided that only such officer of the licensee, as authorized for the purpose by the Commission or any other officer of the licensee, of the rank higher than the rank so authorized shall disconnect the supply line of electricity.

Provided further that such officer of the licensee, shall lodge a complaint in writing relating to the commission of such offence in the police station having jurisdiction within 24 hours from the time of such disconnection.

(i) The authorized officer shall, within four days of the date of receipt of objections of occupant or person, arrange a personal hearing, if requested for by the occupant/person. In case, the occupant/person fails to appear on the appointed date and time, the authorized officer may proceed ex-parte and shall serve an assessment order upon the occupant or person in manner as specified under para 6.2.2.

(j) The authorized officer shall give due consideration to the facts submitted by the occupant or person and pass, within three days of the personal hearing under preceding clause (i), a speaking order as to whether a case of theft is prima-facie established or not. Speaking order shall contain the brief of inspection report, submission made by occupant or person in his written reply and oral submission during personal hearing and reasons for acceptance or rejection of the same.

(k) In case of a decision that a case of theft is not established no further proceedings shall be required and the connection shall be restored.

6.2.2 Where the theft of electricity by an occupant or person is prima-facie established, the authorized officer will assess the amount payable by the occupant or person, who has been benefited by such theft as per procedure, specified at Annexure-A. The assessment order will be delivered to the concerned occupant or person within 24 hours of the speaking order under clause (j) of para 6.2.1.

(a) An occupant or person not satisfied with the assessment order may prefer, within 15 days of the receipt of the assessment order, a representation before the authorized officer. The authorized officer will after giving the occupant or person an opportunity of being heard pass a final assessment order within seven days of the representation having been received.

(b) The authorized officer will furnish a copy of the final assessment order to the occupant or person and the licensee. The licensee will submit a copy of the final assessment order in the Special Court immediately after submission of the challan by the Police.

(c) An occupant or person will deposit with the licensee the assessed amount in the final assessment order, within thirty days of the receipt of assessment order.

(d) The licensee may extend the last date of payment of the assessed amount, in final assessment order, or allow the occupant or person to make payment in installments subject to payment of interest for the unpaid amount for the extended period beyond thirty days at the rate of 16 percent per annum compounded every six months.


(e) After the assessed amount, in final assessment order, is deposited in full by the occupant or person, the licensee will resume supply of electricity to the premises within forty-eight hours of such deposit. If the assessed amount, in final assessment order, is deposited by a person, who is not an existing consumer, the supply to his premises will be released treating it as a case of release of a new connection.

6.2.3 In case the civil liability finally determined by the Special Court is less than the amount deposited by the person or occupant under para 6.2.2, the excess amount so deposited will be refunded within fifteen days from the date of communication of the order of the Special Court to the licensee together with the interest at the rate of 16 percent per annum compounded every six months for the period from the date of such excess deposit till the date of payment.

6.2 4 Compounding .- (a) The State Government or any officer authorized by it may accept

from any person or occupant who has committed or is reasonably suspected of theft of electricity, a sum of money as compounding fee at rates notified by the State Government. In the event of such rates not having been notified, rates as given in Section 152 of the Act will apply.

(b) On receipt of such amount, all criminal proceedings against the person or occupant under this Act shall be dropped. The payment of compounding fee will be in addition to any civil liability accruing under para 6.2.3.

(c) The compounding of fees against an offence of theft of electricity shall be allowed only once to any occupant or person.

CHAPTER-VII DISCONNECTION AND RE-CONNECTION OF POWER SUPPLY

7.1 Disconnection of supply .– 7.1.1 The licensee may order disconnection of supply-

(a) in case of default in payment of dues and charges; (paras 7.1.2 and 7.1.3); (b) in case of default in payment of assessed amount{paras 6.1.11.1 and

8.1.2(iv)} ; (c) in case of the unauthorized reconnection of supply disconnected{ paras

7.1.5 and 7.1.8(ii) }; (d) in case of contributing harmonics in excess of specified standards (para

2.1.9); (e ) on the request of the consumer under { paras 7.1.6, 7.1.7 and 7.1.8(iii)

( c ) }; (f) upon detection of theft of electricity under sub-section (1- A) of

section-135 of the Act; { paras 6.2.1(h) and 7.1.10 }; (g) to prevent loss of human or animal life or injury to a human being or

any animal or damage to property; (h) to comply with statutory/lawful orders, directions issued by the

competent authority in exercise of its powers vested under any law passed by a competent legislature.


25[Provided that the disconnection of supply under clause (h) shall be

made after prior intimation to the consumer]

7.1.2 Where a consumer fails to deposit, the billed amount or any sum other than the charge for electricity due from him, with the licensee by the due date mentioned in the bill, the licensee may, after giving not less than fifteen days clear notice in writing to such consumer and without prejudice to his other rights to recover such amount, disconnect supply to the consumer temporarily and for that purpose disconnect any electric supply line or other works being the property of such a licensee. The authorized official of the licensee shall ensure that all the cases pertaining to default of payment(s) / temporary disconnections are monitored regularly and where default in payment(s) is continued for a period of six months, from the date of the payment first became due, the supply may be disconnected permanently:

Provided that the supply of electricity shall not be disconnected- i) if a consumer makes payment under protest as per Paras 5.2.14, 5.6.2 and 5.7 of this Code; ii) if any sum is not recoverable as per para 5.7 of this Code.

Provided further that, save in the case of theft of electricity or prevention of loss or damage to life and property, the supply of electricity to a consumer will not be disconnected on holiday and on a day when the next day is a holiday in the offices of the licensee.

26[Provided further that in respect of the period during which the supply

remains disconnected temporarily for any of the aforementioned reasons, the

demand charges as per the tariff order shall be charged only for 10% of the

total sanctioned contract demand. In case the defaulting consumer

permanently surrenders a part of his sanctioned contract demand during this

period, the demand charges shall be levied for 10% of the balance contract

demand]

7.1.3 In case of continued default in payment of any amount, due to the licensee by any consumer for a period of more than six months, the licensee may terminate the agreement executed with the consumer in accordance with the ‘Conditions of Supply’ of the licensee and remove the electric line or works connected with the supply of electricity to the consumer.

7.1.4 In case the licensee discovers that the supply to the premises disconnected under para 7.1.1, has been unauthorizedly restored through a live connection of other premises, notice to the consumer of such live connection be given to stop such unauthorized supply to the disconnected premises immediately, failing which pending dues of the disconnected connection shall be transferred to his account and non-payment of such transfer of dues may be dealt with as provided under para 7.1.2 apart from other action(s) as per the provision(s) of the Act.

7.1.5 The licensee may take steps to prevent unauthorized re-connection of such connection disconnected under para 7.1.1, wherever licensee discovers that connection has been reconnected and attracts provisions of Section 138 of the Act then the licensee may initiate action as per the provisions of the Act.

25 Added by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014) 26 Insertion by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)


7.1.6 In case the consumer desired his connection to be disconnected permanently, he shall apply for the same on the format prescribed in Annexure-C of this Code. The licensee shall carry out special reading and prepare final bill, including all arrears up to the date of such billing within five days from such request. Upon payment, the licensee shall issue the receipt with final bill stamped on it and this receipt shall be treated as “No dues certificate”. Thereafter, the licensee shall not have any right to recover any charges for any period prior to this date of billing.

7.1.7 In case the consumer desires that his connection be disconnected temporarily for a period up to six months then he shall apply for the same on the format prescribed at Annexure-C of this Code and shall be liable to pay in advance all charges that are fixed in nature like demand charge, meter rent etc. as per the Tariff Order in force. The consumer shall also be liable to pay 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.

7.1.8 The supply may be disconnected temporarily or on permanent basis as per procedure given hereunder:- (i) The licensee may not remove the service line, meter etc. in case of

temporary disconnection The licensee shall remove service line, meter etc. after permanent disconnection;

(ii) The licensee may remove service line/cable if he has sufficient reason(s) to believe that the consumer, in case of temporary disconnection, shall resort to unauthorized use of electricity. However, meter shall not be removed in such cases.

(iii) The supply shall be disconnected permanently in following cases: - (a) with the termination of the agreement; (b) if the removal of the cause for which the supply was disconnected

temporarily is not within the period allowed for the removal of such cause or if the proof of removal of the cause for disconnection is not produced to the satisfaction of the licensee’s employee deputed for the purpose;

(c) on request of the consumer as per para 7.1.6. 7.1.9 For all cases of temporary and permanent disconnection(s)-

(a) if dues are not paid by the consumer, the delayed payment surcharge, as per Tariff Order shall be levied up to the date of permanent disconnection, and

(b) the security deposit’s amount shall be adjusted in the final bill. 7.1.10 Not withstanding anything contained to the contrary herein, the

disconnections on account of theft of electricity, shall be dealt with in accordance with the para 6.2 of this Code.

7.2 Restoration of supply of electricity. –

7.2.1 The licensee shall resume supply of electricity within twenty-four hours from the time the consumer-

(a) makes good the default and /or pays outstanding payment, (b) pays the prescribed amount as per the Tariff Order, for reconnecting

the supply of electricity,


(c) pays the consumer service charges/ fixed charges for the period of disconnection and the additional charges for the delayed payment: Provided that in case of permanent disconnection, if the electric line

or plant supplying electricity to the consumer is/are removed by the licensee then the licensee will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection and the consumer will deposit charges as if a new connection is being released:

Provided, further that in case of temporary disconnection, if the

electric line or plant supplying electricity to the consumer is/are removed by the licensee then the licensee will restore supply after undertaking the work(s) for providing the electric line or plant within the time specified in the case of a new connection.

7.2.2 Supply to the consumer will be immediately reconnected, if the licensee

reasonably believes that the circumstances leading to the disconnection were actually an omission on the part of the licensee. In such an event, no charges on any account will be recoverable from the consumer.

7.3 Entry of licensee’s authorized person to consumer premises .– 7.3.1 Any authorized person of the licensee may, at any reasonable time and on

informing the occupier of his intention, after establishing his identity, enter any premises to which electricity is being supplied or is to be supplied by the licensee for any of the following purposes: - (a) inspecting, testing, repairing or altering the electric supply lines, meters,

fittings, works or other apparatus for the supply of electricity belonging to the licensee ;

(b) ascertaining the quantity and other parameters of electricity supplied; (c) removing, where supply of electricity is no longer required or where the

licensee is authorized to take away and disconnect such supply, any electric supply lines, meters, fittings, works or apparatus belonging to the licensee.

7.3.2 Any authorized person of the licensee may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier,- (a) enter any premises or land referred to in para 7.3.1 for any of the

purpose(s) mentioned therein; (b) enter any premises to which electricity is to be supplied for the purpose of

examining and testing the electric wires fittings, works and other apparatus for the use of electricity belonging to the consumer.

7.3.3 If a consumer or occupant refuses to allow the licensee or any person authorized by the licensee to enter the premises in pursuance to paras 7.3.1 and 7.3.2 of this Code and section 163(3) of the Act or refuses to allow him to perform any act, which he is authorized to perform under this Code, the licensee may, after expiry of twenty-four hours from the service of a notice in writing on the consumer or occupant, temporarily disconnect supply of electricity to the premises for so long as such refusal or failure continues.


CHAPTER VIII MEASURES TO PREVENT UNAUTHORIZED USE OF ELECTRICITY, THEFT OR TAMPERING, DISTRESS OR DAMAGE TO ELECTRICAL PLANT, ELECTRIC LINES OR METER 8.1 Tampering, distress or damage to electrical plant, electric lines or

meter .– 8.1.1 Where any person intentionally or by negligence damages or allows to

damage any electric plant or electric line belonging to a licensee and if such offence is established then he will be liable to pay the expenses likely to be incurred for repair/replacement of such plant/line, as assessed by the notified officer of the licensee without prejudice to the right of the licensee to take any other action under the Act.

8.1.2 (i) The designated officer of the licensee will, within 24 hours of any such damage to an electric line or plant, arrange that the likely expenditure for the repair/replacement thereof is provisionally assessed. The person concerned will be required to deposit the provisionally assessed amount within two days of the intimation of the assessment as stipulated under section 171 of the Act. In the event of the person not being satisfied with the provisional assessment, he may after depositing such amount submit a representation to the designated officer of the licensee who will after providing the concerned person an opportunity of being heard, make final assessment within seven days.

(ii) In case the amount deposited by the person exceeds the finally assessed amount then such excess amount will be refunded by the licensee within two days of the final assessment. Where the person is a consumer, the refund will be allowed through adjustment in the electricity bills of the immediately succeeding months.

(iii) In the event of the person/consumer still not being satisfied with the final assessment so made, the person/consumer shall be entitled to file an appeal to the appellate authority under section 127 of the Act.

(iv) The licensee may, in the manner laid down in para 7.1 of this Code, discontinue the supply of electricity to the consumer until the finally assessed amount have been deposited.

8.1.3 Where any person intentionally or by negligence damages or allows damaging meter belonging to a licensee, the action may be taken in accordance with the provisions of para 6.2 and this para.

8.2 Preventive measures .– 8.2.1 With a view to discourage theft or unauthorized use of electricity or

tampering, distress or damage to electrical plant, electric lines or meter, the licensee will inter-alia initiate preventive measures as detailed below: -

(a) arrange annual inspection, testing and certification of meters of at least 10% of total connections in his licensed area of operation;

(b) annually install pilfer proof/improved meter boxes on at least 10% of existing connections till the said meter boxes are installed on all the connections;

(c) periodically inspect the status of service lines and ensure replacement, wherever required;


(d) relocate at its cost the meters of existing consumers to an appropriate location so that these are easily accessible for reading, inspection/ testing etc.;

(e) arrange to provide publicity to enhance awareness of the potential of reducing commercial losses and the beneficial implications thereof to the consumer;

(f) initiate steps to prevent theft by- (i) replacement of overhead bare conductors with cables; (ii) provision of high voltage distribution system ; (iii) draw up an annual plan for reduction of

commercial/technical losses and any other measures, as the licensee may deem fit;

(g) initiate effective energy audit by- i) working out voltage-wise and feeder-wise losses within six

months; ii) display on its website area-wise, voltage-wise and feeder-

wise losses; iii) installation of energy meters on distribution transformers; iv) installation of remote metering devices on EHT and HT

connections; and v) submission of energy audit report to the Commission.

CHAPTER IX MISCELLANEOUS

9.1 Service of notice .– 9.1.1 Any order/notice to a person/consumer by the licensee including a notice under

Section 56 of the Act, shall be served in the manner as prescribed under section 171 of the Act and shall be deemed to be duly served by the licensee, if it is -

(a) sent by registered post, under certificate of posting, or by courier, (b) delivered by hand to a consumer/person and an acknowledgement

taken from any person in the premises, or (c) affixed at a conspicuous part of such premises in case there is no person

available, to whom the order/notice can, with reasonable diligence, be delivered.

9.2 Electric plant, electric line or meter not to be attached .– Any electrical plant, electric line or meter owned by or leased to a consumer by a

licensee or having sufficient marking indicating the licensee as the owner thereof, will -

(a) not be deemed to be a landlord’s fixtures, not withstanding that these may be fixed or fastened to any part of his premises ; and

(b) not be subject to distress or be liable to be attached in execution under process of any court or any proceedings against the person in whose possession these may be.

9.3 Obligation of the transmission licensee (s) .– The State Transmission Utility and/or any other transmission licensee, operating in the State, will where necessary extend all reasonable co-operation to enable a licensee to release new connection or additional load/demand to an applicant in accordance with this Code.

9.4 Energy Conservation. –


(i) The licensee will take all requisite measures to promote energy conservation in its area of supply and encourage/incentivise consumers in adopting suitable conservation practices in their premises.

(ii) The licensee will prepare annually an Energy Conservation Plan, which will be furnished to the Commission along with the ARR.

9.5 Issue of orders and practice directions .– Subject to the provisions of the Act and this Code, the Commission may, from time to time, issue orders and directions in regard to the implementation of this Code and matters incidental or ancillary thereto.

9.6 Powers to remove difficulties .– If any difficulty arises in giving effect to any of the provisions of this Code, the

Commission may suo moto or on an application made to it, do or undertake things or by a general or special order, direct the licensee, to take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or expedient for the purpose of removing difficulties.

9.7 Power to amend .– The Commission may, at any time, add or amend any of the provisions of this Code.

BY ORDER OF THE COMMISSION

-Sd- Secretary

ANNEXURE-A

Assessment of electricity charges in cases of Unauthorized use/theft

(See Para 4.4.8 (ii); 6.1.6; 6.1.9 (iii); 6.2.2) (1) Assessment of electricity charges in the case of unauthorized use of

electricity under Section 126 of the Act. (a) Where it is concluded that unauthorized use of electricity has taken place,

the assessment shall be made for the entire period during which such unauthorized use has been continuing. If, however, in a case where the period of unauthorized use cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.

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

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

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

(c) Electricity charges in all cases of unauthorized use of electricity will continue

to be levied as in sub-para (b) above till the cause of unauthorized use of electricity is rectified.


27[(d) Where the applicable Schedule of Tariff provides for the rates in respect

of the violation charges, the assessment shall be made by taking such rates

into account. The relevant charges as per the tariff order applicable, from

time to time, such as contract demand violation charges, shall continue to be

applicable even if the violations, if any, do not constitute unauthorized use of

electricity under section 126 of the Act.]

(2) Assessment of electricity charges in cases of theft of electricity as per

Section 135 of the Act. (a) Where it is prima facie established that theft of electricity has taken place,

the consumption of electricity will be computed on the basis of the LDHF formula as detailed in para 4 below.

(b) The consumption of electricity so computed will be charged for a

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

(3) Applicable to both para 1 & 2 above :-

(a) The electricity charges already paid by a person/ consumer for the electricity consumed during the presumptive period of assessment, if any, will be adjusted in the electricity charges assessed as per paras 1 and 2 above.

(b) Any liability under other Laws/Regulations or provisions of the Supply` Code will be in addition to the electricity charges payable in accordance with paras 1 & 2 above.

(4) LDHF formula for assessment of electricity consumption:-

Units assessed = L x D x H x F, where L is the load found connected during the course of inspection in KW.

Where, ‘D’ is number of working days per month, during which unauthorized use/theft is suspected

and will be taken for different categories of use as below: (a) Continuous industry 30 days

(b) Non-continuous industry 25 days

(c) Domestic use 30 days (d) Agriculture 30 days

(e) Non-Residential (continuous) viz. hospitals, hotels restaurants, guesthouses, nursing homes, 30 days

petrol pumps.

(f) Non Residential (general) i.e. other than (e) 25 days (g) Water works & street lights 30 days

(h) Other categories 30 days

‘H’ is use of supply hours per day, which will be taken for different categories of use as below:

(a) Single shift industry (day / night only) 08 hrs.

(b) Non-continuous process industry (day & night) 20 hrs. (c) Continuous process industry 24 hrs

27 Insertion by Himachal Pradesh Electricity Supply Code (First Amendment) Regulations, 2014(w.e.f. 16.06.2014)


(d) (i) Non-Residential (general) including restaurants 12 hrs.

(ii) Hotels, hospitals, nursing homes, guest houses, 20 hrs. petrol pumps

(e) Domestic 08 hrs. (f) Agriculture 06 hrs.

(g) Water works 08 hrs.

(h) Street light 12 hrs. (i) Other categories e.g. temporary connection etc. 12 hrs.

‘F’ is demand factor, which will be taken for different categories of use as below:

(a) (i) Industrial ( General ) 60% (ii) Power Intensive, Arc Furnace 75%

(b) Non-Residential - 40%

(c) Domestic 30% (d) Agriculture 100%

(e) Direct theft 100% (f) Other categories e.g. temporary connections 100%

ANNEXURE - B Particulars to be included in the Bills

{See Para 5.2.5 (a), 5.5(b) } (a) Billing Cycle

(b) Bill Number (c) Bill date (d) Name of Sub-division/division (e) Consumer a/c no., name and address (f) Contracted demand/Connected load (g) Category of consumer (i.e. DS, NRS etc) (h) Status of meter (OK/defective/missing/Door locked etc.) (i) Meter No. – In case replacement of energy meter is involved during the

billingPeriod, the meter number of the new meter and consumption recorded by the Old meter shall also be indicated on the bill.

(j) Meter reading Date (k) Initial meter reading of the billing period/cycle with date (l) Final meter reading of the billing period/cycle with date (m) 1) Multiplying Factor of the meter

2) CT and PT ratios (n) Number of units consumed during the billing period. (o) Billing details: - The following details for the current month demand and arrears

shall be furnished in the bill; (1) Energy/Monthly Minimum Charges (2) Fixed Charges (3) (i) Electricity Duty (ii) Octroi (4) Fuel cost adjustment charges (5) Surcharge for low power factor or incentive for high power factor. (6) Voltage surcharge or incentive for high voltage (7) (i) Meter rent/charges (ii) Service rent/charges

(8) Additional charges for belated payment (9) Less interest on security (10) Total current month demand (11) Arrears – (i) Preceding financial year


(ii) Current financial year. (12) Others (13) Total amount due (14) Adjustment

(Reason and period of adjustment to be indicated) (15) Due date of payment

1)by cash 2) by local cheque/demand draft 3) by Bank Transfer 4) by credit / debit card

(16) Amount payable by due date (17) Amount payable after due date

(p) Mode of payment (q) In case of cheque and bank drafts, the receiving authority in whose favour the

cheque/draft should be drawn. (r) Address/Details of concerned local collection 227centers and notified offices of the

Licensee or such other facility notified by the Licensee, with working hours where payment of Electricity Bill may be effected.

(s) Designation and address of authorities with whom complaints or grievances can be lodged and addresses and telephone numbers of the Forum and the Ombudsman constituted under Section 42 of the Act

(t) Telephone No. of complaint center and notified office (u) Tariff rates (v) Last six months consumption Note: The format for billing is to be designed on the basis of the indicative particulars

mentioned above for approval of the Commission.


ANNEXURE-C (See para7.1.6 and 7.1.7)

Application for Permanent/Temporary Disconnection Application No. (for official use only) ……………………

Particular(s) of existing owner

1 Existing Consumer No. (Customer ID. No.)

2 Name (In Capital)

3

Address at which disconnection is required

House

Street

Colony/Area

Pin

Telephone No./ Mob

4 Effective date on which permanent disconnection is to be carried out

Effective date and Period for which temporary disconnection is to be carried out

5 List of Documents: 1. Copy of latest bill duly paid (proof to be attached)

Date: Signature of Applicant

OR Authorized

Representative

APPENDIX

Additional Formats/ Check list / list(s) to be prepared by the Licensee 1. Application and Agreement form for supply of Electricity to all type of

connections, purposes e.g. load enhancement/reduction and consumer categories.

2. Wiring contractor test report. 3. Format for List of approved type and make(s) of Meter(s) and Metering

Equipment(s). 4. Format for arrear bill. 5. Format for advance payment of the electricity bill. 6. List of all supporting documents needed, for release of new electricity

connection. 7. Application format for transfer of ownership (may be included in the form at

Sl. No. 1 above). 8. Application format for change in consumer category. 9. Meter Test Report. 10.Format(s) of inspection report for case(s) of unauthorized use or theft of

electricity. 11.Any other document/format, so required.


HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA (Published in Rajpatra HP on 23.05.2012)

NOTIFICATION Shimla 171002 the 18th May, 2012

No. HPERC/419.- In exercise of the powers conferred by section 46, read with section 181, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, and in supersession of Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for supply of Electricity) Regulations, 2005, published in the Rajpatra, Himachal Pradesh (Extra), dated 4th April, 2005, the Himachal Pradesh Electricity Regulatory Commission, after previous publication, makes the following Regulations :-

REGULATIONS 1. Short title, extent and commencement.- (1) These Regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity ) Regulations, 2012. (2) These Regulations shall be applicable to all the distribution licensees in their respective licensed areas, in the State of Himachal Pradesh. (3) These Regulations shall come into force on the date of their publication in the Rajpatra, Himachal Pradesh. 2. Definitions.- In these Regulations, unless the context otherwise requires,- (a) “Act” means the Electricity Act, 2003 (36 of 2003); (b) “applicant” means an owner or occupier of any land/premises (including the

authorised representative of such owner or occupier) who makes an application to a licensee for supply of electricity and/or for any other purpose covered under these Regulations;

(c) “Commission” means the Himachal Pradesh Electricity Regulatory Commission; (d) “Demand Notice” means the notice to be issued by the licensee to the applicant in

accordance with the regulation 3 of the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for supply of Electricity Request) Regulations, 2004 and Clause 3.1.4 of Himachal Pradesh Electricity Supply Code, 2009, read with the provisions of these Regulations.

(e) “extra high tension (EHT)” means supply voltages above 33000 volts; (f) “Supply Code” means the Himachal Pradesh Electricity Supply Code, 2009, read

with its amendments from time to time and the provisions of these Regulations; and

(g) other words and expressions used and not defined in these Regulations, but defined in Act, shall have the meanings as assigned to them in the Act.

3. Power to recover expenditure.- Subject to the provisions of the Act and these Regulations and subject further to such directions, orders or guidelines which the Commission may issue, the distribution licensee is authorised to recover such expenses as may be reasonably incurred by it in providing any electric line and the electrical plant used for the purpose of giving supply of electricity and the recoverable expenditure shall be computed in accordance with the principles contained in these Regulations and at the rates approved by the Commission pursuant to these Regulations. 4. Expenses for providing service line.- The distribution licensee shall recover all expenses reasonably incurred on the works related to laying of service line to the premises of the applicant as well as the cost of providing terminal equipment and other arrangements (except the cost of meter, CT and PT) at the applicant’s premises :

Provided that the distribution licensee may, with the approval of the Commission, recover the expenses on the basis of average or normative rates for providing the service lines for the purpose of giving supply of electricity to one or more categories of applicants


based on connected load or contract demand, voltage level, nature of load, tariff classification and length and specification of service lines:

Provided further that in cases where the normative rates have been approved by

the Commission for a particular period for a particular type of service line, the recovery for laying of that type of service line shall be made by the distribution licensee only in accordance with the rates and terms and conditions so approved by the Commission for that period:

Provided further that the Commission may direct the licensee to recover the cost of

service line under this regulation at fixed per kilometer rates, based on the standard cost data, for all or any of the categories:

Provided further that the average or normative rates shall, unless specifically

approved by the Commission, not apply to the temporary connections.

5. Expenses for the distribution system other than service lines.- (1) The distribution licensee shall also be authorised to recover such proportion, as may be considered reasonable by the Commission, of the expenses incurred, or to be incurred, for creation, including augmentation or additions, of the distribution system, other than those for the service lines, for the infrastructural development as a continuous and co-ordinated process, so as to meet its obligations for supply of power to the applicants for permanent connections under the Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for Supply of Power on Request) Regulations, 2004 and such recovery shall be regulated under the provisions of this regulation and also other relevant provisions of these regulations.

(2) Save as provided under sub-regulation (3), the distribution licensee shall recover the expenses in the shape of infrastructural development charges at the normative rates and associated terms and conditions, as may be approved by the Commission for the various slabs and categories based on the connected load or contract demand and/or supply voltages and/or nature of loads and/or geographical areas and/or tariff classification:

28[Provided that in case of the Central and State Government/Government Agencies,

if the applicant is willing to deposit in advance the entire estimated/actual cost of works

including the service line, before the actual commencement of works required to be

executed for supply of power and such estimated cost is more than the normative Infra

Development Charges (IDC) and cost of service line, the applicant shall not be required to

make the separate payment of IDC under these regulations and charges towards advance cost

share for getting Power Availability Certificate (PAC) under Himachal Pradesh Electricity

Supply Code, 2009].

Provided 29[further] that for determining the normative rates per kW or kVA for

the connected load or contract demand, as the case may be, the Commission shall ordinarily consider the following on normative basis:-

(i) the estimated cost of providing, erecting and commissioning one transformer of appropriate capacity and voltage ratings on normative

28 Inserted by Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of

Electricity) (First Amendment) Regulations, 2015( w.e.f. 23.07.2015) 29 Inserted by Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of

Electricity) (First Amendment) Regulations, 2015(w.e.f.23.07.2015)


basis, alongwith two bays (i.e. one on each side of the transformer) but excluding the cost of land and other components of the sub-station;

(ii) the estimated costs of two electrical lines (i.e. one for each side of the transformer considered under the preceding clause (i)) of such normative lengths as may be considered appropriate by the Commission;

(iii) any other costs as may be considered appropriate by the Commission;

(iv) the connected loads or contract demands, as the case may be, that can be catered for various categories under preceding clauses (i), (ii) and (iii) after applying suitable demand and diversity factors and suitable factor(s) for redundancy in the system; and

(v) allocation factors as well as the terms and conditions, as the Commission may find to be reasonable and appropriate:

Provided further that the Commission may fix the normative rates for per kVA of the contract demand in case of supply to be governed by two part tariff (i.e. energy and demand) and per kW of connected load in case of supply to be governed by single part tariff (i.e. energy) :

30[Provided further that the Infrastructure Development Charges shall not be

recovered in cases where the electricity connection for domestic supply existing in the name

of an individual person is to be transferred, for similar purpose, in the name of any relative

of such person owing to inheritance or on specific request of existing consumer.

Explanation:

(A) For this purpose, the term “relative” shall include the following:-

(i) Spouse of the individual;

(ii) Brother or sister of the individual;

(iii) Brother or sister of the spouse of the individual;

(iv) Brother or sister of either of the parents of the individual;

(v) Any lineal ascendant or descendant of the individual;

(vi) Any lineal ascendant or descendant of the spouse of the individual;

(vii) Spouse of the person referred to in (i) to (vii):

(B) In case the new consumer required a load in excess of the load sanctioned for

the original consumer, the expenditure for such additional load shall be

recovered from the new consumer in accordance with regulation 7. In such

cases, additional security for the additional load shall be deposited by the new

consumer at the rate fixed under HPERC (Security Deposit) Regulation, 2005]

Provided further that the Commission may, while fixing the normative rates, restrict

the rates worked out under the first proviso to this sub-regulation to such ceiling limits for respective categories as it may consider necessary:

30 Inserted by Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of

Electricity) (Third Amendment) Regulations, 2015(w.e.f.20.10.2015)


Provided further that the normative rates shall, unless specifically approved by the Commission, not apply to the temporary connections :

Provided further that the entire cost, including the cost of all components as well

as the additional recovery or refund under sub-regulation (9), of the bays required to be executed at the sub-station(s), including the cost of re-organising the bays, if any, exclusively for faciliting and/or controlling supply of power to an applicant or group of applicants shall also be recovered from the applicant(s) in addition to the normative rates:

Provided further that in cases where provisions of sub-regulation (3) are attracted,

the amounts worked out under this sub-regulation and sub-regulation (9) shall be considered as the minimum amounts to be borne by such applicants.

(3) In case of an applicant or group of applicant(s), where-

(i) the supply of power is required at a site in an area, which does not have appropriate infrastructure for catering the loads of the nature and quantum required by the applicant(s) and where no other significant growth of load, at the voltage level similar to that at which supply is required, is foreseen in the immediate future, including the sites where locations of the loads depend upon the geographical factors and availability of basic raw-material such as for cement factories and construction power for hydro-electric projects; and ii) the total estimated cost of the works required to be executed for the appropriate capacities, keeping in view the minimum capacities standardised or generally planned by the licensee for the relevant voltage level(s), exceeds the summation of the amounts payable by the applicant or the group of applicants pursuant to sub-regulation (2) ; the licensee may require the applicant or the group of applicants to deposit

the entire estimated cost of the works required for facilitating adequate provision in backup system and supply of power to such applicants :

Provided that if, subsequent to receipt of applications but before the

commissioning of works, some more application(s) are received for loads to be released on permanent basis, at voltage levels similar to those for the original applicant(s), by using the works envisaged for the original applicants, such additional applications shall be clubbed together with the original applications for the purpose of recovery of costs and treated at par with original applicants and shall also be considered as original applicant(s) for all intents and purposes of regulation 5 and regulation 6 :

Provided further that in case of works required to be executed for a group of applicants under this sub-regulation, the costs shall be apportioned as under :-

(i) cost of common works shall be recovered on pro rata basis in the ratio of contract demands of various applicants;

(ii) cost of exclusive works shall be charged exclusively to the applicant(s) for whom such works have been/are required to be executed; and

(iii) cost of other works shall be charged, on proportionate basis, to the applicants for whose benefit such works are required to be used:

Provided further that the provisions under the succeeding sub-regulations (4) to (9) shall also be applicable in case of the connections released under this sub-regulation.


(4) The licensee shall be entitled to use the spare capacity in the works executed under sub-regulation(3) for release of connections to the subsequent applicant(s), or otherwise, and also to recover the charges/costs, as per sub- regulations(2) and (9) as applicable, from such subsequent applicant(s).

(5) The original applicant (s) under sub regulation 3, who have borne the entire

cost of the infrastructural works, shall be entitled to use the spare capacity, if any, after providing for 30% redundancy in the total system created at their cost and the capacities used pursuant to preceding sub-regulation(4), on first come first serve basis, and no additional infrastructural development charges shall be recovered from such an original applicant/developing agency for use of such spare capacity so long as the amount borne by him after excluding the cost of exclusive work(s) and after adjusting the amount of refunds, if any, under succeeding sub-regulations(6),(7) and (8) is more than the minimum amount payable by him as per the sub-regulations (2) and (9) in respect of the total connected load/contract demand sanctioned, including the same sought to be sanctioned under this sub-regulation in his favour, as worked out at the rates for the respective periods in which such loads/demands are sanctioned. (6) If subsequent application(s) are received within 5 years after the date of commissioning of works executed under sub-regulation (3), for permanent supply of power at a voltage level similar to that for the original applicant(s) under sub regulation (3) and supply of power to such applicant(s) essentially involves usage of such works, on regular basis, the infrastructural development charges, if any, actually recovered from such subsequent applicants for usage of spare capacity as quantified in accordance with sub-regulation (8) shall be refunded, on pro-rata basis, to the original applicant(s) under sub regulation (3), who had borne the full cost, to the extent of permissible amount of refund under succeeding sub-regulations (7) and (8) :

Provided that if the provision for supply to such new applicant (s) require

execution of certain additional infrastructural works, apart from the usage of the facilities/works created at the cost of original applicant(s) under sub-regulation (3), the cost of such additional works shall first be deducted from the infrastructural development charges recovered from such new applicant (s) and only the balance amount, if any, out of the amounts recovered from such new applicants, shall be refunded, on pro-rata basis, to the original applicant(s) who had borne the entire cost.

(7) The maximum permissible amount of refund to any original applicant under

sub- regulation (3) shall not exceed the amount actually paid by him in excess of the summation of the following :-

(i) the infrastructural development charges under sub- regulations (2) and (9) on the total connected load/contract demands sanctioned originally and including those availed subsequently by the same applicant, under sub-regulation (5), at the rates applicable for the respective periods in which such loads/demands are sanctioned; and

(ii) the cost of works, including the bays required at the existing and /or new sub-stations, as may be executed or required to be executed exclusively for facilitating, control and or supply of power to such applicant or group of applicants:

Provided that such applicant(s) shall not be entitled to any interest on any part of the amount paid by them in respect of the period between date of payment and refund, if any.


(8) For the purpose of these Regulations, the spare capacity shall be determined with reference to the capacity of all main components of the works referred to in sub-regulation (3), including line(s) and transformer(s), and only such spare capacity as is concurrently available in all the components, after providing for 30% redundancy in each of the components, shall be taken as the spare capacity:

Provided that in case of EHT works the spare capacity may be determined separately for the two main components i.e. EHT line(s) and EHT Sub-station(s) after providing for 30% redundancy in each of the said components and in that case, the amounts paid by each original applicant under sub regulation (3) as well as the entitlements under the preceding sub-regulations (4), (5), (6) and (7) shall be determined separately with reference to the actual costs of the two main components i.e. EHT line(s) and EHT sub-station(s) and the spare capacity available in the said two components.

(9) In case of the exclusive works under sub-regulation (2) or of any of the works under sub-regulation (3), the recovery of cost shall be made initially on the basis of estimated cost which shall be subject to additional recoveries or refunds, as the case may be, in the same manner as outlined in sub-regulations (2) and (3) of regulation 18 of these Regulations. 6. Electrification of colonies and complexes etc.- (1)In cases involving electrification of the areas developed and/or sponsored by the development agencies, like the Himachal Pradesh Housing and Urban Development Authority, Private Developers, Universities, Educational Institutions, the Himachal Pradesh Small Industries Development Corporation and the Housing Societies and the like, the developing agency shall bear the entire charges and/or costs for the infrastructural development under sub-regulations (2) and (9), or sub-regulations (3) and (9), of regulation 5, whichever are applicable, and the licensee shall take up the execution of such works only after receiving the entire amounts, excepting those for the adjustments for the difference between estimated costs and actual costs under sub-regulation(9) of regulation 5:

Provided that in case the developing agency bears the entire cost of the works under sub-regulations (3) and (9) of regulation 5, the provisions of sub-regulation (4) to (8) of Regulation 5 shall also be applicable.

(2) The licensee shall recover the cost of service lines and other works for the individual connections from the individual applicants under regulation 4 and/or regulation 17:

Provided that the licensee shall make adequate provisions for distribution mains and works in the estimates for the infrastructural works under sub-regulation (1) in a manner that the service lines required for the individual applicants are as short as reasonably feasible.

7. Recovery of expenditure for additional loads.- (1) Save as provided in sub-regulation (2), where an existing consumer availing permanent connection for electricity applies for additional connected load or contract demand, as the case may be, in excess of the connected load or contract demand, already sanctioned in his favour, the recovery shall be made as under:-

(a) in relation to the expenses/charges for the cost of service line under regulation 4 - (i) if the existing service line has sufficient spare capacity, after meeting

the requirements of all the connections released and/or committed to


be released through the same service line and redundancy of about 30% of the total capacity of such line, no additional cost shall be recovered for the service line;

(ii) if sufficient spare capacity is not available, in accordance with the preceding sub-clause (i), in the service line for meeting the additional connected load or contract demand, the cost of strengthening the existing service line, or of providing a new service line, shall be recovered from the applicant:

Provided that the cost to be recovered under sub-clause (ii) shall not

exceed the cost of providing a new service line for the total connected load or contract demand under regulation 4 of these Regulations;

(b) in relation to the infrastructural development charges under

regulation 5 :-

31**{(i) if the provisions of sub-regulation (3) of regulation 5 are not

attracted, then, subject to succeeding sub-clause (iii), such charges shall

be recovered only for the additional connected load/contract demand in

accordance with sub-regulations (2) and (9) of regulation 5, regulations

14 and 15 of these regulations;

(ii) if the licensee permits clubbing of two or more electricity connections,

existing at same or different voltages, but in the name of same person

and at the same or contiguous premises, as a single connection in the

name of the same person and at the same premises, and at a voltage not

less than 11 kV and also not lower than the Standard Supply Voltage,

corresponding to the combined connected load/contract demand, the sum

total of sanctioned connected load/contract demand, of such connections

shall be considered as the existing connected load/contract demand for

computing the additional connected load or contract demand for the

purpose of sub-clause (i) of this sub-regulation:

Provided that no refund on account of the charges mentioned in clause

(i) shall be allowed if such existing connected load/contract demand is

more than the combined connected load/contract demand for the new

connection and in such an event, the consumer shall be deemed to have

surrendered such reduction in the connected load/contract demand and

he shall not be entitled to claim at any subsequent stage any relief for

restoration of the connected load/contract demand so surrendered:

Provided further that when such clubbing of loads is permitted under this

clause, the consumer shall not be eligible to avail the benefit of

temporary reduction in the contract demand as per provisions of the

Supply Code for a period of 365 days from the release of new

connection after clubbing of the existing electricity connections:

31 Sub-clauses (i) and (ii) of clause (b) of sub-regulation (1) of Regulation 7 substituted by Himachal Pradesh

Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) (Fourth

Amendment)Regulations, 2017(w.e.f. 06.02.2017)


Provided further that the licensee shall have the right to use, maintain

and own the service line or any other electrical system, vacated by the

consumer due to such clubbing of existing electricity connections in

accordance with regulation 11 and the said works shall become the

property of the licensee.

Explanation- For the purposes of sub-clause (ii)-

(1) “person” shall have the same meaning as is assigned to it under

clause (49) of the Section 2 of the Act and two or more companies

formed and registered or deemed to have been formed and registered

under the Companies Act, 2013 (18 of 2013), having electricity

connections in their respective names, shall also be considered to be

entitled for clubbing of their electricity connections, if—

(a) (i) all such companies having electricity connections in their

names are the subsidiary companies of the same holding

company; or

(ii) one of such companies is a holding company and the other

company is the subsidiary company of that holding company;

and

(b) the new connection, after clubbing of existing connections, is

sought in the name of any of such subsidiary companies, which

are already availing connections sought to be clubbed, or in the

name of the holding company of such subsidiary companies;

(c) the conditions laid down in sub-clause (ii), read with succeeding

para (3) of this Explanation, in relation to the existence of the

electricity connections sought to be clubbed, as well as for

release of new connection, at the same or contiguous premises,

are met;

(2) the terms “Company”, “holding company” and “subsidiary

company” shall have the same meanings as are assigned to them

under the Companies Act, 2013 (18 of 2013);

(3) “premises” shall have the same meaning as is assigned to it under

clause (51) of section 2 of the Act and the existing electricity

connections which are sought to be clubbed, shall also be

considered to be entitled for clubbing, even if the same are being

availed at two or more such premises; if –

(i) all such premises at which such connections are being availed

are contiguous to each other and are not separated by any

such other premises, land, plots or roads etc., not solely

occupied by such consumers or by the person seeking new

connection after clubbing of existing electricity connections;

and


(ii) the new connection, after clubbing of existing connections, is

sought to be released for the premises encompassing the

contiguous premises for which such connections are already

existing; and which is intended to be occupied only by such

person in whose name the new connection is sought.

However there shall be no restriction to enlarge such

premises while releasing the new connection so long as the

new premises, after clubbing of connections, is entirely

continuous and is to be occupied by the new applicant; and”;

and }**

(iii) if the supply of additional connected load or contract demand, as

the case may be, requires execution of works referred to in sub-regulation(3) of regulation 5, the recovery shall be made for the total revised load or contract demand, as the case may be, in accordance with the provisions of the sub-regulations (3) and (9) of regulation 5;

(2) 32[Save as provided in Clause (b) in sub-regulation (1) in case of reduction of

the connected load or contract demand, by a consumer-].

(i) the licensee shall maintain adequate spare capacity in the service line for a period of 365 days reckoned from the date of such reduction, so as to meet the load if the said consumer subsequently applies for restoration of his connected load or contract demand so reduced, during the said period of 365 days;

(ii) the infrastructural development charges leviable under sub- clause

(i) of clause (b) of sub-regulation (1) shall be charged only for the additional quantum of connected load or contract demand, exceeding the total quantum which was being availed by him prior to such reduction, if the said consumer subsequently applies for restoration of his connected load or contract demand so reduced, during the said period of 365 days;

(3) Where a consumer having temporary connection for electricity seeks a permanent connection, the matter shall be dealt with in accordance with respective provisions for disconnection of temporary connection under regulation 8 and for providing a new connection under relevant provisions of these Regulations.

8. Temporary Supplies.- Notwithstanding anything to the contrary contained in these Regulations, but subject to the prior payment of initial security deposit in the case of temporary supplies and the estimated cost of the works required to be executed for giving such supply, the requisite works shall be executed by the licensee subject to adjustments based on actual cost including the cost of material, labour and departmental charges : Provided that in case an applicant/consumer for temporary supply of power seeks revision of sanctioned connected load/contract demand, he shall be required to pay estimated cost of additional works and/or of strengthening of existing works, if any, which shall also be subject to adjustments based on actual cost, and the difference in security

32 Existing heading substituted by Himachal Pradesh Electricity Regulatory Commission (Recovery of

Expenditure for Supply of Electricity) (Fourth Amendment)Regulations, 2017(w.e.f. 06.02.2017)


amount on account of such revision of connected load/demand shall also be payable/refundable as the case may be in accordance with other Regulations: Provided further that in case the works so executed are dismantled after discontinuance of supply, the cost of the material removed shall, after taking into consideration its condition, be reduced from the costs recovered from the applicant under this regulation and the balance amount, if any, after adjusting any other dues against the applicant/consumer shall be refunded to him: Provided further that if the works or a part thereof are not dismantled and the distribution licensee uses the same for some other purposes, the applicant shall bear only 30% of the actual cost of such works as are not dismantled and the accounts shall be settled accordingly: Provided further that where the licensee refunds the amount so worked out, after making adjustment of the outstanding amount due to him by the applicant/consumer, within a period of thirty days, no interest shall be paid to the applicant/consumer. 9. Withdrawal of application before release of connection.- In case of withdrawal, or deemed withdrawal, of an application by the applicant for supply of power before actual release of connection, the expenses actually incurred for the works for providing supply under regulations 4, 5, 6 and 7 for permanent supply and under regulation 8 for temporary supply, shall be adjusted as per the provisions of the Supply Code: Provided that for the purpose of such adjustment, actual expenditure for the works under regulations 4, 5, 6 and 7 for permanent supply and under regulation 8 for temporary supply shall be computed as under :-

(i) the actual expenditure (including departmental charges) incurred on the service lines and other works under regulation 4 shall be considered in addition to the expenses determined as per the succeeding clauses of this proviso;

(ii) in cases involving works under sub-regulation (3) of regulation 5, the actual expenditure (including departmental charges) of such works or 10% of the infrastructural development charges at the normative rates under sub-regulation(2) of regulation 5, whichever of the two is higher, shall be considered in addition to the expenditure mentioned in the preceding clause (i) of this proviso;

(iii) in cases where the works under sub-regulation (3) of regulation 5 are not involved, an amount equal to 10% of the amount of infrastructural development charges worked out at the rates fixed by the Commission pursuant to sub-regulation (2) of regulation 5 shall also be considered as the actual expenses in addition to the expenditure mentioned in clause (i) of this proviso;

(iv) in cases involving exclusive work(s) for faciliting supply of power as per the fifth proviso to sub-regulation (2) of the regulation 5, the actual expenditure on such exclusive works shall also be considered in addition to preceding clauses (i), (ii) and (iii) of this proviso;

(v) in cases of applications for additional connected loads or contract demands under regulation 7 of these Regulations, the computations and adjustments shall be done separately for the respective works falling under regulation 4


and regulation 5 or regulation 6, based on the demand notice issued pursuant to the provisions of regulation 7; and

(vi) in case of temporary supplies, including for additional connected loads/contract demands for temporary supplies, under regulation 8, the actual expenditure on the works required to be executed for giving such supply or additional connected loads/contract demands shall be considered.

10. Restoration of Supply after Permanent Disconnection.- In case the supply to a premises having permanent connection of electricity has been permanently disconnected in accordance with the provisions of the Supply Code and the original consumer or some other person applies for a connection at such premises, the distribution licensee shall provide supply within the time allowed for a new connection after recovery of expenses applicable for new connections under these Regulations : Provided that if the service line to such premises has not been removed or used for release of other connections and is in a good condition and also has sufficient spare capacity, after meeting the requirements of all the connections released or committed to be released through the same service line and redundancy of about 30% of the total capacity of such line, to cater to the connected load or contract demand applied for by such applicant, the cost of service line under regulation 4 shall not be recovered and the connection shall be released at the earliest subject to other conditions applicable for release of new connections: Provided further that in case of such applicants, the amounts worked out under regulation 5 and other Regulations of the Commission shall be recoverable in the same manner as applicable for new connections:

33{Provided further that if –

(i) the application for such new connection is for a similar connected

load or contract demand and supply voltage, as had been sanctioned

for the original connection;

(ii) the application from the new applicant is received simultaneously or

within 365 days from the date on which the original connection was

permanently disconnected;

(iii) the provisions of sub-regulation (3) of regulation 5 are not attracted;

(iv) the applicant clears all outstanding dues, if any, against such previous

connection, also including these relating to the infrastructure

development charges, for such original connection which has been

permanently disconnected; and

34[ (v) the applicant has not permanently surrendered his contract

demand/connected load as per the provisions of sub-clause (ii) of

clause (b) of sub-regulation (1) of regulation (7);]

33 Existing third and fourth proviso substituted by Himachal Pradesh Electricity Regulatory Commission

(Recovery of Expenditure for Supply of Electricity) (Second Amendment) Regulations, 2015( w.e.f.

22.09.2015) 34 Inserted by Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of

Electricity) (Third Amendment) Regulations, 2015(w.e.f.06.02.2017)


the amount of infrastructural development charges and other costs payable by the

applicant for the connected load or contract demand applied for, as per the

provisions of regulation 5 shall be reduced by 100% of the amount of the

infrastructural development charges worked out at the normative rates, as applicable

at the time of receipt of application for new connection, under sub-regulation (2) of

regulation 5 for the connected load/contract demand originally sanctioned or for the

same applied for by the new applicant, whichever of the two is lower:

Provided further that if-

(i) the application from the new applicant is received after a period of

365 days from the date on which original connection is permanently

disconnected; and

(ii) all other conditions, other than condition (ii) as per the third proviso

to this regulation are fulfilled:

the percentage rate of such rebate as per the third proviso of this regulation shall be

reduced by 5% for every period of 90 days or part thereof after the expiry of initial

period of 365 days:

Explanation.-If the application for the new connection is received by the licensee on

or after 366th day but upto and inclusive of 455th day from the date of permanent

disconnection, the rebate under the fourth proviso to this regulation shall be allowed

@ 95% of infrastructural development charges worked out at the normative rate, as

applicable at the time of receipt of application for new connection, as per sub-

regulation (2) of regulation 5 for the connected load/contract demand originally

sanctioned or for the same applied for by the new applicant, which ever of the two is

lower, and so on for every subsequent block of 90 days till such time, the rate of

rebate becomes zero.}

Provided further that the rebate admissible as per the third and fourth provisos to this regulation shall be applicable only on the amount of infrastructural development charges worked out at normative rates under sub-regulation (2) of regulation 5 and not on any other charges/costs as may be recoverable in accordance with the second proviso to this regulation.

11. Maintenance of works.- (1) Notwithstanding anything contained in any other law for the time being in force, all the works erected for providing supply in pursuance of requisition by the applicant, or any portion thereof, which may have been paid for by the applicant making requisition, shall be maintained by the licensee and the licensee shall also have the right to supply electricity to any other prospective applicants or the consumers, through the said works and the said works shall become the property of the licensee. (2) The interface point of commencement of supply, as determined under the provisions

of the Supply Code and the relevant agreements, shall constitute the liability between the licensee and the consumer/ applicant.

12. Departmental Charges.- The expenses recoverable by the licensee under these regulations shall also include the licensee’s departmental charges at the rate of 11% of the cost of works. Explanation.- For the purposes of these regulations, the expression “departmental

charges” shall include establishment charges, tools and plant charges, audit


and accounts charges, maintenance during construction, loss on stock, design charges and head office prorata expenses.

13. Standard cost data.- (1) The distribution licensee shall, after inviting public objections, submit, on an annual basis, to the Commission for its scrutiny, by 30th September of each year, a cost data book (including departmental charges) duly approved by its Board of Directors/competent authority, which it proposes to adopt for the subsequent financial year, and publish the standard cost data book by 15th November of each year, after attending to the observation or directions, if any, of the Commission, and the same shall form the basis for approving the average or normative rates as per these regulations and also for making the initial estimates for erection of electric lines and/or electrical plants and/or any other works to be executed in order to provide supply to the applicants in cases where the cost is to be recovered on actual basis: Provided that the licensee shall submit the cost data for the period ending 31st March 2013 within thirty days from the date on which these regulations come into force. (2) The distribution licensee shall upload the standard cost data, published under sub regulation (1), on its website and also make available the copies of the same to any interested person on demand at a reasonable charge. 14. Schedule of Service Connection Charges.- (1) The distribution licensee shall, within sixty days from the date of commencement of these regulations or within sixty days from the grant of license, whichever is later, file, with the Commission for approval, a schedule of service connection charges to be levied for the matters contained in these regulations and such other related miscellaneous activities, not covered elsewhere, as are required to be undertaken by the distribution licensee to fulfill its obligations to supply electricity to the consumers under the Act:

Provided that the distribution licensee shall also file the schedule of service

connection charges alongwith every application for determination of tariff under section 64 of the Act together with such particulars as the Commission may require:

Provided further that while preparing the schedule of service connection charges,

the standard cost data as per the sub regulation (2) of Regulation 13, shall be taken into account.

(2) The Commission shall, after examining the schedule of service connection charges filed before it by a distribution licensee under sub- regulation (1), may-

(i) issue an order granting its approval thereon, with such modifications or such conditions as may be prescribed in that order; or

(ii) reject the schedule of service connection charges filed before it for reasons to be recorded in writing if it is not in accordance with the provisions of the Act and/or these Regulations:

Provided that the Commission shall reasonably consider the views of all interested

parties before approving, modifying or rejecting the schedule of service connection charges of a distribution licensee under this sub- regulation:

Provided further that the schedule of service connection charges approved by the

Commission shall, unless otherwise amended or revoked, continue to be in force for such period as may be prescribed in the order of the Commission granting such approval and also for such extended period as may be approved by the Commission.


(3) Any deviation from the approved schedule of service connection charges shall be only with the prior approval of the Commission. 15. Provisional Schedule of the Service Connection Charges.- (1) Notwithstanding anything to the contrary contained in these Regulations, the Commission may notify provisional schedule of service connection charges to be levied for any of the activity/activities required to be undertaken by the distribution licensee to fulfill its obligations to supply electricity under the Act and the Regulations framed thereunder.

(2) Each provisional schedule of service connection charges notified under sub-regulation (1) shall be for a period of one hundred and eighty days and shall, unless extended by the Commission, cease to be valid and effective on the expiry of period of one hundred and eighty days or the date on which the order approving the schedule of service connection charges is issued under regulation 14, whichever is earlier.

(3) The amount charged under the provisional schedule of service connection charges notified under sub-regulation(1) shall be adjusted against the amount chargeable under the schedule of service connection charges approved by the Commission under regulation 14:

Provided that where the provisional amount charged exceeds the amount chargeable under the schedule of service connection charges approved under regulation 14, the licensee shall pay simple interest @6% per annum on the excess amount so charged for the actual number of days falling between the date of the receipt of such excess amount and the date of adjustment of such amount:

Provided further that such excess amount, alongwith simple interest @ 6%

per annum, shall be adjusted within ninety days from the date of Commission’s order approving the schedule of service connection charges under regulation 14, failing which the defaulting licensee shall, in addition to the excess amount and simple interest @ 6% per annum upto the permitted period of ninety days , also be liable to pay simple interest @ 12% per annum on the excess amount, for the period till the date of such adjustments beyond the permitted period of ninety days:

Provided further that where the amount charged on provisional basis is less

than the amount chargeable under the schedule of service connection charges approved by the Commission under regulation 14, the beneficiaries shall pay, within 30 days of its billing by the licensee, the same alongwith simple interest @6% per annum on the deficit amount for the actual number of days falling between the date on which the provisional payment was made and the date of payment of such deficit amount:

Provided further that in case the deficit amount, alongwith simple interest

@6% per annum, is not paid by the concerned beneficiary within thirty days from the date of its billing by the licensee, the defaulting beneficiary shall, in addition to the deficit amount and the simple interest @ 6% per annum upto the date on which the permitted period of 30 days expires, be also liable to pay simple interest @ 12% per annum on the deficit amount, for the period till the date of such payment(s) beyond the permitted period of 30 days and the same shall further be without prejudice to this licensee’s right to disconnect supply to the consumer after giving a notice of atleast 30 days.

16. Accounting of the amounts recovered.- The amounts recovered by the distribution licensee under various provisions of these Regulations on various accounts for supply at different voltage levels shall be accounted for separately as capital receipts under separate accounting heads and sub-heads for permanent and temporary connections and also each type of charges as well as for each category of voltage level and


shall, subject to the provisions of sub-regulations (5), (6), (7) and (8) of regulation 5, be used exclusively for meeting a part of the capital expenditure under the capital expenditure plan:

Provided that such capital receipts shall, as far as possible, be utilized in an equitable proportion of the estimated cost of various works of the respective categories and respective voltage levels:

Provided further that the capital receipts in respect of the works required

exclusively for an applicant or group of applicants shall be used for such exclusive works only.

17. Execution of works.- The service lines and other works required for supplying power to the applicant(s) shall normally be executed by the distribution licensee:

Provided that the applicant or the consumer, as the case may be, may, with the prior approval of the distribution licensee which shall ordinarily not be refused, execute the service line through an electrical contractor licensed by the Electrical Inspector, and in such cases, the following provisions shall apply-

(i) all the requisite clearances under various laws shall be obtained by the applicant;

(ii) the applicant shall be liable to pay the departmental charges @ 6.25% of the estimated cost for the specific works or of the corresponding amount worked out by accounting for the average/normative rates, if approved by the Commission under regulation 4, whichever is higher;

(iii) such option shall be available to the applicant only for the service line to be executed exclusively for the applicant; and

(iv) works other than service line shall be executed by the distribution licensee unless mutually agreed otherwise by the distribution licensee with the applicant, on mutually agreed terms and conditions.

Note : The provisions under the first proviso to this regulation shall also apply for execution of service lines to be executed exclusively for a group of applicants or consumers, as the case may be, if all the members of such group enter into an agreement amongst themselves and nominate their representative who shall then deal with the distribution licensee for such matters.

18. Differential Costs.- (1) The distribution licensee shall recover the expenses and/or charges for giving electricity connections to the applicants as per the provisions of these Regulations and any other additional expenses, as are not recoverable from the applicants under any Regulations or Law, shall be met out of the approved financial provisions of the capital expenditure plan.

(2) In cases where the cost of certain works is to be recovered from the applicant or group of applicants initially on the basis of estimate and such recovery is subject to adjustment as per actual as per the provisions of these regulations, the following provisions shall apply:-

(a) the estimate shall be prepared on the basis of the standard cost data as per sub regulation (2) of Regulation 13; and

(b) the licensee shall, within ninety days of commissioning of the works, render to the applicant/consumer, the account of expenditure showing the excess or deficit in relation to the initial estimated amount giving details of item wise estimation and actual expenditure alongwith the item wise figures of


variance to the extent possible and if applicant requires any additional information, the distribution licensee shall furnish the same within ten days of receipt of such requisition.

(3) The distribution licensee shall recover or refund, as the case may be, the difference between the actual expenditure and the estimated cost within 60 days from the submission of account and the unrefunded or unrecovered amounts, as the case may be, shall attract simple interest @ 12% per annum for the period beyond the said limit of 60 days. 19. Way-leaves, Consents and Acquisitions.- (1) Subject to the provisions of the rules framed by the State Government under sub-section (2) of section 67 and clause (b) of sub-section (2) of section 180, of the Act, the licensee shall try to obtain any way leaves, consents and acquisitions required for placing of any wires, poles, wall brackets, stays apparatus and appliances for the carrying electricity, or for the transmission of telegraphic or telephonic communications necessary for proper coordination of the works of the licensee while giving connection to the applicant:

Provided that in cases where the cost of works is to be recovered from the applicant on actual basis, the cost of obtaining the permissions shall also be recovered on actual basis and in cases where the recovery is to be made at normative rates, the cost of obtaining such permissions shall be borne by the licensee:

Provided further that where wires are to pass over other person’s land, premises or building, the wires shall be routed along the boundary lines of the said land, set back of the building, streets and roads, whichever is feasible. (2) The applicant/consumer shall provide required space within his premises for transformer and associated equipments including metering arrangements, if so required by the licensee at any stage. 20. Manner of Payments.- The applicant shall, before the commencement of work of laying service line under regulation 4 and any other works for which the entire cost of the works is required to be paid by him as per the provisions of these regulations, deposit on notice of demand, the entire amount, not limited to the cost of such works only, payable under these Regulations and all other relevant Regulations. 21. Demand Notice. - Demand notice valid for 90 days shall be sent by the registered AD post to the applicant within the time frame laid down in Himachal Pradesh Electricity Regulatory Commission (Licensee’s Duty for supply of Electricity on Request) Regulations, 2004:

Provided that the demand notices to be issued on or after the date of commencement of these regulations shall suitably incorporate the terms and conditions of these regulations, apart from other conditions as per other Regulations and Codes of the Commission:

Provided further that if any of the terms and conditions of these regulations remain unaccounted for in any of the demand notices issued on or within 90 days from the date on which these regulations come into force, the licensee may revise the same, so as to incorporate the terms and conditions as per these Regulations and the Act:

Provided further that the demand notices issued prior to commencement of these Regulations and/or the demands still to be raised against the loads/demands released prior to commencement of these Regulations, shall continue to be governed by the Himachal Pradesh Electricity Regulatory Commission (Recovery of Expenditure for Supply of Electricity) Regulations, 2005 and other relevant Regulations and Codes of the Commission, but not including these Regulations, unless the Commission issues any specific order in this regard:

Provided further that in case of non-compliance of the demand notice within the period mentioned in such notice or within such period as may be mutually agreed


between the licensee and the applicant, the application, against which the demand notice had been issued, shall be treated as withdrawn and the matter shall be further dealt with in accordance with relevant governing Regulations and Codes of the Commission. 22. Power to remove difficulties.- If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, suo motu or on an application, by general or special order, take suitable action or direct the distribution licensee to take such suitable action not being inconsistent with the Act which, in the opinion of the Commission, is necessary or expedient for removing such difficulties. 23. Issue of orders and practice directions.- Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of these regulations and the procedures to be followed on various matters for which the Commission has been empowered by these Regulations or the Act to lay down and also for the matters incidental or ancillary thereto. 24. Inherent power of the Commission.-(1) Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent powers of the Commission to make such orders as may be necessary for meeting the ends of justice or to prevent the abuse of the process of the Commission. (2) Nothing in these Regulations shall bar the Commission from adopting a procedure, which is at variance with any of the provisions of these regulations, 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. (3) Nothing in these Regulations shall, expressly or impliedly, debar the Commission to deal with any matter or exercise any power under the Act for which no regulations have been framed and the Commission may deal with such matters, powers and functions in a manner it thinks fit. 25. Repeal and Savings.- (1) Save as otherwise provided in these Regulations, the Himachal Pradesh Electricity Regulatory commission (Recovery of Expenditure for supply of Electricity) Regulations, 2005 are hereby repealed. (2) Notwithstanding such repeal-

(a) anything done or any action taken or purported to have been done or taken including any appointment made or any document or instrument or any direction given under the repealed regulations, shall be deemed to have been done, taken, made or given or purported to have been done, taken made or given under the corresponding provisions of these Regulations; and

(b) all orders made and documents executed before the commencement of these Regulations, shall continue to apply for the period for which such order has been made or the document has been executed.

By Order of the Commission Secretary


HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA

NOTIFICATION

Shimla the 8th October, 2010 No. HPERC/ 401

In exercise of the powers conferred by sub-section (1) of section 181 and Clauses (za) and (zb) of sub-section (2) of section 181, read with sections 57, 58, 59 and clause (i) of sub-section (1) of section 86, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, and after previous publication, the Himachal Pradesh Electricity Regulatory Commission hereby makes the following regulations:-

REGULATIONS

CHAPTER –I - PRELIMINARY 1. Short title, extent and commencement- (1) These regulations shall be called the Himachal Pradesh Electricity Regulatory Commission (Distribution Performance Standards) Regulations, 2010.

(2) These regulations shall be applicable to all licensees engaged in the distribution of electricity in the State of Himachal Pradesh and all the distribution system users including electricity consumers.

(3) These regulations shall come into force from the date of their publication in the Rajpatra, Himachal Pradesh. 2. Definitions .- In these regulations, unless the context otherwise requires,-

(1) "Act" means the Electricity Act, 2003 (36 of 2003); (2) “area of supply” means the area within which a distribution licensee is

authorised by his licence to supply electricity; (3) “call centre” means the office set up with adequate technology and systems

to register complaints round the clock; (4) “Commission” means the Himachal Pradesh Electricity Regulatory Commission; (5) “complaint centre” means the front end office set up with adequate technology

and systems to register complaints; (6) “consumer” means any person who is supplied with electricity for his own use

by a licensee or by the Government or by any other person engaged in the business of supplying electricity to the public under the Act or any other law for the time being in force and includes bulk supply consumer, any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be and shall also include-

(a) the distribution system users; (b) the consumer whose installation has been temporarily

disconnected; (c) prospective consumer i.e. any person who has applied for an

electricity connection and whose supply has not commenced; and

(d) in case of death of a consumer, his legal heirs or representatives;

(7) “control centre” means a centre established at the Headquarters of the licensee for compilation, evaluating, ranking and analyzing the performance of ‘responsibility centres’;

(8) “distribution system” means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers


and shall also include electric line, sub-station and electrical plant that are primarily maintained for the purpose of distributing electricity in the area of supply of such licensee notwithstanding that such line, sub-station or electrical plant are high pressure cables or overhead lines or associated with such high pressure cables or overhead lines; or used incidentally for the purposes of transmitting electricity for others;

(9) “ Electricity Supply Code” means the Himachal Pradesh Electricity Supply Code specified by the Commission under section 50 of the Act;

(10) “Fuse Off” means fuse blown off because of overloading or ageing; (11) “licensee”, means a distribution licensee authorised to operate and maintain

a distribution system for supplying electricity to the consumers in the area of supply and includes a person deemed to be a distribution licensee under section 14 of the Act;

(12) “remote areas” means areas which are remote, difficult and hard areas as declared by the State Government from time to time and it also includes tribal areas which by order are declared to be Scheduled Areas under Part –C of the Fifth Schedule to the Constitution of India;

(13) “rural areas ” means the areas which are not the urban areas and the remote areas;

(14) “responsibility centre” means a Operation Circle Unit of the licensee headed by an officer not below the rank of the Superintending Engineer;

(15) “Schedule” means the Schedule to these regulations; (16) “urban areas” means the areas which are declared as the larger urban

areas, the smaller urban areas or the transitional urban areas under the Act concerning the municipalities, but excluding remote areas, and includes areas falling under the Cantonment Authorities;

(17) ‘user’ means any person having electrical interface with, or using the distribution system of the licensee to whom the Himachal Pradesh Electricity Distribution Code is applicable, and includes any other distribution licensee, transmission licensee, and generating units connected to the distribution system and the persons availing open access in transmission or distribution system;

(18) “working hours” means the working hours between 9 a.m. to 5 p.m.; and (19) other words and expressions used in these regulations, not defined herein,

but defined in the Act shall have the same meaning as are assigned to them in the said Act. Expressions used herein but not specifically defined in these regulations or in the Act but defined under any law passed by a competent legislature and applicable to the electricity industry in the State shall have the meaning assigned to them in such law.

3. Objectives. - These standards lay down the guidelines to maintain certain critical distribution system parameters within the permissible limits. These standards shall serve as guidelines for licensees to operate their distribution system for providing an efficient, reliable, co-ordinated and economical system of electricity distribution. The objectives of these performance standards are:-

(a) to ensure that the distribution system performance meets a minimum standard which is essential for the consumers’ installation to function properly;

(b) to enable the consumers to design their systems and equipments to suit the electrical environment that they operate in;

(c) to enhance the quality of the distribution system and services to meet acceptable standards in the short term and gradually moving towards improved standards in the long term;


(d) to lay down standards of performance; and (e) to measure consumer centric initiatives undertaken by the licensee

in providing services. 4. Standards of performance.- (1) The standards specified in the column (3) in the Schedule shall be the guaranteed standards of performance, being the minimum standards of service, which a licensee shall achieve, and the standards specified in the column (6) in the Schedule shall be the overall standards of performance, which the licensee shall seek to achieve, in the discharge of its obligations as a licensee.

(2) Notwithstanding any thing to the contrary contained in sub-regulation (1), the reliability indices, as specified under sub-items (a), (b) (c) and (d) of item (4) of the Schedule []35of the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensee’s Standards of Performance) Regulations, 2005 shall continue to be in force till [31st March,2012]36.

(3) Where the Commission considers it expedient, so to do, it may, by order in writing, call upon the licensee to furnish in writing such information as may be necessary for the enforcement of the reliability indices as specified in these regulations.

(4) The licensee shall, frequently, but at an interval of not less than six months, educate the consumers of their rights regarding the standards of performance as specified by the Commission under sub-section (1) of section 57 of the Act, by giving wide publicity amongst its field staff and public in general including local rural and urban bodies through electronic and print media.

CHAPTER – II - COMPENSATION MECHANISM

5. Compensation.- (1)The minimum compensation to be paid by the licensee to the affected person is specified in the Schedule : Provided that the actual compensation may, after giving to the licensee and claimant a reasonable opportunity of being heard, be determined by the Commission. or the person who has been delegated the powers of the Commission under section 97 of the Act, for violation of the standards and loss/damage suffered consequent to the failure of the licensee to meet the guaranteed standards of performance:

(2) Where the distribution licensee finds that it has failed to meet the standards of performance specified under these regulations, the licensee shall be liable to pay to the affected person, such compensation as provided in the Schedule :

Provided that any person who is affected by the failure of the licensee to meet the standards of performance specified under these regulations and who seeks to claim compensation shall file his claim, on the format as per Annexure A to these regulations, with the authorised officer of the licensee within a maximum period of 45 days from the time such a person is affected by such failure of the licensee to meet the standards of performance:

Provided further that the licensee shall compensate the affected person(s) within a maximum period of ninety (90) days from the date of his claim.

35 The Sign “-I” omitted by Himachal Pradesh Electricity Regulatory Commission (Distribution Performance

Standards)(First Amendment), Regulations, 2011 36 Substituted by Himachal Pradesh Electricity Regulatory Commission (Distribution Performance

Standards)(First Amendment), Regulations, 2011


(3) In case the licensee fails to pay the compensation or if the affected person is aggrieved by non-redressal of his grievances, he may make a representation for the redressal of his grievance to the concerned Consumer Grievance Redressal Forum, in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers) Regulations, 2003 and if the consumer is not satisfied with the redressal of his grievances by the Forum, the consumer may make a representation to the Ombudsman, in accordance with the provisions of the Himachal Pradesh Electricity Regulatory Commission (Electricity Ombudsman) Regulations, 2004:

Provided that in case the claim for compensation is upheld by the Consumer Grievances Redressal Forum, the compensation determined by the Commission in the Schedule will be implemented by the Forum or in case of appeal filed against the order of the Forum before him by the Ombudsman and is to be paid by the concerned distribution licensee:

Provided further that such compensation shall be based on the classification of such failure as determined by the Commission under the provisions of section 57 of the Act and the payment of such compensation shall be paid through cheque or adjusted in the consumer’s future bills (issued subsequent to the award of compensation) within ninety (90) days of a direction issued by the Forum or by the Ombudsman, as the case may be.

(4) The license shall duly reflect the payment/adjustment of compensation paid out in

the quarterly and the consolidated annual report to be submitted by him under regulation10.

(5) The licensee shall maintain a record of compensation payable under these regulations showing the name, consumer number and address of the affected person, amount of compensation payable and actually paid, mode of adjustment of compensation, reason(s) for non-compliance of the guaranteed standards of performance in each case. The record giving details of compensation paid on account of contravention of the guaranteed standard of performance by the licensee in compliance of any lawful order made by any court or tribunal, other than the Commission or the person authorised by it under section 97 of the Act, constituted under any law for the time being in force, shall also to be maintained.

CHAPTER – III - COMPLAINT HANDLING MECHANISM

6. Establishment of Complaint and Call Centres.-(1) The licensee shall set up complaint centres at the sub-division offices or distribution units, designated by whatever name, where the consumer can lodge complaints.

(2) In addition to the complaint centres set up under sub-regulation (1), the licensee shall also establish centralised call centre for registration of consumer complaints of its consumers and such call centre shall be accessible to its consumers round the clock during all days of the week.

(3) Every licensee shall employ or engage sufficient number of officers or employees at its complaint/call centre and earmark or allot or establish a basic telephone or cellular mobile telephone number having sufficient lines or connections to be called as the “toll free number” or “consumer care number” or “help line number”, as the case may be, at its call centre. No call charges or short message service charges shall be levied upon, or be payable by its consumers for calls made or, short message service sent to the “toll free number” or “consumer care number” or “help line number”, as the case may be.


(4) Every licensee shall, immediately upon setting up a complaint centre under sub-regulation (1) or the establishment of its call centre under sub-regulation (2), inform consumers through a public notice in newspapers in circulation in the area of supply and should also ensure proper circulation of information to the consumers in case of any changes in the contact numbers takes place and shall also display information at the sub-division offices or distribution units, designated by whatever name.

(5) The licensee should ensure availability of electronic data base to record complaints as per the procedure mentioned in the regulation 8 for the call centre.

7. Manual of Practice for Handling Consumer Complaints.-(1) Every licensee shall, with prior approval of the Commission, prepare and publish “Manual of Practice for Handling Consumer Complaints” containing following information within three months from the date of commencement of these regulations:-

(a) channels of complaint registration – details of personnel, offices, call centre(s);

(b) process of handling complaints; (c) duties and obligations of the licensee - guaranteed standards of performance and minimum compensation details; (d) any other information which may be affecting the consumers.

(2) The Manual shall be prepared in English and Hindi languages. (3) The Manual shall be available for reference of consumers at every office of the

licensee and downloadable from its website. (4) A copy of the Manual certified by the licensee as “true copy” thereof shall be filed

with the Commission within three months from the date of commencement of these regulations. 8. Procedure of Handling Complaints.-(1) The licensee shall devise its own process at its call centre(s)/complaint centre(s) or any other consumer interface channel to handle complaints from the consumers and the said process shall include provisions for -

(a) registration of such complaint by allotting a unique identification number to be called the complaint number; (b) communication, at the time of lodging the complaint, complaint number, date/ time of registration of the complaint;

(c ) recording the details in respect of such complaint; (d) intimation of contact details of the next higher authority (including his name, telephone number and address) to the consumer in case the consumer is not satisfied with the redressal of his complaint or when requested by him; and (e) maintenance of records to every complaint in order to give fair treatment to all consumers and to avoid any dispute regarding violation of standards as specified in the Schedule

9. Implementation arrangements.-(1) Each Operation Circle Unit of the licensee shall be treated as a responsibility centre for overall performance of standards specified under these regulations. The officer heading the responsibility centre shall have total accountability and associated responsibility and authority for managing the actions and performance of the responsibility centre. (2) The operational head of the licensee shall have overall responsibility for implementation of standards of performance and he shall, to bring in the sense of ownership and competition, set the performance parameters as well as benchmarks for improvement for each responsibility centre. The operational head of the licensee shall establish one control centre at the head office under an officer not below the rank of the Superintending Engineer for compilation, evaluation, ranking and analyzing the performance of responsibility centres.


(3) Immediately after the commencement of these regulations, and under intimation to the Commission, but not later than 30 days, the control centre shall develop uniform formats for data collection, compilation and evaluation of performance of the responsibility centres. The control centre shall prepare and circulate the procedures for compilation and computation of various standards and performance indicators (reliability indices and efficiency parameters) along with uniform definitions and explanations of terms used for unambiguous interpretation by all the responsibility centeres. (4) The control centre shall monitor, evaluate, rank the circles and advise the responsibility centres for corrective measures. A quarterly report on progressive monthly improvements made by the responsibility centre shall be prepared by the control centre. Explanation.- For the purpose of this regulation the expression “Operational head” shall mean and include the officer heading the distribution Wing of the licensee.

CHAPTER- IV - SUBMISSION OF REPORTS

10. Information on standards of performance.- (1) The licensee shall furnish in a report, submitted quarterly to the Commission and the Ombudsman and a consolidated annual report for each financial year to the Commission, the following information (separately for guaranteed and overall standards of performance) as to the standards of performance:-

(a) the levels of performance achieved by the licensee with reference to those specified in the Schedule;

(b) the number of cases in which compensation was awarded and the aggregate amount of the compensation paid by the licensee as determined by the Commission or the person authorised by the Commission under section 97 of the Act or awarded by any other court or tribunal, constituted under any law for the time being in force, along with the reasons for non-compliance of the guaranteed standards of performance;

(c) the number of claims preferred by the consumers against the licensee for failure to meet the guaranteed standards of performance and the action taken by the licensee including the reasons as to the delay in payment or non-payment of compensation for such claims.

(2) The Commission shall, at least once in every year, arrange for the publication, in such form and manner as it considers appropriate, of such information furnished by the licensees under these regulations. (3) In the consolidated annual report, the licensee shall report on the measures taken by the licensee to improve performance areas, assessment of the targets to be imposed for the ensuing year, indicating performance of each circle and ranking of circles with respect to each performance indicator mentioned under sub-regulation (3) of regulation 9 and in the Schedule. (4) The Ombudsman shall prepare a report on half yearly basis reflecting the opinion of the Ombudsman on the licensee’s compliance of the standards of performance during the preceding six months. (5) The report under sub-regulation (4) shall be forwarded to the Commission and the State Government within 45 days after the end of the relevant period of six months.

11. Compliance Auditing - (1) In order to ensure proper and due enforcement of the standards of performance, the Commission shall monitor the compliance thereof and may, on being satisfied that the licensee has failed to maintain and discharge its obligations in relation to the standards of performance under these regulations or has failed to furnish information in time or has furnished inadequate or incorrect information under sub-regulation (1) of regulation 10, by order in writing, direct its Secretary or officers, not below the rank of a Gazetted Officer, or the consultant or any other person specified in the


order or an independent agency hired for the purpose of auditing as per the provisions of regulation 12, to investigate and report to the Commission.

(2) If the report under sub-regulation (1), or information obtained under regulation 10 or any part thereof, is proposed to be relied upon by the Commission in forming its opinion and satisfaction, the licensee shall be given a reasonable opportunity for filing objections and making submissions on the report or the information as the case may be.

(3) The Commission may direct that the expenditure incurred in conducting the

investigations mentioned in sub-regulation (1) shall be borne by the licensee. (4) The report under this regulation shall address the following specific matters:-

(a) adherence to procedures and formats as per regulations;

(b) assessing staff engaged in call centres/complaint handling centres/ customer care centres for their understanding of complaint handling procedures, quality parameters, and training adequacy for their task; (c) method of data collection and management procedures; and

(d) review of relevant records (as per appropriate sampling procedures) for reliability and accuracy across quality parameters.

(5) The following procedure shall be adopted for engaging agency(ies):-

(a) audit scope and the methodology for carrying out the audit to be set by the Commission;

(b) the Commission will identify and publish panel of approved agency(ies); (c) the licensee shall nominate an agency from the notified panel of

agencies; (d) the licensee shall not engage an agency consecutively for more than two

years or an agency which is currently their statutory auditor or internal auditor;

(e) the audit shall be conducted under an agreement between the nominated agency and the licensee; and

(f) remuneration of the audit agency will be paid by the licensee.

12. Auditing Methodology .- (1) The information obtained, under sub-regulation (1) of regulation 11, vis-à-vis information supplied by the licensee under regulation 10, shall be graded in two parts - reliability and accuracy of the data as under:-

I Reliability Grade Assessment of reliability Grade

A Based on proper records with adequate procedures

B Data has significant procedural deviations

C Unsatisfactory data


II Accuracy Grade Accuracy Grade Level

Percentage of compensation paid to be recovered through ARR for each parameter circle wise*

1 +/-2% 100%

2 +/-5% 85%

3 +/-10% 70%

* subject to achievement of overall standard of performance for respective parameter

Only if reliability of data is established (at least Grade A), further analysis will be carried out for claims of accuracy of data for each parameter (excluding those where the overall standards of performance has not been achieved) on circle wise basis and subsequently the amount of total compensation so paid out in respect of each parameter on circle basis shall be considered as a pass through in ARR as stipulated above. (2) The provisions contained in sub-regulation (1) shall be effective from 1st April 2011. (3) Where the commission considers it expedient, so to do, it may, by order in writing, call upon the licensee to furnish in writing such information as may be necessary for the enforcement of the provisions of sub-regulation (1) of this regulation. (4) Till 1st April, 2011 when the provisions under sub-regulation(1) become effective, the compensation paid, by the licensee under regulation 5, for the respective parameters computed circlewise, may be allowed to be recovered, partly or fully, in the revenue requirement of licensee, keeping in view the extent to which the licensee is able to achieve the overall standards of performance, as measured through auditing results or investigation carried out under these regulation: Provided that the compensation paid by the licensee, which is attributed to negligence, inefficiency and for not exercising reasonable care and diligence by its employees would not be allowed as pass-through in the ARR of the licensee.

13. Use of Information.- The Commission shall have the right to use the information received under regulation 10, 11 or 12 as it deems fit and for publishing it or placing it on the Commission’s website and/ or directing the licensee to display the information on the licensee’s website and also for initiating action under section 19, section 23 and other enabling provisions of the Act. 14. Exclusions of events.- (1) The guaranteed standards of performance specified in these regulations shall remain suspended during force majeure conditions such as war, mutiny, civil commotion, riot, flood, forest inferno, massive landslides, cyclone, lightning, heavy snowfall, earthquake or other force and strike, lockout, fire affecting the licensee’s installations and activities.

(2) The Commission, or the person to whom powers are delegated by the Commission under section 97 of the Act, may, by a general or special order, and after hearing the licensee and affected consumer or the such representatives of the affected consumer group as the Commission, or the person to whom powers are delegated by the Commission under section 97 of the Act, considers it to be appropriate, release the licensee from the liability to compensate the consumers for any default in the performance of any standard, if the Commission is satisfied that such default is for reasons other than those attributable to the licensee and that the licensee had otherwise duly made efforts to fulfill his obligations.


15. Issue of orders and directions.- (1) Subject to the provisions of the Act and these regulations, the Commission may, from time to time, issue orders and directions in regard to the implementation of these regulations and procedure to be followed on various matters. (2) Where the licensee fails to comply with any order or direction issued under these regulations, he shall be liable for appropriate action against him under sections 142 and 146 read with section 149 of the Act. 16. Power to remove difficulties.- If any difficulty arises in giving effect to any of the provisions of these regulations, the Commission may, either suo motu or on an application made to it, by general or special order, do or undertake or direct the licensee to do or undertake things, which in the opinion of the Commission are necessary or expedient for the purpose of removing the difficulty. 17. Power to amend Schedule. - The Commission, may, at any time, by an order, published in the Official Gazette add, vary, alter, modify or amend any of the provisions of the Schedule to these regulations. 18. Repeal and savings. - (1) Save as otherwise provided in sub-regulation (2) of regulation 4 and in other provisions of these regulations, the Himachal Pradesh Electricity Regulatory Commission (Licensees' Standards of Performance) Regulations, 2005 are hereby repealed.

(2) Anything done or any action taken or purported to have been done or taken, including any order, direction made or notice issued under the repealed regulations, prior to the commencement of these regulations shall, in so far as it is not inconsistent with the provisions of these regulations, be deemed to have been done or taken or issued under the corresponding provisions of these regulations.

(3) As far as the licensee is concerned, notwithstanding anything to the contrary contained in the HPERC (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumer) Regulations, 2003 framed by the Commission under section 181 of the Electricity Act, 2003, these regulations shall have overriding effect.

(4) Nothing in these regulations shall effect the rights and privileges of the consumers under any other law including the Consumer Protection Act, 1986 (68 of 1986).

By the Order of the Commission Secretary

Himachal Pradesh Electricity Regulatory Commission


SCHEDULE (see regulation 2 (15), 4,5 and 17)

Guaranteed Standards of Performance Overall

Standards of performance

Sl. no. Nature of service Maximum Time Limit

for rendering service

Minimum Compensation Leviable Target levels

Compensation payable to individual consumer

if the event affects a

single consumer

Compensation payable to individual consumer if the

event affects more than one

consumer

(1) (2) (3) (4) (5) (6)

(1) Call Centre

(a) First response against a Consumer Call

3 Minutes Rs. 10/ in each case of default

Not applicable Not applicable

(b) Registration of Consumer Call and

issue of Docket Number

5 Minutes Rs. 10/ in each case of

default

Not applicable Not applicable

(2) Consumer Related Services

A Fuse-off /Fault Calls:

(i) In urban areas

6 working hours

Rs. 10/- for each hour

of delay beyond maximum specified

time limit

Rs. 5/- for each hour of delay

beyond maximum specified time limit

99% of Fuse/

Fault complaints received (ii)

In rural areas

12 working hours

(iii) In remote areas 24 working hours

B Overhead Line and Cable /Under –ground Cable breakdowns:

(I)

(i)

Overhead Line and Cable –

Overhead Line / Cable breakdown

in urban areas

(a) Where replacement of

pole is not required: 24 working hrs.

Rs. 10/- for each day of

default beyond the maximum specified

time limit


default beyond maximum specified time limit

95% of line

breakdown complaints

received

(b) Where replacement of pole is required: 36

working hrs

Rs. 10/- for each day of default beyond


Rs. 5/- for each day of default beyond maximum

specified time limit

95% of the line breakdown

complaints received

(ii) Overhead Line / Cable breakdown

in rural areas and remote areas

(a) Where replacement of

pole is not required: 24 working hrs. for rural and


default beyond maximum specified



90% of Line

breakdown complaints


within 48 working hrs. for

remote areas

time limit received

(b) Where replacement of pole is required: 72

working Hrs. for rural and 144 working hrs. for

remote areas.





85% of Line Breakdown

complaints received

(II) (i)

(ii) (iii)

Under-ground Cable break down- in urban areas

in rural areas in remote areas

48 working hrs.

70 working hrs 90 working hrs





90% of the cable breakdown

complaints received

C Replacement of failed Distribution Transformer:

(i)

in urban areas 8 working hrs. Rs. 20/- for each day of default beyond

maximum specified

time limit

Rs.10/- for each day of default beyond maximum


95% of number of transformers

reported failure. (ii) in rural areas 32 working hrs.

(iii) in remote areas 56 working hrs.

D Replacement of damaged service line/wire:

(i) In urban areas-

LT

HT

8 working hrs.

16 working hrs.


default beyond


Rs.5/- for each day of default

beyond maximum specified

time limit

95% of damaged

service line

complaints received (ii) In rural and remote areas -

LT

HT

16 working hrs.

32 working hrs.

E Complaints about meters

testing and checking for correctness of Meters

(i)

In urban area 56 working hrs. from registration of complaint

Rs. 50/- each day of default beyond

maximum specified

time limit

Not applicable 90% of requests/ complaints

(ii)

In rural areas

120 working hrs. from

registration of complaint

(iii) In Remote areas



F Consumers Defective/Stopped/Burnt Meter/Metering Equipment Replacement (*)-

(I) LT Consumers

(a) urban areas

(1) Replacement not attributable to 56 working hrs from the Rs. 100/- for each day Not applicable Min. 90%


consumer’s fault date of registration of

the complaint

of default beyond


(2)



installation, meter getting wet, connecting unauthorized additional

load etc. and the cost of the meter

is recoverable from the consumer and meter is to be supplied by the

licensee –

(i) serving a notice to the

consumer for recovery of cost of the meter

(ii) replacement of meter

(iii) replacement of meter if consumer is providing the meter.

56 working hrs from the

date of registration of complaint.

56 working hrs after

receiving the payment from the consumer

56 working hrs from the receipt of the meter

from the consumer and after the corrective

action, if any, is taken

by the consumer.

Rs. 100/- for each day

of default beyond maximum specified time

limit

Not applicable Min. 90%

(b) rural and remote Areas


consumer’s fault


the date of receiving information /

registration of the complaint.


of default beyond maximum specified time

limit.

Not applicable

Min. 90%

(2) Replacement attributable to


installation, meter getting wet,


of default beyond maximum specified

time limit.

Not applicable

Min. 90%


connecting unauthorized

additional load etc. and the cost of the meter is recoverable from the

consumer and meter is to be

supplied by the licensee.

(i) serving a notice to the consumer for recovery of cost of

the meter

(ii) replacement of meter.

(iii) replacement of meter, if consumer is providing the

meter.

56 working hrs from the date of receiving

information/registration of complaint.

120 working hrs after receiving the payment

from the consumer and after the necessary and

corrective action, if any,

is taken by the consumer.

120 working hrs from the receipt of meter from

the consumer and after the necessary corrective

action, if any, is taken by

the consumer.

(II) H.T. Consumers (for Urban, Rural and Remote Areas)


consumer

7 days after receipt of

complaint, provided meter is available with

the licensee, otherwise within 1 month.


of default beyond specified maximum

time limit


(2)


consumer fault such as tampering, defect in consumer’s installation,

meter getting wet, connecting

unauthorized additional load etc. and the cost of the meter is

recoverable from the consumer



time limit



and meter is to be supplied by the

licensee.

(i) serving a notice to the

consumer for recovery of cost of the meter

(ii) replacement of meter.

(iii) replacement of meter

if consumer is providing the

meter.

7 days from the date of

receipt of complaint/information.

7 days after receiving the payment from the

consumer provided meter

is available with licensee, otherwise within 1 month

7 days from the


Note;-

(1) In case of supply being affected due to burnt meters then replacement has to be to be undertaken within 1 day

(2) Replacement of old electromechanical meters may be done by electronic meters. If the consumer is providing the meter then he must be advised

to provide electronic meter.

(3) If a consumer submits an affidavit of his no fault when it is suspected that the replacement is attributable to consumer’s fault, then pending the checks to search the fact, the meter should be replaced as if the replacement is not attributable to consumer’s fault and such time lines shall be

followed. However, if it is established later that the replacement is attributable to the consumer then no claim what so ever will be entertained

for the lack of service or non-compliance of SOP.

(4) The consumer must be shown the procedure and should be supplied with a copy of the fact finding report whenever the causes of the replacement are established. Any technicality involved should, as far as possible and practicable, be explained in simpler terms as far.

(5) When the replacement is attributable to the consumer for causes like tampering, connecting additional unauthorized load then there is no compensation to be given though time lines for the replacement of the meter are to be followed.


G Shifting of meters/Service lines (for Urban, Rural and Remote Areas)

(i)

Notice of inspection on receipt of application./conveying reasons for

denial of request.

3 days. Rs. 50/- for each day of

default

Not

Applicable

95% of requests

received

(ii) Inspection after sending notice. 7 days.

(iii) Issuance of demand note to the

applicant for payment of estimated cost/charges.

10 days.

(a) shifting of meter/service

connection

7 days after the deposit

of cost.

(b) shifting of LT/HT lines 20 days after the deposit of cost.

(c) shifting of transformer 30 days after the deposit of cost.

H Period of scheduled outages

(Other than Load-shedding)

To be notified by the

licensee at least 24 hrs. in advance and shall

not exceed 12 hrs. a

day.

Rs. 50/- for each

default

Rs. 20/- for each default Min. 99%

I Voltage problems (for Urban, Rural and Remote Areas)

On receipt of a voltage fluctuation complaint, Licensee shall verify if the voltage fluctuation is exceeding the limits specified and upon confirmation

(a) Voltage Fluctuations (provided no expansion/enhancement of the network is involved)

(1) Local problem -

in vicinity of consumer premises

in vicinity but extending through the service line till the first pole

6 working hours

2 days

Rs. 10/- for each hour


time limit

Rs.5/- for each hour of


Min. 95%

(2) Change of transformer tap 2 days

(3) Restoration of distribution lines/

transformer/capacitor

30 days

(b) Low voltage -


(1) Where expansion/enhancement of

the network is not involved

120 days from the


(2) Where expansion/enhancement of

the network is involved

120 days from the


(c) Where

expansion/enhancement of the network is involved

(i) Submission of proposal for

Commission’s approval

one month from the


(ii)

Completion of erection / commissioning of sub-station

Within the time lines specified in the capital

expenditure plan / or

the timelines approved by the Commission

Note:-The compensation for industrial and agricultural consumers, who are expected to install capacitors at their end, shall not be paid the compensation, if

capacitors of adequate capacity are not installed at their premises.

J

Change in contract demand (for Urban, Rural and Remote Areas)

(i) Request for change in Contract

Demand.

30 days after receipt of

application

Rs. 50 for each day of

default


(ii) Refund of excess amount, after making adjustments for the amounts

outstanding from the consumer to the licensee,

Within one month of the effective date of

reduction of contract demand/connected

load;

Rs50 for each day of default.


K Complaints about consumer bills (for Urban, Rural and Remote Areas)

On receipt of the consumer billing

complaint.

twenty four hours if no

additional information is

required.

Within ten days, if additional information is

required


default beyond


Not applicable 99% of

complaints

received


Note-In case the complaint is

genuine and revision of bill already issued becomes necessary, the due

date for payment of bill shall be

reckoned from the date of revised bill for the purpose of disconnection of

supply or for levy of additional charges for belated payment.

L New connections/additional load (for Urban, Rural and Remote Areas)

Time lines for release of new connections/ additional load *

* Submissions of PAC along with A&A

form should not be insisted for new connection/ additional load request

up to 100 kW.

As per the HPERC (Licensee’s Duty for

Supply of Electricity on

request) Regulations, 2004.

LT Rs. 50 / day 11kV Rs. 50 / day

22kV Rs. 50 / day

33kV Rs. 100 / day EHT Rs. 400/day

Not Applicable Min. 95%

M Transfer of Ownership and change of category (for Urban, Rural and Remote Areas)

(1) Transfer of title/ownership Within 10 days after

completion of formalities


default

Not Applicable

Min.99%

(2) Change of Category Within 10 days after

completion of formalities


default

Not Applicable

Min.99%

(3) Conversion between various voltage classes-

(a) Informing feasibility Within 7 days after receipt of application

Rs. 10 for each day of default


(b) Conversion from single phase to

Low Tension 3-phase and vice-versa

Within two months from

the date of payment of charges and submission

of the test report.


default

Not Applicable

Min. 95%

(c) Conversion from Low Tension 3-phase to High Tension 3- phase and

vice-versa

Rs. 50 for each day of default


(i) if extension of line is not required

Within two months from the date of payment of

Charges and submission of test report.


(ii) if extension of line is required With in 90 days from

the date of payment of charges and submission

of test report.

N Disconnection/Re-connection of supply (for Urban, Rural and Remote Areas)

(a)

Consumer requesting permanent

disconnection-

(i) special reading and preparation of

final bill, including all arrears up to the date of such billing

within five days from

receipt of application


default

Not applicable

Min. 98%

(ii) disconnection of supply Within 3 days upon payment of dues.

(iii) refund of the security deposit, if

any, after making adjustments for the amounts outstanding from the

consumer to the licensee

Within one month of

the effective date of termination of the

agreement


default beyond specified maximum

time limit in addition to

simple interest @12% pa as specified under

the security deposits regulation

(b) Consumer requesting temporary disconnection-

special reading and preparation of final bill, including all arrears up to

the date of such billing

Within five days from such request


specified maximum

time limit

Not applicable

Min. 95%

temporary disconnection within 5 days upon payment of dues

(including energy charges, fix charges like

demand charges, meter

rent etc. and reconnection charges

(c) Reconnections-


(i) after temporary disconnection (if the

service line has been removed)

Same as specified for

new connection/additional

load request under item

L of this schedule.

Same as specified for

new connection/ additional load request

under item L of this

schedule.

Not applicable

(ii) after temporary disconnection (if the

service line has not been removed)

Within 24 hours of

receipt of request.

Rs. 100/- per day of

default


(iii) where circumstances leading to the disconnection were attributed to the

licensee.

within 1 day on receipt of request / complaint.

Rs. 300/- per day of default

Not Applicable 100%

(d) reconnection of supply disconnected under sub-section(1A) of section

135 of the Act.

Within 48 hours from the date of deposit or

payment of assessed amount or electricity

charges in accordance with the Act.

- - -

O Power Availability Certificate (for Urban, Rural and Remote Areas)

(provided all the formalities as per

clause 3.2 of the Supply Code are met with and there is capacity

available with the licensee)

Within forty five days of

the receipt of request or such extended period

as approved by the Commission


default


P Temporary supply of Power (for Urban, Rural and Remote Areas)

(a) Examination the technical feasibility of the connection requested for and

if found feasible sanctioning the load

and raising a demand note -

Within 3 days of receipt of the application and

payment of chargers.

Rs. 50/- per day of default

Not Applicable

Min. 95%


(b)

Release of temporary connection – (i) Where no extension of distribution

mains or the commissioning of new

sub-station is involved.

(ii) Where extension of distribution

mains or the commissioning of new sub-station is involved.

Within 7 days from the

receipt of application

and payment of charges.

Within the time lines as

specified in the HPERC (Licensee’s Duty to

Supply of Electricity on

request) Regulation, 2004.

LT Rs. 50 / day

11kV Rs. 50 / day

22kV Rs. 50 / day 33kV Rs. 100 / day

EHT Rs. 400 / day

Not

applicable

Min. 95%

Q Other Standards (for Urban, Rural and Remote Areas)

(a) Making and keeping regular appointments

a) At Sub-Divisional Level -Twice a week b) At Divisional Level - Once a week c) At Circle Level - Once a fortnight d) At Chief Engineer Level

- Once a month Note: 1) Days and time of appointments should be notified by the licensee on uniform basis for all offices throughout the State. 2) Days and time of appointment shall be displayed outside the room of the Officer concerned and also printed on the backside of the bills.

Rs. 20/- per default Rs. 50/- per default Rs. 100/- per default Rs. 200/- per default

Not Applicable

Min. 95%

(b) Making and keeping special appointments Appointments may be had at the above levels at the specific request of any consumer

Rs. 200 per default Not Applicable Min. 98%


3. Efficiency Parameters Parameters Targeted Level of Standard of Performance

(a) Failure of -

(i) 33/11 kV Power Transformers

(ii) 11/0.4 kV Distribution Power Transformers

Not exceeding 0.5% in a year of the number of transformers in service at the beginning of year

Not exceeding 5% in a year of the number of transformers in service at the beginning of year

(b) % of Stopped/Defective Meters Not exceeding 2 % of the meters installed

(c) % T& D Losses Subject to Commission’s directions in ARR/Tariff Order from time to time

(d) % Collection Efficiency Overall Annual Average monthly collection efficiency not less than 99% LT Consumers Overall Annual Average monthly collection efficiency not less than – 95%

HT & EHT consumers Overall Annual Average monthly collection efficiency not less than – 100%

Where monthly collection efficiency = Amount realized divided by the amount assessed during the month.

Bills challenged in any court of law shall not be considered for the purpose of collection efficiency.


(4) Reliability & Quality of Power Supply (I) Reliability of the distribution system operated by the licensee shall be computed

on the basis of number and duration of sustained interruptions in pre-defined period of time e.g. quarterly, annually etc. In a power system, it may take a few minutes or repetitive operation of protective devices, to restore power after transient faults or to reroute power in the network to restore supply to the affected area.

The licensee shall compute and report the value of following sustained interruption indices, prescribed by the Institute of Electrical and Electronics Engineers (IEEE) Standard 1366 of 2003, from [1st April, 2012]37 and till then,

the methodology for calculation of reliability indices shall continue as specified under the Himachal Pradesh Electricity Regulatory Commission (Distribution Licensees' Standards of Performance) Regulations, 2005):

Sustained interruptions, not classified as a part of momentary event, which last more than five minutes duration shall be considered for judging the reliability of the system and momentary interruptions (including all reclosing operation that occur within five minute of the first interruption), not exceeding five minutes duration, from the first interruption shall be ignored in computation.

a. SAIFI SAIFI (System Average Interruption Frequency Index) indicates how often the average customer experiences a sustained interruption over a pre-defined period of time. Mathematically, this is as follows,

SAIFI= Σ Total Number of Consumers Interrupted

Total Number of Consumers served

i.e. SAIFI = Σ Ni

NT

Where, Ni = No. of interrupted consumers for each sustained interruption event during a quarter.

NT = Total no. of consumers served in the area.

b. SAIDI SAIDI (System Average Interruption Duration Index) indicates the total duration of interruption for an average consumer, as consumer minutes or consumer hours, during a pre-defined period. Mathematically, this is as follows,

SAIDI= Σ Customer Interruption Durations Total Number of Customers Served

i.e. SAIDI = Σ ri Ni

NT ri = Restoration time for each interruption event

37 The words & figures “ 1st April, ,2011” substituted with “1st April,2012” by Himachal Pradesh Electricity

Regulatory Commission (Distribution Performance Standards)(First Amendment), Regulations, 2011


Ni = No. of interrupted consumers for each sustained interruption event during the quarter.

NT= Total no. of consumers served in the area.

c. Consumers Average Interruption Frequency Index (CAIFI) Consumers average interruption frequency index gives the average frequency of sustained interruptions for those consumers experiencing sustained interruptions. The consumer is counted once regardless of the number of times interrupted for this calculation.

CAIFI = Σ Ni

CN

Where Ni = Total no. of interrupted consumers for each sustained interruption

event during the quarter. CN = Total number of consumers who have experienced a sustained

interruption during the quarter.

d. Consumers Average Interruption Duration Index (CAIDI) Consumers average interruption duration index is the average time required to restore service. Mathematically, simplified

CAIDI = SAIDI / SAIFI -CAIDI shall be calculated for a sub-station, for a circle and for the Licensee as a whole. The index shall be expressed in interruption minutes per consumer per year. -SAIFI, SAIDI, CAIFI and CAIDI indices shall be calculated for a sub-station, for a circle and for the Licensee as a whole quarterly and the consolidated indices value should form part of the report under sub-regulation 10(1). While the indices, the following types of interruptions shall not be taken into account: (a) Planned outages i.e. interruption due to “State Annual Outage plan”

prepared in advance for the financial year SLDC if not deferred taking into account the statutory requirements ( Clause 5.8.4 (f) of the State Grid Code)

(b) Momentary interruptions of duration less than five minutes (c) Contingency outages in intra-State transmission network as identified

under clause 3.5.1 (a)of the State Grid Code. (d) Outages due to Force Majeure reasons beyond the control of the

Licensee like fire, earthquake, floods, storms, and riots etc. including forced outages i.e. an outage of a generating unit or a transmission facility due to a fault or other reason which has not been planned.

Within six months of these regulations coming into force, the Licensee shall declare Reliability Index (RI) in the form of SAIDI & SAIFI in its area of supply and shall publish it in local newspaper having wide circulation in that area. The Commission shall fix benchmarks for standards of reliability on the basis of data collected for one year and revise the levels to be achieved from time to time for ensuring improvement in the performance of the licensee.


(II) Voltage Variation Limits

Licensee shall ensure that long duration voltage variation at the point of commencement of supply to consumer as defined in Indian Electricity Rules, 1956, shall not vary from the declared voltage as below:

Type of supply and declared voltage

Variation maximum limit % (+)

Variation minimum limit % (-)

230 Volts single phase 50 Hz AC supply

6% of declared voltage


400 Volts three phase 50 Hz AC supply 6% of declared voltage


2200/660011000/15000/22000/330000 Volts three phase 50 Hz AC supply



66000 Volts and above three phase 50 Hz AC supply


12.5% of declared voltage

The complaints with respect to voltage variation limits shall be established through portable voltage recorders or meter reading instruments.

(III) Voltage unbalance The Voltage unbalance shall not exceed the following limits:

Voltage Level

Limit of voltage unbalance

Implementation Stage

33 kV level

3% As specified by CEA Grid Connectivity Regulation, 2004

11 kV/22 level

3.5% As specified by CEA Grid Connectivity Regulation, 2004


Annexure-A (see sub-regulation (2) of regulation 5)

APPLICATION FOR CLAIMING COMPENSATION AMOUNT

BY THE AFFECTED CONSUMER

1 Name of the Consumer

2 Address

3 Nature of complaint in brief

4 Complaint Number

5 Date and time of Registration of complaint

6 Date and time the complaint was attended to by the Licensee

7 Standard time within which the complaint is to be attended to as per Licensees’ Standards of Performance Regulations

8 Actual Time taken to attend to the complaint

9 Compensation claimed as per Licensees’ Standards of Performance Regulations

Date: Signature Place:

ACKNOWLEDGMENT

Claim Number: Date Name of the Consumer Claim for compensation amount received on (Date)

Signature of the official receiving the application

With Name, Seal and Date


HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION SHIMLA

NOTIFICATION No. HPERC-(H)(1)-1/2012 Dated: Shimla, the 23rd Jan., 2013

WHEREAS the Himachal Pradesh Electricity Regulatory Commission had notified

the Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of Consumers) Regulations, 2003 and the Himachal Pradesh Electricity Regulatory Commission (Electricity Ombudsman) Regulations, 2004, in the Rajpatra, Himachal Pradesh (Extra-ordinary) dated 24th October, 2003 and 19th April, 2004, respectively;

AND WHEREAS after coming into force of the said regulations, there has been

significant changes in the Distribution Performance Standards of the licensee and in the consumer grievance redressal mechanism and the recommendations in relation thereto have been made by the Forum of Regulators (FOR) in its Report on “Protection of Consumer Interest” which have been endorsed and approved by the Hon’ble Appellate Tribunal for Electricity for implementation vide its Order dated 15.4.2010.

AND WHEREAS, with a view to simplify the process for registration and resolution

of consumer complaints, the Himachal Pradesh Electricity Regulatory Commission recognizes the urgency and need to revise and modify the existing regulations framed by the Commission;

NOW THEREFORE, the Himachal Pradesh Electricity Regulatory Commission, in

exercise of the powers conferred by Clauses (r) and (s) of subsection (2) of section 181, read with sub-sections (5) to (8) of section 42, of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf and in supersession of the Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of the Consumers) Regulations, 2003 published in the Rajpatra, Himachal Pradesh (Extraordinary) dated 24th October, 2003 and the Himachal Pradesh Electricity Regulatory Commission (Electricity Ombudsman) Regulations, 2004 published in the Rajpatra, Himachal Pradesh (Extraordinary) dated 19th April, 2004, hereby, after previous publication, makes the following Regulations providing guidelines to the distribution licensees in the State for establishing Forum(s) for redressal of grievances of consumers and for the appointment of Electricity Ombudsman by the Commission for making representations against non-redressal of grievances of consumers and the time and manner of settlement of grievances by the Electricity Ombudsman and for matters incidental and ancillary thereto and further to provide the consumers, in their discretion, before approaching the Consumer Grievances Redressal Forum under these Regulations, option to approach the Internal Executive Disputes Resolution Mechanism, if any, set up by the distribution licensee.

REGULATIONS

THE HIMACHAL PRADESH ELECTRICITY REGULATORY COMMISSION (CONSUMER GRIEVANCES REDRESSAL FORUM AND OMBUDSMAN) REGULATIONS, 2013

CHAPTER-I SHORT TITLE, COMMENCEMENT, SCOPE, DEFINITIONS AND INTERPRETATION

1. Short title, extent and commencement. - (1) These Regulations may be called the Himachal Pradesh Electricity Regulatory Commission (Consumer Grievances Redressal


Forum and Ombudsman) Regulations, 2013.

(2) These Regulations shall extend to the whole of the State of Himachal Pradesh.

(3) These Regulations shall come into force on the date of their publication in the Rajpatra, Himachal Pradesh.

2. Objectives, Scope and application. - (1) Without prejudice to right which a consumer may have apart from the rights conferred upon him under section 42 of the Act, the said section 42 requires every distribution licensee to establish a Consumer Grievance Redressal Forum as per the guidelines of the State Commission and any consumer who is aggrieved by non-redressal of his grievance by the forum, may make a representation for the redressal of his grievance to an authority to be known as Ombudsman, to be appointed or designated by the State Commission, who is to settle the grievance of the consumer within such time and in such manner as may be specified by the State Commission.

(2) The objective of these Regulations is to lay down the guidelines for setting up the Consumer Grievance Redressal Forum under section (5) of section 42 of the Act and the time limits within which and the manner in which the Consumer Grievance Redressal Forum and the Ombudsman, to be appointed under sub-section (6) of section 42 of the Act, shall settle the grievances of the consumers.

(3) These Regulations shall be applicable to all the distribution licensees, in the State of Himachal Pradesh, in their respective areas of supply.

(4) Nothing contained in these Regulations shall, expressly or impliedly, restrict the rights and privileges of the consumers available to them under the Internal Executive Disputes Resolution Mechanism (IEDRM) within the distribution licensee and any consumer, who is not satisfied with the solution offered by the licensee under such Internal Executive Disputes Resolution Mechanism, may file the representation under these Regulations. 3. Definitions (1) In these Regulations, unless the context otherwise requires, -

(a) “Act” means the Electricity Act, 2003(36 of 2003);

(b) “Annexure” means the annexure to these Regulations;

(c) “Commission” means the Himachal Pradesh Electricity Regulatory Commission;

(d) “complainant” means and includes -

(i) any consumer or consumers including their legal heirs or successors, having a grievance/complaint against a licensee and lodging the same either directly or through their representatives, or

(ii) any voluntary consumer association or associations, registered under the law for the time being in force and making the complaints in the larger common or similar interest of the consumers, or

(iii) any person whose electricity connection is disconnected, or

(iv) an applicant for a new connection for the supply of electricity;

(e) “grievance” means, and includes any complaint, relating to any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a licensee in pursuance of a licence, contract, agreement or under the Electricity Supply Code or in relation to the Distribution Performance Standards of the licensees, as specified by the Commission, and includes billing disputes of any nature and matters related to safety of the distribution system having potential of endangering life or property;

(f) “Forum” means the Forum for Redressal of Grievances of Consumers required to be established, by the distribution licensee, pursuant to sub-section (5) of section 42 of the Act and the guidelines contained in these Regulations;

(g) “licensee” means a licensee authorised to operate and maintain a distribution


system for supplying electricity to the consumers in his area of supply and includes a deemed licensee;

(h) “Member” means the Member of the Forum and includes the Chairperson of the Forum;

(i) “Ombudsman” means an authority appointed or designated by the Commission, under sub-section (6) of section 42 of the Act, and these Regulations, with whom a representation may be made by any person, who is dissatisfied by the redressal or is aggrieved by the non-redressal of his grievances by the Forum;

(j) “representation” means the representation made to the Ombudsman by a complainant, who is aggrieved by the order of the Forum (including the partial or full dismissal order), or non-redressal of his grievances by the Forum within the specified time or dissatisfaction with the order issued by the Forum or non-implementation of the Forum’s order by the licensee within the specified time;

(k) “time lines” means the time specified in Annexure-I or any other provisions of these Regulations for processing any complaint or representation made under these Regulations.

(2) The other words and expressions used and not defined in these Regulations, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 4. Interpretation.- These Regulations shall be construed harmoniously with the Electricity Supply Code specified by the Commission under the provisions of clause (x), and the Distribution Performance Standards of the licensee and under clause (za,), of sub-section (2) of section 181 of the Act and in case of any inconsistency with these Regulations, Distribution Performance Standards of the licensee and the Electricity Supply Code shall prevail.

CHAPTER-II CONSUMER GRIEVANCES REDRESSAL FORUM (CGRF)

5. Establishment of Forum .- (1) Every distribution licensee shall, within six months, from the grant of licence, establish, in its area of supply, under sub-section

(5) of section 42 of the Act, a Forum for Redressal of Grievances of the consumers, in accordance with the guidelines contained in these Regulations:

Provided that the distribution licensee may, by an order, after considering factors such as the number of representations received, disposal of representation within the specified time limit, ease of access for the consumer and the geographical area, establish more than one Forum in its area of supply and in that event each such Forum shall have the jurisdiction as the distribution licensee, out of its total area of supply, define the territorial jurisdiction of each Forum in such order.

(2) In order to ensure that all grievances are disposed of within the specified time limit the Commission may, from time to time, direct the licensee to increase the number of Forums.

6. Headquarters of Forum .- The head office of the Forum shall be preferably at the headquarters of the distribution licensee. The Forum may, with the overall objective of ensuring that the complaints/grievances are heard and redressed within the time limit specified under these Regulations, conduct its sittings preferably at the Revenue Divisional headquarters or at such other places, within its area of jurisdiction, as may be considered necessary and proper by it.

7. Constitution of Forum and a Appointments of its Members. - (1) The Forum shall consist of three Members including the Chairperson, who shall be persons of experience, ability, integrity and standing, and out of them - i) two Members shall be appointed by the distribution licensee out of its officers, who have more than one year service left for supernnuation and out of these two -


(a) one Member shall have degree in electrical engineering and have at least 25 years experience in generation, transmission, distribution or trading of electricity and who is not below the rank of a Chief Engineer or its equivalent; and

(b) one Member shall have degree in engineering or finance or commerce or economics or law or management and who is preferably not below the rank of a Superintending Engineer, or its equivalent, with working experience of at least 20 years in the organisation engaged in generation, transmission, distribution or trading in electricity;

(ii) one Independent Member shall be nominated by the Commission, out of the persons -

(a) who are retired officers of the State Government or of its Undertakings with a minimum 20 years service and are familiar with the consumer affairs or regulatory affairs; or

(b) who are representatives of the registered voluntary consumers protection organisations or NGOs or consumer activists with experience of at least five years in dealing with the matters concerning “consumer grievances”; and such a Member shall be selected through advertisement in the newspapers and display on the website of the Commission:

Provided that a person to be nominated as Independent Member of the Forum shall not have been in the employment in any capacity under, or agency of, the licensee; for a minimum period of one year prior to his being nominated as the Independent Member of the Forum.

(2) No person shall be appointed and/or be entitled to continue as a Member if he-

(i) has been adjudged as an insolvent;

(ii) has been convicted of an offence which, in the opinion of the licensee, involves moral turpitude;

(iii) has become physically or mentally incapable of acting as such a Member;

(iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member;

(v) has so abused his position as to render his continuance in office prejudicial to public interest; or

(vi) has been guilty of proven misbehaviour.

8. Removal of Member (1)An existing Member shall be liable to be removed from his office forthwith on any of the grounds mentioned in sub- regulation (2) of regulation 7.

(2) No Member shall be removed from his office on any ground specified in sub regulation (2) of regulation 7, unless the licensee has held an independent inquiry in accordance with such procedure as be directed by the Commission:

Provided further that the Independent Member, nominated by the Commission under clause(ii) of sub-regulation (1) of regulation 7, shall be removed from his office only after the prior approval of the Commission.

9. Presiding Officer of the Forum .- (1) The Member of the Forum appointed, by the


licensee, under sub-clause(a) of clause (i) of sub-regulation (1) of regulation 7, shall be the Chairperson of the Forum.

(2) The Chairperson shall have the general powers of superintendence and control over the Forum.

(3) In case the Chairperson of the Forum is unable to discharge the functions owing to his absence, illness or any other cause, the Member appointed under sub-clause(b) of clause(i) of sub-regulation (1) of regulation 7, shall discharge the functions of the Chairperson, until the day when the Chairperson assumes his office.

10. Tenure of Members .- (1) Every Member to be appointed by the licensee under Clause (i) of sub-regulation (1) of regulation 7, shall be appointed, and shall ordinarily hold office as such, for a period minimum of one year, but not exceeding three years:

Provided that no Member, other than the Independent nominated Member of the Forum, shall hold office as such, after he ceases to be the officer of the licensee;

(2) The Independent Member, nominated by the Commission, under Clause (ii) of sub-regulation (1) of regulation-7 shall hold office as such for a period of three years: Provided that no Independent Member of the Forum shall hold office as such, after he attains the age of sixty five years.

11. Voting and consensus Two Members shall form the quorum for the Forum’s meeting and proceedings before the Forum and each Member shall have one vote. In case of equality of votes on any issue, the Chairperson or in his absence the person presiding shall have the second or casting vote.

12. Vacancies .- (1) The licensee shall ensure that the post of a Member is not kept vacant for the period of more than 30 days:

Provided that in case the licensee is unable to fill the vacant post within a period of 30 days, the Commission may, at the request of the licensee, grant such additional time, as it deems fit, to the licensee for the purpose of filling up of such vacancy. (2) No act or proceedings of the Forum shall be deemed to be invalid by reason of any defect in the constitution of the Forum or by reason of the existence of a vacancy amongst its Members.

13. Remuneration and other expenses. - (1) The salary or honorarium, TA/DA and other allowances payable to, and terms and conditions of service of -

(a) the Members appointed by the licensee under clause (i) of sub regulation (1) of regulation 7; shall be governed by the terms and conditions of their employment with such a licensee and shall continue to draw the same salary as they are entitled to as regular employees of the licensee; and

(b) the Independent Member nominated by the Commission under clause(ii) of sub- regulation (1) of regulation 7; shall be such as may be determined by the Commission.

(2) The salary,allowances and other terms and conditions of service of the Member shall not be varied to his disadvantage after his appointment.

14. Secretariat (1) The office, staff and other facilities required by the Members of the Forum, for efficient functioning of the Forum shall be provided by the licensee.


(2) Out of such staff one person, not below the rank of the Section Officer or its equivalent, shall be designated as the full time Secretary of the Forum.

(3) The expenses of the Forum, including all salaries, honorarium and allowances payable to the Members and its staff, shall be allowed as pass through expense in the Annual Revenue Requirements of the licensee.

15. Particulars of the Forum to widely published.- The name, location, e-mail address, telephone and fax numbers of the Forum, shall be widely published through newspapers and displayed on the website and all the offices of the licensee and the Commission, and shall be intimated to the consumers through electricity bills. These particulars shall also be publicized through electronic media.

CHAPTER-III

RIGHT TO APPROACH THE FORUM

16. Right to approach the Forum .- (1) The Complainant shall, in respect of matters falling under the jurisdiction of the Forum, have the right to approach the Forum directly, without exhausting any other remedy available to him through any Internal Executive Disputes Redressal Mechanism other than the Forum established under these Regulations existing within the licensee; (2) The Complainant can also approach the Forum in the following events :-

(i) if the licensee fails to register a grievance/complaint; or

(ii) if the licensee fails to resolve a grievance/complaint in accordance with the Distribution Performance Standards specified by the Commission; or

(iii) if the consumer/complainant is not satisfied with the redressal of his grievance/complaint by the licensee.

CHAPTER-IV PROCESS FOR SUBMISSION AND REDRESSAL OF GRIEVANCES

17. Submission of grievances (1) The Complainant can submit his grievance either in person or through post, e-mail or fax giving the particulars of his grievance as specified in ANNEXURE - II:

Provided that the Forum shall take cognizance of any grievance submitted based on the merit of the case and will not reject any grievance for the sole reason of its not having been submitted in the specified format.

(2) The Complainant may also submit his grievance at the nearest Zonal, Operations Circle or Division headquarters of the licensee or at the other Complaint-Receiving Centres, set up by the licensee.

(3) All such Complaint-Receiving Centres shall accept the grievances from complainants falling within the jurisdiction of the Forum and the grievances along with other supporting documents, so received, shall be forwarded to the relevant Forum within the next working day.

(4) The Complainant shall be issued acknowledgement of the receipt of grievance by the Complaint Receiving Centre:

Provided that in case of receipt of grievance-

(a) in person, the acknowledgement shall be issued immediately;

(b) by post, e-mail or fax, the acknowledgement shall be despatched latest by the next working day:

Provided further that in case of receipt of grievance in the Complaint Receiving Centre, the contact details of the appropriate Forum shall be supplied alongwith the acknowledgement by the next working day.

(5) The licensee shall designate one of its officer as a nodal officer at the headquarters to monitor and ensure that all Complaints Receiving Centres forward the complaints


received by them as per time lines specified under these Regulations.

(6) On receipt of complaint made under sub-regulation(1) of this regulation, the Forum may, by order under intimation to the Complainant, allow the complaint to be proceeded with or rejected:

Provided that no grievance shall be rejected, unless the Complainant has been given an opportunity of being heard.

(7) Where a complaint is allowed to be proceeded with under sub-regulation(6), the Forum may proceed with the complaint in the manner provided under these Regulations.

18. Prioritization of complaints As far as is possible and practical, the grievances shall be prioritized for redressal based on the following priority order :-

(1) non-supply

(2) connection/disconnection of supply

(3) meter-related issues

(4) billing-related issues

(5) other issues: Provided that it should be ensured that all grievances are disposed of within

the time lines specified under these Regulations.

19. Limitations/ pre-conditions for submission of grievance. - The Forum may reject the grievance at any stage under any or more of the following circumstances :-

(a) in cases where proceedings in respect of the same matter and between the same Complainant and the licensee are pending before any court, tribunal, arbitrator or any other authority, or a decree or award or a final order has already been passed by any such court, tribunal, arbitrator or authority;

(b) in cases which fall under sections 126, 127, 135 to 139, 152, and 161 of the Act;

(c) in cases where the grievance has been submitted two years after the date on which the cause of action has arisen; and

(d) in the case of grievances which are -

(i) frivolous, vexatious, malafide;

(ii) without any sufficient cause; or

(iii) where there is no prima facie loss or damage or inconvenience caused to the Complainant or the consumers who are represented by an association or group of consumers.

20. Process. - (1) The Forum shall forward a copy of the grievance to the officer designated by the licensee authorised to accept the service of notices, and to appear and defend on its behalf and where no such officer is designated by the licensee, to the concerned officer of the licensee or the employee / employees / department named in the grievance.

(2) The designated officer or the concerned officer, as the case may be, of the licensee shall furnish para-wise comments to the Forum on the grievance within the time lines specified in Annexure-I, failing which the Forum shall proceed on the basis of the material available on record.

(3) The Forum may call for any record from the licensee or from the Complainant as is relevant for examination and disposal of the grievance, and both the parties shall be under obligation to provide such information, document or record as the Forum may call for and where a party fails to furnish such information, document or record and the Forum is satisfied that the party in possession of the record is withholding it deliberately, it may draw an adverse inference in relation thereto.


21. Inspection. - (1) The Forum may direct the licensee to undertake an inspection or engage a third party to undertake such inspection with regard to the grievance, as may be required for expeditious redressal of the grievance or it may in special circumstances of a case and recording reasons therefore and at the instance and request of the Complainant, engage a third party (other than the licensee) to undertake inspection and obtain an independent report. (2) The expenses of such third-party inspection, except expenses of inspection at the request of the Complainant, shall be borne by the licensee, and to the extent reasonable and justifiable, such expenses shall be allowed as pass through expense in the determination of tariff in accordance with the relevant Regulations of the Commission:

Provided that if inspection is taken up at the request of the Complainant, the expenses shall be deposited in advance by him, which may or may not be refunded by the Forum depending on whether the grievance is found to be of substance or not.

22. Promotion of settlement by conciliation.- The Forum may in appropriate cases call the designated officer or the concerned officer of the licensee, as the case may be, for negotiations in order to seek redressal of the grievance filed before it and if the matter is settled through negotiations, it may be recorded as a decision and conveyed to the Complainant and the licensee by the order of the Forum.

23. Hearing of representations.- (1) Where the Forum comes to the conclusion that the Complainant and the designated officer or the concerned officer of the licensee, as the case may be, are required to be heard for redressal of a grievance, the Forum shall call the Complainant and the designated officer or the concerned officer, as the case may be, with the details of the case and documents, if any, as may be necessary.

(2) Where the complainant or the licensee or his representative is unable to appear before the Forum on the date fixed for hearing on more than two occasions consecutively the Forum may, for reason to be recorded in writing, dispense with the presence of such person and may decide the grievance ex-parte.

(3) No adjournment shall ordinarily be granted by the Forum, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum.

(4) The Forum may make an order as to the cost, occasioned by the adjournment, to be paid by the defaulting party to the non defaulting party and/or to the Forum.

24. Appearance through an Advocate.- A complainant, distribution licensee or any other person who is a party to any proceedings before the Forum may either appear in person or authorise any person, other than an Advocate (within the meaning of the Advocates Act, 1961), to present his case before the Forum and to do all or any of the acts for the purpose.

25. Interim Order. - Upon request of the complainant, the Forum may issue such interim orders pending final disposal of the grievance as it may consider necessary:

Provided that the Forum shall have the power to pass such an interim order in any proceeding, hearing or matter before it, as it may consider appropriate if the complainant satisfies the Forum that prima facie, the distribution licensee has threatened or is likely to remove or disconnect the electricity connection, and has or is likely to contravene any of the provisions of the Act or any rules and regulations made thereunder or any order of the Commission, provided that the Forum has jurisdiction on such matters:


Provided further that, except where it appears that the object of passing the interim order would be defeated by delay, no such interim order shall be passed unless the opposite party has been given an opportunity of being heard and an amount equal to 1/3rd of the disputed amount is deposited in cash with the licensee and documentary evidence of such deposit has been furnished.

26. Issuance of Order.- (1) On receipt of the comments from the licensee or otherwise and after conducting or having made such inquiry or local inspection conducted as the Forum may consider necessary, and after affording reasonable opportunity of being heard to the parties, the Forum shall take a decision. (2) If, after the completion of the proceedings, the Forum is satisfied that the allegations contained in the grievance are correct, it shall -

(a) issue an order to the distribution licensee directing it to do one or more of the following things in a time-bound manner, namely:-

(i) to remove the cause of grievance in question;

(ii) to return to the complainant the undue charges paid by the complainant along with the interest at the rate equal to the short Term Prime Lending Rate of the State Bank of India as on 1st April of the financial year for the period for which the undue disputed amount was withheld by the licensee; or

(b) pass any other order, deemed appropriate in the facts and circumstances of the case.

(3) If, after the completion of proceedings, the Forum is satisfied that the allegations contained in the grievance are incorrect or if the interim Order issued under regulation 25, need not be confirmed, the Forum shall set aside the said interim Order and restore the other party to the position to which it would have been in the absence of such interim Order.

(4) The Order of the Forum shall be reasoned and the reasons given by the Forum in support of the Order, including those by the dissenting Member, if any, shall form a part of the Order, and the Members who heard the matter shall sign the Order.

(5) In cases of grievances related to non-supply, connection or disconnection of supply, the Forum shall pass the order within 20 days of filing of the grievance and in cases of other grievances, the order shall be passed within 45 days of filing of the grievance:

Provided that in the event of a grievance being disposed off after the specified maximum period, the Forum shall record, in writing, the reasons for the same at the time of disposing the said grievance under intimation to the Ombudsman.

(6) The order of the Forum shall be communicated to the complainant and the licensee in writing within three days. A certified copy of every order passed by the Forum shall be delivered to the parties.

(7) The Forum may at any time, after affording an opportunity of being heard, review its Order either on its own motion or an application of any of the parties to the original proceedings, within 30 days of the order on-

(i) the discovery of new and important matter of evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time the order was made;

(ii) on account of some mistake or error apparent from the face of the record;

(iii) for any other sufficient reasons.

27. Compliance of the order of Forum. - (1) The licensee shall comply with the order of the Forum within 21 days or within such shorter period as may be directed by an order made by the Forum, from the date of receipt of the order. In appropriate cases, considering the nature of the case, the Forum, upon the request of the licensee, may


extend the period for compliance of its order up to a maximum of three months. Non-compliance of the order of the Forum shall be treated as violation of the Regulations of the Commission and accordingly liable for action under section 142 of the Act.

(2) The concerned officer of the licensee shall furnish a compliance report of the order of the Forum within seven days from the date of compliance, to the Forum and to the complainant. The Forum shall keep a record of the compliance of its orders and review the same every month. In case of non-compliance of its orders, the Forum shall take up the matter with the higher authorities of the licensee for compliance. If even after that the order is not complied with, the Forum shall inform the Commission regarding such non-compliance.

28. Representation against the Forum’s order. - (1) A complainant may prefer a representation before the Ombudsman appointed/ designated by the Commission under the following circumstances:-

(a) if the complainant is aggrieved by the non-redressal of the grievance by the Forum within the period specified,

(b) if the complainant is not satisfied with the order passed by the Forum, and

(c) if the complainant is aggrieved by the non-implementation of the Forum’s order, by the licensee

(2) The representation under sub-regulation (1) shall be made-

(a) in case the complainant is aggrieved by the non-redressal of the grievance by the Forum within 30 days after the time limit specified for the issuance of the Forum’s Order;

(b) in case the complainant is not satisfied with the Order passed by the Forum, within 30 days after issuance of the Order by the Forum;

(c) if the complainant is aggrieved by the non-implementation of the Forum’s Order, by the licensee, within 30 days after the time limit specified for the implementation of the Order.

(3) The Forum may settle any grievance in terms of an agreement reached between the parties at any stage of the proceedings before it and there shall be no right of representation before the Ombudsman against such an order. 29. Reporting requirements.-

(1) The Forum shall, within 15 days of the close of the quarter to which it relates, submit a quarterly report on disposal of grievances to the licensee, Commission and Ombudsman.

(2) The quarterly report should be submitted in accordance with the format as specified in ANNEXURE III.

(3) The Forum shall, within 45 days of the close of the financial year to which it relates, also furnish a yearly report containing a general review of the activities of the Forum during the financial year to the licensee, Commission and Ombudsman.

(4) The Commission shall -

(a) analyse reports, submitted by the Forum under sub-regulation (3), with regards to levels of performance achieved on performance of the standards under section 57 (Consumer Protection - Standards of Performance of Licensee) of the Act;

(b) facilitate capacity building of the licensee to develop and implement a comprehensive consumer awareness vis-a-vis public interaction programme, explaining to the consumers their rights as consumers serviced by the licensee.


CHAPTER-V OMBUDSMAN

30. Qualifications, terms of appointment and removal of Ombudsman .

(1) In terms of sub-section (6) of section 42 of the Act, the Commission may, from time to time, appoint or designate a person as the Ombudsman to discharge the functions in accordance with sub-section (7) of section 42 of the Act.

(2) The Commission may appoint or designate more than one Ombudsman for a licensee or a common Ombudsman or Ombudsmen for two or more licensees considering factors such as the number of representations received, disposal of representations within the specified time limit, ease of access for the consumers and the geographical area.

(3) The Commission shall invite applications through public advertisement for the appointment of the Ombudsman, and shall also form a Selection Committee for recommending names for the appointment of the Ombudsman by the Commission.

(4) The Ombudsman shall be a person of experience, ability, integrity and standing who has adequate knowledge of and has shown capacity in dealing with problems relating to the electrical engineering, finance, commerce, economics, law, administration and management etc. and has held strategic positions in the said fields at the level not below that of the Chief Engineer in a Utility or equivalent position under the Government.

(5) No person shall be appointed or be entitled to continue as the Ombudsman, if he -

(a) has been adjudged as an insolvent;

(b) has been convicted of an offence which, in the opinion of the Commission, involves moral turpitude;

(c) has become physically or mentally incapable of acting as an Ombudsman;

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Ombudsman;

(e) has abused his position so as to render his continuance in office prejudicial to public interest; or

(f) has been guilty of proven misbehaviour: Provided that the Ombudsman shall not be removed from his office on any

ground specified in this sub-regulation, unless the Commission has, on an inquiry, concluded that the person ought, on such ground or grounds, be removed.

(6) The Ombudsman shall, before entering upon his office, make and subscribe to, before the Chairperson of the Commission, an oath of office and secrecy in such manner and form as may be determined by the Commission.

(7) The salary and other allowances payable to and all other terms and conditions for the appointment of the Ombudsman shall be such as may be determined by the Commission.

(8) The Ombudsman shall hold office for a fixed term of three years: Provided that the Ombudsman shall not hold office as such after he attains

the age of 65 years.

(9) The Ombudsman may, by giving three month’s written notice or paying three months consolidated emoluments in lieu of the notice period, resign from his office. 31. Office of the Ombudsman (1) The Ombudsman’s office shall preferably be located in the capital city of the State or at any District headquarters in the State:

Provided that the Ombudsman may hold hearings or proceedings at

various places, within the State, in order to expedite the disposal of representations received before him.

(2) The Ombudsman appointed under sub- regulation (1) shall devote his whole time to


the affairs of his office.

(3) The Commission shall provide the Ombudsman with a Secretariat. The staff strength of the said Secretariat and terms and conditions of appointment of the staff shall be determined by the Commission from time to time.

(4) All expenses of the Ombudsman including that of its office and secretariat shall be borne by the licensee and where there are more than one licensee such expenses shall be borne by them in proportion to their latest approved net Annual Revenue Requirement and such expenses shall be pass through in tariff.

(5) The Commission shall approve the budget estimates along with quarterly expenditure phasing for the year before the commencement of the financial year and the licensee shall release quarterly advance accordingly in the last month of the previous quarter for every succeeding quarter to the Ombudsman’s office.

(6) The licensee shall make provision in the Annual Revenue Requirement of all expenses for recovery through tariff and actual expenses shall be adjusted during true up.

(7) The name, location, email address and telephone numbers of the Ombudsmen shall be widely publicised through newspapers and displayed on the websites and the offices of the licensees and the Commission, and shall be intimated to the consumers through electricity bills. These may also be publicised through electronic media.

32. Format for submission of representation The complainant may submit his representation to the Ombudsman as per the format specified in ANNEXURE -IV.

33. Pre-conditions/ limitations for entertaining complainant’s representation :

(1) The representation may be entertained by the Ombudsman only if all of the following conditions are satisfied that :-

(a) it has been filed by the complainant being the aggrieved consumer or the association representing the consumer/s;

(b) the complainant has, before making a representation to the Ombudsman, approached the Forum constituted under sub-section(5) of section 42 of the Act, for redressal of his grievance;

(c) the representation by the complainant, in respect of the same grievance, is not pending in any proceedings before any court, tribunal or arbitrator or any other authority or a decree or award or a final order has not been passed by any such court, tribunal, arbitrator or authority;

(d) the representation is not in respect of the same cause of action which was settled or dealt with on merits by the Ombudsman in any previous proceedings whether or not received from the same complainant or along with one or more complainants or one or more of the parties concerned with the cause of action;

(e) the complainant is not satisfied with the redressal of his grievance by the Forum or the Forum has rejected the grievance or has not passed the order within the time-limit specified; or the licensee has not implemented the Forum’s Order ;

(f) the complainant has filed the representation before the Ombudsman within 30 days from the date of receipt of the decision of the Forum or the date of expiry of the period within which the Forum was required to take the decision or the date of expiry of the period within which the distribution licensee was required to implement Forum’s order whichever is applicable:


Provided that the Ombudsman may entertain a representation after the expiry of the said period of thirty days if the Ombudsman is satisfied that there is sufficient cause for not filing it within that period;

(g) the complainant has deposited with the Ombudsman, an amount equal to 50% of the amount assessed by the Forum, if any;

(h) the complainant who claims compensation from the distribution licensee has paid such fees as may be stipulated by the Commission from time to time.

(2) Subject to the provisions of the Act and this Regulation, the Ombudsman’s decision as to whether the representation is fit and proper for being considered by it or not, shall be final.

(3) The Ombudsman may reject the representation at any stage if it appears to him that the representation is -

(a) frivolous, vexatious, malafide;

(b) without any sufficient cause;

(c) there is no prima facie loss or damage or inconvenience caused to the complainant : Provided that the decision of the Ombudsman in this regard shall be final

and binding on the complainant and the distribution license: Provided further that no representation shall be rejected in respect of sub-

clauses (a), (b) and (c) unless the complainant has been given an opportunity of being heard.

34. Promotion of settlement by conciliation. - (1) As soon as it may be practicable to do so, but not later than seven days from the date of receipt of the representation, the Ombudsman shall serve a notice to the concerned officer of the licensee named in the representation along with a copy of the representation and endeavour to promote a settlement of the representation by mutual agreement between the complainant and the licensee through conciliation or mediation.

(2) For the purpose of facilitating settlement of the representation, the Ombudsman may follow such procedures, as he may consider appropriate.

(3) When a representation is settled through mediation of the Ombudsman, the Ombudsman shall make a recommendation which he thinks fair in the circumstances of the case and shall send the copies of the recommendation to the complainant and the licensee.

(4) If the complainant and the licensee accept the recommendations of the Ombudsman, they will send a communication in writing, within 15 days of the date of receipt of the recommendations, stating clearly that the settlement communicated is acceptable to them, in totality, in terms of the recommendations made by the Ombudsman, and are in full and final settlement of the representation.

(5) The Ombudsman shall make a record of such an agreement in his order and thereafter close the case. 35. Hearing of representations (1) After registering the representation, the Ombudsman, within seven days of registration, shall call for records relating to the representation from the concerned Forum and the concerned Forum shall send the entire records, within seven days from the date of receipt of such notice, to the office of the Ombudsman.

(2) The Ombudsman may require the licensee or any of the officials, representatives or agents of the licensee to furnish documents, books, information and data as may be required to decide the representation and the licensee shall duly comply with such


requirements of the Ombudsman.

(3) Where the representation is not settled by agreement within a period of 30 days from the date of receipt of the representation or within such extended period as the Ombudsman may deem fit duly considering the overall time limit specified, the Ombudsman may determine the manner, the place, the date and the time of the hearing of the matter as the Ombudsman considers appropriate.

(4) The Ombudsman may hear the parties and may direct the parties to submit written statements or submissions in the matter.

(5) A complainant, distribution licensee or any other person, who is a party to any proceedings before the Ombudsman, may either appear in person or authorise any person to present his case before the Ombudsman and to do all or any of the acts for the purpose.

(6) Where the complainant or the licensee or their representative is unable to appear before the Ombudsman on the date fixed for hearing on more than two occasions consecutively the Ombudsman may, for reasons to be recorded, dispense with the presence of such person and, reject or decide the representation ex-parte.

(7) No adjournment shall ordinarily be granted by the Ombudsman unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Ombudsman.

(8) The Ombudsman may make such orders as to the cost, occasioned by the adjournment, to be paid by the defaulting party to the non-defaulting party and/or to the Ombudsman.

36. Ombudsman Power to issue Interim Order (1) Upon the request of the complainant, the Ombudsman may issue such interim orders at any stage during the disposal of the representation as it may consider necessary:

Provided that the Ombudsman shall have the power to pass such an interim order in any proceeding, hearing or matter before it, as it may consider appropriate if the complainant satisfies the Ombudsman that prima facie the distribution licensee has threatened or is likely to remove or disconnect the electricity connection, and has or is likely to contravene any of the provisions of the Act or any rules and regulations made thereunder or any order of the Commission, provided that, the Ombudsman has jurisdiction on such matters:

Provided further that, except where it appears that the object of passing the interim order would be defeated by delay, no such interim order shall be passed unless the opposite party has been given an opportunity of being heard. (2) The Ombudsman shall be guided by the principles of natural justice, and subject to the other provisions of these Regulations, the Ombudsman shall have power to regulate its own procedure.

37. Issuance of Order. - (1) The Ombudsman shall pass a written order giving reasons for all his findings and stating the nature of the reliefs to which the complainant is entitled as per the order.

(2) The Ombudsman shall pass an order as early as possible, but in any case, within 60 days from the date of receipt of the representation and where there is delay in the disposal of a representation within the said period, the Ombudsman shall record the reasons for such delay.

(3) The order passed by the Ombudsman shall set out -

(a) issue-wise decisions;

(b) reasons for passing the order;

(c) reasons for vacation of the interim Order, if any, made under regulation 36


and its impact;

(d) directions, if any, to the distribution licensee or complainant, and

(e) any other order, deemed appropriate in the facts and circumstances of the case.

(4) A copy of the order shall be sent to the parties and also to the concerned Forum for information within one week from the date of such order.

(5) The licensee shall duly comply with and implement the decision of the Ombudsman on the representation filed by the complainant within 15 days of the issuance of the Order.

(6) Non-compliance of the Ombudsman’s orders shall be deemed to be a violation of these Regulations and shall be liable for appropriate action by the Commission under the provisions of the Act.

(7) No party can file an appeal before the Commission against the order passed by the Ombudsman. However, this is without prejudice to the rights of the complainant and the licensee to seek appropriate remedy against the order passed by the Ombudsman before appropriate bodies.

(8) The Ombudsman may, at any time, after affording an opportunity of being heard, review his Order, either on his own motion or on an application of any of the parties to the proceedings, within 30 days of the Order on -

(i) the discovery of new and important matter of evidence which, after the exercise of due diligence, was not within his knowledge, or could not be produced by him at the time the order was made;

(ii) on account of some mistake or error apparent from the face of record;

(iii) for any other sufficient reasons. 38. Reporting requirements.- (1) The Ombudsman shall, within 30 days of the close of the period to which it relates, submit to the Commission a half-yearly report on all the representations filed before it.

(2) The report shall cover-

(a) facts of the representations;

(b) responses of parties in brief;

(c) opinion of the Ombudsman on the compliance of Distribution Performance Standards by the licensee;

(d) key directions issued to the licensee and/ or to the consumer in the order; and

(e) compliance of order by the licensee and/ or to the consumer.

(3) The Ombudsman shall within 45 days of the close of the financial year to which it relates also furnish a yearly report containing a general review of the activities of the Ombudsman’s office during the financial year to the Commission and the State Government.

(4) The Commission shall -

(a) analyse reports, submitted by the Ombudsman under sub-regulation (3), with regards to levels of performance achieved on performance of the standards under section 57 (Consumer Protection - Standards of Performance of Licensee) of the Act;

(b) facilitate capacity building of the licensee to develop and implement a comprehensive consumer awareness public interaction programme, explaining to the consumers their rights as consumers serviced by the licensee.


CHAPTER –VI MISCELLANEOUS

39. Power to remove difficulties If any difficulty arises in giving effect to any provisions of these Regulations, the Commission may, by a general or special order, direct the distribution licensee, the Forum or the Ombudsman to take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or expedient for the purpose of removing the difficulties.

40. Repeal and Savings .(1) The Himachal Pradesh Electricity Regulatory Commission (Guidelines for Establishment of Forum for Redressal of Grievances of Consumers) Regulations, 2003 and the Himachal Pradesh Electricity Regulatory Commission (Electricity Ombudsman) Regulations, 2004, are hereby repealed.

(2) Notwithstanding such repeal - (a) anything done or any action taken or purported to have been done or taken

including any appointment made, or any document or instrument executed or any direction given under the repealed regulations, shall, in so far as it is not inconsistent with the provisions of these Regulations, be deemed to have been done, taken, made or given under the corresponding provisions of these Regulations ;

(b) all appointments made, and documents executed, before the commencement of these Regulations, shall continue to have effect till the expiry of the period for which such appointment has been made or the document has been executed.

By order of the Commission Secretary


ABBREVIATIONS

A&A : Application and Agreement

AE/AEE : Assistant Engineer/Assistant Executive Engineer

BG : Bank Guarantee

BIS : Bureau of Indian Standard

CT : Current Transformer

CD : Contract Demand in kVA of MVA

CL : Connected Load in kW or MW

ESD : Electrical Sub-Division

EHT : Extra High Tension

HIMUDA : Himachal Urban Development Authority

HPERC : Himachal Pradesh Electricity Regulatory Commission

HT : High Tension

IDC : Infrastructure Development Charges

ISI : Indian Standard Institute

JE/AAE : Junior Engineer/Additional Assistant Engineer

kV : kilo Volt

kVA : kilo Volt Ampere

kWh : kilo Watt hour

kVAh : kilo Volt Ampere hour

LT : Low Tension

MW : Mega Watt

MVA : Mega Volt Ampere

MCO : Meter Connection Order

MLC : Meter Reader Clerk

MCB : Miniature Circuit Breaker

NOC : No Objection Certificate

PAC : Power Availability Certificate