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131. THEFT AND LESS RECORDING OF ENERGY-REMEDIAL MEASURES: 131.1 Under Section 39 of the Indian Electricity Act,1910, whoever dishonestly abstract, consumers or uses any energy or where artificial means or means not authorized by the Board exist for abstraction, consumption or use of energy, shall be deemed to have committed theft within the meaning of the Indian Penal Code.. 131.2 Inspecting Officer shall check the MDI, KVAH and KWH meters alongwith metering CTs and PTs as one unit and record reading as well as their observations regarding functioning of each of these metering equipment units. It shall also be ensured that each and every meter alongwith ancillary/allied equipment has been properly sealed, CTs and PTs with correct matching specifications have been installed in accordance with wiring diagram of the equipment and the multiplication factor etc., wherever applicable has been properly taken care of while recording readings/observations. 131.3 Prevention of Theft of Electricity: Measures mentioned hereunder will help in curbing the menace of Theft of Energy. 131.4 Curbing Theft direct from mains, service line, meter terminals: Measures to counter the pilferage of electricity direct from the supply mains/service line are as under:- 131.4.1 Cut outs should be provided after the meter instead of before the meter. In other words, the service line should be connected direct to the meter and the cut-out should be provided on the load side. The main Board supporting the meter should be properly grouted and its supporting bolds should be sealed. Meter terminal cover should also be sealed. 131.4.2 No P.T. fuses should be provided on the secondary side of the supply to KWH/MDI meters. In the cases of existing connections, arrangements should be made to remove the P.T. Fuses immediately. 131.4.3 Fuses, if any, provided by mistake on the secondary side of CT circuit should be removed immediately. 131.5 In order to avoid reversal of connections it must be ensured that correct connections are made at the merits terminals and its cover is properly sealed. Whenever meter terminal seal is broken or is found to be broken it must be replaced at the earliest. Before resealing it should be ensured that the connections are in order. 131.5.1 The connections , as such, should be checked by a responsible Engineering Officer to ensure their correctness and working of the meter on each phase may also be checked with the heater/water load, the equipment should thereafter be sealed properly by the officer to whom the job has been assigned as per standing instructions on the subject. 131.5.2 Connection wiring diagram of different types of metering equipments both 11 KV and LT as in use in PSEB should be circulated amongst the operation engineering officers for their guidance. 131.6 Avoiding access to CTs/PTs and connecting wiring: For preventing free access to weak links of metering equipment and to avoid tampering of CT.PT connections for the purpose of theft of energy, remedial measures as under may be taken. 131.6.1 The MC and CTs/PTs chambers of standard design with proper construction as approved by the Board must be got installed separately for meters and CTs/PTs. The meters in case of all industrial connections should be installed in the MCBs of standard/approved design. No connection should be released without the installation of such chambers. In no case unstandard chambers be accepted from the consumers. In case of existing connections the non standard MCBs and CT/PT chambers should be replaced with MCBs and CT/PT chambers of approved design in a phased manner. 131.6.2 In respect of Metering for LS/BS consumers where CTs/PTs are involved, the test terminal block where provided, meter terminal cover and CTs/PTs chamber need to be sealed carefully and properly by the Ops. officers who have been assigned the job of sealing such metering equipment as per instructions contained in Regn. No.63. Such seals should not be broken without(a) the knowledge of the sealing officer/official, (b) keeping a proper record of broken seals. Seals should be affixed expeditiously as and when the same have to be broken for attending to faults etc. The metering equipment in case of other industrial connections should also be sealed properly and expeditiously by the competent authority. 131.6.3 The entry and exist holes for the cable in CT/PT chamber should be plugged by putting suitable size of cable glands. 131.6.4 There should be no extra joint in the CT/PT extension leads and the length of the leads should be limited to the minimum required. The joints between the extension leads of CTs and leads connecting the meter should be crimped so as to have solid joints. The portion of CT leads having joints should be kept in the CT chamber and must not be placed in the MCB portion. PT leads without any joint should be soldered/crimped on each phase of the PSEB service cable so as to achieve solid connections. MCB and CT/PT chambers need to be placed adjacent to each other and the CT/PT lead should pass through the GI Pipe welded on the CT Chamber and connected to the MCB in such a way that the leads are not accessible to the consumers. Drawing depicting the correct arrangement should be circulated to the concerned officers. 131.6.5 The length of extension leads of the CTs/PTs should be sufficient for taking to the meter terminal block to eliminate joints which when loose are susceptible to carbonization or oxidation resulting into less recording of energy. The wires should preferably be of red , yellow, blue and black colours for clear distinction and to facilitate quick checking. The suppliers may be asked for making provisions of sufficient lengths of extension leads in the CTs/PTs. 131.6.6 Combined CT/PT units must be installed for all HT metering equipment and their covers should be sealed properly so as to avoid access to the connections. Separate CTs outside the combined unit must not be installed under any circumstances. 131.7 Avoiding loose joints in CT/PT chambers and expeditious sealing: As per practice in the field, consumer's main cable is connected to the PSEB main service cable inside the CT chamber in case of LT metering. CT/PT chamber being of close construction and joint being a weak link in the cable tends to heat up and the heat is not dissipated to the atmosphere, it ultimately results in over-hauling the joint and causes damage to it. CT/PT chamber seals are broken frequently in order to attend to the complaints of failure of supply due to over heating and damage to the joints. Such seals are not affixed promptly and sometimes they are not affixed for weeks/months together. Thus over-heating and damage to the joints and consequently breaking of CT/PT chamber seals allows to the unscrupulous consumers a free access to the CT/PT connections for indulging in theft of electricity by tampering with the CT/PT connections. 131.8 In order to avoid disengagement of potential leads which are connected at the joints following measures may be taken:- 131.8.1 Remedial measures: The joint between PSEB service cable and consumer's main cable should be taken out of the CT/PT chamber on load side. For the existing connections these maybe done in a phased manner, and for new connections, the joints must be made outside CT/PT chamber at the time of releasing the connections. Drawing showing correct arrangement should be circulated to the concerned officers from time to time. 131.8.2 The PT connections should be made by cutting insulating material of each phase of PSEB Service Cable inside the CT/PT chamber and these maybe soldered so as to ensure solid connections. 131.9 Measures to avoid fake seals etc:- To avoid Theft of electricity through tampering/providing fake M&T seals, tampering meter window glass fixing mechanism and providing small hold in the body of the meter, measures as under are required to be taken:- 131.9.1 The instructions regarding affixing paper seals maybe rigidly followed by all the officials/officers concerned. 131.9.2 Impression of ME seals may be stamped on the corners of the meter index plate with indelible ink so that it can not be rubbed off. 131.9.3 ME seals should be of multifarious impressions and should be properly pressed by using the latest technique like hydraulic pressing etc. The sealer with hydraulic pressing dies should be kept in steel chamber in ME Lab having double locking arrangements. In no case, the officers/officials should be allowed to have access to sealing-pliers/hydraulic pressing dies after the office hours or during holidays. 131.9.4 M&T seals of the meters transferred from the jurisdiction of one ME Lab to other should be replaced by the ME Lab in whose area meters are to be installed . No sealer for M&T seals should move with the employee even on transfer and should be kept in a locker with double key system to be maintained in the office of ME Sub-Divn. 131.9.5 Energy meters with tampered/fake M&T seals or small holes made in the meter body for the purpose of stealing electricity are replaced indiscriminately by declaring such meters defective with ulterior motives after a short interval of time so as to avoid detection of such malpractices. These meters are returned to ME Lab. after a long period for repairs and recalibration. Remedial measures against such a course of action are:- 131.9.5.1 Detailed investigations must be carried out in each and every case before the meter is dismantled with one or the other plea so as to curb the tendency of indiscriminate replacement of tampered meters. Action as per Condition No.43 of the Conditions of Supply, where called for, should be taken immediately, failing which action should be initiated against the officer/official who removed the meter. 131.9.5.2 The meters which are declared defective and are removed must be returned to ME/S/Divn. within a maximum period of 10 days in case of industrial meters and one month in the case of general consumers. 131.9.5.3 Test results of defective meters, before their repair and recalibration, should be obtained and recorded. The cause of defect should also be established and recorded. Genuineness of M&T seals should also be checked and recorded. 131.9.6 The cases of premises 'locked' and 'Nil' consumption be got investigated by the AE/AEE(Ops). 131.10. Energy Consumption Variation register: Careful examination/study of cases of low and appreciable variation in energy consumption should provide clues for investigating theft of electricity cases. In order to have an effective control/check over the mal-functioning of the meters/theft of energy by properly maintaining/monitoring energy variations registers for different category of consumers, following guidelines shall be implemented strictly. 131.10.1 Maintenance of the Registers: Officials/Officers responsible for maintaining energy variation register shall be as under:- i) GSC(DS and NRS) : Revenue Supdt RA/ARA ii) SP/MS/Street Lighting : AAE or JE where AAE is not posted. iii)LS/BS : AE./AEE/XEN Incharge of Ops./Divn and AEE./Comml. in case of Special Division. 131.10.2 Procedure to be adopted for checking energy variation: For keeping check on energy variation of various categories, consumption of a particular month shall be compared with consumption of the same month of the preceding year/average consumption of the preceding year/season and if there is variation of ±10% in case of LS/BS consumer, ± 20% in case of MS/SP/Street Lighting and ± 25% in case of GSC category of consumers, the same shall be recorded on the energy variation register already in vogue(CA-110) and necessary investigation carried out so as to ascertain reasons for the said variation. Centralised Billing Cell, preparing bills of Large Supply/Bulk Supply (more than 100 KW) consumes, shall also look into variation(± 10%) in case of LS/BS consumers and shall submit the list alongwith their comments to the respective operation sub-divisions for carrying out further investigation. Similar kind of industries shall be entered in the variation register separately for relative consumption comparison. Officers/officials responsible for maintenance of registers as per 131.10.1 above shall put up the same to AE./AEE/XEN Incharge of the sub-division for necessary action being over all responsible for compliance of instructions. 131.10.3 Issue of Energy Variation Register: Three separate registers as mentioned under Para-131.10.1 above be maintained in each sub-division. These registers duly numbered and attested by the Divn. Supdt. shall be issued by the operation Division and record shall be maintained like SMBS Sr.XEN/Addl.SEs(Ops) Incharge of (Ops) Division shall check/append initials on the registers while on tour for ensuring compliance of these instructions. 131.11 Proper installation of meters: Observance of the ;provisions of Regn. No.62 regarding installation of meters at proper place near the main entrance of the consumer's premises should be rigidly followed. Measures as mentioned hereunder will be useful: 131.11.1 Release of new Large Industrial/Bulk Supply Connection: No new large supply/bulk supply connection shall be released unless the consumer provides a separate room as pr specifications and design prescribed by the Board adjacent to the main entry gate for installation of metering equipment. The key of the room shall remain with the consumer and shall be available at the gate to facilitate meter reading/checking by the PSEB officers/officials. 131.12. Measures as under may be taken to avoid pilferage of electricity from the terminals of the Transformer installed at the consumer's premises: 131.12.1 The naked LT terminals of the distribution transformers including that of the cable may be empire taped properly and thereafter these joints may be provided with paper seals with the signatures of the SR.XEN/ASE and SE/Dy.CE/Ops . These paper seals may be protected against any type of damage by providing transparent plastic paper suitably. 131.13 M&T seals to remain intact: It should be ensured that the consumer is not allowed to tamper with the M&T seal which encloses the metering mechanism. Keeping a watch over the consumption of the consumer of the consumer and checking the same with the theoretical consumption or the consumption of similar consumers can give a clue as to whether there is a possibility of the cyclometer of the mechanism having been changed. Normally such mischief will be possible in connivance with the trained staff of the Board. It will, therefore, be useful if the meters of the consumers are periodically checked/replaced. 131.14 Proper Transportation of meters: Rough and mishandling of energy meters during transportation adversely effects the accuracy. To safeguard against this eventuality, wooden boxes, which are available for packing energy meters should be used for transporting meters from stores/ME laboratories to distribution offices/site of work. 131.15 Meters and CTs of matching ratio: All out efforts may be made to install the meters and CTs of the same current ratio so as to eliminate the multiplying factor. 131.15.1 Multiplying factor to be indicated in red ink: Where meters and CTs of different current ratio were/are installed due to reasons of non-availability of matching CTs, the multiplying factor must be indicated in red ink on the consumer case, meter reading book(Kalamju) and ledger so that it could be applied correctly. It should also be written in indelible ink on the meter. AE./AEE/XEN should have a consolidated record for all industrial and three phase connections in a bound register for all such connections which have multiplying factors. Such register should be updated whenever there is any change in the metering or CTs. 131.16 Performance of Mis: A proper control should be exercised on the work of Meter Inspectors who should submit their reports to AE./AEE/XEN(Ops). daily. Points raised by the Meter Inspector should be immediately attended to by AE./AEE/XEN(Ops). who is responsible for immediate compliance within 24 hours. However, the Meter Inspector should bring serious and suspicious cases to the notice of the Sr.XEN/ASE(Ops) also. 131.17 MDI readings: The Meter Cup Board/metering terminal seals be checked frequently especially in the case of major consumers,. SR.XEN./ASE (Ops) shall arrange surprise /secret recording of MDI reading before scheduled reading dates. 131.18 Checking unauthorized load of TW Connection: For tube well consumers intensive periodical checking should be carried out by the Operations/ Enforcement Staff. The enforcement staff should check dimensions of motors as per ISI standards in case of motors which are manufactured in accordance with these specifications, the current rating with clip on ampere meter on ' no load' or 'full load' after tube well is operated for some time and comparing it with the name plate particulars of the motors, unauthorized extensions and misuse of energy. 131.19 In order to detect whether in single phase connections, the consumer has not interchanged the neutral and phase lead, the meter Inspector should put on heavy load to see whether the meter is functioning properly or not. JE/AAE should be able to detect such cases. 131.20 Action against employees: Unscrupulous persons tap PSEB mains/sub-mains unauthroizedly to feed their loads. Intensive raids both by the Enforcement and Operation staff should be conducted in the areas infested by theft of energy. Deterrent punishment within the frame work of rules should be inflicted on those employees who are found conniving in theft of electricity. 132. ADDITIONAL PRECAUTIONS IN RESPECT OF BOARD EMPLOYEES: 132.1 The officers Incharge of substations and colonies has a special responsibility in the matter. He will be personally responsible for any case of theft of energy specially if the report is received from other sources. 132.2 In the Board's colonies a separate feeder for residences should be run and a KWH meter installed at the sending end to register the entire residential consumptions. A monthly comparison be made between the readings of this KWH meter with the total consumption by the Board's employees residing in the quarters. 132.3 Following checks on the meters of the employees should be exercised by the various officers/officials:- 132.3.1 The initial sealing of meter terminal cover may be done by JE who will be held responsible in case of wrong connections. 132.3.2 Meter Inspectors should check the meters of all the employees residing in the towns, atleast once in 2 months and ensure that they are in working order, seals are intact and no means are being employed for stealing energy. Cases of low consumption should be investigated and report submitted to the AE./AEE/XEN. 132.3.3 AE./AEE/XEN(Ops). concerned should also exercise checking of the meters and the service lines of the Board Employees as given below and seal the meters in token of check:- 132.3.3.1 Employee staying in the PSEB Colonies :Once in Two Months 132.3.3.2 All other staff staying in town. :5% every month 132.4 The Meter Inspector will keep the readings of the meters installed at the premises of Board employees taken by him separately in the Check Register and put up for scrutiny to the AE./AEE/XEN(Ops). who will compare them with the normal consumption expected from the employees corresponding to status. In the event of large discrepancy, matter should be investigated thoroughly and Sr.XEN/ASE/SE(Ops) and the CE(Ops) apprised of the position for further action. 133. DISPOSAL OF THEFT OF ENERGY CASES/REGISTRATION OF FIR: 133.1 The AE/AEE(Ops) , SRXEN/ASE(Ops) is authorized to lodge' First Information Reports" with the Police and launch necessary prosecution on behalf of the Board under section 50 of the Indian Electricity Act,1910, for cases constituting theft of energy as described under section 39 of the Act read with Condition No.43 of Conditions of Supply or where fake/tampered seals are; detected or where ME seals are found broken/missing and removed and meter cover can be opened and actual consumption recorded leads to the conclusion that the consumer has been indulging in theft of energy. 133.1.1 In all cases where theft of energy is detected unambiguously by the Enforcement/operation organization in respect of industrial connection above 500 KW and NRS connections above 100 KW, it will be decided with the specific approval of "Director (Enforcement) or Dy.CE/SE(Ops) concerned( as the case maybe) as to whether only compensation is to be levied on Fir is also to be lodged with the police for criminal proceedings. Purpose of these instructions is to allow levy of compensation in minor violations but in case of established theft case i.e. by passing of meters, tampering of seals etc. where evidence for conviction is available, compensation should be levied in addition to lodging FIR with the police with the approval of the competent authority . In case of any doubt, the matter may be referred to Chief Engineer(Comml.) FIR cases shall be followed up by Administrative Member to whom necessary details shall be supplied by the concerned agency immediately on the occurrence of such events. Such police cases shall also be reported to the Board every three months. 133.2 Whenever it is established to the satisfaction of the Board's Authorized officers that a consumer has indulged in theft of energy through any of the means mentioned in condition No.43(quoted hereunder) of the Conditions of Supply, the Board may without prejudice to its other rights cause the supply to the consumer discontinued without any prior notice to the consumer. 43.1 A consumer or any person shall be guilty of theft of electric energy and shall be deemed to have committed theft within the meaning of the act, the Indian Penal Code where he maliciously causes energy to be wasted or diverted or dishonestly abstracts, consumes, uses, draws any energy; 43.1.1 otherwise than through a meter referred to in condition No.22 of 'Conditions of Supply' or Section-26 of the Act, or 43.1.2 through any artificial mean or means not authorized by the Board or 43.1.3 by tampering with such meter or its body seals or apparatus or circuits, or 43.1.4 by manipulating such meter, indicator or apparatus referred to in sub section(7) of Section 26 of the Act and condition No.22 and 23 of Conditions of supply or 43.1.5 by manipulating or abstracting or interfering in the functioning of such meter in any manner so as to prevent it from fully and/or correctly registering the energy consumed, or 43.1.6 by manipulating change of phase of electric supply lines, or 43.1.7 from a disconnected service if the consumer prevents registration by the meter of the energy abstracted, consumed, used or drawn or. 43.1.8 by any other means whatsoever interfering with the said meter and the connected wiring, CTs and PTs or Board's works where such interference is an offence Under Section-44 of the Act .
43.1.9 In the case of an agriculture consumer by increasing the Horse Powerage of the motor or by in any way using the electricity for residential or industrial or poultry/fish farming etc.
134. WORKING OUT COMPENSATION OF LOSS ARISING OUT OF THEFT OF ELECTRICITY: Recovery of compensation for the loss sustained by the Board as a result of theft of energy shall be made as per the provisions of Conditions No.43.4 and 43.4.1 of C.O.S and Para-5(quoted hereunder) of the Schedule appended to COS. 43.4 Levy of Compensation: Where it is established to the satisfaction of the Authorized Officer(s) of the Board that a consumer has indulged in theft of energy, the Authorized Officer of the Board may without prejudice to other rights, direct the consumer to compensate the Board for the loss caused to it as a result of theft of electricity and also to pay one time additional ACD at the rate prevalent at the time of theft of electricity. 43.4.1 Rate of Compensation:: Compensation will be levied at the rates and terms described in the Schedule or as prescribed by the Board from time to time. "5 Compensation of Theft of Electricity: A consumer found by the authorized officer to have indulged in theft of electricity shall pay the compensation at the following rates or the rates and terms as prescribed by the Board from time to time.
5.5.1 Suitable compensation in case of theft involving changes in the counter gear/pressure coils/current coil(s) with higher ratio of a meter shall be worked out by over hauling accounts for such consumers taking maximum period of two years from the date of checking or one time fixed compensation charges to be worked out the load (as per prevailing instructions) for theft of energy as per the rates mentioned above in clause 5.1 to 5.5 whichever is more. 5.6 In case of BS category of consumers, compensation amount shall be worked out as per rates specified under paras 5.2 to 5.4 on the basis of sanctioned load. 5.7 In respect of LS/BS consumers, reconnection, amount as worked out @ 33% of the compensation amount shall be subject to a maximum of Rs.50 lacs. 5.8 Compensation amount in respect of all categories except DS/NRS shall be worked out on the basis of sanctioned load and not the actual connected load found at site. Where an unauthorized load is also detected, load surcharge at the prevailing rates shall be levied. The kun-authorized load detected , if any, shall be got disconnected. 5.9 The compensation amount in case of DS/NRS category of connections shall be worked out on the basis of actual connected lod or sanctioned load whichever is higher in addition to levy of load surcharge on the unauthorized portion of the connected load. 5.10. Deleted. 5.11 The unauthorized load in case of al the DS./NRS category of consumers shall be compulsorily regularized after obtaining fresh A&A forms alongwith security and service connection charges before allowing reconnection. For the execution of said instructions, it is necessary that actual connected load of DS/NRS consumers may invariably be checked where theft of energy is detected. 5.12 In addition to compensation as provided under Para 5.1 to 5.5 one time additional ACD at current rates shall also be charged and recovered. 5.13 While levying these charges on per KW basis, the amount of bills already charged is not to be adjusted. 5.14 The connection shall be disconnected immediately and shall be reconnected after recovering the compensation and reconnection fee etc. 5.15 In case of 2nd default(Theft of energy) occurring within twelve calendar months of first detection at the same premises by the same consumer (except seasonal industries) than the rates for working out compensation amount shall be doubled and the factory/premises shall be disconnected for one week even if the default is not falling within same financial year. For seasonal industries, if theft of energy is detected 2nd time in a season, the compensation shall be worked out at double the rates and connection shall be disconnected for one week even if the default is not falling within the same financial year. 5.16 ED shall also be charged on the applicable compensation as under: Electricity duty =Amount Charged x Electricity duty rate per unit Chargeable Average rate of (as applicable) energy per unit 134.1 Compensation should be levied where fake seals or tampered seals or broken/missing seals enable the opening of the meter cover and actual consumption recorded leads to the conclusion that the consumer has been indulging in theft of energy. The consumer shall be asked to pay compensation amount as per standing instructions applicable for theft cases. The cost of meter may also be recovered. 134.2 COMPETENT AUTHORITY TO LEVY THE AMOUNT OF COMPENSATION: The compensation shall be charged in established theft cases detected by Operation Officers or Enforcement agency for various categories of consumers by AE./AEE/XEN(Ops).concerned as per provisions of Reg.No.134 Sr.Xen/ ASE(Ops) for theft cases detected by operation officers and Sr.XEN/ASE (Enforcement) for theft cases detected by Enforcement agency shall ensure that compensation amount in all such cases is charged as per Reg.No.134. 134.3 The Operation Officers shall defend the cases in the Court(s) and help of the Enforcement agency should be sought wherever considered necessary. 134.4 Bill Cum Notice of Assessment: Notice of Assessment will be issued by AE./AEE/XEN(Ops). as per Condition No.43.5(quoted hereunder) of the C.O.S. "43.5 Assessed compensation and the amount of AACD payable by the consumer shall be notified to the consumer in the form of a bill cum notice within 48 hours from the date of checking/inspection requiring the consumer to show cause as to why the assessed compensation be not recovered from him. 43.5.1: Such bill cum notice interalia mention the matters relating to the act of malpractice or theft of energy noticed by the Authorized Officer during inspection of the installation/equipments in the premises of the consumer and details of the amount billed to him will also be supplied. 43.5.2: A copy of memorandum of inspection and seizure shall also be enclosed with the notice if it had not been delivered to the consumer or his representative after the checking/inspection by the Authorized Officer. 43.5.3: The Officer serving the bill-cum-notice shall inform the consumer to contact the Dy.CE/SE(Ops.)/ CE/(Ops) for restoration of supply to his premises as per competency. 43.5.4: On receipt of representation/reply to the show cause notice, if any XEN/AEE/AE(Ops) concerned will send the assessment case alongwith the representation to the Addl.SE/Sr.Xen(Ops).
43.5.5: The Addl. SE/Sr.Xen/Op. will inform the consumer of the date, venue and the authority who will review the assessment made in the light of his representation in order to enable him to represent his case personally or through an authorized representative." 134.5 Competent Authorities to carry out inspection , make assessment of compensation have been described in Para-2 of the Schedule of COS(reproduced below):- "2 Authorized Officers: Following officers of the Board shall be competent to carry out checking/ inspection and testing of the electrical installation at the consumer's premises:-
2.1 : Officers authorized to make assessment of compensation: Following officers of the Board shall be competent to approve the calculations and arrive at the amount of compensation chargeable to the consumers as a result of checking and inspection of the metering equipment and the electrical installations at the consumer's premises:-
2.2: Copies of the approved calculations shall be retained in the office of the Competent Assessing Authority and shall also be sent to the next higher office for record. 2.3: Officers senior in rank and having jurisdiction in concerned area shall also have the powers mentioned under Column (iii) and (iv)." 135. RELEASING OF A NEW CONNECTION TO A PERSON INVOLVED IN THEFT OF ELECTRICITY: Unauthorized installation in such cases shall be permanently disconnected from Board's system and release of regular connection in such a case shall be governed by following conditions:- 135.1 If any person or a prospective consumer is found stealing energy without his connection having been released officially, he shall pay the amount of compensation charges as worked out on the basis of detected load and as per rates applicable from time to time. 135.2 For general category of tube-well applicants release of regular connection shall be allowed on its turn under the applied category after recovering charges as per terms and conditions of SFS. For other AP priority category (to be released under SFS) connection shall be released after re-assigning the seniority by taking the deemed date as six months after the actual date of registration. 135.3 For General, Industrial and Bulk Supply applicants only seniority shall be reassigned by taking the deemed date of registration of application six months after the actual date of registration. 135.4 In order to obiviate the possibility of such consumers getting the electric connections at some other premises/place, electric connections( new/extension) shall be refused/deferred to those consumers who were allegedly found committing theft of energy in one premises and seek connection(new/extension) in the same/different name and style till such time consumers make payment of the compensation charges alongwith AACD as intimated to them or dispute is settled by the Court/DS and Reviewing Authority/Arbitrator as the case may be. 135.5 New Connection/Extension in load to such persons or consumers who are found indulging in theft of energy shall be released only after payment of atleast 50% compounding charges or as per directions of the special court if such an applicant has not agreed to pay the compounding charges. An undertaking to deposit the balance compounding charges as per decision of the Appellate Authority/Arbitrator shall be submitted by such applicant. 136. RECONNECTION OF SUPPLY TO CONSUMERS CAUGHT STEALING ENERGY: 136.1 Reconnection where FIR is lodged: Premises of a consumer who has been caught stealing energy either by the Sr.Xen/ASE(Enforcement) or the Operational staff and whose case has been handed over to the Police for investigation and prosecution, will be reconnected if a specific request is received from him and he fulfills the following formalities:- 136.1.1 Those parts of the Board's/Consumer's installation which are required to be removed for evidence by the Police, may be removed and their substitutes provided by the respective owners(Board or consumer) to whom these parts belongs. 136.1.2 An undertaking be obtained from the consumer that the connection of his premises will be without prejudice to the case instituted against him by the Board/ the Police and subsequent trial in the Court of law and decision thereof. 136.1.3 One time additional ACD at the current rates will be got deposited. 136.1.4 Consumer shall pay to the Board, the amount of compensation as per provisions of Condition No.43.6 of conditions of supply reproduced below:- "43.6:- Reconnection of Supply:- Engineer-in-Chief/Chief Engineer/Ops (where the assessed compensation exceeds Rs.1 Lac and Dy.CE/SE(Ops) (assessed compensation amount up to Rs..1 Lac can allow restoration of supply after accepting a part of the assessed compensation as under:- Assessed compensation including AACD : Amount of part payment 1. Up to Rs. 1 lac : 33% of the Assessed compensation 2. Exceeding Rs.1 lac : 33% of the Assessed compensation subject to a maximum of Rs.50 lacs 43.6.1:- If the consumer is unable to make the part payment as prescribed in the preceding Para and the Engineer-in-Chief/CE(Ops) is of the view that further relaxation is called for on the facts and circumstances, such a case shall be promptly put up to the Spot Review Committee, after getting approval of Member Incharge Commercial Organization. The consumer shall be informed of the minimum amount which he is required to deposit for securing reconnection of supply. 43.6.2 :- In order to expedite the reconnection of supply the consumer may contact the CE /Dy.CE/SE/ (Ops) after the office hours or even on holiday/non-working days. 43.6.3:- As soon as the consumer makes the payment of a part of the assessed amount of fine as communicated by the CE/SE/Dy CE(Ops) and the reconnection fee, his premises will be reconnected expeditiously. 136.2 Laxity in sealing the meters: Operation Officers/Officials who are required to affix and check the seals of metering equipment should taken due care while affixing seals. n case the seals affixed by them are found to be intact by Enforcement Staff/Checking authorities, but the consumer is found to be indulging in theft of energy or meter is found to be recording less due to wrong connections, this situation shall betaken as intentional connivance of such officer/official and he will be held fully responsible for the consequences thereof. Without prejudice to above suitable disciplinary action should be taken against the officer/official concerned as per normal rules. 136.3 Reconnection of supply to industries producing perishable goods: if a consumer dealing with perishable goods e.g. cold storage caught indulging in theft of electricity makes a request for review of the compensation amount and restoration of supply, the review should be completed within 24 hours from the receipt of the request to avoid damage to goods. Similarly for continuous process industries disconnection maybe avoided for the Ist default if the consumer pays onetime AACD and 50/33% of the amount of compensation assessed. In case the connection has been disconnected, reconnection maybe allowed in terms of Para 136.1 136.4 Reconnection of Supply after 2nd and subsequent default: Depending upon the merits of the case FIR may invariably be lodged in respect of a consumer who is repeatedly found to be indulging in theft of energy. Supply for 3rd and subsequent defaults should be restored after the full payment of the provisionally assessed compensation and atleast 100% additional ACD at the prevalent rates. 136.4.1 In such a case the consumer should also be informed that if there is any further repetition of the offence, it shall entail termination of the agreement under condition No.20.5 of the C.O.S. 136.5 Seizure of Evidence: Although the supply shall be restored after the consumer has made the payment as per the preceding paras and has also complied with the formalities yet the artificial means including metering equipment where cases of tampering of meters/ME seals are involved shall be kept in " AS FOUND CONDITION" in safe custody of AE./AEE/XEN(Ops). till the final decision of the case. 136.5.1 All the meters removed against any meter change order(MCO) shall be sent to ME Labs, in the sealed card-Board box duly signed by concerned PSEB officers/official and the consumer or his representative. In case the consumer refuses to sign the meter test results/report, such meter shall be kept in the sealed box by the AE./AEE/XEN(Ops). operation till the final disposal of the case. If the consumer deposits the compensation amount without going to the Dispute Settlement Committee or Civil courts such sealed meter shall be returned to the ME Lab. Similar procedure shall be adopted in case of meters sealed by the Enforcement Agency/Operation Organization in theft cases. 137. PREJUDICIAL USE OF SUPPLY, RESALE OF ENERGYAND MALPRACTICES: 137.1 Prejudicial use of Supply:- In terms of condition no.40 (reproduced below) of the COS following acts on the part of the consumer shall constitute prejudicial use of supply. 40.1 he keeps connected to the Board's supply system any apparatus which the Board may deem to be likely to interfere with or effect injuriously the Board's supply to other consumers. 40.2 he keeps except in the case of domestic supply and also except to the extent herein prescribed unbalanced loading on the three phases of the supply taken by him from the Board, the maximum permissible difference in current between any two phases being 5 percent. 40.3 he makes such use of the supply given to him by the Board as to interfere with the safety or efficient working of the Board's supply lines or other works or to act prejudicially to the Board in any manner whatsoever. 40.4 any AP/Industrial consumer is found running his three phase motor(s) for tubewell/industrial purposes during the period when single/two phase supply is provided in rural areas for lighting/fans, the supply shall be disconnected forthwith. The penalty @ Rs.400/- per BHP shall be levied before restoration of supply. 137.1.1 A consumer classified in a particular schedule of tariff found using electricity for a purpose for which rate of tariff is higher than that at which the load was released shall be called upon to:- 137.1.1.1 Disconnect higher tariff load and submit test report. 137.1.1.2 Pay on higher tariff for the electricity consumption corresponding to the load which otherwise would have been charged at the higher rate, for a period of one year or from the last checking date of Flying Squad whichever is less. This shall apply to all cases except for the ones mentioned in 137.1.1.3 & 137.1.1.4 below:- 137.1.1.3 An Industrial consumer who has unauthorized load and is charged load surcharge under the relevant clauses of the tariff schedule, shall not be required to pay at the higher tariff schedule for the energy consumption, if by virtue of the unauthorized load the applicability of the tariff schedule changes. 137.1.1.4 Also with the abolition of the extra charges for factory lighting the use of industrial connection for colony/yard, security/guard room and a guest house etc. forming part and parcel of the industrial unit shall not be covered under prejudicial use of electricity but such a load if found in excess of the total sanctioned load shall be required to be disconnected and shall call for levy of load surcharge as per the instructions inforce from time to time. 137.2 Resale of Energy: Cases pertaining to resale of electricity shall be disposed off in terms of condition No.41(reproduced below) of the C,O.S. 41:-Resale of Energy: No consumer shall sell electrical energy supplied to him by the Board to any other person without the prior written permission of the Board. However, collection of electricity charges by the house owners from the tenants for residential purposes shall not be treated as violation of the foregoing provisions. Use of electricity by more than one establishment in the same premises as provided under condition No.19.4 shall not be deemed as resale of electricity. 137.3 Malpractices: Cases pertaining to malpractices shall be disposed off in terms of condition No. 42(reproduced below), 44 of the C.O.S already reproduced in Para 133 and Para No.4 of the schedule reproduced hereunder:- 42:- Malpractices: A consumer shall be guilty of an act of malpractice with reference to the use of electric energy supplied by the Board: 42.1: Where he uses energy in contravention of any provisions of the Indian ElectricityAct,1910 or of the Electricity(Supply) Act, 1948 or any of the rules or regulations made under these acts or of any contract made under these conditions, as relate to or regulate the supply of energy to the Board,or 42.1.1:-Where he fails to take adequate measures to check pollution of electric supply due to harmonics generated in the induction/arc furnace etc. 42.2:- Where he engages unauthroizedly in the supply of electricity to any service disconnected by the Board, or in the illegal restoration of his own service disconnected by the Board or 42.3:- where in categories of non-domestic supply, bulk supply he connects extra load unauthroizedly . However, industrial consumers making unauthorized extensions to the extent mentioned hereunder, or that prescribed under the board from time to time, will not be disconnected and will not be subjected to load surcharge. 42.3.1:-LS consumers-10% of sanctioned load subject to maximum .of 250 KW 42.3.2:MS consumers-10% of sanctioned load(for consumers with sanctioned load up to 90 KW) 42.3.3: SP consumers-10% of sanctioned load(for consumers with sanctioned load up to 18 KW) 42.3.4:For MS and SP consumers with sanctioned load above 90 KW and 18 KW, the extra load permissible will be to the extent that the sanctioned load together with the unauthorized load does not exceed 100 KW and 20 KW respectively. 42.4 Where he does not comply orders imposing restriction on use of electricity either during peak load hours or during any other period. 42.5 Where he keeps connected to Board's supply system any apparatus or adopts any electrical appliance for the purpose of splitting the phase to run his three phase appliances when the Boards three phase supply is not available to him. 42.6:Where he uses electricity supplied under a particular tariff for a purpose for which some other tariff is in force, or. 42.7:Where without the permission of the Board extends the Board's supply to any premises other than the premises to which the supply is given or to any consumer/unit within the same premises. Provided, that the extension of Board supply for a religious or non commercial social function of the consumer himself not exceeding three days, shall not be considered a malpractice. 42.8:Where in violation of Condition No.41 he sells or otherwise supplies energy to any other person without the permission of the Board. Provided, that the collection of electricity charges by the owner of the premises(consumer) from his tenant under domestic, non-domestic and bulk supply shall not be considered as a malpractice. 42.9:Where he assigns, transfers or parts with the benefit of the agreement with the Board or creates any partial or separate interest thereunder:- 42.10:Besides disconnection of supply as provided in the Schedule, the consumer shall also be liable to compensate the Board in terms of the provisions of conditions No.43.3 to 43.10 read with the schedule." "4 Compensation for Violations/Malpractices: Only those violations /malpractices for which compensation/surcharge has not been ;provided in the Schedules of Tariff but for which compensation charges or extra levy are payable by consumers are dealt with in this schedule. However, compensation charged for violation/malpractices covered under the Schedule of Tariff will be subject to review/appeal as per the provisions of the Schedule. 4.1 Compensation for Malpractices not covered under Schedule of Tariffs: A consumer shall pay compensation charges for the following malpractices covered under condition Nos.41 and 42 of "Conditions of Supply" as determined by the Board. Supply of electricity from a live service connection to a disconnected service connection. Unauthorised supply/resale of electricity as defined under condition No.41 Unauthorized extension/shifting to any premises other than that for which supply is given. The violation should be removed within 48 hours from the receipt of the notice and compliance reported to the AE./AEE/XEN(Ops). concerned The consumer should compensate the Board by making payment @ Rs.750/- ( or as revised from time to time) per K W or a part thereof of the unauthorized load. Supply of electricity from a tube well connection to a disconnected connection. Unauthorized supply/resale of electricity from a tube well connection. Unauthorized shifting of connection to a premises other than that of the consumer. The connection maybe disconnected under intimation to the consumer. If requested by the consumer, it may be restored to its original site after the consumer pays the re-shifting charges. Where the consumer assigns, transfers or prts with the benefits of the connection unauthroizedly, the consumer should be served with a notice of 7 days to remove the violation failing which he may be billed at a rate 50% in excess of the normal tariff applicable to him. 50% higher charges shall continue until the malpractice is stopped or the Board regularizes the action of the consumer. 4.2 Procedure for recovering the compensation charges and removal of malpractice: 4.2.1 On detection of violation/malpractices covered under Condition No.41,42 the AE./AEE/XEN(Ops). will issue supplementary bill-cum-notice to the consumer to remove the violation within 48 hours under written intimation to him failing which the supply shall be disconnected without any notice. The consumer should also be asked to show cause within 15 days as to why compensation charges intimated to him should not be levied to him and recovered for having committed the malpractice. Reply to show cause notice shall be sent by the consumer within 15 days from the receipt of the notice. 4.2.2 If the consumer fails to remove the violation within 48 hours, supply to his premises should be disconnected promptly. It should not be restored unless he removes the violation and deposits 33% of the compensation amount as is applicable for theft of electricity cases. 4.3 Review and Appeal: Procedure outlined in Condition No.44 shall be applicable. 4.4 Multiple Violations: if a consumer commits more than one violation/ malpractices, at the same time, he shall be liable to pay compensation for each of them separately. 137.4 Discontinuance of Supply: Discontinuance of Supply in the event of prejudicial use of supply/malpractices will be regulated by the provisions of Condition No.35.3( reproduced hereunder) of COS. 35.3.1 : Whereon an inspection made under Condition 40,42 and 43 the Authorized officer is of the view that the consumer has committed an act of prejudicial use of supply, malpractice, or theft of energy, the Authorized officer shall have the authority to disconnect the supply of energy to the consumer forthwith and without any notice to the consumer, provided that no such disconnection shall be made. 35.3.1.1: Where the act of malpractice committed by the consumer falls under the malpractice defined under condition 42.6 to 42.10 without serving a 48 hours or 7 days notice, depending upon the urgency of the matter, upon the consumer to stop the commission of the malpractice, and if the consumer does not comply with the requirement of the notice, the disconnection shall be done without any further notice. 35.3.2 :Save as otherwise provided in Para 35.3.1.1 above, the service of a consumer disconnected under clause 35.3 above shall be reconnected upon. 35.3.2.1: Payment by him to the Board an amount equal to 100% of ACD(as communicated by the Board) applicable to him as per present rate and 33% of the assessed compensation amount, subject to maximum of Rs.50 lacs. 35.3.2.2: Compliance by him with such directions for the discontinuance of the act of malpractice, or theft of energy as the case may be, as the Authorized officer may, by order in writing, communicate to the consumer in this behalf. 35.3.2.3: Reconnection of supply for cases covered under Para 42.6 to 42.10 will be carried out after the consumer has ceased to default to the satisfaction of the Board. 137.5 Compensation admissible for prejudicial use of Supply: Board will be entitled to compensation in terms of Condition No.34 of COS in the event of any damage caused to the Board's apparatus owing to default on the part of the consumer in terms of condition No.40 and 42. 138. RECORDING OF CASES OF THEFT OF ENERGY/MALPRACTICES: 138.1 Monitoring of levy and recovery of compensation amount: in order to monitor the compensation recoverable from the consumer on account of detection of theft of energy, entries of compensation amount be made in a job control register(JCR) to be maintained in the operation sub-division. JCR will be issued from the divisional office, the record of which will be maintained like S.M.B. This register will be properly numbered at the time of issue and attested by Sr.XEN/ASE . The entries in the JCR shall be made as per the prescribed proforma. After the entries are recorded and signed by the concerned officer, the notice shall be served to the consumer by the AE./AEE/XEN(Ops). for depositing the required compensation amount under intimation to Sr.XEN/ASE(Ops)/ SR.XEN/ASE(Enf.)/ O/Field/Sr.XEN/ASE CBC) and SE/DCE(Ops)/Enforcement. 138.1.1 All recoveries effected from the consumer shall be recorded in the JCR. Till such time the entire assessed amount is realized, the same shall be considered as a disputed amount and shall be reflected as such. A return of al such cases shall be submitted every month through the SE./DCE(Ops) to Director Enforcement, Chief Engineer Enforcement and CE(ops) on the prescribed proforma. This return shall for a part of MIR and shall be reviewed by the Board in its periodical meetings. 138.2 This register shall be handed over by the concerned official/officer to his successor. 138.3 Inspecting officers during their inspection shall ensure that these registers are being maintained and proper follow up action is being taken expeditiously. 138.4 The compensation amount shall be debited to the consumer through a separate bill after recording necessary entry in the sundry charge and allowances register (SOP-6). The recoverable amount shall be split up for the current year and the previous year. The amount shall be considered as disputed amount until the same is deposited by the consumer. In theft cases where the consumer has gone to the court and has obtained stay orders against the recovery. the entire amount shall be shown as disputed amount. However, in cases where the consumer has opted for settlement through DSC, 33% amount or as decided by the competent authority shall be recovered through SC &A register and the balance amount shall be shown as disputed amount till the decision of DSC and payment by the consumer. 138.5 SE/Dy.CE Ops concerned shall maintain list of such consumers in respect of Agricultural and Industrial consumers. For other categories the list shall be maintained by AE./AEE/XEN and Sr.XEN/ASE(Ops) concerned. 139. RESPONSIBILITY OF OPERATIONAL STAFF TO CHECK 'THEFT OF ENERGY': 139.1 Officer/Officials(Ops) who are required to check and seal the metering equipment should taken due care while affixing seal to the meter/metering equipment. If the seals affixed by them are found to be intact by Enforcement Staff./Inspecting Officer(s) and the consumer is found to be indulging in theft of energy or meter is found to be recording lower consumption due to wrong connections, it shall be taken as intentional connivance of such an officer/official and he will be held fully responsible for the consequences thereof. Disciplinary action, as permissible under rules, shall be taken against the said officers/officials. 139.2 The following officers/officials will be held responsible with respect to the specified category of connections as detailed below-
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