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Rule
46(2) (b) of the Indian Electricity Rules, 1956 provides
that "in the event of the failure of any consumer
to pay the fees on or before the date specified in
the fee notice, supply to the installation of such
consumer shall be liable to be disconnected under
the direction of the Inspector. Such disconnection,
however, shall not be made by the supplier without
giving to the consumer seven clear days notice in
writing of his intestion so to do".
Section
6(c) (1) of the Bombay Electricity (Special Powers)
Act 1946 also provides for discontinuance of supply
of energy to consumers of failure to pay the fees
of services of the Electrical Inspector or his assistants
which reads as under:
"If
any consurnerfails to pay any fees leviable for
inspection examination or test made or anu other
service redered by an Electric Inspector ou any
other officer appointed to assist the Electrical
Inspector under the provisions of the Indian Electricity
Act, 1910 or any rules made thereunder, within ten
days from the date of the presentation of the bill
for such inspection, examination, test or rendering
of service, the provincial Government or any other
officer authorized by the provincial Government
in that behalf may, not withstanding anything contained
in the Indian Electricity Act, 1910, or the terms
of any license or sanction granted thereunder or
any agreement for the supply of electrical energy,
by order or in writing direct the licensee, without
prejudice to any other right, to recover such fees,
to discontinue the supply of electrical energy to
such consumer and the licensee shall thereupon discontinue
the supply of electrical energy to such consumer".
In
one case of non-payment of inspection fees, the Electrical
Inspiector directed immediate disconnection of supply
under the provisions of Section 6(c) (1) of the Bombay
Electricity (Special Powers) Act 1946. The supply
was accordingly disconnected by our field officer
without following the preceddure laidd down under
Rule 46 (2) (b) of the LE, Rules 1956. The consumer concerned
objected to abrupt disconnection of supply without
any intimation. In view of the ambiguous situation
created by the provesions of Section 6(c) (1) of the
Bombay Electricity (Special Powers) Act 1946, which
provided for disconnection of supply without giving
any notice, the matter was referred to Governement.
Government have now advised that the licensee shouldd
give to the concerned seven days clear notice in writing
before a supply is disconnected for non payment of
any inspection fees etc.
The field officers are requested to make a note of
the above so as to avoid any complications of such
nature in future.
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