Section 41: Offences

41. Offences (1) Any person who— (a) fraudulently obtains or makes use of any electricity service with intent to avoid payment of any applicable fee or charge; (b) by means of any apparatus or device connected to any electrical facilities maintained or operated by a licensee— (i) defrauds the licensee of any fee or charge properly payable for any electricity service; (ii) fraudulently installs or causes to be installed an access to any electrical facilities of a licensee; (c) wilfully damages, interferes with, removes or destroys any electrical facilities maintained or operated by a licensee; or (d) establishes, maintains or operates an electricity service or any undertaking without a licence or in breach of the terms or conditions of a licence, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years. (2) Any person who, in any manner, without lawful authority or excuse, the proof of which shall lie on him— (a) abstracts, consumes or uses electricity; (b) destroys, breaks down, damages, tampers with, renders useless, or alters the index of any meter or other instrument used on or in connection with any installation set up by a licensee for recording the input, output or consumption of electricity; or (c) prevents any such meter or other instrument from duly recording the input, output or consumption of electricity, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years. [Issue 1] E4 – 20 Revised Laws of Mauritius (3) In any proceedings against a customer under this section— (a) the fitting of any device to, the absence of any part from, and the interference with, any installation set up for recording the input, output or consumption of electricity; or (b) the absence of, or interference with, any seal affixed to any meter, shall be evidence that the customer was himself responsible for— (i) abstraction, consumption or use of electricity; (ii) the alteration of the index of any meter or instrument; (iii) the prevention of any meter from duly recording the input, output or consumption of electricity, unless the customer proves to the satisfaction of the Court that he has not been privy to any of the acts specified in paragraphs (a) and (b).