Section 40 in The Orissa State Electricity Board (General Conditions of Supply) Regulations, 1995
40. Penalty.
(a)On detection of such unauthorised use, sale, diversion, dishonest abstraction, transfer or theft of power, the quantum of unauthorised consumption shall be determined by the same ratio as the unauthorised load stands to the authorised load.(b)On assessment of quantum of unauthorised consumption, the period of such unauthorised consumption shall be determined on the basis of the evidence adduced by the consumer. On failure of the Consumer to prove the aforesaid satisfactorily, the Engineer concerned shall levy penalty calculated for a period of one year prior to the date of detection; provided that if the initial date of supply is less than a year from the date of the detection, penalty has to be calculated accordingly for the reduced period only,(c)The penalty for unauthorised use shall be calculated at double the rate of tariff applicable to the particular category of consumer, in respect of the unauthorised use.(d)The demand charges payable under two part tariff shall be as follows :(i)80% of the contract demand or the maximum demand recorded during the relevant period whichever is higher expressed in KVA and multiplied by the normal rate of tariff applicable (A).(ii)Unauthorised connected load expressed in KVA multiplied by double the rate of tariff applicable (B).The demand charges payable will be (A) + (B).(e)In addition to the other powers available under law and/or these Regulations any consumer unauthorisedly assigning the benefits under the agreement in favour of another or re-selling or diverting or transferring the same or committing unauthorised abstraction of power, shall be liable for disconnection of supply after a notice calling for his explanation within 7 days and after considering the causes shown, if any, by him.
