Eb 20 days

From

Jaweed Ahmed, D.M.E.,         

18-10-2013

            The Electricity Supply Code states as follows:

(A)       “Consumer Meter Card” means a card provided at the low tension consumer’s premises for the purpose of recording the measurements relating to consumption of electricity and the charges for electricity consumed and other related charges. It shall also serve the purpose of a notice to the consumer of the due dates for payment and notice period for disconnection.

(B)       Due Dates and Notice Periods :

            (1) The Licensee shall provide the following minimum days with regard to due dates, notice period for payment of tariff related electricity charges:

            (a) For LT Services, the due date shall be not less than 5 days from the date of entry in the consumer meter card. 15 days clear notice period shall be allowed prior to disconnection for non-payment. Belated payment surcharge shall not be levied for LT services during the notice period.

            (2) In the case of Low Tension consumers who do not pay their current consumption charges as per the periods specified by the Licensee in the consumer meter card, the printed notice period in the consumer meter card shall be construed as the notice to the consumer. Payments may also be accepted during the notice period. If the last day included in the notice period happens to be a holiday, the period of notice will get extended and the last day for payment to avoid disconnection will be the next working day.

            (3) Supply to such Low Tension consumers as specified above is liable to be disconnected after the expiry of the notice period.

General definition and meaning of “DAY” :-          ( for reference only )

1.         A period of 24 hours, or           24 hours period of time.

2.         24 Hours, commencing at midnight on one day and ending at midnight on the next,

3.         Each of the twenty four hours period,

4.         Midnight to midnight 24-hour period (in the computation of a period, the day on which an agree-

            -ment or event commences is generally not counted),

5.         The period of twenty four hours, from one midnight to the next,

6.         A division of time equal to 24 hours but reckoned from one midnight to the next,

7.         A period of light.

8.         The period of light between dawn and night fall.

9.         The interval from sunrise to sun set.

10.       The period of light between sun rise and sunset.

11.       The time after sunrise and before sunset.

12.       The period from sunrise to sunset,

13.       The interval of light between two successive nights,

14.       The time between sunrises to sunset,

15.       Time for earth to make a complete rotation on its axis,

16.       A division of time equal to 24 hours and representing the average length of period during which

            the earth makes one rotation on its axis,

17.       Time which the earth make one complete revolution on its axis,

18.       The 24-hour period during which the earth completes one rotation on its axis,

19.       Time corresponding to a rotation of the earth on its axis,

20.       The part of a day usually from 9 am. To 5 pm,

General definition and meaning of “Days clear notice” or “Clear days notice” ( for reference only )

            1.         As per law “clear days” means that the day on which the notice is given and the day on which the notice expires are not included in the notice period;

            2.         As per Bar Council of India under the Advocates Act, 1961, “clear days” means that time is to be reckoned exclusive of both the first and the last days;

            3.         As per Wakf Rules, “clear days” means the number of days to be counted excluding the first and the last day;

            4.         As in the Court of Calcutta, Smt. Malati Sarkar vs the State of West Bengal & Others on 14 May 2010, Division Bench held that fifteen “clear days” notice would mean a gap of fifteen clear days in between the date of service of notice and date of holding of meeting;

            5.         As per Patna High Court, Jai Bhagwan Sharma v. Matu Ram Bhola Ram, AIR 1964 Punj 135, Sureshchandra v. Birdhichand, AIR1965 Raj 229, Harishchandra Sigh v. The State of Bihar and Ors. On 21 December, 1970 held that “clear days” means days exclusive of the day on which notice reach the addressee and the day of the meeting;

            6.         As per Calcutta High Court, Harish Chandra Singh v. the State of Bihar Janendra Nath Pramanick v. the District Magistrate, Nadia on 28 January 1977, “clear days” means exclusive of the day the notice is served and the day on which the meeting is held;

            7.         As per the Tamil Nadu Dr. Ambedkar Law University, “clear days” means that the time is to reckoned exclusive of both the first and last days;

            8.         As per the Free Dictionary, “clear days” means days reckoned from one day to another excluding both the first and last days, as from Sunday to Sunday there are six clear days;

            9.         As per Legal Definition, “clear days” means full and complete days, “where there is a reference to a number of clear days or at least a number of days between two events, in calculating that number of days, the days on which the events happen are excluded;

            10.       As per British Columbia Interpretation Act, in the calculation of time expressed as “clear Days, weeks, months, or years or as “at least” or “not less than” a number of days, weeks, months or years, the firs and last days must be excluded;

            11.       As per Business Directory, “clear days” means all the days in the schedule of time line except the day of commencement and day of completion;

            12.       As per Bar Council of India, New Delhi, “clear days” means that time which is to be reckoned exclusive of both the first and the last days;

            13.       As per Bar Council of Kerala, “clear days” means that time is to be reckoned exclusive of both the first and the last days provided however that where any act is to be done or taken on a certain day or within a prescribed period and if the office is closed on that day or on the last of prescribed period, such act shall be considered as done or taken in due time if it is done or taken on the next day on which the office of the Bar Council is open;

            14.       As per the Departmental Board of the Ministry of Justice, “clear days” means that in computing the number of days, the day on which the period begins and if the end of the period is defined by reference to an event, the day on which that event occurs are not included;

            15.       As per the Interpretation Act of Alberta, if an enactment contains a reference to a number of days expressed to be “clear days” or to “at least” or “not less than” a number of days between two events, in calculating the number of days, the days on which the events happen shall be excluded.

            And many more.

            Please inform

I.          “The due date shall be not less than 5 days from the date of entry in the consumer meter card”.

(a)        If the date of entry in meter card is 07-01-2013, and the due date shall be not less than 1 days from the date of entry in the consumer meter card, inform the due date ? 07-01-2013 or 08-01-2013 ?

(b)        If the date of entry in meter card is 07-01-2013, and the due date shall be not less than 5 days from the date of entry in the consumer meter card, inform the due date ? 11-01-2013 or 12-01-2013 ?

(c)        If the due date happens to be a holiday, the due date will get extended and the last day for payment will be the next working day.

Considering Due Date for Payment     - 12-01-2013 - Saturday          - 2nd Saturday / Holiday

Next Due Date for Payment                 - 13-01-2013 - Sunday            - Weekly Holiday

Next Due Date for Payment                 - 14-01-2013 - Monday           - State’s Festival/Holiday

Ultimate Due Date for Payment           - 15-01-2013 - Tuesday          - Next working day.

Inform if it is correct. If not, inform correct date with reason/explanation.

I I.        “15 days clear notice period” shall be allowed prior to disconnection for non-payment. Belated payment surcharge shall not be levied for LT services during the notice period”.

(a)        What does it mean by “15 days clear notice period” ?

(b)        Referring to para I-(c) above and considering that payment not made on 15-01-2013, notice to be served on 16-01-2013, which actually not takes place and it is to be granted that notice has been issued on 16-01-2013. Is it correct or not. If not, inform correct date with sufficient reason / explanation.

(c)        Referring to para (b) above and considering that the day / date of service of notice is 16-01-2013 then 17-01-2013 is the first and inclusive day of “15 days clear notice period”. Is it correct or not. If not, inform correct date with reason / explanation.

(d)        Referring to para (c) above, the last day of “15 days clear notice period” falls on 31-01-2013. Is it correct or not. If not, inform correct date with sufficient reason / explanation.

(e)        Referring to para (d) above, the disconnection date falls on 01-02-2013. Is it correct or not. If not, inform correct date with reason / explanation.

I I I.      Is table given below correct or not. If not, inform correct dates with sufficient reason / explanation.

JAWEED AHMED.