(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.
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[(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:
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* * * * *
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[(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
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[(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).