section 39A
Penalty for abetting theft of energy
The Indian Electricity (Gujarat Amendment) Act, 1973Infrastructure197311 sections
Statutory text
- (1) Whoever including an officer or an employee of an electricity utility shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to two lakh rupees or with both; and if it is proved that any artificial means or means not authorised by the electricity utility exist for the abstraction, consumption, use or draw of energy by the consumer or any other person, it shall be presumed, until the contrary is proved, that any abstraction, consumption, use or draw of energy has been dishonestly caused by such consumer or person: Provided that such imprisonment shall not be less than one month and such fine shall not be less than ten thousand rupees.
- (2) Where—
- (a) any inspector or any officer appointed to assist the inspector on whom duty is imposed by the provisions of this Act or any rule made thereunder, or
- (b) any officer or employee of an electricity utility on whom duty is imposed by the electricity utility to undertake inspection and testing periodically or maintenance of an installation connected to the supply system of electricity utility, neglects to inspect and test periodically or maintain the installation and such negligence results in the commission of an offence under section 39 or 44, the inspector, officer or employee shall be punishable for offence under section 39A, for abetting an offence under section 39 or, as the case may be, 44.
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