Section 27 in Tamil Nadu Electricity Regulatory Commission Tamil Nadu Electricity Distribution Code
27. Requisitions for Supply of Energy.
(1)The provision regarding the duty of Licensee as detailed in section 43 [of the Act] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008).] to supply electricity on request is reproduced below:(1)[Save as otherwise provided in this Act,] [Inserted as per Commission's Notification No. TNERC/DC/8-9 dated 22.5.2008 (w.e.f. 11.6.2008)] every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply :Provided that 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 may be specified by the Appropriate Commission.Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such. village or hamlet or area.[Provided that the licensee will refuse to supply electricity to an intending consumer who had defaulted payment of dues to the licensee in respect of any other service connection in his name] [Inserted as per Commission's Notification No. TNERC/DC/8-1 dated 22.11.2005 (w.e.f. 7.12.2005).][Explanation. - For the purposes of this sub-section, "application" means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.] [Inserted as per Commission's Notification No. TNERC/DC/8-9 dated 22.5.2008 (w.e.f. 11.6.2008)](2)It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1)Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission.(3)If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.(2)Supply to Agricultural category: Application for supply to agriculture category shall be in Form 2 of Annexure III. In respect of the agricultural category, this provision shall be governed by the directives issued by the Commission from time to time, on the basis of the guidance on this matter by the National Electricity Policy (as stipulated in sub section 4 under section 86 of the Act) and the policy directions in public interest given by the State Government under sub section (1) of section 108 of the Act.(3)The application for HT supply shall be in Form 4. Application for LT supply (except Agricultural category) including Hut service shall be in Form 1 & 3 of Annexure III.Note : Requisitions for supply of energy ( Applications), even if incomplete, and irrespective of whether they are handed over in person or by post, should be acknowledged in writing. If they are in order, they shall be registered immediately and acknowledged. If they are incomplete, the defects should be indicated and returned without registration.(4)An intending consumer who is not the owner of the premises [*] [The words 'he occupies' omitted as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).]shall produce a consent letter in Form 5 of Annexure III to this code from the owner of the premises for availing the supply. If the owner is not available or [*] [The word 'he' omitted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] refuses to give consent letter, the intending consumer shall produce proof of his/her being in lawful occupation of the premises and also execute an indemnity bond in Form 6 of the Annexure III to this code indemnifying the licensee against any loss on account of disputes arising out off effecting service connection to the occupant and acceptance to pay security deposit twice the normal rate.(5)[***] [The words he occupies omitted as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008)](6)Where the intending consumer's premises has no frontage on a street and the supply line from the Licensee's mains has to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the intending consumer and such other person), the intending consumer shall arrange at his/her own expense for any necessary way leave, licence or sanction before the supply is effected. Even when the frontage is available, but objections are raised for laying lines / cables/ poles through a route proposed by the Licensee involving minimum cost and in accordance with the technical norms, to extend supply to the intending consumer, the intending consumer shall arrange at his/her own expense necessary way leave licence or sanction before the supply is effected. Any extra expense to be incurred by the Licensee in placing the supply line in accordance with the terms of the way leave, licence or sanction shall be borne by the intending consumer. In the event of way-leave, licence or sanction being cancelled or withdrawn, the intending consumer shall at his/her own cost arrange for any diversion of the service line or the provision of any new service line thus rendered necessary.(7)It shall not be incumbent on the Licensee to ascertain the validity or adequacy of way-leave, licence or permission obtained by the intending consumer. The consumer is liable for damages, if any, claimed by the person giving way-leave, licence or permission.(8)[***] [[Omitted as per Commission's Notification No. TNERC/DC/8-6 dated 10.9.2007 (w.e.f 3.10.2007) before omission stood as under:'The application for H.T / L.T. industries under 'Red Category' or highly polluting as notified by the Government/ Tamil Nadu Pollution Control Board from time to time shall be received only on production of letter of 'consent to establish ' issued by Tamil Nadu Pollution Control Board along with the application by the prospective consumer.]](9)In case of LT three phase supply, the Licensee shall ensure the following:(i)For all LT three phase services other than domestic and agricultural category, when the contracted demand exceeds 18.6 KW (25 HP), the meter in the service shall have the KW demand recording facility.(ii)For all LT three phase services other than domestic and agricultural category, when the contracted demand does not exceed 18.6 KW (25 HP) and KW recording facility is not available in the meter, the consumer shall not be permitted to have excess connected load over and above the contracted demand. The consumer shall however be permitted to opt for meters with KW demand recording facility, allowed to have connected load in excess of contracted demand and covered under the provisions of the excess demand charges as stipulated in the Supply Code.(10)Notwithstanding anything contained in this clause, the Licensee will refuse to supply electricity to an intending consumer for any industry, including welding purpose in any predominantly residential area, if in the opinion of the Engineer, such supply will cause voltage fluctuations in the' supply to the area and consequent inconvenience in that area. The decision of the Engineer as to whether there will be voltage fluctuations in the said area shall be final and binding on the intending consumer. "Residential" area means area recognized as such by Municipal Corporations, Municipalities, Townships, Panchayats or such other local authorities constituted under any law for the time being in force. If however, the area under consideration is declared as a residential cum industrial area by the competent bodies, the above provision shall not apply.(11)The requirement to be notified by the Authority through regulations shall be complied with for availing the service connection.(12)[Supply shall be given in poromboke land on production of -(i)No Objection certificate obtained from the Officer (not below the rank of Deputy Tahsildar) or(ii)Where such No Objection Certificate could not be produced by the applicant for service connection the following undertaking shall be furnished: -(1)"I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are required by the Government and / or any dispute arises at a later date and that electricity supply given in this regard will not confer any claim on ownership of the land.(2)I am aware that the above undertaking shall not confer permanent and full right to the ownership of the land.](13)Within a door number or sub door number, an establishment or person will not be given more than one service connection.(14)[ Where more than one person or more than one establishment is or intended to be in occupation of a door number or sub door number, more than one service connection will be given only if there is a permanent physical/electrical segregation of areas for which different service connections are applied for.] [Substituted by Notification No. TNERC/DC/8-19, dated 01-07-2014.](15)In case of flat system and shopping complexes where more than one flat or shops are located [with permanent physical segregation] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).], more than one service shall be given.(16)In case of non compliance by the Licensee, of the provisions as above, the intending consumer can approach the Consumer Grievance Redressal Forum [established under section 42(5) of the Electricity Act 2003] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).].Explanation. - For the removal of doubts, the expression "other compliances" occurring in the Explanation to section 43(1) of the Act as reproduced in sub-regulation (1) above, shall include the following, namely: -(a)the compliance by the intending consumer of other laws of the State of Tamil Nadu relating to the obtaining of permit or approval or sanction or consent from the appropriate authorities as mentioned in such laws in regard to construction, alteration or repairs to buildings or establishment of new industries or factories or other establishments for which supply of electricity is required by such intending consumer;(b)the compliance by the intending consumer of the provisions contained in sub regulations (4), (11) and (12) above;(c)the compliance by the intending consumer of any decree or order or judgment of any civil court in regard to the supply of electricity or other requirements mentioned in such decree or order or judgment.
