Theft of Electrical Energy - What to do? Electricity Act 2003 (India)

Amendment of Section 126, Electricity Act 2003 in India, will create many problems for all consumers of electricity. The words "for the purpose other than.." will make it easy for any electricity supplying company to level allegation on any consumer - residential, industrial and/or agricultural.

In my view, after the amendment came into force, the electricity supplying companies will not invoke Section 126 in most of the cases. Because Section 126 is just provision. It allows a person to appeal against the order. Now, the suppliers will use the new powerful weapon on both really criminal and innocent consumers and that is Section 135, Electricity Act, 2003!

In fact, Section 126 and Section 135 have common provisions to level charges against any consumer. But once Section 135 is invoked, a consumer does not get immediate fair and just opportunity to defend himself and his electric supply is disconnected. In my opinion, except those who are using power directly, no one should be booked under Section 135.

I believe, use of Section 126 and Section 135 will be made arbitrarily and the question as to which section to apply will bring many corrupt practices in the office of assessing officer of the power supplying companies. In my knowledge, under similar circumstances, one of the consumers is booked under section 126 while the other under Section 135!!!

The law makers should make more broad explanation and should give guidelines as to when Section 126 should be applied and as to when Section 135 should be applied.

Application of Section 135 will bring closure of many industrial units, also may force many poor industrialists, residents or farmers to commit suicide because they may not be able to get reconnection immediately unless they pay 100% of the assessesed amount.

Many terms are not properly used and defined. They should be defined by now.

Ratings of motors etc are estimated by the checking officers and in absence of rating plate or name plate on old gadgets / motors /equipments, the checking officers assess the rating on higher sides. Unconventional methods are used to decide the rating of machines. And the case of "more connected load that contracted" is made out. There should be provision that a person can use +10% of his contracted load.

In case of extra connected load, only security deposit on the additional load should be charged because the consumer is not indulging in to theft of power. But application of Section 135 under such circumstances will force the law to treat an innocent regular bill payer and a confirmed thief of power at par. Is it not unjust?

Resale of energy is also an allegation that can be levelled against any consumer. There needs to be a clear definitions.

I request our lawmakers to define all the allegations broadly and also define as to which section of the law will attract it. Doing so will lessen corruption and litigation too.

Following are the few terms that needs to be defined:

Theft of electrical energy, tampered meter, tampered seal, MRI, Malpractice, more connected load than contracted, Resale of energy.

It should be made mandatory to shoot a video in case of application of Section 135 agaist thieves of electrical energy only. Doing so will ensure that the thief lands in jail.

In my view, there should be liberty to make change in industrial internal production facilities. A sick textile unit owner may start engineering unit and for such change he should not be punished for "change of purpose". If such thing happens, already a debt ridden person may be forced to commit sucide as he may not be able to face the new situation of disconnected power, supplementary bills and criminal proceedings against him.

The consumers are sleeping. And I am sure, those sleeping and not realising the danger of the arbitrary application of different sections of the law, will find themselves under hot water sooner or later.

Who will awake those sleeping consumers?