WBERC proposes stricter transparency rules for electricity assessments
The West Bengal Electricity Regulatory Commission (WBERC) has proposed amendments to the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2013, to bring greater transparency to the assessment of unauthorised use of electricity under Section 126 of the Electricity Act, 2003.
The proposed changes would introduce Regulations 5.4.A and 5.4.B into the existing regulations, requiring assessing officers to provide more detailed information in provisional and final assessment orders and to document inspections through date- and time-stamped photographs. The draft notification follows observations of the Hon’ble High Court at Calcutta in its judgment dated February 6, 2026, in matters concerning assessment under Section 126, where the court highlighted the need for appropriate regulations to ensure clarity and transparency in the assessment process.
Assessment details
Under the proposed Regulation 5.4.A, assessment orders would have to be accompanied by a detailed computation sheet. The sheet would specify the nature of the unauthorised use, consumer details, meter number, connected voltage, contracted load and inspected load, applicable tariff category and tariff rates, electricity duty, and the break-up of the provisional amount, along with the date of issuance.
The total assessed amount would have to be rounded off to the nearest rupee. The proposed requirement is intended to provide consumers with a detailed basis for the amount determined through the assessment process.
Inspection records
Regulation 5.4.B would require the assessing officer to arrange for photographs to be taken during the inspection of the premises. The photographs would have to cover the premises, service line, meter, seals and connected loads and carry date and time stamps. These photographs would be served along with the provisional assessment order.
The draft provision also addresses situations where photographs cannot be taken because of obstruction at the premises. In such cases, the assessing officer would have to record the fact in the inspection report in the presence of two independent witnesses and mention the same circumstance in the provisional assessment order.
WBERC has invited comments, suggestions and objections from stakeholders and interested persons on the proposed amendments. Submissions are required to be made to the Commission by September 16, 2026.
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