Section 25
Disconnection of delivery or supply of gas
Where a licensee has reasonable grounds to believe that in respect of any premises an offence under subsection 34(1), (2), (3) or 35(2) has been committed, the licensee or any person duly authorized by the licensee may, upon giving not less than twenty-four hours’ notice, in such form as may be prescribed, discontinue the delivery or supply of gas to such premises.
(2)
Upon disconnection under subsection (1), the licensee shall immediately inform the
Commission of the disconnection.
(3)
Upon receiving the information under subsection (2), the Commission shall immediately direct an authorized officer to inspect such premises and as soon as practicable after such inspection, the Commission shall form an opinion —
(a)
that an offence has been committed and that the delivery or supply of gas shall not be reconnected until an investigation has been completed; or
(b)
that an offence has not been committed and that the delivery or supply of gas shall immediately be reconnected in which case the licensee shall pay compensation for any loss or damage caused by the discontinuation of the supply.
(4)
Where the Commission forms an opinion under subsection (3) that an offence has been committed, an investigation under sections 46 and 47 shall be carried out and upon completion of the investigation, if it discloses no commission of any offence, the delivery or supply of gas shall be reconnected immediately and any loss incurred by any party may be referred to the
Commission for adequate compensation.
(5)
If an offence has been committed, the licensee may require the consumer to pay him for any loss of revenue due to the offence committed under subsection 34(1), (2), (3) or 35(2) and any expenses incurred by the licensee under this section including expenses incurred in respect of the reconnection of delivery or supply of gas in the manner and in accordance with guidelines issued by the Commission under this Enactment.
(6)
Notwithstanding subsection (5), if the licensee does not proceed with a claim for such loss of revenue and expenses in court, the licensee may only claim against the consumer for the said loss of revenue and expenses for a period not exceeding six months retrospectively from the date the offence was discovered under subsection (1).
(7)
Subject to subsection (5), a written statement by the licensee or any person authorized by the licensee specifying —
(a)
the amount of loss of units of gas or the expenses incurred by the licensee including the manner of calculation of the loss of revenue and items of expenses;
and
(b)
the person liable for the payment thereof, shall be prima facie evidence of the payment that has to be made by the consumer under subsection (5) and such written statement shall be notified to the consumer within fourteen
25
working days or any period as extended with the written approval of the Commission after the disconnection.
(8)
The amount stated in the written statement or decided by the Commission shall, within the period specified in the statement, be due and payable to the licensee and in default of payment such amount shall be recoverable by civil action in a court.