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State of Tamilnadu - Section

Section 5 in The Tamil Nadu Electricity Supply Code, 2004

5. Miscellaneous charges.

(1)Capacitor compensation charge:
(a)No new LT service with a connected load of motors of 3 HP and above or for using welding transformers shall be given unless capacitors of adequate ratings with 1S1 marking are installed; [The licensee shall specify appropriate capacitor ratings for different capacity Motors/welding transformers] [Inserted by Commission's Notification No. TNERC/SC/7-4 dated25.5.2007 w.e.f.l3.6.2007)].
(b)In case of existing LT service connections (which are not coming under the purview of power factor incentive/disincentive scheme) with connected load of motors of 3 HP and above or for using welding transformers (irrespective of their rating), the consumer shall install adequate capacitors within a period of two months [(from the date of issue of notice issued by the licensee in this connection] [Inserted by Commission's Notification No. TNERC/SC/7-4 dated25.5.2007 w.e.f. 13.6.2007)] and shall be liable to pay a compensation charge of ten per cent of the price of electricity supplied to him for the preceding four months of consumption till such time adequate capacitors are installed; and where inadequate capacitors are installed or where some of the capacitors are defective, the ten percent shall be reckoned proportionate to the extent of inadequacy or defect, as the case may be;
(c)Where it is found that the capacitors installed are either inadequate or defective, the licensee shall, in addition to the levy and collection of capacitor compensation charges, by notice in writing, call upon the consumer to install adequate capacitors or to rectify or to replace the defective capacitors, as the case may be, within two months from the date of notice.
(2)Excess demand charge: Whenever the consumer exceeds the sanctioned demand, excess demand charge shall be:
(i)in the case of HT supply, the maximum demand charges for any month shall be based on the KVA demand recorded in that month at the point of supply or such percentage of sanctioned demand as maybe declared by the Commission, from time to time, whichever is higher The exceeded demand shall alone be charged at double the normal rate;
(ii)in case of LT supply:
(a)for domestic and agricultural category of service, the excess demand charges shall not be applicable;
(b)[ For other categories of LT services with contracted demand equal to or less than 18.6 KW (25 HP), the excess demand charges shall not be applicable where the connected load is equal to or less than the contracted demand. [[Substituted by Commission's Notification No TNERC/SC/7-4 dated25.5.2007, (w.e.f 13.6.2007) which before substitution stood as under:
'(b) For other categories of LT services where the contracted demand and connected load is equal to or less than 18.6 KW (25 HP), the excess demand charges shall not be applicable.Note: Even if a consumer's contracted demand is equal to or less than 18.6 KW (25 HP), or the connected load is more than the contracted demand but less than 18.6 K W (25 HP), as the case may be, the licensee shall install meters with demand recording facility and bring the consumer under the scope of excess demand chargeable category. After installation of the meter, if the recorded demand is in excess of contracted demand, the existing demand, shall, after intimation to the consumer, be revised to the level of recorded demand and all relevant charges applicable for extension of additional demand shall be included in the next bill. No excess demand charge is leviable till such time the licensee installs meter with demand recording facility and bring the consumer under the scope of excess demand chargeable category.]]Note: For services with contracted demand less than or equal to 18.6 KW (25 HP), whenever the consumer's connected load exceeds the contracted demand, the licensee shall install meters with demand recording facility and bring the consumer under the scope of excess demand chargeable category. After installation of the meter, if the recorded demand is in excess of contracted demand, the existing demand, shall, after intimation to the consumer, be revised to the level of recorded demand and all relevant charges applicable for extension of additional demand shall be included in the next bill. No excess demand charge is leviable till such time the licensee installs meter with demand recording facility and bring the consumer under the scope of excess demand chargeable category.]
(c)for the remaining LT services other than those service connections covered in (a) and (b) above, when the contracted demand is in excess of 18.6KW (25HP) and for such of those consumers whose contracted demand is less than 18.6 KW (25HP) but opted for having meters with demand recording facility, the excess demand charges shall be, -
(I)where the recorded demand does not exceed 112 KW, for every KW or part thereof in excess of the sanctioned demand, at the rate of 1% of the total energy charges;
(II)where the recorded demand exceeds 112KW, for every KW or part thereof in excess of sanctioned demand -
- for the first two occurrences, at the rate of 1 % of the charges for electricity supplied upto 112 KW;- and 1.5% for every KW or part thereof over and above 112KW,- and thereafter, that is, the third and subsequent occurrences at the rate of three per cent for every KW or part thereof over and above 112KW.
(III)where the recorded demand exceeds the sanctioned demand for the second and subsequent times -
(A)in case the recorded demand has not exceeded 112 KW, the existing load sanction shall, after intimation to the consumer, be revised within one month of the second occurrence to the level of recorded demand and all the relevant charges applicable to the additional load shall be included in the next bill;
(B)in case the recorded demand has exceeded 112 KW, the existing load sanction shall, after intimation to the consumer, be revised within one month of the second occurrence, to the level of 112 KW and all relevant charges applicable to the additional load shall be included in the next bill; if, however, the recorded demand has exceeded 112KW for the third or more number of times, it is open to the consumer to opt for HT service.
(iii)in the case of temporary supply, the excess demand charges shall be the difference between the minimum charge for temporary supply computed at the rate notified, for a back period of six months or date of supply whichever is lesser, and the corresponding current consumption charges already recovered from the consumer.
(iv)[ No addition or reduction of load in case of LT service and no addition or reduction of demand in case of HT service, may be sanctioned unless the outstanding dues in the same service connection had been paid.] [Inserted by Commission's Notification No. TNERC/SC/7-1 dated 22.11.2005 (w.e.f.7.12.2005).]
(3)Excess contracted load charge: These charges are applicable to the subsidised category of agricultural service connections, which need to be regulated with a view to -
(i)comply with the contracted load until the cross subsidy from other sources are eliminated and a viable tariff is implemented for agricultural services;
(ii)comply with the directives of the Government towards restriction on exploitation of ground water for irrigation and environmental constraints.
Accordingly, special provisions have been made in this Code in relation to agricultural service connections as below and they shall remain in force until cross subsidy from other sources / categories are eliminated.
(a)No electric motor shall be used in agricultural service connections without its manufacturer's name plate indicating its rating/ capacity permanently affixed on it.
(b)[ If, at the time of effecting service connections under Agricultural category, it is found that the assessed capacity is in excess of the capacity applied for by the consumer, the Engineer shall refuse to effect supply. If the intending consumer challenges the decision regarding the assessed capacity of the motor made by the Engineer, he may make an appeal to the next higher officer, furnishing certificate regarding capacity of motor issued by Government /Government Laboratory/any agency accredited/approved by Bureau of Energy Efficiency. The decision of the next higher officer shall be final and binding on the consumer.] [[Substituted by Commission's Notification No TNERC/SC/7-4 dated 25.5.2007, (w.e.f. 13.6.2007) which before substitution stood as under:
'(b) If at the time of effecting service connections under agricultural category, it is found that the assessed capacity is in excess of the capacity applied for by the consumer, the engineer shall refuse to effect supply. If the intending consumer challenges the decision regarding the assessed capacity of the motor made by the engineer, he may make an appeal to the next higher officer, furnishing certificate regarding capacity of motor issued by any agency acceptable to the licensee. The decision of the next higher officer shall be final and binding on the consumer.]]
(c)If during periodical check or inspection of an existing agricultural service connection by the engineer, it is found that the name plate of any motor does not show the correct capacity of the motor or filename plate is missing or the rating of such motor as assessed by the engineer authorised in this behalf is in excess of the rating noted in the Test Report, action shall be taken under this Code [to recover the excess contracted load charges on the basis of the assessed capacity of the motor] [Substituted by Commission's Notification No TNERC/SC/7-4 dated25.5.2007, (w.e.f.13.6.2007)].
(d)[ If the existing consumer challenges the decision regarding the assessed capacity of tire motor made by the Engineer, a letter may be issued to the consumer asking him to test the motor for its capacity at Government Laboratory or by any other agency accredited by Bureau of Energy Efficiency at the cost of the consumer and produce the test report of such Government Laboratory or agency to the officer concerned within two months from the date of issue of such letter. However, after producing such test report, the charges shall be adjusted to the certified load in the subsequent Consumption Charge bills.] [[Substituted by Commission's Notification No TNERC/SC/7-4 dated 25.5.2007, (w.e.f.13.6.2007) which before substitution stood as under
(d)If the existing consumer challenges the decision regarding the assessed capacity of the motor made by the engineer, a letter may be issued to the consumer asking him to test the motor for its capacity at Government Laboratory or by any other agency acceptable to the licensee at the cost of the consumer and produce the same to the officer concerned within two months from the date of issue of such letter.]]
The excess contracted load charges for both metered and unmetered supply shall be sixty rupees per HP per month prospectively and as long as the excess contracted load remains connected.
(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)].
(5)Additional Security Deposit. -
(i)The adequacy of security deposit may be reviewed and re-fixed once in a year in case of HT consumers and once in every two years in case of LT consumers taking into account the interest due for credit. Such reviews shall be made in the month of April / May. The rate of interest on the security deposit shall be on the basis of the commission's directive to the licensees in this regard.
(ii)The adequacy of security deposit shall be based on the periodicity of billing for the respective category.
(a)For the categories of consumer under monthly billing, the security deposit is equivalent to two times of the monthly average of the electricity charges for the preceding twelve months prior to April.
(b)For the categories of consumer under bi-monthly billing, the security deposit is equivalent to three times of the monthly average of the electricity charges for the preceding twelve months.
(c)For the categories of consumer under half-yearly billing, the security deposit is equivalent to seven times of the average charges per month.
(iii)Interest at Bank rate or more as specified by the Commission shall .be calculated and credited to the security deposit accounts of the consumers at the beginning of every financial year i.e. April and the credit available including the interest shall be informed to each consumer before the end of June of every year.
(iv)If available deposit is less than the revised security deposit, the balance shall be collected as additional security deposit either through a separate notice or by a distinct entry in the consumer meter card for LT services. Thirty days notice period shall be allowed for the payment. If the payment is not received within the above period of thirty days, the service is liable for dis-connection.
(v)Where, on review, the amount of security deposit held is found to be in excess of the requirement, the excess shall be adjusted against two future demands for the electricity supplied. Where, after such adjustment in future of two demands, there is balance to be refunded, the refund shall be made by cheque before the due date for payment of the third demand.
(vi)In the event of the consumer failing to pay to the licensee any sum that may become due for payment to the licensee on the dates fixed for payment thereof, the licensee may, in addition to and without prejudice to the other rights of the licensee, appropriate a part or whole of the security deposit and interest thereon towards the sum due from the consumer.
(6)Service /line, [structure and equipments] [Inserted by Commission's Notification No TNERC/SC/7-4 dated 25.5.2007 (w.e.f.13.6.2007).] shifting charge.
(1)[ The cost of shifting service/line, structure and equipments shall be borne by the consumer. The consumer shall pay the estimated cost of shifting in advance in full. The copy of the estimate shall be given to the consumer. The shifting work will be taken up only after the payment is made. [Substituted by Notification No. TNERC/SC/7-36 dated 01-07-2014.]The estimate will cover the following:
(i)Materials dismantled in the old site and reusable shall be used in the new site as far as possible.
(ii)10% of the present value of the dismantled and reusable materials towards charges for dismantling and charges for loading, unloading, transport to the new site/store.
(iii)Cost of the new materials required for the shifting work.
(vi)Add 5% of the cost of new materials towards loading, unloading and transport to new site.
(v)Add 10% of the present value of all the materials to be erected in the new site towards erection charges.
(vi)5% of the present value of retrievable scrap materials towards transport charges.
(vii)Due credit shall be given to the consumer / applicant as below but however limited to the total estimated cost of new work:
(a)Book value/written down value subject to a minimum of 20% of the cost of retrievable and reusable materials but not used in the new site.
(b)Scrap value on the retrievable but not reusable materials at not less than 10% of its original value.
(viii)After completion of the work, a revised estimate shall be prepared with a copy to the consumer based on the actual cost of materials, loading, unloading, transport and erection charges. If the original estimate cost is more than the revised estimate, the balance shall be refunded to the applicant/consumer within 3 months. If the original estimate cost is less than the revised estimate, the difference shall be collected from the applicant/consumer.]
(2)Temporary dismantling and re-erection or shifting of a service connection within the same premises necessitated due to remodelling of premises will be carried out on payment of the required charges for the same.
(3)Shifting of an existing service connection involving change in door number or sub-door number or survey field number, shall be considered as a new service connection only.No shifting of an existing service connection is permissible unless all arrears in the service connection are paid, if so demanded by the licensee.
(7)Name transfer charge. - [(i)] [Inserted by Commission's Notification No. TNERC/SC/7-4/dated 25.5.2007 (w.e.f. 13.6.2007).] Every application for transfer of name consequent to the death of the consumer shall be in Form 1 [in Appendix to this Code] [Inserted by Commission's Notification No. TNERC/SC/7-4/dated 25.5.2007 (w.e.f. 13.6.2007).] accompanied by -
(a)legal heirship certificate from the Tahsildar concerned or proof of ownership such as local body tax receipts (latest);
(b)no objection certificate from other legal heirs, if any, (or) an indemnity bond in Form 3 in Appendix to this Code on non-judicial stamp paper for a value of Rs.80/- and a sworn-in affidavit and authenticated by a Notary Public or by a Gazetted Officer to show the status of other legal heirs;
(c)fresh application with fee to be specified by the Commission and agreement form.
(ii)[] [Inserted by Commission's Notification No. TNERC/SC/7-4/dated 25.5.2007 (w.e.f. 13.6.2007).] Every application for transfer of name, in other cases, shall be in Forms 1 and 2 in Appendix to this Code accompanied by:
(a)the document supporting the transfer with an undertaking in Form 4 in Appendix to this Code;
(b)consent letter from the consumer for the transfer of the security deposit [if it is not included in the document supporting the transfer] [Inserted by Commission's Notification No. TNERC/SC/7-4/ dated 25.5.2007 (w.e.f. 13.6.2007)]. Where no such consent letter can be produced, the applicant shall pay fresh security deposit;
(c)fresh application with fee to be specified by the Commission and agreement form.
Explanation-I. - The name transfer is effected only for such services which are not under disconnection.
(8)Re-connection charge. - The licensee shall collect re-connection charge from LT/HT consumers at the rates specified by the Commission, from time to time.
(9)Consumer meter card replacement charge. - The licensee shall collect charges at the rate specified by the Commission for replacement of consumer meter card, if lost or damaged. Wherever the space in the card is used up, the replacement shall be free of cost.
(10)Dishonoured cheque service charge. - The licensee shall collect service charges as specified by the Commission, from time to time, from the consumer, when a cheque given by the consumer is returned by the Bank for any reason whatsoever.
(11)Meter related charges. - Meter rental charges shall be payable by the consumer, unless the consumer elects to purchase a meter, in accordance with the rates as the Commission may fix:, from time to time, for different categories of consumers. The licensee shall, besides meter rent where payable, collect charges towards changing of meters and boards, testing of meters, testing of installations, inspection charges etc., at the rates specified by the Commission, from time to time.
(12)[ Application registration charge. - The Licensee shall collect application registration charges from the applicants for the following, at the rates specified by the Commission from time to time:
(a)Application for new HT/LT services.
(b)Application for addition/reduction of demand/load in respect of HT and LT services.
(c)Application for temporary service.
(d)Application for conversion of a service from L. T. to H. T. and vice versa
(e)Application for shifting of HT/LT services.
(f)Application for shifting of lines/structures/equipments under Deposit Contribution Works for LT/HT.
(g)Application for change of tariff.
(h)Application for replacement of defective meters.]
(13)[ Excess demand charge and excess energy charge during Restriction and Control of supply:
(i)The maximum demand charges for HT supply shall be based on the actual recorded demand at the point of supply or at 90% of the demand quota as fixed from time to time through restriction and control measures whichever is higher. In case the maximum recorded demand is in excess of the quota fixed, the demand in excess of the quota fixed shall be charged at rates specified by the Commission from time to time.
(ii)The energy consumption over and above the energy quota fixed shall be charged at the rates specified by the Commission from time to time in respect of such class of consumers upon whom the restriction and control measures apply.
(iii)The services which draw electricity from TNEB Grid for using welding sets during the restricted hours shall be charged at the rates specified by the Commission from time to time.]