Act Number: 36

Act Name: The Electricity Act, 2003

Year: 2003

Enactment Date: 2003-05-26

Long Title: An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto.

Ministry: Ministry of Power

Department:

Section 151: Cognizance of offences.
    No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by the Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose.
     1[Provided that the court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974):
     Provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial.]
                                                    STATE AMENDMENT
    Karnataka
    Substitution of section 151.--For section 151 of the Electricity Act, 2003 (Central Act 36 of 2003), the following shall be substituted, namely:--
    "151. Institution of prosecution.--No prosecution, shall be instituted against may person for any offence under this Act or any rule, regulation, licence or order made or issued there under, except at the instance of the State Government or a licencee or a generating company under the Act or an officer authorised in this behalf by the State Government or a licencee or a generating company or by any person affected by the act alleged to constitute the offence."
[Vide Karnataka Act 12 of 2006, s. 2]
    Maharashtra
    Substitution of section 151 of Act 36 of 2003.---For section 151 of the Electricity Act, 2003 (36 of 2003), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), the following section shall be substituted, namely:--
    "151. Cognizance of offences.--No court shall take cognizance of an offence punishable under this Act except,--
        (a) upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or a licensee or the generating company, as the case may be, for this purpose; or
        (b) upon a police report of facts which constitute an offence:
    Provided that, such police report is based on the First Information Report filed a person who is authorised to file a complaint under clause (a).
    [Vide Maharashtra Act 36 of 2005, s. 2]
Notes:
1. Ins. by s.15, ibid. (w.e.f. 15-6-2007).
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