The Electricity (Maharashtra Amendment) Act, 2005
(Maharashtra Act No. 36 of 2005)
(a) upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or a licensee or the generating company, as the case may be, for this purpose;,or
(b) upon a police report of facts which constitute an offence :Provided that, such police report is based on the First Information Report filed by a person who is authorised to file a complaint under clause (a)." 3. Amendment of section 153 of Act 36 of 2003. - In section 153 of the principal Act, after sub-section (4), the following sub-section shall be added, namely :- "(5) Where no Special Court for any area or areas has been constituted under sub-section (1), one or more Additional District and Sessions Judges, as may be designated by the High Court, for such area or areas, from time to time, shall exercise the powers of the Special Court under this Act and any Judge so designated shall be deemed to be a Special Court for the purposes of this Act." 4. Amendment of section 154 of Act 36 of 2003. - In section 154 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely :- "(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-
(a) every Special Court may take cognizance of an offence without the accused being committed to it for trial; and
(b) every offence punishable under sections 135 to 139 shall be triable only by the Special Court within whose jurisdiction such offence has been committed."5. Repeal of Maharashtra Ordinance IV of 2005 and saving. - (1) The Electricity (Maharashtra Amendment) Ordinance, 2005, is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed I to have been done or taken, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.