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State of Jharkhand - Section

Section 11 in Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015

11. Theft and Unauthorised Use of Electricity.

- Theft of Electricity
11.1Whenever a case of theft of energy is detected, the Authorised 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
11.2The Distribution Licensee shall publish the list of the Authorised Officers prominently in all the Offices and the Photo Identity Card issued to such officers shall indicate so.
11.3An Authorised Officer, suo motu or on receipt of reliable information regarding theft of electricity shall promptly conduct inspection of such premises.
11.4The inspection team of the Distribution Licensee or supplier, headed by such Authorised Officer shall carry along with them their Photo Identity Cards. Photo Identity Card should be shown to the consumer/consumer representative before entering the premises. Photo Identity Card of the Authorised Officer shall clearly indicate that he has been nominated as Authorised Officer as per provisions of Section 135 of the Act.
11.5The 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).
11.6The 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.
11.7No 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.
11.8In 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 24 hours from the time of such disconnection. The Authorised Officer of the Distribution Licensee or Supplier shall within 2 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.
11.9The Authorised Officer shall assess the energy consumption as per the assessment formula given in Annexure 19 to these Regulations, for the entire period during which such theft of electricity has taken place. If, however, the period during which such theft of electricity has taken place can not be ascertained, such period shall be limited to 12 months immediately preceding the date of inspection. The period of assessment may be arrived at after taking into consideration the following guidelines or any combination thereof or any other evidence which may be provided by the consumer:
(a)Actual period from the date of commencement of supply to the date of detection of theft;
(b)Actual period from the date of replacement of component of metering system in which the evidence is detected to the date of detection of theft;
(c)Actual period from the date of previous checking of installation to date of detection of theft;
(d)Meter Reading Instrument (MRI) data or Remote Meter Reading data should be considered wherever available.
11.10After establishing the duration period of theft, the Authorised Officer shall prepare an assessment order on applicable tariff as per the Electricity (Amendment) Act, 2007 and any subsequent amendments, and serve on the person under proper receipt.
11.11In 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 Distribution Licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer.
11.12In 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 or his authorised representative and the Authorised Officer and the consumer have to sign on the seal borne on the meter. The Distribution 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 the Distribution Licensee's testing lab which shall give a test report, in writing, which along with photographs / videographs shall constitute evidence thereof. The Authorised Officer shall record reasons to suspect theft in the premises in his report:Provided that if consumer insists, the testing of the meter will be carried out at a third party facility approved by the Commission.
11.13The report shall be signed by the Authorised 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 authorised representative to either accept or give a receipt, a copy of the 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.
11.14After detailed examination of the evidence and the consumption pattern of the consumer, if the Distribution 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 Distribution Licensee or supplier shall, within 7 days of inspection, serve a provisional assessment order assessed as per clause 11.24 of these Regulations along with 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.
11.15In case a show-cause notice is not served even after 30 days from date of inspection by the Distribution Licensee or supplier, the case of suspected theft shall be considered as dropped and no further action can be initiated against the consumer.
11.16Theft 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 downloaded 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 11.24 of these Regulations along with 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.
11.17The person, on whom an order has been served under clauses 11.14 and 11.15 of these Regulations, shall be entitled to file objections, if any, against the provisional assessment before the Authorised Officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment.
11.18Submission of consumer's reply. - The consumer shall submit his/ her reply within 15 days of receipt of show cause notice to the concerned officer mentioned in clauses 11.14 and 11.16 of these Regulations. 11.19 In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clauses 11.20 and 11.21 of these Regulations.
11.20Hearing in case of suspected theft. - Within 5 days from the date of submission of consumer's reply, the Distribution 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 Distribution Licensee may proceed against the consumer.
11.21During the hearing, the Authorised Officer shall give due consideration to the facts submitted by the consumer and pass, within 5 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.
11.22In all cases where theft of electricity has been detected, the Distribution 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.
11.23In 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.
11.24Assessment. - 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.
11.25Where it is established that there is a case of theft of energy based on the consumer's reply/hearing, the Authorised Officer shall assess the energy consumption as per the assessment formula given in Annexure 19 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 months immediately preceding the date of inspection and prepare an assessment order on applicable tariff as per the Electricity (Amendment) Act, 2007 and any subsequent amendments, and serve on the person under proper receipt.
11.26In 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 Distribution Licensee to the person during the period, for which the assessment is made, shall be duly credited to the consumer.
11.27The consumer shall be required to make the payment within 7 days of its proper receipt.
11.28The Distribution 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 (1A) of Section 135 of the Electricity (Amendment) Act, 2007, restore the supply line of electricity within forty eight hours of such deposit or payment.
11.29If the person does not make payment within the stipulated time, the Distribution Licensee or supplier shall proceed to recover its dues against the assessment order.
11.30In all cases where theft of electricity has been detected, the Distribution 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.
11.31In 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.
11.32Default in payment of assessed amount or instalments thereof. - In case of default in payment of the assessed amount, the Distribution Licensee will, after giving a 15 days' notice, in writing, file a case against the consumer in the designated Special Court as per the provisions of Section 135 of the Act.
11.33Voluntary declaration of tampered meters. - In case a consumer comes forward and voluntarily declares tampering of meter and/or seals:
(a)The tampered meter shall be replaced with a new meter by the Distribution Licensee at the consumer's cost or by the consumer, as the case may be, immediately and the Distribution Licensee shall raise the assessment bill at two times the normal tariff for the period of last six months reckoned from date of declaration.
(b)The energy bill, for the period the meter is not replaced, shall be sent as per the procedure for defective meters.
(c)The Distribution Licensee shall not move the Special Court in case a consumer voluntarily declares the tampered meter and pays the requisite charges in time.
(d)In case of default in payment, the procedure for booking the theft case may be followed.
Unauthorised Use of Electricity (UUE)Procedure for booking a case for Unauthorised Use of Electricity
11.34The Distribution 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.
11.35An Assessing Officer, suo motu or on receipt of reliable information regarding unauthorised use of electricity shall promptly conduct inspection of such premises and shall be present at the time of conducting inspection of such premises.
11.36The inspection team of the Distribution 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.
11.37The 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 unauthorised use of electricity).
11.38The report shall clearly indicate whether sufficient evidence substantiating the fact that unauthorised 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.
11.39The 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.
11.40Within 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 unauthorised use of electricity has taken place, no further action will be taken.Notice to consumer.
11.41- If the Assessing Officer suspects that the unauthorised use of electricity has taken place, he shall serve a provisional assessment order assessed as per clauses 11.50 and 11.51 of these Regulations along with show cause notice to the consumer, giving reasons as to why a case of unauthorised 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.
11.42The person, on whom an order has been served under clause 11.41 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.
11.43If the provisional assessment amount is deposited within 7 days of serving such provisional assessment order on the consumer, reply to the notice shall not be necessary.Submission of consumer's reply
11.44The consumer shall submit his reply within 15 days of receipt of show cause notice to the concerned officer mentioned in clause 11.41 of these Regulations.
11.45In such cases where the consumer files objections against the provisional assessment order, the process of hearing shall be as per clauses 11.46 and 11.47 of these Regulations.Hearing in case of suspected unauthorised use of electricity.
11.46Within 5 days from the date of submission of consumer's reply, the Distribution Licensee shall arrange a hearing with the consumer.
11.47During the hearing, the Assessing Officer shall give due consideration to the facts submitted by the consumer and pass, within 5 working days, a speaking order as to whether the case of unauthorised 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.
11.48- In cases where unauthorised use of electricity is not established based on consumer's reply submission/hearing, further proceedings shall be discontinued and case of unauthorised use of electricity shall be dropped immediately.
11.49Where it is established that there is a case of unauthorised use of electricity based on consumer's reply submission/hearing, the Assessing Officer shall assess the energy consumption taking into consideration the following:
11.50The 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 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 12 months immediately preceding the date of inspection.
(b)Assessment charge: The assessment for units assessed as per clause 11.51 of these Regulations shall be done on the basis of applicable tariff and in accordance with the Electricity (Amendment) Act, 2007 and any subsequent amendments, 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 unauthorised use of electricity, the charges payable by the consumer in respect of each such unauthorised use shall be separately assessed and billed accordingly.
11.51The methodology for assessment of consumption for unauthorised 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 11.50 (a) of these RegulationsProvided the meter has been in working condition for at least 9 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 of Annexure 19 to these Regulations.
11.52The final assessment order shall be served on the consumer under proper receipt. The consumer shall be required to make the payment within 7 days of its proper receipt. A copy of the speaking order shall also be handed over to the consumer under proper receipt.
11.53The 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.
11.54Any person served with the order of final assessment, may, accept such assessment and deposit the assessed amount with the Distribution Licensee within 7 days of service of assessment order upon him.
11.55In case of non-payment of bill amount within 7 days of serving the final assessment order, the connection will be disconnected by serving a 15 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.
11.56When 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 30 days from the date of order of assessment, an amount of interest at the rate of 16% per annum compounded every 6 months.Appeal to Appellate Authority.
11.57- Any person aggrieved by the final order served by the Assessing Officer may, within thirty (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 State Commission, to an Appellate Authority.
11.58No appeal against an order of assessment under section 11.57 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 Distribution Licensee and documentary evidence of such deposit has been enclosed along with the appeal.
11.59The Appellate Authority will dispose of the appeal after hearing the parties and pass appropriate order within 90 days of appeal being admitted 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.
11.60The consumer will be served with a revised bill as per final order of the Appellate Authority to be paid in 7 days.
11.61If a consumer defaults in making the payment within 7 days of serving the final order of the Appellate Authority, the connection will be disconnected after serving a 15 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.
11.62An 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 6 months as per section 127(6) of the Act.
11.63In case the Appellate Authority holds that no case of unauthorised use of electricity is established, no further proceedings will be initiated by the Distribution Licensee and the amount deposited by the appellant shall be refunded along with interest at the rate of 16% per annum compounded every six months for the period from the date of deposit till the amount recovered is adjusted through adjustment in the electricity bills of the immediately succeeding months. The appellant may also opt for cash refund of the amount deposited by the appellant along with interest at the rate of 16 percent per annum compounded every six months, till payment of such amount is made by the Distribution Licensee.
11.64In case the amount payable as determined by the appellate authority is less than the amount already deposited by the person, the excess amount will be refunded by adjustment in the bills of the immediately succeeding months along with interest at the rate of 16% per annum compounded every six months from the date of such excess deposit till the date of actual adjustment.