Section 3 in Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005
3. Recovery of Charges.
- 3.1 The Distribution Licensee is authorized to recover charges for the supply of electricity from any person requiring such supply in accordance with the provisions of the Act and these Regulations.3.2The charges that a Distribution Licensee is authorized to recover under these Regulations include-(a)recovery of such expenses as may be reasonably incurred by the Distribution Licensee in providing electric line or electrical plant used for the purpose of giving supply, in accordance with Regulation 3.3 below;(b)charges for electricity supplied by the Distribution Licensee in accordance with Regulation 3.4 below.3.3Recovery of expenses for giving supply. - 3.3.1 The Distribution Licensee shall recover the expenses referred to in Regulation 3.2(a) above, in accordance with the principles contained in this Regulation 3.3 and based on the rates contained in the schedule of charges approved by the Commission under Regulation 18:Provided that the Distribution Licensee may, with the approval of the Commission, in case of any category of consumers, recover such expenses on the basis of an average or normative rate for providing the electric line or electrical plant for the purpose of giving supply.3.3.2Where the provision of supply to an applicant entails works of laying of serviceline from the distributing main to the applicant's premises, the Distribution Licensee shall be authorized to recover all expenses reasonably incurred on such works from the applicant, based on the schedule of charges approved by the Commission under Regulation 18:Provided that the Distribution Licensee shall be entitled to use such service-line to supply electricity to any other person, notwithstanding that all expenses reasonably incurred have been recovered in accordance with this Regulation 3.3.2, except if such supply is detrimental to the supply to the consumer already connected therewith.3.3.3Where the provision of supply to an applicant entails works of installation of Dedicated distribution facilities, the Distribution Licensee shall be authorized to recover all expenses reasonably incurred on such works from the applicant, based on the schedule of charges approved by the Commission under Regulation 18.3.3.4Where the provision of supply to an applicant entails works, not being works referred to in Regulation 3.3.2 or Regulation 3.3.3 above, for augmentation of the distribution system, the Distribution Licensee shall be authorized to recover from the applicant such proportion of the expenses reasonably incurred on such works as the load applied for bears to the incremental capacity that will be created by augmentation of the distribution system:Provided that where the load applied for does not exceed 25 per cent of the capacity that will be created by augmentation of the distribution system, the Distribution Licensee shall not be entitled to recover any expenses under this Regulation 3.3.4:Provided further that any dispute with regard to the need for and extent of augmentation of the distribution system under this Regulation 3.3.4 shall be determined in accordance with the procedure set out in the Consumer Grievance Redressal Regulations.3.3.5Where the Distribution Licensee has recovered the expenses referred to in Regulation 3.3.3 above at any time after the notification of these Regulations, the consumer shall be entitled to the depreciated value of such dedicated distribution facilities, upon termination of the agreement or permanent discontinuance of supply in accordance with these Regulations:Provided that where such facilities have been provided by the consumer, then such facilities may be retained by the consumer upon termination of the agreement or permanent discontinuance of supply in accordance with these Regulations:Provided however that where the discontinuance of supply is on account of the consumer's failure to pay any sum under Section 56 of the Act, the Distribution Licensee, in addition to the rights available under that Section, shall be entitled to adjust such sums due from the depreciated value of facilities to which the consumer is entitled under this Regulation 3.3.5 or to retain facilities of such depreciated value as to cover such sums due from such consumer to the Distribution Licensee.3.3.6Where an applicant requires temporary supply then, notwithstanding anything contained to the contrary in this Regulation 3.3, the Distribution Licensee shall be authorized to recover all expenses reasonably incurred for the purpose of giving such temporary supply and for the purpose of discontinuance of such temporary supply:Provided that where the works relating to such temporary supply are carried out by the Distribution Licensee and paid for by the person requiring such temporary supply, then such person shall receive credit for the depreciated value of such works at the time of discontinuance of such temporary supply and return of facilities to the Distribution Licensee:Provided however that where the works relating to such temporary supply are carried out by the person requiring such temporary supply, then such person shall be entitled to retain such works at the time of discontinuance of such temporary supply.3.3.7The Distribution Licensee shall maintain the works for the purpose of giving supply to the consumer over the period of such supply.3.3.8Where the Distribution Licensee permits an applicant to carry out works under this Regulation 3.3 through a Licensed Electrical Contractor, the Distribution Licensee shall not be entitled to recover expenses relating to such portion of works so carried out by the applicant:Provided however the Distribution Licensee shall be entitled to recover, from the applicant, charges for supervision undertaken by the Distribution Licensee, at such rate, as may be approved in the schedule of charges under Regulation 18, not exceeding 15 per cent of the cost of labour that would have been employed by the Distribution Licensee in carrying out such works.3.4Charges for Electricity Supplied. - 3.4.1 The Distribution Licensee is authorized to recover charges for electricity supplied in accordance with such tariffs as may be fixed from time to time by the Commission:Provided that in case of distribution of electricity in the same area by two or more Distribution Licensees, the Commission may fix only the maximum ceiling of tariff for retail sale of electricity.3.4.2The Distribution Licensee is also authorized to recover such surcharge and charges for wheeling as may be specified under the provisions of sub-section (2) and subsection (3) of Section 42 of the Act and such additional surcharge as may be specified under the provisions of sub-section (4) of Section 42 of the Act.3.4.3Unless otherwise specified, all HT and LT charges refer to one point of supply and each separate establishment shall be given separate point of supply.3.4.4The charges for electricity supplied under this Regulation 3.4 may include a fixed charge in addition to a charge for actual electricity supplied, in accordance with terms and conditions of tariff as may be specified.3.4.5In addition to the charges fixed by the Commission, consumers shall be required to pay all taxes, duties and other statutory charges as may be required under any law for the time being in force.
