The B

PUBLI

(NO.PATNA 205) PAT

BIHAR ELECT

Bihar Electrici

No-BERC-Case N

u/s 181(1) and 181(2) r

Electricity Act, 2003 (36

and also for removal

Electricity Regulatory C

Bihar Electricity Suppl

Notification No BERC/

published in extraordi

Notification of first ame

dated 18^th August, 201

29^th March, 2012, third

dated 4^th March, 2013,

585 dated 19^th May, 20

No. 179 dated 25^th Febr

Short title, Exten

1.1

The Code m

(6^th Amend

REGISTERED

Bihar Gaze

XTRA ORDINARY

SHED BY AUTHORITY

26 PHALGUNA 1941(S)

TNA, MONDAY, 16TH MARCH 2020

TRICITY REGULATORY COMMISSION

ity Supply Code (6^th Amendment), 20

--------------

NOTIFICATION

14^th March 2020

No. 30/2016–01––In exercise of power

read with section 50,43(1), 44, 46, 47(4

6 of 2003) and all powers enabling in

of difficulties of various stakehold

Commission hereby makes the 6^th ame

ly Code, 2007 which was originally i

Reg-6/2006-529 dated 31 December,

nary Bihar Gazette on 10 January

endment was published in Bihar Gazet

10, second amendment in Gazette No.

d amendment was published in Gazet

fourth amendment was published in G

15 and the 5^th amendment was issued

ruary 2016.

Chapter- 1

GENERAL

nt, Commencement and Applicability

may be called the "Bihar Electricity Su

dment), 2020”.

NO. PT.-40

ette

r conferred

) and 56 of

this behalf

ers, Bihar

endment in

ssued vide

2007 and

2008. The

tte No. 603

120 dated

te No. 172

Gazette No.

in Gazette

upply Code

BIHAR GAZETTE (EXTRA) 18TH FEBRUARY 2020

1.2

It shall extend to the whole state of Bihar.

1.3

This Code shall come into force with effect from the date of

publication in Bihar Gazette.

1.4

It shall apply to all Distribution Licensees engaged in the

business of supplying electricity as covered under section 14

of the Electricity Act, 2003 and the consumers of electricity.

Chapter- 2

DEFINITION

Amendment of Chapter 2 of the Code:

Clause 2.1 (ee) of definition shall be substituted by the

following:

“2.1(ee)- “Maximum demand” means the maximum demand of a

consumer during a billing month which shall be largest of the

Average amount of Kilovolt amperes (KVA) or Kilo watt (KW) or

Horse Power (HP), as the case may be, delivered to the consumer at

the point of supply during any consecutive 30 minutes period

recorded by the meter with the features of reading the Maximum

Demand in KW/KVA/HP directly in the billing month”.

Chapter- 3

SYSTEM OF SUPPLY AND CLASSIFICATION OF CONSUMERS

Amendment of Chapter 3 of the Code:

Clause 3.4 shall be substituted by the following:

“3.4- The Supply Voltage for different contract demands shall be

normally as follows:-

Supply Voltage

Minimum Contract

Demand

Maximum Contract

Demand

230 volts

Upto 7 kW

400 volts

5kW & above (3 phase)

70 kW

11 KV

50kVA

1500 KVA

33 KV

500 kVA

15000 kVA

132 KV

7500 kVA

220 KV

10000 kVA

L.T Agriculture and L.T Industrial consumers of load between 2KW

& 5KW shall have option to avail supply at 230 Volts or 400 Volts.”

Chapter-4

NEW SERVICE CONNECTION

Amendment of Chapter 4 of the Code:

Clause No. 4.11 shall be substituted by the following:

“4.11- Application for new connection, Enhancement/ Reduction of

load, change of name, change of category, shall be made online via

web portal of the concerned Discoms. The application may also be

made offline, in duplicate in the prescribed form, copies of which

shall be available free of cost from the local office of the Licensee.

The format of the application forms is provided in Annexure -1(LT

connection) and Annexure-2 (HT Connection). The licensee shall

post the application forms on its website. Photocopies of a blank

form or form downloaded from the website of the licensee may also

be used by the applicant and shall be accepted by the Licensee.

BIHAR GAZETTE (EXTRA), 16TH MARCH 2020

Any assistance or information required in filling up the form

should be given to the consumer by the licensee.”

Clause no 4.14(a) shall be substituted by the followings:

“4.14(a)- The Licensee shall issue the acknowledgement on receipt

of application at once on the spot or through email/mobile SMS

/website application portal and any shortcomings after verification

of the application and the attached documents shall be

communicated within three working day of receipt of application on

the email/mobile SMS / website application portal mentioning the

shortcomings.”

New Clause no 4.14(e) shall be added as:

“4.14(e)- In case where the transformer is required to be provided

and installed at the cost of the consumer and such consumer

requests Discom to provide and/or installs the transformer on

rental basis, Discom may consider providing and/or installing the

transformer, provided the same is sparable and feasible. The

monthly rent for such transformer shall be charged by the Discoms

at rate specified in the Tariff Order. Such transformer shall

normally be maintained by the Discom. However if the transformer

gets defective due to reasons attributable to the consumer viz

defect

consumer’s

installations,

overloading,

unbalanced

loading, generation of harmonic voltage/currents etc. then the cost

of the transformer shall be borne by the consumers.”

A new paragraph shall be added at the last of the Clause

4.19(e):

“In case where shifting of distribution infrastructure is required for

executing Government Projects involving public interest at large viz

for road construction or bridge/building construction etc. and

such shifting is to be done by the concerned department itself, the

supervision charge shall be limited to 2.5% of the estimated cost”.

Chapter -6

WIRING AND APPARATUS IN CONSUMER PREMISES

Amendment of Chapter 6 of the Code:

Clause 6.1 shall be substituted by the following:-

“6.1- The work of wiring in the consumer's premises shall be

carried

out by a Licensed Electrical Contractor and should

conform to the

regulation framed under section 53 of the Act.

The materials used for wiring shall conform to the relevant

specifications of the Bureau of

Indian

Standards

its

equivalent. Wherever applicable the materials

used shall bear

ISI or IEC mark. As soon as the consumer's installation is

completed in all respects and tested by the consumer’s contractor,

the consumer should submit, the contractor’s test report to the

licensee. The test report form (Annexure-3) for this purpose shall

be submitted to the local office of the licensee.”

The following line in Clause 6.2 shall be deleted:

“As required by Rule 45 of the Indian Electricity Rules, 1956.”

Clause no. 6.3 of the code shall be deleted:-

⁴

BIHAR GAZETTE (EXTRA) 18TH FEBRUARY 2020

“6.3- Clause 6.3 has been deleted.”

The following lines of Clause 6.4 shall be deleted:

“Provision of rule 32 of the Indian Electricity Rules, 1956 should be

complied with in respect of consumer’s installation.”

Clause 6.37 shall be substituted by the following:-

“6.37- The connected load of the consumer who is not covered

under demand based tariff shall be determined as per the

procedure specified in Annexure-4 (Amended up to date) of this

Code.

For the consumer under demand based Tariff, the contract

demand shall be the demand contracted by the consumer. The

billing demand shall be as specified in the tariff orders. In case of

demand based tariff verification of contracted load will not be

required.”

Clause 6.39 shall be substituted by the following:-

“6.39- The connected load of all category of consumer not covered

under demand based tariff shall be the aggregate of the

manufacturer's rating plates of all energy consuming devices in the

consumer's premises which can be used simultaneously. This shall

expressed in kW, kVA or HP. During the process of

determination of connected load, if the manufacturer’s rating plate

is not available, the licensee may use suitable apparatus to

determine the load of such device. If, both air-conditioner and

room heater are found in the same premises, the load of the item

with higher rating shall be taken into account. Items stocked for

the purpose of sale/ repair or genuinely as spare shall not be

considered for the purpose of determination of connected load. The

licensee shall carryout periodic survey of streetlights and record

the type of lamps being used along with their load.”

Clause 6.40 shall be substituted by the following:-

“6.40- All installations not covered under demand based tariff are

subject to rating/re-rating by the licensee at its discretion. If the

consumer is not satisfied with the rating determined by the

licensee, he may get his apparatus rated by one of the recognized

engineering institutes approved by the licensee for determination of

load of apparatus. Both the consumer and the licensee may

appoint their respective representatives to be present during the

process of determination of load at the institute. The final report

issued by the institute shall be accompanied with the details of

test(s) conducted. The rating determined by the said institute shall

be final and acceptable to both the consumer and the licensee.”

Chapter – 7

SERVICE CONNECTION RELATED MATTERS

Amendment of Chapter 7 of the Code:

Clause 7.4 (j) shall be substituted by the following:-

“7.4(j)- If on inspection of premises of a consumer having

connected load based tariff, the connected load is found to be in

excess over the contracted/sanctioned load, the licensee shall

BIHAR GAZETTE (EXTRA), 16TH MARCH 2020

issue a notice, without prejudice to any other action to which

he may be liable under sub-regulation 11 (1) of these code, and

inform the consumer to get additional connected load sanctioned

as per the tariff or limit the drawl as per sanctioned load.

In case the consumer does not respond to the notice within 30

days of issue of such notice to get additional load sanctioned as

per the tariff or limit drawl as per sanctioned load, the licensee

may disconnect the supply to the consumer after serving fifteen

days' notice.

However, the distribution licensee may revise and enhance

the sanctioned load as per the tariff of the consumer to the extent

of connected load found on inspection provided the consumer

agrees for the same.”

Clause 7.12(1)(a) shall be substituted by the following:-

“7.12(1)(a)- Details of alteration / modification / removal of the

electrical installation along with work completion certificate and

Test report from a licensed electrical contractor where alteration of

the installation is involved. This will be applicable only for

consumer not

covered under demand based tariff.”

The following proviso shall be added at the end of Clause

7.12(5):

“Provided that no verification of connected load shall be done in

case of demand based tariff.”

Clause 7.13(2) shall be substituted by the following:-

“7.13(2)- The compulsory period of availing supply from the date of

commencement of supply or initial period of agreement shall be

one year for all consumers. The licensee may modify the structure

of the agreement formats presently in use with the approval of the

Commission in order to meet any requirement that may arise as a

consequence of the provisions of this Code so that the format is

consistent with the Act and prevailing Rules, Regulations and the

provisions of this Code.”

Clause 7.14(1) shall be substituted by the following:

“7.14(1)- The agreement shall remain in force even after

completion of the initial period of agreement until it is terminated.

All L.T. category of consumers may terminate the agreement after

giving one month’s notice. For termination of agreement, a three

months' notice in case of HT and HTSS consumers and a six

months' notice in case of EHT & Railway Traction Services is

required.

However, if the agreement is to be terminated for reasons

whatsoever, before the expiry of initial period of agreement/

compulsory period, the consumer shall be liable to pay charges as

per tariff order for the remaining period of the compulsory period

or notice period as specified above, whichever is higher.

The licensee shall arrange for special meter reading, at a

mutually acceptable date, to facilitate preparation of the final bill of

the consumer. The agreement shall be terminated on the last day

⁶

BIHAR GAZETTE (EXTRA) 18TH FEBRUARY 2020

of the billing month and the licensee shall raise the final bill

accordingly."

Clause 7.15(1)(a) shall be substituted by the following:

“7.15(1)(a)- The licensee may take an initial security deposit from

the prospective consumer's equivalent to the estimated charges of

specific period as indicated in the table below:-

Sl.

No.

Nature of

consumer

No. of

Months

Remarks

Agricultural

Three

Annual

average

estimate/considered.

Seasonal

Two

Consumption

during

the

season of operation to be

estimated/ considered.

Other Consumers

Two

Annual

average

estimated /considered.

Clause 7.15(2) shall be substituted by the following:

“7.15(2)- Consumer shall have the option to make advance

payment

and

such

event

security

amount

shall

proportionately fixed. The deposit shall be accepted in the form of

cash, cheque or draft in case of LT consumers and in the form of

draft or banker’s cheque in case of HT consumers. The deposit may

also be accepted through RTGS/NEFT or any other electronic mode

of payment.

The Licensee shall maintain separate a head of account of

such security deposits. On termination of the agreement, the

security deposit will be refunded to the consumer after adjustment

of the amount, if any, remaining payable by him.”

Clause 7.15(3) shall be substituted by the following:

“7.15(3)- The amount of the security deposit obtained from the

consumer will be reviewed by the licensee, annually on the basis of

consumption during the previous 12 months. The consumer shall

be required to pay an additional security deposit or shall get

refund of the security as the case may be based on his average

consumption during the period concerned and the tariff applicable

etc. If it exceeds or is lower than the amount of the security deposit

held by the licensee by 20% the security deposit shall be enhanced

to that extent rounded off to 10 rupees.”

CHAPTER- 9

BILLING

Amendment of Chapter 9 of the Code:

Clause 9.19 shall be substituted by the following:

“9.19- The licensee may send bills to consumers by hand or

through email, SMS or other electronic medium. On a written

BIHAR GAZETTE (EXTRA), 16TH MARCH 2020

request from a consumer the licensee shall send the bill by

registered post and this expenses of delivery of bill shall be

recoverable from the consumers.”

By order of the Commission,

Rameshwar Prasad Das,

Secretary.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 205—571+400—E-gazette

Website: http://egazette.bih.nic.in