Labour Commissioner 
GENERAL
without giving, before the commencement of transmission or use of energy, not less than seven days' notice in writing of his intention to the Electrical Inspector and to the District Magistrate, or in a presidency-town to the Commissioner of Police, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply, and complying with such of the provisions of Part IV, and of the rules made there under, 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 1[the Railways Act, 1989 (24 of 1989)]:
Provided, also, that the State 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 State Government, and the decision of the State Government thereon shall be final.
(3) The provisions of this section shall be binding on the Government.
PROTECTIVE CLAUSES
31. PROTECTION OF RAILWAYS, AERODROMES, AND CANALS, DOCKS, WHARFS AND PIERS.-
No person shall, in the generation, transmission, supply or use of energy, in any way injure any railway, 2[aerodrome,] tramway, canal or water-way or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, 2[airway,] tramway, canal or water-way.
32. PROTECTION OF TELEGRAPHIC, TELEPHONIC AND ELECTRIC SIGNALLING LINES.-
(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, telephone or electric-signalling communication, or the currents in such wire of 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
1. Subs. by Act 22 of 1998, sec. 5, for "the Indian Railways Act, 1890 (9 of 1890)" (w.e.f. 31-12 1998).
2. Ins. by Act 32 of 1959, Sec. 23.
matter shall be referred to 1[the Central Government]; and 2[the Central Government], unless 3[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.
33. NOTICE OF ACCIDENTS AND INQUIRIES.-
4[(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 human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and Within such time as may be prescribed, to the Electrical Inspector and to such other authorities as the appropriate Government may by general or special order, direct.]
(2) 5[The appropriate Government] may, if it thinks fit, require any 6[Electrical 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 there under, so far as those provisions affect the safety of any person, have been complied with.
7[(3) Every Electrical Inspector or other person holding an inquiry under sub-section (2) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector or such other person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860).]
1. Ins. by Act 32 of 1959, sec. 23.
2. Subs. by the A.O. 1939, for "the Local Government"
3. Subs. by Act 38 of 1920, sec. 2, Sch. I, Pt. I, for "he".
4. Subs. by Act 32, of 1959, sec.24, for the former sub-section.
5. Subs. by Act 32 of 1959, sec. 24, for "The State Government".
6. Subs. by Act 32 of 1959, sec. 2, for "Electric Inspector".
7. Ins. by Act 32 of 1959, sec. 24.
34. PROHIBITION OF CONNECTION WITH EARTH AND POWER FOR GOVERNMENT TO INTERFERE IN CERTAIN CASES OF DEFAULT.-
(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 1[appropriate Government].
(2) If at any time it is established to the satisfaction of the 1[appropriate Government]-
(a) that any part of an electric supply-lines 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 to be in accordance with the provision of this Act or of any rule there under,
the 1[appropriate 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 2[the use of, and the supply of energy to, 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
35. ADVISORY BOARD.-
3[(1) The Central Government may, for the whole or any part of the territories to which this Act extends, and each State Government may, for the whole or any part of the State, by notification in the Official Gazette, constitute an Advisory Board.]
(2) Every such Board shall consist of a chairman and not less than two other members.
4[***]
5[(3)] The Central Government or the State Government, as the case may be, may 6[by general or special order published in the Official Gazette],-
7[(a) determine the number of members of which any such Board shall be constituted and the manner in which such members shall be appointed,]
7(b) define the duties and regulate the procedure of any such Board.
7[(C) determine the tenure of office of the members of any such Board, and
7[(d) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of any such Board in the performance of his duty.
8[(4) Every order made by the State Government under sub-section (3) shall be laid, as soon as may be after it is made, before the State Legislature.
(5) Every order made by the Central Government under sub-section (3) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.]
1. Subs. by Act 32 of 1959, sec. 25, for "State Government".
2. Sub. by Act 32 of 1959, sec. 25, for "the use of any electric supply-line".
3. Subs. by Act 3 of 1951, sec. 3 and Sch. for the former sub-section.
4. Sub-section (3) omitted by Act 1 of 1922, sec.16.
5. Sub-section (4) re-numbered as sub-section (3) by Act 1 of 1922, sec. 16.
6. Subs. by Act 20 of 1983, sec. 2 and Sch., for certain words (w.e.f. 15.3.1984).
7. Clause (a) ins. and the original clauses (a), (b) and (c) re-lettered as (b), (c) and (d) by Act 20 of 1983, sec. 16.
8. Ins. by Act 20 of 1963, sec. 2 and Sch, (w.e.f. 15.3.1984).
1[36. APPOINTMENT OF ELECTRICAL INSPECTOR.-
(1) The appropriate Government may, by notification in the Official Gazette, appoint duly qualified persons to be Electrical Inspectors and every Electrical Inspector so appointed shall exercise the powers and perform the functions of an Electrical Inspector under this Act within such areas or in respect of such class of works and electric installations and subject to such restrictions as the appropriate Government may direct.
(2) In the absence of express provision to the contrary in this Act, or any rule made there under, an appeal shall lie from the decision of an Electrical Inspector to the appropriate Government or if the appropriate Government, by general or special order so directs, to an Advisory Board.]
2[36A. CENTRAL ELECTRICITY BOARD.-
(1) A Board to be called the Central Electricity Board shall be constituted to exercise the powers conferred by section 37.
3[(2)] The Central Electricity Board shall consist of the following members, namely:-
(a) a chairman and five other members to be nominated by the Central Government;
(b) one member to be nominated by the Governments of each of the States, not being a Union territory, to which this Act extends;
(c) one member to be nominated by the Central Government to represent each of the Union territories of Delhi and Himachal Pradesh;
(d) one member to be nominated by the Central Government to represent the Union territories of Manipur, Tripura and the Andaman and Nicobar Islands;
(e) one member to be nominated by each of the State Electricity Boards,
(f) one member to be nominated by the Central Government to represent the Federation of Electricity Undertakings of India;
(g) one member to be nominated by the Railway Board;
(h) one member to be nominated by the Chief Inspector of Mines appointed under section 5 of the Mines Act, 1952 (35 of 1952); and
(i) one member to be nominated by the Indian Standards Institution constituted under the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952).]
(3) Any vacancy occurring in the Board 4[***] shall be filled as soon as may be by a nomination made by the authority by whom the member vacating office was nominated.
(4) The Board shall have full power to regulate by bye-laws or otherwise its own procedure and the conduct of all business to be transacted by it.
1. Subs. by Act 32 of 1959, sec. 26, for the former section.
2. Ins. by Act 10 of 1937,sec. 3.
3. Subs. by Act 32 of 1959, sec. 27, for the former sub-section (2).
4. The words "otherwise than by the expiry of the term of office of the member referred to in clause (c) of sub-section (2)" omitted by the Adaptation of Laws (No.2) Order, 1956.
(5) The powers of the Central Electricity Board may be exercised notwithstanding any vacancy in the Board.]
1[***]
236B. CERTAIN MEMBERS AFFECTED BY STATES' RE-ORGANIZATION TO VACATE OFFICES.-
[Rep. by the Indian Electricity (Amendment) Act, 1959 (32 of 1959), sec.2]
37. POWER FOR BOARD TO MAKE RULES.-
(1) The 3[Central Electricity Board] may make rules, for 4[the whole or any part of the territories to which this Act extends], 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 licences 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 minimize, 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;
1. Sub-section (6), which was ins. by the Adaptation of Laws (No.2) Order, 1956, omitted by Act 32of 1959, sec. 27.
2. Section 36B was ins. by the Adaptation of Laws (No.2) Order, 1956.
3. Subs. by Act 10 of 1937, sec. 4, for "G.G. in C."
4. Subs. by Act 3 of 1951., sec. 3 and Sch. for "the territories for the time being comprised within Part A States and Part C States or any part of such territories".
(i) prescribe the qualifications to be required of 1[Electrical Inspectors];
(j) authorize any 1[Electrical 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; 2[***]
(k) authorize and regulate the levy of fees for any such testing or inspection and, generally, for the services of 1[Electrical Inspectors] under this Act; 3[and
(l) provide for any matter which is to be or may be prescribed.]
(3) Any rules made in pursuance of 4[clauses (e) to (j) (both inclusive)] of sub-section (2) shall be binding on the Government.
5[(4)] In making any rule under this Act, the 6[Central Electricity Board] may direct that every breach thereof shall be punishable with fine which may extend to three hundred rupees, and in the case of a continuing breach, with a further daily fine which may extend to fifty rupees.
38 FURTHER PROVISION RESPECTING RULES.-
(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 (10 of 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.
7[(3) Every rule made under section 37 shall be published in the Gazette of India and shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in section, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
CRIMINAL OFFENCES AND PROCEDURE
8[39. THEFT OF ENERGY.-
Whoever dishonestly abstracts, consumes or uses any energy shall be punishable with 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: and if it is proved that any artificial means or means not authorized by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of energy has been dishonestly caused by such consumer.
1. Subs. by Act 32 of 1959, sec. 2, for "Electric Inspector".
2. The word "and" omitted by Act 1 of 1922, sec. 1
3. Ins. by Act 1 of 1922, sec. 1
4. Subs. by Act 32 of 1959, sec. 29, for "clause (f) or clause (h)".
5. Original sub-section (3) re-numbered as sub-section (4) by Act 1 of 1922, sec. 1
6. Subs. by Act 10 of 1937, sec. 4, for "G.G. in C."
7. Subs. by Act 20 of 1983, sec. 2 and Sch, for the former sub-section (w.e.f. 15-3-1984).
8. Subs. by Act 31 of 1986, sec. 2, for the former section 39.
39A. ABETMENT.-
Whoever abets an offence punishable under section 39 or section 44 shall, notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punished with punishment provided for the offence.]
40. PENALTY FOR MALICIOUSLY WASTING ENERGY OR INJURING WORKS.-
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 for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
41. PENALTY FOR UNAUTHORIZED SUPPLY OF ENERGY BY NON-LICENSEES.-
Whoever, in contravention of the provisions of section 28 engages in the business of supplying energy shall be punishable with fine which may extend to three thousand rupees, and in the case of a continuing contravention, with a daily fine which may extend to three hundred rupees.
1[41A. PENALTY FOR UNAUTHORIZED TRANSMISSION OF ENERGY.-
Whoever, in contravention of the provisions of this Act or regulations or license conditions, engages in the business of transmission of energy shall be punishable with fine which may extend to three thousand rupees and in case of a continuing contravention, with a daily fine which may extend to three hundred rupees.]
2[42. PENALTY FOR ILLEGAL OR DEFECTIVE SUPPLY OR FOR NON-COMPLIANCE WITH ORDER.-
Whoever-
(a) being a licensee or a person who has obtained the sanction of the State Government under section 28 to engage in the business of supplying energy to the public, save as permitted under section 27 or section 51 or by his license or as the case may be, by the conditions of sanction, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or
(b) being a licensee or a person who has obtained the sanction of the State Government as aforesaid, in contravention of the provisions of this Act or of the rules there under, or in breach of the conditions of license or of the sanction, as the case may be, and without reasonable excuse, the burden of proving which shall lie on him discontinues the supply of energy or fails to supply energy, or
(c) makes default in complying with any of the provisions of an order or of any notice or requisition issued under section 5 or section 6; or
(d) makes default in complying with any directions issued to him under section 22A; or
(e) makes default in complying with any order issued to him under section 22B or sub-section (2) of section 34,
shall be punishable with fine which may extend to one thousand rupees, and, in the case of a continuing offence or default, with a daily fine which may extend to one hundred rupees.]
43. PENALTY FOR ILLEGAL TRANSMISSION OR USE OF ENERGY.-
Whoever, in contravention of the provisions of section 30, transmits or uses energy without giving the notice required thereby, shall be punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence, with a daily fine which may extend to fifty rupees.
1. Ins. by Act 22 of 1998, sec. 6 (w.e.f. 31-12-1998).
2. Subs. by Act 32 of 1959, sec.31, for the former section.
44. Penalty for interference with meters or licensee's works and for improper use of energy.-
WHOEVER-
(a) conNects any meter referred to in section 26, sub-section (1), or any meter, indicator or apparatus referred to in section 26, sub-section (7), with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line 1[***]; or
2[(aa) unauthorizedly re-connects any meter referred to in sub-section (1) of section 26, or any meter, indicator or apparatus referred to in sub-section (7) of section 26, with any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, when the said electric supply line or other works has or have been cut or disconnected under sub-section (1) of section 24; 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 3[***]; or
(c) maliciously injures any meter referred to in section 26, sub-section (1), or any meter, indicator or apparatus referred to in section 26, sub-section (7), or willfully or fraudulently alters the index of any such meter, indicator or apparatus, or prevents any such meter, indicator or apparatus from duly registering; or
(d) improperly uses the energy of a licensee,
4[shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both], and, in the case of a continuing offence, with a daily fine which may extend to 5[fifty] rupees; and 2[if it is proved that any artificial means exist] for making such connection as is referred to in clause (a) 2[or such re-connection as is referred to in clause (aa),] or such communication as is referred to in clause (b), or for causing such alteration or prevention as is referred to in clause (c), or for facilitating such improper use as is referred to in clause (d), 6[and that] the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, 7[it shall be presumed, until the contrary is proved] 4[that such connection, reconnection, communication,] alteration, prevention or improper use, as the case may be, has been knowingly and willfully caused by such consumer.
45. PENALTY FOR EXTINGUISHING PUBLIC LAMPS.-
Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to three hundred rupees, or with both.
46. PENALTY FOR NEGLECTING WASTING ENERGY OR INJURING WORKS.-
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, shall be punishable with fine which may extend to two hundred rupees.
1. The words "without giving to the licensee forty-eight hours' notice in writing of his intention" omitted by Act 32 of 1959, sec. 32.
2. lns. by Act 31 of 1986, sec. 3.
3. The words "without such licensee's consent" omitted by Act 32 of 1959, sec. 32.
4. Subs. by Act 31 of 1986, sec. 3, for certain words.
5. Subs. by Act 1 of 1922, sec. 19, for "thirty".
6. Subs. by Act 1 of 1922, sec 19, for "shall, where".
7. Subs. by Act 1 of 1922, sec. 19, for "be prima facie evidence".
47. PENALTY FOR OFFENCES NOT OTHERWISE PROVIDED FOR.-
Whoever, in any case not already provided for by 1[ section 39, section 39A or section 40] 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, 2[ or in the case of a person who has obtained the sanction of the State Government under section 28, with any of the conditions of the sanction], shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing default, with a daily fine which may extend to twenty rupees:
Provided that, where a person has made default 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 in the circumstances.
48 PENALTIES NOT AFFECT OTHER LIABILITIES.-
The penalties imposed by 1[section 39, section 39A or sections 40] 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, which the offender may have incurred.
49. PENALTIES WHERE WORKS BELONG TO GOVERNMENT.-
The provisions of 3[sections 39,39A,40,] 44,45 and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable there under are committed in the case of energy supplied by or of works belonging to 4[the Central Government or any State Government].
5[49A. OFFENCES BY COMPANIES.-
(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and 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 this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or 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 a firm, means a partner in the firm.]
1. Subs. by Act 31 of 1986, sec. 4, for "section 39".
2. Ins. by Act 32 of 1959, sec. 33.
3. Subs. by Act 31 of 1986, sec. 5, for "sections 39, 40".
4. Subs. by the A.O. 1948, for "any Government in British India".
5. Ins. by Act 32 of 1959, sec. 34.
50. INSTITUTION OF PROSECUTIONS.-
No prosecution shall be instituted against any person for any offence against this Act or any rule, license or order there under, except at the instance the instance of the Government 1[or a State Electricity Board] or an 2[Electrical Inspector], or of a person aggrieved by the same.
Supplementary
3[51. EXERCISE IN CERTAIN CASES OF POWERS OF TELEGRAPH AUTHORITY.-
Notwithstanding anything contained in sections 12 to 16 (both inclusive) and sections 18 and 19, the Central Government in the case of inter-State transmission system and the State Government in the case of intra-State transmission system, as the case may be, may, by order in writing, for placing of electric supply-lines, appliances and apparatus for the transmission of energy or for the purpose of telephonic or telegraphic communication necessary for the proper coordination of works, confer upon any public officer, Central Transmission Utility, State Transmission Utility, licensee, transmission licensee or any other person engaged in the business of transmission or supplying energy to the public under this Act, subject to such conditions and restrictions (if any) as the Central Government or the State Government, as the case may be, may think fit to impose, and to the provisions of the Indian Telegraph , Act, 1885 (3 of 1885), any of the powers which the telegraph-authority possesses under the 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 establishment or maintained.]
4[51A. STATE GOVERNMENT TO HAVE POWERS AND OBLIGATIONS OF A LICENSEE UNDER THIS ACT.-
Where the State Government engages in the business of supplying energy to the public, it shall have all the powers and obligations of a licensee under this Act:
Provided that nothing in sections 3 to 11 (both inclusive), section 21, sub-sections (2) and (3), sections 22 and 27 or in clauses I to V (both inclusive), clause VII and clauses IX to XII (both inclusive) of the Schedule relating to the duties and obligations of a licensee shall apply to the State Government:
Provided further that the provisions of clause VI of the Schedule shall apply to the State Government in respect of that area only where distribution mains have been laid by the State Government and the supply of energy through any of them has commenced.]
52. ARBITRATION.-
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 State 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 5[***] 6[Arbitration and Conciliation Act, 1996 (26 of 1996)]:
7[Provided that where the Government or a State Electricity Board is a party to a dispute, the dispute shall be referred to two arbitrators, one to be appointed by each party to the dispute.]
1. Ins. by Act 31 of 1986, sec. 6.
2. Subs. by Act 32 of 1959, sec. 2, for "Electric Inspector".
3. Subs. by Act 22 of 1998, sec. 7 (w.e.f. 31-12-1998).
4. Ins. by Act 32 of 1959, sec. 36.
5. The word "Indian" omitted by Act 32 of 1940, sec. 3 and Sch. II.
6. Subs. by Act 22 of 1998, Sec. 8, for "Arbitration Act, 1940 (10 of 1940)" (w.e.f. 31-12-1998).
7. Added by Act 32 of 1959, sec. 37.
53. Service of notices, orders or documents.-
(1) Every notice, order or document by or under this Act required or authorized to be addressed to any person may be served by post or left,-
(a) where 1[the Central Government or the State Government] is the addressee, at the office of 2[such officer as the Central Government or the State Government, as the case may be, may designate in this behalf];
3[***]
(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 not being in India, at the head office of the company in India;
(d) where any other person is the addressee, at the usual or last known place of abode or business of the person.
(2) Every notice, order or document by or under this Act required or authorized 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.
54. RECOVERY OF SUMS RECOVERABLE UNDER CERTAIN PROVISIONS OF ACT.-
Every sum declared to be recoverable by 4[section 5, sub-section (4)] section 14, sub-section (2), clause (b), section 16, sub-section (2), section 18, sub-section (2) or sub-section (4), or section 26, sub-section (4) and every fee liable 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 movable property belonging to such person.
55. DELEGATION OF CERTAIN FUNCTIONS OF STATE GOVERNMENT TO ELECTRICAL INSPECTORS.-
The State Government may, by general or special order, authorize the discharge of any of its functions under section 13 or section 18, 5[or section 34, sub-section (2)], or clause V, sub-clause (2), or clause XIII of the Schedule by an 6[Electrical inspector].
56. PROTECTION FOR ACTS DONE IN GOOD FAITH.-
7[(1)] 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.
8[(2) No court shall take cognizance of an offence under this Act, by a public officer except with the sanction-
(a) in the case of a person employed in connection with the affairs of the Union, of the Central Government; and
(b) in any other case, of the State Government.]
57. AMENDMENTS OF THE LAND ACQUISITION ACT, 1894.-
(1) In section 40, sub-section (1), clause (b), and section 41, sub-section (5), of the Land Acquisition Act, 1894 (1 of 1894), the term "work" shall be deemed to include, electrical energy supplied, or to be supplied, by means of the work to be constructed.
(2) The State Government may, if it thinks fit, on the application of any person, not being a company, desirous of obtaining any land for the purposes of his undertaking, direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894), in the same manner and on the same conditions as it might be acquired if the person were a company.
58. REPEALS AND SAVINGS.-
(1) The Indian Electricity Act, 1903 (3 of 1903), is hereby repealed:
Provided that every application for a license made and every license granted under the said Act shall be deemed to have been made and granted under this Act.
(2) Nothing in this Act shall be deemed to affect the terms of any license which was granted, or of any agreement which was made, by or with the sanction of the Government for the supply or use of electricity before the commencement of this Act.
1. Subs. by the A.O. 1937, for "the Government".
2. Subs. by Act 1 of 1922, sec.21, for "the Secretary in the Public Works Department".
3. Clause (aa) ins. by the A.O. 1937 omitted by the A.O. 194
4. Subs. by Act 32 of 1959, sec.38, for "section 5, clause (f), section 6, sub-section (2)".
5. Ins. by Act 1 of 1922, sec.22.
6. Subs. by Act 32 of 1959, sec.2, for "Electric Inspector".
7. Section 56 re-numbered as sub-section (1) of that section by Act 32 of 1959, sec.39.
8. Ins. by Act 32 of 1959, sec.39.