The Electricity Act in India encompasses various provisions that govern the generation, transmission, distribution, and consumption of electricity in the country. Sections 126 and 135 of the Electricity Act play a crucial role in ensuring compliance with legal requirements and promoting responsible practices within the energy sector. In this blog post, we will delve into the significance of these sections, highlighting their implications, recent developments, and the expertise of ELECTRICITYNORPROBLEM, a leading company providing techno-legal aid and compliance services in the electricity sector.
Section 126: Unauthorized use of electricity
Unauthorized use of electricity means :
- The uses of electricity by artificial means
- By means not authorized by the authority or licensee (use of electricity outside of premises authroized by the licensee)
- Through a tempered meter
- For the purpose other than for which the uses of electricity was authorized (various category of consumer or domestic,commercial,industrial,public utility,electric vehicle charging etc)
A case represented by ELECTRCITYNOPROBLEM is an example of the same for an industry can be read/seen here :Order in petition number 69 dated 10 December 2012
Penalties of Section 126 :
- The authorised officer will assess provisionally the electricity charges payable due to unauthorized use
- The consumer can file hi objections to the assessment order against which the officer after considering the explanation will pass a final order
- Consumer may pay the penal amount as per final order or may contest it before govt. Electrical inspector (appellate authority ) after paying 1/3rd of the penal amount
- The electrical inspector will hear the licensee and the consumer under section 126 and will pass speaking order on the appeal.
Section 135: Theft of electricity
Section 135 of the Electricity Act mandates compliance with grid standards and safety regulations for individuals or entities engaged in the generation, transmission, or distribution of electricity. This provision is vital in maintaining the reliability, efficiency, and safety of the grid infrastructure.
Section 135 deals with the intentional theft of electricity. The provisions regarding the theft of electricity are same as section 126 (copy paste and add theft of electrical hardware of the licensee ; add as 5th additional point). The basic differences lie in the intention of theft purposefully.
The panel provision are very stringent in Section 135 including payment of electricity for previous 12 months or more at higher rate of electricity and provision of capital punishment like upto 3 years of imprisonment (non-bailable offence). Only special electricity courts can hear the cases related to Section 135.
ELECTRICITYNORPROBLEM specializes in providing comprehensive legal aid and compliance services to businesses operating in the electricity sector. Here’s how they can assist you:
1. Legal Consultation: ELECTRICITYNORPROBLEM offers expert legal consultation on various aspects of the Electricity Act, including Sections 126 and 135. They help clients understand their legal obligations, navigate complex regulations, and develop effective compliance strategies.
2. Compliance Regulation: Staying updated with evolving regulations and standards is essential to ensure compliance. ELECTRICITYNORPROBLEM keeps track of regulatory changes and assists clients in aligning their operations with legal requirements, avoiding penalties and legal risks.
3. Contract Creation and Review: The company provides support in contract creation, negotiation, and review. Their expertise ensures that contracts related to electricity generation, distribution, and transmission are legally sound, protecting the interests of their clients.
4. Dispute Resolution: In the event of legal disputes, ELECTRICITYNORPROBLEM offers legal representation and support in dispute resolution mechanisms. Their experienced team helps clients navigate legal proceedings and achieve favorable outcomes.
Sections 126 and 135 of the Electricity Act in India are critical in ensuring compliance, confidentiality, and grid reliability within the electricity sector. ELECTRICITYNORPROBLEM, with its extensive expertise, offers specialized legal aid and compliance services, enabling businesses to navigate the complexities of the Electricity Act and meet their legal obligations.