Background:
Gujarat Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2015 (“GERC Supply Code, 2015”) have been issued under the Electricity Act, 2003 to regulate the relationship between Distribution Licensees and consumers in Gujarat. The Code governs the complete lifecycle of electricity supply, including application for connection, supply standards, metering, billing, payment, disconnection and related consumer services. It operates alongside the GERC Standard of Performance, Security Deposit and Miscellaneous Charges Regulations forming the broader consumer service framework in the State.
Applicability
This Code shall be applicable to:
(1) all Distribution licensees including Deemed licensees, all consumers in the state of Gujarat and for the purpose of Clause 4.32 of these Regulations to the Transmission Licensees;
(2) all other persons who are exempted under Section 13 of the Act; and
(3) unauthorised supply, unauthorised use, diversion and other means of unauthorized use/abstraction/theft of electricity.
Compliance Requirements under the Regulations:
For LT consumers, the Distribution Licensee shall provide meters, enclosures, switchgear, and related equipment as per the CEA (Installation and Operation of Meters) Regulations, 2006 and CEA Safety Regulations 2010, at a mutually agreed location ensuring unobstructed access at all times.
For HT supply, the supplier shall provide suitable meters, Current Transformers (CTs), Potential Transformers (PTs), circuit breakers, isolators, HV fuses, or other devices as per CEA Safety Regulations 2010. The consumer shall also install similar control and protection devices on their side.
A consumer requiring High Voltage supply shall, at their own expense, provide and maintain a locked, weatherproof enclosure approved by the Distribution Licensee for installation of the licensee’s HT switchgear and metering equipment. Such enclosure may also be used by the Consumer for housing his own HT switchgears, transformer and other Apparatus including capacitors with the written permission of the Distribution Licensee but such enclosure shall not be used for any other purpose. The Distribution Licensee shall have access to the enclosure at all times without notice for the purpose of inspecting, testing and maintenance of the Distribution Licensee’s Apparatus.
In case of High Voltage and Extra High Voltage Consumers, switchgears of adequate capacity together with suitable protective devices in accordance with the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 and amendments thereof, shall be used so as to afford full protection to the Distribution Licensee’s Apparatus placed on the Consumer’s Premises.
Equipment for supply up to 33 kV and air break switches for supply at 66 kV and above shall remain the property of the Distribution Licensee and shall not be operated, handled, or removed by any person not employed by the Distribution Licensee. Seals, name plates, and distinguishing marks affixed on the licensee’s property shall not be tampered with, removed, erased, or interfered with except by duly authorised employees of the licensee.
The consumer shall compensate the Distribution Licensee for any damage caused to the licensee’s mains, apparatus, instruments, or other property at the consumer’s premises arising from any act, neglect, or default of the consumer, their servants, or persons employed by them. The compensation amount shall be paid on demand by the Distribution Licensee.
No installation shall be serviced without a meter. All new connections shall be provided with smart pre-payment or pre-payment meters; any deviation shall require Commission approval. All meters shall comply with the CEA (Installation and Operation of Meters) Regulations, 2006 as amended. The licensee shall follow these Regulations for new connections, meter replacement, energy audit, and interface metering.
LT consumers must install a Linked Switch with fuse or MCBs/ELCB/Cut Out of appropriate rating. HT/EHT consumers must install Linked Switch with fuse or Circuit Breakers as per Clause 35 of CEA Safety Regulations 2010, of appropriate rating and specifications.
The consumer shall indicate in the new connection application form whether they are self-procuring the meter, MCB/CB, and associated equipment or requiring the Distribution Licensee to supply the same. If self-procuring, the consumer shall procure only from a Distribution Licensee-approved vendor and make. The licensee shall maintain an updated list of approved makes and specifications of meters and equipment on its website.
For new LT connections: single-phase LT consumers shall be provided smart pre-payment or pre-payment meters (otherwise electronic meters); and three-phase LT consumers shall be provided smart or pre-payment meters or electronic meters with MDI. HT/EHT consumers shall be provided with 3-phase tri-vector meters with MDI, Time of Day metering, and data storage capacity of at least 45 days. Where electricity is supplied to different consumer categories within the same premises, separate meters shall be installed for each category.
A consumer who opts to self-procure the meter and associated apparatus must provide a locked and weatherproof enclosure of Distribution Licensee-approved design to house the metering equipment including CTs and PTs. In other cases, the enclosure shall be included in the estimate and provided by the licensee.
Where the meter is supplied by the licensee, meter rent shall be recovered in accordance with the GERC (Licensee’s Power to Recover Expenditure incurred in Providing Supply and Other Miscellaneous Charges) Regulations, 2005 as amended. No meter rental shall be charged from the consumer where the cost of the meter has been borne by the consumer.
The consumer shall provide suitable and adequate space for installation of the meter such that it is always accessible to the licensee or its representatives. In case of multi-storeyed buildings, the meter shall be fixed on the ground floor or rising mains with proper air ventilation and adequate illumination.
Initial installation or replacement of the meter shall be done by the licensee’s authorised representative in the presence of the consumer or their authorised representative. For replacement, such notice period shall be 7 days.
The licensee shall prepare a Meter Particulars Sheet recording meter details at installation or replacement. One signed copy shall be retained by the licensee and another copy, duly acknowledged, shall be provided to the consumer. Subsequently, details of any faults, repairs, or replacements shall be entered into the Meter Particulars Sheet by the licensee.
The consumer must not break, erase, or alter seals, nameplates, or distinguishing numbers or marks on the meter and associated equipment. Meter seals shall be treated as per the CEA (Installation and Operation of Meters) Regulations, 2006.
The consumer shall be responsible for safe custody of meters, MCBs/CBs, and related equipment installed at the premises, and shall promptly inform the licensee of any fault, accident, or problem noticed in the meter or associated equipment.
It shall be the responsibility of the licensee to maintain the meter and keep it in working order at all times. The responsibility of safe custody of the metering unit shall lie with the licensee where the metering unit is installed outside the consumer’s premises.
A consumer may install a check meter of appropriate make conforming to the technical specifications prescribed under the CEA (Installation and Operation of Meters) Regulations, 2006. Check meters may be calibrated by the licensee on payment of the prescribed fee. Check meter readings shall not be used for billing purposes by the licensee except in case of failure of the main meter.
The meter shall normally be read on a fixed date ± 3 working days for monthly billing cycle. The consumer shall extend all facilities to the licensee or authorised representatives to read the meter.
The meter shall normally be read on a fixed date ± 5 working days for bi-monthly billing cycle. The consumer shall extend all facilities to the licensee or authorised representatives to read the meter.
In the case of smart meters, the meters shall be read remotely at least once every month. Consumption data shall be made available to the consumer through website, mobile app, or SMS. Consumers with smart pre-payment meters shall be given real-time consumption data access.
In the case of other pre-payment meters (non-smart), the meters shall be read at least once every three months. Consumption data shall be made available to the consumer through appropriate means.
Meters shall be read only by authorised representatives of the licensee carrying valid photo identity cards. The licensee may use hand-held devices, Meter Reading Instruments (MRI), wireless equipment, and spot billing systems. Where bills are prepared through MRI downloads or remote reading, the consumer shall be allowed access to recorded meter reading data on request. If the Earth Leakage indicator is found ‘ON’, the meter reader shall inform the consumer about leakage and advise rectification.
If a meter is not read, provisional billing shall be based on average consumption of the last 3 billing cycles, for not more than 2 consecutive cycles. Consumers may submit meter photos through registered mobile or email. If the meter remains inaccessible thereafter, minimum or fixed charges may apply.
If the meter remains inaccessible on two consecutive reading dates and the consumer has not submitted meter photos, the licensee shall issue a notice requiring the consumer to keep the meter accessible on a specified date and time, at least 7 days after notice. If still inaccessible, a further notice shall direct the consumer to facilitate meter reading within 7 days, failing which supply shall be disconnected.
A domestic consumer giving prior notice of meter inaccessibility due to absence and paying fixed charges in advance shall not receive provisional bills. Meter access or meter photo submission is required at least once every 6 months, failing which supply may be disconnected.
It shall be the licensee’s responsibility to satisfy itself regarding the accuracy of the meter before installation. The licensee shall conduct periodical inspection, testing, and calibration of meters as per the CEA (Installation and Operation of Meters) Regulations, 2006 and amendments. Accuracy reports and periodical inspection and calibration reports shall be given to the consumer. Test results shall be maintained.
The consumer must provide necessary assistance to the Distribution Licensee in the conduct of meter testing when the licensee exercises its right to test the meter. A consumer doubting meter accuracy may apply to the licensee for testing with the requisite testing fee.
Where a meter is found defective or burnt due to technical reasons attributable to the licensee, such as voltage fluctuations or transients, or where testing by a Third Party Meter Testing Laboratory establishes results contrary to the distribution licensee’s test results, the licensee shall refund the meter testing fee to the consumer through adjustment in the subsequent bill. The meter test results and meter data issued by the Third Party Meter Testing Laboratory after completion of testing shall be provided to the consumer and shall be final and binding on both the consumer and the distribution licensee.
The consumer or authorised representative present during meter testing must sign the meter test report as a witness. The licensee shall dispatch the test report to the consumer, to be received under acknowledgment, within 2 working days of testing. For a faulty meter, rectification for a maximum period of six months (or from the date of last testing, whichever is shorter) shall be adjusted in the subsequent bill.
A consumer disputing the results of meter testing at the Distribution Licensee’s testing facility may appeal to the Consumer Grievance Redressal Forum (CGRF) for adjudication, or alternatively request testing at a Commission-approved third-party facility per Clause 6.30.
No testing fee shall be charged from the consumer at the time of reporting a defective or burnt meter. If testing establishes that the meter became defective or burnt due to technical reasons attributable to the licensee (such as voltage fluctuations or transients), the cost of the meter and testing fee shall be borne by the licensee.
The consumer must pay the cost of meter replacement and testing fee when the meter is found defective or burnt due to the consumer’s fault (such as defective installation or unauthorised load). If the meter was consumer-owned, the licensee shall inform the consumer to replace it. If meter was licensee-owned, the licensee shall install a new meter and recover the cost from the consumer through subsequent bills.
In case of loss of meter, the cost of the new meter and other apparatus shall be borne by the consumer, unless the meter was installed in the licensee’s office or sub-station.
Consumers shall promptly inform the licensee if the meter stops or records incorrectly. On complaint or inspection, the licensee shall follow Clauses 6.31 to 6.33, and if the meter is found defective, stuck, slow, fast, or creeping, it shall be replaced within prescribed timelines.
Where a meter is found burnt on complaint or inspection, the licensee shall immediately restore supply by replacing the burnt meter and taking necessary preventive measures at site to avoid recurrence of such damage.
A consumer whose meter is lost must lodge an FIR with the police and submit a copy of the FIR to the Distribution Licensee along with a complaint for the lost meter. The consumer must pay electricity charges for the period the meter was unavailable and the cost of the new meter before supply is restored.
Meters, cut-outs, MCBs, service mains, and other equipment of the Distribution Licensee installed at consumer premises shall not be handled or removed by unauthorised persons. Seals on meters, metering equipment, cut-outs, MCBs, and licensee equipment shall not be tampered with, damaged, or broken.
The licensee shall follow the detailed billing procedure as specified under Regulations 6.48 to 6.56, covering the manner and format of bills, information to be included, billing cycle, tariff application, applicable taxes and duties, and communication of bills to consumers.
Where the meter cannot be read and the consumer has not submitted meter photos, the licensee may issue provisional bills based on average consumption of the previous 3 billing cycles. Such billing shall not continue beyond 2 consecutive cycles or exceed 2 bills in a financial year, except in force majeure cases.
For defective, stuck, stopped, or burnt meters, billing shall be based on average consumption of the previous 3 billing cycles (or succeeding cycles if prior data is unavailable), for a maximum of 3 billing cycles. Consumer evidence regarding occupancy or usage conditions may also be considered.
Where the Maximum Demand Indicator (MDI) is faulty or not recording, demand charges shall be based on the maximum demand recorded during the corresponding billing cycle of the previous year, or on average demand of the available period if past corresponding data is unavailable.
The consumer must request a special meter reading in writing to the Distribution Licensee at least 15 days before change of occupancy or vacation of premises. The consumer shall pay the final bill on vacating and obtain a No-Dues Certificate from the Distribution Licensee. In case of change of occupancy, the connection shall not be disconnected; after completing commercial formalities for change of name, the same shall be effected.
If a bill is not received, the consumer may pay a self-assessed amount not less than the average consumption of the last 6 months for the relevant billing cycle. Any excess or short payment shall be adjusted in the subsequent bill.
For post-payment meters, where a domestic consumer gives prior written notice of continued absence and pays fixed charges in advance, the Distribution Licensee shall not issue notices or provisional bills and supply shall not be disconnected. A regular consumer may also opt for advance lump sum payment, subject to a minimum of 6 months’ charges. Interest at 4% per annum shall be payable on the outstanding balance of such advance deposits, computed billing-cycle wise.
On receiving a billing complaint, the licensee shall issue written or electronic acknowledgment with a complaint number. Complaints shall be resolved within 7 days (10 days if additional information is required). Pending resolution of a billing complaint, the consumer shall pay based on the average of the last three undisputed bills, subject to final adjustment after resolution. If the complaint is found correct, the licensee shall issue a revised bill within 5 working days, payable within 10 days without late payment surcharge if paid by the revised due date. Any refund shall be adjusted in the next bill. If the complaint is found incorrect, the consumer shall pay the original bill immediately along with applicable late payment surcharge for delay beyond the original due date.
Bills shall be paid by the due date indicated on the bill. Bills of ₹1,000 or less may be paid by cash, cheque, DD, or e-payment. Bills above ₹1,000 must mandatorily be paid by e-payment. If the due date falls on a Sunday or public holiday, payment shall be made by the next working day. A rebate of 0.01% or ₹50 (whichever is less) shall be given to consumers paying all bills of a financial year within the due date through e-payment.
Receipts shall be issued for all bill payments and acknowledged in the next bill. Consumer payments shall be adjusted in the following order: (1) late payment charges; (2) arrears of electricity charges, duty, and tax; (3) current electricity charges, duty, and tax; and (4) miscellaneous charges. Delayed Payment Charges shall be levied as per the prevailing Tariff Order.
The consumer shall follow the detailed bill payment procedure as specified under Regulations 6.74 to 6.79, covering the modes of payment, timelines, treatment of payment receipts, rebates for prompt e-payment, and adjustment of provisional payments against actual meter readings.
Penalty & Consequences
The following penalty provisions apply across the compliance obligations covered in this blog. These have been consolidated and de-duplicated for ease of reference:
Section 146 of the Electricity Act, 2003 — General Penalty for Non-Compliance
Whoever fails to comply with any order or direction under the Electricity Act, 2003, or contravenes — or attempts or abets the contravention of — any provision of the Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to one lakh rupees, or with both, in respect of each offence. In the case of a continuing failure, a further fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence shall also be imposed.
Section 142 of the Electricity Act, 2003 — Penalty Imposed by the Commission
Where the Appropriate Commission is satisfied that any person has contravened any provision of the Act or the rules or regulations made thereunder, or any direction issued by the Commission, it may, after giving the person an opportunity of being heard, by order in writing direct that such person shall pay, by way of penalty, an amount not exceeding one lakh rupees for each contravention, and in case of a continuing failure, an additional penalty not exceeding six thousand rupees for every day after the first during which the failure continues.
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