GOVERNMENT OF KERALA

Law (Legislation-Publication) Department

NOTIFICATION

No. 22380/Leg.Pbn.4/07/Law.

Dated, Thiruvananthapuram, 11th October 2007.

The following Act of Parliament, Published in the Gazette of India,

Extraordinary, Part II, Section I, dated the 29th May, 2007 is hereby republished

for general information.

The Bill as passed by the Houses of Parliament received

the assent of the President on the 28th May, 2007.

By order of the Governor,

P. S. GOPINATHAN,

Law Secretary.

G. 1026/2007/DTP.

Kerala Gazette No. 51 dated 25th December 2007.

PART I

Section i

THE ELECTRICITY (AMENDMENT) ACT, 2007

(ACT NO. 26 OF 2007)

ACT

further to amend the Electricity Act, 2003.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India

as follows:—

Short title and commencement.—(1)

This Act may be called the

Electricity (Amendment) Act, 2007.

(2)

It shall come into force on such date as the Central Government may,

by notification in the Official Gazette, appoint.

Substitution of new section for section 6.—For section 6 of the

Electricity Act, 2003 (36 of 2003) (hereinafter referred to as the principal Act), the

following section shall be substituted, namely:—

“6. Joint responsibility of State Government and Central Government in

rural electrification.—The concerned State Government and the Central

Government shall jointly endeavour to provide access to electricity to all areas

including villages and hamlets through rural electricity infrastructure and

electrification of households.”.

Amendment of section 9.—In section 9 of the Principal Act, in sub-

section (1), after the proviso, the following proviso shall be inserted, namely:—

“Provided further that no licence shall be required under this Act for

supply or electricity generated from a captive generating plant to any licensee in

accordance with the provisions of this Act and the rules and regulations made

thereunder and to any consumer subject to the regulations made under sub-

section (2) of section 42.”.

Amendment of section 38.—In section 38 of the Principal Act, in sub-

section (2), in clause (d),—

(i)

in the second proviso, the words “and eliminated” shall be omitted;

(ii) the third proviso shall be omitted.

Amendment of section 39.—In section 39 of the Principal Act, in sub-

section (2), in clause (d),—

(i)

in the second proviso, the words “and eliminated” shall be omitted;

(ii) the third proviso shall be omitted.

Amendment of section 40.—In section 40 of the Principal Act,—

(i)

in the second proviso, the words “and eliminated” shall be omitted;

(ii) the third proviso shall be omitted.

Amendment of section 42.—In section 42 of the Principal Act, in sub-

section (2),—

(i)

in the first proviso, for the words “such open access may be

allowed before the cross-subsidies are eliminated on payment of a surcharge”, the

words “such open access shall be allowed on payment of a surcharge” shall be

substituted;

(ii) in the third proviso, the words “and eliminated” shall be omitted.

Amendment of section 43.—In section 43 of the Principal Act, in sub-

section (1),—

(i)

for the words “Every distribution”, the words “Save as otherwise

provided in this Act, every distribution” shall be substituted;

(ii) after the second proviso, the following Explanation shall be inserted

namely:—

‘Explanation.—For the purposes of this sub-section, “application” means

the application complete in all respects in the appropriate form, as required by the

distribution licensee, along with documents showing payment of necessary

charges and other compliances.’.

Substitution of new section for section 50.—For section 50 of the

principal Act, the following section shall be substituted, namely:—

“50.

The electricity supply code.—The State Commission shall specify an

electricity supply code to provide for recovery of electricity charges, intervals for

billing of electricity charges, disconnection of supply of electricity for non-

payment thereof, restoration of supply of electricity, measures for preventing

tampering, distress or damage to electrical plant or electrical line or meter, entry

of distribution licensee or any person acting on his behalf for disconnecting

supply and removing the meter, entry for replacing, altering or maintaining electric

lines or electrical plants or meter and such other matters.”.

10.

Amendment of section 61.—In section 61 of the Principal Act, for

clause (g), the following clause shall be substituted, namely:—

‘(g)

that the tariff progressively reflects the cost of supply of electricity

and also reduces cross-subsidies in the manner specified by the Appropriate

Commission;”.

11.

Amendment of section 126.—In section 126 of the Principal Act,—

(i)

for sub-section (3), the following sub-section shall be substituted,

namely:—

“(3)

The person, on whom an order has been served under sub-section

(2), shall be entitled to file objections, if any, against the provisional assessment

before the assessing officer, who shall, after affording a reasonable opportunity

of hearing to such person, pass a final order of assessment within thirty days

from the date of service of such order of provisional assessment, of the electricity

charges payable by such person.”;

(ii)

in sub-section (4), the proviso shall be omitted;

(iii)

for sub-section (5), the following sub-section shall be substituted,

namely:—

“(5)

If the assessing officer reaches to the conclusion that unauthorised

use of electricity has taken place, the asesssment shall be made for the entire

period during which such unauthorised use of electricity has taken place and if,

however, the period during which such unauthorised use of electricity has taken

place cannot be ascertrained, such period shall be limited to a period of twelve

months immediately preceeding the date of inspection.”;

(iv)

in sub-section (6), for the words “one-and-half times”, the word

“twice” shall be substituted;

(v)

in the explanation occurring at the end, in clause (b), for sub-clause

(iv), the following sub-clauses shall be substituted, namely:—

“(iv)

for the purpose other than for which the usage of electricity was

authorised; or

(v)

for the premises or areas other than those for which the supply of

electricity was authorised.”.

12.

Amendment of section 127.—In section 127 of the Principal Act, in

sub-section (2), for the words “one-third of the assessed amount”, the words

“half of the assessed amount” shall be substituted.

13.

Amendment of section 135.—In section 135 of the Principal Act,—

(A)

for sub-section (1), the following sub-sections shall be substituted,

namely:—

“(1)

Whoever, dishonestly,—

(a) taps, make or causes to be made any connection with overhead,

underground or under water lines or cables, or service wires, or service facilities

of a licensee or supplier, as the case may be; 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

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 ; or

(d) uses electricity through a tampered meter ; or

(e) uses electricity for the purpose other than for which the usage of

electricity was authorised, so as to abstract or consume or use electricity shall

be punishable with imprisonment for a term which may extend to three years or

with fine or with both :

Provided that in a case where the load abstracted, consumed, or used or

attempted abstraction or attemted consumption or attempted use—

(i) does not exceed 10 kilowatt, the fine imposed on first conviction

shall not be less than three times the financial gain on account of such theft of

electricity and in the event of second or subsequent conviction the fine imposed

shall not be less than six times the financial gain on account of such theft of

electricity ;

(ii) exceed 10 kilowatt, the fine imposed on first conviction shall not be

less than three times the financial gain on account of such theft of electricity and

in the event of second or subsequent conviction, the sentence shall be

imprisonment for a term not less than six months, but which may extend to five

years and with fine not less than six times the financial gain on account of such

theft of electricity :

Provided further that in the event of second and subsequent conviction of

a person where the load abstracted, consumed, or used or attempted abstraction

or attempted consumption or attempted use exceeds 10 kilowatt, such person shall

also be debarred from getting any supply of electricity for a period which shall

not be less than three months but may extend to two years and shall also be

debarred from getting supply of electricity for that period from any other source

or generating station :

Provided also that if it is proved that any artificial means or means not

authorised by the Board or licensee or supplier, as the case may be, exist for the

abstraction, consumption or use of electricity by the consumer, it shall be

presumed, until the contrary is proved, that any abstraction, consumption or use

of electricity has been dishonestly caused by such consumer.

(1A) Without prejudice to the provisions of this Act, the licensee or

supplier, as the case may be, may, upon detection of such theft of electricity,

immediately disconnect the supply of electricity :

Provided that only such officer of the licensee or supplier, as authorised

for the purpose by the Appropriate Commission or any other officer of the

licensee or supplier, as the case may be, of the rank higher than the rank so

authorised shall disconnect the supply line of electricity :

Provided further that such officer of the licensee or supplier, as the case

may be, shall lodge a complaint in writing relating to the commission of such

offence in police station having jurisdiction within twenty-four hours from the time

of such disconnection :

Provided also that the licensee or supplier, as the case may be, on deposit

or payment of the assessed amount or electricity charges in accordance with the

provisions of this Act, shall, without prejudice to the obligation to lodge the

complaint as referred to in the second proviso to this clause, restore the supply

line of electricity within forty-eight hours of such deposit or payment.”;

(B) in sub-section (2), for the words “Any officer authorised”, the words

“any officer of the licensee or supplier as the case may be, authorised” shall be

substituted.

14.

Amendment of section 150.—In section 150 of the principal Act, after

sub-section (2), the following shall be inserted, namely:—

‘(3) Notwithstanding anything contained in sub-section (1) of section 135,

sub-section (1) of section 136, section 137 and section 138, the licence or

certificate of competency or permit or such other authorisation issued under the

rules made or deemed to have been made under this Act to any person who

acting as an electrical contractor, supervisor or worker abets the commission of

an offence punishable under sub-section (1) of section 135, sub-section (1) of

section 136, section 137, or section 138, on his conviction for such abetment,

may also be cancelled by the licensing authority :

Provided that no order of such cacellation shall be made without giving

such person an opportunity of being heard.

Explanation.—For the purposes of this sub-section, “licensing authority”

means the officer who for the time being in force is issuing or renewing such

licence or certificate of competency or permit or such other authorisation.’.

15.

Amendment of section 151.—In section 151 of the principal Act, the

following provisios shall be inserted, namely:—

“Provided that the court may also take cognizance of an offence

punishable under this Act upon a report of a police officer filed under section 173

of the Code of Criminal Procedure, 1973 : (2 of 1974).

Provided further that a special court constituted under section 153 shall

be competent to take cognizance of an offence without the accused being

committed to it for trial.”.

16.

Insertion of new sections 151A and 151B.—After section 151 of the

principal Act the following sections shall be inserted, namely :—

151A. Power of police to investigate.—For the purposes of Investigation

of an offence punishable under this Act, the police officer shall have all the

powers as provided in Chapter XII of the Code of Criminal Procedure, 1973.

(2 of 1974).

151B.

Certain offences to be cognizable and non-bailable.—

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of

1974) an offence punishable under sections 135 to 140 or section 150 shall be

cognizable and non-bailable.”.

17.

Amendment of section 153.—In section 153 of the principal Act, in sub-

section (1), for the words and figures “sections 135 to 139”, the words and

figures “sections 135 to 140 and sections 150” shall be substituted.

18.

Amendment of section 154.—In section 154 of the principal Act,—

(i)

for the words and figures “sections 135 to 139”, wherever they occur,

the words and figures “section 135 to 140 and section 150” shall be substituted ;

(ii) in sub-section (5), for the words “Special Court may” the words

“Special Court shall” shall be substituted.

19.

Amendment of section 176.—In section 176 of the principal Act, in

clause (2), in clause (b), for the brackets and words “(including the capital

adequacy, credit worthiness or code of conduct)”, the words “relating to the

capital adequacy, credit worthiness or code of conduct” shall be substituted.

20.

Amendment of section 178.—In section 178 of the principal Act, in

sub-section (2),—

(i)

in clause (k), the words “and elimination” shall be omitted ;

(ii) in clause (m), the words “and elimination” shall be omitted ;

(iii) for clause (r), the following clause shall be substituted, namely :—

“(r) the manner for reduction of cross-subsidies under clause (g) of

section 61;”.

21.

Amendment of section 181.—In section 181 of the principal Act, in

sub-section (2),—

(i)

in clause (j), the words “and elimination” shall be omitted ;

(ii) in clause (m), the words “and elimination” shall be omitted ;

(iii) in clause (p), the words “and elimination” shall be omitted ;

(iv) for clause (zc), the following clause shall be substituted, namely:—

“(zc) the manner of reduction of cross-subsidies under clause (g) of

section 61;”.