1 [The Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005]

1 · [The Himachal Pradesh Electricity Regulatory Commission (Security Deposit) Regulations, 2005]

1 · . Definitions . -In these regulations, unless the context otherwise requires, -

1 · Published in the R.H.P.(Extra) dated 30 th March, 2005 at p. 43774382. For Hindi text see the R.H.P. (Extra) dated 30 th March, 2005 at p. 4369-4376.

3 · Power to require security.- (1) The distribution licensee shall require every person, who requires a supply of electricity to his premises in pursuance of section 43 of the Act, to give security as provided in regulation 4, for the payment of all monies, which may become due to the licensee -

1 · [Provided that the licensee may not obtain such security in case where the supply of electricity is required for its own use.]

4 · Security deposit for the supply of electricity.2 [(1) The applicant for a new electricity connection or additional load shall, on demand from the licensee at the rates worked out as per regulation 5, deposit, within the time limits in which such amount is demanded, the initial security deposit for the connected load (in case of connections covered under single part tariff) and for the contract demand (in case of connections covered under two part tariff).]

1 · Proviso inserted vide Not. No. HPERC/414/(Security Deposit) dated 28 th November, 2015, published in the R H.P. dated 1 st December, 2015 at p. 5569-5571.

2 · Sub. for the sub-regulation (1) Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302.

1 · [(3) Save as provided in sub-regulation (1) and sub-regulation (2), the consumer shall also, on demand from the distribution licensee as per the provisions of Regulation 6, deposit such additional amount by which the total amount of security already deposited by him falls short of the amount equivalent to the average bill (excluding arrears but including late payment surcharge, if any) for (n+1.35) months based on the bills raised in relation to the period of twelve billing months (April to March) of the immediately preceding year.

2 · [(4) The amount payable by the consumer towards the initial security deposit under these Regulations shall be in the form of cash/demand Draft (DD) drawn in favour of the licensee:

1 · Sub. for the sub-regulation (3) Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302. Before its substitution sub-regulations (3) of regulation 4 read as under:

2 · Subs. vide Not. No. HPERC/414/(Security Deposit) dated 28 th November, 2015, published in the R H.P. dated 1 st December, 2015 at p. 5569-5571. Before its substitution sub-regulations (4) of regulation 4 read as under:

3 · Sub. for the words "i.e. at the time of release of new connection or for sanction of additional load exceeds Rupees ten lacs" Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302.

4 · rd

5 · Sub. for the words "within the validity period, the licensee shall recover the corresponding amount" Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July, 2020 at p. 1298-1302.

1 · [(8) Save as provided in sub-regulations (4), (5) and (6), the Bank Guarantee shall be furnished on a form containing the terms and conditions and the validity period etc., as may be standardized and posted on the website by the distribution licensee, from time to time . ] [

2 · [5. Initial security deposit.—(1) The distribution licensee shall recover and the applicant shall pay the initial security deposit towards the electricity to be supplied to him, at the

1 · Ins. sub -regualtion (8) in regulation 4 Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302.

2 · Sub. vide Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July, 2020 at p. 1298-1302.Before its substitution regulation 5 read as under:

2 · [(e) "Below Poverty Line (BPL) Beneficiary" means the person belonging to very poor category of persons below poverty line, declared as such, by general or special order, by Central/State Government, from time to time.]

6 · Review and payment of additional security deposit for the electricity supplied . -

1 · [(1) General Review.—The distribution licensee shall, on first day of July of each year or soon thereafter, check the adequacy of the security deposit recovered by it from the each consumer excepting those specifically exempted from payment of security deposit in accordance with sub -regulations (1) of regulations 3 and shall ascertain, in case of each consumer, as to whether the amount already recovered from him on account of security deposit falls short of the amount required to be maintained in accordance with subregulation (3) of regulation 4 and shall, in case of any shortfall, issue demand notice for the additional security deposit as per sub-regulations (2) of this regulation:

1 · Sub. vide Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302.Before its substitution sub-regulation (1) of regulation 6 read as under:

1 · [Provided that if the shortfall is less than Rupees 500 (five hundred only) of the existing security deposit, no demand shall be made by the licensee:

2 · [(2A) The Below Poverty Line (BPL) beneficiaries in the State for supply of electricity to them, for residential or domestic usage, shall pay the initial security deposit equal to 'one half' (or,'50%') of the respective rate of initial security deposit, specified in the Table under sub regulation (1).]

1 · Sub. vide Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July, 2020 at p. 1298-1302.Before its substitution for clause (a) under sub-regualtion (2) of the exisiting proviso read as under:

2 · Ins. vide Not. No. HPERC/414 dated 3 rd November, 2011 published in the R H.P. dated 11 th November, 2011 at p. 4022-4023. For Hindi Text see the R. H.P., dated 11 th November, 2011 at p. 40214022.

7 · Interest on security deposit payable by the licensee.- (1) Subject to the provisions of sub -section (2) of section 47 of the Act, the licensee shall, with effect from the month succeeding the date on which the security amount is deposited, pay simple interest on security deposit of a the consumer at the 1 [weighted average of actual Bank Rate(s) for the previous year] as notified by the Reserve Bank of India or such higher rate as may be fixed by the Commission from time to time and the amount of interest payable shall be rounded off to the nearest rupee.

8 · Refund of security deposit.(1) Where an agreement for supply of electricity is terminated as per the terms and conditions of supply, the licensee shall be required to refund the security deposit if any, after making adjustments for the amounts outstanding from the consumer to the licensee, within one month of the effective date of termination of the agreement:

2 · [(2) In case of permanent reduction of connected load (in case of single part tariff) and contract demand (in case of two part tariff), the total amount of security deposit

1 · Subs. for "Bank Rate (as on 1 st April of every year)" vide Not. No. HPERC/414/(Security Deposit) dated 28 th November, 2015, published in the R H.P. dated 1 st December, 2015 at p. 5569-5571.

2 · Sub. vide Not. No. HPERC/414/(Security Deposit) dated 3 rd July, 2020, published in the R H.P. dated 4 th July,2020 at p. 1298-1302.Before its substitution for sub-regualtion (2) of regulation 8 read as

9 · Credit Rating , -1 [(1) Every year, the licensee shall, of its own, carryout the credit rating of its existing consumers by applying uniform criteria, which shall be hosted on its website, for such credit rating in respect of each category of consumers.]

10 · Power to remove difficulties. -(1) In case of any difficulty in giving effect to any of the provisions of these regulations, the Commission may, either Suo-motu or on application made to it, do or undertake to do things, or by general or special order direct the licensee to take suitable action, not being inconsistent with the Act, which appears to the Commission to be necessary or expedient for the purpose of removing the difficulty.

11 · Issue of orders and practice directions.- Subject to the provisions of the Act, and these regulations, the Commission may, from time to time, issue orders and practice directions with regard to the implementation of these regulations and procedures to be followed for such implementation and matters incidental or ancillary thereto.

12 · Interpretation - All issues arising in relation to interpretation of these regulations shall be determined by the Commission and the decision of the Commission on such issues shall be final.

1 · Subs. vide Not. No. HPERC/414/(Security Deposit) dated 28 th November, 2015, published in the R H.P. dated 1 st December, 2015 at p. 5569-5571. Before its substitution sub-regulations (1) of regulation 9 read as under:

1 · [The Himachal Pradesh Electricity Regulatory Commission (Security Deposit) [Removal of Difficulties] (First) Order, 2005]

1 · . Short title and commencement . -(1) This order may be called the Himachal Pradesh Electricity Regulatory Commission (Security Deposit) [Removal of Difficulties] (First) Order, 2005.

2 · . Initial security deposit .The initial security deposit per kw/kVA or fraction thereof . -

1 · Published in R H.P. dated 11 th October, 2005 in at p. 3735-3736.