Act Number: 36

Act Name: The Electricity Act, 2003

Year: 2003

Enactment Date: 2003-05-26

Long Title: An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.

Ministry: Ministry of Power

Department:

Section 126: Assessment.
    (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 unauthorised use of electricity, he shall provisionally assess to the best of his judgment 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.
     1 [(3) The person, on whom an order 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 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:
     2 *                             *                             *                             *                             *
     3 [(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 4 [twice] 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
             5 [(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 authorised.]
Notes:
1. Subs. by Act 26 of 2007, s. 11, for sub-section (3) (w.e.f. 15-6-2007).
2. The proviso omitted by Act 26 of 2007, s. 11 (w.e.f. 15-6-2007).
3. Subs. by s. 11, ibid., for sub-section (5) (w.e.f. 15-6-2007).
4. Subs. by s. 11, ibid., for "one-and-half times" (w.e.f. 15-6-2007).
5. Subs. by s. 11, ibid., for sub-clause (iv) (w.e.f. 15-6-2007).
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