Post on 24-Apr-2020
transcript
Legal Empowerment of
distribution utilities to control
power theft
Avinash Nair (HOD-EAC)
08.09.2017
Acknowledgement
2
Section-135 (THEFT of Electricity)
Section-153 (Constitution of Special Courts)
Section-154 (Procedure and Power of Special Court)
Section-163 (Power for licensee to Enter Premises)
Judgments on issue of Theft of Electricity
Major Changes in new DERC Supply Code-2017
Section-135 (THEFT of Electricity)
3
THEFT OF ENERGY:
Section 135(1) of Electricity Act, 2003 as amended by Electricity (amendment) Act, 2007, Theft of electricity is defined as, whoever dishonestly,
a) Taps:
- overhead
- underground
b) Tampers meter:
- usage of tampered meter
- current reversing transformer
- loop connection
- other device interferes with accurate/proper registration.
c) Other device/method result in a manner whereby:
- electricity is stolen
- damages/destroys an electric meter/ apparatus/equipment/wire/ cause
d) Uses electricity through a tampered meter
e) Uses electricity for purposes other than that which was authorized.
Section-135 (THEFT of Electricity)
4
Provisions of the Electricity Act 2003:
As per sec 135 of the above Act
1.Provisional assessment is made.
2.Consumer is advised to pay the same.
3.Consumer can pay the provisional assessment immediately underprotest and can seek restoration of supply.
4.Licensee on deposit/payment of the assessed amount restores thesupply
within 48hrs.
5.The occupant/any person on his behalf remain present during thesearch.
6.List of all things seized during the search should be prepared andissued to the occupant who shall sign the list.
7.No search/inspection and seizure of any domestic place or premisesshould be conducted between sunset and sunrise except in thepresence of an adult male member occupying such premises.
8.The provisions of the Code of Criminal Procedure 1973(2 of 1974)relating to search and seizure shall apply in this regard.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY
5
Regulation 52: List of Authorized officers to be
published prominently in all district office and photo ID
card (clearly indicate that the officer is being authorized
officer as per Section 135 of EA) shall be issued to them.
Inspection can be done suo moto or on receipt of reliable
information.
The inspection team shall carry photo ID Card (to be
shown) and visiting cards to be handed over to the
consumer.
Report shall be prepared by authorized officers as per
format provided. Sufficient evidence has to be recorded.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY
6
No 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.
Authorized officers
7
As per the Electricity Act, 2003, the authorized officer is to be designated bythe State Government.
In pursuance to above, GoNCTD vide its notification dated 12.09.2007 hasdesignated technical officers of DISCOMs as the authorized officers underclause (a), (b), (c) of sub section (2) of Section 135 of the Electricity Act,2003 as under:-
1) The technical officials of the level of graduate engineers and working inthe post of officers and above, in the Departments dealing withdistribution (District/Zones), commercial and enforcement functions inBSES Yamuna Power Limited, BSES Rajdhani Power Ltd. and NorthDelhi Power Limited, as ‘Authorised Officers’ for the purpose of clause (a)of sub-section (2) of Section 135 of the said Act, in the respective areas ofthe said companies in the National Capital Territory of Delhi.
Any officer authorized in this behalf may -enter, inspect,break open and search any place or premises in which hehas reason to believe that electricity has been, is being, or islikely to be, used unauthorisedly;
Authorized officers
8
2) The technical officials not below the rank of Asstt. Engineer/Asstt.
Manger and above working in the Departments dealing with distribution
(District/Zones), commercial and enforcement functions in BSES
Yamuna Power Limited, BSES Rajdhani Power Limited and North Delhi
Power Limited, as ‘Authorised Officers’ for the purpose of clauses (a)
and (b) of sub-section (2) of section 135 of the aforesaid Act, in the
respective areas of the said companies in the National Capital Territory
of Delhi.
Any officer authorized in this behalf may search, seize and remove
all such devices, instruments, wires and any other facilitator or
article which has been, is being, or is likely to be, used for
unauthorized use of electricity;
Authorized officers
9
3) The technical officials not below the rank of Executive
Engineer/Manager and above working in the Departments dealing with
distribution (District/Zones), commercial and enforcement functions in
BSES Yamuna Power Limited, BSES Rajdhani Power Limited and
North Delhi Power Limited, as ‘Authorised Officers’ for the purpose of
clauses (a), (b) and (c) of sub-section (2) of Section 135 of the
aforesaid Act, in the respective areas of the said companies in the
National Capital Territory of Delhi.
Any officer authorized in this behalf may examine or seize any
books of account or documents which in his opinion shall be
useful for or relevant to, any proceedings in respect of the
offence under sub-section (1) and allow the person from whose
custody such books of account or documents are seized to
make copies thereof or take extracts therefrom in his presence.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY (DT)
10
If evidence establishes Direct Theft then disconnection
shall be effected and all material evidence shall be
seized.
Case shall be filed within 2 days of DOI.
Copy of filing shall be served upon on the consumer
(accused) under proper receipt within 2 days. The
assessment bill (12X2) shall be raised and served upon
the consumer under proper receipt.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY (suspected theft)
11
In case of suspected theft - old meter be removed
under a seizure memo and be sealed in presence of
consumer - supply shall be restored with a new meter
Old meter shall be tested in NABL accredited
laboratory (Notified by commission) and test report in
writing along with photographs/video graphs shall
constitute evidence.
The authorized officer shall record reasons to suspect
theft in his report.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY (suspected theft)
12
Report shall be signed by authorized officer and allmembers and has to be handed over to consumer at siteimmediately under proper receipt
In case of refusal IR be pasted at a conspicuous placein/outside the premises and photographed.Simultaneously, the report shall be sent to the consumerunder Registered Post.
In case CP for last one year is reasonably uniform andnot less than 75% of the assessed consumption - nofurther proceedings - communication of same toconsumer within 3 days - restoration through originalmeter.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY (suspected theft)
13
If on detail examination of evidence and CP if a prima-faciecase of dishonest abstraction of energy is made out thenlicensee shall within 7 days of inspection serve on theconsumer a 7 days show cause notice giving reasons and fulldetails and point, on which reply is to be submitted.
The notice shall clearly indicate the time, date, place,designation of the person to whom reply is to be addressedand submitted there to.
SCN not served even after 30 days from DOI- suspectedtheft shall be considered as dropped.
Theft will not only limited to interference with the meter butshall also include any mode causing interference with theaccuracy of reading e.g. remote control, high voltage injection,etc.
PROCEDURE FOR BOOKING A CASE FOR THEFT OF
ELECTRICITY (suspected theft)
14
Theft of electricity may be established by analysis of
metering data downloaded by a third party authorized
laboratory.
In case theft of energy is determined by way of meter
down load, the show cause notice will be sent to the
consumer/user.
PERSONAL HEARING IN CASE OF SUSPECTED THEFT
15
After submission of reply - within 4 days personal hearingshall be arranged - if consumer fails to appear secondopportunity be given and if he fails again, he shall beproceeded ex-parte.
During PH every point submitted by consumer shall beconsidered and speaking order has to be passed within 3days whether theft is established or not. Speaking order shallcontain brief of inspection report, written and oral submissionof consumer and reason for acceptance or rejection of thesame.
If no theft established - restoration through original meter.
Where theft established assessment bill is to be raised on12X2 basis and the same be served upon the consumerunder proper receipt.
PERSONAL HEARING IN CASE OF SUSPECTED THEFT
16
Payment by consumer shall be done within 7 days of
receipt of the bill – on consideration of financial position
last date of payment could be extended/installment could
be approved, and the same must be stated in the
speaking order.
DEFAULT IN PAYMENT OF ASSESSED AMOUNT OR
INSTALLMENTS THEREOF
17
Regulation 54. In case of default in payment of the
assessed amount, the Licensee will, after giving a fifteen
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. Disconnection of supply,
however, can only be done after getting an order from
the Special Court.
18
19
20
Section-153 (Constitution of Special Courts)
21
The State Government may, for the purposes of providing
speedy trial of offences referred to in sections 135 to 139,
by notification in the Official Gazette, constitute as many
Special Courts as may be necessary for such area or
areas.
A Special Court shall consist of a single Judge who shall be
appointed by the State Government with the concurrence
of the High Court.
Section-154 (Procedure and Power of Special Court)
22
The Special Court may determine the civil liability against a
consumer or a person in terms of money for theft of energy
which shall not be less than an amount equivalent to two
times of the tariff rate applicable for a period of twelve
months preceding the date of detection of theft of energy or
the exact period of theft if determined which ever is less
and the amount of civil liability so determined shall be
recovered as if it were a decree of civil court.
Section-163 (Power for licensee to enter Premises)
23
Power for licensee to enter premises and to remove fittings or other apparatusof
licensee.
(1) A licensee or any person duly authorized by a license may, at anyreasonable time, and on informing the occupier of his intention, enter anypremises to which electricity is, or has been, supplied by him, of any premisesor land, under, over, along, across, in or upon which the electric supply-lines orother works have been lawfully placed by him for the purpose of –
(a) inspecting, testing, repairing or altering the electric supply lines, meters,fittings, works and apparatus for the supply of electricity belonging to thelicensee; or
(b) ascertaining the amount of electricity supplied or the electrical quantitycontained in the supply; or
(c) removing where a supply of electricity is no longer required, or where thelicensee is authorized to take away and cut off such supply, any electricsupply-lines, meters, fittings, works or apparatus belonging to the licensee.
Section-163 (Power for licensee to enter Premises)
24
(2) A licensee or any person authorized as aforesaid may also, in pursuance
of a special order in this behalf made by an Executive Magistrate and after
giving not less than twenty-four hours notice in writing to the occupier, -
(a) enter any premises or land referred to in sub-section (1) for any of the
purposes mentioned therein;
(b) enter any premises to which electricity is to be supplied by him, for the
purpose of examining and testing the electric wires fittings, works and
apparatus for the use of electricity belonging to the consumer.
(3) Where a consumer refuses to allow a licensee or any person authorized
as aforesaid to enter his premises or land in pursuance of the provisions of
sub-section (1) or, sub-section (2), when such licensee or person has so
entered, refuses to allow him to perform any act which he is authorized by
those subsections to perform, or fails to give reasonable facilities for such
entry or performance, the licensee may, after the expiry of twenty-four hours
from the service of a notice in writing on the consumer, cut off the supply to
the consumer for so long as such refusal or failure continues, but for no
longer.
25
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
JAGMODHAN MEHATAB
SING V/S M.S.E.B
Supreme court has passed several stringent
directions against theft of electricity; pursuant to
this judgment, amendments in Section 135 of EA
2003 was carried out.
MOHD. SALIM V/S STATE
(Delhi High Court)
Hon’ble High Court of Delhi held that monetary
condition may be imposed as condition precedent
for grant of bail
NDPL V/S PRABHAT
KUMAR
Hon’ble Special Court held that accused be
awarded simple imprisonment of 8 months and
Rs.1.50 Lakhs to be paid towards civil liability in a
case where theft of electricity was alleged and
assessment bill of Rs.1,64,379/-
26
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
JHARKHAND STATE
ELECTRICITY BOARD VS
ANWAR ALI (National
Commission)
“Jurisdiction of Fora – Electricity dispute –
Electricity Act and Consumer Protection Act runs
parallel regarding limited purpose in respect of
arbitrary, illegal, unjustified action against rules and
regulations of electricity code-Jurisdiction of Fora
cannot be curtailed in absence of express
provisions
Consumer Fora Lacks jurisdiction once the case
becomes subjudice before Special Court.
27
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
SUBHASH KAKKAR V/S
STATE
Hon’ble High Court of Delhi has held that user can
be summoned as additional accused
MUKESH RASTOGI V/S
NDPL
Lapses in retaining/producing the wires through
which electricity was stolen, cannot absolve the
accused, if the same is proved otherwise.
The theft of electricity cannot be termed as “non-
crime” for want of valid inspection i.e. inspection
not conducted/supervised by Authorized officer.
DVB V/S DEVINDER
SINGH
B.S.E.S V/S NEERAJ
KUMAR
CDRF/ State commission lacks jurisdiction to
entertain FAE/theft cases.
28
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
BIMLA GUPTA & ANR V/S
STATE & ANR
Hon’ble High Court of Delhi upheld the discoms
power to lodge FIR
RAJINDER V/S BSES
RAJDHANI
Hon’ble High Court of Delhi held that there may
not any bar for filing the complaint subsequent to
lodging of FIR
29
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
NDPL V/S PRABHAT
KUMAR
Hon’ble Special Court held that accused be
awarded simple imprisonment of 18 months and
Rs.1.50 Lakhs to be paid towards civil liability in a
case where theft of electricity was alleged and
assessment bill of Rs.1,64,379/-
NDPL V/S SUNIL Hon’ble Special Court held that accused be
awarded simple imprisonment of 2 years and Rs.3
Lakhs to be paid towards civil liability in a case
where theft of electricity was alleged and
assessment bill of Rs.3,20,186/-
30
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
SOHAN LAL VS NDPL
113 (2004) DLT 547
No provision in central Enactment being Act,2003
in respect of assessment in case of theft:
Regulations 25 & 26 provide complete scheme:
Tariff schedule for 2003-2004 come into effect
from 4.7.2003 as made under regulations Formula
6 x 5 provided in the regulations themselves in
case of theft: This formula applicable in case of
theft, covered under section 135 of the E.Act:
Mere fact that section 135 of the Act also provides
certain consequences of prosecution cannot imply
more severe civil liability would not arise: for
certain consequences: Discom Assessment –theft
of electricity- Section 135, 126 -6x5 formula
applicable in the cases of theft
31
IMPORTANT JUDGEMENTS
JUDGMENT ISSUES INVOLVED/ DECIDED
Jai Dev Sharma Vs
BSES
140 (2007) DLT 111
Section 126,135- DAE- - Inspection report –
Challenge against – Inspection done by assessing
officer who was of rank and designation permitted
by Notification - It hardly matters if team that
carried out inspection comprised officer below
rank or even rank mentioned in notification – Mere
facts meter has been in place for 25 years does
not rule out possibility of it being tampered – on
inspection meter seals found tempered –
consumption pattern also supports same. Petition
Dismissed.
Major Changes in new DERC Supply Code-2017
32
Regulation 64 (3) (Suspected Theft) – No provision of
Personal Hearing to the consumers.
Regulation 63 (4) – “ While making the assessment bill,
the Licensee shall give credit to the consumer for the
electricity units already paid by the consumer for the
period of the assessment bill. “
Recovery of Arrears 42 - Reflection of EAC bills as
arrear in the regular bill.
Thank You