Assam Electricity Energy (Regulation of Supply) Order, 1977

Published vide Notification No. PEL 244/77/1, dated 14th September, 1977

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Notification No. PEL 244/77/1, dated the 14th September, 1977. - Whereas the Governor of Assam is of opinion that it is necessary to maintain the supply of electrical energy and to secure its equitable distribution, use and consumption ;

Now, therefore, in exercise of the powers conferred by Section 22-B of the Indian Electricity Act, 1910 (Act 9 of 1910) the Governor of Assam is pleased to make an order in the manner hereinafter appearing :

1. (i) The Order may be called the Assam Electrical Energy (Regulation of Supply) Order, 1977.

(ii) It extends to the whole of Assam : provided that the State Government may, by notification in the official Gazette, withdraw operation of the Order from any area or areas of the State of Assam if in the opinion of the State Government, it is considered not necessary.

(iii) It shall come into force on the 20th day of September, 1977.

The provisions of this Order shall have effect notwithstanding anything inconsistent therewith contained in the provisions of any other Order, contract, agreement, requisition or usage for the supply of or an increase in the supply of electrical energy to any person by the Assam State Electricity Board.

2. Definitions.- In this Order, unless the context otherwise requires,-

(i) "Basic consumption" means the actual average quarterly consumption of electrical energy by a consumer in the year 1976 or such other rate of consumption of electrical energy as may be prescribed by the Government;

(ii) "Consumer" means any person who is supplied electrical energy by the Assam State Electricity Board ;

(iii) "Government" means the Government of the State of Assam ;

(iv) "Board" means the Assam State Electricity Board constituted by the Government of Assam under Section 5 of the Electricity (Supply Act, 1948);

(v) "Peak Load Period Restriction" means the restriction on consumption of electrical energy by a consumer during the daily peak load hours as may be prescribed for any area within the State of Assam from time to time;

(vi) "Prescribed" means prescribed by any order or direction given by the Government under this Order ;

(vii) "Schedule" means a Schedule appended to this Order with such additions, alterations, amendments, deletions, modifications and/or substitutions as may be prescribed from time to time ;

(viii) "Electro-mechanical Device" means any meter, device, instrument, contraption or machine approved by the Board and which can regulate or record the consumption of electrical energy by any consumer.

3. Consumption of electrical energy by consumers shall be regulated as provided in the Schedules and with such exemptions as are indicated therein.
4. The Government may issue directions for proper enforcement of any provision of this Order.
5. Any consumer who contravenes the provisions of Clause 3 read with the Schedule shall be liable to-

(1) pay to the Board such penalties on staff as may be prescribed under Clause 22 and other enabling provisions of the general conditions of supply and Schedule of Tariff of the Board in force at the time of such contravention;

(2) disconnection of his supply of electricity subject to such general or special orders as may be issued by the Government;

(3) action under Section 42 of the Indian Electricity Act, 1910 ;

(4) action under any other relevant law or order in force at the time of the contravention.

6. The Board may direct airy consumer to install within the premises such electro-mechanical devices within a stipulated period as may be prescribed to properly regulate consumption of electrical energy. The cost of such electro-mechanical device will be borne by the consumer.
7. The Government may constitute an Energy Advisory Committee to review the maintenance and regulation of supply of electrical energy in the State and to ad vise Government on the measures necessary for proper distribution, equitable and rational use of electrical energy and such other related matters as may be referred to it.
8. The Board may sanction new electrical connections subject to availability of power :

Provided that no new electrical connections involving a connected load of more than 25 KW will be give by the Board except with the prior approval of the Government.

9. (1) The Government may call for any paper or document, statement, report or return which in its opinion is relevant for the purposes of this Order and any person, consumer, organisation, company or authority on whom such requisition is made shall comply with such requisition.

(2) The Government may prescribe the form and manner in which the statements, reports or returns mentioned in (1) above shall be submitted.

10. Notwithstanding anything contained in any other provisions of this Order, the Government may exempt any consumer or class of consumers from application of any provision of this Order.
11. Government may, in cases of genuine hardship, stay action already initiated under this Order, remit any penalties imposed, order, withdrawal of any prosecution started or issue directions for restoration of any electrical connection disconnected under or by virtue of the provisions of this Order.
12. Nothing in this Order shall be deemed to affect any penalty imposed or any prosecution started or any other action taken under the Assam Electrical Energy Control Order, 1975.

Schedule A

Schedule B

1. Essential consumers.- (i) Hospitals including Nursing Homes, Maternity Homes, Blood Banks, Radiological and Pathological Laboratories, (ii) Defence establishments and installations, (iii) All India Radio Station, (iv) Government Printing Press, (v) Printing Press for printing of daily newspapers, (vi) Airports, (vii) Assam State Transport Corporation Workshop, (viii) N.F. Railway installations including workshops, (ix) Posts and Telegraph Offices/Telephone Offices, (x) Milk Pasteurization Plants of Animal Husbandry and Veterinary Department, (xi) Seed Storage Units of the Assam Seeds Corporation, (xii) Food and Medicine Preservation Units, (xiii) Public Water Supply Pumping Stations, (xiv) Police Wireless Units.
2. Industrial Consumers.- (a) Food processing industries-

(i) Rice mills, (ii) Flour and Atta mills, (iii) Oil mills, (iv) Dal mills, (v) Sugar mills.

(b) Continuous process industries -

List of such consumers will be prepared by A.S.E.B. on the basis of relevant facts and records as notified by Government.

(c) Seasonal industries-

(i) Ice manufacturing units, (ii) Tea manufacturing units, etc.

(d) Small Scale Industries-

Units with a connected load of 25 KW or below.

(e) Other Industries- :

Not included in (a) to (d) above.

III. Inter State Supply. - All State Governments and Union Territories receiving power from the Board.

1. Commercial Consumers.- (i) Cinemas, (ii) Shops, (iii) Hotels and Restaurants, (iv) Petrol Pumps, (v) Bakeries, (vi) Clubs and offices, etc.
2. Non-Essential Consumers.- (i) Residential Air- Conditioners, (ii) Private Firms, (iii) Commercial Advertising including neon lights, etc., (iv) Decorative illuminations, etc.
3. Others.- (i) Domestic consumers, (ii) Water pumps for agricultural purposes arid other consumers not included in any other category.