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As enacted
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Part III · Modification and Enforcement of Licences

49. Extraction of electricity to be an offence

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Every person who takes, uses or extracts any electricity—

(a)

which is in the course of being transmitted or distributed by a transmission or distribution licensee; and

(b)

otherwise than in pursuance of a contract made with a distribution licensee or other electricity undertaking, shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, in addition to a penalty of not less than ten thousand rupees and not exceeding fifty thousand rupees, to a fine in a sum of money being the value of the loss or damage caused to the licencee as a result of the act or default constituting such offence, and any sum recovered as such additional fine shall be paid to the licencee on application made to Court by such licencee.

(2)

Any person who aids or abets in the commission of any offence punishable under this section, shall be guilty of an offence under this Act and shall be liable to the same punishment as is provided for the principal offence. Where two or more persons are convicted of having committed the same offence, whether as principal or abettor, the value of such loss or damage may be apportioned among such persons and the amount so apportioned, shall be imposed on each of such persons as a fine.

(3)

A certificate issued by the licensee shall be received as proof of the value of such loss or damage in the absence of evidence to the contrary. In the absence of any agreement, a licensee may charge for the electricity supplied to any consumer in accordance with any method of charging provided for in the licence.