Section 40 in The Maharashtra Electricity Regulatory Commission (Distribution Open Access) Regulations, 2014
40. Force Majeure.
- 40.1 Nothing contained in these Regulations shall be taken as requiring a Distribution Licensee to grant connectivity, consent for Open Access if it is prevented from so doing, by the occurrence of any Force Majeure event. Force Majeure events are:(i)Natural phenomenon including but not limited to floods, cyclone, droughts, earthquake and epidemics;(ii)War (whether declared or undeclared), mutiny, invasion, armed conflict or act of foreign enemy in each case involving or directly affecting India, revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in each case within India;(iii)nuclear explosion, radioactive or chemical contamination or ionizing radiation directly affecting the generation station, captive generating plant or the consumer, inter-state transmission system or intra-state transmission system or any facility or system that is integral to and substantial for the performance of obligations.(iv)any event or circumstances of a nature analogues to any events set forth above within India:Provided that the Distribution Licensee shall within fifteen (15) days from the occurrence of such a Force Majeure event notify the applicant/Open Access user.Notwithstanding anything to contrary contained hereunder these Regulations the Distribution licensee shall not liable for any loss or obligations due to force majeure conditions.
