(Pb Ordinance XXIX of 1971)
[23 December 1971]
Preamble.— WHEREAS it is expedient further to amend the
Electricity Act, 1910, in the manner hereinafter appearing;
NOW, THEREFORE, in pursuance of the Martial Law
Proclamation of 25th March, 1969, read with the Provisional Constitution Order,
and in exercise of all powers enabling him in that behalf, the Governor of the
Punjab is pleased to make and promulgate the following Ordinance:-
1. Short
title, extent and commencement.— (1) This Ordinance may be called the Electricity
Act (Punjab Amendment) Ordinance, 1971.
(2) It shall extend to whole of the Punjab.
(3) It shall come into force at once.
2. Amendment
of section 4 of Act IX of 1910.— In the Electricity Act, 1910 (hereinafter
referred to as the Act), in section 4, in sub-section (3), the full-stop
appearing at the end of clause (b) shall be replaced by a semi-colon and
thereafter the following proviso shall be added:-
“Provided that where the licensee,
in the opinion of the Provincial Government, has unreasonably withheld the
consent, action under clauses (a) or (b) may be taken without his consent and in
that case it shall not be necessary to afford him an opportunity of showing
cause against the proposed action.”
3. Amendment of section 20 of Act IX of
1910.— In section 20 of the
Act—
(i) for
sub-sections (1) and (2), the following sub-section shall be substituted,
namely:-
“(1) A licensee or any person duly authorised by
him may, at any reasonable time after informing the occupier of the premises
his intention, enter the premises to which energy, is, has been, or is to be
supplied by him, for the purpose of—
(a) examining, inspecting and testing the electric supply lines, meters,
electric wires, fittings, works, and apparatus for the supply or use of energy,
whether belonging to the licensee or to the consumer; or
(b) ascertaining the amount of energy supplied or the electrical
quantity contained in the supply; or
(c) removing, where a supply of energy is no
longer required, or where the licensee is authorised to take away and cut off
such supply, any electric supply-lines, meters, fittings, works or apparatus
belonging to the licensee:
Provided
that before entering such premises the licensee or any person duly authorised
by him in this behalf, shall associate with him one or more persons who, in his
opinion, may be the respectable residents of the area or locality in which the
premises is situated.”
(ii) sub-section
(3) shall be re-numbered as sub-section (2); and
(iii) in
sub-section (2), as so renumbered, the words, dash, brackets and figure “or
sub-section (2)” shall be deleted.
4. Amendment of section 21 of Act IX of
1910.— In section 21 of the
Act, in the proviso to sub-section (1), between the words “interfere with the”
and the words “supply by the licensee”, the words, comma and dash “safety, or
efficient working of electric supply-lines or works of the licensee or with
the” shall be inserted.
5. Amendment of section 24 of Act IX of
1910.— In section 24 of the
Act—
(i) in
sub-section (1), for the words “seven days clear notice in writing to such
person”, the words, dashes and commas “ten days clear notice in writing to such
person or his successor-in-interest, as the case may be,” shall be substituted;
(ii) after sub-section (1), the following
Explanation shall be added:-
“Explanation—
For the purposes of this sub-section, “successor-in-interest” means a person
who, either by inheritance or transfer by way of sale, gift, exchange, lease or
any other mode of transfer, happens to succeed to or acquires any share or
interest in the premises for which any charge for energy or any sum, other than
such charge, was or becomes due; but does not include a person who occupies
such premises merely as a tenant;.” and
(iii) for sub-section (2), the following
sub-sections shall be substituted:-
“(2) Any person aggrieved of the service of notice under sub-section (1)
may, within ten days of the receipt of such notice, prefer an appeal to the
Electric Inspector who shall, after affording the parties an opportunity of
being heard, decide the appeal.
(3) When any difference or dispute has been referred to the Electric
Inspector before notice under sub-section (1) has been given by the licensee or
an appeal has been preferred under sub-section (2), and the consumer deposits
with the inspector the amount of licensee’s charges or other sum to which such
difference, dispute or appeal relates and also the licensee’s further charges
for energy as they accrue, the licensee shall not exercise the powers conferred
by sub-section (1) until the inspector has given the decision”.
6. Substitution of section 39 of Act IX of
1910.— For section 39 of the
Act, the following section shall be substituted:-
“39. Theft of energy— Whoever
dishonestly abstracts, consumes or uses any energy shall be deemed to have
committed theft within the meaning of the Pakistan Penal Code; and the
existence of any device, contrivance or artificial mean for such abstraction,
consumption or use shall be prima facie
evidence of such dishonest abstraction, consumption or use, as the case may
be”.
7. Addition of new section 39-A to Act IX
of 1910.— After section 39
of the Act the following new section shall be added:-
“39-A. Penalty for installation of
artificial means, etc.— Whoever installs or uses any device, contrivance,
or artificial means for dishonest abstraction, consumption or use of energy shall
be punished with imprisonment of either description for a term which may extend
to one year or with fine which may extend to five thousand rupees or with both;
and if it is proved that any device, contrivance or artificial means for such
abstraction, consumption or use exists or has existed on the premises of a
person, it shall be presumed, unless the contrary is proved, that such person
has committed an offence under this section”.
8. Amendment of section 44 of Act IX of
1910.— In section 44 of the
Act—
(i) for clause (c) the following clause shall be
substituted:-
“(c) maliciously
injures or otherwise tampers with any meter referred to in sub-section (1) of
section 26, or any meter, maximum demand indicator or other apparatus referred
to in sub-section (7) of section 26, or removes, breaks, tampers with or
counterfeits any seal, casing or covering fixed or placed by the licensee to
protect such meter, indicator or other apparatus or prevents the supply,
consumption or use of energy from being duly registered by such meter,
indicator or other apparatus; or”; and
(ii) after
clause (d), between the words “any artificial means exist” and the words “for
making such connection”, the words “or have existed” shall be inserted.
9. Amendment of section 47 of Act IX of
1910.— In section 47 of the
Act, for the words “one hundred rupees” and the words “twenty rupees”, the
words “two hundred rupees” and the words “fifty rupees”, respectively, shall be
substituted.
10. Amendment of Schedule to Act IX of 1910.— In clause VI of the Schedule appended to the
Act—
(i) in
the first line of the second proviso, after the words, “licensee shall” and
before the words “be entitled”, the commas, words and brackets “, subject to
the provisions of clause (3),”, shall be inserted;
(ii) the
colon appearing at the end of paragraph (d) of the second proviso shall be
replaced by a comma and thereafter the word “or” shall be added;
(iii) after paragraph (d), the following new
paragraph shall be added:-
“(e) if the owner or the occupier of the premises to which the energy is
supplied, has—
(i) used it in a manner prejudicial to the safety
or efficient working
of the licensee’s electric supply-lines or works;
(ii) used it under one method of charging in a
manner for which a higher method of charging is in force;
(iii) broken, tampered with or counterfeited the
licensee’s seal, casing or covering affixed or placed to protect any meter,
maximum demand indicator or other apparatus, referred to in section 26, from
being tampered with;
(iv) altered the index of any such meter, maximum
demand indicator or other apparatus;
(v) prevented any such meter, maximum demand
indicator or other apparatus from duly registering the energy supplied or the
electrical quantity contained in the supply; or
(vi) prevented the supply, consumption or use of
energy from being duly registered by any such meter, maximum demand indicator
or other apparatus;” and
(iv) for sub-clause (3), the following sub-clause
shall be substituted:-
“(3) (i) Where
any difference or dispute arises as to the amount of energy to be taken or
guaranteed as aforesaid, or as to the cost of any service line, or as to the
amount of the expenses incurred under the third proviso to sub-clause (1), the
matter shall be referred to an Electric Inspector and decided by him.
(ii) The licensee shall, before discontinuing the
supply of energy for any of the reasons enumerated in the second proviso to
sub-clause (1), give not less than ten days notice in writing to the owner or
occupier of the property, of his intention to do so.
(iii) Any person aggrieved of the service of the
aforesaid notice may, within ten days of the receipt of such notice, prefer an
appeal to the Electric Inspector, who shall, after affording the parties an
opportunity of being heard, decide the appeal.
(iv) The licensee shall not discontinue the supply
of energy till the disposal of appeal preferred under this sub-clause if the
owner or occupier deposits with the Electric Inspector the amount demanded of
him in the notice on account of any of the acts or omissions specified in the
second proviso to sub-clause (1).”
[1][1]This Ordinance was
promulgated by the Governor of the Punjab, on 22nd December, 1971; published in
the Punjab Gazette (Extraordinary), dated 23rd December, 1971, pages 1605-A to
1605-G; saved by Article 281 of the Interim Constitution of the Islamic
Republic of Pakistan (1972); and, validated by the Validation of Laws Act, 1975
(LXIII of 1975).
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