INDIAN ELECTRICITY (WEST BENGAL AMENDMENT) ACT, 2001

Act No. 30 of 2001

24th April, 2002

An Act to amend the Indian Electricity Act, 1910, in its application to West Bengal. Whereas it is expedient to amend the Indian Electricity Act, 1910 (9 of 1910), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Fifty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:--

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S.1 Short title and commencement

(1) This Act may be called the Indian Electricity (West Bengal Amendment) Act, 2001.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application of the Act

The Indian Electricity Act, 1910 (9 of 1910) (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 2 of Act 9 of 1910

In section 2 of the principal Act,--

• (1) after clause (f), the following clauses shall be inserted:--
  '(ff) "Electricity Utility" means the West Bengal State Electricity Board, the CESC Limited, the West Bengal Power Development Corporation Limited, the Durgapur Projects Limited, the Dishergarh Power Supply Company Limited, the West Bengal Rural Energy Development Corporation Limited and includes any other agency authorized by the State Government to generate, transmit, or distribute or supply electricity in the State of West Bengal;
  (fff) "Electricity Utility Protection Force" means the Electricity Utility Protection Force constituted under section 39K of this Act;';
  
  
• (2) clauses (la), (lb) and (lc) shall be renumbered as clauses (lb), (lc) and (ld), respectively and before clauses (lb), (lc) and (ld) as so renumbered, the following clause shall be inserted:--
  '(la) "Special Court" means the Special Court constituted under section 39F;'.

S.4 Substitution of new section for section 39

For section 39 of the principal Act, the following section shall be substituted:--

39. "Theft of energy, electric lines and materials

• (1) Whoever dishonestly,--
  • (a) taps, makes or causes to be made any connection with overhead, underground or underwater lines or cables, or service wires, or service facilities of a Electricity Utility; or
  • (b) tampers a meter, installs, or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration, or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or
  • (c) damages or destroys an electric meter, apparatus, equipment or wire, or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity so as to abstract, consume or use electricity; or
  • (d) cuts, removes, takes
    

S.5 Insertion of new factions 39B, 39C, 39D, 39E, 39F, 39G, 39H, 39-I, 39J and 39K

After section 39A of the principal Act, the following sections shall be inserted:--

39B. "Power to disconnect.

Without prejudice to the generality of the provisions of section 50, the Electricity Utility may, cut off the supply and for that purpose, cut or disconnect the electric supply line or other works through which energy may be supplied, without notice upon detection of such theft of energy, electrical lines and materials:

Provided that no officer below the rank of Assistant Engineer or Mains Engineer or officer specially empowered for the purpose by the Electricity Utility shall cut or disconnect the electric supply line or other works:

Provided further that such officer authorized by the Electricity Utility shall file first information report with the Electricity Utility Protection Force constituted under section 39K of this Act or the local police station, as the case may be, within twenty-four hours from the time of such disconnection:

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S.6 Amendment of section 44

In clause (aa) of section 44 of the principal Act, after the words, figures and brackets under sub-section (1) of section 24, the words, figures and letter or section 39B shall be inserted.

S.7 Amendment of section 50

After section 50 of the principal Act, the following section shall be inserted:--

50A. Cognizance of offence

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under section 39 or section 44 or any other section of this Act shall be cognizable and non-bailable.

S.8 Repeal

The Indian Electricity (West Bengal Amendment) Act, 1994 (West Ben. Act LV of 1994) shall be deemed to have been repealed.