The electricity act, 1910 (act no. IX of 1910)




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PART III

SUPPLY, TRANSMISSION AND USE OF ENERGY BY NON-LICENSEES
 

 

 



Sanction required by non-licensees in certain cases

 

28. (1) No person, other than a licensee, shall engage in the business of supplying energy except with the previous sanction of the Government and in accordance with such conditions as the Government may fix in this behalf, and any agreement to the contrary shall be void:Provided that such sanction shall not be given within the area for which a local authority is constituted, without that local authority's consent, or within the area of supply of any licensee, without that licensee's consent, unless the Government considers that consent has been unreasonably withheld.



(2) Where any difference or dispute arises as to whether any person is or is not engaging; or about to engage, in the business of supplying energy within the meaning of sub-section (1), the matter shall be referred to the Government, and the decision of the Government thereon shall be final.

(3) The Government may, if in its opinion the public interest so requires, cancel or discontinue, at any time, the sanction given under sub-section (1).

(4) Where the Government revokes, cancels or discontinues a sanction given under sub-section (1), the provisions of section 5 shall apply mutatis mutandis.

 

 



 

 

Power for non-licensees to break up streets



 

29. (1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the Government under section 28 to engage in the business of supplying energy, all or any of the powers and liabilities of a licensee under sections 12 to 19, both inclusive, and the provisions of the said sections shall thereupon apply as if such person were a licensee under Part II.

(2) A local authority, not being a licensee, shall, for the purpose of lighting any street, have the powers and be subject to the liabilities respectively conferred and imposed by sections 12 to 19, both inclusive, so far as applicable, as if it were a licensee under Part II.

(3) In cases other than those for which provision is made by sub-section (1), the person responsible for the repair of any street may, by order in writing, confer and impose upon any person who proposes to transmit energy in such street all or any of the powers and liabilities of a licensee under sections 12 to 19 (both inclusive), in so far as the same relate to-

(a) opening or breaking up of the soil or pavement of such street, or

(b) laying down or placing electric supply-lines in, under, along or across such street, or

(c) repairing, altering or removing such electric supply-lines, and thereupon the provisions of the said sections shall, so far as aforesaid, apply to such person as if he were a licensee under Part II.

(4) If no order is made within fourteen days after the receipt of an application for the same under sub-section (1) or sub-section (3), the order so applied for shall be deemed to have been refused, and every order, and every refusal to make an order, under sub-section (1) or sub-section (3), shall be subject to revision by the Government.

 

 

 


 

Application of section 18 to aerial lines maintained by railways



 

18[ 29A. The provisions of sub-sections (3) and (4) of section 18 and of the Explanation thereto shall apply in the case of any aerial line placed by any railway administration as defined in section 3 of the Railways Act, 1890, as if references therein to the licensee were references to the railway administration.]

 

 

 


 

Control of transmission and use of energy



 

30. (1) No person, other than a licensee duly authorized under the terms of his license, shall transmit or use energy at a rate exceeding 19[ one kilowatt],-

(a) in any street, or

(b) in any place,

(i) in which one hundred or more persons are likely ordinarily to be assembled, or

(ii) which is a factory within the meaning of the 20[ Factories Act, 1965,] or

(iii) which is a mine within the meaning of the 21[ Mines Act, 1923,] or

(iv) to which the Government, by general or special order, declares the provisions of this sub-section to apply,

22[ without obtaining permission from the Government] and complying with such of the provisions of Part IV, and of the rules made thereunder, as may be applicable:

Provided that nothing in this section shall apply to energy used for the public carriage of passengers, animals or goods on, or for the lighting or ventilation of the rolling-stock of, any railway or tramway subject to the provisions of the Railways Act, 1890:

Provided, also, that the Government may, by general or special order and subject to such conditions and restrictions as may be specified therein, exempt from the application of this section or of any such provision or rule as aforesaid any person or class of persons using energy on premises upon or in connection with which it is generated, or using energy supplied under Part II in any place specified in clause (b).

(2) Where any difference or dispute arises as to whether a place is or is not one in which one hundred or more persons are likely ordinarily to be assembled, the matter shall be referred to the Government, and the decision of the Government thereon shall be final.

(3) The provisions of this section shall be binding on the Government.

 

 



PART IV

GENERAL
 

Protective Clauses

 

 



Protection of railways and canals, docks, wharves and piers

 

31. No person shall, in the generation, transmission, supply or use of energy, in any way injure any railway, tramway, canal or waterway or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, tramway, canal or water-way.



 

 

 


 

Protection of telegraphic, telephonic and electric signalling lines



 

32. (1) Every person generating, transmitting, supplying or using energy (hereinafter in this section referred to as the “operator”) shall take all reasonable precautions in constructing, laying down and placing his electric supply-lines and other works and in working his system, so as not injuriously to affect, whether by induction, or otherwise, the working of any wire or line used for the purpose of telegraphic, telephonic or electric- signalling communication, or the currents in such wire or line.

(2) Where any difference or dispute arises between the operator and the telegraph-authority as to whether the operator has constructed, laid down or placed his electric supply-lines or other works, or worked his system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Government; and the Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric supply-lines or works of the operator after the construction of such lines or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly:

Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric supply-line so long as the course of the electric supply-line and the amount and nature of the energy transmitted thereby are not altered.

(3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.

Explanation − For the purposes of this section, a telegraph-line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric supply-line or work or by any use made thereof.

 

 

 


 

Notice of accidents and inquiries



 

33. (1) If any accident occurs in connection with the generation, transmission, supply or use of energy in, or in connection with, any part of the electric supply-lines or other works of any person, and the accident results or is likely to have resulted in loss of life or personal injury, such person shall give notice of the occurrence, and of any loss of life or personal injury actually occasioned by the accident, in such form and within such time and to such authorities as the Government may, by general or special order, direct.

(2) The Government may, if it thinks fit, require any Electric Inspector, or any other competent person appointed by it in this behalf, to inquire and report-

(a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by, or in connection with, the generation, transmission, supply or use of energy, or

(b) as to the manner in, and extent to, which the provisions of this Act or of any license or rules thereunder, so far as those provisions affect the safety of any person, have been complied with.

 

 



 

 

Prohibition of connection with earth, and power for Government to interfere in certain cases of default



 

34. (1) No person shall, in the generation, transmission, supply or use of energy, permit any part of his electric supply-lines to be connected with earth except so far as may be prescribed in this behalf or may be specially sanctioned by the Government.

(2) If at any time it is established to the satisfaction of the Government-

(a) that any part of an electric supply-line is connected with earth contrary to the provisions of sub-section (1), or

(b) that any electric supply-lines or other works for the generation, transmission, supply or use of energy are attended with danger to the public safety or to human life or injuriously affect any telegraph-line, or

(c) that any electric supply-lines or other works are defective so as not to be in accordance with the provisions of this Act or of any rule thereunder,

the Government may, by order in writing, specify the matter complained of and require the owner or user of such electric supply-lines or other works to remedy it in such manner as shall be specified in the order, and may also in like manner forbid the use of any electric supply-line or works until the order is complied with or for such time as is specified in the order.

 

 



 

Administration and Rules

 

 

Advisory Board



 

35. (1) The Government may, for the whole or any part of 23[ Bangladesh], by notification in the official Gazette, constitute an 24[ Electricity Board].

(2) The Board shall consist of a chairman and not less than two other members.

(3) The Government may, by general or special order,-

(a) determine the number of members of which the Board shall be constituted and the manner in which such members shall be appointed,

(b) define the duties and regulate the procedure of the Board,

(c) determine the tenure of office of the members of the Board, and

(d) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of the Board in the performance of his duty.

 

 

 


 

Appointment of Electric Inspectors



 

36. (1) 25[ Omitted by Schedule of the Central Laws (Adaptation) Order, 1964.]

(2) The Government may, by notification in the official Gazette, appoint duly qualified persons to be Electric Inspectors within such areas as may be assigned to them respectively; and every Inspector so appointed shall exercise the powers and perform the functions of an Electric Inspector under this Act subject to such restrictions as the Government may direct.

(3) In the absence of express provision to the contrary in this Act, or any rule thereunder, an appeal shall lie from the decision of an Electric Inspector to the Government or, if the Government, by general or special order, so directs, to the [Electricity Board].

 

 

 


 

[Omitted]



 

36A. [Omitted by section 3 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).]

 

 

 


 

Power for Board to make rules



 

37. (1) The Government may make rules for the whole of 26[ Bangladesh] or any part thereof, to regulate the generation, transmission, supply and use of energy, and, generally, to carry out the purposes and objects of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-

(a) prescribe the form of applications for licenses and the payments to be made in respect thereof;

(b) regulate the publication of notices;

(c) prescribe the manner in which objections with reference to any application under Part II are to be made;

(d) provide for the preparation and submission of accounts by licensees in a specified form;

(e) provide for the securing of a regular, constant and sufficient supply of energy by licensees to consumers and for the testing at various parts of the system of the regularity and sufficiency of such supply and for the examination of the records of such tests by consumers;

(f) provide for the protection of persons and property from injury by reason of contact with, or the proximity of, or by reason of the defective or dangerous condition of, any appliance or apparatus used in the generation, transmission, supply or use of energy;

(g) for the purposes of electric traction regulate the employment of insulated returns, or of uninsulated metallic returns of low resistance, in order to prevent fusion or injurious electrolytic action of or on metallic pipes, structures or substances, and to minimise, as far as is reasonably practicable, injurious interference with the electric wires, supply-lines and apparatus of parties other than the owners of the electric traction system, or with the currents therein, whether the earth is used as a return or not;

(h) provide for preventing telegraph-lines and magnetic observatories or laboratories from being injuriously affected by the generation, transmission, supply or use of energy;

(i) prescribe the qualifications to be required of Electric Inspectors;

(j) authorise any Electric Inspector or other officer of a specified rank and class to enter, inspect and examine any place, carriage or vessel in which he has reason to believe any appliance or apparatus used in the generation, transmission, supply or use of energy to be, and to carry out tests therein, and to prescribe the facilities to be given to such Inspectors or officers for the purposes of such examinations and tests;

(k) authorise and regulate the levy of fees for any such testing or inspection and, generally, for the services of Electric Inspectors under this Act; and

(l) provide for any matter which is to be or may be prescribed.

(3) [Omitted by section 4 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).]

(4) In making any rule under this Act, the Electricity Board may direct that every breach thereof shall be punishable with fine which may extend to 27[ one thousand taka], and, in the case of a continuing breach, with a further daily fine which may extend to 28[ one hundred taka].

 

 



 

 

Further provisions respecting rules



 

38. (1) The power to make rules under section 37 shall be subject to the condition of the rules being made after previous publication.

(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, as that after which a draft of rules proposed to be made under section 37 will be taken into consideration shall not be less than three months from the date on which the draft of the proposed rules was published for general information.

(3) All rules under section 37 shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.

 

 

 



Criminal Offences and Procedure

 

 



Penalty for dishonest abstraction, etc of energy

 

29[ 30[ 39. (1) Whoever dishonestly abstracts, consumes or uses energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to a fine of ten thousand taka.



Explanation 1.-The existence of any device, contrivance or artificial means for such abstraction, consumption or use shall be prima facie evidence of dishonest abstraction, consumption or use.

Explanation 2 - A person shall be deemed to have dishonestly abstracted, consumed or used energy, if he is found-

(a) to have tampered or interfered with the set order of wiring connection of any meter, measuring apparatus, including Kilowatt meter, Kilowatt hour meter, Kilowatt ampere hour meter, kilovolt ampere meter, kilovolt ampere reactive hour meter, current transformers, potential transformers or their respective fuses installed by the licensee for the supply and registration of energy; or

(b) to have prevented by drilling hole in the casing, covering or glass, or by jamming the mechamism by mechanical, magnetic or by any other means, any meter, maximum demand indicator or other measuring apparatus from duly registering the amount of energy supplied or the electrical quantity contained in the supply; or

(c) to have connected, without written consent of the licensee, his installations, appliances, and apparatus for the consumption or use of energy with the licensee's work directly without passing through a meter, maximum demand indicator or other measuring apparatus.

(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.]

 

 

 


 

Penalty for installation of artificial means, etc



 

39A. Whoever installs or uses any device, contrivance or artificial means for dishonest abstraction, consumption or use of energy of a licensee, whether he derives any benefit therefrom or not, 31[ shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka] and if it is proved that any device, contrivance or artificial means for such abstraction, consumption or use exists or has existed on a premises, it shall be presumed, unless the contrary is proved, that such person has committed an offence under this section.

Explanation. − In this section, “artificial means” include-

(a) making of direct electrical connection from the aerial line through artificial jumper;

(b) making of direct electrical connection from transformers, cable, meter's main terminals and from consumer's installations through artificial wiring;

(c) disconnecting the potential link from the meter terminals by means of a plier, screw driver, cuter or any other instruments;

(d) breaking the glass cover of a meter or drilling hole in the casing or covering of a meter by any means;

(e) stopping or slowing the revolutions of a meter disc by artificial magnet; or

(f) stopping or slowing or reversing the revolutions of the meter disc by changing the phase sequence of meter through artificial electrical circuit.]

 

 



 

 

Penalty for maliciously wasting energy or injuring works



 

32[ 40. (1) Whoever maliciously causes energy to be wasted or diverted, or, with intent to cut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric supply-line or works shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to a fine of ten thousand taka.

(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.]

 

 



 

 

Penalty for the theft of line materials, tower members, equipments, etc, from any electric supply system



 

33[ 40A. Whoever dishonestly removes, dismantles, commits theft or wilfully damages any line materials such as, pole, tower parts, conductors, transformers from an electric supply-line belonging to a licensee 34[ shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.]]

 

 

 


 

Penalty for dishonestly receiving stolen property



 

35[ 40B. Whoever dishonestly receives or retains any stolen electric-line materials or sub-station materials or equipment knowing or having reasons to believe the same to be stolen property, shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.]

 

 

 


 

Penalty for unauthorized supply of energy by non-licensees



 

36[ 41. (1) Whoever, in contravention of the provisions of section 28, engages in the business of supplying energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to fine which may extend to fifteen thousand taka.

(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such-second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.]

 

 



 

 

Penalty for illegal or defective supply or for non-compliance with order



 

37[ 42. (1) Whoever-

(a) being a licensee, save as permitted under section 27 or section 51 or by his license, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or

(b) being a licensee, in contravention of the provisions of this Act or of the rules thereunder, or in breach of the conditions of his license, and without reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply energy; or

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