Unauthorised use of Electricity (UUE) Section 126 of the Act provides that Assessment 126(1) 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 unauthorized use of electricity, he shall provisionally assess to the best of his judgement the electricity charges payable by such person or by any other person benefited by such use.(2)The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed.(3)The person, on whom a notice has been served under sub-section (2) 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 within thirty days from the date of service of such order of provisional assessment, of the electricity *charges (sic ?) payable by such person.(4)Any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him.(5)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 unauthorised 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 months immediately preceding the date of inspection.(6)The assessment under this section shall be made at a rate equal to twice times the tariff rates applicable for the relevant category of services specified in sub-section (5).Explanation. - For the purposes of this Section,-(a)"assessing officer" means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government;(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 authorized; or(v)for the premises or areas other than those for which the supply of electricity was authorized.Section 127 of the Act provides that11.1Procedure for Inspection, Provisional Assessment, Hearing and Final Assessment in case of unauthorised use of electricity (UUE) under Section 126 of the Act-(a)Inspection(i)The Assessing Officer designated under Section 126 of the Act by the State Government shall suo-motu, or on receipt of reliable information on unauthorized use of electricity or on instruction from higher authority, promptly conduct inspection and search of such place or premises, exercising due diligence.(ii)The Assessing Officer, if required to do so, shall handover his business card to the person in occupation or possession or in charge of the place or premises before entering the premises, Photo ID card shall be carried by each team members.(iii)The access to premises shall be in accordance to clause 6.32 to 6.36 of the Code. Provided that the occupant of the place or premises of inspection or any person on his behalf shall remain present during the inspection.(iv)A report shall be prepared at site giving details of connected load, condition and details of old seals and resealing done, working of meter, details of new seals, etc. The report shall mention any irregularity noticed which may lead to an indulgence of unauthorized use of electricity in the format given in Annexure-6. The Inspecting Officer shall carry seals for this purpose.(v)The report shall clearly indicate whether or not conclusive evidence substantiating the fact that UUE was found. The details of such evidence should be recorded in the report. The report shall be signed by each member of the inspection team and handed over to the person in occupation or possession or in charge of the place or premises at site immediately under proper receipt. In case of refusal by such person 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 may be photographed. Simultaneously, the report shall be sent to such person under Registered Post/Speed post on the day or the next day of the inspection.(vi)Within 3 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.(b)Provisional Assessment and Notice to the Consumer-(i)If the Assessing Officer comes to the conclusion that Unauthorized Use of Electricity has taken place in the premises (as defined under Explanation under Section 126 of the Act), he will serve a provisional assessment order upon the person in occupation or in-charge of the premises, giving 7 days time under proper receipt for filing objection if any, against the Provisional Assessment Order and fixing a date of hearing. The assessment shall be done as per guidelines provided in Annexure-7, appended to the Code.(ii)Any person served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him. Such payment made shall be subject to the final order.(c)Hearing & Final Assessment(i)On the date of hearing, the Assessing Officer shall hear to the person in occupation or possession or in-charge of the place or premises. The Assessing Officer shall give due consideration to the facts submitted by such person and pass, within 7 working days, a speaking order as to whether the case of UUE is established or not. The order shall contain the brief of inspection report, submissions made by such person in his written reply and during hearing.(ii)A copy of the order shall be served to such person under proper receipt, and in case of refusal to accept the order or in absence of such person, shall be served on him under Registered Post/Speed Post. The person in occupation within 15 days of receipt of final assessment order.(iii)If the Assessing Officer reaches to the conclusion that unauthorized 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 or possession or in charge of the place or premises shall be required to make the payment and if, however, the period during which such unauthorized use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.(iv)The assessment under (iii) above shall be made at a rate equal to twice the tariff applicable for the relevant category of service.(d)Appeal to Appellate Authority Against the Final Assessment Under Section 127 of the Act.(i)Any person aggrieved by a final order made under sub-clause 11.1(c) above, may, within thirty (30) days of the said order, prefer an appeal to the Appellate Authority designated by the State Government in the manner specified in Bihar Electricity Regulatory Commission (Procedure for Preferring Appeal before the Appellate Authority) Regulations.(ii)No appeal against the order of assessment under sub-clause (i) above shall be entertained unless the person deposits one half of the amount assessed by the Assessing Officer in cash or by way of bank draft, along with fees specified in the Bihar Electricity Regulatory Commission (Fees, Fines and Charges) Regulations with the licensee and encloses documentary proof of such deposit.(iii)No appeal shall lie to the Appellate Authority referred to sub-clause (d)(i) above against the final order made with the consent of the assessed person in writing.(iv)The licensee shall not take any action for recovery of assessed amount for the period of thirty (30) days, mentioned in sub-clause (d) (i) above, where the assessed person intimates the Assessing Officer within this period of his intention of filing an appeal to the appellate authority.(v)The order of the Appellate Authority referred to in sub-clause (d)(i) above passed shall be final and shall contain the brief of inspection report, submissions made by the person in his written reply and during personal hearing and reasons for acceptance or rejection of the same.Note : Section 145 of the Electricity Act provides that no civil court shall have the jurisdiction to entertain any suit or proceeding in respect of any matter, which an Assessing Officer, or an Appellate Authority, is empowered to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act. It is also provided that nothing contained in the procedure laid in clause 11.1 shall have effect in so far as it is inconsistent with provisions of Sections 126,127 & 145 of the Act.(e)Default in Payment of Assessed Amount or Instalments thereof(i)In case of default in payment of the assessed amount or any instalment granted or agreed by the licensee, the licensee shall, after, giving a 15 days notice in writing, disconnect the supply of electricity, by any suitable means such as disconnection from pole/transformer, removing meter, electric line, electric plant and other apparatus. The reconnection shall be carried out as per the provisions of reconnection laid down in clause 7.7 of the Code.(ii)When a person defaults in making payment of assessed amount, he shall be liable to pay an amount of interest at the rate of sixteen per cent per annum with effect from the date of expiry of 30 days from the date of order of assessment, in addition to the assessed amount, compounded every six months.11.2Theft of Electricity11.2.1Section 135 of the Act as amended provides that - (1) Whoever, dishonestly,-(a)taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; or supplier, as the case may be; or(b)tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or(c)damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or(d)uses electricity through a tampered meter; or(e)uses electricity for the purpose other than for which the usage of electricity was authorised, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both:Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use-(i)does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;(ii)exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity:Provided further that in the event of second and subsequent conviction of a person where load extracted, consumed or used or attempted abstraction or attempted consumption or attempted use exceeds 10 kilowatt, such person shall also be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting supply of electricity for that period from any other source or generating station:Provided also that if it is proved that any artificial means or means not authorized by the Board or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.(1A)Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may upon detection of such theft of electricity, immediately disconnect the supply of electricity:Provided that only such officer of the licensee or supplier, as authorized for the purpose by the Appropriate Commission or any other officer of the licensee of supplier, as the case may be, of the rank higher than the rank so authorized shall disconnect the supply line of electricity:Provided further that such officer of the licensee or supplier, as the case may be, 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:Provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with complaint as referred to in the second proviso to this clause, restore the supply line of electricity within forty-eight hours of such deposit or payment.(2)Any officer of the licensee or supplier as the case may authorised in this behalf by the State Government may-(a)enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been, is being, or is likely to be, used unauthorisedly;(b)search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, is being, or is likely to be, used for unauthorized use of electricity;(c)examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.(3)The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list:Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises.(4)The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.The theft of electricity shall be dealt as per the provisions stated above.11.2.2. Section 138-Interference with meters or works of licensee-provides that - (1) Whoever,(a)unauthorisedly connects any meter, indicator or apparatus with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line; or(b)unauthorisedly reconnects any meter, indicator or apparatus with any electric line or other works being the property of a licensee when the said electric line or other work has or have been cut or disconnected; or(c)lays or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee; or(d)maliciously injures any meter, indicator, or apparatus belonging to a licensee or willfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering,shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing offence, with a daily fine which may extend to five hundred rupees; and if it is proved that any means exist for making such connection as is referred to in clause (a) or such re-connection as is referred to in clause (b), or such communication as is referred to in clause (c), for causing such alteration or prevention as is referred to in clause (d), and that the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, reconnection, communication, alteration, prevention or improper use, as the case may be, has been knowingly and willfully caused by such consumer.11.2.3Procedure to be adopted by licensee for Inspection, Provisional Assessment, Hearing and Final assessment in case of theft of electricity under Section 135 of the Act.(a)Procedure(i)An Officer authorized under Section 135 of the Act by the State Government, suo-motu or on receipt of reliable information regarding theft of electricity, shall promptly conduct, inspection and search of such premises.(ii)The Authorized Officer shall, if required, handover his business card to the person in occupation or possession or in charge of the premises or place. Photo ID card may be carried by each team member and shown to such person before entering the premises.(iii)The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall also apply, as far as may be, to searches and seizure under this Code.(iv)A list of all items seized in course of search shall be prepared and signed by all persons present during the search and seizure. The occupant of the place or premises or any person on his behalf shall remain present during the inspection.(v)In all cases of inspection, a report shall be prepared at site giving details of connected load, condition and details of old seals, working of meter, details of new seals and clearly mention any irregularity noticed which may lead to theft of electricity in the format given in Annexure-8. The Authorized Officer shall carry seals for this purpose. Any damage/destruction to the electric meter, metering equipments, apparatus, line, cable or electrical plant of the licensee caused or allowed to be caused by the person so as to interfere with the proper or accurate metering of electricity or for theft of electricity shall also be duly recorded in the report. The Authorized officer shall also prepare a diagram illustrating the arrangements found to have been made for theft of electricity, wherever feasible and such diagram shall form a part of inspection report.(vi)The report shall clearly indicate whether prima-facie a case for theft of electricity can be inferred. The report shall be signed by each member of the team and handed over to the occupant of the premises or his/her representative at site immediately under proper receipt. In case of refusal by such person 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 may be photographed. Simultaneously, the report shall be sent to such person under Registered Post/ Speed post on the same day or the next day of the inspection.(vii)The Authorized Officer of the licensee or supplier as the case may be upon detection of such theft of electricity disconnect the supply of electricity immediately. Any other officer of the licensee or supplier as the case may be of the rank higher than the rank of that of Authorized Officer may also disconnect the supply of electricity.(viii)As per the provisions of the Act the Authorized Officer of the licensee or supplier, as the case may be shall lodge a complaint in writing relating to commission of offence in police station having jurisdiction within twenty four hours from the time of disconnection of supply of electricity to the premises.(b)Provisional Assessment and Notice to the Consumer-(i)If the Assessing Officer comes to the conclusion that theft of Electricity has taken place in the premises (as defined under Section 135 of the Act), he will serve a provisional assessment order upon the person in occupation or in-charge of the premises, giving 7 days time under proper receipt for filing objections, if any, against the Provisional Assessment Order and fixing a date of hearing.The assessment shall be done as per guidelines provided in Annexure-6 (sic ?), appended to the Code.(ii)Any person served with the order of provisional assessment may accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisions assessment order upon him.(c)Hearing & Final Assessment(i)On the date of hearing, the Assessing Officer shall hear to the person in occupation or possession or in-charge of the place or premises. The Assessing Officer shall give due consideration to the facts submitted by such person and pass, within 7 working days, a speaking order. The order shall contain the brief of inspection report, submissions made by such person in his written reply and during hearing.(ii)A copy of the order shall be served to such person under proper receipt, and in case refusal to accept the order or in absence of such person, shall be served on him under Registered Post/ Speed Post. The person in occupation or possession or in charge of the place or premises shall be required to make the payment within 15 days of receipt of final assessment order.(iii)If the Assessing Officer reaches to the conclusion that the theft of electricity has taken place, the assessment shall be made 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 cannot be ascertained, such period shall be limited to a period of twelve months immediate preceding the date of inspection.(iv)The assessment under (iii) above shall be made at a rate equal to twice the tariff applicable for the relevant category of service.(v)The licensee or supplier, as the case may be on deposit or payment of the assessed amount or electricity charges in accordance with complaint as referred to in the sub clause 11.2.3(1) (viii) restore the supply line of electricity within forty eight hours of such deposit or payment.11.2.4. Compounding of Offence :(i)Section 152 of the Act, which deals with compounding of offences, shall be applicable where the State Government or any officer authorized by it in this behalf accepts from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence based on contracted load as specified in the Act.(ii)The payment of the sum of money by way of compounding can be made with the officers of the licensee or the police Inspector of Police station under whose jurisdiction the consumers premises is situated, if specifically empowered by the State Government to accept the compounding amount.(iii)After making the payments as above, and in accordance with Section 152 (1) of the Act, any person if in custody, in connection with that offence, shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court.(iv)Compounding of an offence shall be allowed only once for any consumer or person:Provided that such compounding amount shall be deposited in the State Government account by the above empowered authorities, and the licensee shall collect and retain the assessed amount, if any.11.3Measures to prevent diversion of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter.- The licensees are mandated to take following steps :(1)Arrange to provide pilfer proof meter boxes on meters of at least 20% connections every year.(2)Review the status of service lines, to ensure that it is proper and whatever required, it should be replaced to prevent theft/by passing of meter.(3)Regular inspection of premises of persons and other persons-At least 5% of total connections should be inspected annually and provisions of the Section 126 & 135 of the Act be effectively implemented.(4)Priority shall be given to detection of direct theft cases by the vigilance teams of the licensee, particularly in theft prone areas.(5)Regular monthly monitoring of consumption of high value consumer, which shall include all the HT connections and LT connections having contract demand of 25HP & above and arrange prompt inspection of doubtful cases. A system shall be evolved and put in place within 3 months and furnish the detail of such system to the Commission.(6)Work out all 33KV & 11 KV feeder wise losses in next six months for big cities of the state. Losses for all 33KV & 11 KV feeders of District Head quarter towns shall be worked out within next one year and for other areas within next 2 years. Suitable action to be taken against the concerned officers/ staff for non-compliance.(7)Ensure GIS/GPS mapping, Consumer indexing, updating and brushing off (ledgerise/regularise/update records) the consumers beginning from high loss feeders.(8)Install remote metering devices on all HT and high value LT connections on priority for the purpose of monitoring of consumption and prevention of theft of electricity.(9)Wide publicity through the media, TV and newspaper to bring awareness amongst consumers about the level of commercial losses, its implication on the honest consumers.(10)Seek the co-operation of Social and consumer groups, NGO's for prevention of theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electric lines or meter through independent agencies, and creation of such groups feeder-wise.(11)Display boards containing the provisions of penalties, fines and other information about the above at its consumer service related offices, and other important places.(12)Display feeder-wise, area-wise, circle-wise, division-wise losses, efforts made for prevention of diversion of electricity, theft or unauthorized use of electricity or tampering, distress or damage to electrical plant, electrical lines, or meter and results obtained during the year, on its website.(13)Provide requisite security force to the inspecting officers for their safety, and expenses on such account shall be pass through in annual Revenue Requirement (ARR) of the licensee.(14)Install meter of distribution transformers of the suspected area where the possibilities of theft of electricity exists and monitor the consumption of such meters with the consumption of individual consumer *meters (sic ?) connected to the distribution transformer and inspect the abnormalities.(15)Replace overhead bare conductors with cables in theft prone areas, wherever necessary, to prevent theft by *direct hooking (sic ?) with the licensees lines and expenditure on this account shall be a pass through *in the (ARR) of (sic ?) the licensee.(16)Provide HV distribution system (LT less system) in theft prone areas using small capacity distribution transformer, wherever necessary, to prevent theft by direct hooking and expenditure on this account shall be a pass through in the ARR of the licensee.(17)Relocate the meters of existing consumers to an appropriate location so that it is outside the premises but within the boundary wall and easily accessible for reading, inspection/testing and other related works. In doubtful cases and where continuous vigil is not possible, install meter for such connection on its poles/ feeders pillars with display unit at consumer premises. The consumption recorded in consumer meters should be reconciled with the reading of meter installed at concerned power stations.(18)Ensure that meter readers are rotated in such a manner that their area of meter reading is changed at least once in six months.(19)Maintain list of cases where theft of electricity has been detected clearly indicating the case where first offence or subsequent offence(s) of the theft has been detected. Action as per provision of the Act to be taken.(20)Monitor case of theft and submission of abstract report to the Commission in respect of recovery of assessment amount and bills.
