The Indian Electricity (UP Amendment) Ordinance 2002

In pursuance of the provision of clause (3) of article 348 of the Constitution the Governnor is pleased to order the publication of the following English translation of the Bhartiya Vidyut ( Uttar Pradesh Sanshodhan) Adhyadesh, 2002 ( ( Uttar Pradesh Adhyadesh shnkhya 14 of 2002 ) promulgated by the Governnor :-

( UTTAR PRADESH AMENDMENT ) ORDINANCE, 2002 ( U.P. ORDINANCE NO. 14 OF 2002 )

[ Promulgated by Governor in the Fifty third Year of the Republic of India ] AN ORDINANCE

further to amend the Indian Electricity Act, 1910 in its application to Uttar Pradesh.

WHEREAS the State Legislature is not in session and the Governor is satisfied the circumtances exist which render is necessary for him to take immediate action ;

NOW, THEREFORE, in excercise of the powers conferred by clause (1) of Article 213 of the Constitution, the Governor is pleased to promulgate the following Ordinance :-

Short title extent and commencement
1.(1) This ordinance may be called the Indian Electricity (Uttar Pradesh Amendment) Ordinance, 2002.

(2) Extend to the whole Uttar Pradesh.

(3) It shall come into force at once.

Amendment of section 2 of Act no. 9 of 1910
(2) In section 2 of Indian Electricity Act, 1910 hereinafter referred to as the principal Act :-

(a) after clause (c) the following clause shall be inserted, namely :-

"(cc) contracted load means the quantum of load for which the consumer has executed agreement with the supplier or made declaration of utilization of energy and where no such agreement has been executed..the load sanctioned to him by the supplier."

(b) after clause (m) the following clause shall be inserted, namely :-

"(mm) 'supplier' means a licensee, the Uttar Pradesh Power Corporation Ltd. , the Government or any other person engaged in the business of supplying energy to the public under this Act or any other law for the time being in force and includes his representatives; "

3. In section 39 of the principal Act,- (Amendment of section 39)

(a) for sub section (1) the following subsection shall be substituted, namely,-

(1) Whoever uses any energy supplied under one rate schedule for a purpose for which higher tariff is applicable, or dishonestly abstracts, consumes, use or draws or attempts such dishonest abstraction, consumption, use or drawal of , any energy -

(a) otherwise than through a meter referred to in section 26; or

( b) by tempering with such meter or its seals, or appratus, or circuits; or

(c) by obstructing or interfering in the functioning of such meter; or

(d) by manipulating change of phase of the electric supply lines; or

(e) by manipulating any meter, indicator or apparatus referred to in sub section(7) of section 26; or

(f) from a disconnected connection; or

(g) by any other means whatsoever;

shall be punished, where the load abstracted, consumed, used or drawn or attempted to be abstracted, consumed, used or drawn,-

(i) does not exceed 7.5 Kilowatt with fine which shall not be less than Rupees two thousand five hundred only and in the event of second or subsequent conviction with fine which shall not be less than rupees ten thousand

(ii) exceed 7.5 Kilowatt but does not exceed 20 kilowatts,with fine which shall not be less than Rupees five thousand and in the event of second or subsequent conviction with fine which shall not be less than rupees twenty five thousand;

(iii) exceed 20 Kilowatt but does not exceed 40 kilowatts,with fine which shall not be less than Rupees seven thousand five hundred and in the event of second or subsequent conviction with fine which shall not be less than rupees thirty five thousand;

(iv) exceed 40 Kilowatt but does not exceed 75 kilowatts,with fine which shall not be less than Rupees ten thousand and in the event of second or subsequent conviction with imprisonment which may extend to six month or with fine which shall not be less than rupees fifty thousand;

(v) exceed 75 Kilowatt with imprisonment which may extend to six month and with fine which shall not be less than Rupees fifty thousand and in the event of second or subsequent conviction with imprisonment which may extend to three years and with fine which shall not be less than rupees one lac.

(b)sub-section(3) shall be omitted.

(4) For section 39-A of the principal Act, the following section shall be substituted,namely:-(Amendment of section 39-A)

39A Abetment Whoever abets an offence under section 39 or section 39- C shall not withstanding anything contained in section 116 of the Indian Penal Code be punished with punishment provided for the offence.

Explanation:-

A person abets an offence punishable under section 39 or section 39-C, as the case may be, who-

(a) instigates any person to commit such offence, or

(b) intentionally aids, by any act or illegal omission, the commission of such offence, or

(c) being an officer or employee of the supplier entrusted with the duty to prevent the commission of such offence intentionally or knowingly omits to prevent the commission of such offence,or

(d) engages with one or more other person or persons in any conspiracy for the commission of such offence, if an act or illegal ommission takes place in pursuance of that conspiracy and in order to the commission of such offence."

(5) After section 39-A of the principal act,the following section shall be inserted,namely : Insertion of new section 39-B, 39-C ,39-D, 39-E, 39-F and 39-G

An offence punishable with fine under this act may, subject to any general (39-B Compounding of offences) or special order of the State Government in this offences behalf , be compounded by an officer or Authority empowered by the Power Corporation in this behalf either before or after the institution of the prosecution on realization of such composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence.

whoever-

(a) deal with any energy or adapts any appliance, in a manner so 30-c Malpractice as to unduly or improperly interfere with the efficient supply of energy by the supplier, or

(b)connects load at his premises exceeding the contracted load without the specific permission of the supplier;

Provided that this clause shall not apply to a consumer who has-

(i) a contracted load upto ten kilowatt; or

(ii)an excess load upto twenty five percent over and above the contracted load where contracted load exceeds ten kilowatt; or

(c)without the intent of sale of enegy extends the supply of energy to any other premises, or

(d)being an officer or employee of the supplier entrusted with the duty to,-

(i) record meter reading of the meter installed at the premises of the consumer, intentionally or knowingly omits to record such meter reading; or

(ii)replace a defective meter installed at the premises of a consumer, intentionally or knowingly omits to replace such defective meter with a view to causing pecuniary loss to the supplier; or

(iii) prepare bill of charge for energy payable by a consumer, intentionally or knowingly prepare a wrong bill for causing wrongful loss to the supplier or wrongful gain to their consumer; or.

(iv)deliver bill of charges for energy to a consumer, intentionally or knowingly omits to deliver such bill to the consumer; or

(v)realize charges for energy from a consumer, intentionally or knowingly delays realization of such charges from a consumer; is said to commit malpractice.

Whoever commits malpractice shall be punished with fine which may extend to twenty thousand rupees.39-D Penality for Malpractice

39-E Restriction on power of Electrical Inspector Notwithstanding any thing contained to the any other provision of this Act or any other law for the time being in force, no Electrical Inspector shall have any power with regard to a matter connected with the theft of energy or malpractice under this Act.

39-F Power of District Magistrate without prejudice to the provisions of the Code of criminal Procedure, 1973 where the District Magistrate receives any information of the commission of an offence punishable under section 39 or section 39-A or section 39-D, he may such immediate measures as he deems fit and may depute an Executive Magistrate subordinate to him and an Executive Engineer of the Uttar Pradesh Power Corporation Ltd. posted within his juridiction to proceed to the spot and take necessary steps for prevention of the commission of such offence.

39-G Previous sanction for prosecution No court shall take cognizance of an offence punishable under this Act alleged to have been committed by an officer or employee of the Uttar Pradesh Power Corporation Ltd. while acting or purporting to act in the discharge of his official duty except with the previous sanction.

(a) in case of an officer or an employee who is holding a post upto to rank of junior engineer or a post wquivalent thereto, of the Chief Engineer (Distribution) of the concerned Zone.

(b) in case of an officer or an employee, of the said Corporation

(c) notwithstanding anything contained in clause (a) or Clause (b) the State Government may, where it consider necessary so to do, require the authority referred to in clause (a) or clause(b) to give previous sanction within the period specified in this behalf and if the said authority fails to give the previous sanction , the previous sanction may be given by the State Government.

Explanation :- For removal of doubts, it is hereby declared that the power of the State Governmenrt under this clause may be exercised also in a case where the authority referred to in clause (a) or clause(b) has earlier refused to give previous sanction."

6. In saction 48 of the principal Act for the word and figure "Section 39-A the word and figure "Section-A, Section 39-C" shall be substituted. Amendment of section 48

7. In the principal Act for section 49-B, the following sections shall be substituted , namely, Amendment of section 49-B

(1)- An offence punnishable with imprisonment under the Act and abetment therof shall be cognizible and non-bailable (49-B certain offences to be cognizible and bailable or non-bailable.

(2) An offence punishable with fine only under this act and abetment thereof shall be cognizible and bailable .

(1) Without prejudice to the provisions of the code of criminal procedure, 1973. relating to search and seizure, where the supplier or any other person authorised by it , in this behalf, has reason to believe that any offence. (49 C search seizure and inspection) punishable under section 39 section 39-C has been or is being or is about to be, committed in any premises, vehicle, vessel or other place he may with such assistance as may be required.

(a) Enter, inspect and search such premises vessel or other place and may use such minimum force as may be necessary for the purpose;

(b) Seize any means of theft of any energy or malpractice which may be found in such premises, vehicle, vessel or other place;

(c) require the owner, occupier or any other person incharge of such premises, vehicle, vessel or other place produce any books of accounts or other documents or furnish information in respect of the said offence;

(d) examine and seize any books of accounts of documents which in his opinion shall be useful for or relevant to, any, proceedings in respect of an offence and allow the person from whose custody such books of accounts or documents are seized to make copies thereof or take extract therefrom in his presence.

(2) If during an inpection of a premises under sub-section (1), the occupier is found to have committed or attempted to commit an offence referred to in sub-section (1), supply of energy to such premises may be discontinued without any notice and the officer inspecting the premises shall prepare an inpection report at the site and as far as practicable, obtain signature of the occupier or his representative present at the time of such inspection and shall deliver to him a copy of the inspection report and if he refuses to receive it, send a copy of the inspection report by registered post to him within twenty four hours.

(3) An inspection report prepared under sub-section (2), shall, in all legal proceedings be received as prima facie evidence of the facts recorded therein."

VISHNUKANT SHASTRI , Governor, Uttar Pradesh.