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No.PL-2(1)/1020
Maharashtra State Electricity Board
Mercantile Bank Builing, Fort,

Bombay-1.

Dated 6th January, 1964.
  

Departmental Circular No. 43
(Commercial)


Sub :
  
Non payment of inspection fee Disconnection of
supply to the consumers for--
  

 
      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. 
  


Sd/-
Deputy Chief Engineer


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