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  "title": "PUNJAB ELECTRICITY (EMERGENCY POWERS) (CONTROL OF SUPPLY) ACT, 1949",
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  "text": "THE PUNJAB ELECTRICITY (EMERGENCY POWERS) \r\n(CONTROL OF SUPPLY) ACT, 1949 \r\n(XVII of 1949) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Power to prohibit or restrict supply and consumption of energy. \r\n4. Power to discontinue supply in certain circumstances. \r\n5. Power to refuse supply of energy in pursuance of requisition and \r\ncontracts and to restrict reconnection of supply. \r\n6. Power to fix the rate for supply of energy. \r\n7. Powers of the Provincial Government when engaged in the business of  \r\nsupplying energy. \r\n8. Restriction on the use of energy for the purpose of advertisement. \r\n9. Supplier to report certain contraventions. \r\n10. Form of Orders. \r\n11. Power to make orders relating to incidental or supplementary matters. \r\n12. Power to delegate powers and functions of the Provincial Government. \r\n13. Continuance in force of existing orders. \r\n14. Penalties. \r\n15. Offences by Corporations. \r\n16. Cognizance of offences. \r\n17. Protection of action taken under the Act. \r\n18. Savings as to orders. \r\n19. Service of orders or directions. \r\n20. Effect of orders, etc., repugnant to the Electricity Act. \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB ELECTRICITY (EMERGENCY POWERS) (CONTROL OF \r\nSUPPLY) ACT, 1949 \r\n(XVII of 1949) \r\n[5th August, 1949] \r\nAn \r\nAct \r\nto provide for the continuance of powers to control the supply, consumption, \r\ndistribution and use of, and the rates for the supply of electrical energy. \r\n WHEREAS it is expedient to provide for the continuance of powers to control \r\nthe supply, consumption, distribution and use of, and the rates for the supply of \r\nelectrical energy in the \r\n2\r\n[* *] \r\n3\r\n[the Punjab]; \r\n AND WHEREAS  the Governor of West Punjab has, in pursuance of a \r\nProclamation\r\n \r\nissued by the Governor -General of Pakistan under section 92 -A of the \r\nGovernment of India Act, 1935, assumed, on behalf of the Govern or-General all \r\npowers vested in or exercisable by the Provincial legislature under the said Act; \r\n NOW, THEREFORE, the Governor is hereby pleased to enact as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called  \r\n4\r\n[the \r\nPunjab] Electricity (Emergency Powers) (Control of Supply) Act, 1949. \r\n (2) It extends to the whole of \r\n5\r\n[* * *] \r\n6\r\n[the Punjab]. \r\n (3) It shall come into force immediately on the expiry\r\n7\r\n of the Punjab \r\nElectricity (Emergency Powers) Act, 1947 (Act V of 1947). \r\n2. Definitions.– In this Act, unless  there is anything repugnant in the subject or \r\ncontext– \r\n(a) “consumer”, “energy” and “licensee” have the meanings assigned to them \r\nin section 2 of the \r\n8\r\n[*] Electricity Act, 1910\r\n9\r\n (hereinafter referred to as the \r\nElectricity Act); and \r\n \r\n1This Act was reserved by the Governor of the Punjab on April  29, 1949 for the consideration of t he Governor-General who \r\nassented to it on July 8, 1949, published in the West Punjab Gazette (Extraordinary), dated August 5, 1949, pp. 157-160. \r\n2Omitted the words “Province of” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), publ ished in the \r\nGazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article. 2(1) read with Schedule. \r\n3Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), published in the \r\nPunjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. \r\n4Ibid. \r\n5Omitted the words “Province of” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), published in the \r\nGazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article. 2(1) read with Schedule. \r\n6Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), published in the \r\nPunjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. \r\n7It expired on August 14, 1949. \r\n8Omitted the word “India” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s.2 read with First Schedule. \r\n9IX of 1910.  \r\n(b) “supplier” means a licensee, or any other person engaged in the \r\nbusiness of supplying energy with the sanction of the Provincial \r\nGovernment, under section  28 of the Electricity Act. \r\n3. Power to prohibit or restrict supply and consumption of energy .– (1) The \r\nProvincial Government may by an order in writing, addressed to any supplier, direct \r\nsuch supplier not to supply energy to any consumer or class of consumers, or to \r\nreduce the supply of energy to any consumer or class of consumers, to such extent, \r\nand in such manner, and by such means as may be specified in the order. \r\n (2) No consumer in respect of whom an order has been made under \r\nsubsection (1), shall consume energy, except in accordance with the terms thereof. \r\n4. Power to discontinue supply in certain circumstances.– (1) The Provincial \r\nGovernment may, if in its opinion it is necessary or expedient for maintaining the \r\nsupply or securing the equitable distribution of energy, by order in writing– \r\n(i) authorise, or \r\n(ii) require– \r\n a supplier to, and the su pplier when so requir ed shall, discontinue or reduce \r\nthe supply of energy to any consumer other than a distributing licensee who without \r\nthe permission of the Provincial Government– \r\n(a) contravenes any direction issued under section 3, or \r\n(b) exceeds– \r\n(i) at any time the maximum demand in K.W. of energy; or \r\n(ii) in any month the maximum consumption of energy in K.W. \r\nhours; \r\nrecorded in respect of him during the twelve months ending the \r\n31st January 1943; or \r\n(c) connects or has connected load beyond that noti fied in writing to th e \r\nsupplier upto the 31st January 1943. \r\n (2) The supplier shall– \r\n(i) before discontinuing or reducing the supply of energy under \r\nsubsection (1), give the consumer not less than 48 hours notice \r\nin writing of his intention so to do; \r\n(ii) on d iscontinuing the supply, communicate to the Provincial \r\nGovernment within twenty -four hours from the date of \r\ndiscontinuance, the circumstances in which he has done so; \r\n(iii) on being so directed by the Provincial Government, \r\nrecommence the supply with all possible speed. \r\n5. Power to refuse supply of energy in pursuance of requisition and \r\ncontracts and to restrict reconnection of supply.– (1) The Provincial Government \r\nmay, if in its opinion it is necessary or expedient for maintaining the supply or \r\nsecuring the equitable distribution of energy, by order, direct the supplier– \r\n(a) not to comply, except with the permission of the Provincial Government \r\nor an officer authorised by it in this behalf, with– \r\n(i) the provisions of any contract, agreement or requisi tion (whether \r\nmade before or after the commencement of this Act), for the supply \r\n(other than the resumption of a supply), or an increase in the \r\nsupply, of energy to any person; \r\n(ii) any requisition, for the resumption of a supply to a consumer \r\nafter a period of six months from the date of its discontinuance; \r\n(iii) any requisition, for the resumption of a supply made within six \r\nmonths of its discontinuance where the requisitioning consumer \r\nwas not himself the consumer of the supply at the time of its \r\ndiscontinuance; \r\n(b) not to c omply with any requisition for municipal purposes involving \r\n(otherwise than by way of replacement) any new works or additions to \r\nor alterations of works already installed. \r\n (2) An application for permission as required under subsection (1), shall be \r\nmade by a licensee to the Provincial Government or to such officer as the Provincial \r\nGovernment may authorise in this behalf in such form as the Provincial Government \r\nmay prescribe. \r\n (3) The authority to whom an application is made under subsection (2) may \r\neither reject the application, or grant the permission sought, either absolutely, or subject \r\nto such conditions as it may think fit to impose. \r\n6. Power to fix the rate for supply of energy .– The Provincial Government \r\nmay authorise or requir e any supplier to inc rease the rates\r\n1\r\n for the supply of energy \r\nto such extent as may be prescribed by the Provincial Government in this behalf, or \r\nto impose such minima charges as may be fixed by the Provincial Government. \r\n7. Powers of the Provincial Gover nment when engaged in  the business of \r\nsupplying energy .– For the avoidance of doubts, it is hereby declared, that the \r\nProvincial Government, when engaged in the business of supplying energy, may in \r\nrespect of such business, take any such action or exercise  any such power as ma y \r\nunder the provision of this Act be taken or exercised, as the case may be, by a \r\nsupplier on being required or authorised to do so by the Provincial Government. \r\n8. Restriction on the use of energy for the purpose of advertisement .– No \r\nperson supplied with energy by a supplier or the Provincial Government shall use or \r\npermit such energy to be used– \r\n(a) for the purpose of any illuminated advertisement, or trade sign or for \r\nany decorative exterior lighting displayed on any premises used f or the \r\npurposes of any trade or business; or \r\n(b) for the display of any goods or other exhibits in the windows of any \r\nshop or commercial establishment: \r\nProvided that nothing in this section shall be construed to prohibit the \r\nuse of energy for the purpose of any illuminated advertisement or trade \r\nsign of a chemist or dispenser. \r\n \r\n1The Punjab Electricity Supply (Street Lighting and Special Consumers Rates) Order, 1949, Punjab Government Notification \r\nNo. 5139, E.&T-49/68594, dated November 28, 1949, published in the West Punjab Gazette (Extraordinary), 1949, p. 291.  \r\n9. Supplier to report certain contraventions .– The supplier shall report to the \r\nProvincial Government within twenty-four hours of its coming to his knowledge every \r\ncontravention of an y di rection given und er section 3, or of clause s (b) or (c) of \r\nsubsection (1) of section 4. \r\n10. Form of Orders.– An order made under this Act may be made so as to apply \r\neither to persons or undertakings generally, or to any particular person or \r\nundertaking, or class of persons  or undertakings, and either to the whole or to any \r\npart of any undertaking, and so as to have effect either generally or in any particular \r\narea. \r\n11. Power to make orders relating to incidental or supplementary matters .– \r\nThe Provincial Government may by order provide– \r\n(a) for collection of any information or statistics with a view to regulating \r\nany of the matters mentioned in this Act; and \r\n(b) for any incidental or supplementary matters including, in particular, the \r\nentering and inspect ion of premises to wh ich the order relates, with a \r\nview to securing compliance with any order, the grant or issue of \r\nlicenses, permits, certificates and other documents and the charging of \r\nfees therefor. \r\n12. Power to delegate powers and functions of the Pr ovincial Government.– \r\nThe Provincial Government may by notification authorise any officer to exercise all or \r\nsuch of its powers or functions under this Act, as may be specified in the notification. \r\n13. Continuance in force of existing orders .– Every order made by the \r\n1\r\n[Federal] or Provincial Government under sub -rule (2) of Rule 81 of the Defence of \r\nIndia Rules\r\n2\r\n or under the Emergency Provisions (Continuance) Ordinance, 1946\r\n3\r\n, or \r\nunder the Punjab Electricity (Emergency Powers) Act, 1947\r\n4\r\n, in respect of any of the \r\nmatters specified in this Act, and in force immediately before the commencement of \r\nthis Act, shall so far as it could validly be made by the Provincial Government under \r\nany of the provisions of this Act continue in force and be deemed to have been made \r\nunder the said pr ovisions; and every person authorised, permitted, directed or \r\nrequired to do anything under or in pursuance of any such order shall so far as he \r\ncould validly be so authorised, permitted, directed or required , as the case may be, \r\nby the Provincial Government under any of the said provisions be deemed to have \r\nbeen validly so authorised, permitted, directed or required, as the case may be, \r\nunder those provisions. \r\n14. Penalties.– Any person who– \r\n(a) contravenes– \r\n(i) any order made or deemed to have been made under section 3, \r\n4, 5, 6 or 11; or \r\n \r\n1Substituted for t he word “Central” by  the Federal Adaptation of Laws Order, 1975 , published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General Adaptation.  \r\n2Published in the Gazette of India (Extra ordinary), dated Sep tember 3, 1939, pp.  52-72, vide Defence Co -ordination \r\nDepartment Notification No. 221/1-O.R., dated September 3, 1939. \r\n3Ordinance XX of 1946.  This Ordinance came into force on October  1, 1946 and substituted a new rule for rule 81 of th e \r\nDefence of India Rules, see Gazette of India (Extraordinary) of September 25, 1946.  \r\n4Act V of 1947. This Act expired on August 14, 1949.  \r\n(ii) any of the provisions of this Act; or \r\n(b) is deemed to have been required or directed under section 3, 4, 5, 6 or \r\n11 to do or refrain from doing anything fails to comply with such \r\nrequirement or direction, \r\n shall, on conviction, be punishable with imprisonment for a term which \r\nmay extend to six months, or with fine or with both. \r\n15. Offences by Corporations .– If the person referred to in section 14 is a \r\ncompany or other body corporate, the managing  director, manager, s ecretary or \r\nother principal officer managing its business shall be deemed to be guilty of such \r\ncontravention. \r\n16. Cognizance of offences .– No court shall take cognizance of any offence \r\npunishable under this Act, except on a report in w riting of the facts c onstituting such \r\noffence made by such public servant as may be authorised by the Provincial \r\nGovernment in this behalf. \r\n17. Protection of action taken under the Act .– (1) No suit, prosecution or other \r\nlegal proceeding shall lie against any person for anythi ng which is done or is \r\nintended to be done in pursuance of any order, direction or requirement made or \r\ndeemed to have been made under any provision of this Act. \r\n (2) No suit, or other legal proceeding shall lie against  \r\n1\r\n[the Provincial  \r\nGovernment] for any damage caused or likely to be c aused by anything which is \r\ndone or is intended to be done in pursuance of any order made or deemed to have \r\nbeen made under any provision of this Act. \r\n18. Savings as to orders.– No order made or deemed to be made in exercise of \r\nany powers conferred by or under any of the provisions of this Act shall be called in \r\nquestion in any Court. \r\n19. Service of orders or directions .– Every order or direction made or issued \r\nunder this Act shall, as far as may be, be ser ved in the manner prescribed in section \r\n53 of the \r\n2\r\n[*]  Electricity Act, 1910\r\n3\r\n. \r\n20. Effect of orders, etc., repugnant to the Electricity Act .– The provisions of \r\nthis Act, and any order made and any other action taken under such provisions shall \r\nhave effect  notwithstanding anyt hing inconsistent therewith contained in the  \r\n4\r\n[*] \r\nElectricity Act, 1910\r\n5\r\n, or in any instrument having effect by virtue of the said Act. \r\n \r\n \r\n \r\n \r\n1Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), pu blished in \r\nthe Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with Schedule. \r\n2Omitted the word “India” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n3IX of 1910.  \r\n4Omitted the word “India” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n5IX of 1910.",
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