31. No person shall, in the generation, transmission, supply or use of energy, in any way injure any railway, tramway, canal or waterway or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, tramway, canal or water-way.

32. (1) Every person generating, transmitting, supplying or using energy (hereinafter in this section referred to as the “operator”) shall take all reasonable precautions in constructing, laying down and placing his electric supply-lines and other works and in working his system, so as not injuriously to affect, whether by induction, or otherwise, the working of any wire or line used for the purpose of telegraphic, telephonic or electric- signalling communication, or the currents in such wire or line. (2) Where any difference or dispute arises between the operator and the telegraph-authority as to whether the operator has constructed, laid down or placed his electric supply-lines or other works, or worked his system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Government; and the Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric supply-lines or works of the operator after the construction of such lines or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric supply-line so long as the course of the electric supply-line and the amount and nature of the energy transmitted thereby are not altered. (3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. Explanation − For the purposes of this section, a telegraph-line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric supply-line or work or by any use made thereof.

33. (1) If any accident occurs in connection with the generation, transmission, supply or use of energy in, or in connection with, any part of the electric supply-lines or other works of any person, and the accident results or is likely to have resulted in loss of life or personal injury, such person shall give notice of the occurrence, and of any loss of life or personal injury actually occasioned by the accident, in such form and within such time and to such authorities as the Government may, by general or special order, direct. (2) The Government may, if it thinks fit, require any Electric Inspector, or any other competent person appointed by it in this behalf, to inquire and report-(a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by, or in connection with, the generation, transmission, supply or use of energy, or (b) as to the manner in, and extent to, which the provisions of this Act or of any license or rules thereunder, so far as those provisions affect the safety of any person, have been complied with.

34. (1) No person shall, in the generation, transmission, supply or use of energy, permit any part of his electric supply-lines to be connected with earth except so far as may be prescribed in this behalf or may be specially sanctioned by the Government. (2) If at any time it is established to the satisfaction of the Government- (a) that any part of an electric supply-line is connected with earth contrary to the provisions of sub-section (1), or (b) that any electric supply-lines or other works for the generation, transmission, supply or use of energy are attended with danger to the public safety or to human life or injuriously affect any telegraph-line, or (c) that any electric supply-lines or other works are defective so as not to be in accordance with the provisions of this Act or of any rule thereunder, the Government may, by order in writing, specify the matter complained of and require the owner or user of such electric supply-lines or other works to remedy it in such manner as shall be specified in the order, and may also in like manner forbid the use of any electric supply-line or works until the order is complied with or for such time as is specified in the order.

35. (1) The Government may, for the whole or any part of ¹[Bangladesh], by notification in the official Gazette, constitute an ²[Electricity Board]. (2) The Board shall consist of a chairman and not less than two other members. (3) The Government may, by general or special order,- (a) determine the number of members of which the Board shall be constituted and the manner in which such members shall be appointed, (b) define the duties and regulate the procedure of the Board, (c) determine the tenure of office of the members of the Board, and (d) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of the Board in the performance of his duty.

36A. [Omitted by section 3 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).]

36. (1) ³[Omitted by Schedule of the Central Laws (Adaptation) Order, 1964.](2) The Government may, by notification in the official Gazette, appoint duly qualified persons to be Electric Inspectors within such areas as may be assigned to them respectively; and every Inspector so appointed shall exercise the powers and perform the functions of an Electric Inspector under this Act subject to such restrictions as the Government may direct.(3) In the absence of express provision to the contrary in this Act, or any rule thereunder, an appeal shall lie from the decision of an Electric Inspector to the Government or, if the Government, by general or special order, so directs, to the [Electricity Board].

37. (1) The Government may make rules for the whole of ⁴[Bangladesh] or any part thereof, to regulate the generation, transmission, supply and use of energy, and, generally, to carry out the purposes and objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) prescribe the form of applications for licenses and the payments to be made in respect thereof; (b) regulate the publication of notices; (c) prescribe the manner in which objections with reference to any application under Part II are to be made; (d) provide for the preparation and submission of accounts by licensees in a specified form; (e) provide for the securing of a regular, constant and sufficient supply of energy by licensees to consumers and for the testing at various parts of the system of the regularity and sufficiency of such supply and for the examination of the records of such tests by consumers; (f) provide for the protection of persons and property from injury by reason of contact with, or the proximity of, or by reason of the defective or dangerous condition of, any appliance or apparatus used in the generation, transmission, supply or use of energy; (g) for the purposes of electric traction regulate the employment of insulated returns, or of uninsulated metallic returns of low resistance, in order to prevent fusion or injurious electrolytic action of or on metallic pipes, structures or substances, and to minimise, as far as is reasonably practicable, injurious interference with the electric wires, supply-lines and apparatus of parties other than the owners of the electric traction system, or with the currents therein, whether the earth is used as a return or not; (h) provide for preventing telegraph-lines and magnetic observatories or laboratories from being injuriously affected by the generation, transmission, supply or use of energy; (i) prescribe the qualifications to be required of Electric Inspectors; (j) authorise any Electric Inspector or other officer of a specified rank and class to enter, inspect and examine any place, carriage or vessel in which he has reason to believe any appliance or apparatus used in the generation, transmission, supply or use of energy to be, and to carry out tests therein, and to prescribe the facilities to be given to such Inspectors or officers for the purposes of such examinations and tests; (k) authorise and regulate the levy of fees for any such testing or inspection and, generally, for the services of Electric Inspectors under this Act; and (l) provide for any matter which is to be or may be prescribed. (3) [Omitted by section 4 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).] (4) In making any rule under this Act, the Electricity Board may direct that every breach thereof shall be punishable with fine which may extend to ⁵[one thousand taka], and, in the case of a continuing breach, with a further daily fine which may extend to ⁶[one hundred taka].

38. (1) The power to make rules under section 37 shall be subject to the condition of the rules being made after previous publication.(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, as that after which a draft of rules proposed to be made under section 37 will be taken into consideration shall not be less than three months from the date on which the draft of the proposed rules was published for general information.(3) All rules under section 37 shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.

⁷[ ⁸[39. (1) Whoever dishonestly abstracts, consumes or uses energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to a fine of ten thousand taka. Explanation 1.-The existence of any device, contrivance or artificial means for such abstraction, consumption or use shall be prima facie evidence of dishonest abstraction, consumption or use. Explanation 2 - A person shall be deemed to have dishonestly abstracted, consumed or used energy, if he is found- (a) to have tampered or interfered with the set order of wiring connection of any meter, measuring apparatus, including Kilowatt meter, Kilowatt hour meter, Kilowatt ampere hour meter, kilovolt ampere meter, kilovolt ampere reactive hour meter, current transformers, potential transformers or their respective fuses installed by the licensee for the supply and registration of energy; or (b) to have prevented by drilling hole in the casing, covering or glass, or by jamming the mechamism by mechanical, magnetic or by any other means, any meter, maximum demand indicator or other measuring apparatus from duly registering the amount of energy supplied or the electrical quantity contained in the supply; or (c) to have connected, without written consent of the licensee, his installations, appliances, and apparatus for the consumption or use of energy with the licensee's work directly without passing through a meter, maximum demand indicator or other measuring apparatus. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.]

39A. Whoever installs or uses any device, contrivance or artificial means for dishonest abstraction, consumption or use of energy of a licensee, whether he derives any benefit therefrom or not, ⁹[shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka] and if it is proved that any device, contrivance or artificial means for such abstraction, consumption or use exists or has existed on a premises, it shall be presumed, unless the contrary is proved, that such person has committed an offence under this section. Explanation. − In this section, “artificial means” include- (a) making of direct electrical connection from the aerial line through artificial jumper; (b) making of direct electrical connection from transformers, cable, meter's main terminals and from consumer's installations through artificial wiring; (c) disconnecting the potential link from the meter terminals by means of a plier, screw driver, cuter or any other instruments; (d) breaking the glass cover of a meter or drilling hole in the casing or covering of a meter by any means; (e) stopping or slowing the revolutions of a meter disc by artificial magnet; or (f) stopping or slowing or reversing the revolutions of the meter disc by changing the phase sequence of meter through artificial electrical circuit.]

¹⁰[40A. Whoever dishonestly removes, dismantles, commits theft or wilfully damages any line materials such as, pole, tower parts, conductors, transformers from an electric supply-line belonging to a licensee ¹¹[shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.]]

¹²[40B. Whoever dishonestly receives or retains any stolen electric-line materials or sub-station materials or equipment knowing or having reasons to believe the same to be stolen property, shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.]

¹³[40. (1) Whoever maliciously causes energy to be wasted or diverted, or, with intent to cut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric supply-line or works shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to a fine of ten thousand taka.(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.]

¹⁴[41. (1) Whoever, in contravention of the provisions of section 28, engages in the business of supplying energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to fine which may extend to fifteen thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such-second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.]

¹⁵[42. (1) Whoever- (a) being a licensee, save as permitted under section 27 or section 51 or by his license, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or (b) being a licensee, in contravention of the provisions of this Act or of the rules thereunder, or in breach of the conditions of his license, and without reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply energy; or (c) makes default in complying with any order issued to him under section 34, sub-section (2), shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to a fine of ten thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.]

¹⁶[43. (1) Whoever, in contravention of the provisions of section 30, transmits or uses energy without giving the notice required thereby, shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to a fine of ten thousand taka.(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.]

¹⁷[44. (1) Whoever- (a) connects any meter, maximum demand indicator or other measuring apparatus referred to in section 26, with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line, without the licensee's consent in writing; or (b) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee, without such licensee's consent in writing; or (c) uses the energy supplied to him by a licensee under one method of charging in a manner for which a higher method of charging is in force without the licensee's consent in writing, or adopts any appliance or increase load beyond sanction load, or use energy supplied to him by a licensee in a manner prejudicial to the safety or efficient working of the licensee's electric supply-line or works, or deals with it in a manner so as to interfere with the efficient supply of energy by the licensee to any other person, shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine which may extend to thirty thousand taka. (2) If in case of sub-section (1) it is proved that any artificial means exist or have existed for making such connection as is referred to in clause (a), or such communication as is referred to in clause (b), or for facilitating such improper use of energy as is referred to in clause (c), and that the meter, maximum demand indicator or other measuring apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, communication or improper use, as the case may be, has been knowingly and willfully caused by such consumer. (3) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine which may extend to three thousand taka.]

¹⁸[44A. Whoever, including an officer or employee of the licensee, abets the commission of any offence under sections 39, 39A, 40, 40A, 40B, 41, 42, 43 and 44 of this act shall be punishable with the same penalties as have been provided in the said sections for the offences specified therein. Explanation.-A person abets the commission of any offence, if he- (a) instigates any person to commit the offence; (b) engages with one or more other persons in conspiracy for committing the offence; (c) intentionally aids the commission of the offence; or (d) facilitates in any way the commission of the offence.]

45. Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment ¹⁹[of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to ten thousand taka].

46. Whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, ²⁰[or negligently throws, puts any articles on the electric supply-line or equipment to interrupt supply of energy] shall be punishable with ²¹[imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a fine of ten thousand taka.]

²²[47. (1) Whoever, in any case not already provided for by sections 39 to 46 (both inclusive), makes default in complying with any of the provisions of this Act, or with any order issued under it, or in the case of a licensee, with any of the conditions of his license, shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a fine of five thousand taka:Provided that, where a person has made default in complying with any of the provisions of sections 13, 14, 15, 17 and 32, as the case may be, he shall not be so punishable if the court is of opinion that the case was one of emergency and that the offender complied with the said provisions as far as was reasonable under the circumstances.(2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of five hundred taka.]

48. The penalties imposed by sections 39 to 47 (both inclusive) shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or, in the case of a licensee, the revocation of his license, or the payment of penalty in lieu thereof, which the offender may have incurred.

49. The provisions of sections 39, 40, 44, 45 and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of energy supplied by, or of works belonging to, the Government.

²³[49A. (1) if the person committing an offence under this Act is a company, every person who at the time the offence has been committed was incharge of, or was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under the Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to firm, means a partner in the firm.]

²⁴[50A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) or in any other law for the time being in force, the Magistrate shall be competent to pass any sentence and impose any fine authorized by this Act.]

²⁵[50. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) offences under sections 39, 39A, 40, 40A, 40B, 41, 42, 43, 44, 44A, 45, 46 and 47 of this Act shall be cognizable.(2) No court shall take cognizance of any offence against an employee of the licensee for abetting the commission of any offence under this Act unless a report to that effect is filed by an officer not below the rank of an Assistant Engineer of the concerned licensee for the offence committed.Explanation.A person is said to abets the commission of any offence, if he(a) instigates any person to commit the offence;(b) engages with one or more other persons in conspiracy for committing the offence;(c) Intentionally aids the commission of the offence; or(d) facilitates in any way the commission of the offence.(3) any officer not below the rank of an Assistant Engineer of the concerned licensees shall be competent of file cases for any offence under this Act or any rule, license of order made thereunder in the court taking cognizance of the offence.]

51. Notwithstanding anything in sections 12 to 16 (both inclusive) and sections 18 and 19, the Government may, by order in writing, for the placing of appliances and apparatus for the transmission of energy, confer upon any public officer or licensee, subject to such conditions and restrictions (if any) as the Government may think fit to impose, and to the provisions of the Telegraph Act, 1885, any of the powers which the telegraph-authority possesses under that Act, with respect to the placing of telegraph-lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained.

52. Where any matter is, by or under this Act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the license of a licensee, be determined by such person or persons as the Government may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the Arbitration Act 1940.

52A. Notwithstanding anything contained in any other law for the time being in force, every order passed revoking a licence under section 4 or taking possession of any undertaking under section 5 or cancelling a sanction under section 28 shall, subject to the Provisions of arbitration provided in this Act, be final and shall not be called in question in any Court.

53. (1) Every notice, order or document by or under this Act required or authorised to be addressed to any person may be served by post or left,- (a) where the Government is the addressee, at the office of such officer as the Government, ²⁶[* * *] may designate in this behalf; (b) where a local authority is the addressee, at the office of the local authority; (c) where a company is the addressee, at the registered office of the Company or, in the event of the registered office of the Company or, in the event of the registered office of the Company not being in Bangladesh at the head office of the Company in Bangladesh; (d) where any other person is the addressee, at the usual or last known place of adobe or business of the person. (2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.

54. Any penalty imposed under section 4, sub-section (2), every sum declared to be recoverable by section 5, clause (f), section 6, sub-section (2), section 14, sub-section (2), clause (h), section 16, sub-section (2), section 18, sub-section (2) or sub-section (4), or section 26, sub-section(4), and every fee leviable under this Act, may be recovered, on application to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident, by the distress and sale of any moveable property belonging to such person.

²⁷[54B. Where a licensee or any person duly authorised by him in this behalf, requires any police assistance for carrying out the purposes of this Act, he may make an application to the officer-in-charge of the Police Station of the concerned Thana:Provided that a copy of the requisition letter will be sent to the Superintendent of Police of the concerned District, Metropolitan Police Commissioner in a Metropolitan Area, the Deputy Commissioner of the District or the Upazilla Nirbahi Officer of the Upazilla concerned as the case may be, who will ensure to render the police assistance required.]

²⁸[54A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any instrument or agreement, the charges for supply of energy or any other sum outstanding against a consumer under this Act shall be recoverable as an arrear of land revenue.(2) A licensee, or any person duly authorised by the licensee, may apply with a certificate showing the amount outstanding against a consumer to the Collector of the district concerned for the recovery of the said amount, and the Collector shall, thereupon proceed to recover the same from such consumer, or his sureties, or from all of them, as an arrear of land revenue.

54C. (1) Where a licensee gives a notice referred to in sub-section (1) of section 24 or discontinues supply of energy to premises under the provisions of this Act, no court shall make an order prohibiting the licensee from discontinuing supply of energy to the premise, or requiring him to restore supply of energy to such premises:Provided that nothing contained herein shall apply to a case in which the plaintiff, applicant or appellant within a period of thirty days of the aforesaid date or at the time of filing the suit, application or appeal, as the case may be, deposit with the court the amount assessed against him by the licensee and all further charges of the licensee as and when they become due; and in the event of his failing to do so, any order prohibiting the licensee from discontinuing the supply of energy to the premises, or requiring him to restore the supply of energy to the premises, if already made, shall cease to have effect.(2) Where an amount has been deposited under sub-section (1), the court shall direct it to be deposited in a scheduled bank in the name of the licensee on an undertaking being furnished by the licensee to the effect that in case the suit, application or appeal is decided against him, he shall repay the said amount to the plaintiff, applicant or appellant, as the case may be, with such reasonable return as the court may determine.]

55. The Government may, by general or special order, authorise the discharge of any of its functions under section 13 or section 18 or section 34, sub-section (2), or clause V, sub-clause (2), or clause XIII of the Schedule by an Electric Inspector.

56. No suit, prosecution or other proceeding shall lie against any public officer, or any servant of a local authority, for anything done, or in good faith purporting to be done, under this Act.

57. [Omitted by section 17 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).]

58. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]