PUNJAB ELECTRICITY (EMERGENCY POWERS) ACT, 1941

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THE PUNJAB ELECTRICITY (EMERGENCY POWERS) ACT, 
1941 
(XIV of 1941) 
CONTENTS 
1. Short title. 
2. Interpretation. 
3. Exercise of emergency powers. 
4. Service. 
5. Effect of service or posting. 
6. Transfer of property. 
7. Power to contract. 
8. Conditions of service of employees. 
9. Accounts. 
10. Compensation. 
11. Penalties. 
12. Bar of jurisdiction. 
13. Power to make rules. 
 
TEXT 
1
THE PUNJAB ELECTRICITY (EMERGENCY POWERS) ACT, 1941 
(XIV of 1941) 
[6th May, 1942] 
An 
Act 
to provide for the protection of the public in cases of emergency. 
 It is hereby enacted as follows:– 
1. Short title .– This Act may be called the Punjab Electricity (Emergency 
Powers) Act, 1941. 
2. Interpretation.– For the purposes of this Act, the expression “public electricity 
service” shall mean an electric supply undertaking licensed under the provisions of 
the 
2
[*] Electricity Act, 1910
3
, and shall include any establishment ancillary thereto 
and necessary for its working. 
3. Exercise of emergency powers .– (1) If at any time it appears to the 
Provincial Government– 
(a) that there is any likelihood of a failure in the continuous supply of a 
public electricity service or a diminution of such supply , and that such 
failure or diminution will be to the public disadvantage, or 
(b) that there is any doubt as to whet her the Provincial Government or any 
other person is the owner of public electricity service, or 
(c) that it is expedient, during any period of transfer of the public electricity 
service t o the Provincial Government to assume possession and 
control of such service, 
the Provincial Government may by order in writing declare its intention of assuming 
possession and control thereof for and on behalf of such service. 
 (2) No such order shall be in force for more than six months,  without 
prejudice to the issue of another such order at or before the end of that period: 
 Provided that the maximum period during which such orders may continue in 
force at any one time shall not exceed two years from  the commencement of the first 
order. 
 
1For Statement of Objects and Reasons, publishd in the Government Gazette, Punjab, Part I, dated April 4, 1941, p. 294; for 
Report of the Select Committee, see ibid., 1941, Part V, pp. 37-46; for Debates in Assembly, see Punjab Legislative Assembly 
Debates, Volume XVII, p p. 470-487, 501-528 ibid., Volume XVIII, p p. 34-35, 47-65, 195-244. This Act received the assent of 
His Excellency the Governor-General on April 30, 1942 , published in the Govern ment Gazette (Extraordinary), Punjab, dated 
May 6, 1942, pp. 57-58. 
2Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published  in the 
Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s.2 read with First Schedule. 
3IX of 1910.  
4. Service.– A copy of the order , duly authenticated, shall be served on the 
owner or the person in charge of the public electricity service or on any person in 
charge of any property of which possession or control is to be assumed: 
 Provided that the Provincial Government may, instead o f effecting service as 
aforesaid, cause a copy of the order to be posted on some conspicuous part of the 
registered office of the public electricity service or, if that be not practicabl e, in some 
conspicuous place in the area of supply. 
5. Effect of service or posting.– When a copy of the order is served or posted 
in the manner provided by the last preceding section, the possession and control of 
such public electricity service shall be deemed to vest in the Provincial Government 
notwithstanding any obligation or limitation imposed on such service by virtue of any 
Act or other instrument determining its functions. 
6. Transfer of property .– As soon as may be after the issue of an order und er 
sub-section (1) of section 3, the owner or person in charge of the public electricity 
service shall make over to the Provincial Government or such person as it may 
direct, all books, accounts, documents, furniture and all other property, of 
whatsoever n ature or kind, both movable and immovable, belonging to the said 
service and in its possession or control considered necessary by the Provincial 
Government for the purpose of carrying on the work of the company. 
7. Power to contract.– (1) During such period as the public electricity service is 
in the possession and control o f the Provincial Government, the Provincial 
Government shall have power to acquire and hold property, both movable and 
immovable, and to transfer any property held by it for and on behal f o f the public 
electricity service and to contract and to do all othe r things necessary for the 
purposes of its efficient management. 
 (2) All debts and obligations incurred, all contracts entered into and all 
matters and things engaged to be done by the Provincial Government for and on 
behalf of the public electricity serv ice shall be deemed to have been incurred, 
entered into or engaged to be done by the said public electricity service. 
8. Conditions of service of employees .– (1) All officers and  servants i n the 
employment of the public electricity service on the issue of  an order under sub -
section (1) of section 3, shall, subject to their conditions of service, continue to be 
officers and servants of such service during such period as it is in the posses sion 
and control of the Provincial Government and the conditions of s ervice, pay and 
allowances of such officers and servants shall be their existing conditions of service, 
pay and allowances. 
 (2) The Provincial Government shall exercise all the powers of  the public 
electricity service in respect of all such officers and servants. 
9. Accounts.– The Provincial Government, or such officer as it may direct, shall 
keep proper books of account and shall make therein full and proper entries relating 
to the business or undertaking during such period as the business or undertaking is 
in the possession and control of the Provincial Government. 
10. Compensation.– (1) The Provincial Government shall award compensation if 
the public electricity service sustains damage by reason of the exercise or the failure 
to exercise of any of the powers conferred by this Act. 
 (2) Any dispute as to whether compensation is payable or as to the 
amount of any compensation so payable, shall, in default of agreement, be 
determined by arbitration in accordance with the provisions of the  
1
[*] Arbitration Act, 
1940. 
11. Penalties.– Whoever disobeys or neglects to comply with any order passed, 
direction given or condition prescribed in accordance with the provisions of this Act 
or impedes the  lawful exercise of any power conferred by this Act, shall be 
punishable with fine which may extend to one thousand rupees, or with 
imprisonment which may extend to six months, or with both. 
12. Bar of jurisdiction.– (1) No civil court shall have jurisdict ion to settle, decide 
or deal with any matter which is by or under th is Act required to be settled, decided 
or dealt with by the Provincial Government. 
 (2) No suit, prosecution, or other legal proceeding shall lie against any 
person for any thing done or intended to be done under this Act in good faith and 
with due care and attention. 
 (3) Nothing in this Act shall be construed to exempt any public electricity 
service during such period as it is in the possession and control of the Provincial 
Government from its liability on any contract entered into by the said service or by 
the Provincial Government on its behalf. 
13. Power to make rules.– (1) The Provincial Government may, by notification in 
the official Gazette, make rules for the purpose of giving effe ct to the provisions of 
this Act. 
 (2) The power to make rules confer red by this section shall, except on the 
first occasion of the exercise thereof, be subject to the condition of previous 
publication. 
 (3) In making any rule under this section, the Provi ncial Government may 
provide that a contravention of the rules shall be punishable with a fine which may 
extend to fifty rupees. 
 
 
 
 
 
 
 
 
 
1Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the 
Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s.2 read with First Schedule.