Preamble
1Orissa Electric Supply-Line Material (Unlawful Possession) Act, 1987*
| [Orissa Act No. 11 of 1989] | [13th June, 1989] |
An Act to Provide for prevention of that and unlawful possession of electric supply-line materials and matters connected therewith.
Be it enacted by the legislature of the State of Orissa in the Thirty-ninth Year of the Republic of India as follows:-
Section 1. Short title, extent and commencement
1. Short title, extent and commencement.- (1) This Act may be called the Orissa Electric Supply-Line Matenal (Unlawful Possession) Act, 1988.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
Section 2. Definitions
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) ‘Authorised Officer’ means an Officer of the Orissa State Electricity Board not below the rank of a Superintending Engineer (Electrical) who has been authorised by the Government by notification issued in this behalf to exercise the powers of confiscation under this Act for a particular area;
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(b) "Electric Supply-Line Material" means,-
(i) ACC (All Aluminium Conductor);
(ii) ACSR (Steel Cored, Aluminium Conductor);
(iii) High Voltage Cable, 11 K.V. and above;
(iv) Insulator, 11 K.V. and above;
(v) Lighting Arrester, 11 K.V. and above;
(vi) Support for Electric Supply-Line and part thereof; or
(vii) Transformer belonging to Government or Board;
but shall not include-
(1) PVC Cable (Service connection);
(2) PVC Cable (Domestic wiring);
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(c) "Government" means the State Government of Orissa;
4[(d-1) "GRIDICO" means the Grid Corporation of Orissa Limited as reffered to in section 13 of the Orissa Electricity Reform Act, 1995 (2 of 1995)].
(e) "Prescribed" means prescribed by rules made under this Act; and
(f) Words and expressions used but not defined in this Act and defined in the Indian Electricity Act, 1910 (9 of 1910) shall have the same meaning as assigned to them under that Act.
Section 3. Penalty for unlawful possession of electric supply-line material
3. Penalty for unlawful possession of electric supply-line material.- Whoever is found to have been in possession of any electric supply-line materials reasonably suspected of having been stolen or unlawfully obtained or retained shall, unless he proves, that he was in lawful possession; of such materials, shall be punishable,-
(a) for the first offence, with imprisonment of either description for a term which may extend to three years and with fine and in the absence, of special and adequate reasons to be recorded in the judgement of the Court, such imprisonment shall not be less than two years and such fine shall not be less than one thousand rupees;
(b) for the second or, subsequent offence with imprisonment of either description for a term which may extend to five years and also with the and in the absence of special and adequate reasons to be mentioned in the judgement of the Court, such imprisonment snail not be less than three years and such fine shall not be less than two thousand rupees.
Section 4. Non-production of the material before Court
4. Non-production of the material before Court.- In any trial for an offence under section 3 of this Act,-
(a) the burden of proof that the accused was in lawful possession of the electric supply-line material shall be on him;
(b) it shall not be necessary to produce the seized materials in the Court for the purpose identification. The production of the seizure list duly countersigned by the Authorised Officer of the area or the Investigating Officer, as the case may be, shall be conclusive proof of such identification.
Section 5. Search of place suspected to contain electric supply-line material
5. Search of place suspected to contain electric supply-line material.- (1) If any place including an enclosure, tank, well, reservoir or any premises is suspected to be used for the deposit of stolen electric supply-line material, any officer of the 1[GRIDICO], not below the rank of a Sub-divisional Officer (Electrical) with the written permission of the Authorised Officer may enter such place for the purpose of search and may take the assistance of such sub-ordinates, assistants or other employees of the 1[GRIDICO] as may be considered reasonable and necessary for conducting the search and to make arrangements for guarding the place until arrangement is made for the seizure and removal of the electric supply-line material to some place of safety.
(2) All persons in possession or occupation of the place, premises, tank, reservoir or well, on disclosure of the identity of the officer conducting the search, shall allow him free ingress thereto and afford all reasonable facilities for a search therein.
(3) Before making a search under this section, the officer about to make it shall call upon one or more respectable persons of the locality in which the place is situate or of any other locality if no such inhabitant of the said locality is available or is willing to attend an witness the search and the search shall be made in the presence of such witness.
(4) Any person obstructing the search conducted by an officer of the 1[GRIDICO] shall be punishable with imprisonment which may extend, to six months and fine.
Section 6. Seizure of electric supply-line materials
6. Seizure of electric supply-line materials.- (1) When it is reasonably suspected that an offence under this Act has been committed in respect of electric supply-line material, such supply-line material together with all tools, ropes, chains and any vehicles, vessels or other modes of conveyance used for transport of such supply-line material, may be seized by any officer of the 1[GRIDICO], not below the rank of a Sub-divisional Officer (Electrical).
(2) Every officer seizing any electric supply-line material or tools, chains, vehicles or other modes of conveyance under sub-section (1) shall, within seventy-two hours from the time of seizure, produce the property seized before the Authorised Officer of the area. All officers of the 1[GRIDICO] including the Authorised Officer when they seize any electric supply-line material shall lodge information with the police along with a copy of the seizure list duly countersigned by the Authorised Officer without producing the seized material,
(3) Every Police Officer seizing electric supply-fine material in connection with an offence suspected to have been committed under this Act shall not withstanding anything contained in the Code or Criminal Procedure, 1973 (2 of 1974) forward a copy of seizure list to the Authorised Officer within seventy-two hours from the time of seizure and shall make over to the said Authorised Officer the seized property including the tools, chains, ropes, vehicles, vessels and other conveyances seized, for purposes if initiating confiscation proceeding under this Act.
(4) The seizure list prepared or the materials or the tools, chains, vehicles and other modes of conveyance seized in course of search, shall be sighed by the officer making the seizure and the witness present. A report of seizure alongwith a copy of the seizure list so made shall be sent to the nearest Magistrate having jurisdiction to try any offence under this Act.
Section 7. Confiscation of seized articles
7. Confiscation of seized articles.- (1) Where an Authorised Officer seizes any electric supply-line material or where any such electric supply-line material is produced before him or is made over to him by the Police, be shall, if he is satisfied that an offence under this Act has been committed in respect thereof, order the confiscation of the electric supply-line material together with nil tools, ropes, chains, vehicles, vessels and other conveyance used in committing such offence within the prescribed time:
Provided that no order confiscating any electric supply-line material or any tools, ropes, chains, vehicles, or other conveyances used in committing the offence shall be made, unless the person from whom the property it seized is given-
(a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property, tools, ropes, chains and vehicles, vessels and other conveyance;
(b) an opportunity of making representation in writing within such reasonable time as were specified in the notice against the ground of confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(2) Without prejudice to the provisions of sub-section (1) no order confiscating any vehicle, vessel or other conveyance shall be made, if the owner of such vehicle, vessel, or other conveyance proves to the satisfaction or the Authorised Officer that it was used in carrying the electric supply-line material without the knowledge or connivance of the owner himself and his agent, if any, and the person in charge of the vehicle, vessle or other conveyance had taken all reasonable and necessary precautions against such use.
Section 8. Appeal
8. Appeal.- (1) Any person aggrieved by an order of confiscation made under section may within one month from the date of communication to him of such order, appeal to the 1[Director Transmission and Distribution of the GRIUDICO] and the appellate authority after giving an opportunity to the appellant to be heard, may pass such order as he may think fit, confirming, modifying or annulling the order appealed against.
(2) The appellate order shall be final and notwithstanding the result of the criminal case, if any, the confiscation as confirmed by the appellate authority shall not be questioned in any Civil or Criminal Court of law.
Section 9. Vesting of Property
9. Vesting of Property.- (1) Where an order of confiscation of any materials, tools and conveyance has become final, such materials or a portion thereof, including the tools, vehicles, vessels and other conveyances, be the case may be, shall vest in the Board free from all encumbrances and the 1[GRIDICO] after fixing a reasonable valuation of the property, may dispose of the same in such manner as it deems proper.
(2) Where in a prosecution under section 3 of this Act, the person concerned is acquitted on a finding that he was in lawful possession of the seized properly, he will be entitled to be refunded the value or price fixed under sub-section (1) or the actual disposal price, whichever is higher, from the 1[GRIDICO].
Section 10. Confiscation to be no bar to imposition of other penalty
10. Confiscation to be no bar to imposition of other penalty.- An order of confiscation made under section 7 shall not act as a bar to the imposition of any other penalty to which the offender is liable under this Act.
Section 11. Offence cognizable
11. Offence cognizable.- An offence Under this Act shall be cognizable and non-bailable.
Section 12. Presumption as to orders
12. Presumption as to orders.- Where an order purports to have been made and signed by the authority in exercise of any power conferred by or under this Act, the Court shall presume that such order was so made by that authority within the meaning of the Indian Evidence Act, 1872 (10 of 1872).
Section 13. Protection of action taken under the Act
13. Protection of action taken under the Act.- No suit, prosecution or any legal proceeding shall lie against any person or the Board for anything done in good faith or intended to be done in pursuance of the provisions or this Act.
Section 14. Act to override other laws
14. Act to override other laws.- The provisions of this Act shall have effect notwithstanding anything inconsitent therewith contained in any other law for the time being in force.
Section 15. Power to make rules
15. Power to make rules.- The State Government any make rules* for carrying out all or any provisions of this Act.