Please approach Anti-corruption Bureau, U P Police for legal action against State Electricity Department .
You pay penalties after legal action of ACB.
What is the minimum and maximum penalty under section 135 of electricity act
I constructed a house on agriculture land which is having tubewell. I started organic farming and shifted there in June 20. Before shifting, I applied for domestic connection of 3 kw . Initial meter was i stalled on 07 June 20. It is agriculture electricity line and has only three phase and no neutral phase, so I had to take two phase connection and install a two phase stablizer to get the electricity. In first week of Jul 20, the dept changed the meter. On 22 and 23 Jul 2020 , there was sudden surge of electricity which damaged equipment at my house. The local electrician was called and he gave temprory connection from different phase directly to get proper voltage. On 23 Jul 20, in my absence the dept staff raided the house and found unauthorised connection. They invluded all the electrical equiptment lying at home and raised assessed amount of Rs 98000. Ireplied to their notice and asked them todo the assessment for the actual load from the date of occupation of premises and deduct the electricity consumed in meter. I was approached by lower staff topay under the table to close the matter. Which I didn’t agree. I am ready to pay the penalty as per section 135 bit it has to be reasonable and based on fact. The inspection report has been manipulated to harass me. Need advice how to proceed. Can I report the matter to vigilance that it is manipulated to extract money from me . Shld I pay the penalty and then complain.
Asked 5 years ago in Criminal Law
Religion: Hindu
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14 Answers
1. Checking of Meter in private premises can be done only when owner or representative of house is present. Otherwise it is invalid.
2. Assessment cannot be based on equipment inside house, but on several previous readings.
3. Yes .... complaint to vigilance dept., and to local office of ACB.
4. Seek hearing before the senior executive engineer and point out above point no. 2, along with all earlier bills.
5. You have an positive option to file a grievance petition against the Electricity dept., in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.
Inform vigilance department that you are being harassed to extort money form you
2) inspection report has been manipulated and request for detailed inquiry
1. First check whether FIR is registered or nor. In such unauthorised electricity connection cases registration of FIR is very likely for which you should apply for anticipatory bail.
2. Getting such bail often depends on depositing the penalty.
3. If this us not required then apply for correction of penalty and restoration of connection as well.
4. On refusal prefer Appeal.
If no FIR has been lodged in this regard, you should need not to worry.
Offence under Section 135 is compoundable under Section 152. If you want your case be compoundable, you can approach the authority under Section 152 for compounding by depositing 2000 rupees (if connection is for Agriculture uses).
But if you feel by reading the Assessment order and evidences attached therein that you've not done any offence, you can approach to HC Allahabad for quashing this Assessment order.
Another thing, no jail term is for the offence under Section 135. Only you're to pay a penalty of 3 times of electricity theft if your connection is below 10 ke.
(Please rate my answer and you can approach me further proceeding)
Section 135 of Electricity Act is for (Theft of Electricity).
Under this section there is both punishment fine and jail for 3 years.
The fine will be actually consumed electricity and 3 times more if its billing. depends upon that how many time you have done this act and caught under section 135 of electricity act. Is it for first or second or third time.
How much watts you have used for that particular period from last bill till notice.
The upper limit of penalties for not complying with any order under the Electricity Act have been raised to Rs 1 crore from Rs 1 lakh. Additional fine may be extended to Rs 1 lakh every day, from the current rate of `5,000 per day, during which the failure continues after conviction of such offence.
Section 135 of the 2003 Act falls under Part XIV relating to `offences and penalties' and title of the Section is `theft of electricity'.
The Section opens with the words `whoever, dishonestly' does any or all of the acts specified under clauses (a) to (e) of Sub-section (1) of Section 135 of the 2003 Act so as to abstract or consume or use electricity shall be punishable for imprisonment for a term which may extend to three years or with fine or with both.
Besides imposition of punishment as specified under these provisions or the proviso thereto, Sub-section (1A) of Section 135 of the 2003 Act provides that without prejudice to the provisions of the 2003 Act, the licensee or supplier, as the case may be, through officer of rank authorized in this behalf by the appropriate commission, may immediately disconnect the supply of electricity and even take other measures enumerated under Sub-sections (2) to (4) of the said Section.
The fine which may be imposed under Section 135 of the 2003 Act is directly proportional to the number of convictions and is also dependent on the extent of load abstracted.
The legal action you may propose to initiate by making a complaint with the vigilance etc., would bring you more trouble to this situation.
You may discuss with an advocate and try to solve the issue amicably instead of stretching the issue endlessly and being harassed mentally due to the peace less situation.
Dear Sir,
You are suggested to have the proof of the fault, calling of electrician for repair and the call of lower staff for settling the matter and complain the same to vigilance. It is possible the necessary action will be done against them else fie the case in court for such acts of the department and waiver of the penalty.
You should approach the adjudicating authority to redress your grievance or for electricity theft offense, jurisdiction to adjudicate such matter given to particular court, challenge the demand and complain to ACB for bribe demand.
- Section 135 of Indian electricity act is related to theft of electricity , and a compoundable section and it is a non bailable in nature.
- If there will be an FIR , then you will have to take bail from the court.
- However , you case is very much different as the meter was already installed on 7 June , further changed in July, then on burning the equipment and meter , theft cannot be proved legally.
- You should lodge a complaint against the said staff who visited the house in your absence , after narrating all the facts in date-wise , and further ask for installation of new meter if burned due to overload.
- If no response , then approach the court against the said penalty imposed by them.
That Section 135 of the Electricity Act and Section 138 of the Electricity Act, which impose a maximum sentence of three years, both deal with theft of electricity.
Yes you can certainly do that .
Don't pay the penalty and complaint before that with proper evidences
