(1) This Act may be called the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978.

(2) It shall be deemed to have come into force on the 1st day of March, 1978.

In this Act, unless the context otherwise requires,

(a) Statutory order means the order for the levy of revised tariffs and the conditions of supply of electrical energy by the Tamil Nadu Electricity Board made under section 3 of the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (Tamil Nadu Act XXIX of 1949) and published in Notification No. II(2)/PWE/4329(e)/74 in Part II Section 2 of the Tamil Nadu Government Gazette (Extraordinary), dated the 9th October, 1974 and includes any amendment made to the said order for the time being in force;

(b) tariff means the rate of tariff leviable upon the consumption of any electrical energy in this State supplied by the Tamil Nadu Electricity Board and as specified in the Schedule to this Act;

(c) the words and expressions used and not denned in this Act but defined in the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (Tamil Nadu Act XXIX of 1949) or in the statutory order shall have the meanings respectively assigned to them in the said Act or in the said statutory order.

Notwithstanding anything contained in the Tamil Nadu Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (Tamil Nadu Act XXIX of 1949), the tariff rates payable to the Tamil Nadu Electricity Board by any consumer on the electrical energy supplied by the Board shall be as specified in the Schedule to this Act.

The State Government may, after taking into account the cost of production of energy, and such other matters as may be prescribed, by notification, amend the provisions of the Schedule to this Act.

(1) The statutory order in so far as it relates to tariff rates on supply of electrical energy for agricultural and non-agricultural purpose is hereby repealed.

(2) The provisions of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891), shall apply to the repeal of the said statutory order, as they apply to the repeal of a Tamil Nadu Act.

THE SCHEDULE3

(See section 3)

Industrial Establishments, Registered Factories, Tea Estates, Textiles, Railway Tractions, Caustic Soda, Calcium Carbide, Aluminium and Fertilisers.

Tariff concessions for High Tension Industries coming under the High Tension Tariff-I:

(i)(a) In the case of New High Tension Industries, the following concessional tariffs shall be charged for the first five years after the commencement of production:

The above concession shall apply to both unit rates and maximum demand charges. This concession shall not, however, be applicable to a consumer who utilises power from his own generating units or makes other arrangements for production purposes and utilises the power supplied by the Board for auxiliary purposes only. The above concessions shall not apply from the year when the Industry starts earning profits.

Explanation 1. This tariff concession is applicable only once to a consumer for a new industrial undertaking and will not be available for any subsequent expansion or diversification of production.

Explanation 2. If a consumer starts a branch mill for manufacture of the same products, the branch mill is not eligible for the concession:

Provided that in the area comprising the satellite town of Maraimalai Nagar, New Town, developed by the Madras Metropolitan Development Authority, a consumer will be eligible for the concession once irrespective of whether he has availed of it outside Maraimalai Nagar earlier or whether he would be otherwise considered a branch mill under Explanation 2.

(i)(b) New Industries, which work night shift and existing industries which newly introduce night shift (i.e.) between 9-30 p.m. of a day and 5-30 a.m. of the next day, will be given a further concession as indicated below:

Explanation. For the purpose of this clause, existing industries mean an industry which has not completed five years from the date of commencement of production and which is still eligible to the concessional tariff rate.

Forty per cent of the appropriate rate for energy only consumed during night shift for a period of five years during the seven months from July to January:

Provided that in respect of those having one day shift, the night shift concession will stand reduced from forty per cent to twenty per cent:

Provided further that in respect of those having two day shifts no night shift concession will be available.

This concession shall apply to energy rate arrived at after giving the concession referred to in item (i)(a) for New Industries.

(i)(c) New Industries in and around Mettur Township which avail of power only during the irrigation season, i.e., from 15th July to 15th January shall be given a tariff reduction of twenty-five per cent. This concession shall be in addition to the other concessions applicable to the New Industries mentioned in items (i)(a) and (b) above. If such industries take power during non-irrigation season, this concession shall not be applicable.

(i)(d) New Industries to be set up in industrially under developed areas notified as such by the Government will be given a reduction of fifteen per cent of the tariff for the first five years from the date of commencement of production. This will be over and above the concessions to New Industries specified in items (i)(a) and (b) above.

(ii) In all cases of High Tension Supply under High Tension Tariff-I the connected load under lighting and other non-industrial purposes including appliances but not for resale must not exceed the prescribed limit as detailed in items (iv) and (v) below. If any excess under lighting and non-industrial load cannot be segregated or brought within the prescribed limit then the whole consumption in the service shall be charged under High Tension Tariff VII.

(iii) The New Industries to be set up in the Madras Metropolitan Area shall not be eligible for any tariff concessions.

(iv) In all contracts, for power supply at High Tension Tariff-I, the connected load under lighting and other non-industrial purposes including appliances but not for resale must not exceed the following prescribed limits:

A separate meter shall be installed for this purpose. If the load is within the prescribed limit, the consumption in the service shall be charged at High Tension Tariff-I. Any excess load above the prescribed limit shall be charged under High Tension Tariff-VII. The consumer shall utilize the energy for lighting and non-industrial purposes solely for bona fide purposes of the factory and its industrial activities. The Chief Engineer shall be the final authority in deciding the bona-fide nature of these purposes. In the case of supply under High Tension Tariff-I, the usage of electricity for bonafide purposes of lighting, heating and power loads in the residential quarters within the factory or estate premises shall be metered separately by the consumer, taking High Tension Supply and paid for to the Board at Low Tension Tariff-I. The units so metered shall be deducted from the total number of units registered in the main meter of the High Tension Supply for billing purposes.

(v) If a consumer availing High Tension Supply under this tariff does not, for any reasons, utilise the power load for more than thirty days, then the energy utilised in the service for lighting and non-industrial purposes shall be billed under High Tension Tariff-VII.

Recognised Educational Institutions, Hostels run by recognised Educational Institutions, Government Hospitals, actual places of public worship, Orphanages, Public Libraries, Water works, Public lighting and such other Institutions declared by the Government from time to time.

Supply to Salem Steel Plant, Heavy Water Plant and Madras Atomic Power Project shall be charged at Supply End cost.

Supply to Pondicherry State shall be at the rate charged by Neyveli Lignite Corporation to the Tamil Nadu Electricity Board PLUS ONE PAISE per KWH as wheeling charges.

All categories of consumers not covered under High Tension Tariffs I, II, III, IV, V and VI.

Provided that the Industries requiring High Tension Supply during the construction period will be charged under this Tariff.

High tension consumers availing a maximum demand above 5,000 KVA (Plus 2 per cent marginal adjustment) should avail extra high tension supply within six months if the above limit of 5,000 KVA is exceeded by sanction. In case, the consumer, whose sanctioned demand so exceeds the above limit of 5,000 KVA does not avail extra high tension supply in place of high tension supply, the consumer shall be charged an extra levy of three paise per KWH (over and above the normal tariff) for the entire energy consumed.

For lights and fans including radios and power loads 45 paise per KWH.

Minimum monthly current consumption charges Rs. 4 per service.

This tariff is restricted to services which are exclusively domestic, to Handlooms in residences of Handloom weavers (regardless of the fact whether outside labour is employed or not) and to Handlooms in Sheds erected where energy is availed of for only lighting purposes.

II. PUBLIC LIGHTING: For Public Lighting

(ii) Unmetered Supply:

For lamps of higher wattages, proportionate charges based on the rate for 100 watts lamps shall be levied.

For lamps of higher wattage, proportionate charges based on the rate for two 40 Watts (twin type) lamps shall be levied.

Central Excise Surcharge at 3 paise per KWH will be levied on consumption in respect of unmetered supply.

Explanation. The number of burning hours shall be decided from time to time in consultation with the local authority but shall not exceed 200 hours per month or 2,400 hours per annum.

Minimum Monthly Current Consumption Charges Rs. 5 per service.

(Industrial and Non-Industrial including Factory Lighting)

Minimum monthly current consumption charges of Rs. 10 per 750 Watts of contracted load.

Fractions of 750 Watts will be reckoned, as 750 Watts for purposes of this minimum.

Explanation (i) For supply to welding Jets, this rate will be increased by 20 per cent.

Explanation (ii). The connected load under lighting and other non-industrial purposes connected with the factory within the factory premises must not exceed 15 per cent of that for power and heating. Where the connected load for lighting and other non-industrial purposes as indicated above exceeds the permissible limit of 15 per cent then separate meter shall be provided for this non-industrial load and consumption by this load shall be charged under Low Tension Tariff-VIII.

Minimum monthly current consumption charges Rs. 5 per service.

Explanation (i). Small Farmer means a person whose total holding whether as owner, tenant or mortgagee with possession, or partly in one capacity and partly in another does not exceed two and half acres of wet lands or five acres of dry lands. In computing the extent of land held by a person who holds both wet and dry lands, two acres of dry land shall be taken to be equivalent to one acre of wet land.

Explanation (ii). Agricultural consumers will be permitted lighting upto 50 watts per 1,000 watts of motive power connected subject to a maximum of 150 watts inclusive of wattage of Pilot lamps, each of which should not exceed 15 watts and with not more than 3 lamps (excluding Pilot lamps) for lighting the farm or the field around the pumpset. Energy used for radios and other appliances including domestic lighting in farm houses shall be metered separately and charged for at the appropriate tariff.

Explanation (iii). In the case of permissible lighting load connected to the unmetered phase in agricultural service, Rs. 2 per month per 40 watts lamps (ordinary lamp) will be charged.

Explanation (iv). Extra lighting in agricultural services over the permissible limit will be charged for, either if separately metered as per Low Tension Tariff VIII, or if not separately metered, on a flat rate of Rs. 2 per 40 Watts lamp (ordinary). Larger lamps in proportion. If Flourescent/Mercury Vapour lamps are connected, the rates will be enhanced as laid down under Low Tension Tariff II.

Explanation (v). Cottage Industries to be eligible for this tariff shall ordinarily, not have a connected horse power exceeding 5. This limit may, however, be relaxed by the Chief Engineer for special reasons to be recorded in writing.

For huts in village Panchayats Rs. 2.50 per lamp per month.

Explanation (i). A hut will be defined as a living place not exceeding 200 square feet area with mud wall and thatched roof.

Explanation (ii). Only a single light not exceeding 40 watts be permitted per hut.

Minimum monthly current consumption charges Rs. 10 per service.

Minimum monthly current consumption charges Rs. 10 per service.

(1) Temporary Supply

(2) Lavish Illumination

Rs. 2 per KWH.

Explanation. The rate for lavish illumination shall apply to weddings, garden parties and other private functions where the illumination is obtained through bulbs fastened in outer surfaces of walls of buildings, on trees and poles inside the compound and in pandals outside the main building. All other cases of illuminations obtained through bulbs fastened on outer surfaces of walls of buildings, on trees and poles inside the compound and in pandals outside the main building shall be charged as for temporary supply.

The above tariffs shall be read with the general terms and conditions of supply prescribed by the Tamil Nadu Electricity Board from time to time.

1. For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 12th September, 1978, Part IV Section 1, Page 477.

2. Received the assent of the Governor on the 23rd February 1979, first published in the Tamil Nadu Government Gazette Extraordinary on the 3rd March 1979 (Masi 19, Kalayukti (2010-Tiruvalluvar Andu))

3. The original Schedule has been amended from time to time and this Schedule incorporates within itself the amendments made by the Government in the Public Works Department in G.O.Ms. No. 1518, dated the 11th September, 1981, G.O.Ms. No. 861, dated the 30th April, 1982, G.O.Ms. No. 2341, dated the 29th November, 1982, G.O.Ms. No. 1, dated the 3rd January, 1983 and G.O.Ms. No. 741, dated the 31st March, 1983.