Download Agreement Form for High Tension and Extra Tension Supply

PUNJAB STATE ELECTRICITY BOARD AGREEMENT FOR HIGH TENSION AND EXTRA HIGH TENSION SUPPLY THIS AGREEMENT MADE THIS ___day of_______20__ between the Punjab State Electricity Board(hereinafter called the 'Board' which expression shall where the context so admits include its successors in office and assign)having its Head Office at Patiala of the one part and____________________________________(hereinafter called 'Consumer' which expression where the context so admits shall include his heirs, executors, administrators , legal representatives successors in business and assigns) of the other part. Whereas the consumer has requested the Board to supply him with electrical energy at his premises situated_____________________ and indicated in red ink in the map attached hereto for the purpose of__________--and the Board has agreed to supply to the consumer such energy upon the terms and conditions hereinafter contained. NOW IT IS HEREBY DECLAREDAND AGREED AS FOLLOWS: 1 (a) Subject to the provisions hereinafter contained and during the continuance of this agreement the Board shall give supply to the consumer at one point or more, as the Board may decide for industrial/bulk/_____supply purpose, at his premises referred to above up to a maximum demand of __________KVA (________________) (hereinafter called contract demand) subject to provisions of condition No.23 hereof connected load of the consumer shall not exceed _______KW (____________). Installed capacity of the step down transformers at the premises of the consumer shall not exceed _______ KVA (____________________). (b) The consumer shall not sell the electrical energy taken under sub clause1 (a) above, without obtaining the prior sanction in writing of the Govt./Board under the Indian ElectricityAct,1910. 2. The electrical energy so supplied shall be of three phase, alternating current, at a declared pressure of________-thousand volts between phases and at a frequency of 50 cycles per second at the terminals. The frequency and pressure of the electricity energy at the point of supply shall be subject to fluctuations that are ordinary, usual and incidental to the generation and transmission of electrical energy but such fluctuations shall not except owing to extraordinary reasons beyond the control of the Board, exceed the tolerance limits permitted by the Indian Electricity Rules,1956 or any further modifications thereof. 3. In case consumer gives an undertaking to take work in hand without submitting test report and subsequently fails or neglects to obtain the supply of electric energy from the date of readiness by Board to give supply, the consumer shall be liable to pay to the Board from the said date the minimum charges as laid down in the relevant schedule of tariff irrespective of the fact that the consumer has not consumed any electric energy. 4. Unless otherwise agreed upon the point of supply shall be the outgoing terminals of the metering equipment/circuit breaker or the cut out of the Board installed at the consumer's/Board's premises from which electrical energy is conveyed to the consumer. 5. (a) The Board shall provide and erect such switchgear and metering equipment(hereinafter referred to as Board's apparatus) as may be necessary to provide supply of power under this agreement and to measure the same. (b) The Board may, however, at its discretion provide metering equipment on low voltage side of consumer's transformer and in such a case 3% shall be added to the recorded maximum demand and units to cover transformation and cable losses. (c) The Board shall provide and erect such metering equipment (hereinafter called the Board's apparatus) at its EHT sub-station as maybe necessary to afford the supply of power under this agreement and to measure the same. 6. The consumer shall be solely responsible for and shall pay for any loss or damage to any supply lines, main fuses, meters and/or other apparatus belonging to the Board on the premises of the consumer whether caused maliciously or through culpable negligence or default on the part of the consumer or any of his employees. 7. (a) The consumer shall provide and maintain at his own cost an accommodation (hereinafter called the consumer's Sub-Station) of a size and construction to be approved by the Board for purpose of housing the Board's terminal high tension switchgear and equipment. (b) The consumer shall further provide free of cost to the Board necessary land belonging to the consumer and afford all reasonable facilities for bringing in not only the direct cables or overhead lines of the Board's system for serving the consumer but also cable or overhead lines connecting Board's other consumers and shall permit the Board to provide all requisite switchgear and connections thereto on the above premises and to furnish supply to such other consumers through cable and terminals situated on the consumer's premises provided supply to the consumer in the opinion of the Board is not thereby unduly affected. (c) The consumer may with the written permission of the Board house his own HT switchgear and other equipment connected with supply of energy to him under this agreement as must necessarily be placed therein but such enclosures shall not be used for any other purpose. (d) The consumer shall provide and maintain at his own cost an accommodation suitable as per requirement of the Board both in size and construction (to be approved by the Board) for purpose of housing Board's metering arrangement nearest to the main gate with independent access to the Board and also any other equipment including measuring devices as may be considered necessary by the Board. 8. (a) All transformers, switchgears and other electrical equipments belonging to the consumer directly connected to the feeders or lines of the Board shall be of suitable design and be maintained to the reasonable satisfaction of the Board. The settings of the fuses and relays on the consumer's control gear as well as the rupturing capacity of any of its circuit breakers shall be subject to the approval of the Board. (b) In the event of any defect(s) being discovered in consumer's installation connected to the Board's mains or any earth or leakage occurring on any section of the circuits so connected, the consumer, in the absence of any of the Board's authorized employees shall immediately disconnect such part of the wiring or apparatus from the circuits and notify the Board and the Board shall reserve the right to disconnect at any time such sections from its supply system. (c) The Board shall be under no responsibility of any kind of connection with the consumer's installations or any apparatus on the consumer's side of the supply point. (d) The load on the three phase of supply under the agreement shall be kept so balanced by the consumer that the difference in current between any two phases at the time of maximum demand shall not exceed 5% without the prior approval of the supplier in writing. 9. The duly authorized employees of the Board shall be entitled at all reasonable times, to enter the premises of the consumer for the purpose of inspecting and testing his (Consumer) installation and /or for reading meter and inspecting and testing any of apparatus belonging to the Board on consumer's premises or for doing all things necessary or incidental to the proper giving or maintaining supply to the consumer. 10. The Board shall not be liable for any claim for loss, damage or compensation whatsoever arising out of failure or shortage of supply when such failure or shortage is either directly or indirectly due to war, mutiny, civil commotion, riot, strike, lockout, fire, flood, tempest, lightning, earthquake or other force major causes or occurrences beyond the control of the Board. 11. (a) The consumer shall be liable to pay the cost of service line and other equipment as may be laid down or placed on his property for the purpose of supply to his premises as per the Schedule of General and Service Connection Charges as in force at the time of release of connection. (b) Notwithstanding that the cost of the full or a part of the service line has been paid for by the consumer, the ownership thereof shall vest in the Board and will be maintained by the Board at its cost. The Board shall have a right to utilize the aforesaid service line and sub station in the consumer's premises, place apparatus other than those required to control the supply to the consumer and to lay overhead and underground feeders in the property of the consumer with a view to connect the same with the apparatus installed in any other consumer's premises. The consumer shall provide all necessary facilities for such a work. 12. The supply taken from the Board by the consumer under this agreement shall be measured by the meter or meters installed by the Board at suitable point or points. The Board shall be entitled to charge rent on account of such metering equipment at such rates as may be in force from time to time. 13. The reading of the said meter shall be taken once in every month or at such intervals as the Board may think expedient by the authorized representatives of the Board. The readings so taken shall be binding and conclusive between the consumer and the Board as to the amount of demand and electrical energy supplied to the consumer. In case consumer does not arrange for his representative to be available on the scheduled date of taking the reading of the meters, the reading of metes taken by the representatives of the Board shall be conclusive and the consumer shall not have the right to raise any objection regarding the correctness or accuracy of the readings. Meter readings shall be noted in the meter card/pass book provided by the Board. The consumer shall ensure that the representative of the Board taking the reading makes the entry in the meter card/duplicate pass book. 14. The meter shall be properly sealed by the authorized representative of the Board in the presence of the consumer or his representative and shall not be interfered with by the either. 15. The consumer shall be entitled on application to the Board to have a test carried out on the meters at anytime and the expenses of such test shall be borne by the Board or by the consumer accordingly as the meters are found defective or correct as a result of such test. Such meters shall be deemed to be correct if the limits of the error do not exceed those laid down in rule 57 of the Indian Electricity Rules, 1956 or any other statutory modifications thereof as maybe in force from time to time. Should the consumer decline to accept any such test or aforesaid adjustment, the matter shall be referred to the Chief Electrical Inspector as provided in Section 26(6) of the Indian Electricity Act, 1910. 16. (a) The consumer shall pay to the Board every month charges for electrical energy supplied to the consumer during the preceding month under this agreement in accordance with the provisions and sale of rates set forth in the tariff schedule as amended from time to time. The incidence of the fuel adjustment shall be in addition to any minimum charges payable by the consumer. The Board, if the exigencies so warrant, may change the method of charging. (b) If the Bard by notification makes any alteration in the aforesaid scale of charges/tariff, such altered rates shall be treated as if the same were part of this agreement in suppression of the charges set out in the schedule attached hereto with effect from the date fixed in the notification and if no date is fixed in the notification then from the date of issue of notification. 17. (a) If the consumer fails to pay the amount of any bill due under this agreement within 10 days (or such shorter period which the Board may prescribed at any time )from the date of bill referred to, he shall be liable to pay late payment surcharge as provided in the schedule of tariffs. If the amount of such bill remains unpaid for 10 days after the date of its presentation, the Board shall give 7 days notice before disconnecting the supply of electrical energy and should the supply be so disconnected, the connection shall not be restored until full payment for all obligations pending, including charges for the work of reconnection, has been made by the consumer. The Board may send the notice of disconnection along with the bill itself. (b) If the payment of the bill is not made in full, necessary surcharge for late payment of the bill as mentioned in the relevant tariff schedule will be payable by the consumer. 18. In the event of any dispute or difference as to the correctness of any bill or bills presented under the terms hereof, the consumer shall nevertheless pay such bill or bills within stipulated period. Any adjustment necessary due to incorrectness in such bill or bills shall be made by the Board in the ensuing bill(s) after the settlement of the said dispute or difference. 19 (a) The consumer shall, when required by the Board, pay advance consumption deposit () for which no interest is payable) as per schedule of General and Service Connection Charges, as amended from time to time, for the performance of the terms and conditions of this agreement and shall on the requisition time to time renew or replenish ACD and security in the event of the same becoming exhausted or insufficient. The Board, in the event of consumer being found indulging in malpractice or theft of electricity, may require him to pay additional ACD at least by 100% failing which the Board may disconnect the supply to the consumer. Also the Board shall be at liberty at any time and from time to time to appropriate and apply the ACD deposit as aforesaid towards payments or satisfaction of all or any money which shall become due or owing by the consumer to the Board in respect of the supply of energy or otherwise under this agreement but the provision contained in this clause shall not prejudice any other remedy to which the Board maybe entitled for the recovery of such amount. (b) If the consumer fails within 14 days or such other period of notice as may be specified in writing in each case to comply with the terms of any notice by the Board requiring him to give any ACD or additional ACD or security or so renew or replenish any security mentioned in sub-clause(a) foregoing, which may become exhausted or insufficient, the Board may without prejudice to any other remedy be entitled to refuse or discontinue the supply so long as such failure continues. 20 (a) The consumer shall agree to restrict or regulate consumption of electrical energy/supply under this agreement during peak hours as may be directed by the Chief Engineer SO&C or any other appropriate authority of the Board in writing and any other hours as and when required to do so if the power position or any other emergency warrants such an action. (b) The consumer shall agree to the supply of electricity under this agreement being curtailed, staggered or cutoff altogether by the Board if the power position or any other emergency in power system warrants such a course of action. (c) The Board would have the right to discontinue temporarily power to the consumer at any time at its discretion, whenever it becomes necessary for the purpose of testing plant, equipments etc. and for this no compensation will be payable to the consumer. 21. (a) The consumer shall pay to the Board Service Connection charges, additional ACD/Security as per the schedule of General and Service Connection Charges in force at the time of extension of load or contract demand as the case may be. (b) The minimum charges as provided in the schedule of tariff shall be increased to take into account the altered load. 22. During the continuance of this agreement the consumer shall not generate or purchase the electrical energy from any other source except the Board without prior sanction of the Board in writing. 23. The consumer shall not, without the previous consent in writing of the Board, assign, transfer or part with the benefit of this agreement and shall not in any manner part with or creates any partial or separate interest in it. 24. If at anytime during the continuance of this agreement the consumer shall: (a) Being a company pass a resolution for winding up or be orde5red to be would up by a court of competent jurisdiction and being an individual or individuals commit any act of insolvency or be adjudged insolvent. (b) Execute or create any mortgage charge or other encumbrance on any property or asset of the consumer so as to prejudicially affect the Board's electric meter, plant apparatus and equipment, at consumer's premises or any part thereof or any right exercisable by the Board in connection with the said electric meters, plant, apparatus and equipment, the Board shall be at liberty to terminate this agreement by giving seven days notice in writing to the consumer and upon such termination the consumer shall forthwith pay to the Board all the money then due and payable under the agreement together with a further sum equal to the amount of the minimum and/or special guarantee for the unexpired minimum period of supply as and by way of liquidated damages. 25. (a) The consumer shall comply with conditions of supply prescribed by the Board and as modified from time to time, which shall be deemed to be a part of the agreement and shall govern the parties hereto in so far as same are applicable. (b) The consumer shall afford to the Board on demand all reasonable information including certified copies of monthly return of production of goods being submitted by him to the Central/State Excise and Sales Tax Authorities to enable the Board to keep a watch over the consumption of electricity to keep all records required under the provisions of Act, or the rules of the conditions of supply. (c) If any of the information supplied or undertaking given by the consumer is found to be incorrect or false or shows that he had obtained connection by misrepresentation, he will be deemed to have indulged in malpractice and his connection will be liable to be disconnected by giving him a notice of seven days. (d) The consumer shall not without the prior consent of the Board effect any change in the industry or operate any additional industry for which the connection had been taken in the first instance. Default in this regard may lead to disconnection of supply after giving him a notice of seven days. (e) In the event of consumer failing to comply with any of the provisions of the condition of supply as set out herein or failing to observe and fulfill the terms and conditions of this agreement on his part, it shall be lawful for the Board after giving notice to the consumer to discontinue the supply of energy, notwithstanding that the Board may have at any time previously omitted to exercise such power on a similar failure by the consumer. The Board shall however on the terms and conditions of this agreement and on payment by the consumer of the expenses incurred by the Board in cutting off and reconnection of the supply, reconnect the supply with reasonable speed. 26. Any levy such as Sales Tax, Electricity Duty, Octroi etc imposed by the State Government or any other competent authorities on energy purchased by the consumer from the Board shall be paid by the consumer. 27. This agreement shall be read and construed as subject in all respect to the provisions of the Electricity (Supply) Act, 1948. The Indian Electricity Act,1910 or any statutory modifications thereof for the time being in force and the rules, regulations and Conditions of Supply of Electricity by the Board made there under or any subsequent amendment or modifications thereof so far as the same respectively may be applicable. 28. The consumer has agreed to bear stamp duty on this agreement, if applicable. 29. The consumer shall declare the connected load of the factory at the time of giving connection and subsequently at the time when increased demand is met under this agreement. The consumer shall not make any addition to the installation, unless approved by the Board. 30. All disputes arising under this agreement or touching or concerning any covenant or conditions of this agreement shall be subject to the jurisdiction of courts in Punjab alone. Resolution of disputes shall be in accordance with the provisions of the "Condition of Supply" as amended from time to time. 31. The consumer would provide all corrective measures to keep the voltage flickering within the permissible limits as maybe advised by the Board, from time to time. Should the voltage flicker be more than the limits prescribed by the Board, the installation shall be disconnected and will knot be reconnected, till the voltage flickering is brought down to the satisfaction of the Board. IN WITNESS WHEREOF, I______________________(Name and designation) of the Punjab State Electricity Board by order and direction of and on behalf of the Punjab State Electricity Board and the consumer_______________________ have hereinto set their signatures and the common seals the day, month, and year first written above. Signed by the above named in the presence of ____________ (Designation) Punjab State Electricity Board 1. Name:_____________________ Address:___________________ 2. Name:_____________________ Address:___________________ The seal was hereinto affixed in the presence of SEAL OF THE BOARD 1. Name:_____________________ Address:___________________ 2. Name:_____________________ Address:_________________ Signed by the above named in the presence of (Consumer or his Authorized Representative) Name:_______________________ Designation:_______________________ Authorized vide Resolution No_______________ or Power of Attorney No.________________ (For and on behalf of) 1. Name:_____________________ Address:___________________ 2. Name:_____________________ Address:___________________ The common seal was hereinto affixed in the presence of (Common seal of the consumer) 1. Name:_____________________ Address:___________________ 2. Name:_____________________ Address:___________________