AI Overview...
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Assessing Officer under Section 126 - The Assessing Officer is authorized to inspect premises of a consumer to identify unauthorized use of electricity. Inspection must be conducted by a designated officer, who should be satisfied with the findings before proceeding with assessment. The officer's role includes conducting inspections, recording findings, and making provisional assessments if unauthorized use is detected Shiv Alloys Steel VS Assam Power Distribution Company Limited - Gauhati, Synergy Polypacks Pvt. Ltd. , Dhanbad VS Jharkhand State Electricity Board, Ranchi - Jharkhand, Kanyaka Fine Weld Ltd, Rep by its Manager TMT. Malathy VS Superintending Engineer II Assessing Officer Electricity Department Government of Puducherry - Madras, CESC Limited VS Deputy Chief Engineer-Customer Relation Management Cell And Appellate Authority - Calcutta, Orion Metal Pvt. Ltd. VS West Bengal State Electricity Distribution Company Limited - Calcutta, PASCHIM GUJARAT VIJ VS PARAS SHIP BREAKERS - Gujarat.
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Inspection Authority and Procedure - The law mandates that inspections be carried out by an Assessing Officer, who must be a member of the inspection team. The assessment process involves inspecting the premises, collecting evidence, and establishing unauthorized use without necessarily establishing consumer intent. The presence of the Assessing Officer during inspection is not always mandatory, but their role is crucial for valid assessment Kanyaka Fine Weld Ltd, Rep by its Manager TMT. Malathy VS Superintending Engineer II Assessing Officer Electricity Department Government of Puducherry - Madras, M/S.AUTUMN TREES Vs K.S.E.B - Kerala.
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Legal Validity and Challenges - Provisional assessments based on inspections are valid if conducted properly. Orders passed by inspectors or electrical authorities can be challenged in courts, but courts generally uphold assessments if procedures are followed correctly. Courts have also clarified that assessments can be made without the consumer's presence and that the Assessing Officer's findings are binding unless proven illegal or arbitrary Executive Engineer, (O & M) P. G. V. C. L. VS Hitech Investment and Casting Limited - Gujarat, K. A. Azeez, S/O. Late K. Abdu VS Kerala State Electricity Board Vydhyudhibhavanam - Kerala.
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Role of Inspection and Assessment - The inspection is a critical step, but the law does not strictly require the Assessing Officer to be physically present during every inspection, provided the inspection is conducted by authorized personnel and proper procedures are followed. The assessment of unauthorized use can be made based on inspection reports and evidence collected during inspection Shiv Alloys Steel VS Assam Power Distribution Company Limited - Gauhati, M/S.AUTUMN TREES Vs K.S.E.B - Kerala.
Analysis and Conclusion:
The Assessing Officer under Section 126 of the Electricity Act, 2003, is empowered to inspect premises and assess unauthorized electricity use. While the inspection must be conducted by an authorized officer—preferably a member of the inspection team—the law does not mandate the officer's presence at the exact time of inspection in all cases. Proper procedures, documentation, and evidence collection are key to the validity of assessments. Courts have upheld assessments made through proper inspection processes, even without the officer being physically present during the inspection, provided legal requirements are met.
Search Results for "Assessing Officer under 126 can do the Inspection of Premises of Consumer"
2021 0 Supreme(Gau) 318 • India - Gauhati
PRASANTA KUMAR DEKA
use of electricity" after an inspection of any place or premises of a consumer and final order of assessment of electricity charges ... supply - Inspection report – Challenged - Whether provisional assessment by assessing officer against act of indulging in "unauthorized ... payable by such consumer under Section 126 (3) is restricted only to such "unauthorized use of electricity" where there is no allegation ... It stipulates that if the a....
2008 0 Supreme(Jhk) 1103 • India - Jharkhand
D.G.R.PATNAIK
Electricity Act, 2003 – Section 126 – alternative remedy available against final assessment – writ not maintainable – writ application ... Ajit Kumar, learned counsel for the petitioner submits that as per the provisions of Section 126 of the Electricity Act, if on inspection of the premises the Assessing Officer of the Board comes to a conclusion that the Consumer has been indulging in unauthorized use of electricity, the Assessing Officer....
2013 0 Supreme(Mad) 252 • India - Madras
K.K.SASIDHARAN
The Executive Engineer, who inspected the premises on 9 November 2011 was later notified as the assessing officer. ... The Electricity Regulation mandates that the inspection should be conducted by the Assessing Officer and he should satisfy that the ... Officer for a particular area or for a particular type of consumer is a mandatory requirement. ... ... (ii) The Assessing Officer, if required to do so, shall pro....
2019 0 Supreme(SC) 906 • India - Supreme Court
R.BANUMATHI, R.SUBHASH REDDY
and 135 – Unauthorised use of electricity (Power theft) – Provisional assessment – After inspection ... A perusal of the aforesaid provisions and on giving a conjoint reading of the same, it appears to us that after an inspection of any place or any premises of any consumer, when Assessing Officer comes to a conclusion that the consumer is indulging in unauthorized use of electricity, the provisional assessment ... Assessment:-(1) If on an inspection#HL_END....
2011 0 Supreme(Cal) 166 • India - Calcutta
JYOTIRMAY BHATTACHARYA
ELECTRICITY ACT - Unauthorized Use - Assessment of Charges - Inspection - Seizure of Materials - Authority of Assessing Officer ... the same premises. ... Officer under Section 126 of the Electricity Act, 2003. ... It was held therein that it will be possible to read Section 126 to mean that the Assessing Officer need not restrict himself to the inspection carried out personally by the Assessing #....
2017 0 Supreme(Guj) 1848 • India - Gujarat
RAJESH H.SHUKLA
given by appellate authority – as per the facts of the case consumer was given supplementary bill for using unauthorized electricity ... – further, consumer was using one electricity connection for two adjoining plots without permission – court while confirming order ... Constitution of India, 1950-Arts. 226 & 227-Electricity Act, 2003 (36 of 2003)-Sec. 126 – This petition is filed challenging order ... Section 126(1) refer to Inspection and the Assessing Officer is r....
2016 0 Supreme(Cal) 648 • India - Calcutta
I.P.MUKERJI
- VALIDITY - MEMBER OF INSPECTION TEAM - APPOINTMENT AS ASSESSING OFFICER. ... Section 126(1) of the Electricity Act, 2003, must be interpreted to mean that the assessing officer must be a member of the inspection ... The court interpreted Section 126(1) of the Electricity Act, 2003, to mean that the assessing officer must be a member of the inspection ... This assessment/proceedings would commenc....
2010 0 Supreme(Guj) 138 • India - Gujarat
SUDHANSU JYOTI MUKHOPADHAYA, AKIL KURESHI
quashed - orders passed by the Electrical Inspector to the extent same are against the Electricity Company, need to be quashed - Consumer ... Electricity Act, 2003 (36 of 2003) - Section 126(b) - Letters Patent Appeal has been filed by the Electricity ... Section 126 of the Act authorizes the Assessing Officer to make provisional assessment of electricity charges payable by the consumer or any other person benefited by unauthorized use of electricity if on inspection ....
2021 0 Supreme(Ker) 378 • India - Kerala
SHAJI P.CHALY
Officer has committed any act of illegality or arbitrariness in passing Ext.P9 order dated 27.01.2010 justifying this Court to interfere ... KSEB Terms and Conditions of Supply, 2005 is ultra vires of the Act, 2003 cannot be sustained under law. – Court do not think, the Assessing ... Constitution of India, 1950 – Article 226 – Electricity Act, 2003 – Sections 126, 127 – KSEB Terms and Conditions ... (a) Assessment. – If on an inspection of any place or premises or after inspection of....
2017 Supreme(Online)(KER) 38065 • India - High Court of Kerala
A. K. Jayasankaran Nambiar, J
during inspection is not mandatory and that the unauthorized use of electricity can be assessed without establishing consumer intent ... officer. ... Finding of the Court: The court referenced a prior judgment which clarified that the presence of an assessing officer ... For the reasons stated hereinbefore, we hold as follows: (i) The presence of the assessing officer at the time of inspection and detection of unauthroised use of electricity in the....
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