Tamil nadu act 033 of 1998 : Indian Electricity (Tamil Nadu Amendment) Act, 1998

Preamble

Indian Electricity (Tamil Nadu Amendment) Act, 1998*

[Tamil Nadu Act No. 33 of 1998][28th October, 1998]

An Act further to amend the Indian Electricity Act, 1910, in its application to the State of Tamil Nadu

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Year of the Republic of India as follows:-

* Received the assent of the Governor on the 15th October, 1998 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 614, dated October 28, 1998.

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Indian Electricity (Tamil Nadu Amendment) Act, 1998.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 20

2. Amendment of section 20.- In section 20 of the Indian Electricity Act, 1910 (??? Act IX of 1910.) (hereinafter referred to as the principal Act),-

(1) in sub-section (1),-

(a) in the opening portion, for the expression "at any reasonable time and on informing the occupier of his intention", the expression "at any time between the hours of 6.00 a.m and 8.00 p.m." shall be substituted;

(b) after clause (c), the following proviso shall be added, namely:-

"Provided that sufficient notice shall in every case be given to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may be preserved."

(2) in sub-section (2), in the opening portion, for the expression "at any reasonable time between sun rise and sun set and on informing the occupier of his intention", the expression "at any time between the hours of 6.00 a.m. and 8.00 p.m." shall be substituted.

Section 3. Amendment of section 26

3. Amendment of section 26.- In section 26 of the principal Act, in sub-section (4),-

(1) for the expression "at any reasonable time and on informing the consumer of his intention", the expression "at anytime between the hours of 6.00 a.m. and 8.00 p.m." shall be substituted;

(2) in the proviso, for the words "Provided that", the following shall be substituted, namely -

"Provided that sufficient notice shall in every case be given to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may be preserved;

Provided further what".

Section 4. Insertion of new section 50-B

4. Insertion of new section 50-B.- After section 50-A of the principal Act, the following section shall be inserted, namely:-

"50-B. Power to compound offences.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government or the Tamil Nadu Electricity Board or any other person who is competent to institute prosecution under this Act may accept from any person who has committed or is reasonably suspected of having committed under this Act or the rules made thereurder, by way of composition of such offence,-

(a) if such offence is punishable under section 39 or section 39-A or section 44, a sum of money not exceeding one thousand rupees or twice the state of tariff payable in respect of the electrical energy involved in such offence, whichever is greater; and

(b) if such offence is punishable under any other provisions of this Act, a sum of money not exceeding one thousand rupees.

(2) On payment of the sum of money specified in sub-section (1), the person concerned, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.

Explanation.-For the purpose of this section, "tariff" means the rates of tariff payable to the Tamil Nadu Electricity Board under the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 (Tamil Nadu Act 1 of 1979).".