(1)
A licensee or any person duly authorised by a licensee may, at any
reasonable time, and on informing the occupier of his intention, enter any
premises to which energy is or has been supplied by him, [1]
[of any premises or land, under, over, along, across, in or upon which the
electric supply-lines or other works have been lawfully placed by him] for the
purpose of- (a)
[2] [inspecting,
testing, repairing or altering] the electric supply lines, meters, fittings,
works and apparatus for the supply of energy belonging to the licensee; or (b)
ascertaining the amount of energy supplied or the electrical
quantity contained in the supply; or (c)
removing where a supply of energy is no longer required, or where
the licensee is authorised to take away and cut off such supply, any
lines-lines, [3] [meters,] fittings, works
or apparatus belonging to the licensee. (2)
A licensee or any person authorised as aforesaid may also, in
pursuance of a special order in this behalf made by [4]
[a Magistrate of the first class or in a presidency-town, by a Presidency
Magistrate and after giving not less than twenty-four hours' notice in writing
to the occupier- (a)
enter any premises or land referred to in sub-section (1) (or any
of the purposes mentioned therein; (b)
enter any premises to which energy is to be supplied by him, for
the purpose of examining and testing the electric wires fillings, works and
apparatus for the use of energy, belonging to the consumer]. [5] [(3)Where
a consumer refuses to allow a licensee or any person authorised as aforesaid to
enter his premises [6]
[or land] in pursuance of the provisions of sub-section (1) or, sub?section
(2), when such licensee or person has so entered, refuses to allow him to
perform any act which he is authorised by those sub-sections toper form, or
fails to give reasonable facilities for such entry or performance, the licensee
may, alter the expiry of twenty-four hours from the service of a notice in
writing on the consumer, cut off the supply to the consumer for so long as such
refusal or failure continues, but for no longer.] [STATE AMENDMENTS TAMIL
NADU In Section 20 In sub-section (2),-- [7] [(i) in
the opening paragraph for the words " and after giving not less than
twenty-four hours' notice in writing to the occupier", the words " at
any reasonable time between sun rise and sun set, and on informing the occupier
of his intention " shall be substituted;] [8] [(ii)
after clause (b), the following proviso shall be inserted, namely :-- " Provided that
sufficient notice shall in every case be given to enable the inmates of any
apartment appropriated to females to withdraw to some part of the premises
where their privacy may be preserved.".]]] [9] [(1)]
Where any person neglects to pay any charge for energy or any [10]
[sum, other than a charge for energy,] due from him to a licensee in respect of
the supply of energy to him, the licensee may, after giving not less than seven
clear days' notice in writing to such person and without prejudice to his right
to recover such charge or other sum by suit, cut off the supply and for that
purpose cut or disconnect any line-line or other works, being the property of
the licensee, through which energy may be supplied, and may discontinue the
supply until such charge or other sum, together with any expenses incurred by
him in cutting off and re?connecting the supply, are paid, but no longer. [11] [(2)] [12]
[***]Where any difference or dispute [13]
[which by or under this Act is required to be determined by an Electrical
Inspector, has been referred to the Inspector] before notice as aforesaid has
been given by the licensee, the licensee shall not exercise the powers
conferred by this section until the Inspector has given his decision: [14] [Provided
that the prohibition contained in this sub-section shall not apply in any case
in which the licensee has made a request in writing to the consumer for a
deposit with the [15]
[Electrical Inspector] of the amount of the licensee's charges or other sums in
dispute or for the deposit of the licensee's further charges for energy as they
accrue, and the consumer has failed to comply with such request.] [STATE AMENDMENTS [Tamil Nadu [16] [In
Section 24 After sub-section (1), the
following sub-section shall be inserted, namely:-- " (1-A) Where an
officer not lower in rank than a Divisional Engineer of the Tamil Nadu
Electricity Board, on a personal inspection, is satisfied that any electric
supply line or other works which has been cut or disconnected under sub-section
(1) by the licensee has been reconnected unauthorisedly by any consumer, then,
without prejudice to any other penalty that may be imposed under section 44 or
under any other provisions of this Act, such officer may, for reasons to be
recorded in writing, order, that energy shall not be supplied to such consumer
for a period not exceeding one year as may be specified in such order : Provided that no such order
shall be made unless the consumer has been given an opportunity of making his
representations.".] [17] [39. Theft
of energy Whoever dishonestly
abstracts, consumes or uses any energy shall be punishable with imprisonment
for a term which may extend to three years, or with fine which shall not be
less than one thousand rupees, or with both: and if it is proved that any
artificial means or means not authorised by the licensee exist for the
abstraction, consumption or use of energy by the consumer, it shall be
presumed, until the contrary is proved, that any abstraction, consumption or
use of energy has been dishonestly caused by such consumer. [STATE AMENDMENTS TAMIL
NADU [18] [In
Section 39 The following sections
shall be substituted, namely:-- " 39. Theft of
energy.-- (1) Whoever
dishonestly abstracts, consumes or uses any energy shall be punishable with
imprisonment for a term which, may extend to three years or with fine which
shall not be less than live hundred rupees but which may extend to five
thousand rupees, or with both; and if it is proved that any artificial means or
means not authorised by the licensee exist for the abstraction, consumption or
use of the energy by the consumer, it shall be presumed, until the contrary is
proved, that such abstraction consumption or use of energy has been dishonestly
caused by such consumer. (2) If any
person, having been convicted of an offence punishable under sub-section (1),
is again guilty of an offence punishable under that sub-section he shall be
punishable with imprisonment for the second or subsequent offence for a term
which shall not be less than six months but which may extend to five years and
shall also be liable to fine. 39-A. Abetments.-- Whoever abets an offence,
punishable under section 39 or section 44 shall, notwithstanding anything
contained in section 116 of the Indian Penal Code (Central Act XLV of 1860), be
punished with punishment provided for the offence.".] Whoever- (a) connects
any meter referred to in section 26,sub-section (1), or any meter, indicator or
apparatus referred to in section 26,sub-section (7), with any line-line through
which energy is supplied by a licensee, or disconnects the same from any such
electric supply-line [19]
[***];or [20] [(aa)
unauthorisedly re-connects any meter referred to in sub-section (1) of section
26, or any meter, indicator or apparatus referred to in sub-section (7) of
section 26, with any line-line or other works, being the properly of the
licensee, through which energy may be supplied, when the said electric supply
line or other works has or have been cut or disconnected under sub-section (1)
of section 24; or] (b)
lays, or causes to be laid, or connects up any works for the
purpose of communicating with any other works belonging to a licensee [21]
[***];or (c)
maliciously injures any meter referred to in section
26,sub-section (1), or any meter, indicator or apparatus referred to in section
26,sub-section (7), or willfully or fraudulently alters the index of any such
meter, indicator or apparatus, or prevents any such meter, indicator or
apparatus from duly registering; or (d)
improperly uses the energy of a licensee, [22]
[shall be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both],
and, in the case of a continuing offence, with a daily fine which may extend
to [23] [fifty] rupees; and [24]
[if it is proved that any artificial means exist] for making such connection as
is referred to in clause (a) [25]
[or such re-connection as is referred to in clause (aa),] or such communication
as is referred to in clause (b), or for causing such alteration or prevention
as is referred to in clause (c), or for facilitating such improper use as is
referred to in clause (d), [26]
[and that] the meter, indicator or apparatus is under the custody or control of
the consumer, whether it is his properly or not, [27]
[it shall be presumed, until the contrary is proved][28] [that
such connection, reconnection, communication,] alteration, prevention or
improper use, as the case may be, has been knowingly and willfully caused by
such consumer. [STATE AMENDMENTS [Tamil Nadu In Section 44 [29] [(1) the
said section shall be renumbered as sub-section (1) of that section and in
sub-section (1) as so renumbered,-- (i)?? ?after
clause (a), the following clause shall be inserted, ?namely :-- " (aa) unauthorisedly
reconnects with any electric supply line of other works, being the property of
the licensee, through which energy may be supplied, when the said electric
supply line or other works has been cut or disconnected under sub-section (1)
of section 24; or "; (ii)? ?for
the words " shall be punishable with fine which may extend to five hundred
rupees", the words " shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend to one thousand
rupees or with both " shall be substituted; (iii) ?after the words " such connection as is
referred to in clause (a)", the words " or such reconnection as is
referred to in clause (aa) " shall be inserted; (iv) ??the words " and that the meter,
indicator or apparatus is under the custody or control of the consumer, whether
it is his property or not " shall be omitted; (v)? ?for
the words " that such connection, communication, alterations, prevention
or improper use ", the words " that such connection, reconnection,
communication, alteration, prevention or improper use " shall be
substituted;] [30] [(2)
after sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely :-- " (2) If any person,
having been convicted of an offence punishable under sub-section (1), is again
guilty of an offence punishable under that sub-section, he shall be punishable
with imprisonment for the second or subsequent offence for a term which shall
not be less than three months but which may extend to five years and shall also
be liable to fine. ".] Whoever, in any case not
already provided for by [31]
[section 39, section 39 A or section 40] to 46 (both inclusive), makes default
in complying with any of the provisions of this Act, or with any order issued
under it, or, in the case of a licensee, with any of the conditions of his
license, [32] [or in the case of a person
who has obtained the sanction of the State Government under section 28, with
any of the conditions of the sanction], shall be punishable with fine which may
extend to one hundred rupees, and, in the case of a continuing default, with a
daily fine which may extend to twenty rupees: Provided that, where a
person has made default complying with any of the provisions of sections
13,14,15,17 and 32, as the case may be, he shall not be so punishable if the
court is of opinion that the case was one of emergency and that the offender
complied with the said provisions as far as was reasonable in the
circumstances. [STATE AMENDMENTS [Tamil Nadu [33] [In
Section 47 For the words and figures
"sections 39 to 46 ", the words, figures and letter " section
39, section 39-A or sections 40 to 46 " shall be substituted.] The penalties imposed
by [34] [section 39, section 39A
or sections 40] to 47 (both inclusive) shall be in addition to, and not in
derogation of, any liability in respect of the payment of compensation or, in
the case of a licensee the revocation of his license, which the offender may
have incurred. [STATE AMENDMENTS TAMIL
NADU [35] [In
Section 48 For the words and
figures " sections 39 to 47 ", the words, figures and letter
"section 39, section 39-A or sections 40 to 47" shall be
substituted.] The
provisions of [36]
[sections 39,39A,40,]44,45 and 46 shall, so far as they are applicable, be
deemed to apply also when the acts made punishable there under arc committed in
the case of energy supplied by or of works belonging to [37]
[the Central Government or any State Government]. [STATE AMENDMENTS [Tamil Nadu [38] [In
Section 49 For the words and figures
" sections 39, 44, 45 and 46 ", the words, figures and letter
"sections 39, 39-A, 44, 45 and 46" shall be substituted.]]] No prosecution shall be
instituted against any person for any offence against this Act or any rule,
license or order thereunder, except at the instance the instance of the
Government[39] [or a state Electricity
Board] or an[40] [Electrical Inspector],
or of a person aggrieved by the same. [STATE AMENDMENTS [Tamil Nadu [41] [After
Section 50 The following section shall
be inserted, namely:-- " 50-A. Certain
offences under the Act to be cognizable.-- Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any
offence under section 39, section 39-A or section 44 of this Act shall be
deemed to be a cognizable offence within the meaning of that Code.".] [1] Inserted
by Act 32 of 1959, Section 13. [2] Substituted
by Act 32 of 1959, Section 13, for "inspecting and testing". [3]
Inserted
by Act 1 of 1922, Section7. [4] Substituted
by Act 32 of 1959, Section 13, for certain former words. [5] Inserted
by Act 1 of 1922, Section 7. [6] Inserted
by Act 32 of 1959, Section 13. [7] Substituted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [8]
Inserted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980. [9] First
paragraph of section 24 numbered as sub-section (1) of that section by Act 1 of
1922, Section 10 [10] Substituted
by Act 1 of 1922, Section 10, for "other sum". [11] Proviso
numbered as sub-section (2) by Act 1 of 1922, Section10. [12] The words
"Provided that" omitted by Act 1 of 1922, Section 10. [13] Substituted
by Act 32 of 1959, Section 17, for "has been referred under this Act to an
Electric Inspector". [14] Added by
Act 1 of 1922, Section 10. [15] Substituted
by Act 32 of 1959, Section 2, for "Electric Inspector". [16] Inserted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [17] Substituted
by Act 31 of 1986, Section 2, for the former section 39. [18] Substituted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [19] The words
"without giving to the licensee forty-eight hours' notice in writing of
his intention" omitted by Act 32 of 1959, Section 32. [20] Inserted
by Act 31 of 1986, Section 3. [21] The words
"without such licensee's consent" omitted by Act 32 of1959, Section
32. [22] Substituted
by Act 31 of 1986, Section 3, for certain words. [23] Substituted
by Act 1 of 1922, Section 19, for "thirty". [24] Inserted
by Act 31 of 1986, Section 3. [25] Inserted
by Act 31 of 1986, Section 3. [26] Substituted
by Act 1 of 1922, sec, 19, for "shall, where". [27] Substituted
by Act 1 of 1922, Section 19, for "be prima facieevidence". [28] Substituted
by Act 31 of 1986, Section 3, for certain words. [29] Renumbered
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [30] Inserted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [31] Substituted
by Act 31 of 1986, Section 4, for "section 39". [32] Inserted
by Act 32 of 1959, Section 33. [33] Substituted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [34] Substituted
by Act 31 of 1986, Section 4, for "section 39". [35] Substituted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [36] Substituted
by Act 31 of 1986, Section 5, for "sections 39, 40". [37] Substituted
by the A.O. 1986, for "any Government in British India". [38] Substituted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980). [39] Inserted
by Act 31 of 1986, Section 6. [40] Substituted
by Act 32 of 1959, Section 2, for "Electric Inspector". [41]
Inserted
by Indian Electricity (Tamil Nadu Amendment) Act, 1980 (Act 39 of 1980).INDIAN
ELECTRICITY ACT, 1910 [REPEALED] (TAMIL NADU AMENDMENT)