MINISTRY OF POWER
NOTIFICATION
New Delhi, the 14th June, 2023
G.S.R. 437(E).—In exercise of the powers conferred under sub-section (1), clause (z) of sub-section (2) of section 176 of the Electricity Act, 2003 (36 of 2003), the Central Government hereby makes the following rules, further to amend the Electricity (Rights of Consumers) Rules, 2020, namely:-
1. (1) These rules may be called the Electricity (Rights of Consumers) Amendment Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Electricity (Rights of Consumers) rules, 2020 (hereinafter referred to as the principal rules), in rule 5, for sub-rule (5), the following sub-rule shall be substituted, namely: -
“(5) All types of smart meters shall be read remotely at least once in a day and the other pre-payment meters shall be read by an authorised representative of the distribution licensee at least once in every three months and the data regarding energy consumption shall be made available to the consumer, through website or mobile application or Short Message Service and the like, provided that the consumers having smart pre-payment meters shall also be given the data access for checking their consumption and balance amount atleast on daily basis.
(5A) After the installation of smart meters, no penalty shall be imposed on the consumer, based on the maximum demand recorded by the smart meter, for the period before the installation date.
(5B) In case maximum demand recorded by the smart meter exceeds the Sanctioned Load in a month, the bill, for that billing cycle, shall be calculated based on the actual recorded maximum demand and consumers shall be informed of this change in calculation through Short Message Service or mobile application:
Provided that the revision of the Sanctioned Load, if any, based on the actual recorded maximum demand shall be as under:
(a) in case of increase in recorded maximum demand, the lowest of the monthly maximum demand, where the recorded maximum demand has exceeded the sanctioned load limit atleast three times during a financial year, shall be considered as the revised Sanctioned Load, and the same shall be automatically reset from the billing cycle in next financial year; and
(b) in case of reduction of maximum demand, the revision of sanctioned load shall be done in accordance with the Supply codes/ Standard Operating Procedures issued by the respective Regulatory Commission.
3. In the principal rules, after rule 8, the following rules shall be inserted, namely:-
(8A) Time of Day Tariff.-The Time of Day tariff for Commercial and Industrial consumers having maximum demand more than ten Kilowatt shall be made effective from a date not later than 1st April, 2024 and for other consumers except agricultural consumers, the Time of Day tariff shall be made effective not later than 1st April, 2025 and a Time of Day tariff shall be made effective immediately after installation of smart meters, for the consumers with smart meters:
Provided that, the Time of Day Tariff specified by the State Commission for Commercial and Industrial consumers during peak period of the day shall not be less than 1.20 times the normal tariff and for other consumers, it shall not be less than 1.10 times the normal tariff:
Provided further that, tariff for solar hours of the day, specified by the State Commission shall be atleast twenty percent less than the normal tariff for that category of consumers:
Provided also that the Time of Day Tariff shall be applicable on energy charge component of the normal tariff:
Provided also that the duration of peak hours shall not be more than solar hours as notified by the State Commission or State Load Despatch Centre.
Explanation:- For the purposes of this rule, the expression “solar hours” means the duration of eight hours in a day as specified by the State Commission.
(8B) Display of Tariff.-The tariff for each category of consumers shall be displayed on distribution licensee's website and consumers shall be notified of change in tariff excluding fuel surcharge and other charges, at least one month ahead of time, through distribution licensee's website as well as through energy bills or Short Message Service or Mobile Application and the like."
[F. No. 23/05/2020-R&R]
PIYUSH SINGH, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 818(E), dated the 31st December, 2020, vide number G.S.R. 448 (E), dated 28th June, 2021 and last amended vide number G.S.R. 306(E), dated 20th April, 2022.
Gazette Notification
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