THE PUNJAB ELECTRICITY (EMERGENCY POWERS)

(CONTROL OF SUPPLY) ACT, 1949

(XVII of 1949)
CONTENTS

1. Short title, extent and commencement.

2. Definitions.

3. Power to prohibit or restrict supply and consumption of energy.

4. Power to discontinue supply in certain circumstances.

5. Power to refuse supply of energy in pursuance of requisition and

contracts and to restrict reconnection of supply.

6. Power to fix the rate for supply of energy.

7. Powers of the Provincial Government when engaged in the business of

supplying energy.

8. Restriction on the use of energy for the purpose of advertisement.

9. Supplier to report certain contraventions.

10. Form of Orders.

11. Power to make orders relating to incidental or supplementary matters.

12. Power to delegate powers and functions of the Provincial Government.

13. Continuance in force of existing orders.

14. Penalties.

15. Offences by Corporations.

16. Cognizance of offences.

17. Protection of action taken under the Act.

18. Savings as to orders.

19. Service of orders or directions.

20. Effect of orders, etc., repugnant to the Electricity Act.

 TEXT
1
THE PUNJAB ELECTRICITY (EMERGENCY POWERS) (CONTROL OF
SUPPLY) ACT, 1949
(XVII of 1949)
[5th August, 1949]
An
Act
to provide for the continuance of powers to control the supply, consumption,
distribution and use of, and the rates for the supply of electrical energy.
WHEREAS it is expedient to provide for the continuance of powers to control
the supply, consumption, distribution and use of, and the rates for the supply of
electrical energy in the 2[* *] 3[the Punjab];
AND WHEREAS the Governor of West Punjab has, in pursuance of a
Proclamation issued by the Governor-General of Pakistan under section 92-A of the
Government of India Act, 1935, assumed, on behalf of the Governor-General all
powers vested in or exercisable by the Provincial legislature under the said Act;
NOW, THEREFORE, the Governor is hereby pleased to enact as follows:–
1. Short title, extent and commencement.– (1) This Act may be called 4[the
Punjab] Electricity (Emergency Powers) (Control of Supply) Act, 1949.
(2) It extends to the whole of 5[* * *] 6[the Punjab].
(3) It shall come into force immediately on the expiry7 of the Punjab
Electricity (Emergency Powers) Act, 1947 (Act V of 1947).
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context–
(a) “consumer”, “energy” and “licensee” have the meanings assigned to them
in section 2 of the 8[*] Electricity Act, 19109 (hereinafter referred to as the
Electricity Act); and

1
This Act was reserved by the Governor of the Punjab on April 29, 1949 for the consideration of the Governor-General who
assented to it on July 8, 1949, published in the West Punjab Gazette (Extraordinary), dated August 5, 1949, pp. 157-160.
Omitted the words “Province of” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), published in the
2

Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article. 2(1) read with Schedule.
3
Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), published in the
Punjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2.
4
Ibid.
Omitted the words “Province of” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), published in the
5

Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article. 2(1) read with Schedule.
6
Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), published in the
Punjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2.
7
It expired on August 14, 1949.
8
Omitted the word “India” 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.
9
IX of 1910.
 (b) “supplier” means a licensee, or any other person engaged in the
business of supplying energy with the sanction of the Provincial
Government, under section 28 of the Electricity Act.
3. Power to prohibit or restrict supply and consumption of energy.– (1) The
Provincial Government may by an order in writing, addressed to any supplier, direct
such supplier not to supply energy to any consumer or class of consumers, or to
reduce the supply of energy to any consumer or class of consumers, to such extent,
and in such manner, and by such means as may be specified in the order.
(2) No consumer in respect of whom an order has been made under
subsection (1), shall consume energy, except in accordance with the terms thereof.
4. Power to discontinue supply in certain circumstances.– (1) The Provincial
Government may, if in its opinion it is necessary or expedient for maintaining the
supply or securing the equitable distribution of energy, by order in writing–
(i) authorise, or
(ii) require–
a supplier to, and the supplier when so required shall, discontinue or reduce
the supply of energy to any consumer other than a distributing licensee who without
the permission of the Provincial Government–
(a) contravenes any direction issued under section 3, or
(b) exceeds–
(i) at any time the maximum demand in K.W. of energy; or
(ii) in any month the maximum consumption of energy in K.W.
hours;
recorded in respect of him during the twelve months ending the
31st January 1943; or
(c) connects or has connected load beyond that notified in writing to the
supplier upto the 31st January 1943.
(2) The supplier shall–
(i) before discontinuing or reducing the supply of energy under
subsection (1), give the consumer not less than 48 hours notice
in writing of his intention so to do;
(ii) on discontinuing the supply, communicate to the Provincial
Government within twenty-four hours from the date of
discontinuance, the circumstances in which he has done so;
(iii) on being so directed by the Provincial Government,
recommence the supply with all possible speed.
5. Power to refuse supply of energy in pursuance of requisition and
contracts and to restrict reconnection of supply.– (1) The Provincial Government
may, if in its opinion it is necessary or expedient for maintaining the supply or
securing the equitable distribution of energy, by order, direct the supplier–
(a) not to comply, except with the permission of the Provincial Government
or an officer authorised by it in this behalf, with–
 (i) the provisions of any contract, agreement or requisition (whether
made before or after the commencement of this Act), for the supply
(other than the resumption of a supply), or an increase in the
supply, of energy to any person;
(ii) any requisition, for the resumption of a supply to a consumer
after a period of six months from the date of its discontinuance;
(iii) any requisition, for the resumption of a supply made within six
months of its discontinuance where the requisitioning consumer
was not himself the consumer of the supply at the time of its
discontinuance;
(b) not to comply with any requisition for municipal purposes involving
(otherwise than by way of replacement) any new works or additions to
or alterations of works already installed.
(2) An application for permission as required under subsection (1), shall be
made by a licensee to the Provincial Government or to such officer as the Provincial
Government may authorise in this behalf in such form as the Provincial Government
may prescribe.
(3) The authority to whom an application is made under subsection (2) may
either reject the application, or grant the permission sought, either absolutely, or subject
to such conditions as it may think fit to impose.
6. Power to fix the rate for supply of energy.– The Provincial Government
may authorise or require any supplier to increase the rates1 for the supply of energy
to such extent as may be prescribed by the Provincial Government in this behalf, or
to impose such minima charges as may be fixed by the Provincial Government.
7. Powers of the Provincial Government when engaged in the business of
supplying energy.– For the avoidance of doubts, it is hereby declared, that the
Provincial Government, when engaged in the business of supplying energy, may in
respect of such business, take any such action or exercise any such power as may
under the provision of this Act be taken or exercised, as the case may be, by a
supplier on being required or authorised to do so by the Provincial Government.
8. Restriction on the use of energy for the purpose of advertisement.– No
person supplied with energy by a supplier or the Provincial Government shall use or
permit such energy to be used–
(a) for the purpose of any illuminated advertisement, or trade sign or for
any decorative exterior lighting displayed on any premises used for the
purposes of any trade or business; or
(b) for the display of any goods or other exhibits in the windows of any
shop or commercial establishment:
Provided that nothing in this section shall be construed to prohibit the
use of energy for the purpose of any illuminated advertisement or trade
sign of a chemist or dispenser.

1
The Punjab Electricity Supply (Street Lighting and Special Consumers Rates) Order, 1949, Punjab Government Notification
No. 5139, E.&T-49/68594, dated November 28, 1949, published in the West Punjab Gazette (Extraordinary), 1949, p. 291.
9. Supplier to report certain contraventions.– The supplier shall report to the
Provincial Government within twenty-four hours of its coming to his knowledge every
contravention of any direction given under section 3, or of clauses (b) or (c) of
subsection (1) of section 4.
10. Form of Orders.– An order made under this Act may be made so as to apply
either to persons or undertakings generally, or to any particular person or
undertaking, or class of persons or undertakings, and either to the whole or to any
part of any undertaking, and so as to have effect either generally or in any particular
area.
11. Power to make orders relating to incidental or supplementary matters.–
The Provincial Government may by order provide–
(a) for collection of any information or statistics with a view to regulating
any of the matters mentioned in this Act; and
(b) for any incidental or supplementary matters including, in particular, the
entering and inspection of premises to which the order relates, with a
view to securing compliance with any order, the grant or issue of
licenses, permits, certificates and other documents and the charging of
fees therefor.
12. Power to delegate powers and functions of the Provincial Government.–
The Provincial Government may by notification authorise any officer to exercise all or
such of its powers or functions under this Act, as may be specified in the notification.
13. Continuance in force of existing orders.– Every order made by the
1
[Federal] or Provincial Government under sub-rule (2) of Rule 81 of the Defence of
India Rules2 or under the Emergency Provisions (Continuance) Ordinance, 19463, or
under the Punjab Electricity (Emergency Powers) Act, 19474, in respect of any of the
matters specified in this Act, and in force immediately before the commencement of
this Act, shall so far as it could validly be made by the Provincial Government under
any of the provisions of this Act continue in force and be deemed to have been made
under the said provisions; and every person authorised, permitted, directed or
required to do anything under or in pursuance of any such order shall so far as he
could validly be so authorised, permitted, directed or required, as the case may be,
by the Provincial Government under any of the said provisions be deemed to have
been validly so authorised, permitted, directed or required, as the case may be,
under those provisions.
14. Penalties.– Any person who–
(a) contravenes–
(i) any order made or deemed to have been made under section 3,
4, 5, 6 or 11; or

1
Substituted for the word “Central” by the Federal Adaptation of Laws Order, 1975, published in the Gazette of Pakistan
(Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General Adaptation.
2
Published in the Gazette of India (Extraordinary), dated September 3, 1939, pp. 52-72, vide Defence Co-ordination
Department Notification No. 221/1-O.R., dated September 3, 1939.
3
Ordinance XX of 1946. This Ordinance came into force on October 1, 1946 and substituted a new rule for rule 81 of the
Defence of India Rules, see Gazette of India (Extraordinary) of September 25, 1946.
4
Act V of 1947. This Act expired on August 14, 1949.
 (ii) any of the provisions of this Act; or
(b) is deemed to have been required or directed under section 3, 4, 5, 6 or
11 to do or refrain from doing anything fails to comply with such
requirement or direction,
shall, on conviction, be punishable with imprisonment for a term which
may extend to six months, or with fine or with both.
15. Offences by Corporations.– If the person referred to in section 14 is a
company or other body corporate, the managing director, manager, secretary or
other principal officer managing its business shall be deemed to be guilty of such
contravention.
16. Cognizance of offences.– No court shall take cognizance of any offence
punishable under this Act, except on a report in writing of the facts constituting such
offence made by such public servant as may be authorised by the Provincial
Government in this behalf.
17. Protection of action taken under the Act.– (1) No suit, prosecution or other
legal proceeding shall lie against any person for anything which is done or is
intended to be done in pursuance of any order, direction or requirement made or
deemed to have been made under any provision of this Act.
(2) No suit, or other legal proceeding shall lie against 1[the Provincial
Government] for any damage caused or likely to be caused by anything which is
done or is intended to be done in pursuance of any order made or deemed to have
been made under any provision of this Act.
18. Savings as to orders.– No order made or deemed to be made in exercise of
any powers conferred by or under any of the provisions of this Act shall be called in
question in any Court.
19. Service of orders or directions.– Every order or direction made or issued
under this Act shall, as far as may be, be served in the manner prescribed in section
53 of the 2[*] Electricity Act, 19103.
20. Effect of orders, etc., repugnant to the Electricity Act.– The provisions of
this Act, and any order made and any other action taken under such provisions shall
have effect notwithstanding anything inconsistent therewith contained in the 4[*]
Electricity Act, 19105, or in any instrument having effect by virtue of the said Act.

1
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. June 8, 1962), published in
the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2(1) read with Schedule.
2
Omitted the word “India” 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.
3
IX of 1910.
4
Omitted the word “India” 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.
5
IX of 1910.