LexThe Gujarat Electricity (Special Powers) Act, 1946.
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT No. XX OF 1946
The Gujarat Electricity (Special Powers) Act,
1946
(As modified up to the 31st May, 2012)
[1946 : Bom. XX Gujarat Electricity (Special Powers) Act, 1946
THE GUJARAT ELECTRICITY ( SPECIAL POWERS ) ACT, 1946.
CONTENTS.
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions
3. Restriction on consumption of supply.
4. Discontinuance of supply in certain circumstances
5. Restriction on supply of electrical energy and prohibition on reconnection of
supply.
6. Restriction on the use of electrical energy for the purpose of advertisement.
6A. Power to regulate supply of electrical energy and periods of work.
6B. Revocation of licence or discontinuance of supply for breach of order under
section 6A.
6C. Discontinuance of supply of energy to consumer for failure to pay fees for
services of Electric Inspector or his assistants.
7. Continuance in force of existing orders.
8. Penalties.
8A. Power of entry, etc.
9. Offence by local authorities and corporations.
10. Cognizance of offences.
11. Protection of action taken under Act.
12. Service of orders or directions.
13. Repeal and savings.
1946 : Bom. XX ] Gujarat Electricity (Special Powers) Act, 1946
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BOMBAY ACT NO. XX OF 1946.1
[THE GUJARAT ELECTRICITY (SPECIAL POWERS) ACT, 1946.]ο«
[30th September, 1946.]
Amended by Bom. 41 of 1949.
Adapted and modified by the Adaptation of Laws Order, 1950.
Adapted and modified by the Bombay Adaptation of Laws (State and Concu rrent
Subjects) Order, 1956.
Amended by Bom. 2 of 1959.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
An Act 2[ to make special provisions for controlling] the supply, consumption,
distribution and use of electrical energy in the 3[State of Bombay.]
WHEREAS it is expedient 2[to make special provisions for controlling] the
supply, consumption, distribution and use of electrical energy in the 3[ State of
Bombay] ; It is hereby enacted as follows :-
1. (1) This Act may be called the *[Gujarat] Electricity ( 4[ Special] Powers )
Act, 1946,
5[(2) It extends to the whole, of the 6[ State of Gujarat ] ].
(3) It shall come into force on the 1st day of October 1946 7[in the pre -
Reorganisation State of Bombay; and in that part of the State of Bombay to
which, it is extended by the Bombay Electricity (Special Powers) ( Extension
and Amendment) Act, 1958,it shall come into force on such other date as the
State Government may, by notification in the Official Gazette, appoint].
8[ * * * * * * *]
2. In this Act, unless there is anything repugnant in the subject or context,
(a) "consumer" 10* and "works" have the meanings assigned to them in
section 2 of the Indian Electricity Act, 1910 ;
11[(aa) "licensee" means any person licensed under Part II of the Indian
Electricity Act, 1910, to supply electrical energy or any person who has
obtained sanction under section 28 of that Act to engage in the business of
supplying electrical energy and includes a distributing licensee and the
12[State] Electricity Board constituted under section 5 of the Electricity
(Supply) Act, 1948;]
(b) " requisition" means a requisition made under the Indian Electricity Act,
1910, for the supply of electrical energy.
3. Notwithstanding anything contained in any contract or agreement, the 12[ State]
Government may by an order in writing require any consumer to, and thereupon such
consumer shall, reduce his consumption of electrical energy to such extent and in
such manner and by such means as may be specified in the order. The 12[State]
Government shall serve a copy of the order on the licensee supplying the energy.
4. (1) Notwithstanding anything contained in the Indian Electricity Act, 1910, or
any licence granted thereunder or any agreement for the supply of electrical
energy, the 12[State ] Government may, if in its opinion it is necessary or
expedient for maintaining the supply or securing the equitable distribution of
electrical energy, by an order in writing-
(i) authorise, or
(ii) require
Short title, extent
9[and
commencement].
Bom. II of 1959.
Definitions.
IX of 1910.
IX of 1910.
LIV of 1948.
IX of 1910.
Restriction on
consumption of
supply.
Discontinuance of
supply in certain
circumstances.
IX of 1910.
[1946 : Bom. XX Gujarat Electricity (Special Powers) Act, 1946
a licensee to, and the licensee when so required shall, discontinue or reduce the
supply of electrical energy to any consumer, other than a distributing licensee, who -
(a) without the permission of the 12[ State ] Government contraven es
any direction issued to him under section 3 ; or
(b) without the permission of the 12[ State ] Government β
13[(i) exceeds at any timeβ
(I) in relation to the 14[ Bombay area of the State of
Gujarat ], the maximum demand in Kw of electrical
energy recorded in respect of him in relation to that
area during the twelve months ending on the 31st
January, 1943, or
(II) in relation to the Saurashtra area of the 15[ State of
Gujarat ], the maximum demand in Kw of electrical
energy recorded in respect of h im in relation to that
area during the twelve months ending on the 31st
January, 1950, or
(III) in relation to any other area, the maximum
demand in Kw of electrical energy recorded in respect
of him during the twelve months ending on such date
as may be specified by the State Government, or
(ii) connects or has connected load -
(I) in the 14[ Bombay area of the State of Gujarat ],
beyond that notified in writing to the licensee up to
31st January 1943,
(II) in the Saurashtra area of the 15[ State of Gujarat ],
beyond that notified in writing to the licensee up to
31st January, 1950,
(III) elsewhere, beyond that notified in writing to the
licensee up to such date as may be specified by the
State Government; or
(iii) exceeds the supply permi tted by the State Government
under sub- section (3) of section 5 or sanctioned by a licensee
in pursuance of a requisition made under clause VI of the
Schedule to the Indian Electricity Act, 1910, or, ]
16[(c) within three months, after the service on him by the licensee of
a notice in writing in this behalf does not utilise any electrical
energy.]
(2) The licensee shall β
(i) before discontinuing or reducing the supply of electrical energy
under sub-section (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 17[ State]
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 17[ State ] Government recommence
the supply with all possible speed.
(3) The licensee shall report to the 17[State] Government within twenty - four
hours of its co ming to his notice every contravention of any direction given
IX of 1910.
1946 : Bom. XX ] Gujarat Electricity (Special Powers) Act, 1946
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under section 3, or clause (6) of sub-section (1).
5. (1) Notwithstanding anything contained in the Indian Electricity Act, 1910, or
in any licence granted thereunder or in any contract or agreement or in any
requisition, the 17[ State ] Government may, if in its opinion, it is necessary or
expedient for maintaining the supply or securing the equitable distribution of
electrical energy, by order direct a licensee β
(a) not to comply, except with the permission of the 17[ State ]
Govern- ment, with β
(i) the provisions of any contract, agreement or requisition
(whether made before or after the 18[ commencement of this
Act in any area)] for the supply (other than the resumption of
a supply) or an increase in the supply, of electrical energy, to
any person,
(ii) any requisition or 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 :
19[Provided that the 20[State] Government may by
order direct that it shall not be necessary to obtain such
permission if the licensee supplies electrical energy to such
consumers or class of consumers, to such extent and subject to
such conditions as may be specified in the order;]
(b) not to comply w ith 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) To obtain any permission required under sub-section (1), the licensee shall
make an application to the 20[State] Government in such form as the 20[State]
Government may notify in the Official Gazette in this behalf.
21[Where a requisition is made on the license under sub -clause (1) of
clause V or of clause VI of the Schedule to the Indian Electricity Act, 1910,
the licensee shall make the application to the 20[ State ] Government in
respect of such requisition within one month from the date of the receipt of
the requisition by him or within such longer period as the 20[State]
Government may allow.]
(3) On an application being made under sub -section (2) the 20[State]
Government may either refuse the permission sought or grant it either
absolutely or subject to such conditions as it may think fit to impose, and may
also call for such further particulars relating to the application as it may
require.
6. Notwithstanding anything contained in any contract or agreement, no person
receiving a supply of elec trical energy from a licensee notified in this behalf in the
Official Gazette by the 20[State] Government, shall use or cause to be used such
electrical energy in the area of supply of such licensee for exhibiting light intended
for advertisement on the ex terior of any premises, or on any plot of land or in any
street or open place.
22[ 6-A. (1) Notwithstanding anything contained in any law for the time being in
force, or any permission granted under sub -section (3) of section 5 or any
instrument having effect by virtue of any law, the 20[ State ] Government may
with a view to controlling distrib ution, supply, consumption or use of
Restriction on
supply of electrical
energy and
prohibition on
reconnection of
supply.
II of 1910.
IX of 1910.
Restriction on the
use of electrical
energy for the
purpose of
advertisement.
Power to regulate
supply of electrical
energy and periods
of work. 25* *
[1946 : Bom. XX Gujarat Electricity (Special Powers) Act, 1946
electrical energy make an order β
(a) for prohibiting or regulating subject to such conditions as it may
specify in the order, the distribution or supply of electrical energy by
a licensee or use of such energy by a consumer for any purposes
specified in such order 23[or for prohibiting a cons umer from
supplying or allowing the use of such energy or any part thereof to
any other person or undertaking] ;
(b) for determining the order of priority in which, or the period or
periods during which, work shall be done by an undertaking to which
24[or the consumer to whom] the supply of electrical energy is made
by a licensee.
(2) The 26[ State ] Government may make provisions in any order made under
sub-section (1) for any incidental or supplementary matters which it may
think necessary or expedient for the purposes of the order.
Explanation.-In this section "undertaking" means any public utility
undertaking or any undertaking by way of any trade or business and includes
a factory.
27[ 6-B. Notwithstanding anything contained in the Indian Electricity Act, 1910, or
the terms of any licence or sanction granted thereunder or an agreement for the
supply of electrical energy β
(a) if a licensee contravene s an order made under section 6 -A, it shall be
lawful for the 26[State ] Government to revoke the licence or sanction granted
to such licensee for the supply of electrical energy ; or
28[(b) if any undertaking or consumer contravenes an order made under
section 6-A, then β
(i) the State Government may by order direct the licensee to
discontinue or reduce indefinitely or for such period as is stated in the
order the supply of electrical energy made to such undertaking or
consumer, and the licensee shall t hereupon discontinue or reduce the
supply of electrical energy to such undertaking or consumer ; or
(ii) where the State Government, in order to meet an emergency or
such other circumstances, authorises (and the State Government is
hereby empowered so to authorise ), subject to such conditions as it
may specify, a licensee to discontinue the supply of electrical energy
made to an undertaking or consumer who contravenes an order under
section 6-A, the licensee himself may so discontinue the supply ; but
the licensee shall, on discontinuing the supply as aforesaid, report to
the State Government within 24 hours from the time of
discontinuance, the circumstances in which he has so done, and on
being directed by the State Government to do so, recommence the
supply with all possible speed. ]
27[6-C. (1) If any consumer fails to pay any fees leviable for inspection, e xamination
or test made or any other service rendered by an Electric Inspector or any
other officer" appointed to assist the Electric Inspector under the provisions
of the Indian Electricity Act, 1910, or any rules made thereunder, within ten
days from the date of the presentation of the bill for such inspection,
examination, test of rendering of service, the 26[State] Government or any
other officer authorized by the 26[ State ] Government in that behalf may,
notwithstanding anything contained in the Indian Electricity Act, 1910, or the
terms of any licence or sanction granted thereunder or any agreement for the
supply of electrical energy, by order in writing direct the licensee, without
prejudice to any other right to recover such fees, to discontinue the supply of
electrical energy to such consumer and the licensee shall thereupon
discontinue the supply of electrical energy to such consumer.
(2) On payment of such fees by the consumer, the 29[ State] Government or
II of 1910. Revocation of
licence or
discontinuance of
supply for breach of
order under section
6-A.
IX of 1910.
Discontinuance of
supply of energy to
consumer for
failure to pay fees
for services of
Electric Inspector
or his assistants
IX of 1910.
1946 : Bom. XX ] Gujarat Electricity (Special Powers) Act, 1946
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the authorized officer may by order in writing direct the licensee to reconnect
and recommence the supply of electrical energy, and the licensee shall
thereupon reconnect and recommence the" supply to the consumer as soon as
practicable:
Provided that the licensee shall not be bound to reconnect the supply
until the consumer pays to the licensee the charges for reconnecting the
supply. ]
7. Every order made by the Central or 29[ State ] Gover nment under sub - rule (2) of
rule 81 of the Defence of India Rules in respect of any of the matters specified in
sections 3, 4, 5 and 6 of this Act and in force immediately before the commencement
of this Act shall, so far as it could Validly be made by th e 29[ State ] Government
under the said sections, continue in force and be deemed to have been made under the
said sections, and every person authorised, permitted, directed or required to do
anything under or in pursuance of any such order shall, so far a s he could validly be
so authorised, permitted, directed or required, as the case may be, by the 29[ State ]
Government under any of the said sections of this Act, be deemed to have been so
authorised, permitted, directed or required, as the case may be, u nder the provisions
of this Act.
8. Any person who-
(a) contravenes-
(i) any order made or deemed to have been made under section 3, 4,
5, 30[6, 6-A, 6-B, or 6-C ]; or
(ii) any of the provisions of this Act; or
(b) is deemed to have been required or directed under section 3, 4, 5 or 6 to
do or refrain from doing anything fails to comply with such requirement or
direction,
shall, on conviction, be 31[ punished ] with imprisonment for a term
which may extend to six months or with fine or with both.
32[ 8-A. (1) Any officer authorized by the 29[ State] Government in this behalf, by
general or special order, may enter and inspect any premises for the purpose
of verifying whether an order made under this Act is complied with or not.
(2) Whoever voluntarily obstructs any person authorized under sub -section
(1) in the exercise of the powers conferred by that sub -section shall, on
conviction, be punished with imprisonment for a term which may extend to
three months or with fine which may extend to five hundred rupees or with
both.]
33[9. If the person referred to in section 8 is a local authority, its Chief Executive
Officer in charge of the undertaking of supplying electrical energy and if such person
is a company or other body corporate, the managing director, manager, secretary or
other principal officer managing its business shall, unless he proves that the
contravention took place without his know ledge or that he exercised all due diligence
to prevent such contravention, be deemed to be guilty of such contravention. ]
10. No Court shall take cognizance of any offience 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 34[ State] Government in this behalf.
11. (1) No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done in pursuance
of any order, direction or requirement made or deemed to have been made
under section 3, 4, 5 35[, 6, 6-A, 6-B or 6-C].
(2) No suit or other legal proceeding shall lie against the 36[ Government ] for
any damage caused or likely to be caused by anything which is in good faith
Continuance in
force of existing
Orders.
Penalties.
Power of entry, etc.
Offence by local
authorities and
corporations.
Cognizance of
offences.
Protection of action
taken under Act.
[1946 : Bom. XX Gujarat Electricity (Special Powers) Act, 1946
done or intended to be done in pursuance of any order 37[ direction or
requirement ] made or deemed to have been made under section 3, 4, 5 3[ 6,
6-A, 6-B or 6-C ].
12. 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 Indian Electricity Act, 1910.
38[13. (1) On the commencement of this Act in that part of the State of Bombay to
which it is extended by the Bombay Electri city ( Special Powers) (Extension
and Amendment) Act, 1958, the Saurashtra Electricity ( Special Powers) Act,
1953, shall stand repealed.
(2) Notwithstanding such repeal, anything done or action taken (including any
orders made or deemed to be made, or proceedings pending ) under any
provisions of the Act so repealed, shall be deemed to have been done, taken,
made or pending under the provisions of this Act; and accordingly such
proceedings shall be continued and disposed of under the provisions of this
Act.]
---------------------
1 For Statement of Objects and Reasons See Bombay Government Gazette, 1946 pt, V, page 122;
for proceeding in Assembly, see Bombay Legislative Assembly Debates, 1946, Vol. IX, and for
Proceedings in Council, see Bombay Legislative Council Debates, 1946, Vol. X.
ο« This Act was extended to that part of the State of Bombay to which immediately before the
commencement of Bom. 2 of 1959, it did not extend ( vide Bom. 2 of 1959, s. 2. )
2 These words were substituted for the words "to provide for the continuance of the powers to control" by
Bom. 41 of 194 9, P. 2.
3 These words were substituted for the words "Province of Bombay" by Bom. 2 of 1959, s.3.
9 These words were substituted for the words "commencement and duration" , by Bom. 41 of 1949 , s. 3 (3).
4 This word was substituted for the word "Emergency" by Bom. 41 of 1949, s.3(1).
5 This sub -section was substituted for the original by Bom. 2 of 1959, s.4(a).
6 These words were substituted for the words " State of Bombay " by the Gujarat Adap tation of Laws
(State and Concurrent Subjects) Order, 1960.
7 This portion was inserted by Bom. 2 of 1959 s. 4(b),
8 Sub-section (4) was deleted by Bom. 41 of 1949, s. 3 (2).
10 The word "licensee" was deleted, by Bom. 41 of 1949 , s. 4 (1).
11 This clause was inserted, by Bom. 41 of 1949 , s. 4 (2).
12 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1960.
13 Sub-clauses (i) and (ii) were substituted for the original by Bom. 2 of 1959, s. 5.
14 These words were substituted for the words and brackets "pre -Reorganisation State of Bombay (
excluding the transferred territories ) " by the Gujarat Adaptation of Laws ( State and Concurrent Subjects)
Order, 1960.
15 Those words were substituted for the words " State of Bombay " by the Gujarat Adaptation of Laws
( State and Concurrent Subjects) Order, 1960.
16 This clause was inserted by Bom. 41 of 1949, s. 5.
17 This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1 950.
18 These words and brackets were substituted for the words and bracket " commencement of this Act ) " by
Bom. 2 of 1959, s. 6.
19 This proviso was added by Bom. 41 of 1949, s. 6 (I).
20 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
21 This portion was added by Bom. 41 of 1949, s. 6 (2).
25 The words " in undertakings" were deleted, by Bom. 2 of 1959, s.7 (b).
22 Sections 6 -A, 6-B and 6 -C were inserted, by Bom. 41 of 1949, s. 7.
20 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
23 These words were inserted by Bom. 2 of 1959, s. 7 (a)(i).
24 These words were inserted, by Bom. 2 of 1959, s. 7 (a) ( ii).
26 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
27 Sections 6-A, 6-B and 6-C were inserted by Bom. 41 of 1949, s. 7.
28 This sub-clause was substituted for the original by Bom. 2 of 1959, s. 8.
29 This word was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
30 These figures, letters and word were substituted for the word figure "or 6" by Bom. 41 of 1949, s. 8(1)
31 This word was substituted for the word "punishable" by Bom. 41 of 1949, s. 8(3)
32 This Section was inserted, by Bom. 41 of 1949, s. 9.
Service of orders or
directions. IX of 1910.
Repeals and
savings. Bom. II of 1959.
Sau. Act III of
1953.
1946 : Bom. XX ] Gujarat Electricity (Special Powers) Act, 1946
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33 This section was substituted for the original by Bom. 41 of 1949, 8. 10. 34 This word was substituted for the word "Provincial" by the Adaptation of Laws Order,
1950.
35 These figures, letters and word were substituted for the word and figure "or 6", by Bom. 41
36 This word was substituted for the word "Grown" by the Adaptation of Laws Order, 1950.
37 These words were inserted by Bom. 41 of 1949, s. 11.
38 This section was inserted by Bom. 2 of 1969, s. 9.