NOTE: Some content may not display correctly, including tables and figures. See PDF for full details.

 

Government of the People's Republic of Bangladesh

Ministry of Power, Energy and Mineral Resources

NOTIFICATION

Dated : 30 January 2019

S.R.O. No. 28-Law/2019.—In exercise of the power conferred by section 61 of the Electricity Act, 2018, the Government is pleased to publish the following Authentic English Text of the Act, and it takes effect from the date on which the Act comes into force under sub-section (2) of section I of this Act :

Electricity Act, 2018

Act No. Vll of 2018

130 Magh, 1424/12 February, 2018]

An Act to repeal and re-enact the Electricity Act, 1910 with modification for developing and reforming the sectors of power generation, transmission, supply and distribution and for better service delivery to consumers and meeting the increasing demand for electricity

WHEREAS it is expedient and necessary to repeal and re-enact the Electricity Act, 1910 with modification for developing and reforming the sectors of power generation, transmission, supply and distribution and for better service delivery to consumers and meeting the increasing demand for electricity;

 

 

THEREFORE, it is hereby enacted as follows :

Chapter — I Preliminary

1. Short title and commencement.—(l) This Act may be called the Electricity Act, 2018.

(2) It shall come into force at once.

1. Definitions.—ln this Act, unless there is anything repugnant in the subject or context—

(1)      "building" means any house, outhouse, hut, wall foundation, and also includes any structure made by bricks, corrugated iron sheets, metals, tiles, wood, bamboo, clay, leaves, grass, straw or any other material;

(2)      "sub-station" means such part of power generation, transmission and distribution system, where high voltage is converted into low voltage and low voltage is converted into high voltage or where any other vital action related to electricity takes place;

(3)      "generation plant" means any power generation plant and any building, plant and relevant sub-station which is used for power generation, and also includes any such establishment;

(4)      "aerial line" means any power transmission and distribution line which is set up in the air and upon the pole or post or tower;

(5)      "Commission" means the Bangladesh Energy Regulatory Commission established under the Bangladesh Energy Regulatory Commission Act, 2003 (Act No. XIII of 2003);

(6)      "Commission Act" means the Bangladesh Energy Regulatory Commission Act, 2003 (Act No. Xlll of 2003);

(7)      "consumer" means such person who owns or possess the dwellinghouse, establishment or place where the distribution licensee has provided electricity connection;

(8)      "prescribed" means prescribed by rules;

(9)      "civil works" means any construction work related to power generation, transmission and distribution, installation or reinstallation of machinery or equipment and any civil work related thereto;

(10)   "Code of Criminal Procedure" means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

(11)   "dwelling-house" means by building or part thereof made for living, and also includes any such garden, courtyard, patio and adjacent room which are included or generally used along with the dwelling-house;

(12)   "electricity theft" means illigel consumtion or use of electricity taking connection thereof;

(13)   "power supply line" or "electricity line" means any cable, conductor or any other medium which is used for transportation, transmission, supply or distribution of electricity, and any part of such cable, conductor or medium or insulator, accessory cable or any object that is relev.nt to transportation, transmission or distribution of electricity;

(14)   "rules" means rules made under this Act;

(15)   "person" inculdes any firm, partnership business, corporation, company, society, association or group of persons, whether incorporated or not;

(16)   

"meter" means any electricity measurement device, such as analogue meter, digital meter, pre-payment meter (offline and online meter), etc. by means of which the quantity of electricity consumed by a consumer is measured and monitored;

 

(17)   "road" means any street, waterway, metrorail, flyover, overpass, foot overbridge, underpass, alley, square, alley in between dwelling-houses, any road or open space, with or without openings at both the ends that are being used by, or are in possession of, the public, and also inculdes the road meant for plying vehicles or footway on the bridge or bank being used by the people;

(18)   "licensee" means any person to whom a license is issued under the Commission Act for power generation, transmission, distribution or supply;

(19)   "supply area" means the geographic area for which the licensee has been permitted to supply electricity; and

(20)   "service line" means any power supply line laid by the licensee for the purpose of supplying electricity to consumers.

1. Act to override other laws.—Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall prevail.

 

Chapter Il

Power Sector Development and Independent System Operator

1. Power sector development.—The Government shall make necessary arrangements for the development and reformation of power generation, transmission, supply and distribution systems, introduction of advanced technology and sale and purchase of power and relevant work.
2. Establishment of independent system operator.—(l) The Government shall, by notification in the Official Gazette, establish an independent system operator in accordance with the existing laws and regulations for operation of the power sector in a coordinated manner.

(2) The independent system operator shall, in such manner as may be prescribed, monitor the flow of power transmission, make schedule and, on equity basis, allocate load in accordance with the merit order dispatch and on demand of the distribution agency or company.

Chapter Ill

Civil Works, etc.

6. Civil works.— (l) If any licensee is permitted to lay power supply lines within the area of supply or, subject to the terms of his license, beyond the area of supply, the licensee may, as soon as may be, do necessary civil works, with intimation to the concerned person or the local authorty, as the case may be, for supplying electricity to that area.

(2)   In case of doing civil works on, below, along or across road or any part thereof , railway, canal or waterway or underground, the licensee shall have to give written notice to the person concerned or the local authority.

(3)   On reciving notice under sub-section (2), the person or local authority, if aggrived, may prefer an appeal to the Government, and the licensee may do civil works after the disposal of such appeal.

(4)   Notwithstanding anything contained in sub-section (2), the licensee may, under emergency requirements, lay power supply lines without issuing notice.

(5)   If any power supply line or civil works creates any obstacle to proper execution of legitimate authority of any person, the licensee may shift the site for power supply line or civil works.

1. Modification of electricity line or plant.—Notwithstanding anything contained in any other law for the time being in force, no electricity line or plant under the control of a licensee shall be modified without written consent of the licensee.
2. Laying of power supply lines adjacent to underground drains, pipes or existing power supply lines or civil works.—The activities of laying power supply lines or doing civil works adjacent to underground drains, pipes or existing power supply lines or civil works shall be rendered in such manner as may be prescribed.
3. Reconstruction of damaged roads, railways, underground drains, sewers, tunnels.—lf any road, railway, underground drain, sewer or tunnel is damaged in consequence of civil works, the part excavated shall have to be filled up by soil, the part damadeg shall have to be reparied and the grabage shall have to be removed immediately after such works.
4. Notice to telecommunication and internet service providers.—lf any licensee intends to carry out any new civil works or repair or modification thereof on any service line or power supply line running through any part of telephone or internet lines, he shall iysue notice in writing to the concerned telecommunication or the internet service provider agency regarding such works :

 

Provided that in case of emergency requriements, the licensee may, without issuing notice, do new civil works or modification thereof on power supply lines and in that case, after causing such modification, shall inform the concerned telecommunication or internet service provider agency about such modification in writing.

 

I l . Setting up aerial lines.—Subject to the prior approval of the Government, the licensee may set up aerial lines alongside or across any road, railway, canal or waterway.

12. Compensation.—(l) If any damage, harm or inconvenience is caused while doing civil works under this Act, the licensee shall, in such manner as may be prescribed by rules, pay compensation to the person affected or the owner of the land affected for acquiring land for construction of electricity towers.

(2) If any dispute arises from the amount payable as compensation under sub-section (l ), the provisions of the Commission Act shall apply to settle such dispute.

1. Right of way.—For the purpose of laying power supply lines or doing civil works under this Act, the licensee shall reserver the right of way over the land and the space above or underground thereof :

Provided that the licensee shall inform the land owner in writing before laying of power supply lines and doing civil works within a reasonable time.

1. Acquisition of land.—(l) If acquisition of land is requried for establishment of power generation plant or sub-station, it shall be deemed to have been necessary for public interest and the exisiting laws and regulations on acquisition of land shall have to be followed.

 

(2) If any private company holding license requires any land for constructing any connection line with power station, sub-station or grid substation the licensee may purchase or acquire such land from the concerned land owner in accordance with the existing laws and regulations regarding land acquisition.

Chapter IV

Power Supply, Meter Installation, etc.

1. Electricity connection.—On an application made by the owner of a dwelling-house, establishment or place legal occupant thereof or any person specified by the Government, and subject to payment of necessary fees, the distribution licensee shall, in prescribed manner,—

(a)      give electricity connection, supply electricity and provide mamagement services at the dwelling-house, establishment or place mentioned in the application; and

(b)      install power supply lines and other equipment for carrying out the purpose of sub-clause (a).

1. Obligation of the licensee to maintain same quality in power supply.—The licensee shall, unless otherwise specified in the terms of the license, supply electricity of the same quality to all the consumers of its supply area :

Provided that the licensee may, on an application made by any consumer making payment of prescribed fee for electricity of a different quality through a separate supply line, supply electricity of such quality to that consumer.

1. Meter installation, maintenance, etc.—(l) The licensee shall install a meter at the consumer end in order to measure the quantity of electricity supplied to that consumer.

(2)                  The matters regarding meter supply, meter installation, meter checking, meter reading and any other matter related thereto shall be prescribed by rules.

(3)                  The consumer shall be responsible for the proper maintenance of the meter and shall not tamper with the meter or cause any harm to it.

(4)                  If any consumer does not maintain the meter properly, the distribution licensee may, in accordance with the prescribed manner, disconnect the power supply of the consumer and take legal action against him.

(5)                  In case of measuring the quantity of electricity supplied over a specific period of time, the information preserved in the meter and the meter register shall be deemed to reflect correct record of the quantity of electricity consumed and this record shall be treated as evidence, unless otherwise proved.

18. Disconnecting electricity line.—(l) If any consumer fails to pay electricity bills or if any person consumes electricity illegally, the licensee shall, following prescribed procedure, disconnect the clectricity line of that consumer or person.

(2)                  If electricity line of any consumer is disconnected under sub-section (l), no court shall pass an order to the licensee to reconnect electricity line of that consumer.

(3)                  If there is any unpaid electricity bill due to negligence of an employee engaged in preparation and collection of bills, the liability of that unpaid bill shall rest upon that employee.

19. Power to access and authority to remove fittings and other electrical equipment.—(l) Any licensee or any person authorized by him may, within a reasonable time, enter the dwelling-house or establishment or place having power supply connection, in order to examine the power supply line or fittings and other electrical equipment with intimation to the owner or occupant of that dwelling-house, establishment or place.

(2)                 

If it deems fit to the licensee or any person authorized by him that it is necessary to remove a power supply line or any fittings or electrical equipment, he may remove such power supply line or fittings or electrical equipment.

 

(3)                  If any person does not allow the access under sub-section (l) or obstructs the removal of power supply line or fittings or electrical equipment under sub-section (2), the power supply line may be disconnected.

1. Reconnection of power supply line.—lf any power supply line of any consumer is disconnected under section 18 or 19, the licensee may, subject to the fulfillment of specific conditions, reconnect such power supply lines.
2. Use of power saving equipments.—The licensee may, from time to time, suggest the consumer to use power saving equipment and appliances.
3. Advance payment of bill.—A consumer may make advance payment of bill in such manner as may be prescribed.
4. To stop power supply temporarily.—(l) If any consumer wishes to stop power supply temporarily for a specific period of time, he shall inform the distribution licensee regarding the matter in writing. 

(2)                  On being informed under sub-section (l), the distribution licensee may stop power supply to that consumer.

(3)                  If the power supply of a consumer is stopped under sub-section (2), the consumer concerned shall have to pay all other charges except the price of electricity.

 

1. Power supply line or other equipment to be exempted from attachment.—The power supply lines, meters, fittings, civil works or equipment of lecensee installed inside or over the premises of a person for supplying electricity shall not be liable to attachment on account of his bankruptcy or judgment against him in a civil suit.
2. Use of meter in inter-utility power transfer.—The Government may give directions to the licensee to install a meter at any phase or place of power generation, transmission and distribution system for conducting proper accounting and auditing of power generation, supply and distribution systems.
3. Power supply beyond the area of supply.—Notwithstanding anything contained in any other provisions of this Act, the Government may, by written order and subject to the fulfillment of necessary conditions and provisions give permission to any licensee for supplying power to any person living outside the licensee's area of supply and do civil works for that purpose.

Chapter V

Protection and Safety Measures

1. 
   Protection of railways, highways, airports, waterways, cannals, docks, wharves and jetties and pipes.—No licensee shall harm or obstruct or interfere with railways, highways, airports, waterways, cannals, docks, wharves and jetties and pipes, during power generation, transmission, supply or distribution; and shall, in co-ordination with the concerned authority, take measures for protection and safety of the same.
2. Protection of telegraph, telephone, internet or electromagnetic signal emitting lines.—The licensee shall take all logical precautions during construction of power supply lines and doing civil works so as not to have any harmful effect on the communication system of telegraph, telephone or electromagnetic signal emitting lines by way of induction or any other means.
3. Notice of accidents and investigation.—(l) If any accident occurs or any risk arises due to power generation, transmission, supply or distribution or due to power supply line or any other work, the person affected or the person having knowledge of it, as the case may be, may give notice in writing to the Authority of such incidence or damage.

Explanation : For carrying out the purposes of this Act, "Authority" means

the Chief Electricity Inspector or any Authority specified by the Government, from time to time.

(2) The Authority shall, on receipt of notice under sub-section (l conduct investigation in such manner as may be prescribed.

30. Prohibition on earthing and the Government's interference.—(l) No person shall, with dishonest intention, connect any part of the power generation, transmission and distribution line with earth.

(2) If it appears to the Government that the provision of sub-section (l) has been violated, the Government may give directions to the licensee or person concerned to remedy, and prohibit the use of power supply line or civil works until the order is executed or for the time mentioned in the order, or may take any other action.

Chapter VI

Chief Electricity Inspector and Electricity Inspector

31. Chief Electricity Inspector and Electricity Inspector.—(l) The Government may, by notification in the official Gazette, appoint a Chief Electricity Inspector and such other Electricity Inspectors as may be deemed necessary.

(2) The appointment, duties, powers and conditions of service of the Chief Electricity Inspector and Electricity Inspectors shall be prescribed by rules.

Chapter Vll

 

Offences and Punishments

 

32. Punishment for electricity theft.—(l) If any person steals electricity for use in a dwelling-house or any place, he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine twice the price of electricity stolen or 50 (fifty) thousand Taka, or with both.

(2) If any person steals electricity for the purpose of industrial or commercial use, he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine twice the price of electrictiy stolen or 5 (five) lac Taka, or with both.

33. Punishment for installing artificial means.—(l) If any person illegally installs or uses any machine, device or artificial means at the electricity connection of a licensee, it shall be an offence, and for that offence he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine which may extend to 5 (five) lac Taka, or with both.

(2) If it is proved that illegal tapping into, or consumption or use of, the electricity connection of a licensee has taken place by installing a machine, device or artificial means in a dwelling-house, then the occupant of that premises shall, unless otherwise proved, be deemed to have committed an offence under sub-section (l).

 

1. Punishment for wasting electrictiy.—lf any person, with dishonest intention, wastes electricity or diverts the power supply line or cuts off or harms any power supply line with an intent to put a stop to electricity supply, it shall be an offence and, for that offence, he shall be punished with imprisonment for a term which may extend to 3 (three) years, but not less than I (one) year, or with fine which may extend to 5 (five) lac Taka, or with both.
2. Punishment for theft, removal or damage of electrical equipment.— If any person, with dishonest intention, steals, removes, damages or willfully harms any electrical equipment of a power plant or sub-station or structure or power supply line materials such as-poles-parts of tower, conductor, transformer, electric cable, etc., it shall be an offence and, for that offence, he shall be punished with imprisonment for a term which may extent to 5 (five) years, but not less than 2 (two) years and with fine which may extend to 5 (five) lac taka, but not less than 50 (fifty) thousand Taka.
3. Punishment for retaining possession of stolen property.—lf any person retains possession of the stolen equipment or power supply line material mentioned in section 35, despite having reasonable causes for believing such equipment and materials to be stolen, it shall be an offence, and for that offence he shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extent to 50 (fifty) thousand Taka, or with both.
4. Punishment for illegal or defective power supply.-lf any licensee—

(a)      subject to the provision of section 26, supplies electricity or installs any electricity line or does civil works beyond the area of supply;

(b)      breaks any provision of this Act or rules, or without any valid reason, puts a stop to power supply; or

(c)      lays defective power supply lines,it shall be an offence, and for that offence the licensee or the person or persons involved in the commission of the offence shall be punished with imprisonment for a term which may extend to I (one) year, or with fine which may extend to I (one) lac Taka, or with both.

38.                 Punishment for connecting meter, obstructing civil works and unauthorized use of electricity.—lf any person—

(a)      without written permission of the licensee, connects any meter with the power supply line or disconnects the same there from or installs any device with an intent to connect the power supply line with any other establishment;

(b)      without written permission of the licensee, provides any other person with lateral connection from the meter;

(c)      damages meter or willfully or fraudulently changes meter index or obstructs proper registering of meter; or

(d)      uses the electricity supplied to him by a licensee, under a lower method of charging instead of the higher method of charging, or obstructs power supply by use of any equipment.

it shall be an offence, and for that offence he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine which may extend to 5 (five) lac Taka, or with both.

39. Punishment for damaging electricity related establishment.—(l) If any person subversively breaks or causes damage to power station, power substation, power supply line, pole or other types of equipment or with an intent to impede power supply, hurls an object at, or puts an object on, power supply line or machinery, it shall be an offence, and for that offence he shall be punished with imprisonment for a term which may extend to 10 (ten) years, but not less than 7 (seven) years, or with fine which may extend to 10 (ten) crore Taka, or with both.

 

(2) If any person, without the permission of the licensee, uses, neglectfully breaks or causes damage to power station, power sub-station, power supply line, pole or other types of equipment or, with an intent to impede power supply, hurls an object at, or puts an object on, power supply line or machinery, he shall be punished with imprisonment for a term which may extend to I (one) year, or with fine which may extend to 50 (fifty) thousand Taka, or with both.

 

1. Punishment for other offences.—lf any person violates any provison of this Act or rules in which no punishment is provided specifically, he shall be punished with imprisonment for a term which may extend to 6 (six) months, or with fine which may extend to 10 (ten) thousand Taka, or with both.
2. Punishment for abetment of offence.—lf any person, directly or indirectly abets, conspires or instigates the commission of an offence under this Act, and if such offence takes place in pursuance of that abetment, conspiracy or instigation, the abettor, conspirator or instigator shall be punished with the penalties provided for in this Act for the offence committed in consequence of such abetment, conspiracy or instigation.
3. Confiscation of objects related to offence.—Any machine, object or material used in the commission of any offence under this Act shall be confiscated in favour of the Government.
4. Punishment for offences committed by electricity employees.—lf any person employed by a public or private agency, company or organization engaged in power generation, transmission or distribution, commits any offence

 

specified in this Act or, directly or indirectly, engages himself with the commission of such offence, or abets, conspires or instigates the commission thereof, he shall be punished with the penalties specified for that offence under this Act.

Explanation: For carrying out the purposes of this section, if any person employed by a public or private agency, company or organization engaged in power generation, transmission or distribution, in spite of being informed of the commission of any offence under this Act, does not take any step to prevent the commission of such offence within reasonable time, prevention of which is his duty, or does not inform his higher authority, he shall be deemed to have abetted to commit such offence.

1. Punishment for repetition of the same offence.—lf any person further commits the same offence after being punished, he shall be punished with double of the punishment provided for the offence.
2. Punishment not to reduce other liabilities.—The fine imposed under this Act shall be in addition to compensation, and it shall not reduce the liability of the convicted person to pay such compensation.
3. Search.—(l) In case of any offence committed under this Act, any employee not below the rank of Assistant Engineer, Assistant General Manager or of an equivalent rank being authorized by the licensee shall have power to do any of the following acts, namely:—

(a)      if he has reason to believe that an unauthorized use or electricity is occurring in any place or premises, he may enter into, break the doors to enter into, and search the place of premises; and

(b)     he may seize or remove all types of equipment, cables or any other machinery used in such unauthorized use of electricity, and may examine or confiscate any book of accounts or documents relevant thereto.

(2) The search under sub-section (l) shall be conducted at the presence of the owner of the place where it takes place or representative thereof and a list of items seized shall be prepared which shall have to be signed by that owner and at least two neutral persons.

(3) In case of search and seizure, the provisions of the Code of Criminal Procedure shall have to be followed in so far as possible.

1. Filing a case.—Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of any complaint lodged under this Act by any person other than the Assistant Engineer, Assistant General Manager or of equivalent rank authorized by the licensee.
2. Procedure to be followed for filing certain cases.—(l) Without prejudice to any other provisions of this Act, the licensee shall, on being informed of electricity theft committed by any person or consumer, immediately disconnect his power supply, and lodge a complaint in writing in the court having jurisdiction within 7(seven) working days after such disconnection:

Provided that if the accused consumer or person pays an amount thrice the price of electricity stolen and, as the case may be, the price of licensee's meter, power supply disconnection and reconnection fees and all other relevant fees, if any, and if it appears to the licensee to be justified he may abstain from filing a case and may reconnect the power supply within 48 (forty eight) hours of such payment:

Provided further that this provision shall only be applicable if the accused consumer or person commits the offencefor the first time.

(2) No person consuming electricity illegally may file a case in any civil or criminal court regarding actions taken against him under this Act.

49. Trial, etc.—(l) The provisions of the Code of Criminal Procedure shall apply in case of trial of offences committed under this Act.

 

(2) Notwithstanding anything contained in the Code of Criminal

 

Procedure—

(a)      the offences committed under this Act shall be tried by the Judicial Magistrate of the First Class or, as the case may be, the Metropolitan Magistrate;

(b)      a Judicial Magistrate of the First Class or a Metropolitan Magistrate may impose fine of any amount specified in this Act on the person convicted for committing offence under this Act.

1. Offences to be cognizable, bailable and compoundable, etc.— Notwithstanding anything contained in the Code of Criminal Procedure, the offences committed under sections 33, 35, 38 and 39 of this Act shall be cognizable, non-baillable and non-compoundable, and the offences committed under sections 32, 34, 36, 37 and 40 of this Act shall be cognizable, baillable and compoundable.
2. Application of the Mobile Court Act, 2009.—Notwithstanding anything contained in any other law for the time being in force, for carrying out the purposes of the mobile Court Act, 2009 (Act No. LIX of 2009), the Mobile Court may impose punishment for the offences committed under this Act, subject to inclusion thereof into the Schedule of that Act.