AGREEMENT FOR SUPPLY OF ELECTRICAL ENERGY

(For all load of PTW, Industrial and in other category load greater than / equal to 25 KW)

THIS AGREEMENT is executed at ............ on this .......... day of ...........

BETWEEN

(NAME OF DISTRIBUTION COMPANY), a Company incorporated under the Companies

Act, 1956 having its registered office at ..................................................................................
through its authorized signatory Mr. ......................................................, hereinafter referred to
as “the Licensee” (which expression shall unless repugnant to the subject or context or
meaning thereof mean and include its successors-in-interest, nominees and assigns) of the
ONE PART.

AND

an Individual / Partnership concern / Proprietorship concern / Institute / Trust/Society / HUF /

Body Corporate / Company / Government bodies [strike out whichever is not applicable]
incorporated under ............Act, ........... resident of / having its HO/registered office
at ................................................................................through its authorized signatory
Mr. .......................................................................... (Name and Designation), hereinafter
referred to as “the Consumer” (which expression shall unless repugnant to the subject or
context or meaning thereof mean and include its successors-in-interest, nominees and assigns)
of the OTHER

PART.

WHEREAS:

1. The Licensee is, inter-alia, engaged in the business of supplying electricity and has
been granted a license under the Indian Electricity Act, 1910 and is presently a
deemed licensee under section 14, 1st proviso of the Electricity Act, 2003 (herein after
referred to as the Act) for distribution and / or retail supply and / or bulk supply of
energy to various consumers within its licensed area.
2. The Consumer has vide application dated ............ applied to the Licensee for
procuring supply of energy for electrical installation (for a load of .......... KW / BHP /
KVA) [hereinafter referred to as ‘‘contractual load”] at its premises situate
at ...................................................................................... (hereinafter referred to as
“the said premises”) in connection with ..........................................for the
purpose..............

[Strike out whichever is not applicable]

a. Domestic Light, Fan and Power (LMV-1),

b. Non- Domestic Light, Fan and Power (LMV-2),
c. Public Lamps (LMV-3),
d. Public Institutions (LMV-4),
e. Light, Fan & Power for Public Institutions (LMV-4A),
f. Light, Fan & Power for Private Institutions (LMV-4B),
g. Small Power for Private Tube Wells / Pumping Sets for Irrigation Purposes (LMV-5),
h. Small and Medium Power (restricted / unrestricted usage of power) (LMV-6),
i. Public Water Works (LMV-7),
j. State Tube Wells, World Bank Tube Wells & Pumped Canals (LMV-8),
k. Temporary Supply (LMV-9),
l. Large and Heavy Power (restricted / unrestricted usage of power) (HV-2),
m. Railways (HV-3)

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and the Licensee has agreed to provide such supply of energy. The Rate Schedule as above
shall be as per the latest Tariff Order.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED

AND RECORDED BY AND BETWEEN THE PARTIES AS UNDER:
1. This Agreement shall be effective for a minimum period of 2 (two) years from the
date of commencement of supply by the Licensee to the Consumer under this
agreement.
2. (a) The Consumer shall pay to the Licensee all charges as provided for in the Tariff
(or Rate) Schedule in force as approved by the Uttar Pradesh Electricity Regulatory
Commission (hereinafter referred to as “the Commission”) from time to time
including any penal or additional charges payable by the Consumer in the event of
violation of any of the stipulations under the Tariff (Rate) Schedule governing its
supply.
(b) In addition to the aforementioned charges the Consumer shall also pay other
statutory levies including electricity duty, taxes, charges, surcharges etc. as may be
applicable from time to time.
3. THE CONSUMER HEREBY UNDERTAKES, REPRESENTS, ASSURES,
WARRANTS, AGREES AND COVENANTS WITH THE LICENSEE AS
FOLLOWS:
I. Consumer shall abide and be bounded by all the terms and conditions of the
Electricity Supply Code-2005 (hereinafter referred to as the “Code”) approved by the
Commission, and the amendments /revisions thereto, and the provisions of the Act
together with the rules framed under the Act and Indian Electricity Rules 1956
including any modifications thereof, in so far as they are applicable to the Consumer.
II. The Licensee shall not be held responsible in any manner whatsoever and howsoever
for curtailment, interruption, staggering, diminution or stoppage of supply for reasons
beyond its control and any claim on account of loss or damage arising out of the
failure of supply for reasons beyond its control including but not limited to “Force
Majeure conditions” shall be limited to as provided for in the Code.
III. Consumer shall ensure that the energy supplied at its premises is utilized as per law
and authorization and that there is no unauthorized addition/alteration to the
equipment. In case the Licensee has reasonable basis to understand or apprehend that
there is in any way, whatsoever, contravention of above conditions, it shall be open to
the designated authority of Licensee to enter the Consumer’s premises for general
inspection and testing of the equipment, meter and wiring etc.
IV. Consumer shall ensure that the meter, meter boards, service mains, MCB / CB, load
limiters etc are under no circumstance handled or removed by any one other than an
authorized employee / representative of the Licensee. The seals, which are fixed on
the meters / metering equipment, load limiters and the Licensee’s apparatus must on
no account be tampered, damaged or broken. The responsibility for safe custody of
Licensee’s equipment and seals on the meter / metering equipment within the
Consumer’s premises shall be on the Consumer. In the event of any damage caused to
the Licensee’s equipment in the Consumer’s premises by reason of any act, neglect or
default by the Consumer or its representative, the costs thereof as claimed by the
Licensee shall be payable by the Consumer.
V. Consumer shall inform in writing to the Licensee (as provided for in the Code) in the
event he intends to vacate the said premises or any part thereof for which the
electricity connection has been taken from the Licensee.
4.
(a) All notices /intimation required or permitted hereunder shall be in writing and shall
be sent in the format prescribed for in the Code. Notices may be sent by courier,
registered post / speed post, fax, personal delivery, affixation, and publication in a
newspaper. Notice shall be deemed to have been received by the Consumer on the
expiry of 4 (four) days from the date of dispatch by courier mail, Post Office receipt
in the case of delivery by registered and speed post, and in case of personal delivery

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simultaneous with the receipt thereof by the consumer or its employees or
representative of the Consumer and in the case of publication in a newspaper
simultaneous on the date of publishing of such newspaper and in the case of
affixation simultaneous with the affixation of such notice at a conspicuous place of
the said premises.
(b) However, the Licensee shall not be required to issue any separate notice for payment
of monthly electricity consumption bills and such Bill shall be deemed to be a “Bill
cum Notice” for payment of the amounts mentioned therein.
5. The outstanding dues will be a charge on the assets of the company. Before sale is
made, the Out standing dues will be cleared and, in the alternative the deed to
agreement / sale will specifically mention the outstanding dues and the method of its
payment.
6. If the consumer after execution of declaration / agreement reduces or increases his
load or changes the purpose of use or shifts his connection, he shall have to execute a
fresh declaration/agreement, which will be valid for two years like the agreement
executed at the time of new connection. However any relief/ concession provided in
the Rate Schedule / any order of Commission / Discom as admissible to new
connection shall not be admissible on execution of the fresh agreement / declaration
due to change in premises / Reduction of load as above.
7. Arbitration: If any question or dispute or difference arises between the parties to this
agreement as to the interpretation or effect of any provision or clause herein
contained or the construction thereof or as to may other matter in any way connected
with or arising out of this agreement or the operation thereo for the rights, duties or
liabilities of either party in connection therewith, such question, dispute or difference
shall be referred to the Arbitration of the Managing Director of the discom or the
person nominated by him and the award / decision of the said Arbitrator shall be final
and binding upon the parties. In case of any neglect or refusal by the nominee to
proceed with the arbitration, the Managing Director of the discom may nominate
another person in his place to proceed with the dispute as Sole Arbitrator.
PROVIDED that if the question dispute or difference relates to or concerns any dues
chargeable to the consumer in terms of this agreement, no reference to the arbitration
shall at the instance of the consumer be made till the consumer has deposited with the
Licensee the amount of dues in dispute, in cash/ Bank Draft.
8. This Agreement shall be governed by the Electricity Act 2003 with all its
amendments, various other laws of India for the time being in force, but not limited to
various regulations of UPERC, as applicable to the state of U.P., and shall be subject
to the jurisdiction of the Court subordinate to High Court of Judicature of Allahabad.
9. That the expenses on stamping (on a non judicial stamp paper of Rs 100/- only), shall
be made by the Consumer for this Agreement, which need not be registered.

IN WITNESS WHEREOF the parties have executed these presents at the place, day,
month and year as first above written in the presence of the under noted witnesses:

SIGNED AND DELIVERED by the within named Licensee ………………(NAME

OF DISTRIBUTION COMPANY) through Mr. ..................................................
(name and designation) at ................................. duly authorized by a Board
Resolution dated ...................

SIGNED AND DELIVERED by the within named

Consumer .......................................................... through Mr.................................
(name and designation) at .......... duly authorized by a Board Resolution / Trust Deed
/ Partnership Deed / [Strike out whichever is not applicable] dated ...................
Both in the presence of the following witnesses:
1.

2.