Electricity (Amendment)



Electricity (Amendment)
AN ACT TO AMEND THE ELECTRICITY ACT

BE it enacted by the Parliament of the Democratic Socialist Republic of sri lanka as follows:-

[24th April
, 1984
]
Short title.

1. This Act may be cited as the Electricity (Amendment) Act.

Amendment of section 65 of the principal enactment.

2. Section 65 of the principal enactment is hereby amended by the substitution for all the words from ” shall be guilty ” to ” exceeding six months;”, of the following:”

” shall be guilty of an offence and shall be liable on conviction before a Magistrate’s Court to a fine not less than five thousand rupees and not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment and such court is hereby empowered to impose such punishment notwithstanding anything to the contrary in any other law;”.

Amendment of section 66 of the principal enactment.

3. Section 66 of the principal enactment is hereby amended by the substitution, for all the words from “shall be guilty “to” such fine and such imprisonment “. of the following :”

” shall be guilty of an offence and shall be liable on conviction before a Magistrate’s Court to a fine not less than five thousand rupees and not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment and such court is hereby empowered to impose such punishment notwithstanding anything to the contrary in any other law. “.

Amendment of section 67 of the principal enactment

4. Section 67 of the principal enactment is hereby amended by the substitution, for all the words from “shall be guilty ” to ” not exceeding twenty-five rupees “, of the following :”

” shall be guilty of an offence and shall be liable on conviction before a Magistrate’s Court to a fine not less than five thousand rupees, and not exceeding ten thousand rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment and such court is hereby empowered to impose such punishment notwithstanding anything to the contrary in any other law.”.

Insertion of new sections 67A 67B and 67C of the principal enactment.

5. The following new sections are hereby inserted immediately after section 67 and shall have effect as sections 67 A, 678 and 67C of the principal enactment; ”

Abetment of offences under sections 65,66 of 67 to be an offence.

67A. Whoever abets the commission of any offence punishable under section 65, section 66 or section 67, shall be guilty of such offence and shall be liable to the punishment provided therefor.

In this section ” abet ” shall have the same meaning as in section 100 and section 101 of the Penal Code.

Every offence under section 65,66, or 67 to be cognizable offence and a non-bailable offence.

67B. Notwithstanding anything to the contrary in the Code of Criminal Procedure Act, every offence under section 65, section 66 or section 67, shall be-

(a) a cognizable offence ;

(b) a non-bailable offence,

within the meaning, and for the purposes of that Act.

Additional fine to be imposed for every offence under sections 65,66 or 67 and a certificate from licensee to be proof of loss or damage in the absence of evidence of the contrary

67C.

(1) Where any person is convicted of any offence under section 65. section 66 or section 67, the Magistrate’s Court shall, in addition to any penalty which it is required to Impose under this Act, impose on such person a fine in a sum of money being the value of the loss or damage caused to the licensee as a result of the act or default constituting such offence and any sum recovered as such additional fine shall be paid to the licensee on application made to Court by such licensee.

(2) Where two or more persons are convicted of having committed the same offence whether as principal or abettor, the value of such damage or loss may be apportioned among such persons and the amount so apportioned shall be imposed on each of such persons as a fine.

(3) A certificate issued by the licensee shall be received as proof of the: value of such loss or damage in the absence of evidence to the contrary.”.