Bare ActsKerala Electricity Supply Code, 2014

Section 155

Provisional assessment under Section 126 of the Act.--

Amendment status not verified — confirm the current text below against the official source.

(1) The assessment of amount for unauthorised use of electricity under Section 126 of the Act shall be done in accordance with the procedure specified in the following sub-regulations. [(2) The assessing officer /officers of and above the rank of sub - engineer of the licensee having jurisdiction in the area may inspect the premises of the consumer or inspect the equipments, gadgets, machine and devices found connected to the system and used or inspect the records maintained by the consumer or by any other person before initiating proceedings by the assessing officer for provisional assessment.] (3) The provisional assessment shall be made by the Assessing Officer only if he comes to the conclusion after such inspection that the consumer is or has been indulging in unauthorised use of electricity. (4) The Assessing Officer shall make such provisional assessment based on the best of his judgment which is reasonable in the given circumstances and is based on all available evidence and records. (5) The order of provisional assessment shall be issued by the Assessing Officer under his hand and seal. (6) An order of provisional assessment comprising the electricity charges payable by the consumer or such person benefited by the unauthorised use shall be prepared by the Assessing Officer as per Section 126 of the Electricity Act at a rate which is two times the tariff rate applicable for the purpose for which electricity is found to be used without authorisation. (7) If the period of unauthorised use of electricity can be conclusively established, the assessment shall be done for the entire period for which the unauthorised use was taking place and if the period of such unauthorised use is not known or cannot be conclusively established, the period of assessment shall be limited to twelve months immediately preceding the date of inspection. (8) For assessing the period of unauthorised use of electricity the following factors or any other evidence may be given due consideration: (i) actual period from the date of commencement of supply to the date of inspection; (ii) actual period from the date of replacement of component of metering system in which the evidence is detected to the date of inspection; (iii) actual period from the date of previous checking of installation to date of inspection; (iv) data recorded in the energy meter memory wherever available. (9) The provisional assessment order describing the reason and basis of the assessment along with detailed calculation sheet shall be issued to the consumer or occupier of the premises soon after the inspection, preferably within two working days from the date of inspection: Provided that the Assessing Officer may take a further period of three working days for availing special technical assistance, if any required, for the provisional assessment. (10) It shall be expressly mentioned in the order of provisional assessment that the consumer is entitled to file objection, if any, as per sub-section (3) of Section 126 of the Act and such objections shall be filed within seven days of receipt of the order of provisional assessment, failing which the provisional assessment shall become final. [(11) It shall also be mentioned in the provisional assessment order that, if consumer does not wish to challenge the provisional assessment, he may accept such assessment and pay the assessed amount to the licensee within seven days of service of provisional assessment order as per sub-section (4) of Section 126 of the Act.] [x x x x] (13) In case the consumer does not file any objection and fails to make payment of the assessed amount within the due date, a disconnection notice providing a notice period of fifteen clear days shall be issued and disconnection shall be effected accordingly. Susbstituted by Kerala Electricity Supply (Amendment) Code, 2020 published in K. G. Ext. No. 1504 dt. 19/06/2020. Omitted by Kerala Electricity Supply (Amendment) Code, 2020 published in K. G. Ext. No. 1504 dt. 19/06/2020.

Section 155 – Kerala Electricity Supply Code, 2014 | DailyLaw.ai