Ref. No. PR-3/COS/24976                                     Dated: 26/07/2005

COMMERCIAL CIRCULAR NO. 4

Sub:  Unauthorized connections / reconnection with electric lines of the                          Distribution Licensee --- Action under Section 138 of the Electricity Act, 2003.

            Under Section 138 of the Electricity Act, 2003 whoever unauthorisedly connects / reconnects any meter, indicator or apparatus with any electric lines through which electricity is supplied by a licensee or disconnects the same from any such electric line or unauthorisedly connects the permanently disconnected supply, then he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Rs.10,000/- or with both.

            Also any person whose supply is permanently disconnected (P. D. consumers) by MSEDCL indulges in unauthorized extraction of electric energy from a live consumer of the Company or reconnects the electrical equipments then he is liable for penal action under Section 138 of the Electricity Act, 2003.

            In A.I.R. 1943 Bombay Page 76, Emperor V/s. Gordhandas Nathalal Patel & others, following observations are made, in case of P.D. consumer getting reconnection from neighbored, it is a clear cut case of interference with the Distribution Licensee’s work as he not only reconnects the supply unauthorisedly but also reconnects it to the line to which electricity supply is provided by the licensee and further he connects the line directly to the works of licensee.

As mentioned above, reconnection of P. D. premises even through the live consumer is found then FIR is to be lodged under Section 138 of the Electricity Act, 2003.

            Further, under Section 138 of the Electricity Act, 2003, it shall be presumed, until the contrary is proved, that such connection, reconnection, alteration, prevention or improper use as the case may be has been knowingly or willfully caused by such consumer.

            All the field officers are hereby instructed to strictly comply with the above instructions and take necessary action.

Chief Engineer (Commercial).