Updated: Wednesday April 26, 2017/AlArbia'a
Rajab 30, 1438/Budhavara
Vaisakha 06, 1939, at 06:49:20 PM
The Gas (Theft Control and Recovery) Act, 2016
ACT No. XI OF 2016
[23
An Act to provide for prosecution of cases of gas
theft and other offences relating to gas and to provide a procedure for
recovery of amounts due;
WHEREAS it is expedient to prosecute cases of gas
theft and other offences relating to gas and to provide for a procedure for
expeditious recovery of amounts due, value of gas, fines, penalties and other
outstanding amounts payable and sums due to Gas Utility Companies and for
matters ancillary and related thereto;
It is hereby enacted as follows:---
1. Short title, extent and commencement. —(1)
This Act may be called the Gas (Theft Control and Recovery) Act, 2016.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.—(1) In this Act, unless there is
anything repugnant in the subject or context,---
(a) ”auxiliary pipeline” includes all gas
pipelines and fittings from the distribution lines to the property line of the
consumer up to the outlet coupling of the gas meters;
(b) ”consumer” includes a person who receives a
supply of gas under a gas sales agreement for the specific purpose of
consumption and a premises that is connected to a gas pipeline for the purposes
of obtaining supply of gas and includes a successor-in-interest and assignees
of a consumer and also includes compressed natural gas (CNG) stations which
receive gas for their own consumption or resale for vehicular use;
(c) ”distribution pipeline” includes a gas
pipeline used for transportation of natural gas at a pressure not exceeding 300
Psig or such pressure as the Oil and Gas Regularity Authority may prescribe
from time to time for transportation of gas downstream of the sales meter
stations to the end consumers including all equipment installed on the
distribution pipeline;
(d) ”domestic consumer” means a consumer who
receives a supply of gas for domestic purposes;
(e) ”gas” includes natural gas, liquefied
petroleum gas, air mix liquefied petroleum gas, liquefied natural gas,
regasified liquefied natural gas and compressed natural gas;
(f) ”gas pipeline” means any recognized pipe or
system or arrangement of pipes which transports gas and includes right of
way/land strips, compressor stations, repeater stations and all equipment of
any kind used for the purpose of or in connection with, or incidental to the
operation of a pipeline in transporting, transmitting, distributing, supplying
and handling gas;
(g) ”gas sales agreement” means an agreement
executed between a Gas Utility Company and a consumer for sale and purchase of
gas;
(h) ”Gas Utility Company” mean Sui Southern Gas
Compan Iimited, Sui Northern Gas Pipelines Limited and such other companies,
government agencies or persons licensed by the Authority, that the Oil and Gas
Regularity Authority may, from time to time, determine and publish in the
official Gazette;
(i) ”
(j) ”informer” means any person who brings or
provides specific information in writing to a Gas Utility Company regarding an
offence under this Act;
(k) ”main pipeline” shall mean and include a
transmission line with gas at a pressure of not less than 300 Psig or such
pressure as the Oil and Gas Regularity Authority may prescribe from time to
time used for transmission/transportation of gas from the gas fields to the
various distribution centers upstream of the sales meter stations including the
sales meter stations;
(l) ”meter” means an instrument that measures gas
delivered to consumers for consumption;
(m) ”person” means any individual or a legal
entity, authority, statutory body or government department and includes a
partnership firm, company, group, trust, society, corporation, body or
association of persons, a public servant or an employee of a Gas Utility
Company;
(n) ”successor-in-interest” includes a person who
either by inheritance or by transfer by way of sale, lease, mortgage, gift,
exchange, assignment or other mode of transfer, happens to succeed to, acquire
any share or interest in, benami or otherwise, the property or premises for
which any charge for gas was or has become due, an ostensible owner of any such
property or premises, but does not include a person who occupies such premises
merely as a tenant;
(o) ”sums due” means any or all such amount,
inclusive of applicable Government taxes, recoverable from a person who
purchases or receives gas for self consumption or sale for vehicular use or a
person whose premises is connected with the network of the Gas Utility Company,
lawfully or unlawfully including but not limited to arrears of gas charges,
meter rental, late payment surcharges or any other incidental charges for
services including fixed and variable charges, gas theft claims determined in
accordance with the Gas Utility Companies’ laid down procedures and any amount
recoverable on account of any land dispute, rentals, damages, fines, penalties,
violation charges and or on account of any other dispute;
(p) ”Sui Northern Gas Pipelines Limited” means
the Sui Northern Gas Pipelines Limited, a public limited company incorporated
under the Companies Ordinance, 1984 (XLVII of 1984);
(q) ”Sui Southern Gas Company Limited” means the
Sui Southern Gas Company Limited, a public company incorporated under the
Companies Ordinance, 1984 (XLVII of 1984);
(r) ”tampering” or “tamper” includes interfering
or creating hindrance in flow or metering of gas power by unauthorized entry or
access into metering system or transmission and distribution lines either by
breaking the seals or damaging or destructing the same or in any manner
interfering with the gas meter or transmission line or distribution line or
interfering with its original condition; and
(s) ”unauthorized use of gas” includes the acts
of receiving, consuming or providing a supply of gas from a pipeline or a meter
of a Gas Utility Company other than that contracted for by any person, the
unauthorized receipt of more gas than is registered by the meter or other
measurement device, tampering to increase metering pressure, unauthorized
enhancement of gas loads other than contracted for, consuming gas through
bypassing of a meter or other measurement device and gas usage by direct
tapping to the gas supply of a Gas Utility Company.
(2) Words used and not defined in this Act shall carry
the same meaning as are assigned to them in the Oil and Gas Regulatory
Authority Ordinance, 2002 (XVII of 2002).
3. Constitution of Gas Utility Courts.—(1) The Federal
Government may, in consultation with Chief Justice of the High Court concerned,
and by notification in the official Gazette, establish as many Gas Utility
Courts in a district as it may deem necessary for the purposes of this Act and
appoint a Judge for each of such Courts from amongst the District and Sessions
Judges in that district.
Explanation.— For the purpose of this sub-section,
District and Sessions Judge includes Additional District and Sessions Judge.
(2) Where more Gas Utility Courts than one have been
established to exercise jurisdiction in the same territorial limits the Federal
Government shall define the territorial limits of each such court.
(3) Where more Gas Utility Courts than one have been
established in the same or different territorial limits, the High Court may, if
it considers it expedient to do so in the interests of justice or for the
convenience of parties or of the witnesses, transfer any case from
4. Exclusive jurisdiction of Gas Utility Court.—
(2) The Court having jurisdiction under this Act shall
be a
5. Powers of the Gas Utility Court.—(1) Subject
to the provisions of this Act, a
(a) in the exercise of its civil jurisdiction
have all the powers vested in a
(b) in the exercise of its criminal jurisdiction,
try offences punishable under this Act and shall for this purpose have the same
powers as are vested in a Court of Sessions under the Code of Criminal
Procedure, 1898 (Act V of 1898).
(2) Notwithstanding anything to the contrary contained
in this Act, a
(3) A Gas Utility Court shall in all matters with
respect to which the procedure has not been provided for in this Act, follow
the procedure laid down in the Code of Civil Procedure, 1908 (Act V of 1908)
and the Code of Criminal Procedure, 1898 (Act V of 1898).
(4) All proceedings before a Gas Utility Court shall
be deemed to be judicial proceedings within the meaning of sections 193 and 228
of the Pakistan Penal Code, 1860 (Act XLV of 1860), and a Gas Utility Court
shall be deemed to be a Court for the purposes of the Code of Criminal
Procedure, 1898 (Act V of 1898).
(5) Subject to sub-section (6), no court or authority
shall have or exercise any jurisdiction with respect to any matter to which the
jurisdiction of a
(6) Nothing in sub-section (5) shall be deemed to
affect,---
(a) the right of a Gas Utility Company and a gas
consumer to seek any remedy before any other court, tribunal or forum including
official liquidator or receiver that may otherwise be available to it under the
law; or
(b) the powers of the Gas Utility Company, or
jurisdiction of any
(7) All proceedings pending in any other court,
including suits for recovery, shall stand transferred to, or be deemed to be
transferred to, and heard and disposed of by the
(8) In respect of proceedings transferred to a
(9) The
(10) Remuneration of the amicus curiae, and the party
or parties by whom it will be payable will be determined by the
6. Procedure for complaints and suits for default
before Gas Utility Courts.—(1) Where a person is involved in an offence
under this Act or where there are sums due or recoverable from any person, or
where a consumer has a dispute regarding billing or metering against a Gas
Utility Company, a consumer or Gas Utility Company, as the case may be, may
file a complaint or suit, as the case may be, before a Gas Utility Court as
prescribed by the Code of Civil Procedure, 1908 (Act V of 1908) or the Code of
Criminal Procedure, 1898 (Act V of 1898).
(2) The plaint shall be supported by a gas sales
agreement or gas bill or such other documentation that evidences such contract
or obligation. Copies of the plaint, statement of dues and other relevant
documents shall be filed with the
(3) The plaint, in the case of a suit for recovery
instituted by a Gas Utility Company, shall specifically state,---
(a) the quantity of gas consumed or extracted by
the defendant from the Gas Utility Company;
(b) the amounts, if any, paid by the defendant to
the Gas Utility Company and the dates of payment; and
(c) the total dues relating to the supply,
consumption or extraction of gas and all other dues by the defendant to the Gas
Utility Company up to the date of institution of the suit.
(4) On a plaint being presented to the Gas Utility
Court, a summons in Form No. 4 in Appendix ‘B’ to the Code of Civil Procedure,
1908 (Act V of 1908) or in such other form as may, from time to time, be
prescribed by rules, shall be served on the defendant through the bailiff or
process server of the Gas Utility Court, by registered post acknowledgement
due, by courier and by publication in one English language and one Urdu
language daily newspaper, and service of summons duly effected in any one of
the aforesaid modes shall be deemed to be valid service for purposes of this
Act. In the case of service of the summons through the bailiff or process
server, a copy of the plaint shall be attached therewith and in all other cases
the defendant shall be entitled to obtain a copy of the plaint from the office
of the Gas Utility Court without making a written application but against due
acknowledgement. The
7. Leave to defend.—(1) In any case in which the
summons has been served on the defendant, the defendant shall not be entitled
to defend the suit unless he obtains leave from the Gas Utility Court as
hereinafter provided to defend the same and in default of his doing so, the
allegations of fact in the plaint shall be deemed to be admitted and the Gas
Utility Court may pass a decree in favour of the plaintiff on the basis thereof
or such other material as the Gas Utility Court may require in the interests of
justice.
(2) The defendant shall file the application for leave
to defend within twenty-one days of the date of first service, provided that
where service has been validly effected only through publication in the
newspapers, the
(3) The application for leave to defend shall be in
the form of a written statement, and shall contain a summary of the substantial
questions of law as well as fact in respect of which, in the opinion of the
defendant, evidence needs to be recorded.
(4) The application for leave to defend shall also
specifically state the following, where applicable,---
(a) the amount of gas supplied by the Gas Utility
Company and consumed by the defendant, the amount paid by the defendant to the
Gas Utility Company for such consumption and the dates of payments up to the
date of institution of the suit;
(b) the amount of outstanding dues and other
amounts relating to the supply and consumption of gas by the defendant to the
Gas Utility Company up to the date of institution of the suit;
(c) the amount, if any, which the defendant
disputes as payable to the Gas Utility Company and fact in support thereof:---
(d) a statement specifically admitting or denying
the documents relied upon in the plaint.
(5) The application for leave to defend shall be
accompanied by all the documents which in the opinion of the defendant, support
the substantial questions of law or fact raised by him.
(6) An application for leave to defend which does not
comply with the requirements of sub-sections (3), (4) and, where applicable,
sub-section (5) shall be rejected, unless the defendant discloses therein
sufficient cause for his inability to comply with any such requirement.
(7) The plaintiff shall be given an opportunity of
filing a reply to the application for leave to defend in the form of a
replication and such replication shall also specifically accept or deny any
documents relied upon in the application for leave to defend.
(8) The Gas Utility Court shall grant the defendant
leave to defend the suit if, on consideration of the contents of the plaint,
the application for leave to defend and the reply thereto, it is of the view
that substantial questions of law or fact have been raised in respect of which
evidence needs to be recorded.
(9) In granting leave under sub-section (8), the
(10) Where the application for leave to defend is
accepted, the Gas Utility Court shall treat the application as a written
statement, and in its order granting leave shall frame issues relating to the
substantial questions of law or fact and subject to fulfillment of any
conditions attached to grant of leave fix a date for recording of evidence
thereon and disposal of the suit.
(11) Where leave to defend is granted and evidence is
to be recorded, the parties may file affidavits in respect of the
examination-in-chief of any witness and where such affidavits are filed, the
Gas Utility Court shall give notice thereof to the other contesting parties and
on the date fixed for recording evidence shall, subject to such modification as
may be required for purposes of production and exhibiting of documents or
otherwise in accordance with law, treat the affidavit as examination-in-chief
and allow the contesting parties an opportunity for cross examination on the
basis thereof.
(12) Where the application for leave to defend is
rejected or where a defendant fails to fulfill the conditions attached to the
grant of leave to defend, the
8. Power to set aside decree. In any case in
which a decree is passed against a defendant under sub-section (1) of section
7, he may, within thirty days of the date of the decree, or where the summons
was not duly served when he has knowledge of the decree, apply to the Gas
Utility Court for an order to set it aside, and if he satisfies the Gas Utility
Court that he was prevented by sufficient cause from making an application
under section 7, or that the summons was not duly served, the Gas Utility Court
shall make an order setting aside the decree against him upon such terms as to
costs, deposit in cash or furnishing of security or otherwise as it thinks fit
and allow him to make the application within ten days of the order.
9. Disposal of suit.—(1) A suit in which leave to
defend has been granted to the defendant shall be disposed of within ninety
days from the day on which leave was granted, and in case proceedings continue
beyond the said period the defendant may be required to furnish security in
such amount as the Gas Utility Court deems fit, and on the failure of the
defendant to furnish such security, the Gas Utility Court shall pass a final
decree in such amount as it may deem appropriate.
(2) The requirement of furnishing security under
sub-section (1) shall be dispensed with if, in the opinion of the
(3) Suits before a Gas Utility Court shall come up for
regular hearing as expeditiously as possible and except in extraordinary
circumstances and for reasons to be recorded, a Gas Utility Court shall not
allow adjournments of more than seven days.
(4) Where the
10. Execution of decree and sale with or without
intervention of Gas Utility Court.—(1) Upon pronouncement of judgment and
decree by a Gas Utility Court, the suit shall automatically stand converted
into execution proceedings without the need to file a separate application and
no fresh notice need be issued to the judgment debtor in this regard.
Particulars of the assets of the judgment debtor shall be filed by the
decree-holder for consideration of the Gas Utility Court and the case shall be
heard by the Gas Utility Court for execution of its decree on the expiry of
thirty days from the date of pronouncement of judgment and decree, provided
that if the record of the suit is summoned at any stage by the High Court for
purposes of hearing an appeal under section 13 or otherwise, copies of the
decree and other property documents shall be retained by the Gas Utility Court
for purposes of continuing the execution proceedings.
(2) The decree of the Gas Utility Court shall be
executed in accordance with the provisions of the Code of Civil Procedure, 1908
(Act V of 1908) or any other law for the time being in force or in such manner
as the Gas Utility Court may at the request of the decree-holder consider
appropriate, including recovery as arrears of land revenue.
(3) The
(4) Notwithstanding anything contained in the Code of
Civil Procedure, 1908 (Act V of 1908) or any other law for the time being in
force, the Gas Utility Court shall follow the summary procedure for purposes of
investigation of claims and objections in respect of attachment or sale of any
property and shall complete such process within thirty days of filing of the
claims or objections.
11. Additional fines in lieu of gas consumed.—Where an
accused has been convicted of an offence under this Act and the Gas Utility
Court is satisfied that as a result of the commission of the offence gas has
been stolen or pilfered from a Gas Utility Company, the Gas Utility Court may
order the offender to pay, in addition to the fines under this Act, further
additional amounts on account of the value of gas stolen or pilfered as deemed
commensurate with the amount of the monetary benefits accrued to the offender.
12. Application of fines and costs.— (1) A Gas
Utility Court may direct that the whole or part of any fine, security or costs
imposed under this Act shall be applied in or towards,---
(a) payment of costs of all or any proceedings
under this Act; and
(b) payment of compensation to an aggrieved
party.
(2) An order under sub-section (1) shall be deemed to
be a decree passed under this Act for purposes of execution.
13. Appeal.—(1) Any person aggrieved by any judgment,
decree, sentence or final order passed by a Gas Utility Court may, within
thirty days of such judgment, decree, sentence or final order, prefer an appeal
to the High Court.
(2) The appellant shall give notice of the filing of
the appeal by means of registered post with acknowledgement due or by courier
in accordance with the provisions of Order XLIII, rule 3 of the Code of Civil
Procedure, 1908 (Act V of 1908) to the respondent who may appear before the High
Court to contest admission of the appeal on the date fixed for hearing.
(3) The High Court shall at the stage of admission of
the appeal, or at any time thereafter either suo motu or on the
application of the decree-holder, decide by means of a reasoned order whether
the appeal is to be admitted in part or in whole depending on the facts and
circumstances of the case, and as to the security to be furnished by the
appellant:
Provided that the admission of the appeal shall not per
se operate as a stay, and nor shall any stay be granted therein unless the
decree-holder has been given an opportunity of being heard and unless the
appellant, whether appellant is Gas Utility Company or gas consumer, deposits
in cash with the High Court an amount equivalent to the decretal amount
inclusive of costs and in the event of a stay being granted for a part of the
decretal amount only, the requirement for a deposit in cash or furnishing of
security shall stand reduced accordingly.
(4) In case an appeal under sub-section (1) is
admitted, it shall be decided within ninety days from the date of admission.
(5) An appeal may be preferred under this section from
a decree passed ex parte.
(6) No appeal, review or revision shall lie against an
order accepting or rejecting an application for leave to defend, or any
interlocutory order of the
(7) Any order for stay of execution of a decree shall
automatically lapse on the expiry of six months from the date of the order
whereupon the amount deposited in Court shall be paid over to the decree-holder
or the decree-holder may enforce the security furnished by the judgment-debtor.
14. Tampering with gas pipelines, etc.—(1) Any
person who willfully does tampering or attempts to do tampering or abets in
tampering with a facility, installation or main pipeline for transmission or
transportation, as the case may be, of gas, is said to commit tampering with
gas pipelines.
(2) Any person who commits or abets in tampering with
gas pipelines for the purpose of,---
(a) theft of gas; or
(b) disrupting supply of gas,
shall he punished with rigorous imprisonment which may
extend to fourteen years hut shall not be less than seven years and with fine
which may extend to ten million rupees.
15. Tampering with auxiliary or distribution pipelines
of gas.—(1) Any person who willfully does tampering or attempts to do tampering
or abets in tampering with any auxiliary or distribution pipeline of gas not
being a main transmission and transportation pipeline but includes a
distribution system, distribution pipeline or any other related system and
equipment, as the case may be, of gas is said to commit tampering with
auxiliary or distribution pipelines of gas.
(2) Any person who commits or abets in tampering with
auxiliary or distribution pipelines of gas for the purpose of,---
(a) theft of gas; or
(b) disrupting supply of gas, shall be punished
with rigorous imprisonment which may extend to ten years but shall not be less
than five years and with fine which may extend to three million rupees.
16. Tampering with gas meter by domestic consumer,
etc.—Any person being the domestic consumer who does tampering or abets in
tampering with any gas meter, regulator, meter index or gas connection or any
other related system and equipment, whether to commit theft of gas or for the
purpose of unauthorized distribution or supply of gas shall be punished with
imprisonment for a term which may extend to six months, or with fine which may
extend to one hundred thousand rupees, or with both.
17. Tampering with gas meter by industrial or
commercial consumer, etc.—Any person, being industrial or commercial consumer,
who does tampering or abets in tampering with any gas meter, regulator, meter
index or gas connection or any other related system and equipment, whether to
commit theft of gas or for the purpose of unauthorized distribution or supply
of gas shall be punished with imprisonment which may extend to ten years but
shall not be less than five years, or with fine which may extend to five
million rupees, or with both.
18. Damaging or destroying the transmission or
transportation lines, etc.—Any person who damages or destroys any
transmission or transportation lines by an act of subversion by explosive
material or in any other manner so as to disrupt the supply of gas shall be
punished with rigorous imprisonment which may extend to fourteen years but
shall not be less than seven years and with fine which shall not be less than
one million rupees.
19. Penalty for maliciously wasting gas or injuring
works.—Whoever maliciously causes gas to be diverted or, with intent to cut off
the supply of gas, cuts or injures or attempts to cut or injure any pipeline or
works shall be punishable with imprisonment for a term which may extend to
seven years or with a fine which may extend to five million rupees, or with
both.
20. Penalties not to affect other liabilities.—The penalties
imposed under sections 14 to 19 shall be in addition to, and not in derogation
of, any liability in respect of the payment of compensation which the offender
may have incurred and no time bar shall apply in respect to either granting
compensation or ordering recovery of arrears of dues of any kind or in respect
to initiating proceedings in this regard.
21. Penalty for offence not otherwise provided
for and offences by bodies corporate.—(1) Whoever, in any case not
provided for by sections 14 to 19, commits an offence or makes default in
complying with any of the provisions of this Act shall be punishable with fine
which may extend to five million rupees and, in the case of a continuing
default, with a daily fine which may extend to one hundred thousand rupees.
(2) Where an offence under this Act has been committed
by a company, firm, society or other body of persons, any person who, at the
time of the commission of the offence, was a director, manager, secretary or
other similar officer or a partner in the company, firm, society or other body
of persons or was purporting to act in any such capacity, shall be guilty of
that offence and shall be liable to be proceeded against and punished accordingly
unless he proves that,---
(a) the offence was committed without his consent
or connivance; or
(b) he has exercised all such due diligence to
prevent the commission of the offence as he ought to have exercised, having
regard to the nature of his functions in that capacity and to all the
circumstances.
22. Suspension of supply of gas.—The supply
of gas to any person found guilty and convicted by a Gas Utility Court of any
offence mentioned in sections 14 to 19 shall remain suspended by the Gas
Utility Company for a period of one year:---
Provided that the
23. Power to search in case of theft and
suspected theft.—Notwithstanding anything contained in any other law for the
time being in force, any officer or employee of a Gas Utility Company not below
BPS 17 or equivalent authorized, in this behalf by the Gas Utility Company, may
search any premises where gas is supplied or consumed in a manner that is or
may constitute an offence under this Act.
24. Arrest for offence against certain sections.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) all
offences under this Act if committed by any person other than a domestic
consumer shall be cognizable and non-bailable.
25. Reward.—(1) A Gas Utility Company shall, on
receipt of information provided to it in writing by an informer, conduct an
inquiry thereon within a period of fifteen days.
(2) A Gas Utility Company shall on recovery of any
outstanding amount or sums due as a result of information provided to it in
writing by an informer, pay a reward to such informer as provided in
sub-section (3):---
Provided that the informer shall not be entitled to
receive any reward if such information does not result in any recovery by a Gas
Utility Company:---
Provided further that the reward shall not be
applicable to any fine, security or costs imposed under section 12.
(3) The amount of reward to a person who gives
information to a Gas Utility Company under sub-section (1) shall be five
percent of any recovered amount.
26. Recovery of sums recoverable under certain
provisions of this Act.—Every sum declared to be recoverable under
this Act may be recovered in accordance with the prevailing policy of the Gas
Utility Company, on application to a Gas Utility Court, having jurisdiction
where the person liable to pay the same is for the time being resident, by the
distress and sale of any moveable or immovable property belonging to such
person.
27. Charges for supply of gas recoverable as arrears
of land revenue.—(1) Notwithstanding anything contained in this Act or in
any other law for the time being in force or in any instrument or agreement,
the charges for supply of gas or any other sum outstanding against a consumer
or any other person under this Act shall be recoverable as an arrears of land
revenue.
(2) A Gas Utility Company or any person duly
authorised by the Gas Utility Company may apply, with a certificate showing the
amount outstanding against a consumer, to the District Collector of the
district concerned for the recovery of the said amount and the District
Collector shall thereupon proceed to recover the same from such consumer or his
sureties or from all of them as an arrears of land revenue and, for the
purposes of recovery under this section, the officer authorized to effect such
recovery shall be vested with magisterial powers under the Code of Criminal
Procedure, 1898 (Act V of 1898).
28. Power to request assistance.—A Gas Utility
Company shall have the power to seek information from or the assistance of any
Ministry, Division or agency of the Federal Government, any department or
agency of a Provincial Government, local authority, financial institution,
political agent, law enforcement agency, including the police and the Federal
Investigating Agency, paramilitary forces, levies, land revenue officials,
including patwaris or mukhtarkar, and the Securities and Exchange Commission of
Pakistan and it shall be the duty of such Ministry, Division, department,
agency, local authority, financial institution, law enforcement agency and
Security and Exchange Commission of Pakistan to furnish such information or
render such assistance, including but not limited to, removal of encroachments,
as may reasonably be required.
29. Bar of jurisdiction.—(1) Notwithstanding any other
law for the time being in force, no Gas Utility Court shall make an order
prohibiting the Gas Utility Company from disconnecting the supply of gas to a
premises or requiring it to restore supply of gas to such premises if the
consumer is in default and any such order made before the commencement of this
Act shall cease to have effect:---
Provided that nothing contained herein shall apply to
a case in which the plaintiff, applicant or appellant, within a period of
thirty days of the aforesaid date or at the time of filing the suit,
application or appeal, as the case may be, deposits with the Gas Utility Court
the amount assessed against him by the Gas Utility Company and all further
charges of the Gas Utility Company as and when they become due and in the event
of his failing to do so, any order prohibiting the Gas Utility Company from
discontinuing the supply of gas to the premises or requiring it to restore the
supply of gas to the premises, if already made, shall cease to have effect.
(2) Where an amount has been deposited under
sub-section (1), the Gas Utility Court shall direct it to be deposited in a
scheduled bank in the name of the Gas Utility Company on an undertaking being
furnished by the Gas Utility Company to the effect that in case the suit or
appeal is decided against it, it shall repay the said amount to the plaintiff
or appellant, as the case may be, with such reasonable return as the Gas
Utility Court may determine.
30. Power to make rules.—The Federal Government may,
by notification in the official Gazette, make rules for carrying out the
purposes of this Act.
31. Act to override other laws.—The provisions of this
Act shall have effect notwithstanding anything to the contrary contained in any
other law for the time being in force.
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