Court : Supreme Court of India
..... section 126(5) and clause (iv) of explanation (b) to section 126 of the act were amended by the electricity (amendment) act, 2007 with a purpose and object of preventing unauthorised use of electricity not amounting to theft of electricity within the meaning of section 135 of the act, which has to be given its due meaning, which will fit into the scheme of the act and would achieve its object and purpose.13. ..... (vii) in all other cases falling under explanation (b) to section 126 of the act, the assessing officer is empowered to assess unauthorised use of electricity at the rate prescribed in section 126(6) and for the period specified in section 126(5), as amended by the electricity (amendment) act, 2007 for both fixed charges and energy charges. ..... in cases falling under explanation (b) to section 126 of the act, the assessing officer is empowered to assess unauthorised use of electricity at the rate prescribed in section 126(6) and for the period specified in section 126(5), as amended by the electricity (amendment) act, 2007 for both fixed charges and energy charges. ..... the provisions under section 126 of the act, as it stood prior to the amendment by the electricity (amendment) act, 2007 provided for assessment of unauthorised use of electricity one and a half times the tariff applicable for the relevant category of service, for a period of three months immediately preceding the date of inspection in the case of domestic and agricultural services and for a period of .....
Tag this Judgment!Court : Supreme Court of India
..... section 135(1-a) of the indian electricity (amendment) act, 2007, reads as under: (1-a) without prejudice 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 further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty-four hours from ..... first ground was that the complaint was not filed within twenty-four hours of disconnection as mandated under proviso to section 135(1-a) of the indian electricity (amendment) act, 2007. ..... , (i) the complaint was not lodged within twenty-four hours as contemplated under section 135(1a) of the electricity act, 2003 (amendment act 26 of 2007), and (ii) the special court has taken cognizance directly without an order of committal as contemplated under section 193 of the code of criminal procedure, ..... of 2019 3 10.01.2011, the special court took cognizance of the case under section 151 of the electricity act, 2003 as amended by act 26 of 2007, which came into force from 15.06.2007, and registered the same as e.s.c. ..... material on record, has submitted that the disconnection was made on 12.11.2009 and the complaint was lodged on 24.11.2009 which is ex facie time barred and the same is contrary to the proviso to section 135(1a) of the electricity act, 2003 (amendment act 26 of 2007). .....
Tag this Judgment!Court : Delhi
..... proviso to section 135(1a) was only introduced vide the electricity amendment act, 2007 which came into effect from 15th june 2007 and hence it will not be applicable to the ..... justice mukta gupta1 by the present appeal allauddin challenges the impugned judgment dated 16th december 2017, whereby he was convicted for the offence punishable under section 135 electricity act and the order on sentence dated 18th december 2017 directing him to undergo simple imprisonment for the period of one year six months and to pay a fine of 26,74,422/-, in default whereof to undergo simple imprisonment ..... inspection had appeared in the witness box however the appellant did not challenge their authority to conduct the inspection prosecution duly exhibited also proved the theft of electricity by seizing the wires from which illegal abstraction of energy was being done which were produced in evidence. ..... resident of geeta colony stated that in the year 2007 he was taking electricity from the appellant who used to collect electricity charges from him every month and issued a rough slip against the electricity charges in their locality. ..... 2 of 6 appellant was identified by several members of the inspection team who have stated that at the time of inspection there was no valid/authorized source of consumption of electricity at the inspected premises and the same was going on through illegal tapping. ..... no.128/2008 was registered at ps geeta colony for the offence punishable under section 135 electricity act.6. .....
Tag this Judgment!Court : Chennai
..... by the electricity (amendment) act, 2007 the old section 6 is substituted by new section 6 which provides that the concerned state government and the central government shall jointly endeavour of provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households. 63 ..... respondent and quash the same as being unconstitutional and ultra vires the powers under section 11 of the electricity act, 2003, in so far as it restricts interstate sale and interstate open access and consequently direct first to fourth respondents to act strictly in terms of the electricity act, 2003 and cerc open access in interstate transmission regulation by permitting the petitioner to generate, transmit and sell electricity to any person outside the state of tamilnadu in compliance with the terms thereof. ..... impugned government order in g.o.ms.no.77, dated 10.10.2014, has been issued in exercise of the power conferred by sub-section (1) of section 11 of the electricity act, 2003, (central act 36/2003) (hereinafter referred to as 'act') stating that the directions are issued in the circumstances arising in public interest. ..... appropriate government has been defined under section 2(5) of the act and it means, the central government in respect of a generating company wholly or partly owned by it; in relation to any inter-state generation, transmission, trading or supply of electricity and with respect of any mines, oil-fields, etc .....
Tag this Judgment!Court : Punjab and Haryana
..... instructions for dealing the cases of theft of electricity under electricity act-2003, electricity (amendment) act, 2003 and electricity (amendment) act, 2007: (sc 43/2007): (i) theft of electricity (section-135 of the electricity act-2003) a person shall be guilty of an act of theft of electricity, if he 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) tampers a meter, installs or uses a tampered meter, current ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
..... contention of the appellants that the said amendment came into effect only from 15.6.2007 with the passing of electricity amendment act, 2007 has been repelled by the high court taking note of the statement of objects and reasons for amending the act which makes it absolutely clear that the purpose for amendment is to clarify the position already prevailed viz. ..... the high court also held that by adding proviso to section 151 along with insertion of sections 151(a) and 151 (b) vide electricity (amendment) act, 2007, this position was made abundantly clear namely cognizance of an offence punishable under the act could be taken upon a report of police officer filed under section 173 of the code of criminal procedure. ..... the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments in section 151 of the prinicipal act was also amended and provisions in sections 151, 151(a), 151 (b) were inserted. ..... (1) this act may be called the electricity (amendment) act, 2007.2. ..... within four months thereof the electricity act was amended by inserting, inter alia, sections 151(a) and 151(b) to the said act with effect from 15.6.2007. ..... a pure question of law which arises for consideration is: whether the amendment in section 151of the electricity act, 2003 (hereinafter referred to as the act]. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... 61(g) the tariff progressively reflects the cost of supply of electricity and also, reduces and eliminates cross subsidies within the period to be specified by the appropriate commission was replaced by the tariff progressively reflects the cost of supply of electricity and also reduces cross subsidies in the manner specified by the appropriate commission by an amendment under electricity (amendment) act, 2007 w.e.f. ..... not the intent of the act after the amendment in the year 2007 (act 26 of 2007) that the tariff should be the mirror image of the cost of supply of electricity to a category of consumer ..... . the findings of the tribunal in the various cases are summarized as under keeping in view the amendment made in the electricity act, 2003 in the year 2007: i) the pooled power purchase cost from all sources of supply to the distribution licensee has to be used for determination of cost of supply instead of using different costs of various power supply ..... tribunal in siel judgment rendered prior to the 2007 amendment regarding gradual reduction of cross subsidy with a view to eliminatethe cross subsidy will not be applicable after amendment of the act in 2007. ..... one pertinent point which is required to be considered by us is that after the siel judgment, section 61(g) has been amended w.e.from 15.6.2007 to the extent that the wordings and also reduces and eliminates cross subsidies within the period to be specified by the appropriate commission have been substituted by the wordings and .....
Tag this Judgment!Court : Punjab and Haryana
..... it appears that on addition of proviso to section 151 of the act vide electricity (amendment) act, 2007 (26 of 2007) section 15, w.e.f.june 5, 2007, the courts have been given authority to take cognizance of an offence punishable under the electricity act upon a report of a police officer filed under section 173 of the code of criminal procedure, 1973. ..... since the constitutional validity of the amendments made vide electricity amendment act, 2007 (26 of 2007) section 15, w.e.f.june 5, 2007 in sections 151 and 151 a are not required to be determined in the present case being violative of article 14 of the constitution and ultra vires of the provisions of section 4 (2) cr.p.c. ..... .the proviso of section 151 of the act added vide amendment 26 of 2007 vide section 15 w.e.f.june 15, 2007 enables a court to take cognizance of an offence punishable under the electricity act even on the report of a police officer under section crm m-544 of 2013 [4].173 of cr.p.c.section 151 a of the act incorporated vide amendment of year 2007, gives power to the police to investigate an offence punishable under the act as per provisions of chapter xii of cr.p.c.a perusal of the act further indicates that on one hand the electricity act provides that it is not permissible .....
Tag this Judgment!Court : Kolkata
..... provisional assessment under sub-section (1) of section 126 of the electricity (amendment) act, 2007 read with electricity act, 2003 has been made by me being the assessing officer and is enclosed with the assessment memo no.sec/bulk- 399/1/04/2012/supp/2011)/229 dated 18.04.2012 with this order of provisional assessment ..... as per provision of section 135 of the electricity (amendment) act, 2007 read with electricity act, 2003, your power supply was disconnected on 18.04.2012 at around 16:20 hrs ..... contained in the code of criminal procedure 1973, the appropriate government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way of compounding of the offence as specified in the table below: table nature of servicerate at which the sum of money for compounding to be collected per kilowatt(kw)/horse power(hp) or part thereof for low ..... ] (2) the provisions of this section as they stood immediately before their amendment by the direct tax laws (amendment) act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of april, 1988, or any earlier assessment year and references in this section to the other provisions of this act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment .....
Tag this Judgment!Court : Chennai
..... section 126, after amendment under the electricity (amendment) act, 2007, reads as follows : 126. ..... (v) in the definition of the expression unauthorised use of electricity given in clause (b) of the explanation under section 126, the amendment act 2007 introduced one more sub-clause. ..... a comparison of section 126 as it stood before the amendment act 26 of 2007, with the one as it stands today, would show that the amendment brought forth five changes to section 126. ..... in the code of criminal procedure, 1973 (2 of 1974), the appropriate government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way of compounding of the offence as specified in the table below : nature of service rate at which the sum of money for compounding to be collected per kilowatt (kw)/ horse power (hp) or part thereof for low ..... commission of such offence in police station having jurisdiction within twenty four hours from the time of such disconnection : provided also that 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 this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line .....
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