INDIAN ELECTRICITY (GUJARAT AMENDMENT) ACT, 2003
GUJARAT ACT NO. 23 OF 2003.
(First published, after having received the assent of the President in the “Gujarat Government Gazette”, on the 5th May, 2003).
An Act further to amend the Indian Electricity Act, 1910 in its application to the State of Gujarat.
It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act May be called the Indian Electricity (Gujarat Amendment) act, 2003.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 26 of IX of 1910.
IX of 1910.
2. In the Indian Electricity Act, 1910 in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 26, in sub-section (6), for the words “six months”, the words "twelve months" shall be substituted.
Substitution of section 39 of IX of 1910.
3. In the principal Act, for section 39, the following section shall be substituted, namely:-
Penalty for theft of energy.
“39. (1) Whoever dishonestly abstracts, consumes, uses or draws any energy,-
(a) otherwise than through a meter referred to in section 26,
(b) by tampering with such meter or its seals or apparatus or circuits, .
(c) by manipulating change of phases of the electric supply,
(d) by obstracting or interfering in the functioning of such meter,
(e) by manipulating any meter, indicator or apparatus,
(f) by cutting, damaging or removing insulation of service wire,
(g) from a disconnected connection, or
(h) by any other means whatsoever,
shall be punishable with imprisonment for a term which may extend to three years or with fine Which may extend to two lakh rupees or with both; and if it is proved that any artificial means or means not authorised by the electricity utility exist for the abstraction, consumption, use or draw of energy by the consumer or any other person, it shall be presumed, until the contrary is proved that any abstraction, consumption, use or draw of energy has been dishonestly caused by such consumer or person:
Provided that such imprisonment shall not be less than one month and such fine shall not be less than ten thousand rupees.
(2) Any officer of electricity utility or any Electrical Inspector authorised in this behalf by the State Government may-
(a) enter, inspect, break open and search any place or premises in which he has reason to believe that energy has been, is being, or is likely to be, dishonestly abstracted, consumed, used or drawn;
(b) search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, is being, or is likely to be used for dishonest abstraction, consumption, use or draw of energy;
(c) examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) of this section or section 39A, 39AA or 44 and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.
(3) The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list:
Provided that no inspection, search and seizure in any domestic place or premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such place or premises.
2 of 1974.
(4) The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall apply, as far as may be, to searches and seizures under sub-section (2).
(5) Where, during an inspection of any place or premises under sub-section (2), a consumer or a person is found to have committed an offence under section 39, 39A, 39AA or 44, the electricity utility may cut of the supply to the place or premises and for that purpose cut or disconnect any electric supply line or any other work being the property of the electricity utility and shall discontinue the supply till the time the electricity utility restores the supply in accordance with its conditions of supply.
45 of 1860.
Explanation I For the purpose of this section, the expression “dishonestly” shall have the same meaning as assigned to it in section 24 of the Indian Penal Code and the expression “dishonest” occurring in this section and section 50A shall be construed accordingly.
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Explanation II.- For the purpose of this section, section 39A and sub-section (1) of section 50A, the expression “electricity utility” means the Board constituted under section 5 of the Electricity (Supply) Act, 1948 or a licensee or a person who is authorised under this Act or any other law for the time being in force to supply electricity.”.
Amendment of section 39A of IX of 1910.
4. In the principal Act,-
(1) section 39A shall be renumbered as sub-section (1) of that section and in sub-section (1) as so renumbered, for the word “Whoever”, the words" Whoever including an officer or an employee of an electricity utility" shall be substituted;
(2) after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
“(2) Where-
(a) any inspector or any officer appointed to assist the inspector on whom duty is imposed by the provisions of this Act or any rule made thereunder, or
(b) any officer or employee of an electricity utility on whom duty is imposed by the electricity utility
to undertake inspection and testing periodically or maintenance of an installation connected to the supply system of electricity utility, neglects to inspect and test periodically or maintain the installation and such negligence results in the commission of an offence under section 39 or 44, the inspector, officer or employee shall be punishable for offence under section 39A for abetting an offence under section 39 or, as the case may be, 44.”.
Insertion of new section 39AA in IX of 1910.
5. In the principal after section 39A, the following section shall be inserted, namely:-
Attempt.
“39AA. Whoever, attempts to commit an offence punishable under section 39 or section 44 or to cause such an offence to be committed, and in such attempt does any act towards commission of the offence shall be punishable with punishment provided for the offence.”
Amendment of section 44 of IX of 1910.
6. In the principal Act, in section 44-
(1) for the words “five thousand rupees”, the words “two lakh rupees” shall be substituted;
(2) for the words “fifty rupees”, the words “two thousand rupees” shall be substituted;
(3) the following proviso shall be added at the end, namely:-
“Provided that such imprisonment shall not be less than one month and
(i) such fine shall not be less than ten thousand rupees, and
(ii) such daily fine shall not be less than one hundred rupees.”.
Insertion of new sections 49AA in IX of 1910.
7. In the principal Act, after section 49, the following section shall be inserted, namely:-
Penalty for second and subsequent offences.
Penalty for second and subsequent offences.
“49AA. If any person convicted of an offence under section 39, 39A, 39AA or 44 is again convicted of an offence under any of the aforesaid provisions, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than three months but which may extend to five years and with fine which shall not be less than fifty thousand rupees.”.
Insertion of new sections 50A, 50B, 50C, 50D and 50E in IX of 1910.
8. In the principal Act, after section 50, following sections shall be inserted, namely:-
Compounding of offences.
2 of 1974.
“50A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or section 50, any officer of the electricity utility authorised in this behalf by the electricity utility (hereinafter in this section referred to as “the authorised officer”) may, either before or after the institution of proceedings for any offence punishable under section 39, 39A, 39AA or 44 accept from a consumer or person charged with offence by way of composition of the offence such sum as may be determined by the electricity utility and the sum so determined shall not be-
(a) less than the loss suffered by the electricity utility on account of non-payment of the sum which would have been chargeable to the consumer or person by the electricity utility if the energy dishonestly abstracted, consumed, used or drawn by committing the offence, had been legally consumed or used by the consumer or person from, the supply of energy by the electricity utility, and
(b) more than five times the loss so suffered:
Provided that the dishonest abstraction, consumption, use or draw of energy during a period exceeding twelve months prior to detection of offence shall not be taken into account for the purpose of determination of the sum to be paid by a consumer or person under this sub-section.
(2) On payment of such sum as may be determined by the authorised officer under sub-section (1), the consumer or person, if in custody, shall be set at liberty and if any proceedings shall have been instituted against the consumer or person in any criminal court, the composition shall be held to amount to an acquittal of the accused person and no further proceedings shall be taken against the accused person in respect of the same offence.
Designation of courts of Judicial Magistrate of the First Class and Metropolitan Magistrates.
50B. For the purpose of providing for speedy trial of specified offences under this Act, in any district or metropolitan area, in the State, the State Government may after consultation with the High Court, by notification in the Official Gazette, designate one or more courts of Judicial Magistrate of the First Class or, as the case may be of Metropolitan Magistrate in such district or metropolitan area (hereinafter in sections 50C, 50D and 50E referred to as “the designated court”).
Explanation.- For the purpose of this section and sections 50C and 50E, the expression “specified offence” means an offence under section 39, 39A, 39AA or 44.
Powers and procedure of designated courts.
50C. (1) Unless otherwise directed by the High Court, the designated court shall exercise jurisdiction in respect of specified offences only.
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(2) Notwithstanding anything contained in sub-section (1), when trying any case, the designated court may also try any offence other than a specified offence with which the accused may under the Code of Criminal Procedure, 1973 be charged at the same trial.
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(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the designated court may, try the specified offence in a summary way in accordance with the procedure prescribed in the said Code and the provisions of the sections 263 to 265 of the said Code, shall, so far as may be, apply to such trial:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the designated court to pass a sentence of imprisonment for a term not exceeding three years:
Provided further that when, at the commencement of or in the course of a summary trial under this section, it appears to the designated court that the nature of the case is such that a sentence of imprisonment for a term exceeding three years may have to be passed or that it is undesirable to try it in a summary way, the designated court shall after hearing the parties record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.
Appeal.
50D. Any person convicted on a trial held by a designated court may appeal to the Court of Session.
Transitory provision
50E. (1) All cases involving specified offences committed in a district or a metropolitan area in the State and pending before any court in such district or metropolitan area before the date of the notification issued under sub-section (1), of section 50B (hereinafter referred to as “the said date”) shall stand transferred to the designated court having jurisdiction in respect of such district or metropolitan area under section 50B and the designated court to which such proceedings stand transferred shall proceed with such cases from the stage at which they were pending before the said date.
(2) Nothing in sub-section (1) shall apply to the cases involving specified offences, committed in a district or metropolitan area in which a court of Judicial Magistrate of the First Class or, as the case may be of Metropolitan Magistrate is designated under section 50B and pending in a court other than a designated court, if the whole of the evidence for prosecution is taken before the said date.”. |
