Section 5(4) in The Tamil Nadu Electricity Supply Code, 2004
(4)Belated payment surcharge (BPSC). -(i)All bills are to be paid in the case of HT consumers, within the due date specified in the bill and in the case of LT consumers, within the due date and notice period specified in the consumer meter card.(ii)[ (a) Where any HT consumer neglects to pay any bill by the due date, he shall be liable to pay belated payment surcharge from the day following the due date for payment. Where any LT consumer (except services relating to Public lighting and water supply and other services belonging to Local Bodies) neglects to pay any bill by the last day of the notice period, he shall be liable to pay belated payment surcharge from the day following the last day of the notice period. [[Substituted by Commission's Notification No TNERC/SC/7-7 dated14.12.2007 (w.e.f.9.1.2008) before substitution it reads as under:'(i) Where any HT consumer neglects to pay any bill by the due date, he shall be liable to pay belated payment surcharge from the.day following the due date for payment. Where any LT consumer neglects to pay any bill by the last day of the notice period, he shall be liable to pay belated payment surcharge from the day following the last day of the notice period. The surcharge shall be for a minimum period of fifteen days and where the delay exceeds fifteen days but does not exceed one month, it shall be for one whole month and where the delay exceeds one month, it shall be for the number of whole months and for any fraction of a month it shall be proportionate to the number of days.]](b)Where the local bodies neglect / fail to pay any bills in respect of LT services for Public Lighting and Public Water Works, and other services of Local Bodies the belated payment surcharge shall be applicable for the payments made beyond 60 days from the date of demand. In case of payment made beyond 60 days from the date of demand, the belated payment surcharge shall be payable from the day following the 60th day of demand.(c)The surcharge shall be for a minimum period of fifteen days and where the delay exceeds fifteen days but does not exceed one month, it shall be for the number of whole months, and for any fraction of a month, it shall be proportionate to the number of days.](iii)If the due date in the case of HT consumers and the last day of the notice period in the case of LT consumers falls on a holiday, the surcharge is payable from the day following the next working day.(iv)[ In the case of LT Consumers (except Local Bodies) the surcharge shall be 1.5% per month for the outstanding arrears towards the price of electricity supplied. In respect of LT services belonging to Local Bodies, the surcharge shall be 0.5% per month for the outstanding arrears towards the price of electricity supplied] [Substituted by Commission's Notification No TNERC/SC/7-7 dated14.12.2007 (w.e.f.9.1.2008)](v)[ In the case of HT consumers except Local Bodies and Government Departments the surcharge shall be 1.5% per month for the notice period. In the case of Local Bodies and Government Departments, the surcharge shall be 1% per month for the notice period. [Substituted as per Commission's Notification No TNERC/SC/7-4 dated 25.5.2007 (w.e.f.13.6.2007)]However for the consumers who are availing of extension of time beyond the notice period up to the end of the due month, on an application to the licensee, the BPSC shall be at 2% per month from the expiry of the due date allowed for payment, for a full month irrespective of the number of days delayed. When no extension of time is granted or the delay continues after the expiry of the extended time, the surcharge shall be at 1.5% per month](vi)In case of sums other than price of electricity supplied which are outstanding, surcharge shall be leviable at the discretion of the licensee at a rate not exceeding 1.5 % per month.(vii)In the case of short assessment included in a subsequent bill, surcharge shall accrue in the case of HT consumers, after the due date for the payment of the subsequent bill wherein the short assessment is included and in the case of LT consumers, it shall accrue from the day following the last day of the notice period.(viii)In the case of short assessment permitted to be payable in instalments, the surcharge shall accrue only when there is default in the payment schedule and the surcharge shall be worked out from the day following the day on which the instalment fell due and shall be payable along with the amount of instalment due.(ix)Where the service connection stands terminated, the amount of security deposit and the interest accrued thereon shall first be adjusted against belated payment surcharge and the remainder, if any, against other dues.(x)The belated payment surcharge is payable only on any outstanding amount excluding belated payment surcharge component.(xi)The belated payment surcharge shall not be levied on electricity tax and electricity tax shall not be levied on the belated payment surcharge.[Explanation. - In this regulation and other regulations of this code, the reference to the expression 'HT Consumer' shall be deemed to include a reference to the expression 'EHT consumer' also] [Inserted by Commission's Notification No. TNERC/SC/7-4/dated 25.5.2007 (w.e.f. 13.6.2007)].
