Electricity Leakage Control Rules, 2059 (2002)

Chapter – 1
Preliminary
1. Short Title and Commencement:

(1) These Rules may be called the “Electricity Leakage Control Rules, 2059 (2002)”.
(2) These Rules shall come into force immediately.
2. Definition: Unless the subject or the context otherwise requires, in these
Rules,-
(a) “Act” means the Electricity Leakage Control Act, 2058 (2001).
(b) “Investigation and Inquiry” means the investigation and inquiry pursuant to Chapter-3 of the Act.

Chapter – 2  Information of Offence
3. Information of Offence :

(1) If any person knows the fact that the offence pursuant to Section 7 of the Act has been committed or is being committed or is going to be committed, he/she shall have to give a written information thereof in the format pursuant to Schedule-1 to the immediate distributor as soon as possible setting out content including material evidence, if any, to the extent that he/she has possessed or he/she has known or he/she has seen and learnt with regard to such offence.
(2) Any person who is giving information pursuant to Sub-rule (1) shall have to set out, as far as possible, the following facts:
(a) date, time and place when and where the offence has been committed or is being committed or is going to be
committed,

(b) name, address and identification mark of the person who  has committed the offence,
(c) mode of the offence and goods, equipment and other particulars related with the offence,
(3) In case anyone has orally given information of the offence pursuant  to Sub-section (1), the distributor shall have to maintain records in the format  pursuant to Schedule-1 setting out the facts stated by the informer and also the
facts pursuant to Sub-rule (2).
(4) Information pursuant to Sub-rule (1) may also be given through telephone, fax and e-mail. Distributor shall have to maintain records of the information so received in the format pursuant to Schedule-1 and take necessary action.
(5) If the concerned Inspector has submitted a report stating that the offence has been committed or is being committed while holding inspection in the house, building and place of customer or consumer on behalf of distributor, the facts as set forth in the said report shall have to be considered as information of the offence and maintained in the records in the format pursuant to Schedule-1.

(6) The distributor shall have to register the information received  pursuant to Sub-rules (1), (3), (4) and (5) in the Registration Book maintained in the format pursuant to Schedule-2. Provided that, in case the information so received is out of the jurisdiction of the distributor or Investigating Officer, such information shall  have to be sent to the concerned distributor or Investigating Officer.
(7) The informer shall have to be given the receipt in the format pursuant to Schedule-3 upon registration of the information of offence pursuant to Sub-rule (6).
(8) Name and address of the informer and the content of the information so given by him/her shall be maintained confidential pursuant to this Rule.

Chapter – 3
Investigation and Inquiry
4. Investigation and Inquiry :

(1) The Investigating Officer shall have to initiate action of investigation and inquiry as soon as possible after receipt of information of the offence by the distributor pursuant to Rule 3.
(2) Necessary assistance of immediate Police, Local Administration and Local Body may be taken while making investigation and inquiry pursuant to Sub-rule (1).
(3) The Investigating Officer shall have to make necessary inquiry with the offender while making investigation and inquiry and maintain in writing the facts expressed by the said person by getting it signed. In case the Offender has
refused to sign, the said content shall have to be recorded.

(4) While making investigation and inquiry, the Investigating Officer  shall have to prepare the deed of public inquiry setting out the following facts:
(a) description of the person committing the offence and person involved in the offence,
(b) date and place of commission of the offence and mode of the offence,
(c) goods, equipment and other particulars related with the  offence.
(5) If there is reasonable ground to believe that goods or equipment related with the offence exist at any place while making investigation and inquiry by the Investigating Officer, he/she shall have to capture such goods and equipment related with the offence, if so found, by entering into the said place and prepare two copies of inquiry deed of such goods and hand over one copy of the said deed to the concerned person and keep other copy enclosed
along with the file.

(6) There shall be required to be presence at least of one member of Ward Committee of the concerned Village Development Committee/Municipality, three local persons and the person so related with the offence to the extent he/she has been found while conducting public inquiry pursuant to Sub-rule (4) and preparing inquiry deed pursuant to Sub-rule (5) by the Investigation Officer.

Provided that it shall not be deemed to be restrained to prepare inquiry deed pursuant to Sub-rule (5) or deed of public inquiry only on the ground of the absence of the person so involved in the offence or member of Ward
Committee of Village Development Committee or Municipality.

5. Order of Fine : While imposing fine pursuant to Sub-section (4) of Section 12 of the Act on the person who has placed obstacles at the time of investigation and inquiry, the Investigating Officer shall have to issue an order in the format pursuant to Schedule-4.

6. Opinion of Expert May Be Taken : While making investigation and inquiry the Investigating Officer may take opinion of expert on the matters related with the offence as and when required.

Chapter – 4
Assessment of Unit of Stolen Electricity
7. Method for Assessing Unit of Consumed Stolen Electricity : In case electricity has been found to have been stolen by customer or consumer while making investigation and inquiry, the Investigating Officer shall compute and
assess the unit of electricity consumed by estimating the operation of each electronic equipment planted in house or building of such customer or consumer as set forth in Schedules 5 and 6 during the period of the last one
year for evaluation of loss and damage caused to the distributor by such offence.

8. Computation and Assessment May Be Made by Making Variation : (1) Notwithstanding anything contained in Rule 7, the Investigating Officer may, in the following circumstances, compute and assess consumed unit of electricity by making variation on hours and period of operation assessed pursuant to Schedules 5 and 6:-
(a) If the Investigation Officer is satisfied with the following evidence produced by the person so accused of the
offence,

(1) the electronic equipment used by him/her has been operated for a period less than last One year or
such equipment have not been operated since last some time,
(2) period of one year has not completed from the date of electricity planted,
(3) one year has not completed from the date when  assessment of unit of electricity has been made with
the charge of stealing electricity before this.
(b) If there is reasonable ground to believe that the electronic equipment planted by the person so accused of the offence has been operated more than the hours and period of operation pursuant to Schedules 5 and 6.
(c) If the person accused of the offence has operated by using other electronic equipment et al, except the electronic
equipment as set forth in Schedules 5 and 6. While estimating unit of electricity consumed by the electronic
equipment pursuant to this clause, it shall have to be assessed on the basis of proper demand factor, load factor, operation-hour and period.
(2) In case where capacity has not been mentioned or erased in the electronic equipment or capacity is not reliable even though it has been mentioned, the Investigation Officer shall have to assess by holding technical examination over such equipment.
(3) While computing the time pursuant to Sub-rule (1), the period more  than one year shall not be computed.
(4) In case where inspection has been made on behalf of distributor in the last One year as to whether electricity is stolen or not, the period prior to the date of so inspection shall not be computed.

9. On Condition that Current Transformer (C.T.) or Potential Transformer  (P.T.) or Both of Them Have Been Planted : (1) Notwithstanding anything contained in Rule 8, in case where electricity has been stolen through the  following manner in a house or building where energy meter to be used through current transformer or potential transformer has been planted, unit of electricity consumed by stealing in such manner shall be computed and
assessed on the basis of engineering principle:-
(a) current transformer or potential transformer or one or both  out of these two wires have been disconnected or
connected topsy-turvy or burnt, or (b) other technology has been followed.
(2) Evaluation of the highest demand of time of stealing shall also be made on the basis of engineering principle.
(3) In case unit of stolen electricity could not be assessed pursuant to Sub-rule 2, demand shall be fixed on the basis of the demand which is the  highest during the period from the last month of discovering the fact of stealing
electricity to the last One year or the period of one year before this and unit of electricity consumed by stealing shall be assessed on the basis of the following  formulae:-
Unit of electricity consumed = Highest demand x load factor x hour/day
x day / per year.

10. Unit of Electricity Consumed : The unit of electricity fixed in assessing and computing by the Investigating Officer pursuant to Rules 7, 8, and 9 shall be deemed as the unit of electricity consumed by the customer or consumer so accused of the offence.

Chapter – 5
Assessment of Loss and Damage
11. Actual Loss and Damage :

(1) The amount so remained due and payable after  deducting the amount paid to the distributor by the person accused of the offence in the said period from amongst the total amount payable to the distributor for total unit of electricity assessed pursuant to Rule 10 shall be  deemed as actual loss and damage.

(2) For the purpose of computing total amount payable to the  distributor pursuant to Sub-rule (1), electricity tariff rate prevailing at the time of commission of offence shall have to be made basis.

12. Minimum Amount of Loss and Damage : Notwithstanding anything  contained in Rule 11, in case where value for loss and damage is less than One Thousand Rupees while evaluating it in assessing unit of consumed stolen
electricity by the person so accused of the offence, minimum One Thousand Rupees shall have to be fixed for such loss and damage.

13. Records of Investigation and Inquiry : In the course of investigation and inquiry, the Investigating Officer, after registration of the information of the offence, shall be required to prepare, in the format of Schedule-7 all the
documents including copy of order if order of fine has been issued against any  body, interrogation, deed of public inquiry and other inquiry deed and records of computation of unit of leaked (stolen) electricity, records of activities that amount of loss and damage and compensation have been assessed and attach themselves along with the file of investigation and inquiry.

14. To Give Information of Loss, Damage and Compensation : The Investigating Officer shall have to give information in the format pursuant to Schedule-8 to the person so accused of offence or association setting out the
description of loss and damage fixed pursuant to Rule 11 or 12 and compensation so payable therefor.

Chapter – 6
Review
15. Review :

(1) Any person or association dissatisfied with the decision of the  Investigating Officer may submit an application before the concerned distributor for review within Thirty Five days from the date of receipt of  information of decision.
(2) While submitting the application for review pursuant to Sub-rule
(1), the concerned person may submit the application for review before the  distributor directly or through the Investigating Officer against the order made by such Investigating Officer.
(3) While submitting the application for review against the decision made by the Investigating Officer, the concerned person shall have to submit  such application in the format pursuant to Schedule-9.
(4) The application for review shall include documents as follows:
(a) certified copy of the notice given by the Investigating  Officer pursuant to Rule 5 or 14,
(b) material evidence in order to prove his/her own statement,
(c) if any amount has been paid so payable pursuant to action, evaluation and order of punishment, receipt or slip
thereof.
(5) The concerned Officer shall have to forward appeal submitted through the Investigating Officer pursuant to Sub-rule (2) to the distributor within seven days.
(6) In case the application for review is not as per the rules, the distributor shall have to give notice of rejection of such application to the concerned person or association.

16. Decision of Review :

(1) The Distributor shall have to give decision on the application submitted for review pursuant to Rule 15 by paying attention towards the facts as follows:-
(a) whether fine or evaluation of loss, damage and compensation has been based on reality or not,
(b) whether grounds considered in evaluating loss, damage and compensation or imposing fine have been proved or
not,
(c) whether evaluation of loss, damage, and fine is correct or incorrect, sufficient or insufficient, or less or more.
(2) The distributor may make necessary consultation with expert on subject concerned with the offence in the course of giving decision on review.

(3) The distributor may decide to uphold or quash fine imposed to the person who has submitted application for review or loss, damage and compensation or to reduce amount of such fine or loss, damage and
compensation.
(4) File as well as decision shall have to be forwarded to the concerned Investigating Officer within seven days from the date of decision of review pursuant to Sub-rule (3).

17. Notice of Decision of the Review : The Investigating Officer shall have to give notice in the format pursuant to Schedule-10 to the concerned person or association to pay the amount of fine or loss, damage and compensation within seven days from the date of expiry of the time-limit to submit application for review, in case such application has not been submitted against the decision made by the Investigating Officer pursuant to Rule 15 and from the date of receipt of file as per the decision of the review pursuant to Sub-rule (4) of Rule 16 in case an application has been submitted for review.

18. To Postpone and Settle Action or to Lodge the Case : In case the concerned person or association has paid the amount of loss, damage and compensation within the time-limit as set forth in the notice pursuant to Rule 17, the action against him/her shall have to be postponed and settled by receiving the said  amount. In case the amount of loss, damage and compensation has not been paid, the Investigating Officer shall have to initiate action to lodge the case  setting out the said matter.

Chapter – 7  Miscellaneous
19. Compensation :

(1) In case any customer or consumer has suffered any kind  of loss and damage as the distributor or employee of the distributor has carried out the work against the interest of customer and consumer, the concerned customer or consumer may claim compensation from the distributor pursuant to Section 4 of the Act.
(2) For the purpose of assessing amount of compensation upon making inquiry into the compensation claimed by the customer or consumer with regard to the loss and damage so suffered pursuant to Sub-rule (1), a Committee shall be constituted under the a Chairpersonship of the Chief District Officer consisting of the representative of the Ministry of Water  Resource and the representative of distributor in each district.

(3) In case the committee pursuant to Sub-rule (2) has found that the customer and consumer has really suffered loss and damage upon making inquiry pursuant to the said Sub-rule, the Committee shall decide to compensate upto one hundred thousand rupees from the distributor and such decision shall be final.
(4) The distributor shall have to provide compensation within three months from the date of decision of compensation made by the Committee pursuant to Sub-rule (3).

20. Code of Conduct: (1) The distributor shall have to frame code of conduct to be obeyed by the distributor association and the employees so concerned with the said association pursuant to Section 5 of the Act and submit it to Government of Nepal.
(2) The code of conduct so submitted by the distributor shall come into force after the approval of Government of Nepal.

21. Stoppage of Supply of Electricity : (1) In the following circumstances, the distributor may stop the supply of electricity in full and partial quantity through feeder, transformer or low tension line in any area, village, Tole, and
place pursuant to Section 10.

(a) In case any customer or consumer of any area, village, Tole and place have collectively or separately stolen
electricity,
(b) In case it is not possible by the technical point of view to stop the supply of electricity of only such customer and consumer stealing electricity in the area, village, Tole and  place and pursuant to Clause (a),
(c) In case there is the possibility of creation of obstacle by breaking out riot while taking action against the customer
and consumer of such area, village, Tole and place pursuant to the Act and these Rules.
(2) The distributor shall have to publish public notice of taking such action prior to fifteen days subject to informing the residents of the area, Tole and place of the concerned Village Development Committee or Municipality in
case when supply of electricity has to be stopped pursuant to Sub-rule (1).

22. It May Be Made Public : The distributor may make public the names of the person, customers and consumers stealing electricity in the newspaper of national level for information of general public.

23. Re-connection of Electrical line : After making payment of the amount so fixed payable to the distributor by the concerned person or customer or consumer against the leaking (stealing) of electricity, the distributor shall have
to re-connect the electrical line of such person or customer or consumer as soon as possible.

24. Prize : (1) Amount at the rate of twenty percent of the total amount so paid for loss, damage and compensation fixed to be payable to the distributor by the offender shall have to be awarded as prize to the informer of the offence.
(2) In case persons to receive prize pursuant to Sub-rule (1) are more than one, the prize shall be distributed proportionately.
(3) The distributor shall provide the amount of price pursuant to this Rule only after the payment of the amount of loss, damage and compensation so payable to the distributor by the offender.

5. Manual May Be Framed : The distributor may frame and apply the Manual to carry out necessary inquiry and other activities in the context of the control of electricity Leakage.

26. Amendment and Alteration May Be Made to the Schedule : Government of  Nepal may make amendment and alteration to the Schedule of these Rules as per necessity by publishing notice in the Nepal Gazette.

Schedule – 1
(Related with Sub-rules (1), (3), (4) and (5) of Rule 3)
Information of the Offence
………………… Office Registration No:-
………………… Date of Registration:-
Subject:- Information of the Offence Given
This information is hereby given pursuant to Rule 3 of the Electricity Leakage  Control Rules, 2059 (2002) as the offence of stealing electricity has been committed as per the following manner:
(a) Date, time and place when and where the offence has been committed / is being committed or is going to be committed:-
(b) Name, address and identification mark of the person committing the offence:-
(c) Mode of the offence and goods, equipment and other particulars related with the offence:-
Matter as set forth in this information is true and correct. In case it is proved to be false, I shall pay and bear as per the laws.
Informer’s
Signature:-
Date:-
Full name:-
Address:-

Schedule – 2
(Related with Sub-rules (6) of Rule 3)
Registration Book of Information of Offence
………………… Office

Schedule – 3
(Related with Sub-rule (7) of Rule 3)
Receipt of Registration of the Information of the Offence

Information relating to the offence of stealing electricity given by Mr.  ………………………, a resident of ………………………, to this Office on ………………… in connection with the offence of stealing electricity has hereby
been registered with Registration No. ………… of the Registration book of this Office and this receipt has hereby been issued pursuant to Sub-rule (7) of Rule 3 of the Electricity Leakage Control Rules, 2059 (2002).
Seal of the Office of Distributor Registration Employee’s
Signature:-
Date:-
Name:-
Designation:-

Schedule – 5
(Related with Rules 7 and 8)
Compensation Evaluation Table
for
Domestic and Commercial Purpose

Schedule – 6
(Related with Rules 7 and 8)
Compensation Evaluation Table
for
Industrial Purpose

Note:-
1. Demand factor = Maximum demand connected load.
2. Load factor = Average demand x maximum demand
3. Consumed unit = Connected load x demand factor x load factor x hour/ day x
day/per day.
4. While computing, 30 days shall be deemed as one month, 365 days as one
year.
5. Standby equipment shall not be included while computing the load.
6. While computing the load, one H.P. shall be taken equivalent to 0.75 K.W.
and one K.V.A equivalent to 0.8 K.W.
7. While computing the electricity consumed of the month when meter closed in
normal condition, the consumption of the month when meter so closed shall be
computed by taking average consumption of consecutive previous three months
excluding the month prior to the month when meter so closed. For example,
the consumption of the month of Chaitra (March/April) shall be computed by
taking average consumption of Marga (Nov./Dec.), Poush (Dec./Jan.) and Magh
(Jan./Feb.).

8. In case demand meter closed in normal condition or there is default in the
meter, demand shall be computed as follows:
(a) Demand of the previous month excluding the month when meter so
closed or default so found shall be taken.

(b) In case of failure to compute demand as set forth in above, 80 per cent
demand of accepted load shall be fixed.

Schedule – 7
(Related with Rule 13)
Records of Investigation and Inquiry
………………… Office
1. Description of Customer:
(a) Customer No.:- (b) Name of Customer:-
(c) Block No.:- (d) Tole:-
(e) Ward No.:- (f) Municipality/V.D.C.:-
(g) Approved capacity:-
2. Description of meter:
(a) Ampere:- (b) Volt:-
(c) Phase:- (d) Meter reading number:-
(e) Demand:- (f) Meter manufacturer:-
(g) S. No.:- (h) Year of manufacturing:-

3. Seal Description:

4. Mode of the offence:-
5. Structure of house:-
(a) Concretely built:- (b) Tile:-
(c) Thatch:- (d) Floor number:-
(e) Total room number (except bathroom):-
6. Equipment operated through electricity installed in the house of customer:-

7. Other description :-
8. Compensation Evaluation Table:-

(a) Amount of loss and damage :-
(b) Amount of compensation Rs.:-

(c) Amount to disconnect and re-connect line Rs.:-
(d) Reading seal fee Rs.:-
(e) Terminal Seal fee Rs.:-
(f) Meter Box Seal fee Rs.:-
(g) Other fee Rs.:-
(h) Total amount payable Rs.:-
9. Of the concerned customer / consumer or the person who has signed on behalf

of him/her stating that the description mentioned herein is correct.
Name:- Address:-
Date:- Signature:-
Of the Investigating Officer:-
Name:- Designation:- Signature:-
Other Employee
Name:- Designation:- Signature:-
Name:- Designation:- Signature:-
Of the person in presence:
(a) Name:- Address:- Signature:-
(b) Name:- Address:- Signature:-
(c) Name:- Address:- Signature:-

Schedule – 8
(Related with Rule 14)
Notice of Evaluation of Amount of Loss, Damage and Compensation
Ref. No.:-
Name of Consumer or Customer:- Date:-
Customer No.:-
Address:-
Subject:- Notice of Evaluation of Amount of Loss, Damage and Compensation

Upon making investigation and inquiry into your house or building/ the house  or building used by you as per the information of the offence received by this Office pursuant to the Electricity Leakage Control Act, 2058 (2001) and the Electricity Leakage Control Rules, 2059 (2002), it has been found that the offence of stealing electricity is being committed / is going to be committed in your house or building/ the house or building used by you. While making investigation and inquiry into the  matters, it has been evaluated that you have stolen electricity worth
Rs. ………………………………… Now, therefore, this notice is hereby issued to you to pay total  Rs.…………… in words comprising of Rs. …………… for loss and damage, Rs. …………… for compensation and Rs. …………… for re-connection of electrical line. In case you are dissatisfied with this notice, you may submit an application for review pursuant to Sub-section (1) of Section 13 of the Electricity Leakage Control Act, 2058 (2001) and Rule 15 of the Electricity Leakage Control Rules, 2059 (2002).
1. Description of stealing:-
(a) Place of stealing:-
(b) Mode of Stealing:-
(c) Equipment used in stealing:-
2. Actual loss and damage from stealing:-
3. Grounds taken in assessing actual loss and damage:-
(a)
(b)
(c)
Investigating Officer’s
Signature:-
Date:-
Name:-
Designation:-

Schedule – 9
(Related with Sub-rule (3) of Rule 15)
Format of the Application to Be Submitted for Review
Application of Review
Submitted to the Office of …………………
To,
The ……………… (Name of Office of Distributor)
Address
C/o
The Investigating Officer
………………… (Name of the Concerned Office)

Upon making investigation and inquiry into the house or building used by  me/us, as per information of the offence received by that Office pursuant to the Electricity Leakage Control Act, 2058 (2001) and the Electricity Leakage Control Rules, 2059 (2002), it was evaluated that I/we have stolen the electricity worth Rs. ……… with the charge that the offence of stealing electricity is being committed is going to be committed. Notice was given to me/us on …………… to pay total Rs. ………… comprising of Rs. ………… for loss and damage, Rs. …………… for compensation and Rs.
………… for re-connection of electrical line and I/we am/are not satisfied with this notice. Now, therefore, I/we have hereby submitted this application for review of the  order so issued by the Investigating Officer pursuant to Section 13 of the Electricity Leakage Control Act, 2058 (2001) and Rule 15 of the Electricity Leakage Control
Rules, 2059 (2002).

My claim petition is as follows:
1.
2.
3.
4.
Supporting documents
1.
2.
3.
4.
The content mentioned herein is true and correct. In case it is proved to be false, I/we
shall pay and bear as per the laws.
Applicant’s:-
Signature:-
Date:-
Full name and surname:-
Address:-

Schedule – 10
(Related with Rule 17)
Notice to Pay Amount of Loss, Damage and Compensation
Ref. No.:-
Name of Customer and Consumer:- Date:-
Customer No.:-
Address:-
Subject:- Notice to Pay Amount of Loss, Damage and Compensation.
Upon making investigation and inquiry into your house or building/ the house or  building used by you as per information of the offence received by this Office pursuant to the Electricity Leakage Control Act, 2058 (2001) and the Electricity Leakage Control Rules, 2059 (2002), it was found that the offence of stealing electricity is being committed is going to be committed in your house or building/ the house or building used by you. While making
investigation and inquiry into the matters, it was evaluated that you have stolen electricity worth Rs. …………

Therefore, notice had been issued on …………… to you to pay total Rs.………… comprising of Rs. …………… for loss and damage, Rs………… for compensation and Rs. ………… for re-connection of electrical line and you have not filed an application for review of the notice you have filed an application for review dissatisfying with the notice. Upon
carrying out review as per the application, it has been determined that you have stolen electricity worth Rs. ……………… . Now, therefore, you shall pay the total Rs. …………………… in words comprising of Rs. ……………… for loss and damage caused to the distributor, Rs. ………………… for compensation and Rs. …………… for re-connection of electrical line within thirty five days from the date of receipt of this notice. You are hereby informed by this notice that in case you have not paid within the said time-limit, complaint shall be lodged against you pursuant to
Section 15 of the Act.
Investigating Officer’s
Signature:-
Date:-
Name:-