Section 15 in Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005
15. Tampering, distress or damage to electrical plant, lines or meter.
- 15.1 No person other than the authorized representative of the Distribution Licensee or any other person authorized under the Act and rules and regulations made there under shall be authorized to operate, handle, remove or interfere with any electrical plant, electric lines, meters equipment etc. of the Distribution Licensee or break remove erase or other wise interfere with the seals, name plates and identification numbers or marks affixed on such property of the Distribution License , placed in the consumer premises.15.2If any consumer adopts any electrical appliance which is likely to affect injuriously the supply of other consumers or uses the energy supplied or deals with it in any manner so as to unduly or improperly interfere with the efficient supply of energy to any other person by the licensee; the licensee may discontinue the supply so long as such an appliance is so adopted or the energy is so used or dealt with.15.3If the equipment i.e. electrical plant, lines or meter etc. of the licensee placed in the consumer premises is found tampered, distressed/damaged, the licensee shall be entitled to recover the expenses incurred for restoration of such plant, line, meter etc., without prejudice to his right to take Action under appropriate provisions of the Act, including disconnection of supply under Section 56 of the Act for non-payment of the cost for replacement/rectification.[15.4 Wherever un-authorized use of electricity is being indulged in, the licensee may discontinue the electricity supply so long as such unauthorized use of electricity is being done without prejudice to the right of licensee to take action under law including Section 126 of the Act.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 348 Dated - 29/04/2008.][15.5 Section 126 of the Electricity Act 2003 is for assessment of the charges for unauthorized use of electricity. This provision would also be applicable to those cases where action is taken for offences under Section - 135 of the Electricity Act 2003 and the situation of alleged commitment of offence is covered under the provisions of Section 126 of the Electricity Act 2003.] [As per Amendment issued by Jharkhand State Gazette Notification No.- 579 Dated - 08/08/2008.]15.6Wherever un-authorised use of electricity is detected and the assessing officer issues a final order, the consumer shall be entitled to file an appeal to the appellate authority under Section 127 of the Act.[15.7 Method for assessment of electricity charges in case of Unauthorized Use of Electricity (UUE) - (i) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the Assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess the electricity charges payable by such person or by any other person benefited by such use as per the procedure in the following sections:(ii)Unauthorised use of electricity shall be as defined in 'Explanation (b) 'under section 126 of the Electricity Act 2003, reproduced as under:(b)"unauthorised use of electricity " means the usage of electricity-(i)by any artificial means; or(ii)by a means not authorised by the concerned person or authority or licensee; or(iii)through a tampered meter; or(iv)for the purpose other than for which the usage of electricity was authorised; or(v)for the premises or areas other than those for which the supply of electricity was authorized.(iii)Exemption: Following activities shall not be considered as unauthorized use of electricity:(a)Where a consumer is billed on demand basis but the connected load exceeds the sanctioned load. In such cases one month notice is to be served by the Licensee indicating additional load to be regularised by the consumer.(b)Use of supply for a religious, social function or any other non-commercial activity by the consumer himself, not exceeding three days, in his own or adjoining premises, provided total operating load does not exceed the sanctioned load of the consumer.Procedure for booking a case of Unauthorized Use of Electricity(iv)The Licensee shall publish the list of Assessing officers, prominently in all the Offices and the Photo Identity Card issued to such officers shall indicate so.(v)An Assessing officer, suo motu or on receipt of reliable information regarding unauthorized use of electricity shall promptly conduct inspection of such premises and shall be present at the time of conducting inspection of such premises.(vi)The inspection team of the Licensee, headed by such Assessing officer shall carry along with them their Visiting Cards and Photo Identity Cards. Photo Identity Card should be shown and Visiting Card handed over to the consumer before entering the premises.(vii)The Assessing officer shall prepare a report giving details such as connected load, condition of seals, working of meter and mention any irregularity noticed (such as, artificial means adopted for unauthorized use of electricity).(viii)The report shall clearly indicate whether sufficient evidence substantiating the fact that unauthorized use of electricity was found or not. The details of such evidence should be recorded in the report and the material utilised for the purpose shall be kept as a proof.(ix)The report shall be signed by the Assessing officer, each member of the inspection team and by the consumer, if the consumer fails to sign the report then the same has to be recorded in the inspection report and the report must be handed over to the consumer or his/her representative at site immediately under proper receipt. In case of refusal by the consumer or his/her representative to either accept or give a receipt, a copy of inspection report shall be pasted at a conspicuous place in/outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under Registered Post/Speed post on the day or the next day of the inspection.(x)Within three working days of the date of inspection, the Assessing officer shall, analyze the case after carefully considering all the evidence including the consumption pattern, wherever available and the report of inspection. If it is concluded that no unauthorized use of electricity has taken place, no further action will be taken.Notice to consumer(xi)If the Assessing officer as per clause 15.7 (x) suspects that the unauthorized use of electricity has taken place, he shall serve a provisional assessment order assessed as per clause 15.7 (xx) and (xxi) of these Regulations alongwith show cause notice to the consumer, giving reasons as to why a case of unauthorized use of electricity should not be booked against such consumer. The show cause notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed.(xii)The person, on whom an order has been served under clause 15.7 (xi) of these Regulations shall be entitled to file objections, if any, against the provisional assessment before the Assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment.(xiii)If the provisional assessment amount is deposited within seven days of the service of such provisional assessment order on the consumer, the reply to the notice shall not be necessary.Consumer's reply submission(xiv)The consumer shall submit his/ her reply within fifteen days of receipt of show cause notice to the concerned officer mentioned in clause 15.7 (xi) of these Regulations.(xv)In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clause 15.7 (xvi) and(xvii)of these Regulations.Hearing(xvi)Within five days from the date of submission of consumers' reply, the Licensee shall arrange a hearing with the consumer.(xvii)During the hearing, the Assessing officer shall give due consideration to the facts submitted by the consumer and pass, within five working days, a speaking order as to whether the case of unauthorized use of electricity is established or not. The order shall contain the brief of inspection report, submissions made by consumer in his written reply and oral submissions during hearing and reasons for acceptance or rejections of the same.Assessment(xviii)In cases where unauthorized use of electricity is not established based on consumer's reply submission / hearing, further proceedings shall be discontinued and case of unauthorized use of electricity shall be dropped immediately.(xix)Where it is established that there is a case of unauthorized use of electricity based on consumer's reply submission/ hearing , the Assessing officer shall assess the energy consumption taking into consideration the following:(xx)The Assessing officer shall assess the energy consumption considering the following:(a)Period of assessment: If the Assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorized use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve (12) months immediately preceding the date of inspection.(b)Assessment charge: The assessment for the units assessed as per clause 15.7 (xxi) of these Regulations shall be made at a rate equal to twice (2 times) the tariff rates applicable for the consumer as per the latest Tariff order, excluding the consumption recorded by the meter or already billed during the assessment period at applicable tariffs.(c)If a consumer is found indulging in more than one act of unauthorized use of electricity, the charges payable by the consumer in respect of each such unauthorized use shall be separately assessed and billed accordingly.(xxi)The methodology for assessment of consumption for unauthorized use of electricity shall be as follows:Assessment shall be based on the data obtained from the meter (in case of electronic meter through MRI) and shall be given as:= (Average Monthly consumption for the Period of assessment (units)) x (Period of assessment (in months or fraction thereof), assessed as per clause 15.7 (xx) (a) of these Regulations)Provided the meter has been in working condition for at least nine months of the assessment period;Provided further that the connection of the consumer has been energized for at least nine months prior to the date of inspection for unauthorised use of electricity;If the above conditions are not satisfied then the assessment shall be as per the assessment formula given in clause 1.1 of ANNEXURE-I to these Regulations.(xxii)The final assessment order shall be served on the consumer under proper receipt. The consumer shall be required to make the payment within seven days of its proper receipt. A copy of the speaking order shall also be handed over to the consumer under proper receipt.(xxiii)The order of final assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as prescribed by the State Government under section 126(2) of the Act.(xxiv)Any person served with the order of final assessment, may, accept such assessment and deposit the assessed amount with the Licensee within seven days of service of assessment order upon him.(xxv)In case of non-payment of bill amount within seven days of serving the final assessment order, the connection will be disconnected by serving a fifteen days notice, which will not be reconnected until the assessed amount is deposited. In case of non-payment, the amount will be shown as arrear in the regular bill.(xxvi)When a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent, per annum compounded every six months.(xxvii)Appeal to Appellate Authority: Any person aggrieved by the final order served by the Assessing officer may, within 30 days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as specified by the Commission in the Jharkhand State Electricity Regulatory Commission (miscellaneous provision) Order, 2003 and subsequent amendments, to an Appellate Authority.(xxviii)No appeal against an order of assessment under section (xxvii) above shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.(xxix)The Appellate Authority will dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the Assessing officer and the appellant. The order of the Appellate Authority shall be final and shall not be appeal-able(xxx)The consumer will be served with a revised bill as per final order of the Appellate Authority to be paid in seven days.(xxxi)If a consumer defaults in making the payment within seven days of serving the final order of the Appellate Authority, the connection will be disconnected after serving a fifteen days notice which will not be reconnected until the bill amount is cleared. In case of non-payment, the amount will be indicated as arrear in regular bill and action will be taken for recovery.(xxxii)An interest of 16% per annum will be charged on the amount as per final order of the Appellate Authority after thirty days from the date of final order, compounded every six months as per section 127(6) of the Act.][15.8 Method for assessment of electricity charges in case of theft of electricity. - (i). Whenever a case of theft of energy is detected, the Authorized officer shall carry out assessment, in accordance with the procedure as laid down in the sections below:Procedure for booking a case of theft of electricity(ii)The Licensee or supplier shall publish the list of the Authorized officers prominently in all the Offices and the Photo Identity Card issued to such officers shall indicate so.(iii)An Authorized officer, suo motu or on receipt of reliable information regarding theft of electricity shall promptly conduct inspection of such premises.(iv)The inspection team of the Licensee or supplier, headed by such Authorised officer shall carry along with them their Visiting Cards and Photo Identity Cards. Photo Identity Card should be shown and Visiting Card handed over to the consumer before entering the premises. Photo Identity Card of the Authorised Officer shall clearly indicate that he has been nominated as Authorized officer as per provisions of Section 135 of the Act.(v)The Authorised officer shall prepare a report giving details such as connected load, condition of meter seals, working of meter and mention any irregularity noticed (such as tampered meter, artificial means adopted for theft of energy).(vi)The report shall clearly indicate whether sufficient evidence substantiating the fact that theft of energy was found or not. The details of such evidence should be recorded in the report.(vii)No case for theft shall be booked only on account of seals on the meter missing or tampered or breakage of glass window, unless corroborated by consumption pattern of consumer and such other evidence as may be available.(viii)In case sufficient evidence is found to establish direct theft of electricity, Licensee or Supplier as per Section 135 sub-clause (1A) of the Act shall disconnect the supply and seize all material evidence including wires/cables, meter, service line etc., from the premises and shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection. The Authorized officer of the Licensee or Supplier shall within two days from date of inspection, file a case against the consumer in designated Special Court as per the provisions of Section 135 of the Act. Copy of filing shall be served on the consumer under proper receipt within two days of such filing.(ix)The Authorized officer shall assess the energy consumption as per the assessment formula given in ANNEXURE-I to these Regulations, for the entire period during which such theft of electricity has taken place and if, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 (twelve) months immediately preceding the date of inspection and prepare assessment order on twice (2) the rates as per applicable tariff and serve on the person under proper receipt.In case of a regular metered connection, where a case of theft of electricity is detected, units allowed to be recorded in the meter for which bills have been raised by the licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer.(x)In case of suspected theft, the Authorised officer shall remove the old meter under a seizure memo and seal it in the presence of the consumer/ his representative and the Authorised officer and the consumer have to sign on the seal borne on the meter. The Licensee or supplier shall continue the supply to the consumer with a new meter. The old meter shall be tested in the presence of the consumer and the Authorised officer at a third party facility approved by the Commission which shall give a test report, in writing, which alongwith photographs/ videographs shall constitute evidence thereof. The Authorised officer shall record reasons to suspect theft in the premises in his report.(xi)The report shall be signed by the Authorized officer and each member of the inspection team and the same must be handed over to the consumer or his/her representative at site immediately under proper receipt. In case of refusal by the consumer or his/her representative to either accept or give a receipt, a copy of inspection report must be pasted at a conspicuous place in/outside the premises and photographed. Simultaneously, the report shall be sent to the consumer under Registered Post/Speed Post on the day or the next day of the inspection.Provided that, in case of suspected theft, if the consumption pattern for last one year is reasonably uniform and is not less than 75% of the assessed consumption, no further proceedings shall be taken and the decision shall be communicated to the consumer under proper receipt within three days and connection shall be restored through original meter.(xii)After detailed examination of the evidence and the consumption pattern of the consumer, if the Licensee or supplier is convinced that a prima-facie case is made out for the abstraction, consumption or use of electricity dishonestly against the consumer, the Licensee or supplier shall, within seven days of inspection, serve a provisional assessment order assessed as per clause 15.8(xxi)of these Regulations alongwith show cause notice to the consumer,giving reasons, as to why a case of theft should not be booked against such consumer giving full details for arriving at such decision and points on which reply has to be submitted. The notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed.(xiii)Incase show cause notice is not served even after thirty days from date of inspection by the Licensee or supplier, the case of suspected theft shall be considered as dropped and no further action can be initiated against the consumer.(xiv)Theft shall not be limited to physical interference with the meter found during physical inspection. It shall also include theft committed by resorting to external methods such as remote control/ high voltage injection etc. which interfere with the accurate registration of energy consumed. Theft of electricity may be established by analysis of metering data down-loaded by a third party facility approved by the Commission. In case theft of energy is determined by way of meter down load, the provisional assessment order assessed as per clause 15.8 (xxi) of these Regulations alongwith show cause notice will be sent to the consumer/user. The notice should clearly state the time, date and place at which the reply has to be submitted and the designation of the person to whom it should be addressed.(xv)The person, on whom an order has been served under clause 15.8 (xii) and(xiv)of these Regulations shall be entitled to file objections, if any, against the provisional assessment before the Authorized officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment.Consumer's reply submission(xvi)The consumer shall submit his/ her reply within fifteen days of receipt of show cause notice to the concerned officer mentioned in clause 15.8 (xii) and (xiv) of these Regulations.(xvii)In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clause 15.8 (xviii) and(xix)of these Regulations.Hearing in case of suspected theft(xviii)Within five days from the date of submission of consumers' reply, the Licensee or supplier shall arrange a hearing with the consumer. The consumer may be given another opportunity in case he fails to appear for the hearing. In case, the consumer fails to appear for the second time, the Licensee may proceed against the consumer.(xix)During the hearing, the Authorized officer shall give due consideration to the facts submitted by the consumer and pass, within five working days, a speaking order as to whether the case of theft is established or not. The order shall contain the brief of inspection report, submissions made by consumer in his written reply and oral submissions during hearing and reasons for acceptance or rejections of the same.Assessment(xx)In case of the decision based on the consumer's reply / hearing wherein the case of theft is not established, no further proceedings shall be required and electricity connection shall be restored through original meter.(xxi)Where it is established that there is a case of theft of energy based on the consumer's reply / hearing, the Authorized officer shall assess the energy consumption as per the assessment formula given in ANNEXURE-I to these Regulations, for the entire period during which such theft of electricity has taken place and if, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 (twelve) months immediately preceding the date of inspection and prepare assessment order on twice (2) the rates as per applicable tariff and serve on the person under proper receipt.In case of a regular metered connection, where a case of theft of electricity is detected, units allowed to be recorded in the meter for which bills have been raised by the licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer.(xxii)The consumer shall be required to make the payment within seven days of its proper receipt.(xxiii)The Licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provision of these regulations, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to the clause 13(A) (1A) of the Electricity (Amendment) Act, 2007, restore the supply line of electricity within forty eight hours of such deposit or payment.(xxiv)If the person does not make payment within the stipulated time, the Licensee or supplier shall proceed to recover its dues against the assessment order.(xxv)In all cases where theft of electricity has been detected, the Licensee or supplier shall file the case with Appropriate Court for decision in the matter unless the offence is compounded under Section 152 of the Act.(xxvi)In case of default by the person in payment of assessed amount, the person, in addition to the assessed amount, shall be liable to pay, on expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent per annum compounded every six months pending adjudication by Appropriate Court.]
