{ "schema_version": "qanun-law-text/1", "id": "punjab-code-5452e2b51d4c6f93", "title": "ELECTRICITY ACT, 1910", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzUBNQA.BTw-", "version": null, "source_snapshot": "2026-08-06T16:32:42Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "367795c47bc185f1c2031bdbad6f49751b6236d0e92356d5627a283050b22901", "source_sha256": "367795c47bc185f1c2031bdbad6f49751b6236d0e92356d5627a283050b22901", "text_version_id": "law:punjab-code-5452e2b51d4c6f93:sha256:367795c47bc185f1c2031bdbad6f49751b6236d0e92356d5627a283050b22901", "quality_flags": [], "encoding": "UTF-8", "text": "THE ELECTRICITY ACT, 1910 \r\n(IX of 1910) \r\nCONTENTS \r\n \r\nPART I \r\nPRELIMINARY \r\n1. **** \r\n2. **** \r\n \r\nPART II \r\nSUPPLY OF ENERGY LICENSES \r\n3. **** \r\n4. **** \r\n5. **** \r\n6. **** \r\n7. **** \r\n8. **** \r\n9. **** \r\n10. **** \r\n11. **** \r\n12. **** \r\n13. **** \r\n14. **** \r\n15. **** \r\n16. **** \r\n17. **** \r\n18. **** \r\n19. **** \r\n19-A. **** \r\n20. **** \r\n21. **** \r\n22. **** \r\n23. **** \r\n24. **** \r\n25. **** \r\n26. **** \r\n26-A. **** \r\n27. **** \r\nPART III \r\nSUPPLY, TRANSMISSION AND USE OF ENERGY BY NON-LICENSEES \r\n28. **** \r\n29. **** \r\n29-A. **** \r\n30. **** \r\n \r\nPART IV \r\nGENERAL PROTECTIVE CLAUSES \r\n31. **** \r\n32. **** \r\n33. **** \r\n34. **** \r\n35. **** \r\n36. **** \r\n36-A. **** \r\n37. **** \r\n38. **** \r\n39. **** \r\n39-A. **** \r\n40. **** \r\n41. **** \r\n42. **** \r\n43. **** \r\n44. **** \r\n45. **** \r\n46. **** \r\n47. **** \r\n48. **** \r\n49. **** \r\n50. **** \r\n51. **** \r\n52. **** \r\n53. **** \r\n54. **** \r\n54-A. **** \r\n54-B. **** \r\n54-C. **** \r\n55. **** \r\n56. **** \r\n57. **** \r\n58. **** \r\nSCHEDULE \r\n1. The Schedule \r\n2. Compulsory Works And Supply \r\n3. Charges \r\n4. Testing And Inspection \r\n5. Plans \r\n6. Additional Notice Of Certain Works \r\n \r\nTEXT \r\nTHE ELECTRICITY ACT, 1910 \r\n(IX of 1910) \r\n[18th March, 1910] \r\nAn \r\nAct \r\nto amend the law relating to the supply and use of electrical energy. \r\n WHEREAS it is expedient to amend the law relating to the supply and use of \r\nelectrical energy; \r\n It is hereby enacted as follows:– \r\nPART I \r\nPRELIMINARY \r\n1. (1) This Act may be called the Electricity Act, 1910. \r\n(2) It extends to the whole of Pakistan \r\n(3) It shall come into force on such date as the Federal Government may, \r\nby notification in the official Gazette, direct in this behalf. \r\n2. In this Act, expressions defined in the Telegraph Act, 1885, have the \r\nmeanings assigned to them in that Act, and, unless there is anything repugnant in \r\nthe subject or context,– \r\n(a) ―aerial line‖ means any electric supply -line which is placed above \r\nground and in the open air; \r\n(b) ―area of supply‖ means the area within which alone a licensee is for the \r\ntime being authorized by his license to supply energy; \r\n(c) ―consumer‖ means any person who is supplied with energy by a \r\nlicensee, or \r\n1\r\nwho is the owner or occupier of the premises which are for \r\nthe time being connected for the purposes of a supply of energy with \r\nthe works of a licensee; \r\n(d) ―daily fine‖ means a fine for each day on which and offence is \r\ncontinued after conviction therefore; \r\n(e) ―distributing main‖ means the portion of any main with which a service \r\nline is, or is intended to be, immediately connected; \r\n(f) ‖electric supply-line‖ means a wire, conductor or other means used for \r\nconveying, transmitting or distributing energy together with any casing, \r\ncoating, covering, tube, pipe or insulator enclosing, surrounding or \r\nsupporting the same or any part thereof, or any apparatus connected \r\ntherewith for the purpose of so conveying, transmitting or distributing \r\nsuch energy: \r\n \r\n1Subs. by the Electricity (Amendment) Ordinance, LXII of 1979 \r\n(g) ―energy‖ means electrical energy when generated, transmitted, \r\nsupplied or used for any purpose except the transmission of a \r\nmessage: \r\n(h) ―licensee‖ means any person licensed under Part ll to supply energy: \r\n(i) ―main‖ means any electric supply -line through which energy is, or is \r\nintended to be, supplied by a licensee to the public: \r\n(j) ―prescribed‖ means prescribed by rules made under this Act: \r\n(k) ―public lamp‖ means an electric-lamp used for the lighting of any street. \r\n(l) ―service line‖ means any electric supply -line through which energy is, \r\nor is intended to be, supplied by a licensee– \r\n(i) to a single consumer either from a distributing main or \r\nimmediately from the licensee‘s premises, or \r\n(ii) from a distributing main to a group of consumers on the same \r\npremises or an adjoining premises supplied from the same point \r\nor the distributing main. \r\n(m) ―street‖ includes any way, road, lane, square, court, alley, passage or \r\nopen space, whether a thoroughfare or not, over which the public have \r\na right of way, and also the road way and footway over any public \r\nbridge or causeway: and \r\n(n) ―works‖ includes electric supply -lines and any buildings, machinery, or \r\napparatus required to supply energy and to carry into effect the objects \r\nof a license granted under Part ll. \r\nPART II \r\nSUPPLY OF ENERGY LICENSES \r\n3. (1) The Provincial Government may, on application made in the prescribed \r\nform and on payment of the prescribed fee (if any), grant to an y person a license to \r\nsupply energy in any specified area, and also to lay down or place electric supply -\r\nlines for the conveyance and transmission of energy,– \r\n(a) where the energy to be supplied is to be generated outside such area \r\nfrom a generating station situated outside such area to the boundary of \r\nsuch area; or \r\n(b) where energy to be conveyed or transmitted from any place in such \r\narea to any other place therein, across an intervening area not included \r\ntherein, across such area \r\n(2) In respect of every s uch license and the grant thereof the following \r\nprovisions shall have effect, namely:– \r\n(a) any person applying for a license under this Part shall publish a notice \r\nof his application in the prescribed manner and with the prescribed \r\nparticulars, and the license shall not be granted until:– \r\n (i) until all objections received by the Provincial Government with \r\n reference thereto have been considered by it. \r\nProvided that no objection shall be so considered unless it is \r\nreceived before the expiration of three m onths from the date of the \r\nfirst publication of such notice as aforesaid; and \r\n(ii) until, in the case of an application for a license for an area \r\nincluding the whole or any part of any cantonment, fortress, \r\narsenal, dockyard or camp or of any building or p lace in the \r\noccupation of the Government for naval or military purposes, the \r\nProvincial Government has ascertained that there is no \r\nobjection to the grant of the license on the part of the Engineer \r\nin Chief, General Head Quarters, Pakistan; \r\n(b) where an ob jection is received from any local authority concerned, the \r\nProvincial Government shall, if in its opinion the objection is insufficient, \r\nrecord in writing, and communicate to such local authority its reason for \r\nsuch opinion; \r\n(c) no application for a licen se under this Part shall be made by any local \r\nauthority except in pursuance of a resolution passed at a meeting of \r\nsuch authority held after one month‘s previous notice of the same and \r\nof the purpose thereof has been given in the manner in which notices \r\nof meetings of such local authority are usually given; \r\n(d) a license under this Part: \r\n(i) may prescribe such terms as to the limits within which, and the \r\nconditions under which, the supply or energy is to be \r\ncompulsory or permissive, and as to the limits o f price to be \r\ncharged in respect of the supply of energy, and generally as to \r\nsuch matters as the Provincial Government may think fit; and \r\n(ii) save in cases in which under section 10, clause (b), the \r\nprovisions o f sections 5 and 7, or either of them, have been \r\ndeclared not to apply, every such license shall declare whether \r\nany generating station to be used in connection with the \r\nundertaking shall or shall not form part of the undertaking for the \r\npurpose of purchase under section 5 or section 7; \r\n(e) the grant of a license under this Part for any purpose shall not in any \r\nway hinder or restrict the grant of a license to another person within the \r\nsame area of supply for a like purpose; \r\n(f) the provisions , contained in the Schedule shall be deemed to be \r\nincorporated with, and to form part of, every license granted under this \r\nPart, save in so far as they are expressly added to, varied or excepted \r\nby the license, and shall, subject to any such additions, variations or \r\nexceptions which the Provincial Government is h ereby empowered to \r\nmake, apply to the undertaking authorized by the license: \r\nProvided that, where a license is granted in accordance with the provisions of \r\nclause IX of the Schedule for the supply of energy to other licensees for distribution \r\nby them, then , in so far as such license relates to such supply, the provisions of \r\nclauses IV, V, VI, VII, VIII and XII of the Schedule shall not be deemed to be \r\nincorporated with the license. \r\n4. (1) The Provincial Government may, if in its opinion the public interest so \r\nrequires, revoke a license in any of the following cases, namely:– \r\n(a) where the licensee, in the opinion of the Provincial Government, makes \r\nwillful and unreasonably prolonged default in doing anything required of \r\nhim by or under this Act; \r\n(b) where the licensee breaks any of the terms or conditions of his license \r\nthe breach of which is expressly declared by such license to render it \r\nliable to revocation; \r\n(c) where the licensee fails, within the period fixed in this behalf by his \r\nlicense or any longer p eriod with the Provincial Government} may \r\nsubstitute therefor b y order under sub -section (3), clause (b), and \r\nbefore exercising any of the powers conferred on him thereby in \r\nrelation to the execution of works,– \r\n(i) to show, to the satisfaction of the Provincial Government, that he \r\nis in a position fully and efficiently to discharge the duties and \r\nobligations imposed on him by his license, or \r\n(ii) to make the deposit or furnish the security required by his \r\nlicense; \r\n(d) where the licensee is, in the opinion o f the Provincial Government, \r\nunable, by reason of his insolvency, fully and efficiently to discharge \r\nthe duties and obligations imposed on him by his license. \r\n(2) Where the Provincial Government might, under sub -section (1) revoke \r\na license, it may instead of revoking the license, impose on the licensee a penalty, \r\nnot exceeding ten thousand rupees, and permit the license to remain in force subject \r\nto such further terms and conditions as it thinks fit to impose, and any further terms \r\nand conditions so impose d shall be binding upon, and be observed by the licensee, \r\nand shall be of like force and effect as if they were contained in the license. \r\n(3) Where in its opinion the public interest so permits, the Provincial \r\nGovernment may on the application or with the consent of the licensee, and, if the \r\nlicensee is not a local author ity after consulting the local authority (if any) \r\nconcerned– \r\n(a) revoke a license as to the whole or any part of the area of supply upon \r\nsuch terms and conditions as it thinks fit, or \r\n(b) make such alterations or amendments in the terms and \r\nconditions of a license, including the provisions specified in section 3, \r\nsub-section (2), clause (f), as it thinks fit. \r\n2\r\nProvided that where the licensee, in the opinion of the Provincial \r\nGovernment, has unreasonably withheld the consent, action under clauses (a) or (b) \r\nmay be taken without his consent and in that case it shall not be necessary to afford \r\nhim an opportunity of showing cause against the proposed action. \r\n5. Where the Provincial G overnment revokes under section 4, sub -section (1), \r\nthe license of a licensee, not being a local authority, the following provisions shall \r\nhave effect, namely:– \r\n \r\n2Amended by The Electricity Act (Punjab Amendment) Ordinance, 1971 (XXIX of 1971) \r\n(a) the Provincial Government shall serve a notice of the revocation upon \r\nthe licensee, and, wh ere the whole of the area of supply is included in \r\nthe area for which a authority is constituted, upon that local authority \r\nalso, and shall in the notice fix a date on which the revocation shall \r\ntake effect; and on and with effect from that date, all the p owers and \r\nliabilities of the licensee under this Act shall absolutely cease and \r\ndetermine; \r\n(b) where a notice has been served on a local authority under clause (a), \r\nthe local authority may, within three months after the service of the \r\nnotice, and with the written consent of the Provincial Government, by \r\nnotice in writing, require the licensee to sell, and thereupon the \r\nlicensee shall sell, the undertaking to the local authority on payment of \r\nthe value of all lands, buildings, works, materials and plant of t he \r\nlicensee suitable to, and used by him for, the purposes of the \r\nundertaking, other than a generating station declared by the license not \r\nto form part of the undertaking for the purpose of purchase, such value \r\nto be, in case of difference or dispute, determined by arbitration; \r\nProvided that the value of such lands, buildings, works, materials and \r\nplant shall be deemed to be their fair market -value at the time of \r\npurchase, due regard being had to the nature and condition for the time \r\nbeing of such lands, b uildings, works, materials and plant, and to the \r\nstate of repair thereof, and the circumstance that they are in such a \r\nposition as to be ready for immediate working, and to the suitability of \r\nthe same for the purposes of the undertaking, but without any ad dition \r\nin respect of compulsory purchase or of goodwill or of any profits which \r\nmay be or might have been made from the undertaking, or of any \r\nsimilar considerations; \r\n(c) where no purchase has been effected by the local authority under \r\nclause (b), and any other person is willing to purchase the undertaking, \r\nthe Provincial Government may, if it thinks fit, with the consent of the \r\nlicensee, or without the consent of the licensee in case the price is not \r\nless than that for which the local authority might have purchased the \r\nsame, require the licensee to sell and thereupon the licensee shall sell, \r\nthe undertaking to such other person; \r\n(d) where no purchase has been effected under clause (b) or clause (c) \r\nwithin such time as the Provincial Government may consider \r\nreasonable, or where the whole of the area of supply is not included in \r\nthe area for which a single local authority is constituted, the Provincial \r\nGovernment shall have the option of purchasing the undertaking and if \r\nthe Provincial Government elects to pur chase, the licensee shall sell \r\nthe undertaking to the Provincial Government upon terms and \r\nconditions similar to those set forth in clause (b); \r\n(e) where a purchase has been effected under any of the preceding \r\nclauses,– \r\n(i) the undertaking shall vest in the purchasers free from any \r\ndebts, mortgages or similar obligations of the licensee or \r\nattaching to the undertaking; \r\nProvided that any such debts, mortgages or similar obligations \r\nshall attach to the purchase money in substitution for the \r\nundertaking; and \r\n(ii) the revocation of the license shall extend only to the revocation \r\nof the rights, powers, authorities, duties and obligations of the \r\nlicensee from whom the undertaking is purchased, and, save as \r\naforesaid, the license shall remain in full force, and the \r\npurchaser shall be deemed to be the licensee; \r\nProvided that where the Provincial Government elects to \r\npurchase under clause (d), the license shall after purchase, in \r\nso far as the Provincial Government is concerned, cease to \r\nhave any further operation; \r\n(f) where no purchase has been effected under any of the foregoing \r\nclauses, the licensee shall have the option of disposing of all lands, \r\nbuildings, works, materials and plant belonging to the undertaking in \r\nsuch manner as he may think fit; \r\nProvided that, if the licensee does not exercise such option within a \r\nperiod of six months from the date on which the same became \r\nexercisable, the Provincial Government may forthwith cause the works \r\nof the licensee in, under, over, along or across any stree t to be \r\nremoved and every such street to be reinstated, and recover the cost \r\nof such removal and reinstatement from the licensee; \r\n(g) if the licensee has been required to sell the undertaking, and if the sale \r\nhas not been completed by the date fixed in the notice issued under \r\nclause (a), the purchaser may, with the previous sanction of the \r\nProvincial Government, work the undertaking pending the completion \r\nof the sale. \r\n6. (1) Where the Provincial Government revokes the license of a local authority \r\nunder sect ion 4 sub -section (1), and any person is willing to purchase the \r\nundertaking, the Provincial Government may, if it thinks fit, require the local authority \r\nto sell, and thereupon the local authority shall sell, the undertaking to such person on \r\nsuch terms as the Provincial Government thinks just. \r\n(2) Where no purchase has been effected under sub -section (1), the \r\nlicensee shall have the option of disposing of all lands, buildings, works, materials \r\nand plant belonging to the undertaking in such manner as he may think fit; \r\nProvided that, if the licensee does not exercise such option within a period of \r\nsix months from the date on which the same became exercisable, the Provincial \r\nGovernment may forthwith cause the works of the licensee, in, under, over, along, or \r\nacross any street to be removed and every such street to be reinstated, and recover \r\nthe cost of such removal and reinstatement from the licensee. \r\n7. (1) Where the license has been granted to any person not being a local \r\nauthority, and the whole of the area of supply is included in the area for which a \r\nsingle local authority is constituted, the local authority shall, on the expiration of such \r\nperiod, not exceeding fifty years, and of every such subsequent period, not \r\nexceeding twenty years, as shall be speci fied in this behalf in the license, have the \r\noption of purchasing the undertaking, and, if the local authority with the previous \r\nsanction of the Provincial Government, elects to purchase, the licensee shall sell the \r\nundertaking to the local authority on pa yment of the value of all lands, buildings, \r\nworks, materials and plant of the licensee suitable to, and used by him for, the \r\npurposes of the undertaking, other than a generating station declared by the license \r\nnot to form part of the undertaking for the pu rpose of purchase, such value to be, in \r\ncase of difference or dispute, determined by arbitration; \r\nProvided that the value of such lands, buildings, works, materials and plant \r\nshall be deemed to be their fair market -value at the time of purchase, due regard \r\nbeing had to the nature and condition for the time being of such lands, buildings, \r\nworks, materials and plant, and to the state of repair thereof and to the circumstance \r\nthat they are in such a position as to be ready for immediate working, and to the \r\nsuitability of the same for the purposes of the undertaking. \r\nProvided also that there shall be added to such value as aforesaid \r\nsuch percentage, if any, not exceeding twenty per cent on that value as maybe \r\nspecified in the license, on account of compulsory purchase. \r\n(2) Where– \r\n(a) the local authority does not elect to purchase under sub-section (1), or \r\n(b) the whole of the area of supply is not included in the area of which a \r\nsingle local authority is constituted, or \r\n(c) a licensee supplies energy f rom the same generating station to two or \r\nmore areas of supply, each controlled by its own local authority, and \r\nhas been granted a license in respect of each area of supply, the \r\nProvincial Government shall have the like option upon the like terms \r\nand conditions. \r\n(3) Where a purchase has been effected under sub -section (1) or sub -\r\nsection (2), \r\n(a) the undertaking shall vest in the purchaser‘s free from any debts, \r\nmortgages or similar obligations of the licensee or attaching to the \r\nundertaking. \r\nProvided that a ny such debts, mortgages or similar obligations shall \r\nattach to the purchase money in substitution for the undertaking; and \r\n(b) save as aforesaid, the license shall remain in full force, and the \r\npurchaser shall be deemed to be the licensee: \r\nProvided that w here the Provincial Government elects to purchase \r\nunder sub- section (2), the license shall, after purchase, in so far as the \r\nProvincial Government is concerned, cease to have any further \r\noperation. \r\n(4) Not less than \r\n3\r\ntwo years notice in writing of any ele ction to purchase \r\nunder this section shall be served upon the licensee by the local authority or the \r\nProvincial Government, as the case may be. \r\n(5) Notwithstanding anything hereinbefore contained, a local authority \r\n \r\n3In sub-section (4) for the word ‗two year‘ substitute ‗one year‘ vide the Punjab Electricity Act, VI of 1939 \r\nmay, with the previous sanction of the Pr ovincial Government, waive its option to \r\npurchase and enter into an agreement with the licensee for the working by him of the \r\nundertaking until the expiration of the next subsequent period referred to in sub -\r\nsection (1), upon such terms and conditions as may be stated in such agreement. \r\n8. Where on the expiration of any of the periods referred to in section 7, sub -\r\nsection (1), neither a local authority nor the Provincial Government purchases the \r\nundertaking, and the license is, on the application or with the consent of the licensee, \r\nrevoked, the licensee shall have the option of disposing of all lands, buildings, works, \r\nmaterials and plant belonging to the undertaking in such manner as he may think fit: \r\nProvided that, if the licensee does not exercise such o ption within a period of \r\nsix months, the Provincial Government may proceed to take action as provided in \r\nsection 5, clause (f), proviso. \r\n9. (1) The licensee shall not, at any time without the previous consent in writing \r\nof the Provincial Government, acquir e, by purchase or otherwise, the license or the \r\nundertaking of, or associate himself so far as the business of supplying energy is \r\nconcerned with, any person supplying, or intending to supply, energy under any \r\nother license, and, before applying for such c onsent, the licensee shall not less than \r\none month‘s notice of the application to every local authority, both in the licensees \r\narea of supply, and also in the area or district in which such other person supplies, or \r\nintends to supply, energy: \r\nProvided that nothing in this sub -section shall be construed to require the \r\nconsent of the Provincial Government for the supply of energy by one license to \r\nanother in accordance with the provisions of clause IX of the Schedule. \r\n(2) The licensee shall not at any time as sign his license or transfer his \r\nundertaking, or any part thereof, by sale, mortgage, lease exchange or otherwise \r\nwithout the previous consent in writing of the Provincial Government \r\n(3) Any agreement relating to any transaction of the nature described in \r\nsub-section (1) or sub -section (2), unless made with, or subject to such consent as \r\naforesaid shall be void. \r\n10. Notwithstanding anything in sections 5, 7 and 8, the \r\n4\r\nProvincial Government \r\nmay, in any license to be granted under this Act,– \r\n(a) vary the terms and conditions upon which, and the periods of expiration \r\nor which the licensee, shall be bound to sell his undertaking, or \r\n(b) direct that, subject to such conditions and restrictions (if any) as it may \r\nthink fit to impose, the provisions of the said sections o r any of them \r\nshall not apply. \r\n11. (1) Every licensee shall, unless expressly exempted from the liability by his \r\nlicense, or by order in writing of the Provincial Government prepare and render to the \r\nProvincial Government or to such authority as the Provin cial Government may \r\nappoint in this behalf, on or before the prescribed date in each year, an annual \r\nstatement of accounts or his undertaking made up to such date, in such form and \r\ncontaining such particulars, as may be prescribed in this behalf. \r\n \r\n4 Subs, by A.O., 1937, for ―L.G.‖ \r\n(2) The licensee shall keep copies of such annual statement at his office, \r\nand sell the same to any applicant at a price not exceeding five rupees per copy. \r\nWORKS \r\n12. (1) Any licensee may, from time to time but subject always to the terms and \r\nconditions of his license, within the area of supply, or when permitted by the terms of \r\nhis license to lay down or place electric supply -lines without the area of supply, \r\nwithout that area– \r\n(a) open and break up the soil and pa vement of any street, railway or \r\ntramway; \r\n(b) open and break up any sewer, drain or tunnel in or under any street, \r\n railway or tramway; \r\n(c) lay down and place electric supply – lines and other works; \r\n(d) repair, alter or remove the same; and \r\n(e) do all other acts necessary for the due supply of energy, \r\n(2) Nothing contained in sub -section (1) shall be deemed to authorize or \r\nempower a licensee, without the consent of the local authority or of the owner and \r\noccupier concerned, as the case may be, to lay down or place any electric supply \r\nline or other work in through or against any building, or on, over or under any land \r\nnot dedicated to public use whereon, whereover or whereunder any electric supply \r\nline or work has not already been lawfully laid down or placed by such licensee: \r\nProvided, that any support or an aerial line or any stay or strut required for the \r\nsole purpose of securing in position any support of an aerial line may be fixed on any \r\nbuilding or land, or having been so fixed may be altered, notwithstanding the \r\nobjection of the owner or occupier of s uch building or land, if the District Magistrate \r\nby order in writing so directs: \r\nProvided also, that, if at any time the owner or occupier of any building or land \r\non which any such support, stay or strut has been fixed shows sufficient cause the \r\nDistrict Magistrate may by order in writing direct any such support, stay or strut to be \r\nremoved or altered. \r\n(3) When making an order under sub -section (2), the District Magistrate \r\nshall fix the amount of compensation or of annual rent, or of both, which should in his \r\nopinion be paid by the licensee to the owner or occupier. \r\n(4) Every order made by a District Magistrate under sub -section (2) shall \r\nbe subject to revision by the Provincial Government \r\n(5) Nothing contained in sub -section (1) shall be deemed to authori ze or \r\nempower any licensee to open or break up any street not repairable by the Federal \r\nGovernment or the Provincial Government or a local authority, or any railway or \r\ntramway, except such streets, railways or tramways (if any), or such parts thereof, as \r\nhe is specially authorized to break up by his license, without the written consent of \r\nthe person by whom the street is repairable or of the person for the time being \r\nentitled to work the railway or tramway unless with the written consent of the \r\nProvincial Government. \r\nProvided that the Provincial Government shall not give any such consent as \r\naforesaid, until the licensee has given notice by advertisement or otherwise as the \r\nProvincial Government may direct, and within such period as the Provincial \r\nGovernment may fix in this behalf, to the person above referred to, and until all \r\nrepresentations or objections received in accordance with the notice have been \r\nconsidered by the Provincial Government. \r\n13. (1) Where the exercise of any of the powers of a licensee in relation to the \r\nexecution of any works involves the placing of any works in, under, over along or \r\nacross any street, part of a street, railway, tramway, canal or waterway, the \r\nfollowing provisions shall have effect, namely:– \r\n(a) not less than one month b efore commencing the execution of the \r\nworks (not being a service line immediately attached, or intended to be \r\nattached to a distributing main, or the repair, renewal or amendment of \r\nexisting works or which the character or position is not to be altered), \r\nthe licensee shall serve upon the person responsible for the repair of \r\nthe street or part of a street (hereinafter in this section referred to as \r\n―the repairing authority‖) or upon the person for the time being entitled \r\nto work the railway, tramway canal or waterway (hereinafter in this \r\nsection referred to as ― the owner‖), as the case may be, a notice in \r\nwriting describing the proposed works, together with a section and plan \r\nthereof on a scale sufficiently large to show clearly the details of the \r\nproposed works, and not in any case smaller than one inch to eight feet \r\nvertically and sixteen inches to the mile horizontally and intimating the \r\nmanner in which, and the time at which, it is proposed to interfere with \r\nor alter any existing works, and shall, up on being required to do \r\nso by the repairing authority or owner as the case may be, form time to \r\ntime give such further information in relation thereto as may be desired. \r\n(b) if the repairing authority intimates to the licensee that it disapproves or \r\nsuch works, section or plan, or approves thereof subject to \r\namendment, the licensee may, within one week of receiving such \r\nintimation, appeal to the Provincial Government, whose decision , after \r\nconsidering the reasons given by the repairing author ity for its action, \r\nshall be final; \r\n(c) if the repairing authority fails to give notice in writing of its approval or \r\ndisapproval to the license within one month, it shall be deemed to have \r\napproved of the works, section and plan, and the licensee, after g iving \r\nnot less than forty -eight hours notice in writing to the repairing \r\nauthority, may proceed to carry out the works in accordance with the \r\nnotice and the section and plan served under clause (a); \r\n(d) if the owner disapproves or such works, section or pl an, or approves \r\nthereof, subject to amendment, he may, within three weeks after the \r\nservice or the notice under clause (a), serve a requisition upon the \r\nlicensee demanding that any question in relation to the works or to \r\ncompensation, or to the obligations of the owner to others in respect \r\nthereof, shall be determined by arbitration, an thereupon the matter \r\nshall, unless settled by agreement, be determined by arbitration, and \r\nthereupon the matter shall, unless settled by agreement, be \r\ndetermined by arbitration; \r\n(e) where no requisition has been served by the owner upon the licensee \r\nunder clause (d), within the time named, the owner shall be deemed to \r\nhave approved of the works, section and plan, and in that case, or \r\nwhere after a requisition for arbitration the matter has been determined \r\nby arbitration, \r\n(f) the works may, upon payment or securing of compensation, be \r\nexecuted according to the notice and the section and plan, subject to \r\nsuch modifications as may have been determined by arbitration or \r\nagreed upon between the parties. \r\n(g) where the works to be executed consist of the laying of any \r\nunderground service line, immediately attached, or intended to be \r\nimmediately attached, to a distributing main, the licensee shall give to \r\nthe repairing authority or the owner, as the case may be, not less than \r\nforty eight hours‘ notice in writing of his intention to execute such \r\nworks; \r\n(h) where the works to be executed consist of the repair, renewal or \r\namendment of existing works of which the character or position is n ot \r\nto be altered, the licensee shall, except in cases of emergency, give to \r\nthe repairing authority or owner as the case may be, not less than forty \r\neight hours‘ notice in writing of his intention to execute such works, and \r\non the expiry of such notice, su ch works shall be commenced forthwith \r\nand, shall be carried on with all reasonable despatch, and if possible, \r\nboth by day and by night until completed. \r\n(2) Where the licensee makes default in complying with any of these \r\nprovisions, he shall make full comp ensation for any loss or damage incurred by \r\nreason thereof, and, where any difference or dispute arises as to the amount of \r\nsuch compensation, the matter shall be determined by arbitration. \r\n(3) Notwithstanding any thing in this section, the licensee may, in case of \r\nemergency due to the breakdown of an underground electric supply -line after giving \r\nnotice in writing to the repairing authority or owner, as the case may be, of his \r\nintention to do so, place an aerial line without complying with the provisions of sub-\r\nsection (1): \r\nProvided that such aerial line shall be used only until the defect in the \r\nunderground electric supply-line can be made good, and in no case (unless with the \r\nwritten consent of the Provincial Government ) for a period exceeding six weeks, and \r\nshall be removed as soon as may be after such defect is removed. \r\n14. (1) Any licensee may alter the position of any pipe (not forming in a case \r\nwhere the licensee is not a local authority, part of a local authority‘s, main sewer), or \r\nof any wire under or over any place which he is authorized to open or break up, if \r\nsuch pipe or wire is likely to interfere with the exercise of his powers under this Act; \r\nand any person may alter the position of any electric supply -lines or works of a \r\nlicensee under or ov er any such place as aforesaid, if such electric supply -lines or \r\nworks are likely to interfere with the lawful exercise or any powers vested in him. \r\n(2) In any such case as aforesaid the following provisions shall in the \r\nabsence or an agreement to the con trary between the parties concerned, apply, \r\nnamely:– \r\n(a) not less than one month before commencing any alteration, the \r\nlicensee or other person desiring to make the same (hereinafter in this \r\nsection referred to as ―the operator‖) shall serve upon the perso n for \r\nthe time being entitled to the pipe, wire, electric supply -lines or works \r\nas the case may be (hereinafter in this section referred to as ―the \r\nowner‖), a notice in writing, describing the proposed alteration, together \r\nwith a section and plan thereof o n a scale sufficiently large to show \r\nclearly the details of the proposed works, and not in any case smaller \r\nthan one inch to eight feet vertically and sixteen inches to the \r\nmile horizontally, and intimating the time when it is to be commenced, \r\nand shall subsequently give such further information in relation thereto \r\nas the owner may desire. \r\n(b) Within fourteen days after the service of the notice, section and plan \r\nupon the owner, the owner may serve upon the operator a requisition \r\nto the effect that any question arising upon the notice, section or plan \r\nshall be determined by arbitration, and thereupon the matter shall , \r\nunless settled by agreement, be determined by arbitration; \r\n(c) Every arbitrator to whom a reference is made under clause (b) shal l \r\nhave regard to any duties or obligations which the owner is under, and \r\nmay require the operator to execute any temporary or other works so \r\nas to avoid, as far as possible, interference therewith; \r\n(d) Where no requisition is served upon the operator unde r clause (b) \r\nwithin the time named, or where such a requisition has been served \r\nand the matter has been settled by agreement or determined by \r\narbitration, the alteration may, upon payment or securing or any \r\ncompensation accepted or determined by arbitratio n be executed in \r\naccordance with the notice, section and plan and subject to such \r\nmodifications as may have been determined by arbitration or agreed \r\nupon between the parties; \r\n(e) The owner may at any time before the operator is entitled to \r\ncommence the alteration serve upon the operator a statement in writing \r\nto the effect that he desires to execute the alteration himself and \r\nrequires the operator to give such security for the repayment of any \r\nexpenses as may be agreed upon or, in default of agreement, \r\ndetermined by arbitration; \r\n(f) Where a statement is served upon the operator under clause (e) he \r\nshall not less than forty -eight hours before the execution of the \r\nalteration is required to be commenced, furnish such security and \r\nserve upon the owner a notice in writing intimating the time when the \r\nalteration is required to be commenced, and the manner in which it is \r\nrequired to be made; and thereupon the owner may proceed to execute \r\nthe alteration as required by the operator. \r\n(g) Where the owner declines to c omply, or does not, within the time and \r\nin the manner prescribed by a notice served upon him under clause (f), \r\ncomply with the notice, the operator may himself execute the alteration; \r\n(h) All expenses properly incurred by the owner in complying with a noti ce \r\nserved upon him by the operator under clause (f), may be recovered by \r\nhim from the operator. \r\n(3) Where the licensee or other person desiring to make the alteration \r\nmakes default in complying with any of these provisions, he shall make full \r\ncompensation for any loss or damage incurred by reason thereof, and where any \r\ndifference or dispute arises as to the amount of such compensation, the matter shall \r\nbe determined by arbitration. \r\n15. (1) Where– \r\n(a) the licensee requires to dig or sink, any trench for layi ng down any new \r\nelectric supply -lines or other works, near to which any sewer, drain, \r\nwater – course or work under the control of the Provincial Government \r\nor of any local authority, or any pipe, syphon, electric supply – line or \r\nother work belonging to an y duly authorized person, has been lawfully \r\nplaced, or \r\n(b) any duly authorized person requires to dig or sink any trench for laying \r\ndown or constructing any new pipes or other works, near to which any \r\nelectric supply-lines or works of a licensee have been lawfully placed, \r\n(c) the licensee or such duly authorized person, as the case may be \r\n(hereinafter in this section referred to as ―the operator‖), shall, unless \r\nit is otherwise agreed upon between the parties interested or in case of \r\nsudden emergency, giv e to the Provincial Government or local \r\nauthority, or to such duly authorized person or to the licensee, as the \r\ncase may be (hereinafter in this section referred to as ―the owner‖), not \r\nless than forty eight hours‘ notice in writing before commencing to di g \r\nor sink the trench and the owner shall have the right to be present \r\nduring execution of the work, which shall be executed to the \r\nreasonable satisfaction of the owner. \r\n(2) Where the operator finds it necessary to undermine, but not to alter, \r\nthe position of any pipe, electric supply -line or work, he shall support it in position \r\nduring the execution of the work, and before completion shall provide a suitable and \r\nproper foundation for it where so undermined. \r\n(3) Where the operator (being the licensee) lays a ny electric supply -line \r\nacross, or so as to be liable to touch, any pipes, lines or service -pipes or service -\r\nlines belonging to any duly authorized person supplying, transmitting or using energy \r\nunder this Act, he shall not, except with the written consent of such person and in \r\naccordance with section 34, sub -section (1) lay his electric supply lines so as to \r\ncome into contact with any such pipes, lines or service pipes or service-lines. \r\n(4) Where the operator makes default in complying with any of the \r\nprovisions or this section, he shall make full compensation for any loss or damage \r\nincurred by reason thereof. \r\n(5) Where any difference or dispute arises under this section, the matter \r\nshall be determined by arbitration. \r\n(6) Where the licensee is a local authority, the references in this section to \r\nthe local authority and to sewers, drains , water-courses or works under its control \r\nshall not apply. \r\n16. (1) Where any person, in exercise of any of the powers conferred by or under \r\nthis Act, opens or breaks up the s oil or pavement of any street, railway or tramway, \r\nor any sewer, drain or tunnel, he shall– \r\n(a) immediately cause the part opened or broken up to be fenced and \r\nguarded; \r\n(b) before sunset cause a light or lights, sufficient for the warning of \r\npassengers, to be set up and maintained until sunrise against or near \r\nthe part opened or broken up; \r\n(c) with all reasonable speed fill in the ground an reinstate and make good \r\nthe soil or pavement, or the sewer, drain or tunnel, opened or broken \r\nup, and carry away the r ubbish occasioned by such opening or \r\nbreaking up; and \r\n(d) after reinstating and making good the soil or pavement, or the sewer, \r\ndrain or tunnel broken or opened up, keep the same in good repair for \r\nthree months and for any further period not exceeding nine months, \r\nduring which subsidence continues. \r\n(2) Where any person fails to comply with any of the provisions of sub -\r\nsection (1) the person having the control or management of the street, railway, \r\ntramway, sewer, drain or tunnel in respect of which the defau lt has occurred, may \r\ncause to be executed the work which the defaulter has delayed or omitted to \r\nexecute, and may recover from him the expenses incurred in such execution. \r\n(3) Where any difference or dispute arises as to the amount of the \r\nexpenses incurred under sub -section (2), the matter shall be determined by \r\narbitration. \r\n17. (1) A licensee shall, before laying down or placing, within ten yards of any part \r\nof any telegraphic -line, any electric supply -line or other works (not being either \r\nservice lines or electric supply-lines for the repair, renewal or amendment of existing \r\nworks of which the character or position is not to be altered), give not less than ten \r\ndays notice in writing to the telegraph-authority, specifying– \r\n(a) the course of the works or the alteration proposed, \r\n(b) the manner in which the works are to be utilized, \r\n(c) the amount and nature of the energy to be transmitted, and \r\n(d) the extent to, and manner in, which (if at all) earth returns are to be \r\nused; \r\n(e) and the licensee shall conform with such reasonable requirements, \r\neither general or special, as maybe laid down by the telegraph -\r\nauthority within that period for preventing any telegraphic -line from \r\nbeing injuriously affected by such works or alterations; \r\nProvided that, in case of emergency (which shall be stated by the licensee in \r\nwriting to the telegraph authority) arising form defects in any of the electric supply - \r\nlines or other works of the licensee, the licensee shall be required to give only such \r\nnotice as may be possible after the necessity for the proposed new works or \r\nalterations has arisen. \r\n(2) Where the works to be executed consist of the laying or placing of any \r\nservice line the licensee shall, not less that forty -eight hours before commencing the \r\nwork, serve upon the telegraph authority a notice in writing or his intention to execute \r\nsuch works. \r\n18. (1) Save as provided in section 13, sub -section (3), nothing in this Part shall \r\nbe deemed to authorize or empower a licensee to place any aerial line along or \r\nacross any street, railway, tramway, ca nal or waterway unless and until the \r\nProvincial Government has communicated to him a general approval in writing of the \r\nmethods of construction which he proposes to adopt: \r\nProvided that the communication of such approval shall in no way relieve the \r\nlicensee of this obligations with respect to any other consent required by or under \r\nthis Act. \r\n(2) Where any aerial line has been placed or maintained by a licensee in \r\nbreach of the provisions of sub -section (1), the following Provincial Government may \r\nrequire the licensee to forthwith to remove the same, or may cause the same to be \r\nremoved, and recover from the licensee the expenses incurred in such removal. \r\n(3) Where any tree standing or lying near an aerial line, or where any \r\nstructure or other object which has been placed or has fallen near an aerial line \r\nsubsequently to the placing of such line, interrupts or interferes with, or is likely to \r\ninterrupt or interfere with, the conveyance or transmission or energy or the \r\naccessibility of any works, \r\n5\r\n(an Executive Magistrate) may, on the application of the \r\nlicensee, cause the tree, structure or object to be removed or otherwise dealt with as \r\nhe thinks fit. \r\n(4) When disposing of an application under sub -section (3), the Magistrate \r\nshall, in the case of any tree in ex istence before the placing of the aerial line, award \r\nto the person interested in the tree such compensation as he thinks reasonable, and \r\nsuch person may recover the same form the licensee. \r\nExplanation– for the purposes of this section the expression ―tre e‖ shall be \r\ndeemed to include any shrub, hedge, jungle growth or other plant. \r\n19. (1) A licensee shall, in exercise of any of the powers conferred by or under \r\nthis Act, cause as little damage, detriment and inconvenience as may be, and shall \r\nmake full compensation for any damage, detriment or inconvenience caused by him \r\nor by any one employed by him. \r\n(2) Save in the case Provided for in Section 12, Sub section (3), where any \r\ndifference or dispute arises as to the amount or the application or such \r\ncompensation, the matter shall be determined by arbitration. \r\nSUPPLY \r\n6\r\n19-A. For the purposes of this Act, the point at which the supply of energy, by a \r\nlicensee to a consumer shall be deemed to commence shall be determined in such a \r\nmanner as may be prescribed \r\n \r\n5Subs. By Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981 \r\n6Section 19A inserted by the Indian Electricity (Amdt.) Act, 1922 (1 of 1922), s.6. \r\n7\r\n20. (1) A Licensee or any person duly authorized by the licensee may, at any \r\nreasonable time, and on informing the occupier of his intention, enter the premises to \r\nwhich energy is or has been, or is to be, supplied by him, for the purpose of; \r\n(a) examining, in specting and testing the electric supply -lines, meters, \r\nmaximum demand indicators or other measuring apparatus, electric \r\nwires, fittings, works and apparatus for the supply or use of energy, \r\nwhether belonging to the licensee or to the consumer; or \r\n(b) ascertaining the amount of energy supplied or the electrical quantity \r\ncontained in the supply or the apparatus; or \r\n(c) removing, where a supply of energy is no longer required or where the \r\nlicensee is authorized to take away and cut off such supply, any \r\nelectric supply-lines, meters, maximum demand indicators or other \r\nmeasuring apparatus fittings, works or apparatus belonging to the \r\nlicensee: \r\nProvided that, where a consumer‘s apparatus is involved, no person shall be \r\ndeemed to have been so authorized by the l icensee unless, at the time of entry into \r\nsuch premises, he is in possession of a written authorization from the secretary, \r\nmanager or any other officer of the licensee not below the rank of a Divisional Officer \r\nin the Public Works Department; \r\nProvided further that previous permission of the District Magistrate shall \r\nbe necessary for making such entry into the premises of a domestic consumer. \r\n(2) Where a consumer refuses to allow a licensee or any person \r\nauthorized as aforesaid to enter his premis es in pursuance of the provisions of sub -\r\nsection (1) or, when such licensee or person has so entered, refuses to allow him to \r\nperform any act which he is authorized by that sub -section to perform, or fails \r\nto give reasonable facilities for suc h entry or performance, the licensee may, after \r\nthe expiry of twenty four hours from the service of a notice in writing to the \r\nconsumer, cut off the supply to the consumer for so long as such refusal or failure \r\ncontinues, but for no longer. \r\n21. (1) A licensee shall not be entitled to prescribe any special form of appliance \r\nfor utilizing energy supplied by him, or, save as provided by section 23, sub -section \r\n(2), or by section 26, sub-section (7), in any way to control or interfere with the use of \r\nsuch energy: \r\n8\r\nProvided that no person may adopt any form of appliance, or use the energy \r\nsupplied to him, so as unduly or improperly to interfere with the safety or efficient \r\nworking of the electric supply -lines or works of the licensee or with the supply by the \r\nlicensee of energy to any other person. \r\nProvided further that, if the licensee requires a consumer, desiring to use, or \r\nusing, the energy for running of an electric motor excepting single phase motor for \r\ndomestic use, to install a capacitor therewith, the con sumer shall not so use the \r\nenergy without installing the capacitor to the satisfaction of the licensee who, shall, if \r\nso required by the consumer, cause the consumer to be supplied with the capacitor \r\non payment of its cost. \r\n \r\n7Sec 20 Subs. by the Electricity (Amdt.) Ordinance, LXII of 1979, section 3. \r\n8Provisos subs. by the Electricity (Amdt.) Ordinance, LXII of 1979, section 4 \r\n(2) Subject to the provisions (1), a licensee may, with the previous \r\nsanction of the Provincial Government, given after consulting the local authority, \r\nwhere the licensee is not the local authority, make conditions not inconsistent with \r\nthis Act or with his license or with an y rules made under this Act, to regulate his \r\nrelations with persons who are intended to become consumers, and may, with the \r\nlike sanction given after the like consultation add to or alter or amend any such \r\nconditions; and any conditions made by a licensee without such sanction shall be \r\nnull and void: \r\nProvided that any such conditions made before the 23 rd day of January 1922 \r\nshall, if sanctioned by the Provincial Government on application made by licensee \r\nbefore such date as the Provincial Government may, b y general or special order, fix \r\nin this behalf, be deemed to have been made in accordance with the provisions of \r\nthis sub-section. \r\n(3) The Provincial Government may, after the like consultation, cancel any \r\ncondition or part of a condition previously sancti oned under sub -section (2) after \r\ngiving to the licensee not less than one month‘s notice in writing of its intention so to \r\ndo. \r\n(4) Where any difference of dispute arises as to whether a licensee has \r\nprescribed any appliance or controlled or interfered with the use of energy in \r\ncontravention of sub - section (1), the matter shall be either referred to an Electric \r\nInspector, and decided by him or, if the licensee or consumer so desires, determined \r\nby arbitration. \r\n22. Where energy is supplied by a licensee, eve ry person within the area of \r\nsupply shall, except in so far as is otherwise provided by the terms and conditions of \r\nthe license be entitled, on application, to a supply on the same terms as those on \r\nwhich any other person in the same area in entitled in si milar circumstances to a \r\ncorresponding supply: \r\nProvided that no person shall be entitled to demand, or to continue to receive, \r\nfrom a licensee a supply of energy for any premises having a separate supply unless \r\nhe has agreed with the licensee to pay him su ch minimum and annual sum as will \r\ngive him a reasonable return on the capital expenditure, and will cover other \r\nstanding charges incurred by him in order to meet the possible maximum demand for \r\nthose premises, the sum payable to be determined in case o f difference or dispute \r\nby arbitration. \r\n23. (1) A licensee shall not, in making any agreement for the supply of energy, \r\nshow undue, preference to any person, but may, save as aforesaid, make such \r\ncharges for the supply of energy as may be agreed upon, not exceeding the limits \r\nimposed by his license. \r\n(2) No consumer shall, except with the consent in writing of the licensee, \r\nuse energy supplied to him under one method of charging in a manner for which a \r\nhigher method of charging is in force. \r\n(3) In the absence of an agreement to the contrary, a licensee may charge \r\nfor energy supplied by him to any consumer– \r\n(a) by the actual amount of energy so supplied, or \r\n(b) by the electrical quantity contained in the supply, or \r\n(c) by such other method as may be approved b y the Provincial \r\nGovernment. \r\n(4) Any charges made by a licensee under clause (c) of sub -section (3) \r\nmay be based upon, and vary in accordance with, any one or more of the following \r\nconsiderations, namely:– \r\n(a) the consumer‘s load factor \r\n(b) the power factor of his load, or \r\n(c) his total consumption of energy during any stated period, or \r\n(d) the hours at which the supply of energy is required \r\n9\r\n24. (1) Where any consumer neglects to pay any charge for energy or any sum, \r\nother than a charge for energy, assesse d against him by a licensee in respect of \r\nsupply of energy to his premises, the licensee may after giving not less than seven \r\nclear day‘s notice in writing to such consumer and without prejudice to his right to \r\nrecover such charge or other sum by suit or o therwise, cut off the supply and for that \r\npurpose cut or disconnect any electric supply -line or other works, being the property \r\nof the licensee, through which energy may be supplied to such premises other than \r\ndomestic premises, running distinctly in the n ame of such consumer, and may \r\ndiscontinue the supply until such charge or other sum together with any expenses \r\nincurred by him in cutting off and reconnecting the supply and the minimum charges \r\non account of continued reservation of supply dur ing the period of such \r\ndiscontinuance, are paid, but not longer. \r\n(2) Where any difference or dispute as to any matter connected with any \r\ncharge or other sum included in the bill of a licensee has been referred by a \r\nconsumer under this Act to an Electri c Inspector before the notice as aforesaid has \r\nbeen given by the licensee, the licensee shall not exercise the powers conferred by \r\nsub-section (1) until the Inspector has given his decision: \r\nProvided that the prohibition contained in this sub -section shall not apply in \r\nany case in which the licensee has made a request in writing to the consumer under \r\nthis Act to an Electric Inspector before the notice as aforesaid has been given by the \r\nlicensee, the licensee shall not exercise the powers conferred by sub-section (1) until \r\nthe Inspector has given his decision: \r\nProvided that the prohibition contained in this sub -section shall not apply in \r\nany case in which the licensee has made a request in writing to the consumer for a \r\ndeposit with the licensee of the undispu ted charges and other sums and with the \r\nElectric Inspector of fifty percent of the disputed charges and other sums and for the \r\ndeposit with the licensee of further charges for supply of energy, as they accrue, and \r\nthe consumer has failed to comply with suc h request within a period of fifteen days \r\nfrom the date of such request or, as the case may be, from the date of receipt of bills \r\nin respect of further charges for supply of energy. \r\n25. Where any electric supply-lines, meters, fittings, works or apparatus belonging \r\nto a licensee are placed in or upon any premises, not being in the possession of the \r\n \r\n9Section 24 subs. by the Electricity (Amdt.) Ordinance, LXII of 1979, section 5 \r\nlicensee, for the purpose of supplying energy, such electric supply -lines, meters, \r\nfittings, works and apparatus shall not be liable to be taken in execution un der any \r\nprocess of any Civil Court or in any proceedings in insolvency against the person in \r\nwhose possession the same may be. \r\n26. (1) In the absence of an agreement to the contrary, the amount of energy \r\nsupplied to a consumer or the electrical quantity co ntained in the supply shall be \r\nascertained by means of a correct meter, \r\n10\r\n[maximum demand indicator and other \r\nmeasuring apparatus] and the licensee shall, if required by the consumer, cause the \r\nconsumer to be supplied with such a meter [maximum demand indic ator and other \r\nmeasuring apparatus]: \r\nProvided that the licensee may require the consumer to give him security for \r\nthe price of a meter [maximum demand indicator and other measuring apparatus] \r\nand enter into an agreement for the hire thereof, unless the consumer elects \r\nto purchase a meter, maximum demand indicator and other measuring apparatus \r\n(2) Where the consumer so enters into an agreement for the hire of a \r\nmeter, maximum demand indicator and other measuring apparatus correct, and in \r\ndefault of his doing so, the consumer shall, for so long as the default continues, \r\ncease to be liable to pay for the hire of the meter [maximum demand indicator and \r\nother measuring apparatus]: \r\n(3) Where the meter, (maximum demand indicator and other measuring \r\napparatus) is the property of the consumer, he shall keep the meter, [maximum \r\ndemand indicator and other measuring apparatus], is the property of the consumer, \r\nhe shall keep the meter, maximum demand indicator and other measuring apparatus \r\ncorrect and, in defa ult of his doing so, the licensee may after giving him seven days \r\nnotice, for so long as the default continues, cease to supply energy, through \r\nthe meter, [maximum demand indicator and other measuring apparatus]. \r\n(4) The licensee or any person duly authorized by the licensee shall, \r\nat any reasonable time and on informing the consumer of his intention, have access \r\nto, and be at liberty to inspect and test, and for that purpose, if he thinks fit, take off \r\nand remove, any meter referred to in sub -section (1); and except where the meter \r\n[maximum demand indicator and other measuring apparatus] is so hired as \r\naforesaid, all reasonable expenses of, and incidental to, such inspecting, testing, \r\ntaking off and removing shall, if the meter ma ximum demand indicator and other \r\nmeasuring apparatus is found to be otherwise than correct, be recovered from the \r\nconsumer; and where any difference or dispute arises as the amount of such \r\nreasonable expenses, the matter shall be referred to an Electric In spector, and the \r\ndecision of such Inspector shall be final: \r\nProvided that the licensee shall not be at liberty to take off or remove any \r\nsuch meter maximum demand indicator and other measuring apparatus if any \r\ndifference or dispute of the nature described is sub-section (6) has arisen until the \r\nmatter has been determined as therein provided. \r\n(5) A consumer shall not connect any meter maximum demand indicator \r\nand other measuring apparatus referred to in sub -section (1) with any electric \r\nsupply-line through w hich energy is supplied by a licensee, or disconnect the same \r\n \r\n10Inst. By the Electricity (Amdt.) Ordinance, LXII of 1979, section 6. \r\nform any such electric supply -line without \r\n11\r\nobtaining the consent of the licensee in \r\nwriting which shall not by un-reasonably withheld by the licensee. \r\n12\r\n(5A) A consumer shall not injure any mete r, maximum demand indicator or \r\nother measuring apparatus, or alter their indexes or prevent them from duly \r\nregistering the amount of energy supplied or the electrical quantity contained in the \r\nsupply. \r\n13\r\n(6) Where any difference or dispute arises between a l icensee and a \r\nconsumer as to whether any meter, maximum demand indicator or other measuring \r\napparatus is nor is not correct the matter shall be decided, upon the application of \r\neither party, by an Electric Inspector, within a period of ninety days from the date of \r\nreceipt of such application, after affording the parties and opportunity of being heard, \r\nand where the meter, maximum demand indicator or other measuring apparatus has, \r\nin the opinion of an Electric Inspector, ceased to be correct, the Electric In spector \r\nshall estimate the amount of energy supplied to the consumer or the electrical \r\nquantity contained in the supply, during such time as the meter, indicator or \r\napparatus has not, in the opinion of the Electric Inspector, been correct; and where \r\nthe El ectric Inspector, fails to decide the matter of difference or dispute within the \r\nsaid period or where either the licensee of the consumer decline to accept the \r\ndecision of the Electric Inspector, the matter shall be referred to the Provincial \r\nGovernment whose decision shall be final: \r\nProvided that, before either a licensee or a consumer applies to the Electric \r\nInspector under this sub -section, he shall give to the other party not less than seven \r\ndays‘ notice of this intention to do so. \r\n(7) In addition to any meter, [maximum demand indicator and other \r\nmeasuring apparatus] which may be placed upon the premises of a consumer in \r\npursuance of the provisions of sub -section (1), the licensee may place upon such \r\nother premises such meter, [maximum demand indicator and other measuring \r\napparatus] as he may think fit for the purpose of ascertaining or regulating either the \r\namount of energy supplied to the consumer, or the number of hours during which the \r\nsupply is given, or the rate per unit of time at which energy is supplied to the \r\nconsumer, or any other quantity or time connected with the supply: \r\nProvided that the meter, indicator or apparatus shall not, in the absence of an \r\nagreement to the contrary be placed otherwise than between the distributing mains \r\nof the licensee and any meter referred to in sub-section (1) \r\nProvided also that, where the charges for the supply of energy depend wholly \r\nor partly upon the reading or indication of any such meter, indicator or apparatus as \r\naforesaid, the licensee shall, in the abse nce of an agreement to the contrary, keep \r\nthe meter, indicator or apparatus correct; and the provisions of sub -section (4), (5) \r\n(5A) and (6) shall in that case apply as though the meter, indicator or apparatus were \r\na meter referred to in sub-section (1) \r\nExplanation– A meter shall be deemed to be ―correct‖ if it registers the amount of \r\nenergy supplied, or the electrical quantity contained in the supply, within the \r\n \r\n11Subs. By the Electricity (Amdt.) Ordinance 1979 for - ―giving to the licensee not less than forty eight notice in writing of his \r\nintention‖. \r\n12Sub-sec. (5-A) inst. By the Electricity (Amdt.)Ordinance, LXII of 1979. \r\n13Sub-sec. (6) Subs. By the Electricity (Amdt.)Ordinance, LXII of 1979 \r\nprescribed limits of error, and a maximum demand indicator or other measuring \r\napparatus shall be deemed to be ―correct‖ if it complies with such conditions as may \r\nbe prescribed in the case of any such indicator or other apparatus. \r\n14\r\n26-A. Notwithstanding anything contained in section 23, the licensee may charge \r\nthe consumer on the basis of one or mor e of the following considerations for the \r\namount of energy deemed to have been dishonestly abstracted, consumed or used, \r\nfor the period during which the meter, maximum demand indicator or other \r\nmeasuring apparatus had, in the opinion of the licen see, remained connected, \r\ndisconnected, injured, altered or prevented from registering the amount of energy \r\nsupplied or the electrical quantity contained in the supply:– \r\n(a) Consumer‘s connected load or maximum demand in kilowatt \r\nduring any period. \r\n(b) Consumer‘s maximum consumption of energy in kilowatt hours during \r\nany period \r\n(c) Consumer‘s load factor; \r\n(d) The power factor of consumer‘s load; \r\n(e) The hours and the time for which the energy is deemed to have \r\nbeen abstracted, consumed or used by the consumer; and \r\n(f) The purpose for which the energy is deemed to have been \r\nabstracted, consumed or used by the consumer \r\n27. Notwithstanding anything in this Act, the Provincial Government may, by order \r\nin writing, and subject to su ch conditions and restrictions, if any, as it thinks fit to \r\nimpose, authorize any licensee to supply energy to any person outside the area of \r\nsupply, and to lay down or place electric supply-lines for that purpose: \r\nProvided, first, that no such authority shall be conferred on the licensee within \r\nthe area of supply of another licensee without that licensee‘s consent, unless the \r\nProvincial Government considers that his consent has been unreasonably withheld: \r\nProvided, secondly, that such authority shall not b e conferred unless the \r\nperson to whom the supply is given has entered into a specific agreement with the \r\nlicensee for the taking of such supply: \r\nProvided, thirdly, that a licensee on whom such authority has been conferred \r\nshall not be deemed to be empowere d outside the area of supply to open or break \r\nup any street, or any sewer, drain or tunnel in or under any street, railway or \r\ntramway, or to interfere with any telegraph -line, without the written consent of the \r\nlocal authority or person by whom such street, sewer, drain or tunnel is repairable, or \r\nof the telegraph -authority, as the case may be, unless the Provincial Government, \r\nafter such inquiry as it thinks fit, considers that such consent has been unreasonably \r\nwithheld. \r\nProvided, fourthly, that save as aforesaid, the provisions of this Act shall apply \r\nin the case of any supply authorized under this section as if the said supply were \r\nmade within the area of supply. \r\n \r\n14Sec. 26-A ins. by the Electricity (Amdt.) Ordinance, LXII of 1979, section 7 \r\nPART III \r\nSUPPLY, TRANSMISSION AND USE OF ENERGY BY NON-LICENSEES \r\n28. (1) No person, other th an a licensee, shall engage in the business of \r\nsupplying energy except with the previous sanction of the Provincial Government \r\nand in accordance with such conditions as the Provincial Government may fix in this \r\nbehalf, and any agreement to the contrary shall be void: \r\nProvided that such sanction shall not be given within the area for which a local \r\nauthority is constituted, without that local authority‘s consent, or within the area of \r\nsupply of any licensee, without that licensees consent, unless the Provinci al \r\nGovernment considers that consent has been unreasonably withheld. \r\n(2) Where any difference or dispute arises as to whether any person is or \r\nis not engaging, or about to engage, in the business of supplying energy within the \r\nmeaning of sub -section (1), t he matter shall be referred to the Provincial \r\nGovernment, and the decision of the Provincial Government thereon shall be final. \r\n29. (1) The local authority may by, order in writing, confer and impose upon any \r\nperson, who has obtained the sanction of the Pr ovincial Government under section \r\n28 to engage in the business of supplying energy, all or any of the powers and \r\nliabilities of a licensee under sections 12 to 19, both inclusive, and the provisions of \r\nthe said sections shall thereupon apply as if such per son were a licensee under Part \r\nII. \r\n(2) A local authority, not being a licensee, shall, for the purpose of lighting \r\nany street, have the powers and be subject to the liabilities respectively conferred \r\nand imposed by sections 12 to 19, both inclusive, so fa r as is applicable, as if it were \r\na licensee under Part II. \r\n(3) In cases other than those for which provision is made by sub -section \r\n(1), the person responsible for the repair of any street may, by order in writing, confer \r\nand impose upon any person who pr oposes to transmit energy in such street all or \r\nany of the powers and liabilities of a licensee under section 12 to 19 (both inclusive), \r\nin so far as the same relate to opening or breaking up of the soil or pavement of such \r\nstreet, or laying down or placin g electric supply-lines in, under, along or across such \r\nstreet, or repairing, altering or removing such electric supply-lines, and thereupon the \r\nprovisions of the said sections shall, so far as aforesaid, apply to such persons as if \r\nhe were a licensee under Part II \r\n(4) If no order is made within fourteen days after the receipt of an \r\napplication for the same under sub -section (1) or sub -section (3), the order so \r\napplied for shall be deemed to have been refused, and every order, and every \r\nrefusal to make an order, under sub-section (1) or sub-section (3), shall be subject to \r\nrevision by the Provincial Government. \r\n15\r\n[29-A. The provisions of sub -section (3) and (4) of section 18 and of the \r\nExplanation thereto shall apply in the case of any aerial line placed by a ny railway \r\nadministration as defined in section 3 of the Railways Act, 1890, as if references \r\ntherein to the licensee were references to the railway administration.] \r\n \r\n15Sec. 29-A Ins. By the Electricity (Amendment) Act, XL of 1923 \r\n30. (1) No person, other than a licensee duly authorized under the terms of his \r\nlicense, shall transmit or use energy at a rate exceeding two hundred and fifty watts, \r\n(a) in any street, or \r\n(b) in any place, \r\n(i) in which one hundred or more persons are likely ordinarily to be \r\nassembled, or \r\n(ii) which is a factory, within the meaning of the \r\n16\r\nFactories Act, \r\n1934, (XXV of 1934), or \r\n(iii) which is a mine within the meaning of the \r\n17\r\nMines Act, 1923, (IV \r\nof 1923), \r\n18\r\nor \r\n(iv) to which the Provincial Government, by general or special order \r\ndeclares the provision of this sub-section to apply, \r\n(v) without giving not less than seven clear days notice in writing of \r\nhis intention to the District Magistrate, and complying with such \r\nof the provisions of Part IV, and of the rules made there under, \r\nas may be applicable: \r\nProvided that nothing in this section shall apply to energy used for the public \r\ncarriage of passengers, animals or goods on, or for the lighting or ventilation of the \r\nrolling-stock of, any railway or tramway subject to the provisions of the Railways Act , \r\n(IX 1890). \r\nProvided, also that the Prov incial Government may, by general or special \r\norder and subject to such conditions and restrictions as may be specified therein, \r\nexempt from the application of this section or any such provision or rule as aforesaid \r\nany person or class of persons using ener gy on premises upon or in connection with \r\nwhich it is generated, or using energy supplied under Part II in any place specified in \r\nclause (b) \r\n(2) Where any difference or dispute arises as to whether a place is or is \r\nnot one in which one hundred or more pers ons are likely ordinarily to be assembled, \r\nthe matter shall be referred to the Provincial Government, and the decision of the \r\nProvincial Government, thereon shall be final. \r\n(3) The provisions of this section shall be binding on the \r\n19\r\nGovernment \r\nPART IV \r\nGENERAL PROTECTIVE CLAUSES \r\n31. No person shall, in the generation, transmission, supply or use of energy, in \r\nany way injure any railway, tramway, canal or waterway or any dock, wharf or pier \r\nvested in or controlled by a local authority, or obstruct or interfer e with the traffic on \r\nany railway, tramway canal or water-way. \r\n \r\n16Subs. By the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s.3 and Second Sch., for ―Indian \r\nFactories Act, 1911‖. \r\n17Subs. Ibid for ―Indian Mines Act, 1901‖. \r\n18The word ―or and sub-clause (iv) ins, by Act 1 of 1922 s, 14. \r\n19 Subs. by A.O., 1961, Art, 2, for ―Crown‖ (with effect from the 23rd March, 1956) \r\n32. (1) Every person generating transmitting, supplying or using energy \r\n(hereinafter in this section referred to as the operator shall take all reasonable \r\nprecautions in constructing, laying do wn and placing his electric supply -lines and \r\nother works and in working his system so as not injuriously to affect, whether by \r\ninduction, or otherwise the working of any wire or line used for the purpose of \r\ntelegraphic, telephonic, or electric -signaling communication, or the currents in such \r\nwire or line. \r\n(2) Where any difference or dispute arises between the operator and the \r\ntelegraph- authority as to whether the operator has constructed, laid down or placed \r\nhis electric supply -lines or other works, or wor ked his system, in contravention or \r\nsub- section (1), or as to whether the working or any wire, line or current is or is not \r\ninjuriously affected thereby, the matter shall be referred to the Federal \r\nGovernment; unless it is of opinion that the wire or line has been placed in \r\nunreasonable proximity to the electric supply -lines or works of the operator after the \r\nconstruction of such lines or works, may direct the operator to make such alterations \r\nin, or additions to, his system as may be necessary in orde r to comply with the \r\nprovisions of this section, and the operator shall make such alterations or additions \r\naccordingly; \r\n Provided that nothing in this sub -section shall apply to the repair, renewal or \r\namendment or any electric supply -line so long as the co urse of the electric supply - \r\nline and the amount and nature or the energy transmitted thereby are not altered. \r\n(3) Where the operator makes default in complying with the requirements \r\nof this section, he shall make full compensation for any loss or damage incurred by \r\nreason thereof, and where any difference or dispute arises as to the amount of such \r\ncompensation, the matter shall be determined by arbitration. \r\nExplanation– For the purposes of this section, a telegraph line shall be deemed to \r\nbe injuriously affected if telegraphic, telephonic or electric signaling communication \r\nby means of such line is, whether through induction or otherwise prejudicially \r\ninterfered with by an electric supply line or works, until the order is complied with or \r\nfor such time as is specified in the order. \r\n33 (1) If any accident occurs in connection with the generation, transmission, \r\nsupply or use of energy in, or in connection with, any part of the electric supply -lines \r\nor other works of any person, and the accident results or is likely to have resulted in \r\nloss of life or personal injury, such person shall give notice of the occurrence, and of \r\nany loss of life or personal injury actually occasioned by the accident, in such form \r\nand within such time and to such authorities as the P rovincial Government may, by \r\ngeneral or special \\order, direct. \r\n (2) The Provincial Government may, if it thinks fit, require any Electric \r\nInspector, or any other competent person appointed by it in this behalf, to inquire and \r\nreport: \r\n(a) as to the cause of any accident affecting the safety of the public, which \r\nmay have been occasioned by, or in connection with the generation, \r\ntransmission, supply or use of energy: or \r\n(b) as to the manner in and extent to, which the provisions of this Act or of \r\nany licence or rules thereunder, so far as those provisions affect the \r\nsafety of any person, have been complied with. \r\n34. (1) No person shall, in the generation transmission, supply or use of energy, \r\npermit any part of his electric supply -lines to be connected with ea rth except so far \r\nas may be prescribed in this behalf or may be specially sanctioned by the Provincial \r\nGovernment. \r\n (2) If at any time it is established to the satisfaction of the Provincial \r\nGovernment. \r\n(a) that any part of an electric supply -line is connected with earth contrary \r\nto the provisions of sub-section (1), or \r\n(b) that any electric supply -lines or other works for the generation, \r\ntransmission, supply or use of energy are attended with danger to the \r\npublic safety or to human life or injuriously affect any telegraph line, or \r\n(c) that any electric supply -lines or other works are defective so as not to \r\nbe in accordance with the provisions of this Act or of any rule \r\nthereunder, \r\n the Provincial Government may, by order in writing specify the matter \r\ncomplained of and require the owner or user of such electric supply -lines or other \r\nworks to remedy it in such manner as shall be specified in the order, and may also in \r\nlike manner forbid the use of any electric supply -line of works until the other is \r\ncomplied with or for such time as is specified in the order. \r\nADMINISTRATION AND RULES \r\n35. (1) The Provincial Government may for the whole or any part of the \r\nProvince, by notification in the official Gazette, constitute an Advisory Board. \r\n(2) The Board shal l consist of a chairman and not less than two other \r\nmembers. \r\n(3) The Provincial Government may by general or special order– \r\n(a) determine the number of which the Board shall be constituted \r\nand the manner in which such members shall be appointed, \r\n(b) define the duties and regulate the procedure of the Board. \r\n(c) determine the tenure of office of the members of the Board. \r\n(d) give directions as to the payment of fees to, and the travelling \r\nexpenses incurred by, any member of the Board in the perfor mance of \r\nhis duty. \r\n36. \r\n20\r\n[(1) The Federal Government may, by Notification in the Official Gazette, \r\nappoint duly qualified persons to be Electric Inspectors and every Electric Inspector \r\nso appointed shall in relation to mines, oilfields and railways exercise the powers and \r\nperform the functions of an Electric Inspector under this Act within such areas and \r\nsubject to such restrictions as the Federal Government may direct.] \r\n(2) The Provincial Government may, by notification in the official Gazette, \r\nappoint duly qualified persons to be Electric Inspectors within such areas as may be \r\nassigned to them respectively; and every Inspector so appointed shall exercise the \r\n \r\n20Sub-sec. (1) has been omitted by the A.O., 1964, Art. 2 and Sch \r\npowers and perform the functions of an Electric Inspector under this Act subject to \r\nsuch restrictions as the Provincial Government may direct. \r\n(3) In the absence of express provision to the contrary in this Act, \r\nor any rule thereunder, an appeal shall lie from the decision of an Electric Inspector \r\nto the Federal Government or the Provinci al Government, as the case may be, or, if \r\nthe Federal Government or the Provincial Government, as the case may be, by \r\ngeneral or special order, so directs, to an Advisory Board. \r\n21\r\n[36-A.] \r\n22\r\n[(1) A Board to be called the Federal Electricity Board shall be co nstituted \r\nto exercise the powers conferred by section 37. \r\n(2) The Federal Electricity Board shall consist of the following members, \r\nnamely:– \r\n(a) a Chairman to be nominated by the Federal Government \r\n(b) one member each to be nominated by the Provincial Gov ernments of \r\nthe Punjab, North-West Frontier Province, Sind and Baluchistan; \r\n(c) one member to be nominated by the Federal Government for \r\nIslamabad Capital Territory; and \r\n(d) one member to be nominated by the Chairman of the Railway Board: \r\nProvided that if at any time it seems fit to do so the Federal Government may \r\nappoint not more than two additional members. \r\n(3) Any vacancy occurring in the Board shall be filled as soon as may be \r\nby a nomination made by the authority by whom the member vacating office was \r\nnominated. \r\n(4) The Board shall have full power to regulate by by -laws or otherwise it‘s \r\nown procedure and the conduct of all business to be transacted by it. \r\n(5) The powers of the Federal Electricity Board may be exercised \r\nnotwithstanding any vacancy in the Board. \r\n37. (1) The \r\n23\r\n[Federal Electricity Board may make rules to regulate the generation \r\ntransmission, supply and use of energy, and generally, to carry out the purposes and \r\nobjects of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may– \r\n(a) prescribe the form of applications for licenses and the payments to be \r\nmade in respect thereof; \r\n(b) regulate the publication of notices; \r\n(c) prescribe the manner in which objections with reference to any \r\napplication under Part II are to be made; \r\n(d) provide for the preparation and submission of accounts by licensees in \r\na specified form; \r\n \r\n21Sec. 36-A Inst. By the Electricity (Amendment) Act, X of 1937. \r\n22Subs. By Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981. \r\n23Subs. By Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981. \r\n(e) provide for the securing of a regular, constant and sufficient supply of \r\nenergy by licensees to consumers and for the testing at various parts \r\nof the system of the regularity and sufficiency of such supply and for \r\nthe examination of the records of such tests by consumers, \r\n(f) provide for the protection of persons and property from injury by reason \r\nof contact with, or the proximi ty of, or by reason of the defective or \r\ndangerous condition of, any appliance or apparatus used in the \r\ngeneration, transmission, supply or use of energy: \r\n(g) for the purposes of electric traction regulate the employment of \r\ninsulated returns, or of un insul ated metallic returns of low resistance, \r\nin order to prevent fusion or injurious electrolytic action of or on metallic \r\npipes, structures or substances, and to minimize, as far as is \r\nreasonably practicable, injurious interference with the electric wires, \r\nsupply-lines and apparatus of parties other than the owners of the \r\nelectric traction system, or with the currents therein, whether the earth \r\nis used as a return or not; \r\n(h) provide for preventing telegraph lines and magnetic observatories or \r\nlaboratories from being injuriously affected by the generation, \r\ntransmission, supply or use of energy; \r\n(i) prescribe the qualifications to be required of Electric Inspectors; \r\n(j) authorize any Electric Inspector or other officer of a specified rank and \r\nclass to enter, inspect and examine any place, carriage or vessel in \r\nwhich he has reason to believe any appliance or apparatus used in the \r\ngeneration, transmission, supply or use of energy to be, and to carry \r\nout tests therein, and to prescribe the facilities to be given to such \r\ninspectors or officers for the purposes of such examinations and tests; \r\n(k) authorize and regulate the levy of fees for any such testing or \r\ninspection and generally, for the services of Electric Inspectors under \r\nthis Act; and \r\n(l) provide for any matter which is to be or may be prescribed. \r\n(3) Any rules made in pursuance of clause (f) of clause (h) of sub -section \r\n(2) shall be binding on the Government. \r\n(4) In making any rule under this Act the Federal Electricity Board may \r\ndirect that every breach th ereof shall be punishable with fine which may extend to \r\nthree hundred rupees, and, in the case of a continuing breach with a further daily fine \r\nwhich may extend to fifty rupees. \r\n38. (1) The power to make rules under section 37 shall be subject to the condi tion \r\nof the rules being made after previous publication. \r\n(2) The date to be specified in accordance with clause (3) of section 23 of \r\nthe General Clauses Act, 1897, (X of 1897) as that after which a draft of rules \r\nproposed to be made under section 37 will b e taken into consideration shall not be \r\nless than three months from the date on which the draft of the proposed rules \r\nwas published for general information. \r\n(3) All rules made under section 37 shall be published in the official \r\nGazette of Pakis tan and, on such publication, shall have effect as if enacted in this \r\nAct. \r\nCRIMINAL OFFENCES AND PROCEDURE \r\n24\r\n39. (1) Whoever dishonestly abstracts, consumes or uses energy shall be \r\npunished with imprisonment of either description for a term which may extend to \r\nthree years, or with fine which may extend to five thousand rupees, or with both; and \r\nthe existence of any device, contrivance or artificial means for such abstraction, \r\nconsumption or use shall be prima facie evidence of such abstraction, consumption \r\nor use. \r\n(2) Whoever abets, or conspires in the commission of acts mentioned in \r\nsub-section (1) shall be deemed to have committed an offence under sub -section \r\n(1). \r\nExplanation– A person shall be deemed to have dishonestly abstracted, consumed \r\nor used energy– \r\n(a) if he is found to have tampered or interfered with the set order of wiring \r\nconnections of any meter, measuring apparatus including kilowatt \r\nmeter, kilowatt hour meter, kilovolt ampere hour meter, kilovolt ampere \r\nreactive hour meter, current transforme rs, potential transformers, or \r\ntheir respective fuses, installed by the licensee for the supply and \r\nregistration of energy; or \r\n(b) if he is found to have prevented by drilling hole in the casing, covering \r\nor glass, or by jamming the mechanism by mechanical , magnetic or by \r\nany other means, any meter, maximum demand indicator or other \r\nmeasuring apparatus from duly registering the amount of energy \r\nsupplied or the electrical quantity contained in the supply; or \r\n(c) if he is found, without written consent of the licensee, to have \r\nconnected his installations, appliances and apparatus for the \r\nconsumption or use of energy with the licensee‘s works directly without \r\npassing through a meter maximum demand indicator or other \r\nmeasuring apparatus. \r\n25\r\n39-A. (1) Whoever insta lls or uses any device, contrivance or artificial means for \r\ndishonest abstraction, consumption or use of energy of a licensee, whether he \r\nderives any benefit therefrom or not, shall be punished with imprisonment of either \r\ndescription for a term which may extend to three years, or with fine which may \r\nextend to five thousand rupees, or with both; and if it is proved that any device, \r\ncontrivance or artificial means for such abstraction, consumption or use exists or has \r\nexisted on a premises, it shall be presumed, unless the contrary is proved, that such \r\nperson has committed an offence under this sub-section. \r\n(2) Whoever abets, or conspires in the commission of any act mentioned \r\nin sub- section (1) shall be deemed to have committed an offence under that sub -\r\nsection. \r\n \r\n24Subs. by the Electricity (Amdt.) Ordinance, 1979, (62 of 1979) s.8, for section 39. \r\n25Section 39-A ins. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979, section 9. \r\nExplanation– In this section ―artificial means‖ includes– \r\n(a) making of direct electrical connection from the aerial line through \r\nartificial jumper; \r\n(b) making of direct electrical connection from transformers, cable, meter‘s \r\nmain terminals and from consumer‘s installations through artificial \r\nwiring; \r\n(c) disconnecting the potential link from the meter terminals by means of a \r\nplier, screw driver, cutter or any other instrument; \r\n(d) breaking the glass cover of a meter or drilling hole in the casing or \r\ncovering of a meter by any means \r\n(e) stopping or slowing the revolutions of a meter disc by artificial magnet; \r\nand \r\n(f) stopping or slowing or reversing the revolutions of the meter disc by \r\nchanging the phase sequence of meter through artificial electric circuit. \r\n40. Whoever maliciously causes energy to be wasted or diverted, or, with intent to \r\ncut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric \r\nsupply-line or works, shall be punishable by imprisonment for a term which ma y \r\nextend to two years or with fine which may extend to one thousand rupees, or with \r\nboth. \r\n41. Whoever, in contravention of the provisions of section 28, engages in the \r\nbusiness of supplying energy shall be punishable with fine which may extend to \r\nthree thousand rupees, and, in the case of a continuing contravention, with a daily \r\nfine which may extend to three hundred rupees. \r\n42. Whoever– \r\n(a) being a licensee, save as permitted under section 27 or section 51 or \r\nby his license, supplies energy or lays down or places any electric \r\nsupply line or works outside the area of supply; or \r\n(b) being a licensee, in contravention of the provisions of this Act or of the \r\nrules thereunder or in breach of the conditions of his license, and \r\nwithout reasonable excuse, the burde n of proving which shall lie on \r\nhim, discontinues the supply of energy or fails to supply energy; or \r\n(c) makes default in complying with any order issued to him under section \r\n34, sub- section (2); \r\nshall be punishable with fine which may extend to one thous and rupees, and in the \r\ncase of a continuing offence or default, with a daily fine which may extend to one \r\nhundred rupees. \r\n43. Whoever in contravention of the provisions of section 30, transmits or uses \r\nenergy without giving the notice required thereby, shall be punishable with fine which \r\nmay extend to five hundred rupees, and in the case of a continuing offence, with a \r\ndaily fine which may extend to fifty rupees. \r\n26\r\n44. Whoever– \r\n(a) connects any meter, maximum demand indicator or other measuring \r\napparatus ref erred to in section 26, with any electric supply -line \r\nthrough which energy is supplied by a licensee, or disconnects the \r\nsame from any such electric supply -line without the licensee‘s consent \r\nin writing; or \r\n(b) lays, or causes to be laid, or connects up an y works for the purpose of \r\ncommunicating with any other works belonging to a licensee, without \r\nsuch licensee‘s consent in writing; or \r\n(c) uses the energy supplied to him by a licensee under one method of \r\ncharging in a manner for which a higher method of ch arging is in force \r\nwithout the licensee‘s consent in writing or adopts any appliance or \r\nuses energy supplied to him by a licensee in a manner prejudicial to \r\nthe safety or efficient working of the licensee‘s electric supply -line or \r\nworks, or deals with it i n a manner so as to interfere with the efficient \r\nsupply of energy by the licensee to any other person; shall be \r\npunishable with fine which may extend to five hundred rupees and in \r\nthe case of a continuing offence, with a daily fine of fifty rupees; and if it \r\nis proved that any artificial means exist or have existed for making such \r\nconnection as referred to in clause (a), or such communication as is \r\nreferred to in clause (b), or for facilitating such improper use of energy \r\nas is referred to in clause (c), a nd that the meter, maximum demand \r\nindicator or other measuring apparatus is under the custody or control \r\nof the consumer, whether it is his property or not, it shall be presumed, \r\nuntil the contrary is proved, that such connection, communication or \r\nimproper use, as the case may be, has been knowingly and willfully \r\ncaused by such consumer. \r\n45. Whoever maliciously extinguishes any public lamp shall be punishable with \r\nimprisonment for a term which may extend to six months, or with fine which may \r\nextend to three hundred rupees, or with both. \r\n46. Whoever negligently causes energy to be wasted or diverted, or negligently \r\nbreaks, throws down or damages any electric supply -line, post, pole or lamp or other \r\napparatus connected with the supply of energy, shall be punis hable with fine which \r\nmay extend to two hundred rupees. \r\n47. Whoever in any case not already provided for by sections 39 to 46 (both \r\nInclusive) makes default in complying with any of the provisions or this Act, or with \r\nany order issued under it, or, in the case of a licensee, with any of the conditions of \r\nhis license, shall be punishable with fine which may extend to \r\n27\r\ntwo hundred rupees, \r\nand, in the case of a continuing default, with a daily fine which may extend to fifty \r\nrupees: \r\n Provided that, where a p erson had made default in complying with any of the \r\nprovisions of sections 13,14,15, 17 and 32, as the case may be, he shall not be so \r\npunishable if the Court is of opinion that the case was one of emergency, and that \r\n \r\n26Sec. 44 subs. by the Electricity (Amdt.) Ordinance, LXII of 1979, section 11. \r\n27Subs. by the Electricity (Punjab Amdt.) Ordinance, XXIX of 1971, section 9. \r\nthe offender compiled with the said pr ovisions as far as was reasonable in the \r\ncircumstances. \r\n48. The penalties imposed by sections 39 to 47 (both inclusive) shall be in \r\naddition to, and not in derogation of any liability in respect of the payment of \r\ncompensation or, in the case of a licensee, the revocation of his license, or the \r\npayment of penalty in lieu thereof, which the offender may have incurred. \r\n49. The provisions of section 39, 40, 44, 45 and 46 shall, so far as they are \r\napplicable, be deemed to apply also when the acts made punishable there under are \r\ncommitted in the case of energy supplied by, or of works belonging to \r\n28\r\nthe \r\n29\r\nFederal \r\nGovernment or any Provincial Government. \r\n50. No prosecution shall be instituted against any person for any offence against \r\nthis Act or any rule, license e or order there under, except at the instance of the \r\nGovernment or an Electric Inspector, or of a person aggrieved by the same. \r\n50-A. (1) No court inferior to that of a Magistrate of the first class shall try an offence \r\npunishable under this Ordinance. \r\n(2) Notwithstanding anything contained in section 32 of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the \r\nfirst class to pass any sentence authorized by this Ordinance. \r\nSUPPLEMENTARY \r\n51. Notwithstanding anything in sections 12 to 16 (both inclusive) and sections 18 \r\nand 19, the Provincial Government may, by order in writing for the placing of \r\nappliances and apparatus for the transmission of energy, confer upon any public \r\nofficer or licensee, subject to such conditi ons and restrictions (if any) as the \r\nProvincial Government may think fit to impose, and to the provisions of the \r\nTelegraph Act, 1885, ( XII of 1885), any of the powers which the telegraph – \r\nauthority possesses under that Act, with respect to the placing of telegraph – lines \r\nand posts for the purposes of a telegraph established or maintained by the \r\nGovernment or to be so established or maintained. \r\n52. Where any matter is, by or under this Act, directed to be determined by \r\narbitration, the matter shall, unless it is otherwise expressly provided in the license or \r\na licensee, be determined by such person or persons as the Provincial Government \r\nmay nominate in that behalf on the application of either party; but in all other \r\nrespects the arbitration shall be subje ct to the provisions of the Arbitration Act, 1940 \r\n(X of 1940). \r\n53. (1) Every notice, order or document by or under this Act required or \r\nauthorized to be addressed to any person may be served by post or left; \r\n(a) where the Federal Government or the Provinci al Government is the \r\naddressee, at the office of such officer as the Federal \r\nGovernment or Provincial Government, as the case may be, may \r\n \r\n28Subs. by A.O., 1949 for ―any Government in British India‖ which was previously subs, by A.O., 1937, for ―the Govt.‖ \r\n29Subs. by F.A.O., 1975. Art.2 and Table, for ―Central Government‖. \r\ndesignate in this behalf; \r\n(b) here a local authority is the addressee, at the office of the local \r\nauthority; \r\n(c) where a Company is the addressee, at the registered office of the \r\nCompany or, in the event of the registered office of the Company not \r\nbeing in Pakistan, at the head office of the Company in Pakistan; \r\n(d) where any other person is the addressee, at t he usual or last known \r\nplace of abode or business of the person. \r\n(2) Every notice, order or document by or under this Act, required or \r\nauthorized to be addressed to the owner or occupier of any premises shall be \r\ndeemed to be properly addressed i f addressed by the description of the ―owner‖ or \r\n―occupier‖ of the premises (naming the premises), and may be served by delivering \r\nit, or a true copy thereof, to some person on the premises, or, if there is no person on \r\nthe premises to whom the same can wi th reasonable diligence be delivered, by \r\naffixing it on some conspicuous part of the premises. \r\n54. Any penalty imposed under section 4, sub -section (2), every sum \r\ndeclared to be recoverable by section 5, clause (f), section 6, sub -section (2), \r\nsection 14, sub -section (2), clause (h), section 16, sub -section (2), section 18, sub -\r\nsection (2), or subsection (4) or section 26, sub -section (4), and every fee leviable \r\nunder this Act, may be recovered, on application to a Magistrate having jurisdiction \r\nwhere the person liable to pay the same is for the time being resident, by the \r\ndistress and sale of any moveable property belonging to such person. \r\n30\r\n54-A. (1) Notwithstanding anything contained in this Act or in any other law for the \r\ntime be ing in force or in any instrument or agreement, the charges for supply of \r\nenergy or any other sum outstanding against a consumer under this Act shall be \r\nrecoverable as an arrear of land revenue. \r\n(2) A licensee, or any person duly authorized by the licensee , may apply, \r\nwith a certificate showing the amount outstanding against a consumer, to the \r\nCollector of the District concerned for the recovery of the said amount, and the \r\nCollector shall, thereupon proceed to recover the same from such consumer, or his \r\nsureties, or from all of them, as an arrear of land revenue. \r\n31\r\n54-B. Where a license, or any person duly authorized by him in this behalf, requires \r\nany police assistance, for carrying out the purposes of this Act, he may make an \r\napplication to the District Mag istrate or Assistant Commissioner of the sub - division \r\nconcerned and the District Magistrate or as the case may be , the Assistant \r\nCommissioner may direct the officer in charge of the police station to render the \r\nassistance required . \r\n32\r\n54-C. (1) Where a licensee gives a notice referred to in subsection (1) of section 24 \r\nor discontinuous supply of energy to a premises under the provisions of this Act ,no \r\ncourt shall make an order prohibiting the licensee from discontinuing supply of \r\n \r\n30Section 54-A Ins. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979, section 12. \r\n31Section 54-B Ins. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979, section 12. \r\n32Section 54-C Ins. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979, section 12. \r\nenergy to the premis es, and any such order made before the commencement of the \r\nElectricity (Amendment) Ordinance, 1979, shall cease to have effect: \r\nProvided that nothing contained herein shall apply to a case in which the \r\nplaintiff, applicant or appellant, within a period of thirty days of the aforesaid date of \r\nat the time of filing the suit, application or appeal, as the case may be, deposits with \r\nthe court the amount assessed against him by the licensee and all further charges of \r\nthe licensee as and when they become due; and in the event of his failing to do so, \r\nany order prohibiting the licensee from discontinuing the supply of energy to the \r\npremises or requiring him to restore the supply of energy to the premises or requiring \r\nhim to restore the supply of energy to the premi ses, if already made, shall cease to \r\nhave effect. \r\n(2) Where an amount has been deposited under sub -section (1), the court \r\nshall direct it to be deposited in a scheduled bank in the name of the \r\nlicensee on an undertaking being furnished by the licensee to the effect that in case \r\nthe suit of appeal is decided against him, he shall repay the said amount to the \r\nplaintiff of appellant, as the case may be, with such reasonable return as the court \r\nmay determine. \r\n55. The \r\n33\r\nProvincial Government may, b y general or special order, authorize the \r\ndischarge of any of its functions under section 13 or section 18 \r\n34\r\nor section 34, sub -\r\nsection (2) or clause V, sub -clause (2), or clause XIII of the Schedule by an Electric \r\nInspector. \r\n56. No suit, prosecution or oth er proceeding shall lie against any public officer, or \r\nany servant of a local authority, for anything done, or in good faith purporting to be \r\ndone, under this Act. \r\n57. (1) In section 40, sub -section (1), clause ( b), and section 41, sub -section (5), \r\nof the Land Acquisition Act, 1894, (I of 1894) the term ―work‖ shall be deemed to \r\ninclude electrical energy supplied, or to be supplied, by means of the work to be \r\nconstructed. \r\n(2) The Provincial Government may, if it thinks fit, on the application of any \r\nperson, not being a company, desirous of obtaining any land for the purposes of his \r\nundertaking, direct, that he may acquire such land under the provisions of the Land \r\nAcquisition Act, 1894, (I of 1894) in the same manner and on the same conditions as \r\nit might be acquired if the person were a company. \r\n58. (1) The Indian Electricity Act, 1903, (III of 1903) is hereby repealed: \r\nProvided that every application for a license made and every license granted \r\nunder the said Act shall be deemed to have been made and granted under this Act. \r\n(2) Nothing in this Act shall be deemed to affect the terms of any license \r\nwhich was granted, or of any agreement which was made, by or with the sanction of \r\nthe Government for the supply or use of electricity before the commencement of th is \r\nAct. \r\n \r\n33Subs. by A.O., 1937, for ―L.G.‖ \r\n34ins. By the Indian Electricity (Amdt.) Act, 1922 (1 of 1922), s.22. \r\nTHE SCHEDULE \r\nPROVISIONS TO BE DEEMED TO BE INCORPORATED WITH, AND TO FORM \r\nPART OF, EVERY LICENSE GRANTED UNDER PART II, SO FAR AS NOT \r\nADDED TO, VARIED OR EXCEPTED BY THE LICENSEE. \r\nSee section 3, sub-section (2), clause (f) Security and Accounts \r\nWhere the licensee is not a local authority, the following provisions as to giving \r\nsecurity shall apply, namely:– \r\n(a) The licensee shall, within the period fixed in that behalf by his license, \r\nor any longer period which the Provincial Government may substitu te \r\ntherefor by order under section 4, sub - section (3), clause (b), of the \r\nElectricity Act, 1910,before exercising any of the powers by the \r\nlicensee conferred on him in relation to the execution of works, show to \r\nthe satisfaction of the Provincial Governme nt, that he is in a position \r\nfully and efficiently to discharge the duties and obligations imposed \r\nupon him by the license throughout the area of supply. \r\n(b) The licensee shall also, within the period fixed in that behalf by his \r\nlicense, or any longer peri od which the Provincial Government may \r\nsubstitute therefor by order under section 4, sub - section (3), clause \r\n(b), of the Electricity Act. 1910, and before exercising any of the \r\npowers conferred on him in relation to the execution of works, deposit \r\nor secure to the satisfaction of the Provincial Government such sum (if \r\nany) as may be fixed by the licensee, or, if not so fixed, by the \r\nProvincial Government. \r\n(c) The said sum deposited or secured by the licensee under the \r\nprovisions of this clause shall be rep aid or released to him on the \r\ncompletion of the works or at such earlier date or dates and by such \r\ninstallments, as may be approved by the Provincial Government. \r\nII. Where the licensee is not a local authority, the following provisions as to the \r\naudit of accounts shall apply, namely:– \r\n(a) The annual statement of accounts of the undertaking shall, before \r\nbeing rendered under section 11 of the Electricity Act, 1910, be \r\nexamined and audited by such person as the Provincial Government \r\nmay appoint or approve in this behalf, and the remuneration of the \r\nauditor shall be such as the Provincial Government may direct, and his \r\nremuneration and all expenses incurred by him in or about the \r\nexecution of his duties to such an amount as the Provincial \r\nGovernment shall approve, shall be paid by the licensee on demand. \r\n(b) The licensee shall afford to the auditor, his clerks and assistants, \r\naccess to all such books and documents relating to the undertaking as \r\nare necessary for the purposes of the audit, and shall, when require d, \r\nfurnish to him and then all vouchers and information requisite for that \r\npurpose, and afford to him and them all facilities for the proper \r\nexecution of his and their duty. \r\n(c) The audit shall be made and conducted in such manner as the \r\nProvincial Government may direct. \r\n(d) Any report made by the auditor, or such portion thereof, as the \r\nProvincial Government may direct, shall be appended to the annual \r\nstatement of accounts of the licensee, and shall thenceforth form part \r\nthereof. \r\n(e) Notwithstanding the fo regoing provisions of this clause the Provincial \r\nGovernment may, if it thinks fit, accept the examination and audit of an \r\nauditor appointed by the licensee. \r\nIII. The licensee shall, unless the Provincial Government otherwise directs, at all \r\ntimes to keep t he accounts of the capital employed for the purposes of the \r\nundertaking distinct from the accounts kept by him of any other undertaking or \r\nbusiness. \r\nCOMPULSORY WORKS AND SUPPLY \r\nIV. The licensee shall, within a period of three years after the commencement o f \r\nthe license, execute the satisfaction of the Provincial Government all such works as \r\nmay be specified in the license in this behalf or, if not so specified, as the Provincial \r\nGovernment may, by order in writing issued within six months of the date of \r\ncommencement of the license, direct, \r\nV. (1) Where after the expiration of two years and six months from the \r\ncommencement of the license, a requisition is made by six or more owners or \r\noccupiers of premises in or upon any street or part of a street within the area of \r\nsupply or by the Provincial Government or a local authority charged with the public \r\nlighting thereof, requiring the licensee to provide distributing mains throughout such \r\nstreet or part thereof, the licensee shall comply within six months with the requisition, \r\nunless; \r\n(a) where it is made by such owners or occupiers as aforesaid, the owners \r\nor occupiers making it do not, within fourteen clear days after the \r\nservice on them by the licensee of a notice in writing in this behalf, \r\ntender to the licensee a written contract duly executed and with \r\nsufficient security binding themselves to take, or guaranteeing that \r\nthere shall be taken, a supply of energy for not less than two years to \r\nsuch amount as will in the aggregate produce annuall y, at the current \r\nrates charged by the licensee, a reasonable return to the licensee; or \r\n(b) where it is made by the Provincial Government or a local authority, the \r\nProvincial Government or local authority, as the case may be, does \r\nnot, within the like per iod, tender a like contract binding itself to take a \r\nsupply, of energy for not less than seven years for the public lamps in \r\nsuch street or part thereof. \r\n(2) Where any difference or dispute arises between the licensee and such \r\nowners or occupiers as to the sufficiency of the security offered under this clause, or \r\nas to the amount of energy to be taken or guaranteed as aforesaid, the matter shall \r\nbe referred to the Provincial Government, and either decided by it or, if it so directs, \r\ndetermined by arbitration. \r\n(3) Every requisition under this clause shall be signed by the maker or \r\nmakers thereof and shall be served on the licensee. \r\n(4) Every requisition under this clause shall be in a form to be prescribed \r\nby rules under the Electricity Act, 1910; and copies of the form shall be kept at the \r\noffice of the licensee and supplied free of charge to any applicant. \r\nVI. (1) Where after distributing mains have been laid down under the provisions \r\nof clause IV or V and the supply of energy through those mains or any of t hem has \r\ncommenced a requisition is made by the owner or occupier of any premises situate \r\nwithin \r\n35\r\nthe area of supply requiring the licensee to supply energy for such premises, \r\nthe licensee shall, within one month form the making of the requisition or within such \r\nlonger period as the Electric Inspector may allow, supply and, save in so far as he is \r\nprevented from doing so by cyclones, floods, storms or other occurrences beyond \r\nhis control, continue to supply, energy in accordance with the requisition: \r\nProvided, first, that the licensee shall not be bound to comply with any such \r\nrequisitions unless and until the person making it; \r\n(a) Within fourteen days after the service on him by the licensee of a notice \r\nin writing in this behalf, tenders to the licensee a wr itten contract, in a \r\nform approved by the Provincial Government, duly executed and with \r\nsufficient security, binding himself to take a supply of energy for not less \r\nthan two years to such amount as will produce, at current rates charged \r\nby the licensee, a reasonable return to the licensee, and \r\n(b) If required by the licensee so to do, pays to the licensee the cost of so \r\nmuch of any service line as may be laid down or placed for the \r\npurposes of the supply upon the property in respect of which the \r\nrequisition is made, and of so much of any service line as it may be \r\nnecessary for the said purposes to lay down or place beyond one \r\nhundred feet from the licensee‘s distributing main, although not on that \r\nproperty; \r\n36\r\nProvided, secondly, that the licensee shall be en titled to discontinue such \r\nsupply— \r\n(a) If the owner or occupier of the premises to which the supply is made by \r\nthe licensee has not already given security, or if any security already \r\ngiven by him has become invalid, or there is change of owner or \r\noccupier and such owner or occupier fails to furnish security \r\naccording to the prevalent rate, as the case maybe within seven days \r\nafter the service upon him of notice from the licensee requiring him so \r\nto do; or \r\n(b) If the owner or occupier of the pre mises to which the supply is made \r\nadopts any appliance, or uses the energy supplied to him by the \r\nlicensee for any purpose, or deals with it in any manner, so as unduly \r\nor improperly to interfere with the efficient supply of energy to any other \r\nperson by the licensee; or \r\n(c) If the electric wires, fittings, works and apparatus in such premises are \r\nnot in good order and condition, and are consequently likely to affect \r\ninjuriously the use of energy by the licensee, or by other persons, or \r\n \r\n35Subs, ibid for ―one hundred yards from any distributing main‖. \r\n36Second proviso subs. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979, section 13. \r\n(d) If the owner or occupier makes any alteration of, or addition to, any \r\nelectric wires, fittings, works or apparatus within such premises as \r\naforesaid, and does not notify the same to the licensee before the \r\nsame are connected to the source of supply, with a view to their being \r\nexamined, tested, accounted or charged for; or \r\n(e) if the owner or occupier of the premises to which the supply is made \r\nhas:– \r\n(i) used it in a manner prejudicial to the safety or efficient working \r\nof the licensee‘s electric supply lines or works; \r\n(ii) used it under one method of charging in a manner for which a \r\nhigher method of charging is in force; \r\n(iii) broken, tempered with or counterfeited the licensee‘s seal, \r\ncasing or covering affixed or placed to protect any meter, \r\nmaximum demand indicator or other measurin g apparatus \r\nreferred to in section 26; \r\n(iv) altered the index of any such meter, maximum demand indicator \r\nor other measuring apparatus; \r\n(v) prevented any such meter, maximum demand indicator or other \r\nmeasuring apparatus from duly registering the energy supplied \r\nor the electrical quantity contained in the supply; or \r\n(vi) prevented the supply, consumption or use of energy from \r\nbeing duly registered by any such meter, maximum demand \r\nindicator or other measuring apparatus; but the licensee shall \r\nreconnect the supply with all reasonable speed on the cessation \r\nof the act or default or both, as the case may be, which entitled \r\nhim to discontinue it: \r\nProvided, thirdly, that the maximum rate per unit of time at which the owner or \r\noccupier shall be entitled to be supplied with energy shall not exceed what is \r\nnecessary for the maximum consumption on his premises, and, where the owner or \r\noccupier has required a licensee to supply him at a specified maximum rate, he shall \r\nnot be entitled to alter that maximum, except after one months notice in writing to the \r\nlicensee, and the licensee may recover from the owner or occupier any expenses \r\nincurred by him by reason of such alteration in respect of the service lines by which \r\nenergy is supplied to the property beyond one hundred feet from the licensee‘s \r\ndistributing main, or in respect of any fittings or apparatus of the licensee upon that \r\nproperty: and \r\nProvided, fourthly, that if any requisition is made for a supply of energy and \r\nthe licensee can prove, to the satisfaction of an Electric Inspector,– \r\na. That the nearest distributing main is already loaded up to its full current \r\ncarrying capacity, or \r\nb. that, in case of a larger amount of current being transmitted by it, the \r\nloss of pressure will seriously affect the efficiency of the supply to other \r\nconsumers in the vicinity the licensee may refuse to accede to the \r\nrequisition for such reasonable period not exceeding six months, as \r\nsuch Inspector may think sufficient for the purpose of amending the \r\ndistributing main or laying down or placing a further distributing main or \r\nlaying down or placing a further distributing main, or \r\n(2) Any service line laid for the purpose of supply in pursuance of a \r\nrequisition under sub -clause (1) shall notwithstanding that a portion of it may have \r\nbeen paid for by the person making the requisition, be maintained by the licensee. \r\n37\r\n(3) Where any difference or dispute arises as to the amount of energy to \r\nbe taken or guaranteed as aforesaid, or as to the cost or any service line, or as to \r\nthe amount or the expenses i ncurred under the third proviso to sub -clause (1), the \r\nmatter shall be referred, on the application of either party, to an Electric Inspector \r\nwho, within a maximum period of ninety days from the date of such application, and \r\nafter affording the parties an opportunity of being heard, shall decide the matter; and \r\nwhere the Electric Inspector fails to decide the matter within the said period or where \r\neither party declines to accept the decision of the Electric Inspector, the matter \r\nshall be referred to the Provincial Government whose decision shall be final. \r\n(4) Every requisition under this clause shall be signed by the maker or \r\nmakers thereof and shall be served on the licensee. \r\nEvery requisition under this clause shall be in a form to be prescribed by rule \r\nunder the Electricity Act, 1910; and copies of the forms shall be kept at the office of \r\nthe licensee and supplied free of charge to any applicant. \r\nVII. The licensee shall, before commencing to lay down or place a service line in \r\nany street in which a distributing main has not already been laid down or placed, \r\nserve upon the local authority (if any) and upon the owner or occupier of all premises \r\nabutting on so much of the street as lies between the points of origin and termination \r\nof the service line s o as to be laid down or placed, twenty -one days‘ notice stating \r\nthat the licensee intends to lay down or place a service line, and intimating that, if \r\nwithin the said period the local authority or any five or more of such owners or \r\noccupiers require, in a ccordance with the provisions of the license, that a supply \r\nshall be given for any public lamps or to their premises, as the case may be, the \r\nnecessary distributing main will be laid down or placed by the licensee at the same \r\ntime as the service-line. \r\nVIII. (1) Where after distributing mains have been laid down under provisions of \r\nclause IV or clause V and the supply of energy through those mains or any of them \r\nhas commenced a requisition is made by the Provincial Government or by a local \r\nauthority requiring the licensee to supply for a period of not less than seven years of \r\nenergy for any public lamps within the area of supply, the licensee shall supply, and, \r\nsave in so far as he is prevented from doing so by cyclones, floods, storms or other \r\noccurrences beyond his control, continue to supply, energy for such lamps in such \r\nquantities as the Provincial Government or the local authority, as the case may be, \r\nmay require. \r\n(2) The provisions of sub -clause (b) of the first proviso, of sub -clauses (c) \r\nand (d) of th e second proviso, and of the third and fourth provisos to sub -clause (1) \r\nand the provisions of sub -clauses (2) and (3) of clause VI shall, so far as may be, \r\napply to every case in which a requisition for the supply of energy is made under this \r\nclause as if the Provincial Government or local authority were an owner or occupier \r\n \r\n37Sub-section (3) subs. by the Electricity (Punjab Amdt.) Ordinance, LXII of 1979. \r\nwithin the meaning of those provisions. \r\nIX. (1) Where and in so far as, the licensee (hereinafter in this clause referred to \r\nas ―the bulk-licensee) is authorized by his license to supply energy to other licensees \r\nfor distribution by them (hereinafter in this clause referred to as ―distributing -\r\nlicensees‖) the following provisions shall apply, namely:– \r\n(a) Any distributing-licensees within the bulk-licensee‘s area of supply may \r\nmake a re quisition on the bulk -licensee, requiring him to give a supply \r\nof energy and specifying the point, and the maximum rate per unit of \r\ntime, at which supply is required, and the date upon which the supply is \r\nrequired, and the date upon which the supply is to commence, such \r\ndate being fixed after the date of receipt of the requisition so as to allow \r\nan interval that is reasonable with regard to the locality and to the \r\nlength of the electric supply-line and the amount of the plant required; \r\n(b) Such distributing -licensee shall, if required by the bulk -licensee so to \r\ndo, enter into a written agreement to receive and pay for a supply or \r\nenergy for a period of not less than seven years of such an amount that \r\nthe payment to be made for the same at the rate of charge for the time \r\nbeing charged for such supply shall not be less than such an amount \r\nas will produce a reasonable return to the bulk -licensee on the outlay \r\n(excluding expenditure on generating plant then existing and any \r\nelectric supply-line then laid down or placed) incurred by him in making \r\nprovision for such supply; \r\n(c) The maximum rate per unit of time at which a distributing licensee shall \r\nbe entitled to be supplied with energy shall not exceed what is \r\nnecessary for the purposes for which the supply is required by him, and \r\nneed, not be increased except upon a fresh requisition made in \r\naccordance with the foregoing provisions; \r\n(d) If any difference or dispute arises under this clause, it shall be \r\ndetermined by arbitration, and, in the event of such arbitr ation, the \r\narbitrator shall have regard to the following amongst other \r\nconsiderations, namely; \r\n(i) the period for which the distributing licensee is prepared to bind \r\nhimself to take energy \r\n(ii) the amount of energy required an the hours during which the \r\nbulk-licensee is to supply it; \r\n(iii) the capital expenditure incurred or to be incurred by the bulk -\r\nlicensee in connection with the aforesaid supply of energy; and \r\n(iv) the extent to which the capital expended or to be expended by \r\nthe bulk -licensee in connection with such supply may become \r\nunproductive upon the discontinuance thereof. \r\n(2) Notwithstanding anything in sub-clause (1), the bulk-licensee shall give \r\na supply of energy to any distributing -licensee within his area of supply applying \r\ntherefor, even although the dis tributing-licensee desires to be supplied with only a \r\nportion of the energy required for distribution by him: \r\nProvided that the distributing -licensee shall, if so required by the bulk -\r\nlicensee, enter into an agreement to take such energy upon special terms (including \r\na minimum annual sum to be paid to the bulk -licensee) to be determined, if \r\nnecessary, by arbitration in the manner laid down in sub-clause (1)(d). \r\n(3) The maximum price fixed by a license for energy supplied to a \r\ndistributing-licensee shall not apply to any partial supply given under sub-clause (2). \r\n(4) Every distributing -licensee, who is supplied with energy by a bulk -\r\nlicensee and intends to discontinue to receive such supply, shall give not less than \r\ntwelve month‘s notice in writing of such intention to the bulk –licensee: \r\nProvided that, where the distributing -licensee has entered into a written \r\nagreement with the bulk -licensee to receive and pay for a supply of energy for a \r\ncertain period, such notice shall be given so as not to expire before the end of that \r\nperiod. \r\nCHARGES \r\nX. (1) Where the licensee charges by any method \r\n38\r\napproved by the \r\n39\r\nProvincial \r\nGovernment in accordance with section 23, sub -section (3), clause ( c), of the \r\nElectricity Act, 1910, any consumer who objects to that method, by no t less than one \r\nmonth‘s notice in writing, require the licensee to charge him, at the licensee‘s option, \r\neither by the actual amount of energy supplied to him or by the electrical quantity \r\ncontained in the supply, and thereafter the licensee shall not, exc ept with the \r\nconsent of the consumer charge him by another method. \r\n(2) Before commencing to supply energy through any distributing \r\nmain, the licensee shall give notice, by public advertisement, of the method by \r\nwhich he proposes to charge for ener gy so supplied; and where the licensee has \r\ngiven such notice, he shall not be entitled to change that method of charging without \r\ngiving not less than one month‘s notice in writing of such change to the Provincial \r\nGovernment, to the local authority (if any) concerned, and to every consumer of \r\nenergy who is supplied by him from such distributing main. \r\n(3) If the consumer is provided with a meter in pursuance of the provisions \r\nof section 26, sub -section (1), of the Electricity Act, 1910, and the licensee chan ges \r\nthe method of charging for the energy supplied by him from the distributing main, the \r\nlicensee shall bear the expense of providing a new meter, or such other apparatus \r\nas may be necessary by reason of the new method of charging. \r\nXI. Save as provided by clause IX, sub -clause (3), the prices charged by the \r\nlicensee for energy supplied by him shall not exceed the maxima fixed by his license, \r\nor, in the case of a method of charge approved by the Provincial Government, such \r\nmaxima as the Provincial Government shall fix on approving the method: \r\nProvided, that, if at any time after the expiration of seven years from the \r\ncommencement of the license, the \r\n40\r\nProvincial Government considers that the \r\nmaxima so fixed or approved as aforesaid should be altered, it shall refer the matter \r\nto an Advisory Board, and, if the Board recommends any alteration, may make an \r\norder in accordance with such recommendation, which shall have effect form such \r\n \r\n38Subs. ibid., for ―so approved by the L.G.‖ \r\n39Subs. by A.O., 1937, for ―L.G.‖ \r\n40Subs. by A.O., 1937, for ―L.G.‖ \r\ndate as may be mentioned therein: \r\nProvided, also that, where an order in pursuance of the foregoing proviso has \r\nbeen made, no further order altering the maxima fixed thereby shall be made until \r\nthe expiration of any other period of five years. \r\nXIA. A licensee may charge a consumer a minimum charge for energy of such \r\namount and determined in such a manner as may be specified by his license, and \r\nsuch minimum charge shall be payable notwithstanding that no energy has been \r\nused by the consumer during the period for which such minimum charge is made. \r\nXII. The price to be charged b y the licensee and to be paid to him for energy \r\nsupplied for the public lamps, and the mode in which those charges are to be \r\nascertained, shall be settled by agreement between the licensee and the Provincial \r\nGovernment or the local authority, as the case m ay be, and, where any difference or \r\ndispute arises, the matter shall be determined by arbitration. \r\nTESTING AND INSPECTION \r\nXIII. The licensee shall establish at his own cost and keep in proper condition such \r\nnumber of testing stations, situated at such plac es within reasonable distance from \r\nany distributing main, as the Provincial Government may direct for the purpose of \r\ntesting the pressure or periodicity of the supply of energy in the distributing main, \r\nand shall supply and keep in proper condition thereat , and on all premises from \r\nwhich he supplies energy, such instruments for testing as an Electric Inspector, may \r\napprove, and shall supply energy to each testing station for the purpose of testing. \r\nXIV. The licensee shall afford all facilities for inspectio n and testing of his works \r\nand for the reading, testing and inspection of his instruments, and may, on each \r\noccasion of the testing of his works or the reading, testing or inspection of any \r\ninstruments, be represented by an agent, who may be present, but s hall not interfere \r\nwith the reading, testing or inspection. \r\nXV. On the occasion of the testing of any works of the licensee by an Electric \r\nInspector reasonable notice thereof shall be given to the licensee, and the testing \r\nshall be carried out at such suitable hours as, in the opinion of the Electric Inspector, \r\nwill least interfere with the supply of energy by the licensee, and in such manner as \r\nthe Electric Inspector may think fit, but, except under provisions of an order made in \r\neach case in that behalf by the Provincial Government, the Electric Inspector shall \r\nnot be entitled to have access to, or interfere with, the works of the licensee at any \r\npoints other than those at which the licensee himself has access to the same: \r\nProvided that the licensee shall not be held responsible for any interruption or \r\nirregularity in the supply of energy which may be occasioned by, or required by the \r\nElectric Inspector for the purpose of, any such testing as aforesaid: \r\nProvided, also, that the testing shall not be made in regard to any particular portion \r\nof the works oftener than once in any three months, unless in pursuance of an order \r\nmade in each case in that behalf by the Provincial Government. \r\nPLANS \r\nXVI. (1) The licensee shall, after commencing to supply energy, forth with cause a \r\nplan to be made of the area of supply, and shall cause to be marked thereon the \r\nalignment and, in the case of underground works, the approximate depth below the \r\nsurface of all his then existing electric supply -lines, street distributing boxes and \r\nother works, and shall once in every year cause that plan to be duly corrected so as \r\nto show the electric supply -lines, street -distributing boxes and other works for the \r\ntime being in position. The licensee shall also, if so required by an Electric Ins pector, \r\ncause to be made sections showing the approximate level of all his existing \r\nunderground works other than service lines. \r\n(2) Every such plan shall be drawn to such scale as the Provincial \r\nGovernment may require: provided that no scale shall be required unless maps of \r\nthe locality on that scale are for the time being available to the public. \r\n(3) Every such section shall be drawn to horizontal and vertical scales \r\nwhich shall be such as the Provincial Government may require. \r\n(4) Every plan and section so made or corrected, or a copy thereof, \r\nmarked with the date when it was so made or corrected, shall be kept by the \r\nlicensee at his principal office or place of business within the area of supply, and \r\nshall at all reasonable times by open to the inspectio n of all applicants, and copies \r\nthereof shall be supplied on such terms and conditions as may be prescribed by \r\nrules under the Electricity Act, 1910. \r\n(5) The licensee shall, if required by an Electric Inspector and, where the \r\nlicensee is not a local author ity (if any) concerned, supply free of charge to such \r\nElectric Inspector or local authority a copy of every such plan or section duly \r\ncorrected so as to agree with the original kept at the principal office or place of \r\nbusiness of the licensee. \r\nADDITIONAL NOTICE OF CERTAIN WORKS \r\nXVII. On the day next preceding the commencement of any such works as are \r\nreferred to in section 13 of the Electricity Act, 1910, the licensee shall, in addition to \r\nany other notices which he may be required to give, serve upon the E lectric \r\nInspector, or such officer as the Provincial Government may appoint in this behalf for \r\nthe area of supply, a notice in writing stating that he is about to commence the \r\nworks, and the nature and position of the same.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-5452e2b51d4c6f93:sha256:367795c47bc185f1c2031bdbad6f49751b6236d0e92356d5627a283050b22901:chars-0-1752:4ef54c22d009a676d2419639f9dedf2fb973ba900a048e5b9903ba638b4ba3fc", "character_start": 0, "character_end": 1752, "utf8_byte_start": 0, "utf8_byte_end": 1754, "passage_sha256": "4ef54c22d009a676d2419639f9dedf2fb973ba900a048e5b9903ba638b4ba3fc", "reader_fragment": 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