section 5
Assessment
The Madhya Pradesh Urja Adhiniyam, 2001General200110 sections
Statutory text
- (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of energy, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.
- (2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. The person so served shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who may, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment of the electricity charges payable by such person.
- (3) Any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the Electricity Utility within 7 days of service of such provisional assessment order upon him. In case the person deposits the assessed amount he shall not be subjected to any further liability or any action by any authority whatsoever.
- (4) If the assessing officer reaches to the conclusion that unauthorized use of energy has taken place, it shall be presumed that such unauthorized use of energy was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately preceding the date of inspection for all other categories of services, unless the onus is rebutted by the person, occupier or possessor of such premises or place.
- (5) The assessment under this Section shall be made at a rate equal to one-and-half times of the tariff rates applicable for the relevant category of services.
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