Republic Strengthening and Some Nepal 2066.10.7 (21 Jan. 2010)
1 Laws Amendment Act, 2066(2010)
Act Number 13 of the year 2058 (2002)
An Act Made To Provide For Controlling Electricity Theft
Preamble: Whereas, it is expedient to make necessary legal provisions for controlling electricity theft;
Now, therefore, Parliament has made this Act in the first year of reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short title and commencement: (1) This Act may be called as âElectricity Theft Control Act, 2058 (2002)â.
(2) It shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this Act:
Chapter-2 Provisions Relating To Electricity Distributor And Electricity Theft
Provisions Relating to Electricity Distributor and Electricity Theft
3. Electricity distributor: In the case of the electricity as follows, the following person or institution shall be considered as the electricity distributor:
- (a) The licensee, in the case of the electricity sold and distributed with or without using the national grid upon having obtained the license to generate and sell and distribute pursuant to Section 4 of the Electricity Act, 2049 (1992),
- (b) The Government of Nepal, in the case of the electricity to be sold and distributed by using the national grid upon purchasing the same by the Government of Nepal pursuant to Section 21 of the Electricity Act, 2049 (1992), and in the case of the electricity sold and distributed upon being purchased through any other institution,
- (c) The concerned importer, in the case of the electricity imported
into and sold and distributed in ………… Nepal pursuant to
Sub-section (1) of Section 22 of the Electricity Act, 2049 (1992),
- (d) In the case of the electricity generated and developed, and sold and distributed by the Government of Nepal itself pursuant to Section 34 of the Electricity Act, 2049 (1992), the Government of Nepal,
- (e) In the case of the electricity sold and distributed upon concluding a contract with the Government of Nepal in relation to the sale
Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010). and distribution of electricity pursuant to Section 35 of the Electricity Act, 2049 (1992), the person or institution making concluding such a contract,
Chapter-3 Investigation And Inquiry
Investigation and Inquiry
12. Investigation authority: (1) The distributor shall designate the investigation authority for the investigation and inquiry into the offense as referred to in this Act.
(2) The functions, duties and powers of the investigation authority as referred to in Sub-section (1) shall be as follows:
(a) Where information is received from any person that the offense is being committed or going to be committed or where, despite that no information has been received, there is a reasonable ground to doubt that the offense is going to be committed, the investigation authority shall go to such a place and carry out necessary technical inquiry, and if the offense is found to have been committed or have taken place, the investigation authority shall cut the line immediately, take in his or her custody the goods related with the offense and give a slip thereof, and inquire into the offender and prepare a deed of public inquiry,
16. Punishment: (1) If, in trying and disposing case by the court, a person is held to have committed the offense, the claimed amount for the actual loss and damage that the distributor has sustained and the amount of compensation equal to the claimed amount shall be recovered from the offender to the distributor, and such offender shall be liable to punishment of a fine of up to Five Thousand Rupees or imprisonment for a term not exceeding Three months according to the gravity of offence or both punishments.
(2) If a person who is once held to have committed the offense commits the same offense again, the claimed amount for the loss and damage that the distributor has sustained and the amount of
(Source: Nepal Law Commission)
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