Section 17 in The Tamil Nadu Electricity Supply Code, 2004
17. Agreement with respect to supply: Issues on recovery of charges.
(1)Every consumer shall pay to the licensee, from the date of commencement of supply till the agreement is terminated, security deposit, minimum monthly charges, fixed charges, if any, and other charges as provided in the tariff orders, this Code and any other orders in this regard by the Commission, from time to time. However, any consumer, who has not availed of reconnection even after the expiry of termination of agreement period, the monthly minimum charges [shall be payable upto the date of termination of such agreement.] [Substituted for the expression 'may be limited to the date of disconnection' by Commission's Notification No. TNERC/SC/7-4 dated 25.5.2007 (w.e.f. 13.6.2007).](2)Notwithstanding the termination of the agreement, the consumer shall be liable to pay the arrears of current consumption charges or any other sum due to the licensee on the date of disconnection and meter rent, if any, upto the date of termination of the agreement and Belated Payment Surcharge (BPSC) upto the date of payment.(3)The licensee may require the consumer, who, at any time during the currency of the agreement, intends to sell or otherwise dispose of or lease out in whole or in part of the premises or business to which supply is given or has been contracted for, to give three months' notice of his intention to the [designated authority of the distribution licensee] [Substituted for the expression 'Engineer of the Licensee' as per Commission's Notification No.TNERC/SC/7-4 dated 25.5.2007 (w.e.f. 13.6.2007).] and clear all dues upto the date of sale / disposal / lease. In the case of such notice, the agreement in so far as the consumer is concerned, will cease to operate with effect from the date specified in such notice, but without prejudice to any claim or right which may have accrued to the parties thereunder.(4)If the consumer fails to give advance intimation as aforementioned of his intention to sell or lease out or otherwise dispose of the properties or business to which supply is given or contracted for, the licensee shall have the right to recover the charges for consumption and other charges due to the licensee under the agreement even beyond the date of sale or lease out or otherwise disposal of the properties or business.(5)If a service connection remains disconnected for a period of three months for non-payment of dues to the licensee, the licensee shall issue a notice requiring the consumer to get supply restored within three months from the date of receipt of such a notice and intimating him that failure to avail supply within that period will result in termination of the agreement. After the expiry of notice period of three months, the agreement shall stand terminated.(6)[ ***] [Inserted by Commission's Notification No. TNERC/SC/7-3 dated 10.4.2007 (w.e.f 25.4.2007) later omitted by Commission's Notification No.TNERC/SC/7-12 dated 27.02.2009 (w.e.f. 1.4.2009).](7)[ The licensee shall on receipt of the notice referred to in sub - regulation (3) make such adjustment of the dues due to him from the consumer as may be necessary to clear the dues from the consumer against the security deposit or additional security deposit or any other deposit made by the consumer, and after making such adjustment, refund the balance deposit, if any, to the consumer within three months from the date of expiry of the notice period referred to in sub-regulation (3).] [Inserted by Commission's Notification No. TNERC/SC/7-6 dated 3.12.2007 (w.e.f. 19.12.2007)](8)[ Where any consumer has more than one service connection, if he defaults in the payment of dues relating to any one of the service connections, the licensee may cause other service connections in the name of the consumer to be disconnected on issuing proper notice till all the arrears due for all the service connections are paid, notwithstanding the fact that the service connections are covered under separate agreements.] [Inserted by Commissions Notification No. TNERC/SC/7-25 dated 18.3.2011]In case of service connections in a premises, which have been disconnected / dismantled for defaults in payment of dues whatsoever and if such service connections are to be reconnected or new service connections are to be obtained by other persons in such premises either by purchase or transfer or lease basis, the Distribution Licensee shall reconnect such service connections or effect new service connections, as the case may be, in such premises only after payment of dues attributed to such premises by the applicant:Provided that in case such premises have legally been sub-divided, the outstanding dues attributed to such premises shall be divided in proportion to the area covered by that sub-division. A new service connection to any of such sub-divided premises shall be given only after the share of outstanding dues attributed to such sub-divided premises, is duly paid by the applicant. The Distribution Licensee shall not refuse connection to an applicant of such sub-divided premises only on the ground that, dues attributed to the other portion(s) of such sub-divided premises have not been paid, nor shall the licensee demand record of last paid bills of such other portion(s) from such applicants.(b)The authorised officer of the licensee may permit such applicant to pay the outstanding dues in instalments and to avail the service on payment of 40% of the total arrears outstanding including BPSC in addition to the charges for reconnection of such service connections or effecting new service connections. The balance 60% of the outstanding dues shall be collected in 10 monthly instalments.(c)In case an intending buyer of a premises requests for the details of electricity charges due from the owner / occupier of the premises to the distribution licensee, the distribution licensee shall provide such details on payment of the charges as stipulated in the order of the Commission on non-tariff related miscellaneous charges for the time being in force.
