UTTAR PRADESH ELECTRICITY SUPPLY CODE, 2005
The Electricity Supply Code, 2005 (hereinafter called 'Code'), shall be applicable to all distribution licensees in their respective licensed-areas in the State, from the date the Commission may, by notification, appoint for the purpose. The Code enlists the obligations of the Licensee and consumers vis-a-vis each other and specifies the set of practices to provide efficient, cost-effective and consumer friendly service to the consumers. It inter alia deals with the following:
(a) Procedure for new connection and for enhancement or reduction of load.
(b) Recovery of electricity charges and intervals for billing of electricity charges.
(c) Disconnection, reconnection and restoration of supply of electricity.
(d) Tampering, distress or damage to elect
(i) The Commission shall set up an Electricity Supply Code Review Panel (ESCRP). The ESCRP shall perform the following functions and shall meet at least once in a year-
(a) to consider views from licensees, consumers and other interested parties about the implementation of the Code,
(b) to assess compliance by licensees with conditions of supply, protection of consumer interests, overall performance of utilities and recommend changes in the Code wherever needed,
(c) to review the Code due to any operational problems faced by them in implementation of the Code,
(d) ESCRP shall consist of following Members:
(a) The Chairman 1- Member of the Commission shall be Ex-officio Chairman of ESCRP.
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(i) Any Licensee, consumer or other interested persons desiring any change in this Code shall send the proposal in writing to the Secretary of the Panel in one soft copy, accompanied with 4 hard copies specifying the reasons for such change and setting out the attendant circumstances.
(ii) The Secretary of the Panel shall prepare comments and place before the Members prior to the date of meeting.
(iii) The Secretary shall consider the comments of the members during the meeting, and if necessary, may invite and hear the person who had submitted suggestions requiring changes.
(iv) The Panel may, in considering the suggestion and the comments of the members thereon, set up sub-committees to study the related issues.
(v) The Panel shall, after finalizin
(i) The Commission may amend the Code suo motu or on the recommendations of ESCRP. However, before any amendment is made in the Code, comments on the proposed changes shall be obtained from all the Supply Licensees and public.
(ii) Any change in the Code shall be placed on the website of the licensee and UPERC, and a notice briefly highlighting the changed clauses, shall be issued to this effect by the licensee in at least two newspapers having vide circulation in licensees area of supply. The copies of changes in Code shall also be kept in all local offices of the licensee.
The licensee may refer to their own manual or orders in the matters not specifically covered in this Supply Code, provided that such guidelines are not inconsistent with any of the provisions in this Supply Code and the Electricity Act, 2003.
Words, terms and expressions defined and used in this 'Code shall have and carry the same meaning as defined in the Electricity Act, 2003, U.P. Electricity Reforms Act, 1999 to the extent not in inconsistent with the Electricity Act, 2003, Indian Electricity Rules, 1956 till regulations under Section 53 of the Electricity Act, 2003 are issued, and rules and regulations made therein under these Acts as amended from time to time.
The expression used in this Code but not specifically defined in the Act or any law passed by the Parliament shall have the meaning, as had been generally assigned in the electricity supply industry before the U.P. Electricity Supply Code 2002 came into force.
In case of any inconsistency between the Supply Code, 2005 and Tariff Order in force, the provisions and meanings contained in Tariff Order in force at that
(a) "Act" means Electricity Act, 2003 and the provisions of the Uttar Pradesh Electricity Reforms Act 1999 (U.P. Act No. 24 of 1999) to the extent not inconsistent with the Electricity Act, 2003;
(b) "Agreement" means an agreement, with its grammatical variations and cognate expressions, entered into by the Licensee and the consumer under this Code;
(c) "Apparatus" means electrical apparatus and includes all machines, fittings, accessories and appliances in which conductors are used;
(d) "Applicant" means an owner or legally authorised occupier of any premises, who makes or intends to make an application for getting electricity from the Licensee;
(e) "Area of Supply" means the area within which a distribution Licensee authorised by his license to su
Note I. - Conversions:
If any rating is in KVA, the same may be converted to KW by multiplying the KVA figure with a power factor of 0.90 or any other value the Commission may specify in the tariff order; if the same or any other apparatus is rated by the manufacturer in HP, the HP rating shall be converted into KW by multiplying it by 0.746.
KW = 0.746 * HP
KW = 0.90 * KVA]
Note II.-Names of Offices and Designation of Officers:
In this Code the names of offices such as Sub-Divisional Office, Divisional Office, Circle Office etc. and designations of officers such as Assistant Engineer (AE), Sub-Divisional Officer (SDO), Executive Engineer (EE), Deputy General Manager (DGM) etc. if appearing, refer to the
(a) The Licensee shall as far as possible supply and maintain uninterrupted power supply at a frequency between 49.02 and 50.5 Hz, which is the frequency band for operation of the grid ordered by the Central Electricity Regulatory Commission.
(b) The declared voltage of the AC supply shall be as follows:
(1) Low Tension (LT) - Single Phase: 230 volts between phases and neutral. Three Phase: 400 volts between phases.
(2) High Tension (HT) - Three Phase: 6.6 KV/11 KV/33 KV. For existing Railway Traction supply shall be single phase at 25 KV.
(3) Extra High Tension (EHT) - Three Phase: 66 KV/132 KV/220 KV. Two Phase at 132 KV/220 KV for existing Railway Traction:
Provided that the actual voltage/frequency ma
The Licensee, unless the technical conditions of the distribution system otherwise permit, shall give supply at a voltage and phase indicated as below:
(i) Low Tension
(a) All installations including Private Tubewells and Pump sets, with a contracted load less than 5 KW - Single phase at 230 V
(b) Private Tube wells and Pump sets and all installations with a contracted load of 5 KW or more and up to 50 KW/56 KVA - 3 Phase, 4 wire at 400 V.
(ii) High Tension
(a) Contracted load exceeding 56 KVA and up to 3000 KVA - 3 Phase at 6.6/11 KV.
(b) Contracted load exceeding 3000 KVA and up to 10000 KVA - 3 Phase at 33 KV.
(ii
(a) The above classification of supply shall apply to new connections/additional loads to be sanctioned after the notification of this Code.
(b) However, if the licensee so requires, may convert the existing services at their cost without the benefit of higher voltage tariff to the consumer. To avail the benefit of higher voltage tariff, consumer shall bear the cost of conversion of existing services.
(c) The existing consumers, who apply for reduction of load, shall have the option to continue in their existing system of supply. However, if the Licensee agrees to bear the cost of change in system of supply after reduction of load, the consumer and the Licensee shall follow the clause 3.2.
(d) The Licensee may, depending upon the technical conditions of the distribution system, give supply at
(a) Load for Arc/Induction furnaces, Rolling Mills, Re-rolling Mills and Mini Steel Plants, of 1000 KVA and above, shall be released only through an independent feeder and all necessary charges including the feeder cost shall be paid by the consumer.
(b) In other cases including townships/complexes, domestic or non-domestic or institutions, the supply may be given at independent feeder for load above 500 KVA, including those industries mentioned in clause 3.4(a) above but having load less than 1000 KVA, at the request of the consumer/applicant, if he is willing to bear all applicable charges, subject to technical feasibility and availability of bay/corridor at the sub-station.
Provided that for releasing the supply to consumer/applicant on independent feeder, having load below 500 KVA, it shall depend on nature and purpose of supply such
(a) It shall be obligatory for the consumer to maintain the desired average power factor of 0.9 for his load or any other value that the Commission may specify in its Tariff order during any billing period.
(b) The Licensee may disconnect the supply temporarily if power factor is below 0.75 unless otherwise specified in the tariff order, during any billing period as per details given in clause 4.36(c).
(c) The Licensee may charge a penalty and/or give an incentive for low/high power factor respectively as per the tariff order of the Commission.
(a) The Licensee shall ensure that the load unbalances does not exceed 5% at the point of commencement of supply.
(b) The consumer taking three-phase supply shall also balance his load in such a way that the difference in loading between each phase does not exceed 5% of the average loading between the phases.
(c) The licensee may submit to Commission the procedure and time frame desired for levying charges on consumer/providing compensation to consumers, for not complying to (a) and (b) above.
The Licensee may classify or reclassify consumers into various categories from time to time and may fix different tariffs for different categories of consumers with the approval of the Commission. The existing classification is given in Annexure 3.1.
(a) Tariff and other charges for the supply of electricity shall be announced by the Licensee with the approval of the Commission in accordance with Section 24 of the U.P. Electricity Reforms Act, 1999 to the extent consistent with provisions of the Electricity Act, 2003. Such tariffs or charges shall take effect only after seven days from the date of publication in at least two daily newspapers having wide circulation in the area of supply. The charges may include-
(i) Minimum monthly charges/fixed charges/yearly charges.
(ii) Demand charges.
(iii) Energy charges for energy supplied or wheeled.
(iv) Seasonal and time of day charges.
(v) Synchronization charges.
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Statutory levies such as electricity duty, taxes or any other duties etc. shall be payable by the consumer as per law.
The Licensee shall on an application by the owner or occupier of any premises, located in his area of supply, give supply of electricity to such premises within the one month after receipt of completed application 1[showing payments of necessary charges and other compliances] :
Provided where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution Licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as specified by the Commission in clause 4.8:
Provided also in case of application for supply from a village or hamlet or area wherein no provision for supply of electricity exists, the Commission shall extend the time period for provision of supply appropriately on a case-to-case basis:
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(a) The Licensee shall have obligation for ensuring that its distribution system is upgraded, extended and strengthened to meet the demand for electricity in its area of supply. Wherever the existing transformation capacity is loaded upto 80% of its capacity, the licensee shall prepare a scheme report for augmentation of such transformation capacity :
Provided that the responsibility of laying the distribution network for new streetlights shall be that of the concerned local body.
Provided also that for prospective connections in un-electrified areas in his area of supply, the Licensee may intimate to the Commission the details of such un-electrified colonies/areas along with approximate no. of prospective consumers. The licensee may also submit detailed plan for electrification of such areas by any licensee/developer/Authority/Private C
(a) The system of supply and voltage shall depend on the category of the consumer and the load as per details given in Chapter 3.
(b) Application form for obtaining new connection and for enhancement/reduction of load shall be made available to the applicant free of charge at all offices of the Licensee. The Licensee shall also put them on its website for downloading. Photocopies of a blank form may be made by the applicant and shall be accepted by the Licensee. The Licensee shall endeavour to introduce systems facilitating electronic filing of the applications for release of connections through meters (all categories), or filing/processing for connections through prepaid meters provided commercially viable and sustainable technology is available.
(c) The licensee/local authority shall designate Officers/authority for accepting applicati
(a) Application for new connections, in prescribed form (Annexure 4.1) and complete in all respects and accompanied by the prescribed Registration-cum-processing fee, shall be filed in duplicate in the office, specified by the Licensee, along with attested true copies of the following documents:
(i) Proof of ownership of the premises in the form of registered sale deed or partition deed or succession or heirship certificate or deed of last will or Proof of occupancy such as valid power of attorney or latest rent paid receipt or valid lease deed or indemnity Form as per Annexure 4.2. Order Copy of appropriate court, in case of litigation regarding ownership of the premises, has to be enclosed.
(ii) Approval/permission/NOC of the local authority, if required under any law/statute.
(iii) In case
The applicant along with the licensed contractor or his representative shall be present during the inspection. During the inspection, the Licensee shall-
(a) Satisfy themselves regarding the work completion certificate and the test report submitted by the applicant.
(b) In consultation with the applicant, fix the point of supply and the place where meter and the MCB etc. shall be fixed.
(c) Estimate the distance between the point of supply and the nearest Distribution mains from where supply could be given.
(d) Determine if the supply line shall go over any property belonging to a third party. In such a case the applicant shall obtain no objection from the third party, in absence of which, the licensee may adopt a different route for which the appli
(a) After sanction of load, an estimate shall be prepared, which shall remain valid for three months from the date of sanction letter to the applicant.
(b) The estimate shall include security deposit, charges for laying the service line, distribution mains (if required) and material, and system-loading charges etc, as determined by the Licensee with the approval of the Commission once in two years.
(c) After approval of the Commission, the Licensee shall publish a cost data book, and make it available to any interested person at a reasonable charge, and shall also place it on their website.
(d) The above estimate shall be based on Rs./KW (or Rs./KVA) of the sanctioned/contracted load, or on Rs. per service installation for specific bands of contractual load applied for OR sanctioned load at ea
(a) The Licensee shall intimate in maximum 10 working days of the site inspection, the charges needed to be deposited by the applicant.
(b) The applicant shall deposit the charges within 7 working days of the receipt of the demand note, and furnish the right of way permission if the supply line passes over the property not belonging to the applicant.
(c) Licensee on request of consumer may extend the date of payment beyond 7 days, but this extended time shall not be counted for delay in connection under Section 43 of Act, and no compensation shall be paid during the said period.
(d) The applicant shall provide a board at the point of supply where meter and MCB shall be installed.
(e) The Licensee shall, upon completion of formalities as indicated in
(a) Application in prescribed format in accordance to procedure as per clause 4.4, shall be filed with the local office of the Licensee along with the documents, except that the work-completion certificate may not be attached, if the wiring has not been completed. The applicant may indicate in the application the time schedule in which load is required to be released. The applicant shall also submit Phasing Schedule for release of load in case of Phased Contracted Demand.
(b) Within-
(i) 15 days for request for supply on LT;
(ii) 30 days for request for supply on HT;
(iii) 60 days for request for supply on EHT,
the Licensee shall communicate to the applicant-
(
(a) Electricity connection at single point of supply with single point metering shall be provided to a new domestic/non-domestic Multistoried Buildings/Multiplex/Marriage Halls/Cooperative Group Housing Societies/Colonies, with load exceeding 25 KW. However this shall not restrict the individual owner from applying for individual connection, and the licensee shall sanction the connection to such applicant at L.T.
(b) The load shall be calculated on the basis of area constructed as per norms given in annexure 4.6, provided the applicant for single point supply may give an option in the application for either (i) covered area calculation procedure, or (ii) as per actual requirement to the satisfaction of the licensee.
(c) The applicant/developer/development authority shall be responsible to-
(i)
(a) Licensee may grant temporary supply for a period not exceeding 2 years for building construction and three months for other purposes (up to six months for cane crushers/other seasonal processes) of temporary nature, unless otherwise provided in the tariff order.
(b) Application for temporary supply shall be given in the format prescribed in Annexure 4.5 to the local office of the Licensee at least 15 days before the day when supply is required where no new pole or mains extension is required and 30 days where additional pole(s) or mains extension is required along with the following documents:
(i) No objection certificate, to ensure safety and security, from the local authority/owner of the premises if the supply is required at a place owned by the local authority/owner of the premises;
(
Licensee may give temporary supply at a notice of 24 hours, subject to the following conditions:
(i) If it is technically feasible,
(ii) On payment of an additional fee as fixed by the Licensee and approved by the Commission.
The prevailing method of determination of connected load is given in Annexure 4.6.
(a) LT Consumers without MDI
The Contracted load shall be equal to the connected load except that in domestic and non-domestic categories the Licensee shall sanction contracted load less than the connected load subject to the condition, that in domestic category it shall not be less than 50% of the connected load, and in non-domestic category not less than 75% of the connected load as desired by the applicant.
(b) LT Consumers with MDI and all HT and EHT Loads
Contracted load shall be as mutually agreed between the consumer/applicant and the Licensee, having regard to the requirement of the consumer/applicant installation.
(c) Supply to Induction and Arc furnaces shall be made available only after ensuring that the loads sanctioned are corresponding
(a) An agreement, on stamp paper of a prescribed value, shall be executed by the applicant for getting a new connection and for enhancement of load in all cases other than contracted loads of less than 25 KW.
(b) For contracted loads of less than 25 KW (except PTW and Industrial consumers) the application form itself shall serve the purpose of the agreement.
(c) The connection shall be energized within 7 days of submission of duly signed agreement at the licensee's office in the format as per Annexure 4.12.
(d) The agreement shall be for a minimum period of 2 years from the date of release of connection and shall remain valid till it is terminated by either party, after following the procedure detailed subsequently.
(e) The standard agreement format
(a) Supply shall be given at a single point, in premises, at the outgoing terminal of the Licensee. The Licensee shall determine the point of supply such that the meters and other equipment are always accessible to the Licensee without obstruction for inspection.
(b) All EHT & HT consumers/applicants shall provide independent entry to the meter or metering cubicle.
(c) However, in special cases, the licensee may agree to give supply at more than one point in the installation of the consumer/applicant having regard to the physical layout of the installation and the requirements of the consumer/applicant. The arrangement will be subject to the condition that separate metering will be done and summation of demand and energy recorded at all points will be taken as parameters for billing under the relevant tariff schedule.
(a) At the point of commencement of supply, the consumer/applicant shall provide a main switch/circuit breaker from the outgoing terminal of the meter.
(b) In addition, HT/EHT consumers/applicants shall also provide suitable protective devices as per the provisions of Rule 56 and 64 of the Indian Electricity Rules, 1956 and thereafter as per regulations framed under Section 53 of the Electricity Act, 2003. The system of protection shall be got approved by the Licensee before commencement of supply.
(c) In case of HT/EHT consumer/applicant, Meter, circuit breakers and its associated equipment shall be installed by the Licensee at the point(s) of supply.
(d) HT/EHT consumer/applicant shall install step down transformers with a vector group with delta winding on the high voltage side and star win
(a) The meter, meter boards, service mains, MCB/CB, load limiters etc., must on no account be handled or removed by anyone who is not an authorized employee/representative of the Licensee. The seals, which are fixed on the meters/metering equipments, load limiters and the Licensee's apparatus, must on no account be tampered, damaged and broken. The responsibility for the safe custody of Licensee's equipments and seals on the meters/metering equipments within the Consumer's premises shall be on the Consumer.
(b) In the event of any damage caused to the Licensee's equipments in the Consumer's premises by reason of any act, neglect or default of the Consumer or his employees, the cost thereof as claimed by the Licensee shall be payable by the consumer. If the consumer fails to do so after demand, it shall be treated as a contravention of the terms and conditions of supply agreement an
(a) The Licensee shall allot a unique reference number on the basis of registration. The applicants shall be granted connections on the basis of first cum first served basis.
(b) An area wise information on waiting list of prospective consumers, their current status, reference number up to which connections stand released, may be maintained at Centralized call centres, and shall also be displayed on the Notice Board, or on a Blackboard kept at a prominent place in the licensees office, to be updated regularly.
The licensees shall prescribe Schedule of Charges in Cost Data Book with the approval of the Commission and in accordance with clause 4.6, on account of Registration-cum-Processing fee for new connection, estimates for new connection and enhancement of load. It shall also include the charges for reconnection and disconnection, and any other charge for miscellaneous services.]
(a) A security deposit to cover the estimated power consumption for two months shall be made by all consumer/applicant.
(b) The estimated consumption and security deposit amount for different categories of new consumers shall be determined by the Licensee with the approval of the Commission.
(c) In case of enhancement of load, only additional security to cover the additional load (Load after enhancement minus existing load) shall need to be deposited.
(d) Deleted
(e) The Licensee may give notice to any consumer for deposit of additional security deposit if-
(i) the security deposit falls short of covering the estimated power consumption bill for 2 months based on his average monthly consumption for the pr
(a) The consumer shall pay the cost of service line etc. and system loading charges as a cost of servicing a New Connection/Enhancement of Load to the licensee. These charges shall be either on the basis of the schedule of standard charges specified in the cost data book duly approved by the Commission, or in its absence, the actual cost of works as given in the estimate (clause 4.6) prepared by the Licensee. For reduction of load, system loading charges shall not be refunded, but if the load is enhanced again by the same consumer, only enhanced system loading charges over and above the system loading charges already deposited shall be charged.
(b) For conversion from 1 phase to 3 phase LT and vise-versa, and conversion from LT to HT and vice-versa, the procedure laid down for new connection, and clause 3.3 shall be followed.
(a) All payments shall be made by way of Cash (up to Rs. 20,000), Banker's Cheque, Cheque or Demand Draft. The Cheques and demand drafts shall be payable at any branch of a scheduled commercial bank that is a member of the clearing house for the area where the concerned Divisional Office is located. No outstation cheque shall be accepted.
(b) The date of payment by cheque shall be deemed to be the date on which the cheque is received in the office of the Licensee. In case a cheque is not encashed or is dishonoured, the applicant shall deposit the amount in cash or through bank draft along with non-encashment fee as prescribed by the licensee in accordance with the provisions of Negotiable Instruments Act, including the temporary disconnection as per clause 4.36(h), and under no circumstances the right of consumer for making payment in future by cheque shall be withdrawn.
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(a) The work of wiring at the premises of the consumer shall be carried out by a licensed electrical contractor and conform to the standards specified in and Chapter VII of the Indian Electricity Rules, 1956 until regulations are framed under Section 53 of the Electricity Act, 2003.
(b) The material used for wiring shall comply with or be superior to the standards laid down by the Bureau of Indian Standards.
(c) All high-rise buildings, having a height of more than 15 metres from ground level, shall also comply with Rule 50-A of the Indian Electricity Rules, 1956 until regulations is framed under Section 53 of the Electricity Act, 2003. The wiring shall be tested as per provisions of Sections 47 to 49 of the Indian Electricity Rules, 1956 until regulations are framed under Section 53 of the Electricity Act, 2003.
No AC motor shall be connected to the low or medium voltage system of the Licensee unless the motor and the installation thereof has a suitable device to limit the starting current in accordance with the requirement indicated below:
(a) Power supply shall not be given to any applicant at low or medium voltage for utilizing induction motors of 3 HP capacity or above or welding transformers of 1 KVA capacity or above, unless shunt capacitors of appropriate rating are installed by the consumer across the terminal of such motors and welding transformers to achieve an average monthly power factor that is specified in this Code.
(b) Motors of low or medium voltage shall be provided with control gear to satisfactorily prevent the maximum current demand from the consumer's installation exceeding the limits given in the following schedule under a
All new pumping set connection/reconnections shall ensure minimum losses and to achieve the same, shall conform to the requirement of Bureau of Energy Efficiency, and shall not be inferior, and shall also have the following-
(a) Friction less foot valve
(b) HDPE piping suction and delivery
(c) ISI marked energy efficient monoblock pump set.
(d) Capacitor of adequate rating for the pump set.
The licensee shall collect the data of water levels in the areas from appropriate/concerned authority/agency, and if this calls for enhancement of load, the consumer shall be required to get the load enhanced.
(a) In case a consumer desirous to operate his generating equipment in parallel with the grid, the consumer shall arrange his installation to protect it from disturbances in the Licensees system.
(b) The Licensee shall not be liable for any damage caused to the consumer's plant, machinery and apparatus on account of such parallel operation, or any adverse consequence arising thereof.
(c) For parallel operation with the grid, the consumer shall have to follow the provisions of the UP Electricity Grid Code and other relevant regulations and shall pay synchronizing charges as approved by the Commission.
(d) The actual operations shall be carried out in coordination with the STU and the Licensee.
(e) Where old agreements exist with the licensee, conditi
The Licensee may grant protective load in exceptional cases, to be specified in agreement to those consumers, who have opted for twenty four hours use of power, on the following terms and conditions:
(a) An additional charge as specified in the latest Rate Schedule (in the Tariff Order) shall be recovered each month through regular billing if any.
(b) The protective load may be subjected to any emergency rostering.
(c) The charges for protective load shall not count towards minimum charge for the main supply.
(d) Protective load shall also be utilised for lights and fans and drinking water purposes.
(e) The consumer availing the facility of protective load shall, however, not be subjected to scheduled pow
(a) The consumer shall provide space of requisite dimensions and at convenient location as mutually agreed between the consumer and the Licensee, free of charge, for erection/installation of that part of service line that falls within his premises, transformers, switch gear, meter and all other apparatus up to the point of commencement of supply. The whole of service line and other apparatus shall be deemed to be the property of the Licensee and shall remain under his control.
(b) In all multi-storied buildings irrespective of the number of floors, service connections (whether through overhead wires or through under-ground cables) will be effected normally at the ground floor. Service connections will also be effected, at the request of the consumer, at the basement floor of the storied building, provided the place where the Licensee's meters, cut-outs etc., are installed has direc
(a) The Licensee may use the service line and other apparatus to give supply to other consumers provided that the supply to the consumer who has paid for them is not affected.
(b) Further, even if the supply to the consumer who has paid for the line/apparatus is disconnected for whatever reason, the consumer shall permit the Licensee continued access to the service line and other apparatus if they are required to give supply to other consumers, and no payment shall be due to the consumer for such access/facility, until alternate arrangements are made.
(c) However, it is expressly provided, that the Licensee shall make all possible efforts to make alternate arrangements, as early as may be practicably possible. For this purpose, the Licensee may explore a mutually acceptable arrangement for continuation of the installation at the existing
The Licensee or his authorised staff 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 the Licensee, 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 the Licensee for the purpose of-
(i) Inspecting, testing, repairing or altering the electric supply lines, meters, fittings, works and apparatus for the supply of electricity belonging to the Licensee; or
(ii) Ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or
(iii) Removing where a supply of electricity is no longer required, or where the Licensee is authorized to take away and cut off such supply, any electric
(a) enter any premises or land referred to in clause 4.30 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.
Where a consumer refuses to allow a Licensee or any person authorized by him to enter his premises or land in pursuance of the provisions of clauses 4.30 or 4.31, when such Licensee or person has so entered, refuses to allow him to perform any act which he is authorized by those clauses to perform, or fails to give reasonable facilities for such entry or performance, the Licensee 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.
(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) 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.
Provided that no entry inside the domestic premises for inspection, search and seizure shall be carried out between sunset and sunrise:
Provided also that inspection, search and seizure at domestic place shall be carried out only in presence of an adult representative of consumer, or in presence of magistrate.
The supply may be disconnected temporarily or on a permanent basis as per the procedure described below:
(i) The Licensee shall remove service line, meter etc after permanent disconnection.
(ii) However, the Licensee may not remove service line, meter etc. in case of temporary disconnection.
(iii) The licensee may remove service line/cable if he has sufficient reason of unauthorized use of electricity in case of temporary disconnection. However meter shall not be removed in such cases.
Clause 4.35 of the Uttar Pradesh Electricity Supply Code, 2005 (UPESPC) governs the procedural mechanisms for the disconnection of electricity supply. This specific clause, often amended thereafter, outlines the bifurcation of disconnection into "temporary" and "permanent" categories. While the exact text of Clause 4.35 in the base version focuses on the procedural umbrella, its provisions are critically interlinked with Clauses 4.36 and 4.37/4.38 regarding specific scenarios. Judicial interpretation reveals that this clause does not confer an arbitrary power to disconnect but mandates adherence to strict natural justice principles, including notice, opportunity for representation, and因果关系 (cause-and-effect) linking default to disconnection. The enforcement of this clause has been reviewed by the High Court of Uttar Pradesh in various writ petitions, balancing the licensees' right to recover dues and the consumers' fundamental right to life and livelihood.
Clause 4.35 of the UPESPC 2005 stipulates the "Procedure for Disconnection of Supply." Historically, the Code has been structured to regulate when and how a distribution licensee can sever the power supply. While the specific operative text often directs reference to sub-clauses detailing temporary versus permanent disconnection, the core mandate of Clause 4.35 is to establish that disconnection is not a mere administrative exercise but a punitive measure requiring statutory grounds. The section mandates that supply may be disconnected temporarily or permanently only as per the procedure described in subsequent clauses (typically Clauses 4.36 and 4.38 in revised versions). It implies a precondition of non-payment of dues or other contraventions of the Code, provided the consumer has been given a reasonable opportunity to show cause against the demand. The section effectively codifies the shift from the arbitrary powers under the old Electricity (Supply) Act, 1948 to a more regulated framework under the Electricity Act, 2003.
To validly invoke Clause 4.35, the following legal ingredients must be present based on judicial precedents:* Statutory Default: There must be a clear default, typically defined as the failure to pay electricity dues for a specified number of days (usually 20–30 days after the due date of the bill), or a specific contravention like meter tampering.* Notice Requirement: The licensee must issue a notice to the consumer demanding payment of the outstanding dues. This notice must specify the amount and the due date.* Opportunity of Hearing: Before passing an order for disconnection, the licensee must provide the consumer with a reasonable opportunity to make a representation against the notice. Failure to consider such representations renders the disconnection order void.* Procedural Fairness: The order for disconnection must be passed by an authorized officer (usually the Executive Engineer or above) following prescribed procedures regarding the timeline and content of the show-cause notice.* Finality vs. Interim: Distinction must be made between provisional disconnection (often used in theft cases pending assessment) and final disconnection. Clause 4.35 generally governs the final step after all procedural lapses have been exhausted.* Jurisdictional Nexus: The licensee must have jurisdiction over the premises, and the area for disconnection must not fall within a dispute zone where supply obligations are shared (e.g., border areas of Delhi and UP) without mutual agreement.
The scope of Clause 4.35 is extensive and covers various dimensions of the supply-consumer relationship:* Temporal Scope: It applies to both temporary disconnection (for maintenance or urgent safety reasons, often subsumed under Cl. 4.36) and permanent disconnection (as punishment for non-payment).* Applicability to Consumitors: It binds all categories of consumers, including residential, commercial, and industrial (HT) consumers, though the strictness of enforcement may vary based on the nature of the consumer and the tariff order.* Relation to Other Laws: The clause operates in tandem with the Electricity Act, 2003 (Sections 43, 45, 56) and the UP Government Electrical Undertakings (Dues Recovery) Act, 1958. Courts often interpret Clause 4.35 not in isolation but in conjunction with these statutes to ensure the dissection does not violate constitutional rights.* Civil Disputes: The scope includes handling situations where electricity disconnection is sought due to pending civil disputes (landlord-tenant) or when the petitioner claims ownership of the premises.* Threatening Disconnection: It covers instances where a licensee threatens disconnection to coerce payment of disputed bills, which is generally deemed illegal if the underlying dispute has not been adjudicated by a competent forum.
Note: In the context of the UPESPC 2005, "punishment" is not a penal provision against the consumer for violating Clause 4.35 itself, but rather the consequence to the consumer under other sections (like the Dues Recovery Act or the Electricity Act) triggered by the disconnection procedures. Conversely, if a licensee violates the procedure mandated by Clause 4.35, the "punishment" is judicial invalidation of the disconnection order and restitution.
Based on the provided sources, here is a summary of legal comments regarding the compliance and interpretation of disconnection and supply protocols under the UPESPC 2005 and related jurisprudence:
The supply shall be disconnected temporarily only after due diligence, and if the cause of the disconnection is not removed within the number of days indicated in notice served in the manner as described in Section 171 of the Act, in each of following cases, within:
(a) The disconnection date indicated in the notice served to the consumer, but not less than 15 days, if electricity bills on account of charges of electricity, or any sum other than a charge for electricity, are not paid, provided further that the amount of bill indicated in notice is not stayed by any court of law, else, the supply shall not be disconnected:
Provided that the supply shall not be disconnected, if such person deposits under protest, an amount equal to the sum claimed by licensee, or the electricity charges for each month calculated on the basis of average cha
(a) The Licensee shall, after a connection is temporarily disconnected, bill a consumer on minimum charges, and also issue a notice, as per format given in Annexure 4.9, to the consumer, to remove the cause of disconnection failing which, the supply shall be disconnected permanently after six months. Such connections shall be treated as dormant connections (awaiting final account), and the billing shall be stopped after carrying out inspections and duly informing the consumer, and final account of the consumer shall be prepared.
(b) Wherever licensee discovers that connection has been re-connected unauthorisedly after temporary disconnection, licensee may initiate action as per provisions of Section 138 of the Act.
(i) The supply shall be disconnected permanently in following cases:
(a) With the termination of the agreement.
(b) If the cause for which the supply was temporarily disconnected is not removed within six months period.
(c) On request of consumer as described under section 4.14(g).
(ii) If the dues are not paid by the consumers the surcharge payable by the consumer on dues shall be levied upto the period of issue of Section 5 notice, or for maximum eight months only.
(iii) The security amount shall be adjusted first and after adjusting the security amount the net arrear shall be calculated on which surcharge shall be payable by the consumer.
(a) A Connection that is disconnected permanently shall not be reconnected and the consumer shall have to apply for a new connection.
(b) In case of temporary disconnection, supply shall be reconnected after the cause of disconnection has been removed.
(c) If the disconnection was on account of non-payment of bill, the connection shall be reconnected on an application of the consumer accompanied by the copy of the notice.
(d) On receipt of payment of dues along with the prescribed disconnection and reconnection fees, supply shall be reconnected within 24 hours of the submission of the complete application. Provided where service cable/conductor has to be re-erected, the connection shall be reconnected within 48 hours.
(e) If payment is made by Chequ
(i) "Category of Consumer" means the Tariff Schedule under which a consumer is billed as per latest applicable Tariff Order of the Commission.
The applicant shall apply for change of category from one tariff rate schedule to another on the format prescribed at Annexe 4.13.
(ii) In case sanction of new category is not permitted under any law in force, the Licensee shall inform the consumer within 15 days from the date of acceptance of application.
(iii) The Licensee shall inspect the premises to verify and shall change the category within 10 working days from the date of acceptance of application.
(iv) Change of category shall be effective from next billing cycle.
(v) No case of unauthorized use of energy
(a) Reduction of contracted load shall be permissible for all categories of consumers having electronic meters capable of recording demand, if their consumption is ascertained to be lower than the normal consumption in past six months or for such period that takes seasonality into account. The application shall be made in duplicate to the concerned officer on prescribed form (Annexure 4.10) along with the prescribed processing fee only with no additional charges for reduction of load, along with the following documents:
(i) Work completion certificate and test report from a licensed electrical contractor where alteration of the installation is involved.
(ii) Maximum demand recorded in the last two billing cycles if the meter has the facility to record maximum demand and the electricity bill of the previous two billing cycles.
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In notified areas/public places belonging to the development Authorities/Trust Boards/Municipal Corporations/City Municipalities/Housing Boards and such other Authorities/Bodies as may be approved by the Licensee, power supply to additional public lamps or change in type of fitting shall be arranged subject to the following conditions:
(a) The applicant shall apply in the prescribed form at the Sub-Division Office of the Licensee on payment of prescribed registration cum processing fee.
(b) Licensee shall intimate the cost of arranging power supply within fifteen days.
(c) The applicant shall pay the estimated cost of the supply including the cost of the security within one month of intimation.
(e) The applicant shall execute an agreement in the pre
(a) Applications for enhancement of load shall be filed in duplicate to the concerned sub-divisional officer of the Licensee in the prescribed form (Annexure 4.10) along with the following:
(i) Prescribed Registration-cum-processing fee as approved by the Commission from time to time.
(ii) Work completion certificate and Test report from a LEC (Licensed Electrical Contractor).
(iii) Letter of approval from the Electrical inspector, if required.
(iv) Copy of the paid, latest electricity bills/arrears due.
(v) If matter related to dues is stayed by court, the procedure as per clause 4.49 may be followed.
Addendum to the Agreement to act as supplementary to the ma
(a) A connection shall be transferred in the name of another person upon the death of the consumer or in case of transfer of ownership or occupancy of the premises, upon an application of the consumer.
(b) Application for mutation shall be filed, in the prescribed format (Annexure 4.11), along with prescribed fee by the transferee or the legal heir or successor of the deceased consumer with the local office of the Licensee.
(c) The application shall be accompanied by documentary evidence of transfer or legal heirship or succession and proof of no arrears on account of electricity charges on that connection.
(d) The Licensee shall decide the mutation case within 21 days. If the mutation application is allowed, intimation shall be sent to the applicant along with information regarding pending du
The consumer may apply to the licensee for any changes in their premises related to wiring/apparatus/service line, after clearing all dues pending if any provided the same are not stayed by any court, subject to the following:
(a) The consumer shall get all work relating to wiring on his premises only by or under the supervision of a Licensed Electrical Contractor and obtain a Work Completion Certificate and Test Report., as prescribed by Indian Electricity Rules, 1956 until Regulations are issued under the Electricity Act, 2003.
(b) No reference shall be made to the Licensee if the change in wiring of LT loads does not result in dislocation of the meter or other related apparatus and there is no change in the load. However, the consumer shall produce the test report if required by the Licensee in future.
(a) The Consumer shall not, supply part or whole of the energy supplied to him by the Licensee to another person or other premises unless he holds a suitable sanction or licence for distribution and sale of energy, granted by the Commission, or has been exempted by the Commission.
(b) In case of non-domestic, office or residential complexes, where Power supply is availed originally in the name of the builder or promoter of the complex and who subsequently transfers the ownership of the complex, either entirely, to different individuals or partly to different individuals retaining the balance for lease, the power supply may be continued in the following methods:
(i) The builder or promoter of the complex in whose name the supply continues, is permitted to extend power supply to the individual owners of the flats etc. or to the lessee by i
Supply of electricity at a single point can also be made to-
(i) a franchisee/panchayat/cooperative or a registered association of consumers for supply to a group of consumers;
(ii) a person or organization for making electricity available to his employees for residential purposes residing in the same premises:
Provided that in (i) and (ii) above, the body that has taken the single point connection shall be responsible for all payments of electrical charges to the Licensee and for collection from the end consumers as per applicable tariff for the category used.
A Licensee may undertake distribution of electricity for a specified area within its area of supply through another "Person" being a company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person.
Where there is a stay order by any Court, Forum Tribunal, or by Commission, staying the recovery of any dues by licensee, and during the operating period of any such order-
(i) if a consumer sells a premises and an application for release of new connection is made by the purchaser; or
(ii) If any application for new connection, reconnection, enhancement or reduction of load is made by a consumer; or
(iii) if any application for permanent disconnection is made by a consumer the licensee shall release the new connection to such consumer and also permit reconnection, reduction or enhancement of Loads, as well as allow permanent disconnection,
subject to-
submission of Bank Guarantee to the satisfaction of li
(a) No new connection shall be given without a Meter and Miniature Circuit Breaker (MCB) or Circuit Breaker (CB) of appropriate specification from the date of issue of this Code.
(b) All unmetered connections including PTW, streetlights shall be metered by the licensee.
(c) The Licensee shall not supply electricity to any person, except through installation of a correct meter in accordance with the regulations to be made by the Central Electricity Authority under Electricity Act, 2003 :
Provided that the Commission may, by notification, extend the said period for a class or classes of persons or for such area as may be specified in that notification:
Provided also that if a person makes default in complying with the provisions contained in the claus
The Meters for new connections shall be of standards and make that is certified by BIS/IEC/CBIP or any other superior specification as specified in Central Electricity Authority Regulations on Installation and operation of meters, and shall be of following type(s):
(a) For all domestic and non-domestic loads in Rural areas... Electromechanical or Static meters
(b) For all loads in urban areas...Static Meters.
(c) For LT (contracted load > 25 KW)/HT/EHT consumers...
- Static, 3 Phase Tri-vector meters with MDL
- The meters shall have a facility for "Time of the Day Metering" and storage of 35 days or more with sufficient memory for accommodating data for 12 months.
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(a) The meters shall be supplied and installed in conformity to the technical requirements as prescribed by Central Electricity Authority (Installation and Operation of Meters) Regulations 2006 framed by CEA on installation and operation of meters.
(b) In case the option of single point supply is exercised for a premise having different categories of load, separate meter(s) shall be installed for measurement of energy for each category of load.
(c) For LT loads MCBs and for HT/EHT loads CB of appropriate rating and specifications, as approved by the Licensee, shall be installed at the cost of consumer along with the meter.
(d) In case of existing consumers having HT loads up to 250 KW and metering at LT, the HT reading for billing purposes shall be computed by adding 2 percent to the Maximum D
(a) At the time of seeking a new connection the consumer shall indicate option in the application form to either purchase the meter, MCB/CB and associated equipment himself from the authorized vendor(s)/make or manufacturers of meter approved by the licensee, or require that such approved meter, MCB/CB and associated equipment be supplied by the Licensee:
Provided that it shall be the responsibility of the licensee to ensure that meters of national repute only are used as specified in clause 5.2, and under Section 55 of the Act by CEA. The licensee shall not restrict the consumer choice to 2-3 make/manufacturer only, but shall offer a wide ranging choice from amongst the list of approved make/manufacturers. The Licensee shall put the list of approved vendor(s)/make or manufacturers of meter, on their website/display on the notice board/and if requested, supply the consumer with the
(a) The Licensee shall ensure tested meters are installed at the consumer premises. Meters purchased by the consumer shall be tested, installed and sealed by the licensee.
(b) The Licensee shall also conduct periodical inspection/testing of the meters as per the following schedule:
(i) Single-phase meters... Once every five years
(ii) LT 3...phase meters for consumers having load between 20-100 KVA (CT operated) ... Once in a year
(iii) Other LT metering systems...Once in 2 years after installation
(iv) HT meters including MDI:
For EHT level consumers (above 10 MVA)... Once in a quarter.
For Loads (contract demand 5-
(a) The Licensee shall have the right to test any meter and related apparatus if there is a reasonable doubt about the accuracy of the meter and the consumer shall provide the Licensee necessary assistance in conduct of test. However, the consumer shall be allowed to be present during the testing.
(b) A consumer may request the Licensee to test the meter installed on his premises if he doubts its accuracy of meter readings not commensurate with his consumption of electricity, stoppage of meter, damage to seal, by applying to the Licensee in prescribed format (Annexure 5.1) along with the requisite testing fee. The Licensee shall test the meter -
(i) within 15 days of the receipt of the application, at consumer's premises; or
(ii) within 30 days at licensee's lab, or independent lab; or
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(a) The consumer is expected to intimate the Licensee, as soon as he notices that meter has stopped/not recording.
(b) If during periodic or other inspection, meter is found to be not recording by the Licensee, or a consumer makes a complaint in this regard, the Licensee shall arrange to test the meter within 15 days.
(c) If the meter is actually found not recording it shall be replaced within 15 days of the test.
(d) The Consumer shall be billed, for the period between the date of last reading and the date of replacement of the defective meter, on the basis of average consumption and average maximum demand of three billing cycles prior to the last reading. The provisional bills, if any issued, shall be accordingly adjusted.
(e) In cases where the r
(a) In case a meter is found burnt either on consumer's complaint or upon the inspection of the Licensee.-
(i) the Licensee shall restore the supply immediately after bypassing the burnt meter;
(ii) necessary preventive action at site shall be taken as early as possible to avoid future damage;
(iii) excess loads found, shall be removed or regularized by asking consumer to deposit charges as per clause 6.9;
(iv) a new meter shall be installed by the Licensee within 3 days as per option exercised by consumer given in clause 5.4(a).
(b) If possible, the Licensee shall test the burnt meter removed from the consumer premises and the procedure detailed in clause 5.6(d) shall be followed. If it is not possible t
(a) The cost of replacement of meter shall be borne by the consumer or by the Licensee subject to following conditions:
(b) [Deleted]
(i) If, as a result of testing, it is established that the meter was burnt due to technical reasons viz. voltage fluctuation, transients etc. attributable to the Licensee the cost of the meter shall be borne by the Licensee. However, if it is established that the meter was burnt due to reasons attributable to the consumer viz. defect in consumer's installation, connection of unauthorized load by the consumer etc. the cost shall be borne by the consumer.
(ii) If it is established, as a result of testing, that the meter was rendered defective due to tampering or any other deliberate act by the consumer to interfere with the meter, the cost of the meter shall be bo
(i) Complaints regarding lost meters shall be entertained by the Licensee only if they are accompanied by a copy of the FIR lodged by the consumer with the police station. In all such cases, an officer authorized by the Licensee shall also conduct an inquiry.
(ii) Supply in these cases shall be restored after installation of a new meter, and after payment of; electricity charges for the period in which meter was not available, and any other prescribed charges that may be approved by the Commission.
(iii) The electricity charges for the period in which meter was not available shall be assessed as below:
(a) As per Section 138 of the Electricity Act, 2003, if it is established in the Licensee's enquiry that the loss of meter was due to a deliberate act of the consumer and/or with his connivance.
(a) The billing cycle for different categories of consumers is specified at Annexure 3.1. The Licensee shall notify the date by which each category of consumer shall receive the bill, as per the billing cycle specified in this Code. Such notification shall be made by the Licensee every year or one month before any change is made in the date.
(b) The Licensee may decide to opt for "Spot Billing" system for the domestic and non-domestic consumers in a notified distribution area.
(c) Under the "Spot Billing" system, consumer shall be responsible for taking the correct reading of the meter within a week (before or after) of the meter reading date mentioned on the last bill and obtain his bill from the notified billing office of the Licensee. However, the Licensee shall exercise discretion in verifying the meter reading submitted by the consu
(a) In all cases not covered by the "Spot Billing System", if Licensee is not able to read the meter, a provisional bill may be issued on the basis of the average consumption of the previous 3 billing cycles. However, the Licensee shall ensure that such provisional billing does not extend to more than two billing cycles at a stretch. The provisional bills shall be adjusted on the basis of the subsequent actual meter reading.
(b) If the meter is not read as it was not accessible in two consecutive billing cycles, provisional bills shall be issued on the basis of the average consumption of previous 3 bills and a notice shall be issued to consumer to keep the meter accessible for reading on a date (at least 7 days after the date of notice) and time specified in the notice.
(c) If meter is not made accessible even on the due date, a notice s
(a) It shall be the responsibility of the consumer to get his connection disconnected if he vacates/sells the premises as otherwise he shall continue to remain liable for all charges.
(b) Notice and request for disconnection is to be given at least 15 days before the proposed date of vacation (Annexure 4.7). However, the Licensee may accept a notice of shorter period. The Licensee shall arrange to take a special reading of the meter after intimating the consumer. The special bill shall also include a payment for the days following the meter reading date till the date of disconnection on a pro-rata basis.
(c) 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. It shall be the responsibility of the owner of the conn
(a) A consumer may make advance payment of electricity bills.
(b) Upon receipt of a request in the prescribed format (Annexure 6.1), the concerned officer shall arrange to prepare a provisional bill based on the average consumption of previous one year and the consumer shall make payment against this bill.
(c) No interest shall be paid on the unadjusted balance amount lying with the Licensee.
(d) The advance payment shall be adjusted against the future bills. The bills shall reflect the balance in the account and the customer shall be required to pay the amount due, in the usual manner, whenever the bill shows a debit balance and all consequences of non-payment of bill shall follow.
The licensee shall submit a proposal to the Commission for 'safe cu
(a) If there is an error of a non-pecuniary nature (incorrect name, address etc.) in the bill the complaint shall be registered with the concerned competent authority. Corrections, if any required, shall be made in the next bill. The consumer shall be required to make the payment before due date.
(b) If a consumer disputes the accuracy of any bill, he may either make the payment under protest of-(i) an amount equal to the sum claimed from him, or (ii) the electricity charges calculated on the basis of average of electricity bills of the preceding six months, whichever is less, and file a complaint with the competent authority, before the due date for payment. The complaint shall be decided within 7 days and consumer shall be informed:
(i) If the Complaint is found to be correct by the competent authority, a revised bill shall be issued w
In case of non-receipt of bill the consumer may deposit self assessed bill in the format prescribed by the licensee for the period for which bill has not been received provided that it is not less than the average consumption of the last six months. The Licensee shall not levy any late payment surcharge in the next bill if consumer's claim of non-receipt of bill is correct. The payment so made by the consumer shall be adjusted in the next bill.
In case of dispute regarding levy of surcharges, the Licensee shall settle the dispute within in two billing cycle from the date of protest by the consumer after giving him opportunity for reply and personal hearing.
(i) An assessing officer shall suo moto, or on receipt of reliable information regarding unauthorized use of electricity or on instruction from higher authority, promptly conduct inspection of such premises, exercising due diligence. [Annexure 7.3(i)]
(ii) The Assessing Officer, if required to do so, may handover his business card to the consumer before entering the premises. Photo ID card shall be carried by each team members.
(iii) The access to consumer premises shall be in accordance to clause 4.30 to 4.34. Provided that the occupant of the place of search or any person on his behalf shall remain present during the inspection. 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.
(iv) A report shall be p
(A) Where the installed meter has the facility of reading 'Maximum Demand'-
(i) For non-domestic and industries, the assessment of excess load shall be made based on the maximum demand recorded in the meter. The excess load shall be maximum demand recorded in the meter minus the contracted load, and the charges shall be as per the tariff order.
(ii) For the domestic connection, the charges shall be two times of (Fixed charge or demand charges for the maximum demand minus fixed charge or demand charge for contracted load) * M, where M is the number of months for which maximum demand existed.
(iii) If the maximum demand of the consumer is found in excess of load contracted, for which a higher tariff category is applicable (not vice versa), the excess demand charges shall be levied as above for t
(i) The Consumer may make payment of the bill by Cash (up to Rs. 20000), Cheque, and Demand Draft. Payment by Cheque shall be accepted only if it has been drawn on a Bank located at the Headquarters of the Divisional office.
(ii) The date of payment by cheque shall be deemed to be the date on which the cheque is received in the office of the Licensee, provided that the cheque is encashed upon presentation to the Bank and is not dishonored.
(iii) In case a cheque is not encashed upon presentation to the bank, the consumer's rebate if any, shall be forfeited, and the Licensee may levy surcharge.
(a) The Payment may be made-
(i) in person at the designated collection offices of the Licensee during specified time; or
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Receipt shall be given to the consumer for payment of bills made in person. In all cases, payments shall be acknowledged in the next bill.
In case of bill payment by the consumer, adjustments shall be made in the following order of priority:
(a) Arrear
(b) Current charges
(c) Miscellaneous charges
Electricity Charges including Electricity Duty and Late Payment Surcharge shall be adjusted in proportion of their total amount of arrear as well as current charges.
Rebate and Surcharge for delayed payment shall be levied as per the tariff order applicable.
Section 6.13 of the Uttar Pradesh Electricity Supply Code, 2005, deals with the provisions related to rebates and late payment surcharges for electricity bills. It aims to regulate the financial consequences of delayed payments and incentivize timely bill settlement, ensuring the financial viability of distribution licensees and fair treatment of consumers.
Section 6.13 specifies that rebates and surcharges for delayed payments shall be levied as per the tariff order applicable. It emphasizes that the licensee shall notify consumers in advance about the terms of late payment surcharges and rebates, and the actual application of these charges shall be in accordance with the tariff order issued by the relevant authority.
The section itself does not specify punitive measures for non-compliance. However, violations of the provisions relating to notification and application of surcharges/rebates may attract penalties under the broader framework of the Electricity Act, 2003, and applicable regulations, including disciplinary action against licensees or penalties imposed by the Regulatory Commission.
"Clarity in Application" - Section 6.13 mandates that rebates and late payment surcharges be levied strictly as per the tariff order, ensuring transparency and consistency in billing - [Section 6.13, UP Electricity Supply Code, 2005]
"Procedural Fairness" - Licensees are required to notify consumers in advance about the charges, promoting transparency and consumer rights - [Section 6.13, UP Electricity Supply Code, 2005]
"Tariff Order Compliance" - The actual levying of surcharges and rebates must be in strict accordance with the tariff order issued by the competent authority, reinforcing adherence to regulatory norms - [Section 6.13, UP Electricity Supply Code, 2005]
"Consumer Awareness" - The section emphasizes the importance of informing consumers about the charges beforehand, which is essential for consumer protection and transparency - [Section 6.13, UP Electricity Supply Code, 2005]
"Scope of Charges" - It covers both rebates for early payments and surcharges for delayed payments, balancing incentives and penalties - [Section 6.13, UP Electricity Supply Code, 2005]
"Regulatory Oversight" - The application and calculation of rebates and surcharges are subject to the tariff order, which is issued by the State Electricity Regulatory Commission, ensuring regulatory oversight - [Section 6.13, UP Electricity Supply Code, 2005]
"Legal Validity" - As per the Electricity Act, 2003, the tariff order has statutory backing, making the levy of surcharges and rebates legally enforceable when done as per the prescribed procedure - [Section 50, Electricity Act, 2003]
"Dispute Resolution" - Disputes regarding the application or calculation of late payment surcharges can be challenged through consumer grievance redressal forums or appellate authorities, ensuring consumer protection - [Section 6.13, UP Electricity Supply Code, 2005]
"Enforcement" - Non-compliance by licensees in notifying consumers or applying charges contrary to the tariff order can attract penalties under the Electricity Act, 2003, and regulations framed thereunder - [Section 6.13, UP Electricity Supply Code, 2005]
"Consumer Rights" - Consumers have the right to receive clear information about late payment surcharges and rebates before the charges are applied, safeguarding their interests - [Section 6.13, UP Electricity Supply Code, 2005]
"Consistency with Tariff Orders" - The section ensures that all surcharge and rebate practices are consistent with the tariff orders, maintaining regulatory uniformity - [Section 6.13, UP Electricity Supply Code, 2005]
"Legal Standing" - The provisions derive their legal standing from the Electricity Act, 2003, and the regulatory framework, making violations actionable - [Section 50 and 6.13, Electricity Act, 2003 & UP Supply Code, 2005]
"Consumer Dispute Redressal" - Disputes related to late payment charges can be addressed through the Consumer Grievance Redressal Forums, ensuring accessible dispute resolution - [Section 6.13, UP Electricity Supply Code, 2005]
"Implementation and Monitoring" - The State Commission monitors compliance of licensees with the notification and application of surcharges and rebates, ensuring adherence to legal requirements - [Section 6.13, UP Electricity Supply Code, 2005]
"Legal Remedy for Consumers" - Consumers aggrieved by improper application of surcharges or rebates can approach the appropriate authorities, including the Electricity Ombudsman, for redressal - [Section 6.13, UP Supply Code, 2005]
"Enforcement Penalties" - Any deviation from the prescribed procedure or unauthorized levy of surcharges/rebates may invite penalties, including fines or disciplinary actions against licensees - [Electricity Act, 2003; Section 142]
"Policy Consistency" - The section aligns with the overarching policy of promoting fair billing practices and discouraging arbitrary charges, in line with consumer protection laws - [Electricity Act, 2003]
"Legal Certainty" - By tying the application of surcharges and rebates to the tariff order, the section provides legal certainty and prevents arbitrary billing practices - [Section 6.13, UP Supply Code, 2005]
"Consumer Education" - It implicitly encourages consumer education regarding billing practices, late payment penalties, and rebates, fostering transparency - [Section 6.13, UP Supply Code, 2005]
In summary, Section 6.13 of the Uttar Pradesh Electricity Supply Code, 2005, plays a crucial role in regulating the financial adjustments related to late payments and early payments, ensuring transparency, adherence to regulatory norms, and safeguarding consumer rights through clear procedures and legal enforceability. Violations of these provisions can attract penalties under the Electricity Act, 2003, reinforcing the importance of compliance by licensees.
(i) The Licensee may extend the facility of instalments to those consumers only who are in financial distress. However, no waival of surcharge shall be allowed.
(ii) No officer below the rank of Executive Engineer shall grant installments. The Executive Engineer,/DGM/and General Manager can grant up to maximum of two, three or four monthly installments respectively. However first installment shall not be less that 40% of the total amount. Where the amount for installments exceeds Rs.10,000 (Ten Thousand), the consumer shall be asked to deposit post dated cheques of the installments to the Licensee.
(a) The payments due to the Licensee shall be recovered as per provision of Section 56 of the Act, and arrears of land revenue as per the provisions of the U.P. Government Electrical Undertaking (Dues Recovery) Act, 1958, as amended from time to time.
(b) 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 of electricity supplied, and the supply of the electricity shall not be disconnected by licensee for this reason.
Explanation.-The date from which such charges becomes 'first due', needs to be correctly interpreted. If as a result of regular meter reading/inspection of installation of consumer, such charge
For industries lying disconnected over six months and seeking to revive, the Commission order dated 12th July 2005 given in Annexure 6.5, shall apply to the extent specified in the order, and if not contrary to any G.O, or any court order.
(a) The Licensee shall organize its systems and work processes so as to achieve the standards of performance regarding quality of electricity to consumers as set out under the Act and/or in this Code.
(b) Special emphasis should be placed on proper maintenance and updation of consumer indexing and GIS/GPS base mapping in a time bound manner through use of modem IT based system. Consumer Analysis Tools (CAT) to identify suspected problems/anomalies/and identify trends in metering, billing and collection to enable further action needed to be taken.
(c) To support the best practices applications, licensee may deploy LAN, WAN, VSAT and optical cable fiber network, as per requirements.
(d) A time bound program for implementation of SCADA, Remote Sub-station monitoring and control (RESMAC) for secur
The Licensee shall endeavour to keep the consumers adequately and timely briefed about their rights and responsibilities and about action taken on their complaints/grievances. The extracts of consumer rights and duties shall be printed on the reverse side of the electricity bill.
The Licensee shall ensure that wide publicity is made of all the procedures that relate to consumers by way of brochures, pamphlets, publication in newspapers, wherever so required by rules or regulations, as well as electronic media. Copies of these procedures shall be sent to all Panchayat offices free of cost and shall be available for public through the local offices of the Licensee on payment of nominal charges. These procedures shall also be posted on the website of the Licensee. Changes/amendments in these rules are also to be widely publicized.
The EE/authorised representative shall be available in his office on all notified days, during notified hours, to meet with the consumers. The DGM/competent authority of the circle and the CGM/GM of the Zone shall schedule at least one day per week to meet with the public and listen to their grievances during notified hours. This shall be widely publicized.
Failure to conform to the standards, as mentioned under clause 7.7, without prejudice to any penalty, which may be imposed, shall attract payment of compensation, as specified in Annexure 7.1, to the person affected. The Commission may revise the amount of compensation, from time to time in consultation with consumers and Licensees.
The amount of penalty and compensation as paid by the Licensee shall not be passed through in the annual revenue requirement of the Licensee while determining the tariff.
(i) The standards of customer service are for-
(a) Supply related matters
(b) New connections/disconnections/re-connections and related matters
(c) Metering
(d) Billing
(e) Transfer of ownership and conversion of services
(ii) A License shall conform to the standards as laid down in this Code. These standards shall be the guaranteed standards of performance, being the minimum standard of service that a Licensee shall achieve and maintain in the discharge of its obligation under the Act. Failure to adhere to the above standards shall attract compensation to be paid to the affected consumers.
Also provided that standar
General-
(a) Licensee shall endeavour to set up Central Call Centers (CCC's) in phases, in all cities with population exceeding 10 lakh in first phase within a definite time frame.
(b) Centralized Call Centers shall be provided telephones with adequate number of lines and shall be connected to all the sub-stations in the city by telephone.
(c) If, for some reason, a consumer is unable to contact the sub-station, he may complain at the CCC who shall be responsible to lodge the complaint with the concerned sub-station. The licensee may, however not be under any obligation to lodge a complaint of the consumer who has arrears of dues.
(d) The CCCs shall also operate an automatic answering service that shall give updated information about scheduled outag
as given in Chapter 4 of this Code:
(a) If a distribution Licensee fails to provide new connection to an applicant within the period specified below, the Licensee shall be liable to a penalty, at the rate of Rs. 5 per thousand Rupee (or part thereof) of the amount deposited by the applicant, which may extend up to Rs. 1000 for each day of default. To claim this penalty the applicant shall make a petition before the Consumer Grievance Forum.
For LT connections, where pole exists... within 7 days,
If new poles are required... within 30 days.
For HT cases where works are required:
(a) 45 days for loads at 400 Volts,
(b) 60 days at 11 KV,
as given below:
Replacement of defective meter after test report... 15 days.
Replacement of burnt meter... 3 days.
as given below:
Reduction/Enhancement of load... 30 days.
Termination of agreement... 30 days.
Carry forward of fictitious arrear... One cycle.
as given below:
Transfer of ownership... 30 days.]
The licensee shall switch over to complaint handling procedure as provided herein in towns with population over 10 lakhs (with effect from 1st January, 2007), and in a phased manner for remaining towns, instead of the existing practice.
1. Nature of complaints-
No current/failure of power supply
Voltage fluctuations
Load shedding/scheduled outages
Scheduled outages/load shedding
New Connections/Disconnection/Reconnection and related matters
Transfer of ownership and conversion of services.
2. Where to lodge Complaints-
The conta
The time limits indicated above are applicable to the entire Licensee unless separate performance standards have been determined by the Commission for a particular Licensee.
(a) The Licensee shall be liable to pay, to the affected consumers, compensation as specified in Annexure 7.1 for Licensees failure to meet the guaranteed standards of performance. With respect to performance related to metering and billing, of Annexure 7.1, the liability of compensation on Licensee shall be effective from the date of enforcement of the Code. The liability of compensation in other standards of performance shall be applicable from such date the Commission may direct by order or notification issued for the purpose.
(b) Compensation, depending upon the nature of the complaint, would be released by the concerned Licensee automatically within 90 days of its, or it would be claimed by the consumer from the licensee, as specified in Annexure 7.1.
Provided that -
(i) Compensation shal
(i) The Licensee shall set up Consumer Grievance Redressal Forum in accordance with the UPERC (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003, as amended from time to time. The name/addresses and contact telephone numbers of the forum shall be mentioned in the electricity bill and also displayed in the web site of the licensee/Forum.
(ii) Any consumer aggrieved by any action of the Licensee, in respect of the matters mentioned in clauses 7.7.1 to 7.7.5 or those covered under the said Regulation may file a complaint with the Licensee.
(iii) If the Licensee fails to settle the complaint of the consumer within the time limits specified in this Code or otherwise provided in the said Regulations, or the consumer is not satisfied by the decision of the licensee, the consumer may file a complaint in the Consumer Grievance R
Any person aggrieved by the final order passed by an assessing officer, under Section 126 of the Electricity Act, 2003 may, within 30 days of the said order prefer an appeal, as per the procedure specified in clause 6.8 and Annexure 6.2, to an appellate authority prescribed by the UP Government, as per the order of the Central Government from time to time. The order designating the assessing officer and constitution of appellate authority, and authorized officer as issued by the UP Government, is reproduced in Annexure 7.3.
Section Cl.7.11 of the Uttar Pradesh Electricity Supply Code, 2005, deals with the procedural and substantive aspects related to the assessment of electricity consumption, particularly in cases involving theft, unauthorized use, or other irregularities. It forms part of the comprehensive framework established by the Code to regulate the supply, billing, assessment, and dispute resolution between licensees and consumers.
Section Cl.7.11 prescribes the procedures, standards, and conditions under which assessments are to be made for unauthorized or irregular use of electricity, including theft. It emphasizes the importance of following due process, providing consumers with information, and ensuring transparency in assessments. The section also links assessment procedures with the standards of performance, consumer rights, and dispute redressal mechanisms.
Section Cl.7.11 applies to:- Assessments for unauthorized use or theft of electricity.- Situations where meter tampering, bypass, or damage is suspected.- Cases requiring provisional or final assessment notices.- Disputes arising from assessment orders.- Ensuring compliance with procedural safeguards mandated by the Code.
It covers both the initial assessment and the subsequent review or appeal processes, integrating with the broader legal and regulatory framework governing electricity supply in Uttar Pradesh.
While Cl.7.11 itself primarily deals with procedures, violations of its provisions—such as failing to follow due process, incorrect assessment, or denying consumer rights—can lead to:- Quashing of assessment orders.- Orders for refund of excess amounts paid.- Penalties for unfair practices.- Liability for interest or damages due to procedural lapses.- Legal consequences under the Electricity Act, 2003, including penalties for theft or unauthorized use.
Procedural compliance - The section mandates strict adherence to prescribed procedures for inspection, assessment, and notification, ensuring fairness and transparency [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Consumer rights - Consumers must be informed of assessment details, given a fair opportunity to respond, and allowed to contest assessments through appeals or dispute mechanisms [Sources: Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam, MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED].
Assessment basis - Assessments should be based on proper evidence such as inspection reports, meter readings, or other relevant data, and must comply with procedural safeguards [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Due process - The failure to follow the procedures laid down in the Code, such as not supplying MRI reports or not providing sufficient notice, can lead to the assessment being invalidated or quashed [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Linkage with other provisions - Cl.7.11 is interconnected with clauses related to dispute resolution, penalties, and recovery, emphasizing a holistic approach to assessment procedures [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Assessment for theft - The section underscores that assessment procedures must be in line with the provisions for theft detection, including serving provisional bills and giving opportunities for objections [Sources: Chandra Kala Singh VS U. P. Power Corporation Ltd. Thru' C. M. D. , MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED].
Penalties and liability - Improper assessment or procedural lapses can result in penalties, refunds, or legal actions against the licensee for unfair practices or violations of consumer rights [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Appeal and dispute resolution - The Code provides consumers with avenues for filing appeals, and procedural lapses in assessment orders can be grounds for their challenge in courts or tribunals [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Assessment in case of defective meters - Proper procedures require testing meters by independent agencies if defect or tampering is suspected; failure to do so can invalidate assessment orders [Sources: Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission, MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED].
Assessment for unauthorized use - The section clarifies that assessments related to unauthorized use or theft must be preceded by proper inspection, evidence collection, and serve proper notices to consumers [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Chandra Kala Singh VS U. P. Power Corporation Ltd. Thru' C. M. D. ].
Procedural safeguards in case of disputes - Consumers are entitled to challenge provisional or final assessments before authorities or courts, provided procedures are strictly followed [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Assessment for theft and criminal proceedings - The assessment process must be consistent with criminal investigations; criminal court findings should be considered in assessment disputes [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Assessment notices - The notices must specify the basis, amount, and opportunity for response; non-compliance can lead to orders being set aside [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission].
Assessment for meter tampering - Proper procedures include inspecting, sealing, testing meters, and providing consumers the opportunity to opt for independent testing, failure of which can invalidate assessment [Sources: Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission, MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED].
Compliance with legal standards - The assessment process must align with the standards laid down by the Electricity Act, 2003, and relevant regulations, including the principles of natural justice [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Legal consequences of procedural lapses - Orders based on non-compliance with procedures, such as not serving proper notices or ignoring evidence, are subject to quashing or judicial review [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Assessment for penalty versus civil liability - The distinction between penalties (criminal) and civil liabilities (assessment) must be maintained; assessment orders should not be conflated with criminal proceedings [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
Judicial review - Courts have held that assessment orders violating procedural safeguards or based on incomplete evidence can be quashed, emphasizing the importance of due process [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Vimal Gupta VS Executive Engineer, Dakshinanchal Electricity Dist. Nigam].
In summary, Cl.7.11 of the UP Electricity Supply Code, 2005, underscores the importance of procedural fairness, evidence-based assessment, consumer rights, and proper dispute resolution in the context of assessing unauthorized or theft-related electricity use. Non-compliance with these provisions can lead to orders being invalidated, refunds, or penalties, reinforcing the principle that assessment procedures must be transparent, fair, and in accordance with law.
(a) The Licensee shall set up systems for monitoring, by a senior officer designated for the purpose, of performance against service standards and shall send a report to the Commission which shall adequately show the number of such cases reported during the period and the cases pending resolution under separate heads at the end of each month of the quarter.
(b) [Deleted]
(c) Based on the information provided by the Licensees, under clause 7.12(a) above, the Commission shall notify the target levels in percentage form for overall performance standards and the indices to be achieved compulsorily and a road map to achieve it after having the first annual review of the Licensees performance against the guaranteed standards. Notwithstanding the implementation to the degree prescribed by the Commission or not, the licensee shall make available
The complaint or an appeal before the Commission may be filed under the provisions of the Act, or Regulations made there under that relate to-
(i) general interest of a group of consumers,
(ii) the decision of a Chief Electrical Inspector or an Electrical Inspector, as per the provision laid down in Section 35 of the Electricity Reforms Act, 1999, until provisions contrary to this effect are made by the State Government:
Provided that no complaint shall lie before the Commission that concerns with matters covered under clause 7.10 of this Code, and where other authority/court/forum is already empowered under section 42, 126, 127, 135 or 153 of the Act, read with the Ministry of Power, Government of India Electricity Rules, 2005 and orders under" the Electricity (Removal of Difficulties)".
<
The following reliability/outage indices are prescribed by the Institute of Electrical and Electronics Engineers (IEEE) Standard 1366 of 1998. The Licensee shall compute and report the value of these indices on quarterly bases as per Annexure 7.4:
(a) System Average Interruption Frequency Index (SAIFI): The Licensee shall calculate the value as per the formula and methodology specified below.
(b) System Average Interruption Duration Index (SAIDI): The Licensee shall calculate the value as per the formula and methodology specified below.
(c) Momentary Average Interruption Frequency Index (MAIFI): The Licensee shall calculate the value as per the formula and methodology specified below.
Method to compute Distribution System Reliability Indices
&nbs
The Licensee shall achieve coordination with other network constituents such as State Transmission Utility, State Load Dispatch Center, distribution Licensees and other transmission Licensees to maintain the supply frequency as per the Indian Electricity Grid Code (the present values being between 49.0 and 50.5 Hz), as amended from time to time. The Licensee shall furnish the unscheduled Interchange (UI) amount receivable/payable daily, on a monthly basis, once the scheme of UI is introduced within the State.
The Licensee shall ensure that the voltage unbalance does not exceed 3% at the point of commencement of supply. Voltage Unbalance shall be computed in a manner to be specified by the Commission separately or as part of the Distribution Code or Distribution Operating Standards.
The Licensee shall maintain the percentage of bills requiring modifications following complaints to the total number of bills issued, at a value not greater than 0.2%.
The Licensee shall maintain the percentage of defective meters to the total number of meters in service, at a value not greater than 3%.]
The Ministry of Power, Govt. of India vide Order No. S.O. 796 (E), dated 8th June, 2005 with title" the Electricity (Removal of Difficulties)" has directed State Commission for inclusion of measures to control theft in Electricity Supply Code as per details given below:
(1) The Electricity Supply Code as specified by the State Commission under section 50 of the Act shall also include following, namely:
(i) method of assessment of the electricity charges payable in case of theft of electricity pending adjudication by the appropriate court;
(ii) disconnection of supply of electricity and removing the meter, electric line, electric plant and other apparatus in case of theft or unauthorized use of electricity: and
(iii) measures to prevent diversion of
2. Ins. by the Electricity Supply Code (Fourth Amendment), 2007, Clause 8(a) (w.e.f. 14-06-2008).
3[(i) An Officer of the licensee or supplier as authorized by the State Government from time to time under Section 135(2) of the Act, suo motu or on receipt of reliable information regarding theft of electricity, shall promptly conduct, inspection of such premises exercising due diligence. Annexure 7.3(ii) and Annexure 7.3(iii)].
________________________________
3. Subs. by the Electricity Supply Code (Fourth Amendment), 2007 Clause 8(b) (w.e.f. 14-06-2008).
(ii) The Authorized Officer may, if required, hand over his business card to the consumer. Photo ID card may be carried by each team member and shown to the consumer, if required, before entering th
1[(i) As per the provisions of the Act and in accordance with the order dated 8.6.2005 of Ministry of Power under Electricity Rules, 2005 issued under power to remove difficulties and Electricity (Amendment) Act, 2007, the procedure in clause 8.1 above and as provided herein, does not absolve the authorized officer of the licensee or supplier, from lodging the complaint in a police station within 24 hours from the time of disconnection and filing a case before the Special Court, within 30 days from the date of disconnection.
On failure to file a case before the Special Court within 30 days of disconnection, it shall be construed that the licensee has failed to achieve and maintain the standards of performance, and the aggrieved consumer can directly approach the Commission for the failure of the licensee in discharging its obligation under Section 57 of the Act and the authorized o
Legal Comments
"Introduction" - UP Electricity Supply Code 2005 governs grant of supply, arrears, theft, and remedies; relevant sections include Clause 4.1/4.3(f), Clause 8.2 (theft procedure), and Clause 6.5/6.15 for dispute redressal and recovery - [Sources: Anand Kumar VS State Of U. P. , Chandra Prakash Awasthi VS Chairman Energy Deptt. U. P. Power Corporation, MUNNI LAL VS STATE OF U. P. , Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , AKANKSHA INTERNATIONAL VS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD, Anuj Joshi VS Union of India]
"What Section Says" - Section Cl.8.2 (theft/cognizance procedure) sets the procedure for theft cases; Section 47/47(5) deals with security deposit and prepaid meters; Section 4.1 requires licensee to supply within one month subject to no arrears; Section 4.3(g)-(h) addresses dues on sub-divided premises - [Sources: , Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , Anand Kumar VS State Of U. P. , MUNICIPAL CORPORATION OF GREATER MUMBAI VS MAHARASHTRA ELECTRICITY REGULATORY COMMISSION, T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board]
"Essential ingredients" - (i) Valid theft allegation under Section 126/135; (ii) Provisional assessment with hearing; (iii) Due process and show-cause; (iv) Compliance with UP Code provisions (8.2 procedures) and natural justice; (v) Right to challenge via DCGRF/APP; (vi) No double jeopardy with other forums - [Sources: Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , CITI HOTEL VS COMMISSOINER LUCKNOW DIVN , KALAWATI RANA VS U. P. POWER CORPORATION LTD. , Foran Singh VS Executive Engineer, D. V. V. Division, CITI HOTEL VS COMMISSOINER LUCKNOW DIVN ]
"Scope of Section" - Applies to unauthorized use or theft of electricity; interacts with 2005 UP Code provisions on provisional/final assessments, appeals under Section 127, and remedies under 42/43/45; not limited to criminal proceedings; interacts with cross-jurisdictional disputes (UP vs Delhi border cases) - [Sources: MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, Shree Prakash Shukla VS State of U. P. Thru. Prin. Secy. Power Corporation, Human Fundamental Rights Association (Regd. ) VS Union of India, T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board, JAWAHAR NAGAR INDUSTRIAL WELFARE SOCIETY VS B. S. E. S. YAMUNA POWER LTD]
"Punishment for Section" - The code provides for recovery, penalties, and restoration; assessment may be at 2x or other rates per Annexure/Code; criminal penalties under IPC/EA 2003 (Sec. 135) may apply; order to restore connection upon compliance; payment of disputed amounts may be required as interim measure - [Sources: Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , CITI HOTEL VS COMMISSOINER LUCKNOW DIVN , 02500055760, KANPUR ELECTRICITY SUPPLY COMPANY LTD. VS STATE OF U. P. , MAYUR SHEETGRAH PVT. LTD. VS U. P. POWER CORPORATION LTD. ]
"Judicial approach to arrears on sale/transfer" - Auction purchasers or new owners are liable for previous dues if Code clauses (4.3(g)/(h)) require pro-rata payment; No-Dues Certificate requirement for new connection to premises with arrears; courts have consistently upheld purchaser's liability to ensure due payments - [Sources: Rkg Industries LLP VS Uttar Pradesh Power Corporation Limited, Chandra Prakash Awasthi VS Chairman Energy Deptt. U. P. Power Corporation, KALAWATI RANA VS U. P. POWER CORPORATION LTD. , U. P. Avas Evam Vikas Parishad VS U. P. Power Corpn. Ltd. , Anand Kumar VS State Of U. P. ]
"Dispute resolution path" - UP Code 2005 provides consumer grievance routes (DCGRF, Electricity Ombudsman) and mandatory timelines; courts emphasize alternative remedy before filing writ; maintainability depends on whether statutory remedy is adequate - [Sources: Anuj Joshi VS Union of India, Shree Prakash Shukla VS State of U. P. Thru. Prin. Secy. Power Corporation, Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , 00541?; Santosh Kumar Trivedi VS U. P. Power Corporation Ltd. Thru. Managing Director]
"Security deposit & prepaid meters" - Section 47(5) creates a right to prepaid meters; licensee cannot demand security if prepaid meter requested and available; but availability of HT prepaid meters may affect timing; courts stress availability and read with Section 55 on meters - [Sources: T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board, MADHYA PRADESH PASHCHIM KSHETRA VIDYUT VITRAN COMPANY LTD. (MPPKVVCL), INDORE VS MARAL OVERSEAS LTD. , 025001059?; Indian Drugs and Pharmaceuticals Ltd. VS Uttar Pradesh State Electricity Board]
"Preliminary checks on meters" - Where meters defective, Clause 11.3 of Code 2005 requires reassessment using last 12 months’ average; if meter is defective, bills should be computed accordingly and fresh bills issued - [Sources: Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission, Anuj Joshi VS Union of India]
"Arrears recovery from transferees" - Clause 4.3(g)/(h) prohibits denying new connection solely for dues of predecessor; but conditions may allow pro-rata recovery or bank guarantees to permit new connections - [Sources: Dhirendra Kumar Chaudhary VS State of U. P. , 00100046945, Rkg Industries LLP VS Uttar Pradesh Power Corporation Limited]
"Provisional connection in disputes" - Clause 4.4 of Code 2005 allows provisional connection in civil disputes; courts have ordered provisional connections pending resolution - [Sources: Chandra Kala Singh VS U. P. Power Corporation Ltd. Thru' C. M. D. , CITI HOTEL VS COMMISSOINER LUCKNOW DIVN ]
"Open access / HT connections" - MP/UP cases recognize MPERC/UPPCL interplay; disputes about independent feeders vs mixed feeders are resolved by regulatory framework and Commission orders - [Sources: MADHYA PRADESH PASHCHIM KSHETRA VIDYUT VITRAN COMPANY LTD. (MPPKVVCL), INDORE VS MARAL OVERSEAS LTD. , SIGMA CASTINGS VS PURVANCHAL VIDUT VITRAN NIGAM]
"Theft vs provisional assessment interplay" - Code 2005 requires provisional assessment before finalizing theft-related charges; in some judgments, this clarified that assessment under Section 126 is appropriate even in theft cases, with MRI reporting and due process - [Sources: MAYUR SHEETGRAH PVT. LTD. VS U. P. POWER CORPORATION LTD. , Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. ]
"Jurisdictional notes" - Border-area disputes (Delhi-UP) show State Regulators may coordinate; courts refuse to bind cross-border supply in the absence of regulatory alignment; direction to set up infrastructure or negotiate inter-state supply arrangements - [Sources: Human Fundamental Rights Association (Regd. ) VS Union of India, JAWAHAR NAGAR INDUSTRIAL WELFARE SOCIETY VS B. S. E. S. YAMUNA POWER LTD]
"No-Dues vs new connection" - For new applications on premises with arrears, No-Dues Certificate is generally required; however, if entire arrears are deposited and verified, No-Dues may be issued and connection granted - [Sources: KALAWATI RANA VS U. P. POWER CORPORATION LTD. , CITI HOTEL VS COMMISSOINER LUCKNOW DIVN ]
"Interplay with higher laws" - UP Code provisions operate under the Electricity Act 2003 and 1948; multiple judgments discuss that Code provisions supplement and harmonize with the Act; Regulation/Code supremacy follows statutory framework (Section 181/50) - [Sources: MADHYA PRADESH PASHCHIM KSHETRA VIDYUT VITRAN COMPANY LTD. (MPPKVVCL), INDORE VS MARAL OVERSEAS LTD. , Anand Kumar VS State Of U. P. , U. P. Avas Evam Vikas Parishad VS U. P. Power Corpn. Ltd. ]
"Remedies for distressed consumers" - Courts recognize due process and alternative remedies; in disputes over connection, disputed bills, or provisional assessments, the Code provides remedial avenues with time-bound relief and sustained service restoration where warranted - [Sources: Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , Santosh Kumar Trivedi VS U. P. Power Corporation Ltd. Thru. Managing Director, Banke Bihari Crushers & Pole Pvt. Ltd VS Jharkhand State Electricity Board]
"Interest on security deposits" - Where security is deposited, courts award interest at bank rates per Section 47 and related UP Code clauses; failure to comply can lead to refunds with interest on delay - [Sources: DEV PRAYAG PAPER MILL (PVT. ) VS STATE OF U. P. , T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board]
"Appellate/Tribunal references" - Appellate Tribunal for Electricity and UPERC interpretations often set the standard for charges, security, and enforcement; higher courts often emphasize Code provisions over older memoranda - [Sources: U. P. Avas Evam Vikas Parishad VS U. P. Power Corpn. Ltd. , Anand Kumar VS State Of U. P. , 00100046945]
"Takeaway for practice" - When arguing under UP Electricity Supply Code 2005 Cl.8.2: focus on proper identification of theft, adherence to hearing timelines, availability of MRI reports when required, and alignment with Code provisions for provisional/final assessments; consider No-Dues/anti-arrear rules for new connections, and invoke alternative remedies under Clause 6.5 and DCGRF before court action - [Sources: Shiv Shankar Giri VS Purvanchal Vidyut Vitran Nigam Ltd. , Pankaj Steels VS Jharkhand Urja Vikas Nigam Limited, KALAWATI RANA VS U. P. POWER CORPORATION LTD. , Anuj Joshi VS Union of India]
"References" - Comprehensive case trail: Paschimanchal Vidyut Vitran Nigam Ltd. v. DVS Steels (SCC 2009), Isha Marbles v. Bihar State Electricity Board (SCC citations), UP Electricity Supply Code 2005 (Cl.8.2, 4.1, 4.3, 6.5), UPERC Regulations and Madhya Pradesh MP cases on jurisdiction and Open Access/HT connections - [Sources: Rkg Industries LLP VS Uttar Pradesh Power Corporation Limited, Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission, MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED, MADHYA PRADESH PASHCHIM KSHETRA VIDYUT VITRAN COMPANY LTD. (MPPKVVCL), INDORE VS MARAL OVERSEAS LTD. , Human Fundamental Rights Association (Regd. ) VS Union of India, Satish Gangrade VS M. P. Madhya Kshetra Vidyut Vitran Company Limited]
The licensees are mandated to take following steps:
1. Arrange to provide pilfer proof meter boxes on meters of at least 20% connections every year.
2. Review the status of service lines, to ensure that it is proper and wherever required, it should be replaced to prevent theft/by passing of meter.
3. Regular inspection of premises of persons and other persons-At least 5% of total connections should be inspected annually.
4. Priority shall be given to detection of direct theft cases by the vigilance teams of the licensee, particularly in theft prone areas.
5. Regular monthly monitoring of consumption of high value consumer, which shall include all the HT connections and L T connections having contract dema
In case a consumer comes forward and voluntarily declares tampering of meter and/or seals:
1[(a) The tampered meter shall be replaced with a new meter by the Licensee immediately and the Licensee shall raise the assessment bill at two times the normal tariff for all consumers reckoned for three previous bills prior to date of declaration.]
(b) The energy bill, for the period the meter is not replaced, shall be sent as per the procedure for defective meters.
(c) No FIR shall be lodged in case a consumer voluntarily declares the tampered meter and pays the requisite charges in time.
(d) In case of default in payment, the procedure for booking the case of consumer shall be followed.
_________________________
While making the assessment bill, the Licensee shall give credit to the consumer for the payments for energy consumption already made by the consumer for the period of the assessment bill. The assessed bill shall be prepared after excluding the payment for energy consumption already made by the consumer. The bill shall clearly indicate the timing, days and place where it is to be deposited.
The Licensee may direct the consumer to curtail, stagger or altogether stop using supply in any of the following conditions and the Licensee shall not be liable for any claim or compensation on account of loss or damage arising out of failure of supply in such conditions :
(i) When such failure is due to cyclone, floods, storms or other occurrences beyond his control either directly or indirectly, to war, mutiny, civil commotion, riot, strike, lockout, fire, flood, tempest, lightning, earthquake or other forced incidents such as break down of equipment, overhead lines and cables or causes beyond the control of the Licensee.
(ii) In the event of restriction on power supply imposed by the Commission under Section 23 of the Electricity Act, 2003.
(iii) In case of a major breakdown in the supply s
It shall be the duty of every consumer to stop wastage and inefficient use of electricity and also to extend necessary cooperation to the Licensee in implementation of the programs for Demand Side Management, and energy efficiency as required by the Energy Conservation Act and the Bureau of Energy Efficiency, and that may be launched by the Licensee. DSM programmes may be undertaken for commercial, public lighting, water works and for energy efficiency improvement in Government buildings, commercial buildings, railways, defence establishments, etc.
Service of any notice on the consumer may be effected either by delivering the notice to the consumer in person by an official of the Licensee or by dispatching the notice by registered post or Courier post or by publication in daily newspaper commonly read in the concerned locality to be kept on the record by the Licensee. In the case of an individual consumer, service of notice to the consumer's spouse or his representative, and in the case of a firm, company or corporation, on the Managing Director, Director or Principal Officer or an authorised person of such a concern, shall be taken as sufficient service for the purposes of this Code. E-mail facility shall be also additionally be used without prejudice to the above, by the licensee if possible.
If a consumer refuses or avoids receiving the notice, the service may be effected by affixing the notice at a conspicuous place on the premises of the consumer, in the presence of two witness or by publication in daily newspaper commonly read in the concerned locality, and in such cases an endorsement shall be made on the copy of the notice. This affixture or publication shall be deemed as sufficient for service of notice.
(i) If any difficulty arises in giving effect to any of the provisions of this Code or there is a dispute regarding interpretation of any provision, the Commission shall pass necessary orders to remove such difficulties or disputes of interpretation.
(ii) In case of any inconsistency in Hindi and English version of the Supply Code, the provision and meaning of English version shall prevail.
The Uttar Pradesh Electricity Supply Code, 2002 (Distribution Code) already stands repealed on 18th February, 2005 vide Not. No. UPERC/Secy-Supply Code/05-4528 dated 18th February, 2005.
By order of the Commission,
Secretary.
Existing Consumer Categories and Billing Cycle
LMV-1 Domestic Light, Fan and Power...One month or two months as per the resources of the Licensee.
LMV-2 Non-Domestic Light, Fan and Power...One month or two months as per the resources of the Licensee
LMV-3 Public Lamps...Monthly LMV-4 Public Institutions...Monthly
LMV-4(A) Light, Fan and Power for Public Institutions-Monthly
LMV-4(B) Light, Fan and Power for Private Institutions...Monthly
LMV-5 Small Power for Private Tube Wells/Pumping Sets for Irrigation Purposes...Six Monthly/Bimonthly/or Monthly
LMV-6 Small and Medium Power...Monthly.
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This form is available free of cost
Application Form For Requisition Of Supply Of Energy
1. Name of the Applicant:
2. Father/Husband's Name:
3. Occupation:
Affix latest Photograph
of the applicant (Attested
by Gazetted Officer/Bank
This form is available free of cost
Indemnity Bond
(If the intending consumer is not the owner of the premises)
To: From:
_____Engineer, _____________
______________ _____________
Whereas the land/premises detailed hereunder, belongs to Sri/Smt____and I am only lessee/tenant/occupier of the said land/premises where I have applied for the electricity connection the said/premise
This form is available free of cost
Owner's Consent Letter for getting New Supply Connection
To, Dated: ................
The Executive Engineer
(Address of the Licensee)
OWNER'S CONSENT LETTER
I _________of ________ being the legal owner of the premises No. ___________ hereby agree as follows:
I consent to the installation by you at the above-mentioned premises tenanted by Shri _________of electric service cables, meters, wiring, fittings and other equipments for the supply of electricity (hereinafter called
Annexure 4.3 of the Uttar Pradesh Electricity Supply Code, 2005, primarily pertains to the format for owner consent required for obtaining a new electricity supply connection. It acts as a formal document ensuring the owner’s approval for the connection, thereby facilitating legal and procedural clarity in the supply process.
Annexure 4.3 specifies the format and content of the owner’s consent for a consumer to receive a new electricity connection. It includes details such as the owner’s acknowledgment of the connection, consent to the terms, and authorization for the licensee to proceed with the connection process.
The annexure applies to all cases where a consumer requests a new electricity connection, particularly in scenarios involving private property owners. It ensures that the licensee obtains formal consent, reducing disputes and clarifying responsibilities.
As Annexure 4.3 primarily deals with documentation and consent format, it does not prescribe specific punishments. However, non-compliance with the procedural requirements, such as submitting false consent, could lead to legal penalties under the Electricity Act, 2003, and applicable laws.
This commentary synthesizes the legal significance of Annexure 4.3 within the Uttar Pradesh Electricity Supply Code, 2005, highlighting its role in ensuring lawful, efficient, and dispute-free electricity connection procedures.
Work Completion Certificate and Test Result
(To be filled by Licensed Electrical Contractor)
1. Name of Consumer:
2. Father/husband's Name:
3. Address:
4. Voltage and System of Supply: Volt Phase.
5. Details of Load:
Description 220/230 V 400/440 V HT/EHT
Phase 1 Phase 2 Phase 3
No. Total Watt No. Total Watt No. Total Watt No. Total Load No. Total Load
1. Light Points
2. Fan Points
This form is available free of cost
Application Form for Requisition of Temporary Supply of Energy
1. Name of the Applicant:
2. Occupation:
3. Address of the Applicant:
4. Address where connection is required:
a. (Indicate land marks to identify the location)
5. Total Connected Load
6. Purpose of Supply:
7. (a) Date from which supply is required
(b) Duration for which supply is required
8. Details of Fee
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Procedure for Determination of Connected Load
1. Bulb/Fan Actual rating or 60 Watt each, if it is not possible to read the rating on the bulb/fan.
2. Tube Light Actual rating or 40 Watt each
3. Light Plug 60 Watt upto three plugs and extra 60 Watts for every three plugs or less.
4. Television
(a) Colour
(b) Black and White
100 Watt
60 Watt
5. Power Plug 500 Watt up to three plugs and extra 500 Watts for every three plugs or less.
6. Fridge 250 Watt
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This form is available free of cost
Format for Disconnection
To, Dated:
The Executive Engineer (EDD)
________________________
________________________
A connection No. _____ for contracted load of ----------- KW/HP/MW exists in the name of ____________________ (address). It is requested that the above connection may please be disconnected, and the relevant agreement with the Company be terminated forthwith.
Following documents are enclosed herewith:
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This form is available free of cost
Format for Intimation to Consumer after Termination of Agreement
Office Address
No.____ Dated:.............
_______(Name of Consumer)
_______(Address)
This is to inform you that an agreement dated against connection No ____ between yourself and ____ (Name of Licensee) regarding supply of ___ KW/HP/MW (Please indicate contracted load) in the _______ consumer category has been terminated w.e.f _________ on account of: __________
Your supply has been disconnected permanently.
&
This form is available free of cost
Format for Intimation to Consumer after Temporary Disconnection of Supply
Office Address
No.____ Dated:
_______(Name of Consumer)
_______(Address)
Reference:
Connection No._________
Consumer Category________
Contracted Load ________
This is to inform you that your supply has been temporarily disconnected with effect from ________ du
This form is available free of cost and must be submitted in duplicate
Application Form for Enhancement/Reduction of Contract Demand
To,
(Name of Licensee)
Application No.: Dated:.................
Connection No.:
Name of consumer:
Address
In view of revision of load requirement due to ____________ I/We hereby request for enhancement/reduction of our Contract Demand as detailed below as per provisions of the Distribution Code.
1. Address at whi
This form is available free of cost
Format for transfer of connection/mutation of name
To, Dated:
The Executive Engineer
_________________________
_________________________
A Connection No. ______ for contracted load of exists in name of _____ at __________ (address). It is requested that above referred connection may please be transferred in name of _______________ at same address due to following reasons:
Following documents for transfer of above connection is enclosed herewith.
&
Agreement for Supply of Electrical Energy
(For all load of PTW, Industrial and in other category load greater than/equal to 25 KW)
THIS AGREEMENT is executed at __ on this __ day of __.
BETWEEN
(NAME OF DISTRIBUTION COMPANY), a Company incorporated under the Companies Act, 1956 having its registered office at ______________________ through its authorized signatory Mr. ________________ hereinafter referred to as "the Licensee" (which expression shall unless repugnant to the subject or context or meaning thereof mean and include its successors-in-interest, nominees and assigns) of the ONE PART.
AND
an Individual/Partnership concern/Proprietorship concern/Institut
This form is available free of cost
Application for Change of Category
To,
The Executive Engineer,
Electricity Distribution Division,
1 Name of consumer:
2. Connection No. :
3. Address:
4. Existing Category: Dom. L.F./Non-dom. L.F./S.M. Power/Large Power
5. Proposed Category: Dom. L.F./Non-dom. L.F./S.M. Power/Large Power
6. Reason for change of category:
Enclosures:
(1) Work completion
This form is available free of cost
Format for Meter Related Complaints or Testing of Meter
Complaint Ref. No.: ______
(To be given by Licensee)
1. Name, address and telephone No., if any of the complaint.
2. Book Number/Service Connection Number
3. Brief description of the complaint-Burnt out/completely stopped/Fast/Seal broken/Testing of Meter
4. Initial cost of meter was borne by consumer/Licensee
5. Complainant desires to provide/has provided a new meter for replacement (Yes/No)
6. Any other information
This form is available free of cost
Format for Application for Advance Payment
To, Dated:
The Executive Engineer
____________________
____________________
____________________
Reference:
Name of Consumer _______________
Address of the Connection _____________
Connection No. _________________
Consumer Category _____
Procedure for Filing of Appeal Before the Appellate Authority
1. Filing of appeal
(a) Any person aggrieved by a final order made by an assessing officer under Section 126 of the Act, may, within 30 days of the order, file an appeal before the Appellate Authority.
(b) The appeal shall be made in the form specified in the Schedule.
(c) The Memorandum of Appeal shall be signed and verified in the manner specified in the Schedule.
(d) The appeal shall be accompanied by the following fee:
Amount assessed Fee
Up to Rs. 1 Lac ...3% of the assessed amount subject to minimum of Rs. 500.
(A) Assessment in case of unauthorized use of electricity -
1. Units Assessed = L * F * D * H.
Where L = is the connected load in kW and in KVA where KVAh rate is applicable.
H = is the actual no. of hours the supply is made available on the feeder if available for the period, or average number of hours per day the supply is made available for different categories as below:
(a) Single shift industry (Day/night only), Agriculture: 10 hrs.
(b) Non-continuous industry (Day/night only): non-domestic general including restaurants, Hotels, guest-houses, petrol pumps, and nursing homes and private hospitals: 20 hrs.
(c) Continuous process industry: 24 hrs.
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Inspection Form
Sub-Division:
I. Inspection notes of Sri. _________ Dated ____200
Time of Inspection: Total time of inspection:
II. (a) Name and address of the consumer:
(b) Person present at the time of inspection:
Name in block letters:
Relationship with the consumer:
Signature
III. (a) Any other person available at the time of inspection and his/her relationship with the Consumer:
(b) Any other departme
In the matter of:
UPERC [Regulation for industrial units under: Sick Industrial Companies (Special Provisions) Act, 1985, the U.P. Industrial Undertakings Special Provisions for Prevention of Unemployment Act, 1966]
Order
1. The most important feature of any Act is its preamble, which itemizes the general principles covered under its ambit. Commission is guided by the preamble of Electricity Act to preserve the spirits of the legislation, and to that extent, has to do the balancing act in the matters related to sick industries or those, which are under verge of closure. The preamble of the Act says:
"An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures con
Guaranteed Standards of Performance and Level of Compensation to Consumer for Default in Each Case
Schedule of Compensation and Manner of Payment
Service area Compensation payable to affected consumer (per Cycle of specified time) Manner of payment
Normal Fuse-off Rs. 50 in each case of default Automatic *
Line Breakdowns Rs. 50 to each affected consumer Automatic *
Distribution Transformer failure Rs. 50 to each affected consumer Automatic*
Voltage Variations To be Claimed *
No expansion/enhancement of network is involved Rs. 50 in each case of default To be Claimed *
Up
This form is available free of cost
Proforma for Complaints
To, Dated:. .........
The Deputy General Manager (Distribution)
__________________________
___________________________
Ref: Complaint regarding scheduled outrage/load shedding
1. Name of the complainant:
2. Address of the complainant:
3. Telephone No., if any, of the complainant:
4. Connection Number:
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UTTAR PRADESH SHASAN
Oorza Anubhag-3
In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no. 173/2006-XXIV/P-3-27P/98 T.C. dated 27-06-2006.
Notification
No. 173/2006-XXIV/P-3-27P/98 T.C.
Lucknow : Dated: 27th June, 2006
In pursuance of the provisions of clause (a) of the Explanation to section 126 of the Electricity Act, 2003 (Act no 36 of 2003) and in supersession of Government Order no. 231-P-2004-24-27P/98, dated January 17, 2004 the Governor is pleased to designate,-
(a) the Executiv
Section ANNEXURE.7.3(i) of the Uttar Pradesh Electricity Supply Code, 2005, pertains to procedures for inspection, provisional assessment, hearing, and final assessment in cases of unauthorized use of electricity (UUE) under Section 126 of the Electricity Act, 2003. It provides a detailed framework for authorities to investigate suspected theft, serve notices, analyze evidence, and conduct hearings, ensuring procedural fairness and adherence to statutory provisions.
This section prescribes:- The process for conducting inspections and investigations upon suspicion of UUE.- The issuance of provisional assessment bills with a show-cause notice.- The opportunity for consumers to respond and present objections.- The procedure for conducting hearings and final assessment.- The appeal process against assessment orders.- The consequences of default, including disconnection and interest on assessed amounts.- The requirement for proper documentation, signatures, and communication to consumers.
This section applies to:- All cases of suspected UUE under Section 126 of the Electricity Act, 2003.- Procedures for inspection, evidence collection, assessment, and appeals.- Both domestic and industrial consumers where unauthorized use is suspected.- Disconnection and recovery actions following assessment.- It aims to standardize investigation and assessment processes across licensees in UP.
While this section itself does not prescribe punishment, it facilitates assessments that can lead to penalties under Section 135 of the Electricity Act, 2003, which involves criminal penalties including imprisonment and fines for theft or unauthorized use. The procedural safeguards aim to prevent arbitrary assessments and ensure fair adjudication, thus indirectly influencing the severity and legality of penalties imposed subsequently.
Section ANNEXURE.7.3(i) of the UP Electricity Supply Code, 2005, provides a detailed, procedural safeguard-laden framework for investigating, assessing, and adjudicating cases of unauthorized electricity use. It emphasizes transparency, consumer rights, and legal compliance, while facilitating effective enforcement against theft. Proper adherence to these procedures is essential to uphold the principles of natural justice and ensure assessments are legally sustainable.
Note: The analysis aligns with judicial pronouncements and regulatory provisions ensuring procedural fairness, evidence integrity, and legal compliance in assessment procedures related to electricity theft under the Electricity Act, 2003.
mrj izns'k 'kklu
ÅtkZ vuqHkkx&3
la[;k % 2635@pkSchl&ih&3&2004
y[kuÅ % fnukad 5 vDVwcj] 2004
dk;kZy; Kki
fo|qr vf/kfu;e] 2003 dh /kkjk 135 ¼2½ ds vUrxZr fofgr 'kfDr;ksa ds rgr tkap@dk;Zokgh gsrq fuEufyf[kr vf/kdkfj;ksa dks vf/kd`r fd;k tkrk gS %
1- lgk;d vfHk;ark@,l0 Mh0 vks0 ;k mlls Åij ds vf/kdkjhA
2- iqfyl lrdZrk 'kk[kk esa rSukr iqfyl mik/kh{kd ,oa mlls Åij ds vf/kdkjhA
v:.k dqekj feJ
izeq[k lfpo
la[;k 2635 ¼1½ ih&3@24&2004 rn~fnukad
(Ref Clause 8.1(a)(vii)]
mrj izns'k fo|qr fu;ked vk;ksx
lUnHkZ % ;wihbZvkjlh@lfpo@2007&1077] fnukad % 30 vxLr] 2007
fo|qr vf/kfu;e] 2003 esa fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk vkjksfir /kkjk 135 ¼1,½ ds vUrxZr izkf/kdkj
fo|qr vf/kfu;e] 2003 esa fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk vkjksfir /kkjk 135 ¼1,½ ds vUrxZr fufgr 'kfDr;ksa ds rgr fo|qr pksjh ds ik;s tkus ij rRdky izHkko ls fo|qr foPNsnu gsrq iwokZapy fo|qr forj.k fuxe fyfeVsM] okjk.klh] if'pekapy fo|qr forj.k fuxe fyfeVsM] esjB] e/;kapy fo|qr forj.k fuxe fyfeVsM] y[kuÅ] nf{k.kkapy fo|qr forj.k fuxe fyfeVsM] vkxjk ,o dkuiqj bysfDVªd lIykbZ dEiuh fyfeVsM] dkuiqj ds lgk;d vfHk;ark@,l0Mh0vks0 ;k mlls Åij ds vf/kdkfj;ksa dks vf/kd`r fd;k tkrk gSA
(Ref Clause 8.1 (a) (vii)]
mrj izns'k fo|qr fu;ked vk;ksx
lUnHkZ % ;wihbZvkjlh@lfpo@2007&1078] fnukad % 30 vxLr] 2007
fo|qr vf/kfu;e 2003 esa fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk vkjksfir /kkjk 135 ¼1,½ ds vUrxZr izkf/kdkj
fo|qr vf/kfu;e 2003 esa fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk vkjksfir /kkjk 135 ¼1,½ ds vUrxZr fufgr 'kfDr;ksa ds rgr fo|qr pksjh ds ik;s tkus ij rRdky izHkko ls fo|qr foPNsnu gsrq uks,Mk ikoj dEiuh fyfeVsM] uks,Mk ds voj vfHk;ark ;k mlls Åij ds vf/kdkfj;ksa dks vf/kd`r fd;k tkrk gSA
;s vf/kdkjh fo|qr pksjh ds ik;s tkus ij fo|qr foPNsnu djus esa leFkZ gksaxsA bu vf/kdkfj;ksa dk ;g Hkh nkf;Ro gksxk fd fo|qr foPNsnu ds 24 ?k.Vs ds vUnj lEcfU/kr iqfyl LVs'ku e
(Ref Clause 8.1(a)(vii)]
mrj izns'k fo|qr fu;ked vk;ksx
lUnHkZ % ;wihbZvkjlh@lfpo@2007&1876] fnukad % 24 tuojh] 2008
fo|qr vf/kfu;e 2003 esa fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk vkjksfir /kkjk 108 ¼1,½ ds vUrxZr izkf/kdkj
fo|qr vf/kfu;e dh /kkjk 135 ¼2½ ds vUrxZr tkjh mrj izns'k 'kklu ds dk;kZy; Kkiu la[;k 28@pkSchl&ih&3&2008 fnukad 3 tuojh] 2008 ds n`f"Vxr mrj izns'k fo|qr fu;ked 30 vxLr 2007 dks la'kksf/kr djus dk fu.kZ; ysrs gq, fo|qr vf/kfu;e 2003 lgifBr fo|qr ¼la'kks/ku½ vf/kfu;e 2007 )kjk 135 ¼1,½ ds izFke ijUrqd ds vUrxZr fufgr 'kfDr;ksa ds rgr fo|qr pksjh ds ik;s tkus rRdky izHkko os fo|qr foPNsnu gsrq iwokZapy fo|qr forj.k fuxe fyfeVsM] okjk.klh] if'pekapy fo|qr forj.k fuxe fyfeVsM] esjB] e/;kUpy fo|qr forj.k fux
Sl. No. District HQ's/Utility Objective Total No. of 11 KV feeder Total No. Of feeders effected Sum of outage duration of all feeders (in hours) Outage duration per Feeder (Col 6/Col. 4) Total No. of Trippings Trippings per Feeders Col. 8/Col. 4 Feeder Reliability index (FRI) Remarks Whether outages include rostering schedule or not
1 2 3 4 5 6 7 8 9 10 11 12
RELIABILITY INDEX AT CONSUMER LEVEL FOR STATE DISTRICT HEADQUARTERS FOR THE MONTH OF:
Legal Comments
"Scope" - UP Electricity Supply Code 2005 covers grant of supply, payment recovery, disconnection, theft provisions, and consumer remedies; it is a regulation framed under Section 181/50 of Electricity Act 2003, and not limited to mere Sections 43-48, 50, 55-59. [Dhirendra Kumar Chaudhary VS State of U. P. ]
"No-Dues Certificate" - For new connections on premises with arrears, new owner cannot be released without No-Dues Certificate as per Clause 4.3(f) of UP Code 2005; where arrears exist, connection shall not be released to the new applicant until dues are cleared. [KALAWATI RANA VS U. P. POWER CORPORATION LTD. ]
"Auction Purchaser Liabilities" - Auction purchasers are liable for previous owner’s electricity dues; UP Code 2005 Sections 4.1, 4.3 impose duty to verify outstanding dues; purchaser bears liability for previous owner's arrears, recoverable under statutory Code. [Rkg Industries LLP VS Uttar Pradesh Power Corporation Limited]
"Prepayment Meter Provision" - Section 47(5) of Electricity Act 2003 provides that licensee cannot demand security if consumer opts for prepaid meter; however, availability of HT prepaid meters matters; Court reads Sub-section (5) as option not obligation, requiring available prepaid meters to trigger no-security requirement. [T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board], [DEV PRAYAG PAPER MILL (PVT. ) VS STATE OF U. P. ]
"Precedent on Disconnection and Recovery" - Courts consistently hold that a distributor may demand security and recover arrears under the Code, subject to due process; but where Code provisions or MRI reports are not properly furnished, orders may be quashed or remanded. See procedures under Sections 126/127/135; Code paras on theft and provisional assessments. [MODERN RICE MILL VS MADHYANCHAL VIDYUT VITRAN NIGAM LIMITED], [CITI HOTEL VS COMMISSOINER LUCKNOW DIVN ]
"Temporary/Provisional Connection" - Clause 4.4 UP Code 2005 allows provisional electricity connection in pending civil disputes; court may direct provisional sanction despite pending suits, highlighting the Code’s accessibility for consumers. [Chandra Kala Singh VS U. P. Power Corporation Ltd. Thru' C. M. D. ], [Foran Singh VS Executive Engineer, D. V. V. Division]
"Defective Meter Billing" - Clause 11.3 UP Code 2005 requires bases for billing on average consumption when meter is defective; orders quashing bills and directing fresh bills align with Code 11.3. [Dayal Steels Ltd. VS Jharkhand State Electricity regulatory Commission], [KALAWATI RANA VS U. P. POWER CORPORATION LTD. ]
"Arrears Recovery from New Purchasers" - Clause 4.3(g)-(h) prohibits refusing connection solely on dues for other portions; however, disclosures show that dues can be allocated pro rata and new connection can be granted with assured payment of respective share. [Rkg Industries LLP VS Uttar Pradesh Power Corporation Limited]
"Independent Feeder / Load Release" - Clause 3.4(a) UP Code 2005 deals with independent feeder for load 1000 KVA and above in industry contexts; allocation of independent vs mixed feeders is a matter of Code interpretation and regulatory determination. [SIGMA CASTINGS VS PURVANCHAL VIDUT VITRAN NIGAM]
"Disciplinary/Natural Justice" - When service personnel conduct inquiries or disciplinary actions, due process and cross-examination opportunities are essential per Constitutional principles; failure can lead to quashing dismissal orders. [Dhirendra Kumar Chaudhary VS State of U. P. ]
"Theft/Unauthorized Use – Provisional Assessment" - Para 8.1-8.3 of UP Code 2005 provide procedural steps: inspection, provisional assessment, show-cause, objections, final assessment; authorities must follow these steps, else orders may be set aside. [Suresh Kumar VS U. P. Power Corporation], [CITI HOTEL VS COMMISSOINER LUCKNOW DIVN ]
"Section 47 Security Deposit" - UP Code 2005 Para 4.20 and Section 47(5) jurisprudence: prepaid meters can eliminate security requirement if meters are available; otherwise security may be required and must be computed per Clause 10.1; decisions emphasize availability of prepaid meters as a condition. [Anuj Joshi VS Union of India], [T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board], [Dharti Agro Industries Pvt. Ltd. vs Managing Director, Pashchimanchal Vidyut Vitran Nigam Ltd.]
"Public Authority Status for RTI" - RTI public authority classification can extend to distribution companies under the Electricity Act 2003; public authority status affects transparency obligations. [NORTH EASTERN ELECTRICITY SUPPLY COMPANY OF ORISSA LTD. VS STATE OF ORISSA]
"Disconnection Jurisdiction Across States" - Cross-border supply disputes (Delhi-UP) show readiness of suppliers to service in respective states; courts may direct inter-state coordination and interim relief while regulators approve infrastructure. [Human Fundamental Rights Association (Regd. ) VS Union of India]
"No-Dues and Refunds on Transfer" - When dues are disputed or bank guarantees provided, courts may order refunds of amounts deposited where the supplier had demanded past arrears from new purchasers; reliance on bank guarantees and regulatory directions. [00100046945], [Santosh Kumar Trivedi VS U. P. Power Corporation Ltd. Thru. Managing Director]
"Open Access / HT Billing" - MP MPBAL Code decisions direct MPERC to settle disputes; in some cases, open access billing disputes are referred to regulators for resolution per Clause 12 of Balancing & Settlement Code. [Ritspin Synthetics Ltd. VS State of M. P. ]
"Interim Relief and No Coercive Steps" - Courts may direct no coercive steps for recovery during representations/remand, until representations are disposed of and regulator/engineer decides; this reflects consumer protection while rights are adjudicated. [Santosh Kumar Trivedi VS U. P. Power Corporation Ltd. Thru. Managing Director]
"Impact of Regulations on Charges" - Regulations such as 10.5, 10.4, and 10.2 in various states’ Supply Codes govern security deposits and calculation methodologies; regulatory differences determine recoverability of unpaid charges from new owners and successors. [Globe Steel and Alloys Private Limited VS Jharkhand Urja Vikas Nigam Limited], [MAYUR SHEETGRAH PVT. LTD. VS U. P. POWER CORPORATION LTD. ]
"Remedies for Disputed Bills" - Clause 6.5 UP Code 2005 provides remedial forum for disputed bills; courts often direct consumer to pursue a remedy under the Code before filing writ petitions. [02500084220]
"Consolidation of Supply Code under Act 2003" - UP Code 2005 interpreter arguments show that the Code is a regulation under Section 181 read with Section 50; it is not limited to 43-48 but includes security, dispute resolution, and performance standards. [Indian Drugs and Pharmaceuticals Ltd. VS Uttar Pradesh State Electricity Board], [Anand Kumar VS State Of U. P. ]
"State vs Central Hierarchy" - UP’s transition from UPSEB to UP PCL and subsidiary Discoms shows regulatory and statutory evolution; tariffs and security deposits governed by the evolving framework, not by outmoded circulars. [U. P. Avas Evam Vikas Parishad VS U. P. Power Corpn. Ltd. ], [AKANKSHA INTERNATIONAL VS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD]
"Open Issues in Jurisdiction for Cross-Border Areas" - Border regions require inter-state agreements, regulator approvals, and status quo until regulatory coordination is achieved; courts may defer to regulator processes. [Human Fundamental Rights Association (Regd. ) VS Union of India]
"Open Access to Prepaid Meter Rights" - Courts have recognized consumer eligibility for prepaid meters and the corresponding protections against security deposits; however, availability of HT prepaid meters is a practical constraint; Code contemplates it when available. [T. & T. Metals Pvt. Ltd. VS Jharkhand State Electricity Board], [Anuj Joshi VS Union of India]
"Restraint on Connection Denials" - Courts have repeatedly directed grant of supply or provisional connections notwithstanding pending disputes, to preserve access to electricity while legal issues are resolved. [Santosh Kumar Trivedi VS U. P. Power Corporation Ltd. Thru. Managing Director], [Chandra Kala Singh VS U. P. Power Corporation Ltd. Thru' C. M. D. ]
1. Bills shall reflect the arrears and amount of current billing separately.
2. The new modes of payment system in place in three months time [clause 6.1(k), 6.10(c) of ESC 05].
3. Tie up with NABL accredited Independent test labs for the third party checking/testing of meters, within three months. (Clause 5.4)
4. Bill-cum-notice shall be in accordance to section 56 and section 171 of EA, 2003 and, clause 9.3 of ESC, 2005.
5. Nodal officers of each licensee shall monitor the progress of implementation of Code and submit monthly report.
6. Submit-Names of Nodal officers appointed to monitor system of performance, compensation to consumers affected due to non-performance.
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