(1) No person shall carry on the business of purchase or sale of aluminium or copper or store it for carrying on such business except under a licence granted by the Licensing Authority of the district in which he ordinarily resides or carries on business.
(2) The procedure for grant of such licence, its period of validity, for its suspension or cancellation, for appeals against refusal, suspension or cancellation of licence, the fees in respect thereof, the register and accounts to be maintained by the licensee, and the returns to be furnished by him, shall be as may be prescribed.
1. For Statement of Objects and Reasons, 100 Uttar Pradesh Gazette extraordinary dated November 15, 1976.
[The Uttar Pradesh Electric Wire and Transformers (prevention and Punishment of Theft) Act, 1976] [Section 4-7]
(3) Where at any time any person has in his stock aluminium or copper in any quantity exceeding the quantity prescribed, he shall, for the purposes of this section, be deemed to have stored it for carrying on the business of purchase or sale of such aluminium or copper.
Declaration of existing stocks
4. Any person who at the commencement of this Act, has in his stock aluminium or copper in a quantity exceeding the quantity prescribed under section 3 shall declare such stock to the Licensing Authority within fifteen days from the date on which the quantity is first prescribed.
Penalty for possession of electric wire or transformers
5. Whoever is found or is proved to have been in possession of any electric wire or transformer or any part thereof or in possession (in a quantity exceeding that prescribed under section 3) of any copper or aluminium, whether in the form of ingot or in melted, finished or any other form-
(i) which is reasonably suspected of having been stolen or unlawfully obtained, and in respect of which he fails to prove that it came into his possession lawfully; or
(ii) which has not been declared by him under section 4 or, as the case may be, has not been shown in a register or return prescribed under section 3, shall be punishable-
(a) for the first offence, with imprisonment for a term which may extend to three years, and also with fine, and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;
(b) for the second or a subsequent offence with imprisonment for a term which may extend to five years and also with fine, and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.
Punishment for connivance at offence
6. Any owner or occupier of land or building or any agent of such owner or occupier in charge of the management of that land or building, who willfully connives at contravention of the provisions of this Act, shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.
Power of Court to order forfeiture of vehicles etc.
7. Any court trying an offence punishable under this Act may order the forfeiture to Government of any property in respect of which the Court is satisfied that an offence under this Act has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, and the animals, vehicles or other conveyances used in carrying the property.
[The Uttar Pradesh Electric Wire and Transformers (prevention and Punishment of Theft) Act, 1976] [Section 8-10] Powers of the Licensing Authority
8. The Licensing Authority or any other officer authorized by the State Government in this behalf may, with such assistance, if any, as he thinks fit-
(a) require the owner, occupier or any person in charge of any place, premises, vehicle, or vessel in which he has reason to believe that any contravention of the provisions of this Act or of the conditions of any licence issued thereunder has been, is being or is about to be committed, to produce any books, accounts or other documents showing transactions relating to such contravention ;
(b) enter, inspect or break open and search any place or premises, vehicle or vessel in which he has reason to believe that any contravention of the provisions of this Act or of the conditions of any licence issued thereunder, has been, is being or is about to be committed ;
(c) take or cause to be taken, extracts or copies of, any documents, showing transactions relating to such contravention ;
(d) search, seize, and remove stocks of aluminium and copper and the animals, vehicles, vessels, or other conveyance used in carrying the same in contravention of the provisions of this Act, or of the conditions of the licence issued thereunder, and thereafter, take or authorize the taking of all measures necessary for securing the production of such stocks and the animals, vehicles, vessels or other conveyances so seized, in a court and for their safe custody pending such production.
Power to make rules
9. The State Government may by notification in the Gazette make rules to carry out the purposes of this Act.
Repeal and savings U. P.
Ordinance no.
22 of 1976