Draft Himachal Pradesh Electricity Supply Code (Fourth Amendment) Regulations, 2020

Jan 27, 2020 | by Avantis RegTech Legal Research Team


Industry Specific Compliance

The Himachal Pradesh Electricity Regulatory Commission (HPERC) on January 20, 2020 has published the Draft Himachal Pradesh Electricity Supply Code (Fourth Amendment) Regulations, 2020 to further amend the Himachal Pradesh Electricity Supply Code, 2009.

The amendments in the Himachal Pradesh Electricity Supply Code, 2009 are as under:

Ø  Under sub-para 3.2.2 which specifies the payment to be paid by the consumer for Power Availability Certificate, proviso has been inserted, namely:

Provided that the advance share towards infrastructure development charges to be recovered for the grant of PAC shall not exceed the amount of infrastructure development charges recoverable by the Licensee under the provisions of HPERC (Recovery of Expenditure for Supply of Electricity) Regulations, 2012.

Ø  Para 3.9 which specifies the provisions for delay to take supply or avail contract demand

Ø  Under Para 5.2.13 which specifies the procedure for payment of electricity bills by consumers:

the last sentence stating that „The licensee will not be entitled to require payments of such amount from the next occupier of the premises.” shall be omitted; and

Ø  Para 5.2.13A has been inserted where it specifies that licensee will also be entitled to recover, in addition to the charges recoverable by it under HPERC (Recovery of Expenditure for Supply of Electricity) Regulations, 2012 and any other relevant regulations for providing connection and supply, the outstanding amount against the previous consumer from the next occupier of the premises subject to a maximum limit of the amount equal to the average billing for two months worked out on the average for past twelve months immediately prior to the temporary disconnection of previous consumer subject to certain conditions.

Ø  Under Para 7.1.2 which specifies that licensee may disconnect the supply temporarily on failure of consumer to pay the bill amount, proviso has been inserted:

Provided further that in case of supply covered under two part tariff, if in special circumstance, the Licensee has sufficient evidence to believe that the defaulting consumer is not likely to get the supply restored and the amount of dues exceed security deposit, it may order permanent disconnection before the expiry of six months, but not before three months of temporary disconnection, after giving at least two consecutive fortnightly notices, indicating such intention.

Ø  Under Para 7.1.3 which specifies that licensee may terminate the agreement if consumer continues the default for more than six months:

For the words “for a period of more than six months”, the words, sign and figures “for a period of more than six months, or any shorter period, if the supply is permanently disconnected before the expiry of the period of six months, as per the third proviso to sub-para 7.1.2” has been substituted.

Ø  Under Para 7.1.9 which specifies the dues will be adjusted in cases of temporary and permanent disconnection(s), item (c) has been inserted:

the delayed payment surcharge shall not be charged for the period beyond the date of permanent disconnection and instead interest shall be charged on the outstanding amount, for the actual number of days for which such amount remains unrecovered / unadjusted, at a simple interest rate of 12% per annum:

Provided that in case of recoveries through the recovery suits under the relevant law/code if the competent authority, while passing the order for recovery, orders specific rates to be charged on such dues, the interest rate so ordered shall be applicable.

HPERC invites objections or suggestions which may, within the period of 30 days from the date of publication of this notification in the Rajpatra, Himachal Pradesh, be received in respect thereto.

The objections and suggestions in this behalf should be addressed to the Secretary, Himachal Pradesh Electricity Regulatory Commission, Vidyut Aayog Bhawan, Block No.-37, SDA Complex, Kasumpti, Shimla-171009.

[Notification No. HPERC/Secy/151]


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