Section 49E in Indian Electricity (Andhra Pradesh Amendment) Act, 2000
49E. Procedure and powers of the Special Court. - (1) The Special Court may either suo moto or on a complaint under Section 50 of this Act, take cognizance of such cases arising out of any alleged act of theft of energy whether before or after the commencement of this Act, where the value of compensation to be awarded to the Electricity Utility concerned exceeds rupees five lakhs and pass such orders (including orders by way of interim directions) as it deems fit:
Provided that if in the opinion of the Special Court, any complaint filed before it is prima facie frivolous or vexatious, it shall reject the same without any further enquiry.(2)Notwithstanding anything contained in the Code of Civil Procedure 1908, the Code of Criminal Procedure, 1973 or the Andhra Pradesh Civil Courts Act, 1972, any case in respect of an alleged act of theft of energy under sub-section (1) shall be triable only in the Special Court and the decision of the Special Court shall be final.(3)If the Special Court is of the opinion that any case brought before it, is not a fit case to be taken cognizance of by it, it may return the same for presentation before the Special Tribunal :Provided that if on an application from an interested person to withdraw and try a case pending before any Special Tribunal, the Special Court is of the opinion, that it is a fit case to be withdrawn and tried by it, it may, for reasons to be recorded in writing, withdraw any such case from such Special Tribunal and shall deal with it as if the case was originally instituted before the Special Court.(4)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, it shall be lawful for the Special Court to try all offences punishable under this Act.(5)The Special Court shall determine the order in which the civil and criminal liability against a consumer or person be initiated. It shall be within the discretion of the Special Court whether or not to deliver its decision or order until both Civil and Criminal Proceedings are completed. The evidence admitted during the criminal proceeding may be made use of while tidying the civil liability. But additional evidence, if any. adduced in the civil proceedings shall not be considered by the Special Court while determining the criminal liability. Any person accused of theft or the abatement thereof before the Special Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charge made against him or any person charged together with him in the criminal proceedings :Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall not be made the subject of any comment by any of the parties or the Special Court or give rise to any presumption against himself or any person charged together with him at the same proceeding.(6)Every case under sub-section (1) shall be disposed of finally by the Special Court as far as possible within a period of six months form the date of institution of the case before it.(7)Every finding of the Special Court with regard to any alleged act of theft of energy shall be conclusive proof of the fact of theft of energy and of the person or consumer who committed such theft.(8)It shall be lawful of the Special Court to pass such order as it may deem fit to advance the cause of justice. It may award compensation in terms of money for theft of energy which shall not be less than an amount equivalent to twelve months assessed quantity of the energy committed theft of at three times of tariff rate applicable to the consumer or person as per the guidelines prescribed by the Government and the amount of compensation shall be recovered as if it were a decree of a civil Court:Provided that the Special Court shall, before passing an order under this sub-section give to the consumer or person an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider every such representation and evidence.(9)Any case, pending before any Court or other authority immediately before the constitution of a Special Court as would have been within the jurisdiction of such Special Court, shall stand transferred to the Special Court as if the cause of action on which such suit or proceeding is based had arisen after the constitution of the Special Court.
