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Laws of India

Electricity (Amendment) Act, 2007 (Act No. 26 of 2007)

Made 2007-05-28 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

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About this law

Language
English
Kind
Act
Country
India
Subjects
Energy
Keywords
energy conservation/energy production, authorization/permit, offences/penalties

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Text

The law's own text, section by section, as held. Each section has its own link.

  1. 10 — In section 61 of the principal Act, for clause (g), the following clause shall be Amendment of

    10. In section 61 of the principal Act, for clause (g), the following clause shall be Amendment of substituted, namely: - section 61. "(g) that the tariff progressively reflects the cost of supply of electricity and also reduces cross-subsidies in the manner specified by the Appropri ate Commission ;", / ., I I . In section 126 of the principal Act,- Ame ndment of section 126. (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 obj ections, if any, against the provi sional 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 ofservice ofsuch order of provisional assessment , of the electr icity charges payable by such person."; (it) 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 electri city has taken place, the assessment shall be made for the entire period during which such unauthor ised use of electr icity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained , such period shall be limited to a period of twelve months immediately preceding 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 occurri ng at the end, in clause (b), for sub-c lause (iv), the following sub-clauses shall be substitu ted, 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.".

  2. 12 — In section 127 of the principal Act, in sub-section (2), for the words "one -third of Amendment of

    12. In section 127 of the principal Act, in sub-section (2), for the words "one -third of Amendment of the assess ed amount", the words " half of the assessed amount" shall be substituted. section 127.

  3. 13 — In section 135 of the principal Act, - 'Amendment of

    13. In section 135 of the principal Act, - 'Amendment of section 13 5 (A) for sub-section (1), the following sub-sections shall be substituted, namely:- " (1) Whoever, dishonestly,- (a) taps, makes 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) tamp ers a meter, installs or uses a tampered meter, curre nt 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 destro ys an electric meter, apparatus, equ ipment, or wire or causes or allows any of them to be so damaged or destro yed as to interfere with the proper or accurate metering of electricity; or (d) uses electricit y through a tampe red meter; or (e) uses electricity for the purpose othe r than for which the usage of electricity was authorised. 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- so as to abstract or consume or use electr icity 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 attempted consumption or attempted use- (z) does not exceed 10kilowatt,the fine imposedon first conviction shall not be less than three times the financial gain on account of such theft of electricityand 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) exceeds 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 funher 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 J 0 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 orgenerating station: Provided also that if it is proved that any artifici al means or means not authorised by the Board or licensee or supplier, as the case may be, exist forth e 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 dishonestlycaused by such consumer. (I A) Without prej udice 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 ofthe licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station havingjurisdiction within twenty-four hours from the time of such disconnection: Provided alsothat 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 thisAct, shall, withoutprejudice 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-e ight hours of such deposit or payment." ; (B) in sub-section (2), for the words"Any officer authorised", the words "Any officer of the licenseeor supplieras the case may be, authorised" shall be substituted. Amendment of 14. In section 150 of the principal Act, after sub-section (2), the following shall be section 150. inserted , namely:- '(3) Notwithstandinganythingcontained insub-section (I) of section 135,sub- section (I) of scction 136, section 137 and section 138, the licence or certificate of SEC. I] THE GAZETTE OF INOlA EXTRAORDINARY 5 competencyor permitor suchotherauthorisation issuedunderthe rulesmadeor deemed 10 have been made under this Act to any person who acting as an electrical contractor, supervisor or worker abets Ihe commission of an offence punishable under sub-section (I) of section 135, sub-section (I) 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 cancellation shall be made without giving such person an opport unity of being heard. Explanation>- For the purposesof this sub-section, "licensingauthority" 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.' . IS. In section151of the principalAct,the following provisos shall be inserted, namely:- Amendment of sccuon 151. "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 2 of 1974. Criminal Procedure, 1973: 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.".

  4. 16 — After section 151 of the principal Act, the following sections shall be inserted, Insertion orne

    16. After section 151 of the principal Act, the following sections shall be inserted, Insertion orne.... namely:- sections 15l A andJ51B " ISl A. For the purposes of investigation of an offence punishable under this Power of police Act, the police officer shall have all the powers as provided in Chapter XI! of the to investigate 2 of 1974. Code of Criminal Procedure, 1973. 151 B. Notwithstanding anyt hing contained in the Code of Criminal Procedure. Certam offences 2 of 1974. 1973, an offence punishable under sections 135to 140or section 150shall be cognizable to be cognizable andnon-bailable and non-bailable." . ,

  5. 17 — In section 153ofthe principal Act, insub-section(I), forthewords andfigures "sections Amendment of

    17. In section 153ofthe principal Act, insub-section(I), forthewords andfigures "sections Amendment of 135 to 139", the words and figures"sections 135 to 140 and section ISO" shall be substituted. section 153.

  6. 18 — In section 154 of the principal Act,- Amendment of

    18. In section 154 of the principal Act,- Amendment of secuon 154. (i) for the words and figures "sections 135 to 139" wherever they occur, the words and figures "sections 135 to 140 and section ISO" shall be substituted; (ii) in sub-section (5), for the words "Special Court may", the words "Special Court shall" shall be substitued. /

  7. 19 — In section 176 of the principalAct, in clause (2), in clause (b), forthe brackets and Amendment of

    19. In section 176 of the principalAct, in clause (2), in clause (b), forthe brackets and Amendment of words "(including the capital adequacy, credit worthiness or code of conduct)", the words section 176. "relating to the capital adequacy, credit worthiness or code of conduct" shall be substituted.

  8. 20 — In section 178 of the principal Act, in sub-section (2),- Amendment of

    20. In section 178 of the principal Act, in sub-section (2),- Amendment of section 178. (/) 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 6 1;".

  9. 21 — In section 181 of the principal Act, in sub-section (2),- Amendment of

    21. In section 181 of the principal Act, in sub-section (2),- Amendment of section lSI (i) in clause 0). 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; 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-SEC. I] (iv) for clause (zc), the following clause shall be substituted, uamely;- "(zc} the manner of reduction of cross-subsidies under clause (g) of section 61;". K. N. CHATURVEDI, Secy. to the Govt. of Indio. I'RISTED BY HIE M ANAGER , GOVT. OF I f\DIA PRESS, Mimo ROAD, l\ EW DELHI AND l'u nUSUED fiY THE CO:'\'TROLLEROf PUBLICATIONS, DELHI, 2007 MGIPMRND-2474GI(S5)-30·05-2007.

Electricity (Amendment) Act, 2007 (Act No. 26 of 2007) · Nelum