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




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(c) makes default in complying with any order issued to him under section 34, sub-section (2),

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 a daily fine of one thousand taka.]

 

 



 

 

Penalty for illegal transmission or use of energy



 

38[ 43. (1) Whoever, in contravention of the provisions of section 30, transmits or uses energy without giving the notice required thereby, 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.

(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 interference with meters or licensee’s works and for improper use of energy



 

39[ 44. (1) Whoever-

(a) connects any meter, maximum demand indicator or other measuring apparatus referred to in section 26, with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line, without the licensee's consent in writing; or

(b) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee, without such licensee's consent in writing; or

(c) uses the energy supplied to him by a licensee under one method of charging in a manner for which a higher method of charging is in force without the licensee's consent in writing, or adopts any appliance or increase load beyond sanction load, or use energy supplied to him by a licensee in a manner prejudicial to the safety or efficient working of the licensee's electric supply-line or works, or deals with it in a manner so as to interfere with the efficient supply of energy by the licensee to any other person,

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 fine which may extend to thirty thousand taka.

(2) If in case of sub-section (1) it is proved that any artificial means exist or have existed for making such connection as is referred to in clause (a), or such communication as is referred to in clause (b), or for facilitating such improper use of energy as is referred to in clause (c), and that the meter, maximum demand indicator or other measuring apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, communication or improper use, as the case may be, has been knowingly and willfully caused by such consumer.

(3) 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 which may extend to three thousand taka.]

 

 

 


 

Penalty for abettors in certain offences



 

40[ 44A. Whoever, including an officer or employee of the licensee, abets the commission of any offence under sections 39, 39A, 40, 40A, 40B, 41, 42, 43 and 44 of this act shall be punishable with the same penalties as have been provided in the said sections for the offences specified therein.

Explanation.-A person abets the commission of any offence, if he-

(a) instigates any person to commit the offence;

(b) engages with one or more other persons in conspiracy for committing the offence;

(c) intentionally aids the commission of the offence; or

(d) facilitates in any way the commission of the offence.]

 

 



 

 

Penalty for extinguishing public lamps



 

45. Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment 41[ 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 ten thousand taka].

 

 

 


 

Penalty for negligently wasting energy or injuring works



 

46. Whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, 42[ or negligently throws, puts any articles on the electric supply-line or equipment to interrupt supply of energy] shall be punishable with 43[ 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 fine of ten thousand taka.]

 

 

 


 

Penalty for offences not otherwise provided for



 

44[ 47. (1) Whoever, in any case not already provided for by sections 39 to 46 (both inclusive), makes default in complying with any of the provisions of this Act, or with any order issued under it, or in the case of a licensee, with any of the conditions of his license, 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 a fine of five thousand taka:

Provided that, where a person has made default in complying with any of the provisions of sections 13, 14, 15, 17 and 32, as the case may be, he shall not be so punishable if the court is of opinion that the case was one of emergency and that the offender complied with the said provisions as far as was reasonable under the circumstances.

(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 five hundred taka.]

 

 

 


 

Penalties not to affect other liabilities



 

48. The penalties imposed by sections 39 to 47 (both inclusive) shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or, in the case of a licensee, the revocation of his license, or the payment of penalty in lieu thereof, which the offender may have incurred.

 

 

 


 

Penalties where works belong to Government



 

49. The provisions of sections 39, 40, 44, 45 and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of energy supplied by, or of works belonging to, the Government.

 

 

 


 

Offences by companies



 

45[ 49A. (1) if the person committing an offence under this Act is a company, every person who at the time the offence has been committed was incharge of, or was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under the Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section-

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to firm, means a partner in the firm.]

 

 



 

 

Institution of prosecutions



 

46[ 50. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) offences under sections 39, 39A, 40, 40A, 40B, 41, 42, 43, 44, 44A, 45, 46 and 47 of this Act shall be cognizable.

(2) No court shall take cognizance of any offence against an employee of the licensee for abetting the commission of any offence under this Act unless a report to that effect is filed by an officer not below the rank of an Assistant Engineer of the concerned licensee for the offence committed.

ExplanationA person is said. to abets the commission of any offence, if he

(a) instigates any person to commit the offence;

(b) engages with one or more other persons in conspiracy for committing the offence;

(c) Intentionally aids the commission of the offence; or

(d) facilitates in any way the commission of the offence.

(3) any officer not below the rank of an Assistant Engineer of the concerned licensees shall be competent of file cases for any offence under this Act or any rule, license of order made thereunder in the court taking cognizance of the offence.]

 

 



 

 

Power of Magistrate to pass sentence, impose fine



 

47[ 50A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) or in any other law for the time being in force, the Magistrate shall be competent to pass any sentence and impose any fine authorized by this Act.]

 

 

 



Supplementary

 

 



Exercise in certain cases of powers of telegraph-authority

 

51. Notwithstanding anything in sections 12 to 16 (both inclusive) and sections 18 and 19, the Government may, by order in writing, for the placing of appliances and apparatus for the transmission of energy, confer upon any public officer or licensee, subject to such conditions and restrictions (if any) as the Government may think fit to impose, and to the provisions of the Telegraph Act, 1885, any of the powers which the telegraph-authority possesses under that Act, with respect to the placing of telegraph-lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained.



 

 

 


 

Arbitration



 

52. Where any matter is, by or under this Act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the license of a licensee, be determined by such person or persons as the Government may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the Arbitration Act 1940.

 

 

 


 

Bar to jurisdiction of Civil Courts



 

52A. Notwithstanding anything contained in any other law for the time being in force, every order passed revoking a licence under section 4 or taking possession of any undertaking under section 5 or cancelling a sanction under section 28 shall, subject to the Provisions of arbitration provided in this Act, be final and shall not be called in question in any Court.

 

 

 


 

Service of notices, orders or documents



 

53. (1) Every notice, order or document by or under this Act required or authorised to be addressed to any person may be served by post or left,-

(a) where the Government is the addressee, at the office of such officer as the Government, 48[ * * *] may designate in this behalf;

(b) where a local authority is the addressee, at the office of the local authority;

(c) where a company is the addressee, at the registered office of the Company or, in the event of the registered office of the Company or, in the event of the registered office of the Company not being in Bangladesh at the head office of the Company in Bangladesh;

(d) where any other person is the addressee, at the usual or last known place of adobe or business of the person.

(2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.

 

 



 

 

Recovery of sums recoverable under certain provisions of Act



 

54. Any penalty imposed under section 4, sub-section (2), every sum declared to be recoverable by section 5, clause (f), section 6, sub-section (2), section 14, sub-section (2), clause (h), section 16, sub-section (2), section 18, sub-section (2) or sub-section (4), or section 26, sub-section(4), and every fee leviable under this Act, may be recovered, on application to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident, by the distress and sale of any moveable property belonging to such person.

 

 

 


 

Charges for supply of energy recoverable as arrears of land revenues



 

49[ 54A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any instrument or agreement, the charges for supply of energy or any other sum outstanding against a consumer under this Act shall be recoverable as an arrear of land revenue.

(2) A licensee, or any person duly authorised by the licensee, may apply with a certificate showing the amount outstanding against a consumer to the Collector of the district concerned for the recovery of the said amount, and the Collector shall, thereupon proceed to recover the same from such consumer, or his sureties, or from all of them, as an arrear of land revenue.

 

 



 

 

Requisition of police assistance



 

50[ 54B. Where a licensee or any person duly authorised by him in this behalf, requires any police assistance for carrying out the purposes of this Act, he may make an application to the officer-in-charge of the Police Station of the concerned Thana:

Provided that a copy of the requisition letter will be sent to the Superintendent of Police of the concerned District, Metropolitan Police Commissioner in a Metropolitan Area, the Deputy Commissioner of the District or the Upazilla Nirbahi Officer of the Upazilla concerned as the case may be, who will ensure to render the police assistance required.]

 

 



 

 

Bar of Jurisdiction



 

54C. (1) Where a licensee gives a notice referred to in sub-section (1) of section 24 or discontinues supply of energy to premises under the provisions of this Act, no court shall make an order prohibiting the licensee from discontinuing supply of energy to the premise, or requiring him to restore supply of energy to such premises:

Provided that nothing contained herein shall apply to a case in which the plaintiff, applicant or appellant within a period of thirty days of the aforesaid date or at the time of filing the suit, application or appeal, as the case may be, deposit with the court the amount assessed against him by the licensee and all further charges of the licensee as and when they become due; and in the event of his failing to do so, any order prohibiting the licensee from discontinuing the supply of energy to the premises, or requiring him to restore the supply of energy to the premises, if already made, shall cease to have effect.

(2) Where an amount has been deposited under sub-section (1), the court shall direct it to be deposited in a scheduled bank in the name of the licensee on an undertaking being furnished by the licensee to the effect that in case the suit, application or appeal is decided against him, he shall repay the said amount to the plaintiff, applicant or appellant, as the case may be, with such reasonable return as the court may determine.]

 

 

 


 

Delegation of certain functions of Government to Electric Inspectors



 

55. The Government may, by general or special order, authorise the discharge of any of its functions under section 13 or section 18 or section 34, sub-section (2), or clause V, sub-clause (2), or clause XIII of the Schedule by an Electric Inspector.

 

 

 


 

Protection for acts done in good faith



 

56. No suit, prosecution or other proceeding shall lie against any public officer, or any servant of a local authority, for anything done, or in good faith purporting to be done, under this Act.

 

 

 


 

[Omitted]



 

57. [Omitted by section 17 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).]

 

 

 


 

[Omitted]



 

58. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

 
 


 

1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” or `Central Government or the Provincial Government` or “Central Government or any Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

2 The words “who is the owner or occupier of the premises which” were substituted, for the words “whose premises” by section 2 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

3 The words `except the transmission of a massage` were omitted by section 2 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).

4 The words “one hundred taka” were substituted, for the words “five taka” by section 3 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

5 The words “without intimation to the local authority or to the owner or” were substituted, for the words “without the consent of the local authority or of the owner and” by section 4 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

6 The words “immediate intimation in writing by special messenger or by telephonic message followed by written intimation” were substituted, for the words “not less than forty-eight hours' notice in writing” by section 5 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

7 Section 19A was inserted by section 5 of the Indian Electricity (Amendment) Act, 1922 (Act No. I of 1922)

8 The words “Magistrate of the 1st class” were substituted, for the words “District Magistrate” by section 3 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)

9 Proviso to sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

10 Clause (b) was substituted, for clause (b) by section 6 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

11 Clause (cc) was inserted by section 4 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)

12 The words “within the period stated therein in the bill” were inserted by section 7 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

13 The word “ten” was substituted, for the word “seven” by section 7 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

14 The commas and words “, if required by the consumer,” were omitted by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).

15 The provisos were substituted, for the proviso by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).

16 The words “in this behalf within a period of ninety days from the date of receipt of such application and after affording the parties an opportunity of being heard” were substituted, for the words “in this behalf” by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).

17 The words “or the connected load in the supply” were substituted, for the words “or the electrical quantity contained in the supply” by section 8 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

18 Section 29A was inserted by section 2 of the Indian Electricity (Amendment) Act, 1923 (Act No. XL of 1923)

19 The words “one kilowatt” were substituted, for the words “two hundred and fifty watts” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

20 The words, commas and figure “Factories Act, 1965,” were substituted, for the words, commas and figure “Indian Factories Act, 1911,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

21 The words, commas and figures “Mines Act, 1923,” were substituted, for the words, commas and figure “Indian Mines Act, 1901,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

22 The words “without obtaining permission from the Government” were substituted, for the words “without giving not less than seven clear days' notice in writing of his intension to the District Magistrate” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

23 The word `Bangladesh` was substituted for the words `the Province` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

24 The words “Electricity Board” were substituted, for the words “Advisory Board” by section 10 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

25 The words “Electricity Board” were substituted, for the words “Advisory Board” by section 11 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

26 The word `Bangladesh` was substituted for the words `East Pakistan` by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

27 The words “one thousand taka” and “one hundred taka” were substituted, for the words “three hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

28 The words “one thousand taka” and “one hundred taka” were substituted, for the words “three hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)

29 Sections 39 and 39A were substituted, for section 39 by section 13 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

30 Section 39 was substituted, for section 39 by section 2 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).

31 The words `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` were substituted, for the words and commas `shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand taka, or with both` by section 3 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

32 Section 40 was substituted, for the former section 40 by section 4 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

33 Section 40A was inserted by section 14 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

34 The words `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` were substituted, for the words and commas `punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand taka, or with both` by section 5 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).

35 Section 40B was inserted by section 6 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

36 Section 41 was substituted, for the former section 41 by section 7 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

37 Section 42 was substituted, for the former section 42 by section 8 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

38 Section 43 was substituted, for the former section 43 by section 9 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

39 Section 44 was substituted, for the former section 44 by section 10 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

40 Section 44A was substituted, for the former section 44A by section 11 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

41 The words `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 ten thousand taka` were substituted, for the words and comma `for a term which may extend to six months, or with fine which may extend to five thousand taka, or with both` by section 12 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

42 The words and comma “or negligently throws, puts any articles on the electric supply-line or equipment to interrupt supply of energy” were inserted by section 18 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).

43 The words `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 fine of ten thousand taka` were substituted, for the words `fine which may extend to five thousand taka` by section 13 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).

44 Section 47 was substituted, for the former section 47 by section 14 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

45 Section 49A was inserted by section 15 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)

46 Section 50 was substituted, for the former section 50 by section 15 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).

47 Section 50A was inserted by section 16 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)

48 The words and comma `as the case may be,` were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

49 Sections 54A, 54B and 54C were inserted by section 21 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).



50 Section 54B was substituted, for the former section 54B by section 17 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)
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