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SECTION – VIII
UN-AUTHORISED USE OR THEFT OF ENERGY

INSTRUCTION NO. 8.1

Instructions for dealing with the cases of theft of Electricity.

In order to comply with the provisions under Sections-135 & 152
of the Electricity Act-2003 (central Act 36 of 2003) the Terms and
Conditions of supply Stand amended as under with immediate effect.
Theft of Electricity:
A person shall be guilty of an act of theft of electricity if he
dishonesty :-
(a) taps, makes or causes to be made any connection with
overhead, under water lines or cables, or service wires,
or service facilities of a licensee; or
(b) tampers a meter, installs or uses a tampered meter,
current reversing transformer, loop connection or any
other device or method which interferes with accurate or
proper registration, calibration or metering of electric
current or otherwise results in a manner whereby
electricity is stolen or wasted; or
(c) damages or destroys an electric meter, apparatus,
equipment, or wire or causes or allows any of them to be
so damaged or destroyed as to interfere with the proper
or accurate metering of electricity.
so as to abstract or consume or use electricity.
Provided further if it is proved that any artificial means or
means not authorized by Nigam or licensee exists for abstraction,
consumption or use of electricity by him, it shall be presumed until
contrary is proved that any abstraction, consumption or use of
electricity has been dishonestly caused by such person.
(II) Access to the premises:
1. As per provisions contained in Section- 135 (2) of The
Electricity Act-2003, any officer of Nigam authorized in this
behalf under condition (IV) and accompanied by such other
employee(s) of the Nigam as he may take with him for the
purpose, may enter, inspect, break open and search any place
or premises and check the meter, its body seals, apparatus,
circuits or installation through which energy is supplied or is
being supplied or is being consumed, used or drawn, where
there is reason to believe that electricity has been, is being
drawn dishonestly.
2. Such authorized officer may search, seize and remove all such
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devices, instruments, wires and any other facilitator or article
which has been/is being used for theft of electricity.
3. Such authorized officer may examine or seize any book of
account or documents which in his opinion shall be useful for or
relevant to, any proceedings in respect of theft of energy and
allow the person from whose custody such books of account or
documents are seized to make copies thereof or take extracts
there from in his presence.
4. Any occupant of the place of search or any person on his behalf
shall remain present during the search and the inspecting
officer shall prepare a memorandum of inspection (recording
therein the date, time and fact of entry and inspection) and
seizure (containing a list of all things seized). The memorandum
of inspection and seizure shall also be signed by the person so
present and the authorized officer shall hand over a copy of the
memorandum of inspection and seizure to such person present
on behalf of him. In case of refusal to sign and/or acceptance of
the memorandum by the consumer or the person present, the
authorized officer shall record the facts on the memorandum
and shall get pasted the same on the premises of the search in
presence of two witnesses. The memorandum then shall be
considered as served.
5. On reasonable apprehension of theft or when theft is actually
committed then no notice for disconnection is required to be
given, the supply shall be disconnected forthwith. Nigam shall
not be responsible for any loss or inconvenience caused to
consumer by this.
6. The inspection of the meter made by the person authorized for
reading the meter or Meter Reader as the case may be
including AE/AEE/JEs or any other employee of the Nigam for
the purpose of recording of meter reading for consumption shall
not be deemed to be inspection of the installation of the
consumer for the purpose of this clause as a detailed
examination of the meter, its seals and its component parts is
generally not made by such a person while reading the meter.
(III) Restoration of supply.
Where on an inspection made under condition (II), the
authorized officer is of the view that the consumer has been making
theft of electricity, the authorized officer shall take the following
actions :-
(a) On seizure of the offending devices, instruments, wires etc. as
provided for in clause (II) (2), the connection of the person
involved in dishonest use of electricity shall automatically stand
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disconnected.
(b) The service of a consumer disconnected under condition
mentioned above for the act of dishonest use of electricity shall
be reconnected upon payment by the consumer of 100% of
amount levied for such theft of electricity.
Provided that the compounding of offence for theft of electricity
can be allowed once only. For any subsequent offence of theft
of electricity restoration/non-restoration of supply would depend
upon decision given by court of competent jurisdiction.
Provided further that the service of a person who is not a
consumer of the Nigam shall not be restored and the payment
of amount levied on account of theft of electricity shall not
entitle such person to be a consumer of Nigam on such
payment.
(IV) Authorized Officer
The officers mentioned in the table given below are authorized
for the various purposes specified therein:

Category of Officers authorized to enter Officers authorized to

consumer the premises & inspect make assessment for
installation compounding of
offence.
1 2 3
Domestic 1. AFM authorized by
Non- concerned SE ‘OP’ S.D.O. (OP)
Domestic 2. J. E.(Field)
Agriculture 3. J.E. (Vigilance)/ M&P
L.T. Industrial
Supply
H.T. Industrial
Supply (i) Sub Divisional Officer
Bulk Supply (SDO) Operation
Public (ii) Assistant Engineer
Lighting and Vigilance/ Metering and
rest of the Protection.
Categories
Note :- Officers senior in rank and having jurisdiction in concerned
area shall also have the powers mentioned in Column 2
above.

(V) Compounding for theft of electricity under Section 152 of

Electricity Act-2003:
If on an inspection of any place or premises or after inspection
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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 theft of electricity, he shall calculate the amount required for
compounding of offence in accordance with table given below:-
TABLE
Nature of Service Rate at which the sum of money for
compounding to be collected per
Kilowatt (kW)/Horse Power (HP) or
part thereof for Low Tension (LT)
supply and per Kilo Volt Ampere (kVA)
of contracted demand for High
Tension (HT).
(1) (2)
1. Industrial Service Twenty thousand rupees;
2. Commercial Service Ten thousand rupees;
3. Agricultural Service Two thousand rupees;
4. Other Services Four thousand rupees;

In case of
a) Supply used for tube wells for agriculture purposes, the
assessment on account of theft of electricity shall be
made on the basis of sanctioned BHP or connected BHP
found at the time of checking, whichever is higher.
b) LT Supply, the assessment on account of theft of
electricity shall be made on the basis of sanctioned load
in kW or load detected at the time of checking or
maximum load recorded in the meter during last six
months, whichever is higher.
c) HT supply, the assessment on account of theft of
electricity shall be made on the basis of sanctioned kVA,
or load detected at the time of checking, or maximum
kVA recorded in the meter during last six months,
whichever is higher.
For purpose of conversion, kW to kVA, PF has to be
taken as 0.9.
d) FIR shall be lodged immediately against the person and
the compounding of offence of theft of electricity shall be
allowed once only. For any subsequent offence, no
compounding shall be allowed.
(VI) Intimation of amount levied on account of theft of
electricity for compounding of offence.
1. The authorized officer shall serve upon the consumer or
the person in occupation or possession or Incharge of
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the place or premises with intimation of amount levied on
account of theft of electricity made under condition (V),
in the form prescribed in Annexure-1.
2. Such notice shall contain and indicate:-
(a) The matter relating to the inspection carried out
by the authorized officer indicating therein date
and timings etc.
(b) The matter relating to an act of theft of electricity
detected by the authorized officer during
inspection of the installation/equipment in the
premises of the person; and
(c) Informing the compounding amount payable by
the person to the Nigam on account of theft of
electricity
(d) Informing to pay 100% of the compounding
amount to restore supply in case his supply was
disconnected by the authorized officer.
(VII) Amount levied on account of theft of electricity recoverable
as arrear of electricity Consumption charges.
The amount due from the person as a result of the proceedings
under these conditions shall be deemed to be arrears of electricity
consumption charges.
(VIII) Levy of charges on account of theft of electricity.
1) Levy of compensation charges under these conditions
shall be without prejudice to the Nigam’s right to take
any other action provided in these conditions or in the
Electricity Act-2003 or any other law governing the
supply of electricity to the person.
2) If a person is found indulging in all or more than one act
of dishonest use of electricity, the assessment on
account of theft of electricity in respect of each such act
shall be separately made for every such unauthorized
use of electricity.
(IX) Service of a copy of memorandum of inspection and
seizure.
The existing instruction for service of a copy of memorandum of
inspection and seizure shall continue till such time rules for this are
framed by State Govt. under Section 180 (k) of Electricity Act-2003.
DA/ Annexure-I.
Annexure -II
(Intimation for option to person for compounding of offence of theft
Under Section 135/152 of Electricity Act 2003).

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.

From
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Sub Divisional Officer,
Operation Sub Division,
DHBVNL, ___________
To
Sh. _____________________
________________________
________________________
(complete address)

Memo No: Dated:

Subject:- Amount levied on account of theft of electricity.

Dear Sir,

Your premises______________________________(give complete

address and also A/c No. in case the person is a consumer) was
inspected by____________________(give name & exact designation
of the authorized officer/ official) on dated___________ at
________________(AM/PM).

During above inspection, the following act(s) of dishonest use of

electricity was noticed by the authorized officer:-

The memorandum of inspection and seizure was duly handed over to

you/ Sh.______________________ being present at the time of such
inspection.

The above facts indicate that you have been indulging in theft of
electricity. Accordingly, undersigned has compounded the offence of
theft of electricity amounting to Rs_________________ to be paid by
you for the above act(s). Details of amount assessed are as under:-

Stamp & Signatures

of Assessing Officer
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Copy forwarded to:

1. The Director (V&S), HVPN Panchkula with reference to the site

checking Report No.______________ dated _______________
2. The Superintending Engineer (OP) Circle , DHBVN, _________
3. The Executive Engineer (OP) Division, DHBVNL___________
********
INSTRUCTION NO. 8.2

Instruction for dealing with the cases of unauthorized use of

Electricity.
In order to comply with the provisions under Sections-
126 &127 of The Electricity Act-2003 (central Act 36 of 2003) the
Terms and Clauses of supply Stand amended as under with immediate
effect.
Liability for unauthorized use of Electricity.
For any act of unauthorized use of electricity a consumer
shall be liable for the various charges hereafter mentioned without
prejudice to his liability for prosecution for any offence constituted by
that act.
(I) Unauthorized use of Electricity:
A consumer shall be guilty of an act of unauthorized use of
electricity when usage of electricity is:-
(i) by any artificial means; or
(ii) by a means not authorized by the Nigam; or
(iii) through a tempered meter; or
(iv) for the purpose other than for which the usage of
electricity was authorized.

In view of the above, the following acts and other similar acts
shall constitute unauthorized use of electricity :-

(a) Where the consumer uses energy in contravention of any

provision of The Electricity Act- 2003 or any of the rules or
regulations made under that Act or of any contract made under
that Act or these clauses, as relate to, or regulate, the supply of
energy by the Nigam; or
(b) where the consumer uses energy under one method of
charging for which a higher method of charging is in force;
whereas he has been authorized to consume energy under a
tariff category for which tariff fixed is lower; or
(c) where consumer uses energy through meter not approved by
the Nigam; or
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(d) where the consumer does not comply with orders imposing
restriction on use of energy during peak load hours, or power
regulatory periods; or.
(e) Where consumer uses energy other than the purpose for which
it was supplied or
(f) where without the permission of the Nigam extends the Nigam’s
supply to any premises other than the premises to which the
supply is given or to any consumer/unit within the same
premises, or
(g) where the consumer sells or otherwise supplies energy to any
other person without the permission of the Nigam or without the
authority of law, provided that the collection of energy charges
by the owners of Domestic (Residential) premises from their
tenants for Residential purposes shall not be a case of
unauthorized use of electricity.
(h) Where the consumer consumes energy through a meter, which
is not recording correct consumption of energy.
(i) Where energy is being consumed through a tampered meter. A
tampered meter shall include, but not be restricted to cases
where neutral is disconnected from both sides i.e. incoming &
outgoing side where static meter have been installed or where
body seals or apparatus or circuits are not intact or where
magnetic strips over the meter are placed or fitting are in such a
manner which prevents proper recording of consumption or by
making cut in incoming PVC/Cable or by manipulating the
phases of electric supply lines.
(j) Where a consumer illegally restores an already disconnected
connection.
(k) Where an agriculture consumer being billed on connected load
basis (un-metered supply or flat rate) un-authorizedly extends
his connected load.
However, the above list is not exhaustive and has been given
only for the facility of reference.
II) Access to the premises:
1. As per provisions contained in Section- 163 of The Electricity
Act-2003, any officer of Nigam authorized in this behalf under
clause (IV) and accompanied by such other employee(s) of the
Nigam as he may take with him for the purpose, may enter,
inspect, break open and search any place or premises and
check the meter, its body seals, apparatus, circuits or
installation through which energy is supplied or is being
supplied or is being consumed, used or drawn, where there is
reason to believe that electricity has been, is being used un-
authorizedly.
2. Such authorized officer may search, seize and remove all such
devices, instruments, wires and any other facilitator or article
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which has been, is being, used for unauthorized use of
electricity.
3. Such authorized officer may examine or seize any book of
account or documents which in his opinion shall be useful for or
relevant to, any proceedings in respect of unauthorized use of
energy and allow the person from whose custody such books of
account or documents are seized to make copies thereof or
take extracts there from in his presence.
Any occupant of the place of search or any person on his behalf
shall remain present during the search and the inspecting
officer shall prepare a memorandum of inspection (recording
therein the date, time and fact of entry and inspection) and
seizure (containing a list of all things seized). The memorandum
of inspection and seizure shall also be signed by the person so
present and the authorized officer shall hand over a copy of the
memorandum of inspection and seizure to such person present
on behalf of him. In case of refusal to sign and/or acceptance of
the memorandum by the consumer or the person present, the
authorized officer shall record the facts on the memorandum
and shall get pasted the same on the premises of the search in
presence of two witnesses. The memorandum then shall be
considered as served.
4. If any consumer obstructs or prevents in any manner to the
authorized officer or employee(s) accompanying him from
entering upon his premises to which supply is being given or
upon the place where electrical installation/equipment
belonging to the Nigam or to the consumer is situated in such
premises, the Nigam’s officer may cause the supply to be
disconnected without notice and keep such supply
disconnected till the consumer affords due facilities for
inspection.
5. If such entry or inspection reveals nothing to indicate the
commission of or engagement in any act of unauthorized use of
electricity by the consumer, the authorized officer, the
employee(s) accompanying him and the Nigam shall not be
liable for loss, inconvenience caused to the consumer if any, on
account of such entry, inspection, search or on account of
disconnection of supply of energy under sub-clause (4) above
6. The inspection of the meter made by the person authorized
for reading the meter or Meter Reader as the case may be
including AE/AEE/JEs or any other employee of the Nigam for
the purpose of recording of meter reading for consumption shall
not be deemed to be inspection of the installation of the
consumer for the purpose of this clause because a detailed
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examination of the meter, its seals & its component parts is
generally not made by such a person while reading the meter.
III Restoration of supply.
Where on an inspection made under clause (II), the authorized
officer is of the view that the consumer has been/is being
making unauthorized use of electricity, the authorized officer
shall take the following actions :-
(a) On seizure of such devices, instruments, wire etc. as
cannot be removed to rectify the malpractice and
continuance of which is detrimental to the interest of the
Nigam, the supply shall be immediately disconnected.
(b) The service of a consumer disconnected under clause
mentioned above for the act of unauthorized use of
electricity shall be reconnected:-
Upon compliance by such consumer with such directions
for the discontinuance of the act of unauthorized use of
electricity, assessing officer may by order in writing
communicate to the consumer in this regard; and
Upon payment by the consumer of 100% or 80% of
amount as the case may be for the assessment made
for such unauthorized use of electricity
Provided that the service of a person who is not a
consumer of the Nigam shall not be restored and the
payment of amount of assessment made by him shall
not entitle such person to be a consumer of Nigam on
such payment.
(IV) Authorized Officer
The officers mentioned in the table given below are authorized
for the various purpose specified therein:
Category of Officers authorized to Officers authorized to
consumer enter the premises & make provisional/final
inspect installation assessment.
1 2 3
Domestic 1.AFM authorized by
Non-Domestic concerned SE ‘OP’ 1. S.D.O. (OP)
Agriculture 2. J. E.(Field) (For the amount upto
3. J.E. (Vigilance)/ M&P Rs One lac in each
L.T. Industrial case)
Supply
2. XEN (OP)
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H.T. Industrial (For the amount
Supply (i) Sub Divisional exceeding Rs One lac
Bulk Supply Officer (SDO) in each case)
Public Lighting Operation
and rest of the (ii) Assistant
Categories Engineer
Vigilance/
Metering and
Protection.

Note:- Officers senior in rank and having jurisdiction in concerned

area shall also have the powers mentioned in Column 2
above.
V) Assessment for unauthorized use of electricity:
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 unauthorized use of electricity, he
shall provisionally assess the electricity charges payable by
such person or by any other person benefited by such use.
Such assessment shall be made as under:-
(a) Period of assessment:
The period of assessment shall be taken as a period of three
months immediately preceding the date of inspection in case of
Domestic
and Agricultural Pumping Supply categories and six months
immediately preceding the date of inspection for all other
categories of consumer.
(b) Computation of assessed amount:
The assessment of quantity in units for the unauthorized use of
electricity made under clause – (VI) & (VII) and for the period
under sub clause – (V) (a) shall be charged at a rate equal to
one-and half time the tariff applicable for the relevant category
of consumers, after deducting the consumption recorded by the
meter during such period of assessment. However, no
deduction of metered consumption would be made in the cases
of unauthorized extension of supply and unauthorized resale of
electricity.
(c) For unauthorized use of supply for a purpose for which a higher
method of charging is in force (i.e. Domestic to Non-domestic
and A.P. to other category) the assessment shall be made on
the higher tariff for the whole consumption recorded during the
period of assessment under clause-(V) (a). Higher tariff shall
also be charged till the date the category of use is restored to
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the original sanctioned category.
(d) For Agriculture Supply :- For unauthorized extension of load by
un-metered/flat rate consumers’ assessment shall be made @
Rs 1500/- per BHP of extended load. For unauthorized use of
electricity by a person who is not a consumer assessment shall
be made @ of Rs 4000/- per BHP.
e) Where there are more than one L.T. Industrial connections in
the same premises and the same are required to be clubbed
under the prevailing instruction for clubbing of load, the
unauthorized load would be worked out by comparing the
clubbed with the total sanctioned load and such consumers
would be billed on the tariff applicable to the sum total of
clubbed load.
f) For the unauthorized extension of supply and unauthorized
resale of supply, the assessment of quantity in units as sold or
supplied un-authorizedly shall be worked out as under:-

Quantity of electricity sold or supplied = (axL)/ (b+L)

Where,
a - denotes total consumption recorded during the period of
assessment under clause-(V).
L - denotes the load of service to which electricity was
sold/supplied unauthorizedly.
b - denotes the sanctioned load (Contract Demand in case of
H.T. Industrial consumer) of the consumer found indulging
in unauthorized use of supply. The contract demand where
applied shall be converted into connected load by
multiplying the prevailing standard power factor (0.90).

The assessment of quantity made as above shall be charged at

a rate equal to one-and half times the tariff applicable for the
relevant category of consumers except un-metered Agriculture
Tube wells and shall continue to be charged till such time the
misuse is allowed to be continued pending regularization
/disconnection after due notice to such consumer. The load of
the service to which the electricity was sold/supplied shall,
however, not to be considered as an act of unauthorized
extension of connected /sanctioned load.
VI) Method for assessment of quantity in units for supply on
low voltage.
Quantity of units consumed per month shall be worked out as
under: -
kW x LF x H x D
Where,
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kW Connected load actually found at the time of
inspection/checking in Kilowatts or the Sanctioned
Load, which ever is higher.
LF Load factor
H Number of working hours per day.
D Number of days per month.
Load factor, No. of hours and No. of days to compute the
quantity of units as mentioned above shall be taken as
mentioned below:-
Note :- Load / Demand in kVA be converted into kW by
multiplying with the standard power factor.

Category of Load No. of working No of

consumers factor hours per day days/
*Rural Urban per
feeder feeder month
1 2 3 4
Domestic supply 50% 8 16 30
Non-Domestic supply
For General 80% 8 12 25
For Restaurants, hotels
and petrol pumps, 80% 10 16 30
Cinemas,
For Nursing Home and
Hospitals with indoor 80% 14 20 30
nursing facilities,
shopping malls.
L.T. Industrial supply
Having load up to 20 80% 8 16 25
kW
Having load above 20
80% 8 20 25
kW
Bulk supply (On LT) 50% 12 20 30
Public Lighting 100% 10 10 30
Agriculture Pumping
Supply 90% 8 16 30
i.e. Metered Supply
• In case of Ice factory, Ice candy, Cold Storage and Plastic
Industry with load upto 20 kW number of working hours per day
on Urban Feeder shall be taken as 20 hrs.
• Rural feeder for the purposes of above shall be considered as a
feeder where supply is given on restricted basis for meeting
demand for agriculture in rural area.
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VII) Method for assessment of quantity in units for supply on
High voltage (including H.T. Industrial Consumers & Bulk
Supply consumers on HT supply).
Quantity of electricity consumed per month shall be worked out
as under:
MD x H x L.F. x D

Where,
MD= Maximum Demand in kW. For this purpose the highest of
the followings shall be taken as maximum demand.
I. The sanctioned contracted demand of the consumer.
II. The highest maximum demand recorded during
preceding six months of inspection.
III. 65% of the connected load found at site at the time of
inspection.
The power factor will be taken as 0.90 for converting
maximum demand into kilowatts.
H = Number of working hours per day. For this purpose 20
hours per day shall be taken for an industry having
continuous process and 12 hours for rest of industries.
LF = Load factor to be taken as 80%
D = Number of days per month, which shall be taken as 25
days.

VIII) Notice of Assessment

(1) Within a period of two days of the detection of
unauthorized use of electricity, the assessing officer
shall serve upon the consumer or the person in
occupation or possession or In charge of the place or
premises with order of provisional assessment made
under clause (V), in the form prescribed in Annexure-1 to
this clause. In case the consumer evades to accept the
notice, same will be pasted out side his premises which
will be considered to have been served upon him and no
further notice will be required.
(2) Such notice shall contain and indicate:-
a) The matter relating to the inspection carried out by the
authorized officer indicating therein date and timings etc.
b) The matter relating to an act of unauthorized use of
electricity detected by the authorized officer during
inspection of the installation/equipment in the premises
of the consumer; and
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c) Provisional assessment made and payable by the
consumer to the Nigam on account of such unauthorized
use of electricity of Nigam as the case may be; and
d) Informing to accept such provisional assessment and
deposit the assessed amount with Nigam within seven
days of service of such provisional assessment order
and further informing that in case he deposits the
assessed amount, he shall not be subject to any further
liability or any action by any authority whatsoever.
e) Informing that he may file objections, if any, against the
provisional assessment before the assessing officer
within 3 days of service of such notice and that the
assessing officer, after affording reasonable opportunity
of hearing, will pass a final order of assessment within 4
working days of filing of objections.
f) Informing to pay 100% of the assessed amount to
restore supply in case his supply was disconnected by
the authorized officer.
g) Informing of his liability to pay interest at the rate of 16%
per annum compounded every six months on the
assessed amount after the expiry of 30 days from the
date of issue of final order of assessment by the
assessing officer.
(3) The consumer on whom the order of provisional
assessment has been served shall be entitled to file
objections before the assessing officer within 3 days of
service of such notice. In case consumer files any
objection, the assessing officer after affording
reasonable opportunity of hearing will pass the final
order of assessment within 4 working days.
(4) The consumer may also be informed that in case he is
willing to make the payment of amount assessed as per
column 3 of Annexure-I within 72 hrs of issuance of
notice, only 80% of the amount mentioned in the notice
shall be payable. But after deposit of 80% amount, no
change in assessment or further appeal shall be allowed
and matter shall stand settled for all purposes.
IX) Appeal
1. A consumer aggrieved by the final order of assessment
made under clause (VIII) (3) may prefer an appeal to the
appellate authority prescribed within thirty days from the
date of issue of final order of assessment.
2. No appeal against final order of assessment under
Clause-(VIII)(3) shall be entertained by the appellant
authority unless an amount equal to one-third of the
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assessed amount along with fee as specified by the
State Commission is deposited in cash or by way of
bank draft with the Nigam and documentary evidence of
such deposit has been enclosed along with such appeal.
3. The memorandum of appeal shall be in duplicate in neat
writing or typed and duly signed by the consumer. All the
material on which the appellant seeks to rely for
purposes of his appeal shall also accompany the
memorandum of appeal.
4. The appeal shall be decided within a period of 30 days
after giving a reasonable opportunity to the consumer of
being heard in person or through a duly authorized
representative. In either case the opportunity of reply to
the authorized (checking) officer shall also be offered by
getting the comments of the authorized (checking) officer
in writing or hearing in person on the issues raised by
the consumer.
Provided that if the consumer fails to turn up inspite of
being given a reasonable opportunity of being heard, the
appellate authority may proceed ex-parte and decide the
appeal on merits.
5. The appellate authority may :-
i. Confirm, reduce, enhance or a null the assessment;
or
ii. Conduct a further enquiry itself or call for a report
from the officer who have made the assessment and
dispose off the appeal in the light of such further
enquiry or report.
iii. Pass such other order, as it deems fit provided that
an order made under (i) or (ii) above shall contain the
reasons thereof.
6. The order passed by Appellate Authority shall be final.
7. No appeal shall lie to the Appellate Authority against
final order made with the consent of the parties.
X) Amount of assessment recoverable as arrear of electricity
Consumption charges.
The amount due from the consumer as a result of the
proceedings under these clauses shall be deemed to be arrears
of electricity consumption charges.
XI Levy of Assessment charges
(1) Levy of compensation charges under these clauses shall be
without prejudice to the Nigam’s right to take any other action
provided in these clauses or in the Electricity Act-2003 or any
other law governing the supply of electricity to the consumers.
(2) If a consumer is found indulging in all or more than one act of
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unauthorized use of supply, the assessment in respect of each
such act shall be separately made for every such unauthorized
use of electricity.

XII) Service of a copy of memorandum of inspection and

seizure.
The existing instruction for service of a copy of memorandum of
inspection and seizure shall continue till such time rules for this are
framed by State Govt. under Section 180 (k) of Indian Electricity Act-
2003.
DA/ Annexure-I.

Annexure -1
(Notice of Provisional Assessment and hearing under clause (V) of
liability for unauthorized use of Electricity and in exercise of powers
under Section-126 of the Electricity Act, 2003).

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.

From
Sub Divisional Officer/Executive Engineer,
Operation Sub Division/Division,
DHBVNL, _______________________
To
Sh. _________________
_____________________
______________________
(complete address)
Memo No: Dated:
Subject :- Provisional order of assessment for unauthorized use
of electricity.

Dear Sir,
Your premises bearing A/C No. ________was inspected by
_________(give exact designation of the authorized officer), on
dated__________ at _______________(AM/PM).
2. During above inspection, the following act(s) of unauthorized
use of electricity was noticed by the authorized officer:-
 18

The memorandum of inspection and seizure was duly handed

over to you/ Sh.______________________ being present at the
time of such inspection.
3. The above facts indicate that you have been indulging in
unauthorized use of electricity (specify the exact act(s)).
Accordingly, undersigned has provisionally assessed the
electricity charges amounting to Rs_________________ to be
paid by you for the above act(s). Details of amount assessed
are as under:-

4. You are hereby directed (strike out which ever is not applicable) :-
(a) To rectify the unauthorized use of electricity on the spot
to avoid disconnection for the cases covered under
clause-III (a).
OR
To rectify the unauthorized use of electricity within 48
hours of receipt of this notice failing which your supply
shall be disconnected.
Further action will be taken as per relevant clause of
unauthorized use of electricity.

(b) To deposit at 100% of the assessed amount as details

given above, to secure restoration of supply/avoid
disconnection.
6. In case you are willing to make the payment of amount
assessed as per column 3 within 72 hrs of issuance of notice,
only 80% of the amount mentioned in the notice shall be
payable. But after deposit of 80% amount, no change in
assessment or further appeal shall be allowed and matter shall
stand settled for all purposes.
7. You are informed that:- ( Strike out which ever is not applicable)
a) You may accept the provisional assessment and deposit
the assessed amount with the Nigam within 7 days of
service of this notice. In case the amount of assessment is
deposited, you shall not be subjected to any further liability
or any action by any authority whatsoever.
b) You may file objections, if any, against the provisional
 19
assessment made within 3 days of service of this notice.
In case such objection is filed, the case will be considered
and after affording opportunity of reasonable hearing final
order of assessment shall be passed within 4 working
days of filing of such objection.
c) You will have the right to make appeal against the final
order of assessment before _________________
_________________ (give name of appellant authority),
within 30 days of issue of final order of assessment after
depositing one-third of the amount of final assessment
order.
d) You are liable to pay interest at the rate of 16 percent per
annum compounded every six month on the assessed
amount after expiry of 30 days from the date of issue of
final order of assessment.
DA/Seizure list

Stamp & Signatures

of Assessing Officer

Copy forwarded to:

1. The Director (V&S), HVPN Panchkula with reference to the site

checking Report No.________________ dated
_______________

2. The Superintending Engineer (OP) Circle

DHBVNL, ____________

3. The Executive Engineer

(OP) Division, DHBVNL__________________

4. The Sub-Division Officer

(OP) Sub-Divn., DHBVNL_________________
********