State of Rajasthan - Act
The Rajasthan Electricity (Duty) Rules, 1970
RAJASTHAN
India
India
The Rajasthan Electricity (Duty) Rules, 1970
Rule THE-RAJASTHAN-ELECTRICITY-DUTY-RULES-1970 of 1970
- Published on 21 February 1970
- Commenced on 21 February 1970
- [This is the version of this document from 21 February 1970.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- The Rules may be called the Rajasthan Electricity (Duty) Rules, 1970.2. Definitions.
- In these rules, unless the subject or context otherwise requires,-3. Time and manner of collection and payment.
- A supplier shall include the electricity duty leviable as a separate item in the bill of charges for the energy supplied by him, and shall recover the same from the consumer with his own charges for the supply of such energy. The supplier shall, within 30 days of expiry of the month in which the duty has been realized:-3A. [ Temporary connection for a certain period, for a certain purpose and consumption exceeding certain units chargeable at a higher rate of duty. [Added by Notification No. F. 9(1)FD/CT/70-2, dated 27-5-70, G.S.R. 17, published in Rajasthan Gazette Extraordinary Part IV-C, dated 27-5-70.]
- The duty in respect of consumption of energy under temporary connection obtained by a consumer from the supplier for lighting purposes, for a period not exceeding 30 days, when such consumption exceeds 25 units shall be computed at the rate fixed under clause (1) of the proviso to section 3.]3B. [ Time and manner of payment of duty by persons generating energy for their own use or who generate energy and supply the same to others free of charge. [Added by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
3C. [ Class of consumers for the purpose of clause (c) of proviso (3) to Section 3. [Inserted by Notification No. G.S.R. 58, dated 5.8.2011 (w.e.f. 21.2.1970).]
- Electricity duty on the electricity consumed by agriculture non-metered supply consumers may be reduced and remitted under clause (c) of proviso (3) to Section 3 of the Act.]4. Manner of calculating duty in case of enhancement, reduction or remission.
- If the rate of the electricity duty is enhanced or reduced or such duty is remitted by a notification, the duty payable or remitted in respect of the electrical energy consumed during the period between the date of coming into force of the notification and the date of the first meter reading recorded thereafter shall be computed in such proportion as the period from the date of such notification to the first meter reading thereafter bears to the total period between the date of the last meter reading before, and the first meter reading, after the date of such notification.5. Keeping of books of accounts.
- [(1)] [Renumbered by Notification No. F. 15(87)FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.] The books of account kept by a supplier under section 6 shall contain the following particulars separately for each consumer, namely:-(i)Service connection number:(ii)address and brief description of the premises to which the energy is supplied:(iii)number of units of energy consumed:(iv)rate of supply:(v)details and amount of electricity duty charged:(vi)date of repayment of electricity duty:(vii)details of duty adjusted in accordance with rule 3:(viii)date of disconnection.6. Submission of returns.
- A supplier shall submit to the Commissioner or any other officer, authorized by him in this behalf:-7. Inspection of books of account.
- The Commissioner or Deputy Commissioner, Commercial Taxes (Administration) [any other Taxes Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf] [Added by Notification No. F. 15(87)FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.] may, at any time, require a supplier #[or a person liable to pay electricity duty under sub- section (5) or (6) of section 5] to produce for inspection at the registered or other office of the supplier [or a person liable to pay electricity Duty under sub-section (5) or (6) of section 5] [Inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.] such books and records in his possession or control as may be necessary for ascertaining or verifying the amount of electricity duty chargeable under the Act.8. Power of entry of Officers.
- The Commissioner or the Deputy Commissioner, Commercial Taxes (Administration) [any other Taxes Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf] [Substituted by Notification No. F. 9(1)FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.] may enter any premises where energy is, or is believed to be supplied by a supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5] [Inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.] for the purpose of:-9. Other duties of Officers.
- The Commissioner or Deputy Commissioner, Commercial Taxes (Administration) [any other Tax Officer not below the rank of Commercial Taxes Officer authorised by the Commissioner in this behalf] [Substituted by Notification No. F. 9(1)FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.] shall, as often, as may be necessary, inspect the books of accounts kept and returns submitted by a supplier [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5] [Inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.], under Rules 5 and 7 respectively and apply such test as may be deemed by him necessary to individual entries for verifying the particulars noted by the supplier, [or a person liable to pay electricity duty under sub-sections (5) or (6) of section 5] [Inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.], so far as they are connected with the levy of duty. He shall also verify all entries relating to-10. Provision of separate meters.
- Where there is a combined installation using energy and part of a supply of energy is dutiable and part is exempt the consumer shall install and maintain additional, suitable and correct meter or sub-meter to register the quantities of two kinds of consumption separately.11. Disputes between the supplier and the consumer.
- In the case of a dispute between a supplier and a consumer regarding the liability of the consumer for the payment of the duty or exemption therefrom, [or in case of dispute regarding liability to pay electricity duty under sub-sections (5) or (6) of section 5] [Inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.], the Commercial Taxes Officer, [authorised by the Commissioner in this behalf] [Substituted by Notification No. F. 9(1)FD/CT/70-1, dated 21-4-72, published in Rajasthan Gazette Extraordinary Part IV-C, dated 21-4-72.] shall decide the matter. An appeal against the order of the Commercial Taxes Officer shall lie within three months from the date of the order to the Deputy Commissioner, Commercial Taxes (Appeals).11A. [ Power of revision. [Added and inserted by Notification No. F. 9(1)FD/CT/70-1, dated 4-7-79, G.S.R. 27, published in Rajasthan Gazette Extraordinary Part IV-C, dated 4-7-79, pp. 241-254.]
- The Commissioner may, of his own motion at any time, or on an application by the Commercial Taxes Officer, the supplier or any other person liable to pay duty under sub-section (5) or (6) of section 5 or a consumer, present ed within ninety days from the date of communication of the order passed by the Deputy Commissioner, Commercial Taxes (Appeals) under rule 11, call for the record of the proceedings in which the order complained against was passed and if, after examining the record he considers that such order is illegal, improper or erroneous, he may, subject to the provisions of the Act, pass such order as he thinks fit.] [Renumbered and added by Notification No. F. 15(87)FD/CT/68, dated 23-3-71, G.S.R. 120, published in Rajasthan Gazette Extraordinary Part IV-C, dated 23-3-71.]12. Composition.
- The Deputy Commissioner, Commercial Taxes (Administration) shall, within their respective jurisdiction, be the prescribed authority for the purposes of section 9.Form IReturn showing information regarding energy supplied to consumers, electricity duty charged thereon recovered and paid to Government for the quarter ending...............| 1. | Name of the undertaking...................... | ||
| 2. | Total units generated........................ | ||
| 3. | Total units supplied......................... | ||
| 4. | Exempted units............................... | ||
| Categories of consumers eligible for exemption | Total Units supplied to consumers in column (1) | Units consumed out of the supply in Column (2)in any buildings or parts of buildings or parts ofbuildings/premises used for commercial or residential purposes | Units exempted difference of Units in Columns(2) and (3) |
| 1 | 2 | 3 | 4 |
| (a) | by the Government of India. | ||
| (b) | in the construction, maintenance or operation of any Railwayby the Government of India. | ||
| (c) | by a cultivator in agricultural operations carried on in, ornear his fields such as pumping of water for irrigation,crushing, milling or treating of produce of those fields orchaff cutting. | ||
| (d) | by hospitals or dispensaries which are not maintained forprivate gain. | ||
| (e) | by recognised educational institutions. | ||
| (f) | by places of public worship. | ||
| (g) | by a consumer in any industry in the manufacture, production,processing or repair of goods. | ||
| (h) | by or in respect of any mine as defined in the Indian MinesAct. | _____________ | |
| Total Units Exempted | _____________ | ||
| 5 | Net number of units dutiable (3 minus 4 i.e. the differenceof 'total units supplied' and 'total unitsexempted')............. | Rs. ........... | |
| 6 | Amount of electricity duty for units shown at 5above........... | Rs. ........... | |
| 7 | Plus: Recoveries made from consumers disconnected. | Rs. ........... | |
| 8 | Plus: Outstanding dues from previous returns and portionthereof since recovered. | Rs. ........... | |
| 9 | Less: Refunds or adjustments on account of write off ofirrecoverable dues etc., allowed as per Schedule attached. | Rs. ........... | |
| 10 | Less: Recoverable outstanding against consumers disconnected | Rs. ........... | |
| 11 | Amount of duty refunded under Rule 3 vide Schedule I attached | Rs. ........... | |
| 12 | Amount written off under Rule 5, vide Schedule II attached | Rs. ........... | |
| 13 | Amount paid into Treasury-Challan No. .......... dated........... | Rs. ........... |