In case the supply to a premises having permanent connection of electricity has been permanently disconnected in accordance with the provisions of the Supply Code and the original consumer or some other person applies for a connection at such premises, the distribution licensee shall provide supply within the time allowed for a new connection after recovery of expenses applicable for new connections under these Regulations :
Provided that if the service line to such premises has not been removed or used for release of other connections and is in a good condition and also has sufficient spare capacity, after meeting the requirements of all the connections released or committed to be released through the same service line and redundancy of about 30% of the total capacity of such line, to cater to the connected load or contract demand applied for by such applicant, the cost of service line under regulation 4 shall not be recovered and the connection shall be released at the earliest subject to other conditions applicable for release of new connections:
Provided further that in case of such applicants, the amounts worked out under regulation 5 and other Regulations of the Commission shall be recoverable in the same manner as applicable for new connections:
1 [Provided further that if – 1 Subs. vide ‘Not. No. HPERC/419 dated 21st September, 2015 published in the R H.P. dated 22nd September, 2015 at p.3899- 3901and before its substitution it stood as under:- ”Provided further that if –
(i) the application for such new connection is for a similar connected load or contract demand and supply voltage, as had been sanctioned for the original connection;
(ii) the application from the new applicant is received simultaneously or within 60 days from the date on which the original connection was permanently disconnected;
(iii) the provisions of sub-regulation (3) of regulation 5 are not attracted; and
(iv) the applicant clears all outstanding dues, if any, against such previous connection which has been permanently disconnected;
the amount of infrastructural development charges and other costs payable by the applicant for the connected load or contract demand applied for, as per the provisions of regulation 5 shall be reduced by 90% of the amount of the infrastructural development charges worked out at the normative rates under sub-regulation (2) of regulation 5 for the connected load/ contract demand originally sanctioned or for the same applied for by the new applicant, whichever of the two is lower:
Provided further that if-
(i) the application from the new applicant is received after a period of 60 days from the date on which original connection is permanently disconnected; and
(ii) all other conditions, other than condition (ii) as per the third proviso to this regulation are fulfilled:
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(i) the application for such new connection is for a similar connected load or contract demand and supply voltage, as had been sanctioned for the original connection;
(ii) 1 [**********************]
(iii) the provisions of sub-regulation (3) of regulation 5 are not attracted;
2 [***] 3[(iv) the applicant clears all outstanding dues, if any, against the original connection as well as against all such previous connections which existed from time to time at the premises for which new connection is being sought, also including those relating to the infrastructure development charges, for such original connection which was permanently disconnected; and] 4 [(v) the applicant has not permanently surrendered his contract demand/ connected load as per the provisions of sub-clause(ii) of clause (b) of subregulation(1) of regulation (7).]
the amount of infrastructural development charges and other costs payable by the applicant for the connected load or contract demand applied for, as per the provisions of regulation 5 shall be reduced by 100% of the amount of the infrastructural development charges worked out at the normative rates, as applicable at the time of receipt of application for new connection, under subregulation (2) of regulation 5 for the connected load/contract demand originally sanctioned or for the same applied for by the new applicant, whichever of the two is lower:
5 [ **************************************************************] the percentage rate of such rebate as per the third proviso of this regulation shall be reduced by 5% for every period of 30 days or part thereof after the expiry of initial period of 60 days:
Explanation.- If the application for the new connection is received by the licensee on or after 61 st day but upto and inclusive of 90 th day from the date of permanent disconnection, the rebate under the fourth proviso to this regulation shall be allowed @ 85% of infrastructural development charges worked out at the normative rate as per sub-regulation (2) of regulation 5 for the connected load/contract demand originally sanctioned or for the same applied for by the new applicant, which ever of the two is lower, and so on for every subsequent block of 30 days till such time the rate of rebate becomes zero:” 1 Omitted clause (ii) vide ‘Not. No. HPERC/419 dated 5 th September, 2018, published in the R H.P.
dated 7 th September, 2018 at p. 4503-4504 and before its omitted it stood as under:- “the application from the new applicant is received simultaneously or within 365 days from the date on which the original connection was permanently disconnected;” 2 Ommitted item (iii) for word “and” and end of item (iv) ins. “and” vide ‘Not. No. HPERC/419 dated 23 rd January, 2017 published in the R H.P. dated 6 th February, 2017 at p. 6943-6945.
3 Subs. vide ‘Not. No. HPERC/419 dated 22 nd July, 2018 published in the R H.P. dated 7 th September, 2018 at p. 4503-4504 and before its substitution it stood as under:- “the applicant clears all outstanding dues, if any, against such previous connection, also including these relating to the infrastructure development charges, for such original connection which has been permanently disconnected; 3[and]” 4 Ins. item (v) in third proviso vide Not. HPERC/419 dated 23 rd January, 2017 published in the R.H.P.
dated 6 th Feburary, 2017 at p. 6943-6945 5 Omitted fourth proviso vide ‘Not. No. HPERC/419 dated 22 nd July, 2018 published in the R H.P. dated 7 th September, 2018 at p. 4503-4504 and before its omitted it stood as under:- “Provided further that if-
(i) the application from the new applicant is received after a period of 365 days from the date on which original connection is permanently disconnected; and
(ii) all other conditions, other than condition (ii) as per the third proviso to this regulation are fulfilled:
the percentage rate of such rebate as per the third proviso of this regulation shall be reduced by 5% for every period of 90 days or part thereof after the expiry of initial period of 365 days:
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Provided further that the rebate admissible as per the 1 [third proviso] to this regulation shall be applicable only on the amount of infrastructural development charges worked out at normative rates under sub-regulation (2) of regulation 5 and not on any other charges/costs as may be recoverable in accordance with the second proviso to this regulation.
2[Explanations:
(a) The term original connection used in this regulation means the connection as it existed immediately before the permanent disconnection and the sanctioned connected load/contract demand as per the latest status existing immediately prior to permanent disconnection shall be considered as the connected load/ contract demand of the original connection for such purposes. However, the temporary reduction to the extent 50% of such contract demand, if any, under the provisions of the Tariff Order shall not be considered for the purpose;
(b) The condition specified under Clause (iv) of the third proviso to this regulation, being a part of package offer in such cases, shall override the general provision under the existing last sentence of sub-para 5.2.13 of the Himachal Pradesh Electricity Supply Code, 2009.]