Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 05:52:32 PM
[1][1])The
(Punjab Act XVII of 1949)
[5 August 1949]
An Act to provide for the continuance of
powers to control the supply, consumption, distribution and use of, and the
rates for the supply of electrical energy
WHEREAS it is expedient to provide for the
continuance of powers to control the supply, consumption, distribution and use
of, and the rates for the supply of electrical energy in the [2][2][* * *] [3][3][* * *]
AND
WHEREAS the Governor of West Punjab has, in pursuance of a proclamation[4][4] issued by the Governor-General of Pakistan
under section 92-A of the Government of India Act, 1935, assumed, on behalf of
the Governor-General all powers vested in or exercisable by the Provincial
Legislature under the said Act;
Now,
THEREFORE, the Governor is hereby pleased to enact as follows:
1. Short
title, extent and commencement.— (1) This Act may be called the [5][5][
(2) It extends to the whole of [6][6][* * *] [7][7][the
(3) It shall come into force immediately on
the expiry[8][8] of the Punjab Electricity (Emergency Powers)
Act, 1947[9][9].
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(a) “consumer”, “energy” and “licensee” have the meanings assigned to
them in section 2 of the [10][10][* * *] Electricity Act, 1910[11][11] (hereinafter referred to as the Electricity Act);
and
(b) “supplier”
means a licensee, or any other person engaged in the business of supplying
energy with the sanction of the Provincial Government, under section 28 of the
Electricity Act.
3. Power to prohibit or restrict supply
and consumption of energy.—
(1) The Provincial Government may by an order in writing, addressed to any
supplier, direct such supplier not to supply energy to any consumer or class of
consumers, or to reduce the supply of energy to any consumer or class of
consumers, to such extent, and in such manner, and by such means as may be
specified in the order.
(2) No consumer in respect of whom an order
has been made under sub-section (1), shall consume energy, except in accordance
with the terms thereof.
4. Power to discontinue supply in certain
circumstances.— (1) The
Provincial Government may, if in its opinion it is necessary or expedient for
maintaining the supply or securing the equitable distribution of energy, by
order in writing:
(i) authorise, or
(ii) require
a supplier to, and the supplier when so required
shall, discontinue or reduce the supply of energy to any consumer other than
distributing licensee who without the permission of the Provincial Government,
(a) contravenes any direction issued under
section 3, or
(b) exceeds—
(i) at any time the maximum demand in K.W. of
energy; or
(ii) in any month the maximum consumption of energy
in K.W. hours, recorded in respect of him during the twelve months ending the
31st January, 1943; or
(c) connects
or has connected load beyond that notified in writing to the supplier upto the
31st January, 1943.
(2) The supplier shall—
(i) before discontinuing or reducing the supply of
energy under sub-section (1), give the consumer not less than 48 hours notice
in writing of his intention so to do;
(ii) on discontinuing the supply, communicate to
the Provincial Government within twenty-four hours from the date of
discontinuance, the circumstances in which he has done so;
(iii) on being so directed by the Provincial
Government, recommence the supply with all possible speed.
5. Powers to refuse supply of energy in
pursuance of requisition and contracts and to restrict reconnection of supply.— (1) The Provincial government may, if in its
opinion it is necessary or expedient for maintaining the supply or securing the
equitable distribution of energy, by order, direct the supplier—
(a) not
to comply, except with the permission of the Provincial Government or an
officer authorised by it in this behalf, with—
(i) the provisions of any contract, agreement or
requisition (whether made before or after the commencement of this Act), for
the supply (other than the resumption of a supply), or an increase in the
supply, of energy to any person;
(ii) any requisition, for the resumption of a
supply to a consumer after a period of six months from the date of its
discontinuance;
(iii) any requisition, for the resumption of a
supply made within six months of its discontinuance where the requisitioning
consumer was not himself the consumer of the supply at the time of its
discontinuance;
(b) not
to comply with any requisition for municipal purposes involving (otherwise than
by way of replacement) any new works or additions to or alterations of works
already installed.
(2) An application for permission as
required under sub-section (1), shall be made by a license to the Provincial
Government or to such officer as the Provincial Government may authorise in
this behalf in such form as the Provincial Government may prescribe.
(3) The
authority to whom an application is made under sub-section (2) may either
reject the application, or grant the permission sought, either absolutely, or
subject to such conditions as it may think fit to impose.
6. Power to fix the rate for supply of
energy.— The Provincial
Government may authorise or require any supplier to increase the rates[12][12] for the supply of energy to such extent as
may be prescribed by the Provincial Government in this behalf, or to impose
such minima charges as may be fixed by the Provincial Government.
7. Powers of the Provincial Government
when engaged in the business of supplying energy.— For the avoidance of doubts, it is hereby
declared, that the Provincial Government, when engaged in the business of
supplying energy, may in respect of such business, take any such action or
exercise any such power as may under the provision of this Act be taken or
exercised, as the case may be, by a supplier on being required or authorised to
do so by the Provincial Government.
8. Restriction on the use of energy for
the purpose of advertisement.—
No person supplied with energy by a supplier or the Provincial Government shall
use or permit such energy to be used—
(a) for
the purpose of any illuminated advertisement, or trade sign or for any
decorative exterior lighting displayed on any premises used for the purposes of
any trade or business; or
(b) for
the display of any goods or other exhibits in the windows of any shop or
commercial establishment:
Provided
that nothing in this section shall be construed to prohibit the use of energy
for the purpose of any illuminated advertisement or trade sign of a chemist or
dispenser.
9. Supplier to report certain
contraventions.— The
supplier shall report to the Provincial Government within twenty-four hours of
its coming to his knowledge every contravention of any direction given under
section 3, or of clause (b) or (c) of sub-section (1) of section 4.
10. Form of Orders.— An order made under this Act may be made so
as to apply either to persons or undertakings generally, or to any particular
person or undertaking or class of persons or undertakings, and either to the
whole or to any part of any undertaking, and so as to have effect either
generally or in any particular area.
11. Power to make orders relating to
incidental or supplementary matters.— The Provincial government may by order provide—
(a) for
collection of any information or statistics with a view to regulating any of
the matters mentioned in this Act; and
(b) for
any incidental or supplementary matters including, in particular, the entering
and inspection of premises to which the order relates, with a view to securing
compliance with any order, the grant or issue of licences, permits,
certificates and other documents and the charging of fees therefor.
12. Power to delegate powers and functions of
the Provincial Government.—
The Provincial Government may by notification authorise any officer to exercise
all or such of its powers or functions under this Act, as may be specified in
the notification.
13. Continuance
in force of existing orders.— Every order made by the [13][13]Central or Provincial Government under sub-rule
(2) of rule 81 of the Defence of India Rules[14][14] or under the Emergency Provisions (Continuance)
Ordinance, 1946[15][15] or under the Punjab Electricity (Emergency Powers) Act,
1947[16][16], in respect of any of the matters specified in
this Act, and in force immediately before the commencement of this Act, shall
so far as it could validly be made by the Provincial Government under any of
the provisions of this Act continue in force and be deemed to have been made
under the said provisions; and every person authorised, permitted, directed or required to
do anything under or in pursuance of any such order shall so far as he could
validly be so authorised, permitted, directed or required as the case may be,
by the Provincial Government under any of the said provisions be deemed to have
been validly so authorised, permitted, directed or required, as the case may
be, under those provisions.
14. Penalties.— Any person who—
(a) contravenes—
(i) any
order made or deemed to have been made under section 3, 4, 5, 6 or 11; or
(ii) any
of the provisions of this Act; or
(b) is
deemed to have been required or directed under section 3, 4, 5, 6 or 11 to do
or refrain from doing anything fails to comply with such requirement or
direction;
shall, on conviction, be punishable with
imprisonment for a term which may extend to six months, or with fine or with
both.
15. Offences by Corporations.— If the person referred to in section 14 is a
company or other body corporate, the managing director, manager, secretary or
other principal officer managing its business shall be deemed to be guilty or
such contravention.
16. Cognizance of offences.— No court shall take cognizance of any
offence punishable under this Act, except on a report in writing of the facts
constituting such offence made by such public servant as may be authorised by
the Provincial Government in this behalf.
17. Protection of action taken under the
Act.— (1) No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is done or is intended to be done in pursuance of any order, direction or
requirement made or deemed to have been made under any provision of this Act.
(2) No suit, or other legal proceeding shall
lie against [17][17][Provincial government] for any damage caused
or likely to be caused by anything which is done, or is intended to be done in
pursuance of any order made or deemed to have been made under any provision of
this Act.
18. Savings as to orders.— No order made or deemed to be made in
exercise of any powers conferred by or under any of the provisions of this Act
shall be called in question in any Court.
19. Service of orders or directions.— Every order or direction made or issued
under this Act shall, as far as may be, be served in the manner prescribed in
section 53 of the [18][18][* * *] Electricity Act, 1910[19][19].
20. Effect
of orders, etc., repugnant to the Electricity Act.— The provisions of this
Act, and any order made and any other action taken under such provisions shall
have effect notwithstanding anything inconsistent therewith contained in the [20][20][* * *] Electricity Act, 1910[21][21], or in any instrument having
effect by virtue of the said Act.
[1][1]This Act was reserved by the
Governor of the Pb on 29th April, 1949 for the consideration of the
Governor-General who assented to it on 8th July, 1949; and, published in the Punjab Gazette (Extraordinary), dated
5th August, 1949, pages 157-160.
[2][2]The
words “Province of” omitted by West Pakistan Adaptation Order, 1964, section
2(1), Part II.
[3][3]The word “West” omitted by
the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), section 2.
[4][4]It was issued on 24th
January, 1949 and stood revoked on 5th April, 1951.
[5][5]Substituted, for the words “
[6][6]The
words “Province of” omitted by West Pakistan Adaptation Order, 1964, section
2(1), Part II.
[7][7]Substituted, for the words “
[8][8]This Act expired on 14th
August, 1949.
[9][9]Act V of 1947.
[10][10]The word “Indian” omitted by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule. I, Part III.
[11][11]IX of 1910.
[12][12]See
the Punjab Electricity Supply (Street Lighting and Special Consumers Rates)
Order, 1949, Punjab Government Notification No. 5139, E. & T-49/68594,
dated: 28th November, 1949, published in the
[13][13]Now ‘Federal’, see Federal Adaptation of Laws Order,
1975 (P.O. 4 of 1975).
[14][14]Published in the Gazette of
India (Extraordinary), dated: 3rd September, 1939, vide D.C. Department notification No.221/1-OR of the same date.
[15][15]This Ordinance, (XX of 1946),
came into force on 1st October, 1946 and substituted a new rule for rule 81 of
the Defence of India rules, see Gazette
of
[16][16]V of 1947, this Act expired on 14th August, 1949.
[17][17]Substituted, for the words
“the Crown”, by West Pakistan Adaptation Order, 1964, section 2(1), Schedule,
Part II.
[18][18]The word “Indian”, omitted by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule. I, Part III.
[19][19]IX of 1910.
[20][20]The word “Indian”, omitted by
the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955),
section 2, Schedule. I, Part III.
[21][21]IX of 1910.
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