RAJASTHAN ELECTRICITY REGULATORY COMMISSION

Informing consumers of their rights regulations

No. RERC/Secy./Regulation/14/242 Date: 28^th May 2003

In exercise of powers conferred on it by Section-57 read with Section 33 of the Rajasthan Power Sector Reforms Act, 1999, (State Act No.23 of 1999) and all powers enabling it in this behalf, after consulting the Commission Advisory Committee, the licensee and other stakeholders, the Commission frames the following regulations prescribing the circumstances in which the licensee shall inform consumers of their rights.

1. Short Title

These regulations shall be called Rajasthan Electricity Regulatory Commission (informing consumers of their rights) Regulations 2003.

2- Definitions

(A) In this charter, unless the context otherwise requires: -

(i) ‘Act’ shall mean the Rajasthan Power Sector Reforms Act, 1999. (Act 23 of 1999)

(ii) ‘Charter’ shall mean this document.

(iii) ‘Distribution Licensee’ shall mean Ajmer, Jaipur, Jodhpur Vidyut Vitran Nigam Limited and all other holders of distribution license issued under section 18 of the Act.

(iv) ‘ES Act’ shall mean Electricity (Supply) Act, 1948.

(v) ‘GCoS’ shall mean General Conditions of Supply & Scale of Miscellaneous Charges’ of licensee.

(vi) ‘IE Act’ shall mean Indian Electricity Act, 1910.

(vii) ‘IE Rules’ shall mean Indian Electricity rules, 1956.

(viii) ‘Prospective Consumer’ shall mean a person who has applied for or is intending to apply for an electric connection.

(ix) ‘RERC’ shall mean Rajasthan Electricity Regulatory Commission.

(x) ‘SoP’ shall mean RERC (Distribution Licensee’s Standards of Performance) Regulations 2003.

(B) Unless the context otherwise requires, words or expressions occurring in this charter and not specifically defined herein shall bear the same meaning as in the Act or in the absence thereof, IE Act, ES Act, IE Rules, relevant regulations or the meaning as commonly understood in the electricity supply industry.

3- Service and Tariff

(1) The licensee shall provide electricity supply that is safe, reliable and efficient. The supply shall conform to the provisions of the Act, IE Act, IE Rules, and SoP & GCoS and other relevant orders.

(2) The supply, in a non-discriminatory manner, shall be effected at tariff determined by RERC. The licensee shall provide a consumer or a prospective consumer an application form free of charge for applying for a new connection, increase/decrease of load/demand, shifting of connection or transfer of connection.

(3) Terms & conditions of supply and miscellaneous charges relating thereto shall be governed by GCoS as approved by the Commission.

4 Disconnection

In case supply to a consumer is to be disconnected by the licensee for reasons mentioned below, the consumer shall have a right to a notice, in writing, of a period not less than that specified below before his supply is disconnected.

S.No	Particulars	Period of notice
1	Alteration or addition having been effected by the consumer to his installation without prior sanction of the licensee.	7 clear days
2	Misuse of power supply or resistance by consumer to replacement of an old or defective meter by the licensee.	7 clear days
3	Default in payment of any charge for energy or other charges.	7 clear days
4	Default in keeping the meter correct where meter is the property of consumer.	7 clear days
5	Failure to pay the inspection fees on or before the date specified in the fee notice of the Electrical Inspector.	7 clear days
6	Failure to install capacitors of required capacity as specified by the licensee.	7 clear days
7	Average power factors of installation is below 0.70 starting current of motor is in excess of that specified or starter is not provided or starter provided is not as specified by the licensee	7 clear days
8	Has unbalanced three phase load beyond permissible limits	7 clear days
9	Has electrical installation, which on inspection and/or testing is found to be defective or not complying with General Conditions of Supply/distribution code	7 clear days
10	Using apparatus for splitting the phase to run a three phase appliance when three phase supply is not available to him	48 hours clear notice
11	Use of electricity supplied under lower tariff, for a purpose for which higher tariff is applicable.	48 hours clear notice
12	Exceeding the contracted or sanctioned connected load unauthorisedly by more than 50% by a non-domestic service, small industrial service, medium industrial service or bulk supply for mixed load consumer.	48 hours clear notice
13	Where the act of malpractice, consists of unauthorized extension of supply to another premises or some other consumer in the same premises	48 hours clear notice
14	Where on inspection under clause 6, insulation resistance is found so low as to prevent safe use of energy	48 hours clear notice
15	Effects illegal restoration of supply by himself, or	48 hours clear notice
16	Extends service to a disconnected consumer, or	48 hours clear notice
17	Effects resale of energy	48 hours clear notice
18	Indulges in malpractices	48 hours clear notice
19	Installs an electrical appliance, which is likely to effect injuriously the supply to other consumer, or	24 hours clear notice
20	Uses energy supplied improperly to interfere with efficient supply of energy to any other person by the licensee, or	24 hours clear notice
21	No notice shall be served to a consumer, in the following cases: 1. If the consumer tampers with the service line, meter, metering equipment or metering installation, or 2. If the consumer indulges in improper unauthorized or unfair consumption, obstruction, use or drawl of energy. 3. Where an act of malpractice consists of non-compliance with order imposing restriction on use of electricity during peak hours, such disconnection shall be made for 24 hours on the first default, for 48 hours on second default & for 96 hours on third default.	No notice

5. Notice of entry into consumer’s premises.

A consumer will have to be informed about the intention of the licensee’s representative to enter the consumer's premises for the purpose of:

(i) Inspecting, testing, repairing or altering the licensee's equipment.

(ii) Taking reading of meter and ascertaining the amount of energy supplied or the electrical load connected to the consumer’s installation.

(iii) Removing the licensee’s own line, meters and other apparatus.

(iv) Inspection and testing the consumer’s electric wires, fittings, works and apparatus for the use of energy.

(v) Performing any act necessary or incidental to proper continuance & maintenance of the supply to consumers.

6. Notice of leakage and defect in installation.

If the Electrical Inspector or the Licensee has reason to believe that there is leakage in the system of a consumer, which is likely to affect injuriously the use of energy by the supplier or by other person, or which is likely to cause danger, a notice in writing will be issued to the consumer that it is proposed to inspect and test the consumer’s installations.

7. Notice of Re-classification of consumers.

(1) The licensee shall notify any consumer if it intends to re-classify him on the basis of purpose for which electricity is being used, to enable the consumer to execute a fresh agreement on the basis of altered classification.

(2) The notice shall state that licensee may disconnect the supply of power if the consumer does not take the required steps within the period specified by the notice.

8. Notice of scheduled outages.

(1) The licensee shall provide not less than 24 hours notice of a scheduled outage through newspaper, electronic media/ telephone.

(2) Other notices may be served by delivering a copy of the notice to the consumer or an adult member residing/working in the same premises.

9. Accuracy of Meters

Accuracy of meters shall be as per the ‘Metering Code’. In case of dispute regarding accuracy of meter(s), a licensee or consumer can give notice to the other party for testing by the licensee or an Electrical Inspector under section 26 of the IE Act. Meter can be tested at an ISO certified center of consumer’s choice, to be finalized in consultation with the Electrical Inspector on payment of fee as may be prescribed by the Commission.

10. Exemption.

The licensee may be exempted from the notice requirements of these regulations where the consumer’s installation poses a danger to the health and safety of the licensee’s employees or the public and also in ‘Force majeure’ conditions.

11. Transfer of Connection

A consumer may request for transfer of connection from one premises to other or a consumer/person taking over the disconnected premises, may request for transfer of connection in his name. Such transfer shall be effected subject to conditions as specified by the licensee to prevent malpractices or fictitious transfer.

Complaint Redressal

12. Standards of Performance

The complaints lodged by the consumers shall be dealt with by the licensee in the manner(s), prescribed in the Rajasthan Electricity Regulatory Commission (Distribution Licensee’s Standards of Performance) Regulations, 2003.

13. Application for Supply

If the supply is not effected by the licensee within the prescribed time to a person who has applied for a new connection/increased load and has completed the formalities and paid the charges for such new connection/increase in load, he may lodge a complaint to the Grievance Cell of the licensee.

14. Supply of Information, Publication etc.

The following publications, along with amendments if any, shall be made available by the licensee at its Head office & Circle offices for perusal of any consumer or person and on his request a copy thereof shall be supplied on payment of Rs. 2.00 per page or the printed price, within 3 working days:

a) Tariff for Supply of Electricity.

b) General Conditions of Supply & Scale of Miscellaneous Charges.

c) Metering Code and Distribution Code.

d) Safety Standards

e) Distribution Licence.

f) RERC’s Tariff Order(s).

g) Standards of Performance & complaint handling procedure.

h) Annual report & statistics of company

i) Abridged annual account of the company

j) Any booklet, folder, pamphlets, public notices etc. issued in public interest by the Licensee

k) Any direction/orders of the State Government issued under section 22, 22B, 27 & 30 of IE Act.

l) These Regulations.

The formats/documents with which a consumer is directly concerned viz, (a)(b)(d)(g)(j) &(l) shall also be made available at offices of AEns.

The publications listed above will include separate publication of their subsets/extracts by the licensee, particularly those relating to sanction of a new connection.

15. Works executed by Licensee

(1) Any person interested in or affected by a scheme, involving capital expenditure exceeding such sum as may be fixed by the Central Government under section 29 (1) of ES Act & notified in official Gazette by the licensee under section 29 (2) can make representations on scheme within the period prescribed in said gazette. Such period shall not be less than 2 months.

(2) The owner or occupier or his representative whosoever available at site shall be notified in person at site before an officer or employee of licensee enter upon any land or premises and perform such thing as may be reasonably necessary for the purposes of inspecting, testing, repairing or altering the electric supply lines, meters, fittings, works & apparatus for the supply of energy belonging to the licensee, lawfully using any transmission line or main transmission line or of making any survey, examination or investigation to exercise of powers or the performance of duties of licensee and for –

(a) Ascertaining the amount of electricity supplied; or

(b) Removing where a supply of energy is no longer required, or

where the licensee is authorized to take away and cut off such supply, any electric supply, any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee

(3) The licensee shall obtain the consent of owner or occupier of the premises or orders of District Magistrate under section 12 of the IE Act to lay down or place any electric supply line or other works in, through or against any building or on, over or under any land not dedicated to public use where on, where over or where under any electric supply line or work has not already been lawfully laid down or placed by such licensee or its predecessor

16. Alteration or Shifting of lines

If any person or consumer disputes the licensee’s estimated cost of alteration issued under rules of IE rules or responsibility to pay such estimated cost, he can make a reference thereon to Electrical Inspector.

17. Consumer Protection Act

In respect of any of licensee’s service defect, a consumer can also make complaint under Consumer’s Protection Act, 1986. The licensee shall be governed by the Rajasthan Right to Information Act, 2000. The salient provisions of The Rajasthan Right to Information Act, 2000, are indicated in appendix-1, annexed with the regulations. The designations of the Incharge of Office and the Controlling Officer under Sec. 2 of the Act shall be got displayed at the notice board of the concerned office.

18. Implementation

The Commission, if need be, may have feed back from independent agencies, regarding implementation by the licensee(s) of various provisions in this charter and Standards of Performance.

By Order of the Commission

Secretary

Appendix-1

SALIENT PROVISIONS OF THE RAJASTHAN RIGHT TO INFORMATION ACT,2000

1. Definitions:

(i) “Controlling Officer” means the immediate superior officer above the incharge of office, who supervises and controls the work of incharge of office or such officer as may, from time to time, be specified as such by the State Government for the purposes of this Act.

(ii) “Incharge of the Office” means an officer/functionary of a department of the State Government or a public body, who is in actual control of any office of the State Government or public body, as the case may be, or such officer/functionary as may from time to time be specified as such by the State Government for the purposes of this Act:

(iii) “ Information” means any material or information relating to the affairs of the State or public body.

2. Right to Information:

Subject to the provisions of this Act, every citizen shall have right to obtain information from the incharge of office and such incharge shall be liable to provide information under and in accordance with the provision of this Act.

3. Procedure for supply of information:

(i) Any person seeking information shall make an application to the Incharge of the office giving particulars of the matter relating to which information is sought.

(ii) Upon receipt of an application under sub-section (1), the inchargbe of the office shall consider it and if the information is such which can be provided and do not fall within the categories specified under Section 5, the Incharge of office shall provide the information within thirty days of the receipt of application under sub-section (1)

(iii) Where the information sought by applicant falls under the restricted categories specified under Section 5, the Incharge of the office shall refuse to provide information and communicate his decision to the applicant within thirty days from the date of receipt of application under sub-section (1)

(iv) The information sought may be made available in the form it is available by copying or photocopying the same.

(v) The information may be sought from and may be furnished by the Incharge of the office where from the information has originated or where any record is normally maintained or deposited.

4. First appeal:

Any person aggrieved by the order of the Incharge of the office or any person, who has not received required information within the time stipulated under Section 4, may appeal to the controlling officer, provided that no order adversely affecting the person making appeal shall be passed unless an opportunity of being heard is afforded to him. The appeal, accompanied with the proof of fee deposited, shall be heard and decided expeditiously and by all means within 30 days from date of presentation of appeal.

5. Second appeal:

(1) Any person aggrieved by the order of –

(i) The controlling officer who is not above the rank of a District Level Officer, may appeal to the Vigilance Committee of the concerned District;

(ii) The controlling officer other than those specified in clause(i), may appeal to the Rajasthan Civil Services Appellate Tribunal constituted under Section 3 of the Rajasthan Civil Services(Service Matters Appellate Tribunals) Act, 1976( Act No.34 of 1976):

Provided that no order adversely affecting the person making the appeal shall be passed unless an opportunity of being heard is afforded to him.

(2) Every appeal shall be heard and decided expeditiously and by all means disposed of within thirty days from the date of presentation of the appeal.

(3) The appeal shall be accompanied with the proof of fee deposited or tendered in the manner provided in accordance with Section 8.

6. Obligation of the Incharge of Office:

Every Incharge of the office shall have a duty to maintain all records in accordance with the procedure laid down under relevant law or Departmental manuals.

Any person responsible for providing any information under this Act shall be personally liable for furnishing an information within the period specified under this Act.

7. Penalties:

Where any person responsible for making available information under this Act, fails without any reasonable cause to furnish information sought by any citizen under the provisions of this Act within the time specified or furnishes any information which is false with regard to any material particulars and which he knows and has reasonable cause to believe it to be false or does not believe it to be true, he shall be liable, after such inquiry as may be required under the service rules pertaining to disciplinary action applicable to him, for imposition of such penalty as may be determined by the disciplinary authority under such rules.

8. Restrictions on Right of Information:

The Incharge of the office may, for reasons to be recorded in writing, withhold such information, listed in Section 5 of the Act.