The West Bengal Prohibition Of Unlawful Possession Of Property Of Electrical Undertakings Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act LI of 1994 
THE WEST BENGAL PROHIBITION OF 
UNLAWFUL POSSESSION OF PROPERTY 
OF ELECTRICAL UNDERTAKINGS ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinaty, of the 8th May, 1995.] 
[8th May, 1995.] 
An Act to prohibit unlawful possession of property of electrical 
unndertakings in West Bengal. 
WHEREAS it is expedient to prohibit unlawful possession of property 
of electrical undertakings in West Bengal; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (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. 
6. (1) If a police officer has reason to believe that any place is used 
for the deposit or sale of any property of any electrical undertaking which 
had been stolen or unlawfully obtained, he shall make an application to 
the Magistrate having jurisdiction over the area in which that place is 
situate, for issue of a search warrant. 
(2) The Magistrate to whom an application is made under 
sub-section (1), may, after such inquiry as he thinks necessary, by his 
warrant authorise any police officer— 
(a) to enter, with such assistance as may be required, such place; 
(b) to search the same in the manner specified in the warrant; 
(c) to take possession of any property of the electrical 
undertaking therein found which he reasonably suspects to 
be stolen or unlawfully obtained; and 
(d) to convey such property of the electrical undertaking before 
a Magistrate, or to guard -the same on the spot until the 
offender is taken before a Magistrate, or otherwise to dispose 
thereof in some place of safety. 
592 
The West Bengal Prohibition of Unlawful Possession of 
Property of Electrical Undertakings Act, 1994. 
LI of 1994.] 
(Sections 7-11.) 
7. All searches and arrests made under this Act shall be carried out 
2 of 1974. 
	
	 in accordance with the provisions of the Code of Criminal Procedure, 
1973, relating respectively to searches and arrests made under that Code. 
West Ben. 
Act XL1 of 
1973.- 
8. All officers of the State Government and all members of Gram 
Panchayats, Panchayat Samitis and Zilla Parislzads and also of 
Mahakuma Parishad, constituted under the West Bengal Panchayat Act, 
1973, are hereby empowered and required to assist the police officers in 
the enforcement of this Act. 
Searches and 
arrests how 
to be made. 
Assistance to 
police 
officer. 
9. No court inferior to that of a Judicial Magistrate of the first class Power to try 
or, in any metropolitan area, a Metropolitan Magistrate shall try any offences.  
offence punishable under this Act. 
10. (1) Any court trying an offence punishable under this Act may Power of 
order the forfeiture to the State Government of any property of any court to Order  
electrical underking in respect of which the court is satisfied that an forfeiture of 
offence under this Act has been committed and may also order the property etc.  
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. 
(2) Upon the forfeiture of any property of any electrical undertaking 
to the State Government under sub-section (1) the State Government 
shall, after consultation with such electrical undertaking, dispose of such 
property in such manner as it deems fit. 
11. The provisions of this Act shall have affect notwithstanding 
anything inconsistent therewith contained in any other law for the time 
being in force. 
Act to 
override 
other laws 
    
593 

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