Appeal submitted by Kamlesh Singh to seek information regarding action taken under Section 135 of electricity act 2003
Section 135 of the electricity act 2003
October 9, 2021, by Ashish Seth
Section 135 of electricity act 2003
In section 135 of the Electricity Act 2003, It is described that if a person or a consumer commits electricity theft, then for how many years, that person can be jailed and what is the procedure for checking the house during electricity theft. and in what case theft is confirmed and in what case FIR will not be lodged is described. Section 135 of the electricity act 2003
Section 135 of the electricity act 2003: Theft of Electricity
Subclause (1)
Whoever, dishonestly,–
(a) Taps make or cause to be made any connection with overhead, underground or underwater lines or cables, 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 results in a manner whereby electricity is stolen or wasted; or
(c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity; or
(d) uses electricity through a tampered meter; or
(e) uses electricity for a purpose other than for which the usage of electricity was authorized, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both:
Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use–
(i) does not exceed 10 kilowatts, the fine imposed on the first conviction shall not be less than
three times the financial gain on account of such theft of electricity and in the event of a second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;
(ii) exceeds 10 kilowatts, the fine imposed on the first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of a second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity:
Provided further that in the event of the second and subsequent conviction of a person where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use exceeds 10 kilowatts, such person shall also be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting a supply of electricity for that period from any other source or generating station:
Provided also that if it is proved that any artificial means or means not authorized by the Board or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.
subclause (1A)
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 that only such officer of the licensee or supplier, as authorized for the purpose by the Appropriate Commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorized shall disconnect the supply line 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 the such offence in the 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 of electricity within forty-eight hours of such deposit or payment.
Subclause (2)
[Any officer of the licensee or supplier as the case may be,] authorized in this behalf by the State Government may —
(a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity 2[has been or is being,] used unauthorisedly;
(b) search, seize and remove all such devices, instruments, wires, and any other facilitator or article which has been, or is being, used for unauthorized use of electricity;
(c) examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offense under subsection (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.
Subclause -(3)
The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises.
Subclause-(4)
The provisions of the Code of Criminal Procedure, 1973, relating to search
and seizure shall apply, as far as may be, to searches and seizures under this Act.
Conclusion
This is all about is as described above, section 135 of the electricity act 2003.
Registration Number PUVNL/A/2022/60101
Name Kamlesh Singh
Date of Filing 08-05-2022
The request filed with PURVANCHAL VIDYUT VITRAN NIGAM LIMITED
Contact Details
Telephone Number 9453047553
Email-ID rtipuvvnl@gmail.com
Online RTI Appeal Form Details
Public Authority Details:-
* Public Authority PURVANCHAL VIDYUT VITRAN NIGAM LIMITED
Personal Details:-
* Name Kamlesh Singh
Gender Male
* Address Village Kothra Kantit, Post Shree Nivas Dham, Police station Jigna
Pincode 231313
State Uttar Pradesh
Educational Status Illiterate
Phone Number Details not provided
Mobile Number +91-8127195424
Email-ID myogimpsingh[at]gmail[dot]com
Citizenship Indian
* Is the Applicant Below Poverty Line? No
First Appeal Details u/s 19(1):-
Registration Number PUVNL/A/2022/60101
Date of Filing 08/05/2022
Concerned Appellate Authority Nodal Officer
Phone No Details not provided
Email Id Details not provided
* Ground For Appeal Any Other ground
((Description of Information sought (up to 500 characters) )
* Prayer or Relief Sought Appellant cum information seeker sought three-point information and two-point information made available to information seeker but information sought under point 3 is still not available. Which is as follows.
This matter also concerns executive engineer EDD II Fataha District-Mirzapur as issuing arbitrary bills in the name of Kamlesh Singh while the premise has been grabbed by Dileep Singh S/O Raghuvar Dayal Singh. Also, provide the subsequent action and progress report in F.I.R. registered under section 135 for the theft of electricity against Dileep Singh S/O Raghuvar Dayal Singh. If there is any complication in providing this information, then it is O.K. Thanks for taking action and teaching lessons to those committing theft of electricity through its muscle power.
Supporting document ((only pdf up to 1 MB)) Supporting document not provided
RTI Application Details u/s 6(1) :-
Registration Number PUVNL/R/2022/60027
Date of Filing 24/01/2022
PIO of Public Authority approached MANOJ KUMAR YADAV ( EDD-2 FATAH MRZ)
Designation EE & PIO EDD-2 FATAH MIRZAPUR
Phone No
Email Id
PIO Order/Decision Number Details not provided
* PIO Order/Decision Date
Registration Number PUVNL/R/2022/60027
Name Kamlesh Singh
Date of Filing 24/01/2022
Status REQUEST TRANSFERRED TO OTHER PIO as on 25/02/2022
Details of PIO:- Telephone Number:-, Email Id:-
Note:- You are advised to contact the above-mentioned officer for further details.
Nodal Officer Details
Telephone Number 9453047553
Email-ID rtipuvvnl@gmail.com
Online RTI Request Form Details
Public Authority Details :-
* Public Authority PURVANCHAL VIDYUT VITRAN NIGAM LIMITED
Personal Details of RTI Applicant:-
Registration Number PUVNL/R/2022/60027
Date of Filing 24/01/2022
* Name Kamlesh Singh
Gender Male
* Address Village Kothra Kantit, Post Shree Nivas Dham, Police station Jigna
Pincode 231313
State Uttar Pradesh
Educational Status Illiterate
Phone Number Details not provided
Mobile Number +91-8127195424
Email-ID myogimpsingh[at]gmail[dot]com
Citizenship Indian
* Is the Applicant Below Poverty Line? No
RTI Application Details u/s 6(1) :-
((Description of Information sought (up to 500 characters) )
* Description of Information Sought संदर्भ संख्या : 40019921026801 , दिनांक - 24 Jan 2022 तक की स्थिति आवेदनकर्ता का विवरण : शिकायत संख्या:-400199210268011 अंतरित ऑनलाइन सन्दर्भ 20-11-2021 20-12-2021 अधिशासी अभियन्ता,विघुत-मिर्ज़ापुर,विद्युत आख्या उच्च स्तर पर प्रेषित 2 अंतरित ऑनलाइन सन्दर्भ 09-01-2022 24-01-2022 अधीक्षण अभियंतामण्डल -मिर्ज़ापुर,विद्युत शिकायतकर्ता द्वारा असंतुष्ट फीडबैक प्राप्त होने पर उच्च अधिकारी को पुनः परीक्षण हेतु प्रेषित. अनमार्क For more detail, vide attached document. Last date fixed by the monitoring body to dispose of the matter is 24-01-2022 which means today and still the superintending engineer did not mark the matter to its subordinates even when the matter concerns the theft of the electricity.
The public information officer may provide the following information point-wise as follows.
1- Superintending engineer may provide the action taken in detail between 09 Jan 2022 to 24 Jan 2022 if any is taken offline.
2-Under which provision of law it is justified that an electric motor may be operated by Dileep Singh S/O Raghuvar Dayal Singh and an electricity bill may be issued in the name of Kamlesh Singh S/O Raghuvar Dayal Singh even after the repeated objection to the information seeker. Please provide the circulars and regulations regarding it which may support the stand-off EDD II Mirzapur.
3-This matter also concerns executive engineer EDD II Fataha District-Mirzapur as issuing arbitrary bills in the name of Kamlesh Singh while the premise has been grabbed by Dileep Singh S/O Raghuvar Dayal Singh. Also, provide the subsequent action and progress report in F.I.R. registered under section 135 for the theft of electricity against Dileep Singh S/O Raghuvar Dayal Singh.
* Concerned PIO MANOJ KUMAR YADAV ( EDD-2 FATAH MRZ)
Designation EE & PIO EDD-2 FATAH MIRZAPUR
Phone No
Email Id
Supporting document ((only pdf up to 1 MB))
Appellant cum information seeker sought three point information and two point information made available to information seeker but information sought under point 3 still not available. Which is as follows.
ReplyDeleteThis matter also concerns executive engineer EDD II Fataha District-Mirzapur as issuing arbitrary bills in the name of Kamlesh Singh while premise has been grabbed by Dileep Singh S/O Raghuvar Dayal Singh. Also provide the subsequent action and progress report in F.I.R. registered under section 135 for the theft of electricity against Dileep Singh S/O Raghuvar Dayal Singh. If there is any complication in providing this information, then it is O.K. Thanks for taking action and teaching lessons to those committing theft of electricity through its muscle power.