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Section 38: Further provisions respecting rules

The Indian Electricity Act, 1910State Act of Bihar · Act 9 of 1910

(1) The power to make rules under Section 37 shall be subject to the condition of the rules being made after previous publication.

(2) (2) The date to be specified in accordance with clause (3) of Section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of rules proposed to be made under Section 37 will be taken into consideration shall not he less than three months, from the date on which the draft of the proposed rules was published for general information.

1[(3) Every rule made under Section 37 shall be published in the Gazette of India and shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in section, for a total period of thirty days which may be comprised in one session or in two or more Successive sessions, and it before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

1. Subs. by Act No. 20 of l983, for the former sub-section.

CRIMINAL OFFENCES AND PROCEDURE 1[39. Theft of energy. - Whoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term, which may extend to three years, or with fine, which shall not be less than one thousand rupees. or with both: and if it is proved that any artificial means not authorised by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of energy has been dishonestly caused by such consumer.

1. Subs. by Act No. 31 of 1986.

39A. Abetment. Whoever abets an offence punishable under Section 39 or section 44 shall, notwithstanding anything contained in Section 116 of the Indian Penal Code (45 of 1860), be punished with punishment provided for the offences.

Where this provision sits

ActThe Indian Electricity Act, 1910
Section38
Marginal noteFurther provisions respecting rules
JurisdictionState of Bihar
StatusIn force as published by the source

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