PUBLIC
WORKS NOTIFICATIONS
ANDHRA PRADESH ELECTRICITY
REGULATORY COMMISSION
ELECTRICITY
SUPPLY CODE
Regulation
No.5 of 2004
INTRODUCTION:
Section 50 of the Electricity Act, 2003 requires the State Commission to
specify an Electricity Supply Code to provide for the following:
(i)
Recovery of electricity charges,
(ii)
Intervals for billing of electricity charges,
(iii)
Disconnection of supply for non-payment thereof
(iv) Restoration of supply of electricity,
(v)
Tampering, distress or damage to electrical plant, electric lines
or meter,
(vi) Entry of Licensee's officials for disconnecting supply and
removing the
1l1eter, and
(vii)
Entry for replacing, altering or maintaining of electric lines, or
electric plant
or meter.
The Commission published a draft Regulation on 18.12-2003 inviting
comments / suggestions. A press release was also issued on
In exercise of the powers conferred by clause (x) of sub section (2) of section
181 read with section 50 of the Electricity Act 2003 (36 of 2003) and all
powers enabling it in that behalf, the Andhra Pradesh Electricity Regulatory
Commission hereby makes the following Regulation, namely: -
1. Short title, commencement and
interpretation
i. This Regulation may be called the
Andhra Pradesh Electricity
Regulatory
Commission (Electricity Supply code) Regulation
2004.
ii.
This Regulation shall be applicable to all
Distribution Licensees in
their
respective licensed areas, in the State of
iii. This Regulation shall come into force 3
months after the date of
its
publication in the Andhra Pradesh Gazette.
2. Definitions ----- In this
Regulation, unless the context otherwise requires:-
(a) "Act" means the Electricity
Act, 2003;
(b) "Commission" means the Andhra
Pradesh Electricity Regulatory
Commission;
(c) "consumption
charges" means charges payable for the
consumption
of electrical energy in Kwhrs multiplied by
appropriate
tariff rates and also includes Demand/Fixed charges,
Fuel Surcharge Adjustment (FSA) and
customer charges etc.,
wherever
applicable. "
(d) "high
tension (HT) consumer" means a consumer who is supplied
electricity
at a voltage higher than 440 volts.
(e) "HT rates" means the
consumption charges payable by HT
consumers.
(f) "low
tension (LT) consumer" means a consumer who is supplied ,
electricity at a
voltage up to 440 volts.
(g) "LT rates" means the
consumption charges payable by LT
consumers.
(h) "month"
means the calendar month The period of
about 30 days
between
the two consecutive meter readings shall also be
regarded
as a month for purpose of billing;
(i) "premises"
includes any land, building or structure;
(j) All other expressions used herein but
not specifically defined
herein but
defined in the Act shall have the meaning assigned to
them in the
Act. The other expressions used herein but not
specifically
defined in this regulation or in the Act but defined in
the Andhra
Pradesh Electricity Reform Act, 1998 shall have the
meaning
assigned to them under the said Act, provided that such
definitions
in the Andhra Pradesh Electricity Reform Act, 1998 are
not
inconsistent With the provisions of the Electricity Act, 2003.
3. Recovery of Electricity Charges
from consumers
3.1 The distribution licensee shall recover the
electricity charges for the electricity supplied to the consumer as per the
tariff determined by the Commission from time to time in accordance with the provisions
of Electricity Act 2003:
Provided
that where there are more than one Licensee in the same distribution area the
Licensees may be allowed by the Commission to recover the charges at such
tariffs as the licensee may consider appropriate subject to the maximum ceiling
of tariff fixed by the Commission.
3.2 Unless otherwise specified, all HT and LT
rates refer to one point of supply and each separate establishment will be
given separate point of supply.
3.3 The consumer shall pay to the distribution
licensee within the time specified for the purpose under clause 4 every
month/billing period at the appropriate office of the
distribution licensee or any other place allowed by the distribution licensee,charges for the
electrical energy supplied to the consumer during the preceding billing period
at the tariff in force from time to time.
3.4 The consumer shall pay, ill addition to
the charges fixed in the Tariff determined by the Commission, all surcharges,
additional charges if any and any other charges payable relating to the supply
of energy to the consumer as per the tariff conditions in force from time to
time. The consumer shall also pay all the amounts chargeable by the Government
by way of tax/duty etc, to the appropriate authority as specified by the
Government.
3.5 When supply to a new consumer is commenced
in the middle of a billing period, the demand charges, or any other similar
fixed charges shall be levied pro rata for the number of days for which supply
is given during the billing period. In the case of energy, pro rata minimum
charge or the charges at appropriate tariff for the energy actually consumed,
whichever is higher shall be payable by the consumer.
4. Electricity Bills
4.1 Intervals of Electricity Bills
4.1.1 Bills shall be issued at a periodicity of not
more than 2 months in respect of domestic, commercial agricultural services
(metered cases) and general
purpose consumers. Flat rate agricultural consumer shall be
provided with pass books and electricity charges shall be collected
monthly on pro rata basis in respect of annual flat rate tariff fixed for this
category. In respect of all other
categories of consumers, the bills shall be issued monthly.
4.1.2 The consumer shall be informed in advance of the
periodicity of billing for his service (monthly or bimonthly), date in the
calendar month when his meter will be read, bill date in the calendar month and
due date for payment in the calendar month. It shall be obligatory on the part
of Licensee to read meter of a service on prescribed date. But in unforeseen
circumstances, the licensee may record the meter reading two days before after
the prescribed date.
The bill
date shall be the date of meter reading for spot billing system and in other
cases it shall be within one week from the date of the meter reading. The bill
shall be served to a consumer immediately after the meter reading in case of
spot billing system and in other cases within a period of one week from the
bill date.
The
licensee shall obtain the acknowledgement of the consumer or some other inmate
of the premises after issue of the bill and the authorized meter reader shall
also enter the meter reading and the date of reading in the passbook/ or meter
card provided to the consumer.
4.13 Bills shal1 be sent to the consumers, other
than HI category, either by post or by hand delivery and in case of HT
consumers, either by certificate of posting
or by hand delivery. The fact of
dispatch of bills to the consumers of a particular area will be displayed by
appropriate notice on the notice board of the Licensee’s Revenue office of the
area concerned. Loss in transit of the bill if sent by post shall not be the
responsibility of the licensee. However in case of hand delivery proof of service of the
bill shall be maintained at the
concerned Revenue Office of the Licensee. It shall be the responsibility of the
Licensee to ensure prompt delivery of bills to the consumer. However, if the consurner does not receive the bill within 14 days from the
date of meter reading, he should approach the Revenue Office concerned to
obtain a duplicate copy of the bill.
4.1.4
The Licensee shall issue the first bill for all
services energized during a billing cycle, before end of next billing cycle. In
case, the consumer does not receive the first bill before end of next billing
cycle from date of energizing the connection, he may report to the designated
Officer of the Licensee who shall arrange for issue of the bill within next 14
days.
4.1.5
Change of occupancy/vacancy of premises
i. It shall be the
responsibility of the owner of the connection to get a special reading done by
the licensee at the time of change of occupancy or on the premises falling
vacant.
ii. The owner/user of the
connection may request in writing to the licensee for special reading at least
15 days in advance of the said vacancy of the premises by the existing user or
change of the occupancy, as the case may be .
iii. The Licensee shall
arrange a special reading to be done and deliver the final bill, including all
arrears till the date of billing, at least 7 days before the vacancy of the
premises. The final bill shall also include payment for the period between the
date of special reading and date of vacancy of premises on prorata
basis.
iv. Once the final bill is
raised, the licensee shall not have any right to,
recover any charge(s), other than those in the final bill, for any period prior
to the date of such bill.
v. The licensee may charge reasonable fee
fur the above service.
4.2 The following information
shall be included on the body of the bill:
a) Bill Number.
b) Consumer No., name and address.
c) Name of Sub-division/ Section.
d) (i) Type of
supply (i.e. single phase, three-phase LT or HT).
(ii) Contracted
load/ Connected load
e) Category of consumer (i.e. domestic,
commercial etc.).
f) Status of meter
(OK/defective/missing/Door Lock etc.).
g) Meter No.- In case
replacement of energy meter is involved during the billing period, the meter
numbers of old and the new meters, date of replacement, final reading of old
meter and initial reading of new meter at the time of replacing the meter shall
also be indicated on the bill.
h) Billing period (dates to be mentioned)
i) Initial meter reading of the billing
period/cycle with date.
j) Final
meter reading of the billing period/cycle with date.
k) Multiplying Factor of the meter.
l) Number of units consumed during the
billing period.
m) Date of the bill and due date of payment.
n) Billing details:- The details for the current month demand and
arrears shall be furnished in the bills.
1) Energy / Monthly Minimum Charges.
2) Fixed Charges
3) Capacitor Surcharge
4) Customer Charges
5) Electricity Duty
6) Fuel cost adjustment charges
7) Surcharge for low power factor
8) Additional charges for belated payment
9) Interest on instalments
due
10) Total current month demand
11) Arrears- (i) Preceding financial year
(ii)Current financial year
12) Others
13) Total amount due
14) Adjustment
15) Net Amount
o) Mode of payment.
p) Designation and address
of authorities with whom complaints or grievances can be lodged and addresses
and telephone numbers of the Fourm and the Vidyut Ombudsman constituted under section 42 of the Act .
q) In case of cheques and bank drafts, the receiving authority in whose favour the amount should be drawn.
r) Telephone No. of Customer Service
Centre and Revenue Unit.
s) Address / Details of
concerned local collection centres and Electricity Revenue Offices of licensee
with working hours where payment of Electricity Bill shall be made.
Details of
cost to serve for the category, cross-subsidy and Government subsidy per unit,
slab-wise, and information from (P) to (5) may be printed on the reverse of the
Bill.
4.3 Payment of Electricity Bill
4.3.1 The payment of bill shall normally be made at
the specified local collection centre of the Licensee on any working day during
prescribed hours, or through any other facility like e-seva,
banks, post offices, internet etc. as may be provided by the licensee.
4.3.2 The Licensee may, however, specify any
collection centers for making payment for a group of consumers in addition to the
concerned Revenue Office of the Licensee, where arrangement shall be made by
licensee to accept payment of Bills both by cash and DD /Cheque.
4.3.3 If due date/disconnection date for default
indicated in the bill for payment of the amount is a Sunday or a Public
Holiday, the succeeding working day shall be treated as the due
date/disconnection date for default.
4.3.4 The consumer shall present his bill at the
time of payment without which payment will not be normally accepted. However if the consumer is unable to present his bill due to
non-receipt of the same and if the consumer applies for duplicate bill at the
concerned Electricity Revenue Office to enable him to make payment of his
electricity bill, the Licensee shall arrange to accept payment of bill duly
issuing duplicate bill on the spot. In other cases, if the consumer
applies for a duplicate bill it shall be supplied within 3 days of receipt of
application in writing in the office of issue. Non-receipt of the bill shall
not entitle the consumer to delay the payment beyond the due date.
4.3.5 The billed amount shall be paid by the consumer as under:
i) Up
to Rs.5,000/- ----By cash:
Provided
that the licensee may accept higher amounts up to the
limit(s) specified by him in rural areas, wherever the
availability of banking facilities is
considered to be inadequate.
ii) Above Rs.5,000/- ---- By Cheque/Banker’s
Cheque/D.D. payable at local branch of any Scheduled
Bank as indicated on the Electricity Bill.
iii) Any consumer, if he so
desires, where the amount is less than Rs.5,000/-, can also pay the same by way
of Crossed Cheque/Banker's Cheque/
D.D. payable at local branch of any Scheduled Bank as indicated on the
Electricity Bill.
iv) Where
specifically allowed by the Licensee, the amount can also be paid by credit
cards, Internet payment and through 'E-seva' centers.
4.3.6 The Licensee shall issue a receipt to the
consumer for the payment of electricity bills made by way of cash or DD /
Banker's Cheque drawn on any scheduled bank. In case
of payment made by way of personal cheques, the
licensee shall issue acknowledgement to the consumer for the receipt of cheque. Bank certificate that money is transferred to
licensee's account is sufficient proof of payment.
4.3.7 All consumers shall pay the Current
Consumption charges within 15 days from the date of the bill and the Licensee
shall ensure distribution of Electricity Bills to the consumers not less than
10 days before the due date for payment.
4.3.8 In case a cheque given
by the consumer is not honoured and payment is not
made, action may be initiated by the Licensee for disconnection, treating it as
a case of non-payment as detailed in clause 4.8. The licensee may not accept
payment through cheques from such consumer for a
period of one year from the billing month for which the cheque
given by the consumer has bounced. For that particular one year, the consumer
maybe required to pay his bill in cash / by DD only. This shall be without
prejudice to other rights of the Licensee to proceed against the consumer for dishonour of the cheque.
4.3.9 Advance payment of anticipated bills by
consumer: - The consumer shall have
the facility to make advance payments towards the Consumption Charges and
require the Licensee to adjust the amount against bills that may be raised by
the Licensee from time to time such advance payments do not attract any
interest.
4.4. Additional charges for belated payment
of bills: - In case the consumers do not pay the bills by the due date
mentioned in the bills, additional charges for delayed payment of bills shall
apply as per tariff orders issued from time to time.
4.5. Adjustment of amount paid: -The
amount paid by the consumer shall first be adjusted as per the priorities
stated hereunder:
a) Arrears as on 31 SI March of previous
financial year.
(b)
Arrears accrued from 1st
April of the current financial year till the date of bill.
c) Current month Consumption charges
4.6. Installment facility: - Licensee may
grant at its discretion, the facility of payment of arrears bills by
installments.
4.6.1 Grant of installment
facility shall not affect the liability of the consumer to pay additional
charges for delayed payment as per tariff notifications issued from time to
time, till full clearance of arrears. Apart from the additional charges
leviable for belated payment, such consumer shall be required to pay the
interest charges at 24% per annum on the amount outstanding out of the charges
allowed to be paid in installments.
4.6.2 The Licensee shall
designate and notify the authorities who may grant installment facilities for
LT and HT services from time to time.
4.7. Erroneous / Disputed Bills
4.7.1 The consumer shall make
the full payment of the electricity bill amount:
Provided
that the supply of electricity shall not be cut off if such consumer deposits,
under protest –
(a) an amount equal
to the sum claimed from him, or
(b) the electricity charges due from him for each month calculated on
the basis of average of amounts for electricity paid by him during the
preceding six months, whichever is less, pending disposal of any dispute raised
by the consumer on the bills.
4.7.2 The Licensee shall normally resolve the
billing disputes as per the standards of performance notified by the Commission
under section 57 (1) of the Act, failing which the consumer shall be entitled
for compensation as prescribed by the Commission under section 57(2) of the
Act, without prejudice to his right to seek relief through the Forum for redressal of grievances of consumers under section 42(5) of
the Act.
4.7.3 On examination of the complaint, if the
Licensee finds the bill to be erroneous, a revised bill shall be given to the
consumer indicating a
revised due date of payment, which should be fixed not earlier than seven days
from the date of delivery of the revised bill to the consumer. If the consumer
has paid any excess amount, it shall be refunded by way of adjustment in the
subsequent bills. The licensee shall pay to the consumer interest charges at
24% per annum on the excess amount outstanding on account of such wrong
billing.
4.7.4 If the Licensee finds the
bills to be correct the consumer shall be intimated accordingly and notified to
pay the amount with additional charges for belated payment from the due date.
4.8. DISCONNECTION OF SERVICE
4.8.1 Disconnection due to non-payment: -Where a
consumer neglects to pay any consumption charge for electricity or any other sum due
from him to a Licensee, by the due date mentioned in the bill, in respect of
supply of energy to him or in respect of supply, transmission or distribution
or wheeling of electricity to him, the licensee may, after giving not less than
fifteen (15) clear days' notice in writing to such person and without prejudice
to his rights to recover such charge or other sum by suit, cut off supply of
electricity and for that purpose disconnect
any electric supply line or other works being the property of such licensee
or the generating company through which electricity may have been supplied,
transmitted, distributed or wheeled and may discontinue the supply until such ,
charge or other sum, together with any expenses incurred by him in cutting off
and reconnecting the supply are paid, but no longer .
4.8.2 Notwithstanding anything contained in any
other law for the time being in force, no sum due from any consumer, under this
section shall be recoverable after a period of two years from the date when
such sum became first due unless such sum has been shown continuously as
recoverable as arrears of charges for electricity supplied and the licensee
sha11not cut off the supply of the electricity.
4.8.3 In case of continued default in payment of
electricity charges and any sum due to licensee by any consumer, the
Licensee shall be entitled to terminate the agreement executed by the consumer
as per the terms and conditions of supply of the Licensee as approved by the
Commission.
5. Restoration
of supply of electricity
If any
service is disconnected on account of non-payment of electricity charges or any
other charges due to licensee, the consumer has to pay the charges for
reconnection. The licensee shall restore the electrical supply in not more than
four working hours after production of the proof of payment of charges by consumer in towns and
cities and within 12 working hours after production of proof of payment of charges by consumer in rural
areas. However restoration of power supply will be attended to only between
6. Right of licensee to enter consumer
premises and to remove fittings or other apparatus of licensee
6.1.1
A licensee or any other person duly authorised by him may, at any time, and on informing the
occupier of his intention enter 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 the licensee; or
(b) ascertaining
the amount of electricity supplied or the electrical quantity contained in the
supply; or
(c) removing
any electric supply-lines, meters, fittings, works or apparatus belonging to
the licensee where a supply of electricity is no longer required or the
licensee is authorised to take away and cut off such
supply.
6.2 A licensee or 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 enter:
(a) any
premises or land referred to in clause for any of the purposes mentioned
therein, or
(b) 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.
6.3 Where a consumer refuses to allow a
licensee or any person authorised as aforesaid to
enter his premises or land in pursuance of the provisions of clause 6.1 or
clause 6.2, refuses to allow him to perform any act which he is authorised by those clauses to perform, or fails to give
reasonable facilities, the Licensee may after expiry of twenty -four hours from the
service of a notice in writing on the consumer, disconnect the supply to the
consumer till such refusal or failure continues, but no longer.
7.1 If the equipment i.e
electrical plant, lines or meter etc. of the licensee placed in the consumer
premises is found tampered, distressed/damaged, the licensee shall be entitled
to recover the expenses incurred for restoration of such plant, line, meter
etc., without prejudice to his right to take action under appropriate
provisions of the Act, including disconnection of supply under section 56 of
the Act for non-payment of the cost for replacement/rectification.
7.2 Wherever un-authorised
use of electricity is involved, the provision of section 126 shall apply and
where theft of electricity is involved, the provisions of section 135 shall
apply.
7.3 Wherever un-authorised
use of electricity is detected and a final order is issued by the
assessing officer, the consumer shall be entitled to file an appeal to the
appellate authority under section 127 of the Act.
8. Service of notice
8.1 Any order/ notice to the consumer by the
licensee including the notice under section 56 of the Electricity Act, 2003
shall be deemed to be duly served by the licensee if it is:
(a) Sent by registered post,
under certificate of posting, by courier, or other similar means, or
(b) Delivered by hand to the
person residing at the address notified to the licensee by the consumer, or
(c) Affixed at a conspicuous
part of such premises in case there is-no person, to whom the same can with
reasonable diligence, be delivered.
8.2 Documents or notices so posted under
clause 8.l (a) above, shall be presumed to have been
duly received by the consumer on the date on which he could be reasonably
expected to receive the same.
9. Meter Card / Pass Books:- A meter
reading card / pass book shall be maintained by the licensee at consumers’
premises in appropriate form and all periodical readings taken for billing
purposes, all check readings and meter changes should be recorded on the meter
card / pass book.
The
consumer shall ensure safe custody of such pass book / meter card and keep it in an
easily, accessible place for recording the meter readings and meter charge
particulars etc.
10. Interpretation: -This Regulation shall be
read and construed in all respects as being subject to the provisions of the
Electricity Act 2003 and Andhra Pradesh Electricity Reform Act 1998, the
provisions of any other law relating to supply of electricity for the time
being in force and nothing herein above contained in this Regulation shall
abridge or prejudice the rights of the Licensee and the consumer under
any Central or State Act or rules made thereunder.
11. Savings:
Nothing contained in this Regulation shall affect the rights and
privileges of the consumer under any other law for the time being in force,
including the Consumer Protection Act, 1986 (68 of 1986).
12. Powers to remove difficulties: - If any
difficulty arises in giving effect to any of the provisions of this Regulation,
the Commission may be general or special order, direct the Distribution
Licensee, the Forum and the Ombudsman to take suitable action, not being
inconsistent with the Electricity Act, 2003, which appears to the Commission to
be necessary or expedient for the purpose of removing difficulties.
13. Power to amend: - The Commission may, at
any time vary, alter, modify or amend any provision of this Regulation.