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Part II — The Rules

The Odisha Electricity (Duty) Rules, 1961

Made under Section 12 of the Act · Notification No. ELX-178/61-1, dated 16 December 1961 · As amended up to 31st January, 2017

Rule-wise analytical summary

This is a plain-language, rule-wise summary provided for quick reference. It is not a substitute for the official text of the Rules — always verify against the notified Rules and their amendments before relying on it for any legal or compliance purpose.

Contents

1Short Title

These rules are called the Odisha Electricity (Duty) Rules, 1961.

2Definitions

Defines key terms used in the Rules:

2AQualification of Inspecting Officer

Sets minimum eligibility for appointment as Inspecting Officer under Section 7 of the Act:

3Time and Manner of Collection and Payment

Sets out the collection mechanics:

3-ANotice for Special Mode of Recovery

If duty/interest remains unpaid 30 days after a demand notice, a recovery notice in Form D is issued under Section 10-A of the Act (the garnishee-style third-party recovery mechanism).

4Manner of Calculating Electricity Duty

Governs the transition calculation when meter readings straddle the commencement date of the Odisha Electricity (Duty) Amendment Act, 2016:

5Irrecoverable Duty

Duty that is found wholly or partly irrecoverable, despite diligent recovery efforts, may be written off by the State Government.

6Keeping Books of Account

Prescribes detailed record-keeping.

(1) For licensees / suppliers — per-consumer records of:

Where tariff isn't metered, supply is computed on a basis approved by the Inspecting Officer.

(2) For self-generators — per generating unit records of:

7Submission of Returns
8Inspection of Books of Account

Inspecting Officers may, at any time, require licensees, suppliers, self-generators, or open-access consumers to produce books/records at their registered office for verifying duty liability.

9Power of Entry of Inspecting Officer

Inspecting Officers may enter premises supplied (or believed supplied) with energy to:

Assessment provisions:

10Other Duties of Inspecting Officers

Inspecting Officers must inspect books/returns under Rules 6–7, applying a detailed test-check of individual entries connected to duty levy, and issue written requisitions (to certificate officers or debtors of a defaulter) to recover arrears under the garnishee mechanism. They must also verify entries relating to exemptions and adjustments.

11Provision of Separate Meter

Where a single installation has combined consumption — part liable to duty, part exempt — the consumer must install and maintain a separate/sub-meter to register the two categories of consumption independently.

12Removal of Difficulties
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Prescribed Forms Under the Rules

FormPurposeGoverning Rule
AApplication for refund of electricity dutyRule 3
BRefund payment orderRule 3
CRefund adjustment orderRule 3
DNotice of demand under Section 10-A (special recovery)Rule 3-A
EAnnual return — claim of electricity duty from disconnected consumersRule 7(1)(a)
FAnnual return — electricity duty collected from live consumersRule 7(1)(a)
GMonthly return — electricity duty collected & remittedRule 7(1)(b)
HAnnual return — new consumers under exemption categoryRule 7(1)(a)
IAnnual return — new consumers under IPR exemption categoryRule 7(1)(a)
JMonthly return — self-generating agenciesRule 7(2)
KOrder of assessment of electricity dutyRule 9
LForm of appeal against assessment order (Section 3)Rule 9

How the Act and Rules Interlock

Act ProvisionCorresponding Rule(s)
Sec. 3 (levy / assessment)Rules 4, 9; Form K
Sec. 5 (collection)Rule 3; Forms A, B, C
Sec. 6 (records / returns)Rules 6, 7; Forms E–J
Sec. 7 (Inspecting Officers)Rule 2A (qualifications)
Sec. 8 (dispute resolution / appeal)Rule 9; Form L
Sec. 9 (powers of Inspectors)Rules 8, 9, 10
Sec. 10-A (special recovery)Rule 3-A; Form D
Sec. 12 (rule-making power)The Rules themselves
Sec. 14 (remove difficulty)Rule 12

The Rules essentially operationalize the Act's charging and enforcement framework — turning Section 3's duty liability into concrete billing/deposit timelines (Rule 3), Section 6's record-keeping mandate into specific fields and forms (Rules 6–7), and Section 8's dispute mechanism into a documented assessment-and-appeal process (Rule 9, Forms K & L).