(1) This Act may be called the West Bengal Prohibition of Short title, Unlawful Possession of Property of Electrical Undertakings Act, 1994. extent and connnence-
(2) It extends to the whole of West Bengal. ment.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "electrical undertaking" means—
(i) a Generating Company, by whatever name called, formed by the State Government and registered under 1 of 1956 the Companies Act, 1956, or
(ii) the West Bengal State Electricity Board constituted 54 of 1948. under section 5 of the Electricity (Supply) Act, 1948, and includes a licensee as defined in clause (h) of section 2 9 of 1910. of the Indian Electricity Act, 1910;
(b) "property" includes—
(i) distributing main, electric supply-line, main, overhead line, public lamp, service-line, or works, as defined in section 2 of the Indian Electricity Act, 1910, or
(ii) main transmission lines, or tie-line, as defined in section 2 of the Electricity (Supply) Act, 1948.
591 The West Bengal Prohibition of Unlawful Possession of Property of Electrical Undertakings Act, 1994.
[West Ben. Act (Sections 3-6.)
Penalty for unlawful possession of property of electrical undertakings.
Punishment for connivrume at offences.
Power to arrest without warrant.
Issue of search Warrant.
3. Whoever is found, or is proved to have been, in possession of any property of any electrical undertaking reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that .such property came into his possession lawfully, be punishable—
(a) for the first offence, with imprisonment for a term which may extend to five years, and shall also be liable to fine and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees;
(b) for the second or a subsequent offence, with imprisonment for a term which may extend to seven years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgement of the court, such imprisonment shall not be less than three years and such fine shall not be less than three thousand rupees.
4. 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 wilfully connives at an offence against 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.
5. Any police officer not below the rank of Inspector may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under this Act or against whom a reasonable suspicion exists of his having been so concerned.