Section 47: Power to require security

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 47

Section 47 of the Electricity Act, 2003 empowers the distribution licensee to require reasonable security for electricity supplied and electric meters provided, mandating the payment of interest at the Reserve Bank of India bank rate and permitting disconnection upon failure to provide security.

  • Statutory Authority to Require Security Deposit: Authorizes the licensee to require any applicant or existing consumer to maintain a reasonable security deposit covering estimated electricity charges for two billing cycles and meter cost.
  • Mandatory Payment of Interest at RBI Bank Rate: Section 47(4) imposes a mandatory statutory duty on the distribution licensee to pay interest on security deposits at the RBI bank rate or rates specified by the Commission, credited to the consumer's bill.
  • Power of Disconnection upon Non-Furnishing of Security: Section 47(5) entitles the licensee to discontinue electricity supply if the consumer fails or refuses to provide or maintain the required security deposit after statutory written notice.
Key Landmark Precedents:
  • Ferro Alloys Corpn. Ltd. v. A.P. State Electricity Board (1993) Supp (4) SCC 136: The Supreme Court held that demanding security deposits is a prudent and legally valid regulatory measure to safeguard public electricity utilities against consumer default and accumulated commercial arrears.
  • Tata Power Delhi Distribution Ltd. v. DERC (2013) APTEL ELR 412: APTEL held that the statutory interest payable under Section 47(4) on consumer security deposits is an affirmative statutory entitlement that licensees must adjust annually against consumption bills without requiring separate consumer claims.
Courtroom Practice & Strategic Litigation Guidance:

In large commercial or industrial supply disputes, check whether the licensee has credited annual Section 47(4) interest on the accumulated security deposit; if the utility attempts disconnection for security shortfall, plead set-off and adjustment of accrued statutory interest to stay disconnection.