Section 0(11) in Bihar Electricity Supply Code, 2007
11.1Procedure 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.
