Registered No. WB/SC-247 No. WB(Part-I)/2013/SAR-293 Kolkata Gazette Extraordinary Published by Authority SRAVANA 16] WEDNESDAY, AUGUST 7, 2013 [SAKA 1935 PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.
No. 55/WBERC Kolkata, the 7th August, 2013.
In exercise of the powers conferred by sub-section (1) and clause (x) of sub-section (2) of section 181 read with section 50 of the Electricity Act, 2003 (36 of 2003) and the Electricity [Removal of Difficulties] Order, 2005 issued under notification No. SO 790(E) dated 8th June, 2005 in terms of section 183 of the Electricity Act, 2003 and all powers enabling it on that behalf, and in supersession of Notification No. 36/ WBERC dated 12.09.2007 published on 12th September, 2007 in The Kolkata Gazette, Extraordinary, the West Bengal Electricity Regulatory Commission hereby makes the following regulations:-
i) These Regulations may be called the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013.
ii) They extend to the whole of West Bengal.
iii) They shall come into force on the date of their publication in the Official Gazette.
2.1 In these Regulations, unless the context otherwise requires, -
(a) The "Act" means the Electricity Act, 2003;
("Central Grievance Redressal Officer" or "CGRO" means the Central Grievance Redressal Officer as specified in the Regulations made by the Commission under sub-sections (5) and (7) of section 42 of the Act;
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
(c) "Commission" means the West Bengal Electricity Regulatory Commission;
(d) "Conduct of Business Regulations" means the Regulations made by the Commission under section 92 and other relevant sections of the Act;
(e) "contract load" or "contracted demand" means the electrical load in Horse Power (HP) or Kilowatt (KW) or in Kilo Volt Ampere (KVA) which, in accordance with a signed contract or agreement between the licensee and the consumer, the licensee has committed to deliver and the consumer has the right to draw at the point of supply of the consumer at any or all time during the continuance of the contract or agreement;
(f) "Extra High Voltage (EHV)" means the voltage exceeding 33,000 volts under normal conditions subject, however, to the percentage variation by not more than 10 % on the higher side or not more than 12.5% on the lower side or as specified in the Regulations made by the Authority, as the case may be;
(g) "Fees Regulations" means the Regulations made by the Commission under clause (g) of sub-section (1) of section 86 of the Act;
(h) "Grievance Redressal Officer" means the Grievance Redressal Officer as specified in the Regulations made by the Commission under sub-sections (5) and (7) of section 42 of the Act;
(i) "High Voltage (HV)" means the voltage exceeding 650 volts but not exceeding 33,000 volts under normal conditions subject, however, to the percentage variation by not more than 6% on the higher side or not more than 9% on the lower side or as specified in the Regulations made by the Authority, as the case may be;
(i) "Licensee" means a person who has been granted a license under section 14 of the Act for distribution of electricity and includes a deemed licensee for distribution of electricity under first, fourth and fifth proviso to section 14 of the Act;
(k) "Low Voltage (LV)" means the voltage not exceeding 250 volts under normal conditions subject, however, to the percentage variation by not more than 6% or as specified in the Regulations made by the Authority, as the case may be;
(l) "Maximum demand" means the average amount of Kilowatt (KW) or Kilo Volt Ampere (KVA), as the case may be, delivered at the point of supply of a consumer and recorded during the thirty minutes period (fifteen minutes period in case of an open access customer) of maximum use in the billing period. The licensee, however, shall have the right to shorten this period in a special case, if necessary, with the prior approval of the Commission;
(m) "Medium Voltage (MV)" means the voltage exceeding 250 volts but not exceeding 650 volts under normal conditions subject, however, to the percentage variation allowed by not more than 6% or as specified in the Regulations made by the Authority, as the case may be;
(n) "Miscellaneous Regulation" means West Bengal State Electricity Regulatory Commission (Miscellaneous Provisions) Regulations, 2013 or any subsequent replacement of it;
(o) "point of supply of a consumer" means the point of commencement of supply of energy to a consumer as specified in the Central Electricity Authority (Measures relating to safety and Electric supply) Regulations, 2010 or any subsequent replacement of it;
(p) "Regulations" means the Regulations made by the Commission under the Act;
(q) "Rules" means the rules made under the Act;
(r) "Standard of Performance Regulations" or "SOP" means the Regulations as specified by the Commission under sub-section (1) of section 57 and sub-section (1) of section 59 of the Act.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
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.
Except in the cases of meter readings through Meter Reading Instruments or Automated Meter Reading System or remote meter reading system, where it will not be feasible to note down the meter reading on a card or a book or at any similar document, reading of a meter to collect data on the premises shall be taken in the presence of the consumer or his representative. If the consumer or his representative is available at the time of meter reading, the result of reading of the meter shall be recorded on a card or a book or any other similar document which shall be kept where the meter is located. The meter reader shall authenticate each meter reading by signing at the designated place in the card or book or document. He may also obtain the signature of the consumer or his representative.
If the consumer or his representative is not available at the time of meter reading or refuses to sign the card or book or document, the meter reading taken by the meter reader shall be presumed to be correct: Provided that the consumer shall be responsible for safe keeping of the card, book or document which is used to record the readings of the meter: Provided also that the aforesaid method of noting the meter reading on a card or book or document shall be put in place by the licensee in accordance with these Regulations except where the method is already in operation; Provided further that for post-billing there is no need to note down the meter reading on any card or book or at similar document in the premises of the consumer.
Where the meter reading is taken through Meter Reading Instruments or Automated Meter Reading System or remote meter reading system and it is not feasible to record such meter reading on a card, the reading shall be taken as per the prescribed method.
In case of monthly billing, meter reading should normally be taken between a period of twenty-eight days and thirty-two days of the last meter reading unless specifically exempted by the Commission in deserving cases keeping in view the regulations, the area of operation of the licensee, type of consumer. Similarly, in case of bi-monthly billing, meter reading should normally be taken between a period of fifty-eight days and sixty-one days of the last meter reading while in case of quarterly billing, meter reading should normally be taken between a period of eighty-eight days and ninety-one days of the last meter reading, unless specifically exempted by the Commission in deserving cases keeping in view the area of operation of the licensee, type of consumer. However, in case of exigencies arising from legal complexity and natural calamities like flood, earthquake, etc., deviation may be allowed by the Commission.
The due date for payment shall be within thirty days of the close of the billing month and may be staggered by the licensee at its convenience during the month.
payment within the due date; or if he wishes to make the payment, appearing either personally or through an authorized couer, where such arrangement exists, or by any other speedy means to the extent possible.
The en is allow wihraw he heme y poi e if such system is not found effective after implementation.
fo all cnrs. Te nme can on ad the il o su cly es n payment according o that bil. The licensee shall give wide publicity to his facility in printing in electricity bills.
any cnsme ts or downdi ioatn about hi negy bill o he wes may develop a specific format to give the option by the consumer.
rulation 3.nwhee sot billin s pe ulation 3.s o i u vail flies then the said consmer shal be allowed a certain rebate as will be decared by the Commission in the tariff order.
T s l ba domestic consumers, commercial consumers upto a contract demand of 6 KW and /or irrgation cmer peptio payment ye nsumes b k by the phe veoyhe n w il for by the licnsee.
Howevr, such trust billing wil ot beapplicable whee emote meteng is beitrucd. Sucmehani tust bil is subject followimodalis:
a While exercising such option of trust billing the consumer can select any of the modes out of conditions of the options:
to download the bill from the website or get through e-mail delivery in a manner as menned n the tes nd condions o the tins. Downadi o bill fom se will be treated in pursuance to regulations 3.1.8 and 3.1.9.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
iMeter reading to be taken and submitted by the consumers at the counter of the licensee and consumers to download the bill from the website or get through e-mail delivery in a manner as mentioned in the terms and conditions of the options. Downloading of bill from website will be treated in pursuance to regulations 3.1.8 and 3.1.9.
(iii) Meter reading to be taken and submitted by the consumers at the counter of the licensee and consumers to collect the bill printed by the licensee from the counter of the office of the licensee in a manner as mentioned in the terms and conditions of the options.
(iv) Meter reading to be taken and submitted by the consumers at the counter of the licensee and consumers to get the delivery of the bill printed by the licensee as per regulation 3.1.5 of these Regulations.
While accepting the option by the licensee in all such cases of exercising option in favour of trust billing by the consumer, the consumer shall be intimated about the methodology of communicating the consumer about the scheduled dates applicable to the consumer for each billing cycle as per regulation by which he is liable to take meter reading and submit the same to the licensee either at its designated office or through website along with the date and time of the meter reading as provided in the terms and conditions of the options. In case of options exercised through any of the options (ii), (ii) & (iv) under clause (a) above the licensee shall at e e bas d vn y he se Fots d clause above the licensee has o liability o delivering the bill once the bill is generated in the website or delivered through email. For option (ii) under clause (a) the licensee has no of the bill at the counter of its designated office as per the terms & condition set forth in the option form.
c) The consumer shall take the meter reading at the end of the billing cycle as per scheduled date and make the payment either in cash counter or through automated mechanized collection system or through e-payment gateway, as per the method mentioned in the terms & conditions of the option. The consumer shall submit such meter reading under 'trust billing' scheme within next three working days from the date of meter reading of such meter reading at the counter of the licensee. If such meter reading is submitted through website then submission of such meter reading shall be within the last day of the scheduled dates of meter reading. If the consumer does not submit the meter reading within the scheduled date then a bill will automatically be generated at 125% of the energy bill to be arrived at following the modality in case of non-accessibility as laid down in regulation 3.7 of these Regulations and the consumer will not be allowed to submit the meter reading for that billing cycle after the due dates of meter reading data submission. Such automatically generated bill due to non-submission of meter reading within scheduled time by the consumer under 'trust billing' scheme will be then hosted in the website which is to be collected by the consumer himself for all the cases related to options nil t lei bill to the consumer in any form. If such incidence occurs two times during any period of consecutive 12 months then the licensee at its discretion may debar the consumer from such trust billing facility.
The meter reading for such consumer will be taken by the licensee at least once in a year but not more than 6 times for the purpose of verification and inspection of the meter. On verification the meter reading may be declared to be proper if followings are observed. The meter reading by the licensee within the two days after submission of meter reading shows that average per day consumption of the consumer is within 1.05 times of the same as is submitted by the consumer.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
I the meter reading of the licensee beyond two days but not more than 10 days from the last date of submission of meter reading of the billing cycle for which already meter reading is taken by the consumer reflects that the per-day consumption is within 1.10 times of the same as is submitted by the consumer.
Any deviation beyond the above two conditions may be considered as improper. If after such verification as described above the submitted meter reading is found to be improper then the consumer will be charged for the differential amount of energy at 1.10 times of the energy charge prevailing at the time of inspection through a separate bill that will be raised by the licensee. In case of such improper meter reading in two instances or more during a period of two months the licensee at its discretion may debar the consumer from availing such trust billing facility.
e) If the licensee's representative does not get access, for more than two successive times to the consumer's premises for inspection of the meter inclusive of meter reading recording as per (d) above then the licensee can issue a notice separately or print in the next bill to be generated by the consumer mentioning the specific dates as per these Regulations when the inspection will be done to check the meter. In the same notice it shall also be mentioned that failure to enter the premises on the above mentioned date due to inaccessibility will result into effecting of disconnection under sub-sections (1) and (3) of section 163 of the Act. If on such mentioned date licensee's representative cannot have the access to the premises of the consumer for inspection and reading of the meter then the licensee may disconnect the services of the consumer.
f) If a consumer who is under trust billing scheme observes any defects or abnormality in meter.
g) The licensee may withdraw the scheme of trust billing after introduction of it after giving three months notice to the consumers who has participated in such scheme. However, in case of debarring of such facility to a consumer as per clauses (c), (d) and (e) above no such notice is required.
Consumer may call it bar reonm ele tbill such scheme is available to him.
The bills shall be so transparent as to enable the consumer to know and understand how much he is paying and what he is paying for.
The bill shall contain the following minimum details:
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
If licensee desires it can provide additional information and particulars. On additional information and particulars following guidelines are applicable:
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
Name and address of issuing authority is to be given; mentioned in the bill.
Payments of the bills; lodged; SOP Regulations, if any; message in the bill.
Available in the website of the licensee. Also be issued through e-mail too.
For six hours on a working day and three hours on a working Saturday.
Separate counters for senior citizens / physically challenged persons.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
The collection centers shall be located in such a way that normally consumers may not have to travel more than approximately two kilometers in urban areas and approximately four kilometers in semi-urban areas, villages etc. from his consumption point to make the payment of the bills. Where the collection center cannot be opened within the stipulated distance the licensee shall endeavour to make suitable scheme and arrangements to collect payment through Account Payee Cheque / Pay Order / Demand Draft from HV/EHV consumers or payment in cash against bills through any of the mechanism under regulation 3.3.4.
In addition to the above collection mechanism, the licensee may also introduce following way of collection of payment:
The billed amount shall be paid by the consumer in full unless lesser amount is permissible as per the provisions of the Act or the Regulations. The consumer shall have the option to pay either in cash or by Account Payee Bank Draft or Banker's Cheque or Local Cheque payable at the bank in the city where the collection center is located, participating in the local clearings of the place of such collection center.
The license shall issue a receipt to the consumer against payment of the bill by cash or Bank Draft or Banker's Cheque or Local Cheque. For payment by Bank Draft or Banker's Cheque or Local Cheque, such issuance of receipts shall be provided subject to realization of the same. For payment through credit card / debit card / net banking receipt shall be issued at counter or through online computer generated receipt in case of payment through such card in Internet. For payment through cash collection through ATM, receipt shall be machine generated. For payment through ECS or RTGS receipt of the payment can be shown in the next bill and such bill itself shall be considered as payment receipt. In case of non-realization of billed amount paid by Bank Draft or Banker's Cheque or Local Cheque or ECS or credit and debit card or RTGS, it will be treated as if the payment has ultimately not been made against the bill within the due date and may entail other consequences, namely, disallowance of rebate for timely payment, levy of delayed payment surcharge and bank charge, etc. Beside such charges the consumer will be liable to pay an additional charge of Rs 50/-. This is without prejudice to any action under any other Act for the time being in force. The consumer shall also pay an additional charge equal to bank charges applicable on the licensee from time to time towards dishonour of any instrument by which any bill is paid.
The facility for payment by Cheque or Bank Draft may be withdrawn for twelve months from such consumer whose cheque or bank draft has been dishonoured unless the licensee is convinced that dishonour of the instrument was not within the control of the consumer.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013 [PART I]
provide any of the followings :
but not more than annual interest rate of 9%.
provisions of the Act and the Regulations.
raised for balance payment, if any.
card, net bin and RTG, is sujec te folo cndos :
be determined by the Commission.
through e-pyment gateway the liability willie on the consumer.
the receipt of the payment against the bill.
PART I] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
The licensee may also introduce a system for all LV & MV domestic consumers, commercial consumers up to a contract demand of 6 KW and Irrigation consumer to pay his bill amount after getting billing information from the automated mechanized collection system and the receipt of the payment will be a valid document regarding his payment for the concern bill. The consumer need not be required to collect and preserve the copy of the bill, if he desires so.
For recovery of outstanding dues following activities are to be followed:
The licensee shall be eligible to recover from a new and subsequent consumer(s) the dues of the previous and defaulting consumers in respect of the same premises only if a nexus between the previous and defaulting consumer(s) and the new consumer(s) in respect of the same premises is proved. The onus of proving a nexus, if claimed by a licensee, shall lie on the licensee.
The licensee may grant at its sole discretion the facility of payment of arrear bills to any consumer by suitable instalments with delayed payment surcharge subject to sub-section (2) of section 56 of the Act.
In case there is any dispute in respect of the billed amount, the consumer may lodge a complaint with the Grievance Redressal Officer or the Central Grievance Redressal Officer of the licensee and thereafter to the Ombudsman in appeal against the order of the Grievance Redressal Officer or the Central Grievance Redressal Officer, if the consumer is aggrieved by the order of the Grievance Redressal Officer or the Central Grievance Redressal Officer, in accordance with the provisions of the concerned Regulations. In such a case, the aggrieved consumer, pending disposal of the dispute, may, under protest, pay the lesser amount out of the following two options:
The amount so calculated provisionally as per clause (ii) above by the licensee and tendered by the consumer shall be accepted by the licensee against that bill on provisional basis.
If any aggrieved consumer makes a provisional payment, as aforesaid, no penal measure including disconnection for non-payment shall be taken against him till the dispute is settled either at the level of the Grievance Redressal Officer or the Central Grievance Redressal Officer or the Ombudsman, as the case may be. However, imposition of a delayed payment surcharge, if applicable, shall not count towards a penal measure for this purpose.
derin nabl
dctivea bcn ragrdenin ngy bdnny y cn
adjusting the amount already collected.
plin average consumption for the last six months; nspti similar pe the as yr.
PART I] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
Provided that where the actual consumption is not available either for the calculation of average consumption of last six months or similar period of last year, the consumption shall be estimated on the contract demand of the consumer as per load factor on the basis of which security deposit of a new consumer of the same category is calculated at the time of new service connection.
On availability of actual meter reading, the consumer shall be charged for the actual consumption adjusting the provisional amounts already paid.
In case of non-accessibility of consumer premises for more than two consecutive billing cycle, the licensee shall issue a notice through the bill of the above second billing cycle mentioning the specific dates as per these Regulations when the inspection will be done to check the meter and also to have meter reading for the next billing cycle. In the same notice it shall also be mentioned that failure to enter the premises in the above mentioned date due to inaccessibility will result into effecting of disconnection under sub-sections (1) and (3) of section 163 of the Act. Even if on such date licensee's representative cannot have the accessibility then the licensee may disconnect the premises under sub-sections (1) and (3) of 163 of the Act.
In case the meter reading of a consumer for a billing cycle shows unusual variation, the consumer shall be charged provisionally at the prevailing tariff on the basis of the following consumption amount as will be decided by the licensee:
Provided that where the actual consumption is not available either for the calculation of average consumption of last six months or similar period of last year, the consumption shall be estimated on the contract demand of the consumer as per load factor on the basis of which security deposit of a new consumer of the same category is calculated at the time of new service connection.
In this context, it is to be noted that where the consumer is an industry or under HT commercial or irrigation category and whose consumption varies substantially according to season, then he shall have to pay on the basis of consumption pertaining to the past months of the season of the same year or corresponding month of the previous year, if available, as considered appropriate by the licensee at prevailing tariff. Otherwise, the method of calculation for consumption shall be like other consumers.
If the unusual consumption does not continue in the next billing cycle, the consumer shall be charged for the actual consumption for both the billing cycles adjusting the provisional amount already paid.
In case the meter reading shows unusual consumption in the next billing cycle also, the consumer shall be informed in writing and shall be advised to clarify the reason for sudden change in consumption by the licensee. If the explanation given by the consumer is found to be satisfactory by the licensee, the consumer shall be charged for actual consumption for both the billing cycles. If, however, the explanation given by the consumer is not found to be satisfactory by the licensee or no explanation is given by the consumer or if the meter is suspected to be defective either by the consumer or by the licensee, the licensee shall keep a test meter connected in series with the existing meter for a reasonable period to check the correctness of the meter to the satisfaction of both the licensee and the consumer. If on the basis of test results the existing meter is found to be defective, the existing meter shall be replaced by a tested correct meter by the licensee and the provisions of regulation 3.6 shall apply for payment of bills in respect of this defective meter.
3.9 Noal
3.9.1 the following conditions -
once in a year.
3.10 Preservation of the bill copy by the licensee:
T
dispute.
3.11 Metering:
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
For the purpose of energy billing by recording of energy consumption of a consumer, only the above mode of metering will be considered.
For smart meter, if accessories are required to be installed at the consumer's premises for the purpose of different requirements under smart grid implementation, then the consumer will provide the space for such installation. For the smart metering purpose the licensee shall submit its proposal to the Commission for approval giving details of the scheme for such smart metering for which the Commission will come out with an order. For introduction of smart meter Commission may bring out necessary orders which may be applicable for such cases. On stabilization of the Smart metering system the appropriate regulations will be framed subsequently. It is to be noted that where smart meter will be introduced it will be mandatory.
The licensee shall issue a disconnection notice under sub-section (I) of section 56 of the Act through the bill against electricity consumption under regulation 3.2 or regulation 3.5 (for provisional payment) itself, where following issues shall be specifically mentioned:
For any post paid consumer the licensee shall issue the notice for security deposit and the related issues as per provisions in Miscellaneous Regulations.
The disconnection as per regulation 4.1.1 or 4.1.2 can only be effected subject to satisfaction of sub-section (2) of section 56 of the Act.
The licensee may disconnect or cut off supply of electricity to any defaulting consumer who fails or neglects to pay the electricity charges and/or other charges due from the consumer as per the electricity bill and/or demand notice subject to fulfillment of the conditions of regulations 4.1.3 and 4.1.1 or 4.1.2 whichever is applicable.
Where the payment mechanism is through Letter of Credit (LC), in such case for non-payment by LC for any reason whatsoever, the licensee can disconnect the supply irrespective of the fact whether the reasons of non-payment are attributable to the consumers and/or to the respective banks.
In case the consumer produces clear proof of payment of the bill for which the notice for disconnection was issued to him under regulation 4.1.1 and/or the amount he claims to have paid on account of energy charges and/or other charges, is indeed the correct amount, the distribution licensee shall withdraw, in writing, the disconnection notice and make appropriate adjustments of the amount already paid, if necessary, with the next electricity bill. However, on the other hand, the consumer...
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
If a disconnection was issued to him under regulation 4.1, and is less than the amount payable by him, and the consumer fails to pay the sum demanded within the time period specified in the notice, the licensee may disconnect supply to him without any further notice.
The supply shall not be cut as a consumer dispute the amount charged from the pending payment. The notice period may be 30 days as the case may be, the less of the following amounts:
In case of dispute as referred by the concerned authority, the licensee shall proceed to be dealt with in terms of the said Regulations and the notice issued under regulation 4.1 shall stand cancelled. On settlement of dispute, as per the order of the designated authority, adjustment will be done by the licensee in the bills of the next available billing cycle.
Who prejudices the provisions of the Act, the licensee may cause to be disconnected the supply to a person and/or premises immediately upon detection of the unauthorized electricity by an order by an authorized officer as mentioned in sub-section (1A) of section 135 of Electricity Act, 2003.
Provided that where for unauthorized use the consumer gives an undertaking to pay the provisionally assessed amount as per regulation 5.1(b) of these Regulations immediately within 48 hours, the disconnection shall not be effected up to that 48 hours.
The licensee may disconnect the supply of electricity to a consumer if he uses the energy in such a manner as to endanger the licensee's service line, supply mains, meters and other plants and/or equipment and works of the licensee or uses any appliances or equipment that may similarly cause damage. For the reason as mentioned, the licensee shall also check the connected load and compare it with the declared usage found by engineering the equipment. Then reconnection will be done only after completion of necessary formalities by the consumer for enhancement of load.
Before disconnection is effected under regulation 4.3.1, the licensee shall give a notice in writing to the concerned consumer, stating the reasons for the proposed disconnection and calling upon him to remove such reasons within forty-eight hours from the receipt of the notice, and supply may be disconnected if the cause is not removed within the notice period. Provided the licensee may relax the time period of removing such reasons depending on the actual situation.
If however, the consumer removes the cause(s) for endangering the licensee's service lines, supply lines, etc., within the notice period, there shall be no disconnection of supply to the consumer.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
where any action of a consumer in using the energy supplied may, in the opinion of an officer of the licensee not below the rank of a Sub-Assistant Engineer, cause injury to any person or cause loss of human life and / or property, the licensee may disconnect supply to that consumer within the notice period as stated in regulation 4.3.2 or even without any notice. In such a case the officer of the licensee who is taking the decision to disconnect must submit a report within twenty-four hours of disconnection to his immediate superior officer who shall recheck the facts on the basis of which the decision to disconnect the supply on the ground of emergent circumstances as laid down was taken and inform the consumer, in writing, the reasons leading to such disconnection within a period of forty-eight hours from the time of disconnection.
The licensee shall disconnect the supply of energy to a consumer, if the latter makes such a request in writing, within two working days of making the written request. It shall be the duty of the consumer to clear all the outstanding payments payable by him to the licensee except the last bill for supply till the date of disconnection before making a request for such disconnection. The consumer shall collect the last bill from the licensee and make the payment. In default, the amount shall be adjusted by the licensee against his security deposit.
The licensee may disconnect the supply of electricity to a consumer, if the latter makes any incorrect or wrong declaration for obtaining new connection or any matter related to supply of electricity.
Before disconnection is effected under regulation 4.5.1, the licensee shall give a notice in writing to the consumer concerned stating the reasons for the proposed disconnection and calling upon him to state within seven days from the date of receipt of the notice, if the consumer has anything to state in the matter, and the supply may be disconnected if the explanation of the consumer is not satisfactory or if no response is received from him.
If the power supply to any consumer remains disconnected continuously for a period of one hundred and eighty days where the disconnection has been effected in compliance with any of the provisions of the Act or Regulations, the agreement of the licensee with the consumer for supply of electricity shall be deemed to have been terminated with consequential effect on expiry of the said period of one hundred and eighty days. This will be without prejudice to such other action or the claim that may arise from the disconnection of supply or related issues therefor. On termination of agreement, the licensee shall have the right to remove the service line and other installations through which electricity is supplied to the consumer.
The licensee shall take appropriate action against the consumer or consumer-in-default in terms of the provisions of the Act, Rules and Regulations apart from any other remedy provided in any other law for the time being in force.
If in any occasion during the period of 180 days as mentioned in 4.6.1 the security deposit becomes inadequate then the agreement for supply of electricity shall be deemed to have been terminated instantly and outstanding dues shall be realized by way of invocation of the security amount.
Notwithstanding anything contained contrary elsewhere in these Regulations were deemed termination of agreement has taken place, then on the basis of application for any consumer new service connection can only be provided in the same premises if the outstanding dues against the deemed terminated consumer is cleared along with the late payment surcharge.
Disconnection of supply under regulations 4.1.1, 4.4.1 and 4.5.1 shall be effected during day time.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
and fixed charge or demand charge as applicable.
as will be decided by the licensee.
A 127 of the Act and recovery of charges in connection therewith:
following method.
| P | = | A + B - C |
|---|---|---|
| Where | ||
| P | ||
| A | KW | |
| B | o | |
| the case may be, as per prevailing tariff order x 2; | ||
| C | assessment is made under section 126 of the Act. |
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
Note:
| Voltage | Consumer category | Load Factor |
|---|---|---|
| LV & MV | Domestic | 50% |
| LV & MV | Non-domestic | 75% |
| LV & MV | Agriculture | 75% |
| HV & EHV | All | 85% |
(b) Where the unauthorized use is not covered by clause (a), (b), (c) and (d) of sub-section (1) of section 135 of Electricity Act, 2003 but such unauthorized use is for the purpose other than for which the usage of electricity was authorized and/or, such unauthorized use is for the premises or areas other than those for which the supply of electricity was authorized (except the condition covered under (c) below), then the provisional assessed amount (P1) under sub-section (1) of section 126 of the Act shall be as follows:
P1 = A1 + B1 - C1
Where -
Where, MRE will be as follows for different conditions:
MRE = Energy consumed as per meter reading between the date of final reading as available in the latest bill which was raised prior to detection of this unauthorized use and the date when such unauthorized use is detected. 2. when the latest bill raised prior to detection of the unauthorized use is based on assessed consumption due to non-accessibility of meter reading as per regulation 3.7 of these Regulations and the meter is found not to be defunct or defective, then —
MRE = Energy consumed as per meter reading between the latest available date of final meter reading as per the energy bill raised as per meter reading prior to detection of unauthorized use of electricity and the date when such unauthorized use is detected. 3. when the latest bill raised prior to detection of the unauthorized use is based on assessed consumption due to defunct or defective meter in terms of regulations 3.6 and 3.8 of these Regulations then
MRE = Assessed consumption following the same basis as considered in the latest bill for the period between the latest available date of final meter reading as per energy bills raised as per meter reading prior to detection of unauthorized use of electricity and the date when such unauthorized use of electricity detected. However, the period between two dates are subject to the stipulations made in sub-section (5) of section 126 of the Act.
B1 = Total connected load at the time of inspection in Kilo Volt Ampere (KVA) or contract load in KVA whichever is higher x Applicable rate of fixed charge or demand charge, as the case may be, for the purpose for which the electricity is consumed as per prevailing tariff order x number of months (in case of any fraction, one full month shall be considered as payable subion).
C1 = The electricity charges already paid by the person, if any, for the period for which the assessment is made under section 126 of the Act.
(c If any consumer extends the service from his own premises for which service connection has been taken as consumer to another premises where the licensee has disconnected the services for any reason whatsoever, in such case for provisional assessed amount (P2) under sub-section (1) of section 126 of the Act shall be as follows:
P2 = A2 + B2 - C2
Where -
P2 = The charges payable by the person for unauthorized use of electricity during a period.
A2 = MRE x applicable rate of energy charge for the purpose for which the energy is consumed during the period concerned as per prevailing tariff order x 2;
Where, MRE will be as follows for different conditions:
MRE = Energy consumed as per meter reading between the date of commencement of such unauthorized use of electricity and the date of detection of such unauthorized use of electricity. However, the period between two dates are subject to the stipulations made in sub-section (5) of section 126 of the Act.
e consumption due to non-accessibility of meter reading as per regulation 3.7 of these Regulations and the meter is found not to be defunct or defective, then MRE = Energy consumed as per meter reading between the date of commencement of such unauthorized use of electricity and the date of detection of such unauthorized use of electricity subject to the stipulation made in sub-section (5) of section 126 of the Act.
he consumption due to defunct or defective meter in terms of regulations 3.6 and 3.8 of these Regulations then MRE = Assessed consumption following the same basis as considered in the latest bill for the period between the date of commencement of such unauthorized use of electricity and the date of detection of such unauthorized use of electricity subject to the stipulations made in sub-section (5) of section 126 of the Act.
B2 = Total connected load at the time of inspection in Kilo Volt Ampere (KVA) or contract load in KVA whichever is higher x Applicable rate of fixed charge or demand charge, as the case may be, for the purpose for which the electricity is consumed as per prevailing tariff order x number of months (in case of any fraction, one full month shall be considered) subject to the stipulations made in sub-section (5) of section 126 of the Act.
C2 = The electricity charges already paid by the person, if any, for the period for which the assessment is made under section 126 of the Act.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
(When the unauthorized use of electricity is covered both by (a) and (b) in such case (a) will be applicable. On the other hand when unauthorized use of electricity is covered both by (a) and (c) in such case (a) will be applicable.
The order of provisional assessment under sub-section (1) of section 126 of the Act shall be served within forty eight hours of disconnection under regulation 4.1 or within forty eight hours of inspection when disconnection is not effected, as the case may be, upon the person, in occupation or possession or in charge of the place or premises, by the concerned assessing officer. In no case the assessing officer and the grievance redressal officer shall be the same person of the licensee. In cases under that the assessing officer and grievance redressal officer are the same, then any one officer at higher rank of that person, as will be determined by the licensee, will be considered as grievance redressal officer for the specific case.
A person, who is not satisfied with the order of provisional assessment, may file his written objections against the provisional assessment with the assessing officer, who has passed the provisional order of assessment, within fifteen days from the date of receipt of the order of provisional assessment.
On receipt of written objection under regulation 5.3, the assessing officer shall fix the date, time and venue for hearing the person or his authorised representative and intimate the same to the person, in writing, so as to reach the person at least seventy two hours before the scheduled date and time of hearing. The person may appear in person or depute his authorised representative for being heard by the assessing officer. The person being authorised or deputed must submit to the assessing officer a "Letter of Authority" duly signed by the person, who is not satisfied with the order of provisional assessment, providing the name, address and the attestation of the representative being authorised for this purpose. After hearing the person or his authorised representative, the assessing officer shall pass the final order of assessment within thirty days from the date of service of order of provisional assessment under regulation 5.3 and serve the final order of assessment on the person within seven days from the date of such order. If the person or his authorised representative fails to attend the hearing, the final order of assessment may be passed by the assessing officer ex-parte. The final assessment shall also be based on the methods as mentioned in regulation 5.1.
Under sub-section (1) of section 127 of the Act, the form for the appeal and the manner of verification thereof shall be such as specified in the Conduct of Business Regulations. The fees payable shall be such as specified in the Fees Regulations.
For preferring an appeal under sub-section (1) of section 127 of the Act, the person may submit an application in the format given in Annexure - 1 to the licensee within seven days from the date of receipt of the final order of assessment or deposit with the licensee along with the assessment amount. The application shall indicate the bill separately to whom it was sent and also the authority in whose favour the demand draft is to be drawn.
After receiving the order of the appellate authority under sub-section (3) of section 127 of the Act, which shall be passed by the appellate authority within a reasonable time, the assessing officer shall work with the licensee to raise the bill after necessary adjustment and send the same to the consumer in such a manner that the consumer receives the bill within seven days from the date of receipt of the order of the appellate authority by the assessing officer.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
licensee according to the declaration in the final order.
per SOP.
which such disconnection has taken place.
from the time of payment of the assessed amount.
reconnection shall be done within 48 hours.
n
without any prejudice to any provision of these Regulations.
PART I THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
If the lens is installed met pole then the consumer part will be insulated properly and there will be no joint/junction box or bare part up to the main switch/cut out. The service line between the main switch and meter will be owned by the consumer and to be maintained by the consumer.
According to delivery bills reading etc., the lines, meters, fittings, works, validation check for pre-paid meters etc.:
The employees of a licensee or anyone acting on behalf of the licensee shall have access to the premises of a consumer at any reasonable time for the purposes of delivery of bills etc, reading of meters, validation reading for pre-paid meters, testing or repairing or altering the electric supply lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee, disconnection of supply for any reason in accordance with the provisions of the Act or Regulations or Rules or orders of any competent authority, restoration of supply, removal and/or replacement of electric lines, meters, fittings, works or apparatus etc. belonging to the licensee, installation and/or maintenance of electric lines, meters, fittings, works or apparatus etc. belonging to the licensee.
Subject to the applicable provisions of these Regulations, the licensee shall also have power to enter the premises of a consumer for the purpose of examining and testing of electric supply lines, meters, belonging to the licensee also for the purpose of removing them to section 163 of the Act, in the manner provided therein.
All employees of a licensee who are required to enter the premises of consumers, shall carry proper identity cards having the photographs, names, designations, etc. issued by an officer of the licensee authorized to issue such identity cards. Any one acting on behalf of the licensee, but not an employee, shall carry the orders issued by a suitably authorized officer of the licensee, describing the work to be done and specifying the premises where the work would be done.
The employees of the licensee or anyone acting on behalf of the licensee shall produce to the consumer the identity cards or job sheets or orders for carrying out works described in regulations 8.1.1 and 8.1.2.
The employees of the licensee, or anyone acting on behalf of the licensee, who enter the premises of a consumer in connection with work described in regulations 8.1.1 and 8.1.2 shall be equipped with the name(s), full office address(es) and telephone number(s), if any, of the concerned higher officer(s) and shall provide this information to the consumer or his representative, on demand, when they/he enter(s) the premises of the concerned consumer so as to enable the consumer to check with such higher officer(s) the reasons for the access to his premises or lodge complaints, if any.
When there is reason to suspect that a consumer is indulging in theft of power or misuse of power or use of power for any purpose for which power has not been supplied to him, or supply of power unauthorizedly to another consumer, supply to whom has been disconnected for contravention of the provisions of the Act or Regulations or Rules or by orders of any competent authority, the employees of the licensee or anyone acting on behalf of the licensee shall have the right to enter the premises of such a consumer at any time for the purpose of inspecting and/or checking the electric supply lines, meters, fittings, works and apparatus, etc. in order to satisfy themselves/himself about the suspected theft etc. of power.
Prvidedtnal
Prvide tatn nt such premises.
For nterinonaonn half
d
dslinnroyow a demands.
T te beo ty, explai the oninhe e.
Ihe n wennn o
In
Douti.Ar anyingin ty forcintyrpltiingnnsni Ti A no longer.
The mloya
Thployynggbye lartyin r s Att . Regulations.
Lne a a a Lig-paaa lationts dlter inwing onpayinnn ayc os T Tw i connection is to be taken.
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
If consumer does not pay advance payment then the service line will be disconnected under regulation 4.1.1 of these Regulations.
Where such above advance payment mechanism is applied it will be continued at least for next three years or more than that as will be determined by the licensee.
Prior to shifting the consumer on pre-paid meter or advance payment mechanism due to the above mentioned reasons the security deposit lying with the licensee for that consumer shall be adjusted in the pre-paid recharge amount or in advance payment of the consumer or such amount will be refunded to the consumer as deemed fit by the licensee.
If there is an advance payment, then the admissible security amount will be realized from the consumer prior to shifting to such mechanism.
The West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 issued under Notification No. 36/WBERC dated 12th September 2007, published in the Kolkata Gazette, Extraordinary on 12th September 2007 is hereby repealed. Notwithstanding such repeal, all actions inconsistent with these Regulations, be deemed to have been done or taken under the corresponding provisions of these Regulations.
Nothing in these Regulations shall be deemed to limit or otherwise affect the inherent power 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.
If any difficulty arises in giving effect to any other provisions of these Regulations, the Commission may for reasons to be recorded in writing direct the licensee or consumer by general or special order as necessary for removing the difficulty.
By Order of the Commission
Place: Kolkata
Date: K. P. BHAR, Secretary
THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
Date:
To (The Name of the Licensee and the address of the Office concerned)
Application for deposit of half of the amount finally assessed in respect of (Name of the consumer)....
Servic.on.....Cmer No. and preferring an appeal.
I
Elecricit at
Signature of the consumer (s)
Date:
Name (s) of the consumer (s)
Telephone No.
Mobile Phone No.
N.B. T qut
Altivel
PART I] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 7, 2013
To
(The Name of the Licensee and the address of the Office concerned)
Acceptance of the order of provisional assessment / final assessment made in terms of sub-section (1) / sub-section (3) of section 126 of the Act in respect of [Name of the consumer(s).... Service Connection No. ... / Consumer No.
I/W . ..... (cp making payment of the sum(s).
Date :
Signature of the consumer(s)
Name (s) of the consumer(s)
Telephone No.
Mobile Phone No.
N.BT consumer may use copies of this form;
(Government of West Bengal Enterprise), Kolkata 700 056
Registered No.WB/SC-247 No.WB(Part-I)/2013/SAR-306 Kolkata Gazette H44 Extraordinary Published by Authority SRAVANA 25] FRIDAY, AUGUST 16, 2013 [SAKA 1935
FD-415A, POURA BHAVAN, 3RD FLOOR, SECTOR - III
BIDHANNAGAR, KOLKATA - 700 106
No. WBERC/Regulation/40/13-14/0952 Kolkata, the 16th August, 2013.
CORRIGENDUM to 'Date of issue of Notification' at the bottom of page No 25 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 published under Notification No. 55/WBERC dated 7th August, 2013 in the Kolkata Gazette Extraordinary on Wednesday, August 7, 2013.
As there has been a printing mistake i.e., omission of date of issue at the bottom of page No 25 of West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013 published under Notification No. 55/WBERC dated 7th August, 2013 in the Kolkata Gazette, Extraordinary on Wednesday, August 7, 2013, West Bengal Electricity Regulatory Commission (WBERC), therefore, issues the following corrigendum:
| Page No. | Nomenclature | Existing Description | Corrected Description |
|---|---|---|---|
| 25 | Last line to the left of the page. | Date: | Date:07.08.2013 |
By Order of the Commission
K. P. BHAR,
Secretary of the Commission.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd (Government of West Bengal Enterprise), Kolkata 700 056