The Indian Electricity (Andhra Pradesh) (Amendment) Act, 2000

1. (1) This Act may be called the Indian Electricity ( Andhra Pradesh Amendment ) Act, 2000.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force with effect on and from the 2nd

In the Indian- Electricity Act, 1910, as in force in the State of Andhra Pradesh (hereinafter referred to as the Principal Act) in section 39:-

1. (i) for the words "imprisonment for a term which may extend to three years, or with fine which shall not be less than one thousand rupees, or with both", the words "imprisenment lor a term which may extend to five years but which shall not be less than three months and with fine which may extend to fifty thousand rupees but which shall not be less than five thousand rupeesL' shall be substituted.
2. (ii) The following proviso shall be added namely:- " Provided that a person on his conviction for an offence punishable under this Act shall be debarred from getting any supply of energy for ,a period of two years".

• • 3. In section 39-A of the principal Act, after a word 'Whoever' and before the words 'steals energy', the words "including ,. an officer or employee of 'an

Insertion of sections a4. After Section 49-A of the Principal Inserkion Act, the f ollowin5 sections shall be of - inserted, namely:- MODS 4* to 49-I.

49-B.

1. (1) Notwithstandincj anything .-- contained in the Code of Criminal ,g of Procedure, 1973, any officer of an offemem .' Electricity Utility specially empowered Cecltral in this behalf by the State Government - may accept from any consumer or person 1974. , who cor?mitted or who ' is reasonably suspected of having committed an offence of theft of eneryy punishable under this Act, a sum of money by way of compoundi in^ f3r the offzaea as specified in the Table below and as, may ' be modified by notification by Government from time to time. TABLE Nature of Service. Rate at which the sum of- money for . Compounding to be collected per KW/HP or part thereof for LT silpply and per KVA of contracted demand for HT supply. 1. Industrial Rs. 20,000/- Service. 2. Commercial Rs .10,000/- Service. 3. Agricultural RS. 2,OCO/- Service. 4. 'nther' Categories. 9s. 4,000/-
2. (2) On payment of the sum of money in icetjrddnce with sub-section (I), ally person in cusrodf Ln connectiorl with that offencc shzll be set ct liberty and no proceedlnq-s shzll be instituted or continued asainst such. con-sumer or person in any criminal court.
3. (3) The acceptance of the sum of monOy for compoundiny an offence in accordance r~ith sub-section ( 1 1 by the officer s~ecially empowered in this behalf shall be deemed to amount to an acquittal wlt.hin the meaning of section 300 of the Code of Criminal Procedure, 1973.
4. (4) The compounding of an offence under sub-seetion.
5. (1) shall be allowed only once for any person or consumer. Explanation:- For the purposes of this section, section 39-A and sections -49C to 49-1. the word 'Electricity Utility1
   • • means- a 'licensee' or ' license holderm 38d under section 14 of AP Electricity B%- Ref om Act, to transmit: or supply energy. 49-C. (1 , Fnr the purpose of providing for speedy -,rial, the State Government .p--- ds. shall with the concurrence of the Chief Justice of the High Court, by notification in the officidl Gazette, specify for a District or Districts, a Court of District a~id Sess.ions Judge to be Special Tribundl to try the offences under thls Act and determine the compensation to. be awarded to' the Electricity utility where the compensa- tion to be awzrded is upto the value of rupees ilve Lzkns: Provided t-hat if, in the opinion of the Special Tribunal any case brouyht before it is a fir cdse to be tried by the Special Court, it may, for reasons ta he recorded by it, transfer the ea.se to' the Special qourt for it.s decision in the matter. '
6. (2) An. appeal shall lie from any judgement or order, not being inter- locutory.order, of the Special Tribunal, to the Special Court..Every appeal under this sub-section .shall be preferred within a- period of sixty days from the date a£ judgement or eider of the Special Tribunal: Provided that the Special Court may entertain an appeal after the expiry of the said perid of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the oeriod of stxty days.
7. (3) Every findiny of the Special Tribunal with regard to any alleged act of theft- of energy shall be, conclusive prbbf of the fact .of theft pf~eneryy and shall be binding on the'; person, or consumer concerned. .(4) It shalJ be lawful for the Special Tribunal to pass an order'in any case- decided by it awarding compensation in ternis of money for theft of energy which shall not be less than an imount equ-ivalent to twelve months - asepsed quantity- of the energy committed tneft of at - three .times of tariff -rite applicable to the consumer or -persQn as Per guidelines p~eseribed by State Government from-time to time and the amount: of compensation so awarded shall be recovered as if it were a,decre& of a civil eourz: Provided that the special Tribunal ahall, before passing an., order under this sub-section, yive to the consumer or person an oppo,rmtunity of m%king his representation or of .adducing evidence ,- if any, in. this regard and consider every such representationu and evidence.
8. (5) Any ease pedaing bef~re any Court or other Author4ty immediately before the commencement of the Indian Electricity IAndhra Pradesh Arnendrneut) Act, 2000, as would have'been within the jurisdiction of a special Tribunal shall stand transferred to the Special Tribunal, 'having jurisdiction as if the cause of action on which such suit or proceeding- is ' based had arisen after such comme~~cement . (6 1 Ev'ery case brought before the Special Tribunal shall be disposed of finally by the Special Tribunal, as far as possible, within a period of six months from the date of its having been brought before it. Central
9. (7) Notwithstanding anything contained Act 2 of in section 260 or section 262 of the 1974- Code of Criminal Procedufe, 1973, every offence punishab-le under this Act, shall be tried in a summary way by the Speciar Tribunal and the provisions of sections 263 to 265 of the said Code shall as far as may be apply to such trial. 49-D. ( 1 )' The State Government may, by constitution notifisadon in the Official Gazette, of Special cFtute a Special Court far the Cout- $ rpose of providing speedy enquiry into any alleged act. of theft of energy and trial of cases and for awarding
   • • . compensation . to the Electricity Utility. . , . - -. . (21 A special court shall con~ist of a Chairman and not less than four other members to be appointed by the Govern- ment.
10. (3) The Chairman shall be a person who 1s or has been a Judge of a High Court and of the other four members, two. shall be persons who are or have been District Judges (hereinafter referred to- as Judicial Members) and.- the other two members, shall be persons with a Degree in Electrical Engineering' and who hold or have held a post not below the rank of a Chief Engineer in a State Electricity Board or its successor entities or a post not below the rank of a Chief Electrical Inspector in the State Government (hereinafter referred to as Technical Members): ' Provided that the appointrr,eht' of a serving member of the judiciary bs chairinan or a Judicial Member shall be made a£ ter consultatiqn with .the ' Chief Justice of the High Court .concerned. (43 The Chairman or a member shall hold office as such for a term of three , years from the date on which he enters upon his office. (51
    • (a) Subject to the other provisions of this Act ,- the jurisdiction, powers and authority. of ' the Speei,al Court may be' exerci'secF by benches there~f, one conprisin~ of the Chairman, a Judicial Menber 2nd 2 T~chnical member =zd the other comprising of a Judicial: :I;mber and a Technical member
    • (b) Where the bench comprises. of the Chairman, he shall be the Presiding Officer 'of such a bench and where the bench ' consists of two members, the Zudicial Plernber shall be the Presiding Officer .
    • (c) It shall be competent .for the Chairman, either Suo-moto or on a reference made to him to withdraw any case to a bench of three members or a bench of two members and dispose of the same or to transfer any cese from one bench to another bench in the interest of justice.
11. (6) Where z case under this Act 1s heard by 2 bench consisting of two aenbers and the me-bers thereof are aivided in opininon, the case with th.eir opinions sh~-11 be lzid before enothes Judicial Member or the Chairman, and that member or Chzirrncn, as the cas,e may be, after such he,izring as he thinks fitr shall deliver his opinion, and the decision or order shall follow that opinion.
12. (6) The quorum to constitllte c neetin5 of any bench of the Special -. Court sh~il be two.
13. (7) The Special Court mayr bj' notif ieation , make requlations not in consistent with the provisions of this Act relating to the procedure to be followed for the conduct or' the cases and for regulating the v?mner of taking decisions. { 81 the Special Court may cause a public notice of the- substance or' such regulations for the information of the general public. i91 ti) Notwithstanding anything -in -a1 the Code of Civil Procedure, 1908, the kt S oc Spec~31 Court may 'follow its own 1900- prcedure which shall not be inconsistent with the principles of natural justice and fair play and subject to the other provisi ons of this Act while. .deciding the amvunt of compensation to be awarded to the Electricity Utility. lii) Notwichstariding anything con- central kt tained in section 260 or section 262 2 of 1974 ' of the CMe of Criminal Procedure* 1973, every offence punishable under this Act shall be tried in a ,summary way by the special Court anQ the provisions of the scc'.,ions 263 to 265 of the said code shal.1,. as far as may be apply to such trlal . L (3.3) do act or proceeding of the Scecial Cauzt shall be deemed to be irlvalid by reason .only of the existsacs of dny V.lclncY among its members or a deEect In th& constitutisn thereof. 49 - E. ( 3.1 The Specf a1 Co?:rt may m-~;rrc- cizher 5;~--noto or '6n a eompiaint under & pwrs ,ecticrn 5'1 of this Act, take cognizance of t;~ ai such CA.~T?S arising out of any alleged WciaL ;+. .-.f .,r r.- : ~f cntrgy whather befare Or -t..
    • • . ':r.mr.~enceacnt of this Act, ... -...% ,.., . fVdlrl-2 of c~r,~?tnsat-ion t3 be . . - .:-, ? .. . , . L: LAC Elest:rlci-;_v Utility ., :I r -. r -t:. ' c.~.ee5? rug;i.k; five izkb and . .. :ii or ! ?rn; (ine! udinq ordcss by . . L , r.r .-.r I .c directio~is j as j.t deems -i, - Provided that if in the opinion of thz Special Court, any cornplzint filed before it is Prima-facie frivolous or vexatious, it shall reject the same without any further enquiry; Central Act
14. (2) Notwithstanding anything con- 5 of 1908 taimed in-the Code of Civil Pr~cedure Central 1908, the Code of, Criminal Procedure, . 2 of 1974. 1973 or the Andhra '.Pradesh Civil Courts .. * Fu=t 19 Act, 1972, any case in respect of an of 1972- alleged act. of theft of enersy under sub-section (11 shall be triable only in the Special Court and the decision of the Special Court shall be final.
15. (3) If the Special Court is of the opinion that any case brought before it, is not a fit case to be taken cognizance of by it, it may return -the same for presentation before the Special ~ribunal: Provided that if on an application f rorn :an interested person to withdraw and try a ease pending before any Special Tribunal, the Special Court is of the opinion, that it is a fit Case to be withdrawn and tried by it, it may, for reasons to be recorded in writing, withdraw any such case from such special tribunal a'nd shall-deal with it as if the case was orginally instituted before the Special Court. Central ~ct
16. (4) Notwithstanding anything contained 1974. in the Code of Criminal Procedure, 1973, it shall be lauful for the Special Court to try 211 offences punishable under this Act. ( 5 1 The speciai Cour* shall- determine the order in which - the civil and criminal liability against a consumer 02 person be initiated.. It. shall be within the discretion of he Special Court whether or not to deliver its decision or order until both civil and cr$minal .proceedings are cbrnpleted. 'The evidencp
    • • admitted during a !he criminpl , proceeding may, be made use of whlle trying. the >civil liability. ' But additional evidense, if any, adduced in the civil proceedings shall .not be considered by , , the Special Couft yhile determining the #. liability. Any, person accused of theft .or the abetment: ther,eof before E the Special Coprt A shall be a competent witness for the de'fence and. may give evidence on oakh in , disproof of the charge made, agqinst him or any person charged togethe# with . him 'in the " criminal proceedin$s: , ' x. 1 Provided thag.'he shall. not be celled ' as a wl tness except, on-*is oyn request : in wlfitir-% or' 'hi? fallure to g jve I : evidence shall not: ne made' the - subject / oi'3ny comment Fy' ?ny,of the parties or :.he Special 'Court ,or give.'rise to any presumption against himself- . or any person caaryed together with him at the 'same proteedinrj. , , b ( 6') .Every : case,. under sub-sectlon (1) shall 'he disposed- 'of £i%aLly by the ::pecial Collrt, as kar as possible within . a p.?ricil of sis mo$ths frog the:.date of < iri-iri=utiqn of theacase before-it. 9. , .. ( 7) Odery finding of the Special , Co~rcC with ~-ec;ard' to any alleaed act of theft of energy shall be conclusive proof of the fact of theft of energy an,? of the person .'or consumer who committed such thezt.
17. (8) It shall be lawful of the Special Court to pass such order as it mayedeem fit to cdvance the cause of justice. It may award compensation in terms of money for theft of energy which shall not be less than an amount equivalent to twelve months assessed quantity of the energy ccrmmitted theft of at three times of tariff rate applicable to the sonsumer or gerson as Per the guidelines prescribed by the Government and the amount of compensation shall be recovered as if it were a'decree of a civil court: Provided that the Special Court shall, be£ ore passing a= order under this sub-section sive to the consumer or parson an opportunity of making his representation or of adducin5 evidenbe, if any, in this regard, and consider every such representatioc and evidence.
18. (9) Any case, ending before, any court or other auihori ty immediately before the constitutio~i of a special court as would have bezn within the ~urizjdiction of such Special Court, shall staad transferred :o the Sp&eial 'Court as If the casue of action on which such s~it or proceedin$ i3 based had arieen after the constitution .of the Special Court. 49-I?. Save as expressly provided in 'speci~. this Act, the provisions of the Code of cow! to Civil Procedure, 1908, the Andhra have the Pradesh' Civil Courts Act, 1972 and the powers of Code of Criminal Procedure, 1973, in so the Civil far as they are not, inconsistent with the court and provisions of this Act., shall app-ly to the Court the proceedings before the Special Court of Sessio and for the purposes of the provisions of the said enactments,, the Special Court shall be deemed to be a' Civil Court, or as the case may be, a Court of Session and shall have all p_owers of a Civil Court and a Court of a: Session and the person conducting a prosecution before the Specipl Court shall be deemed to be a Public Prosecutor.- 49-G. The Special Court may in order Revie,. to prevent miscarriage of justice review , : its judgement or order passed under Section 49-E,but no such review shall be entertained except on the ground th$t it. was passed under a mistake of fact, ignorance of any material .fact or any error apparent on the face of the record : Provided that it shall 'be lawful for the Special Court to admit or reject review petitions in circulation without hearing the petitioner: provided further that, the Special . Court shall not allow any review petition' and set a.side its previous order or judgement without hearing the parties affected. ~eposit of' 49-H. (1 1 In any appeal before the Cornpen?--Special Court against th'e Judgement or . tion. -order of a Special Tribunal awarding compensation or in any proceeding before the High Court against the Judgement or order of the Special Court awarding compensation, no stay or suspension of the operation of sum judyernent or order or any other interim order of a- like nature shall be granted unless ihe compensation awarded by such judgement- . or order is deposi,ted into Special Court or High Court as the case may be.
19. (2) The Electricity Utility concerned on an application made by it in this behalf shall be permitted to withdraw the amount so deposited under sub-section
20. (1) subject to the result of such appeal or proceeding. (31 If such appeal or proceeding is finally decided against the Electricity Utility, the amount so withdrawn under sub-section
21. (2) shall be redeposited to the credlt of such appeal or proceeding within one month from the date of such final decision.
22. (4) The provisions of this section shall have effect notwithstanding anything contained in the Code of Civil Procedure, -1908. Disputes 49-I. ~otwithstandinGanythin5 contained relating in sub-section
23. (6) of section 26 teeters- and the Schedule of this Act or any judgement or order of any Court, a Special Tribunal and a Special Court constituted under this Act shall have jurisdiction to decide any dispute relating to correctness or otherwise of any meter. " .

The Indian Electricity ( Andhra Pradesh Amendment ) Ordinance, 2000 is hereby repealed.