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THE ELECTRICITY ACT, 1910
CONTENTS
PART I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART II
SUPPLY OF ENERGY LICENSES
3. Grant of licenses
4. Revocation or amendment of licenses
5. Provisions where license of licensee, not being a local authority, is revoked
6. Provisions where license of local authority is revoked
7. Purchase of undertaking
8. Provisions where no purchase and license revoked with consent of licensee
9. Licensee not purchase, or associate himself with, other licensed undertakings or transfer his
undertakings
10. General power for Government to vary terms of purchase
11. Annual accounts of licensee
12. Provisions as to the opening and breaking up of streets, railways and tramways
13. Notice of new works
14. Alteration of pipes or wires
15. Laying of electric supply-lines or other works near sewers, pipes or other electric supply-lines
works
Page 1 of 49
16. Streets, railways, tramways, sewers, drains or tunnels broken up to be reinstated without
delay
17. Notice to telegraph authority
18. Aerial lines
19. Compensation for damage
19A. Point where supply is delivered
20. Power for licensee to enter premises and to remove fittings or other apparatus of licensee
21. Restrictions on licensee’s controlling or interfering with use of energy
22. Obligation on licensee to supply energy
23. Charges for energy to be made without undue preference
24. Discontinuance of supply to consumer neglecting to pay charge
25. Exemption of electric supply lines or other apparatus from attachment in certain cases
26. Meters
26A. Dishonest abstraction or consumption of energy
27. Supply of energy outside area of supply
PART III
SUPPLY, TRANSMISSION AND USE OF ENERGY BY NON-LICENSEES
28. Sanction required by non-licensees in certain cases
29. Power for non-licensees to break up streets
29A. Application of section 18 to aerial lines maintained by railways
30. Control of transmission and use of energy
PATR IV
GENERAL
31. Protection of railways and canals, docks, wharves and piers
32. Protection of telegraphic, telephonic and electric signaling lines
33. Notice of accidents and inquiries
34. Prohibition of connection with earth, and power for Government to interfere in certain cases
of default
Page 2 of 49
35. Advisory Boards
36. Appointment of Electric Inspectors
36A. Electricity Board
37. Power for Board to make rules
38. Further provisions respecting rules
39. Theft of energy
39A. Penalty for installation of artificial means, etc.
40. Penalty for maliciously wasting energy or injuring works
41. Penalty for unauthorized supply of energy by non-licensees
42. Penalty for illegal or defective supply or for non-compliance with order
43. Penalty for illegal transmission or use of energy
44. Penalty for interference with meters or licensee’s works and for improper use of energy
45. Penalty for extinguishing public lamps
46. Penalty for negligently wasting energy or injuring works
47. Penalty for offences not otherwise provided for
48. Penalties not to affect other liabilities
49. Penalties where works belong to Government
50. Institution of prosecutions
50A. Cognizance of offences, etc.
51. Exercise in certain cases of powers of telegraph authority
52. Arbitration
53. Service of notices, orders or documents
54. Recovery of sums recoverable under certain provisions of Act
54A. Charges for supply of energy recoverable as arrears of land revenue
54B. Requisition of Police assistance
54C. Bar of Jurisdiction
Page 3 of 49
55. Delegation of certain functions of Provincial Government to Electric Inspectors
56. Protection for acts done in good faith
57. Amendment of the Land Acquisition Act, 1894
58. Repeals and savings
THE SCHEDULE
Page 4 of 49
THE ELECTRICITY ACT, 1910
1
ACT No. IX OF 1910
[18th March, 1910]
An Act to amend the law relating to the supply and use of electrical energy
WHEREAS it is expedient to amend the law relating to the supply and use of electrical energy;
It is hereby enacted as follows:–
PART I
PRELIMINARY
1. Short title, extent and commencement.___(1) This Act may be called the 2[*] Electricity
Act, 1910.
3
[(2) It extends to the whole of Pakistan.]
(3) It shall come into force on such date4 as the 5[Federal Government] may, by notification in
the 6[official Gazette], direct in this behalf.
2. Definitions.___ In this Act, expressions defined in the Telegraph Act, 1885 (XIII of 1885),
have the meanings assigned to them in that Act, and, unless there is anything repugnant in the subject
or context,—
(a) “aerial line” means any electric supply-line which is placed above ground and
in the open air:
(b) “area of supply” means the area within which alone a licensee is for the time
being authorized by his license to supply energy:
(c) “consumer” means any person who is supplied with energy by a licensee, or
7
[who is the owner or occupier of the premises which] are for the time being
connected for the purposes of a supply of energy with the works of a licensee:
1
The Act has been amended in its application to the Province of Punjab by Punjab Ordinance, XXIX of 1971.
The Act has been supplemented In Baluchistan by the Biritish Baluchistan Electricity (Emergency Powers) Regulation, 1947, (Reg. II of 1947), extended
to the Leased Areas of Baluchistan, by the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950); and applied in the Federated Area of Baluchistan, see
Gazette of India, 1937, Pt. I, p. 1499.
The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., and extended to the
Excluded Area of Upper Tanawal other that Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in
force in that area with effect from the 1st June, 1951, see N.W.F.P. Gazette, Extraordinary, dated the 1st June, 1951.
It has also been extended to–
(i) the Baluchistan State Union, by the Baluchistan States Union. (Federal Laws)
(Extension) Order, 1953 (G.G.O, 4 of 1953);
(ii) the State of Bahawalpur, by the Bahawalpur (Extension of Federal Laws Order. 1953 (G.G.O.11 of 1953) and
(iii) the Khairpur State by G. G.O. 5 of 1953.
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application
of Central Laws) Ordinance, 1960 (31 of 1960). s. 2. 2
2
The word “Indian” omitted by A.O, 1949.
3
Subs. by the Central Laws (Statute, Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub-section
(2) as amended by A O. 1949 and the Federal Law’s (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 8,
4
The 1st January, 1911, see Gen. R . & O.
5
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O., 1937 , for “G.G. in C”.
6
Subs. by A.O., 1937, for “Gazette of India”
7
Subs. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s. 2, for “whose premises”. 3
Page 5 of 49
(d) “daily fine” means a fine for each day on which an offence is continued after
conviction therefor:
(e) “distributing main” means the portion of any main with which a service line is,
or is intended to be, immediately connected: .
(f) “electric supply line” means a wire, conductor or other means used for
conveying, transmitting or distributing energy together with any casing, coating,
covering, tube, pipe or insulator enclosing, surrounding or supporting the same
or any part thereof, or any apparatus connected therewith for the purpose of so
conveying, transmitting or distributing such energy:
(g) “energy” means electrical energy when generated, transmitted, supplied or used
for any purpose except the transmission of a message:
(h) “licensee” means any person licensed under Part II to supply energy:
(i) “main” means any electric supply, line through which energy is, or is intended
to be, supplied by a licensee to the public:
(j) “prescribed” means prescribed by rules made under this Act:
(k) “public lamp” means an electric-lamp used for the lighting of any street:
1
[(1) “service line” means any electric supply-line through which energy is, or is
intended to be, supplied by a li censee—
(i) to a single consumer either from a distributing main or immediately from
the licensee’s premises, or
(ii) from a distributing main to a group of consumers on the same premises
or on adjoining premises supplied from the same point of the distributing
main:]
(m) “street” includes any way, road, lane, square, court, alley passage or open space,
whether a thoroughfare or not, over which the public have a right of way, and
also the roadway and footway over any public bridge or causeway : and
(n) “works” includes electric supply-lines and any buildings, machinery or
apparatus required to supply energy and to carry into effect the objects of a
license granted under Part II.
PART II
SUPPLY OF ENERGY
Licenses
3. Grant of licenses.___(1) The 2[Provincial Government] may, on application made in the
prescribed form and on payment of the prescribed fee (if any), grant to any person a license to supply
energy in any specified area, and also to lay down or place electric supply-lines for the conveyance
and transmission of energy,___
1
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 2, for the original clause (1).
2
Subs. by A.O., 1937, for “L. G.”. 4
Page 6 of 49
(a) where the energy to be supplied is to be generated outside such area from a
generating station situated outside such area to the boundary of such area, or
(b) where energy is to be conveyed or transmitted from any place in such area to
any other place therein, across an intervening area not included therein, across
such area.
(2) In respect of every such license and the grant thereof the following provisions shall have
effect, namely :—
(a) any person applying for a license under this Part shall publish a notice of his
application in the prescribed manner and with the prescribed particulars, and the
license shall not be granted –
(i) until all objections received by the l[Provincial Government] with
reference thereto have been considered by it:
Provided that no objection shall be so considered unless it is received before the expiration of
three months from the date of the first publication of such notice as aforesaid; and
(ii) until, in the case of an application for a license for an area including the
whole or any part of any cantonment, fortress, arsenal, dockyard or camp
or of any building or place in the occupation of the Government for naval
or military purposes, the l[Provincial Government] has ascertained that
there is no objection to the grant of the license on the part of the
2
[Engineer-in-Chief,3[General Head Quarters, Pakistan]] ;
(b) where an objection is received from any local authority concerned, the
l
[Provincial Government] shall, if in its opinion the objection is insufficient;
record in writing, and communicate to such local authority its reasons for such
opinion;
(c) no application for a license under this Part shall be made by any local authority
except in pursuance of a resolution passed at a meeting of such authority held
after one month’s previous notice of the same and of the purpose thereof has
been given in the manner in which notices of meetings of such local authority
are usually given;
(d) a license under this Part___
(i) may prescribe such terms as to the limits within which, and the
conditions under which, the supply of energy is to be compulsory or
permissive, and as to the limits of price to be charged in respect of the
supply of energy, and generally as to such matters as the l[Provincial
Government] may think fit ; and
1
Subs. by A. O., 1937, for "L. G.".
2
Subs. by the Repealing and Amending Act, 1925 (XXXVII of 1925), s.2 and First Sch., for “Director of Military Works” which had been subs. for the
original words “General Officer Commanding the Division” by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 3.
3
Subs. by A. O., 1949, for “Army Headquarters, India”. 5
Page 7 of 49
(ii) save in cases in which under section 10, clause (b), the provisions of
sections 5 and 7, or either of them, have been declared not to apply,
every such license shall declare whether any generating station to be
used in connection with the undertaking shall or shall not form part of
the undertaking for the purpose of purchase under section 5 or section
7;
(e) the grant of a license under this Part for any purpose shall not in any way hinder
or restrict the grant of a license to another person within the same area of supply
for a like purpose;
(f) the provisions contained in the Schedule shall be deemed to be incorporated
with, and to form part of, every license granted under this Part, save in so far as
they are expressly added to, varied or excepted by the license, and shall, subject
to any such additions, variations or exceptions which the l[Provincial
Government] is hereby empowered to make, apply to the undertaking
authorized by the license:
Provided that, where a license is granted in accordance with the provisions of clause IX of the
Schedule for the supply of energy to other licensees for distribution by them, then, in so far as such
license relates to such supply, the provisions of clauses IV, V, VI, VII, VIII, and XII of the Schedule
shall not be deemed to be incorporated with the license.
2
[* * * * * * *]
4. Revocation or amendment of licenses.–(1)The l[Provincial Government] may, if in its
opinion the public interest so requires, revoke a license in any of the following cases, namely:___
(a) where the licensee, in the opinion of the 1[Provincial Government], makes wilful
and unreasonably prolonged default in doing anything required of him by or
under this Act;
(b) where the licensee breaks any of the terms or conditions of his license the breach
of which is expressly declared by such license to render it liable to revocation;
(c) where the licensee fails, within the period fixed in this behalf by his license or
any longer period which the 1[Provincial Government] may substitute therefor
by order under sub-section (3), clause (b), and before exercising any of the
powers conferred on him thereby in relation to the execution of works,___
(i) to show, to the satisfaction of the 1[Provincial Government], that he is
in a position fully and efficiently to discharge the duties and obligations
imposed on him by his license, or
(ii) to make the deposit or furnish the security required by his license;
(d) where the licensee is, in the opinion of the 1[Provincial Government], unable,
by reason of his insolvency, fully and efficiently to discharge the duties and
obligations imposed on him by his license.
1
Subs. by A. O., 1937 for “L. G.”.
2
Sub-section (3) was omitted by the Devolution Act, 1920 (XXXVIII of 1920). s. 2 and First Sch. 6
Page 8 of 49
(2) Where the l[Provincial Government] might, under subsection (1), revoke a license, it may,
instead of revoking the license, 2[impose on the licensee a penalty, not exceeding ten thousand rupees,
and permit the license to remain in force] subject to such further terms and conditions as it thinks fit
to impose, and any further terms or conditions so imposed shall be binding upon, and be observed by,
the licensee, and shall be of like force and effect as if they were contained in the license.
(3) Where in its opinion the public interest so permits, the l[Provincial Government] may, on
the application or with the consent of the licensee, and, if the licensee is not a local authority, after
consulting the local authority (if any) concerned,___
(a) revoke a license as to the whole or any part of the area of supply upon such
terms and conditions as it thinks fit, or
(b) make such alterations or amendments in the terms and conditions of a license,
including the provisions specified in section 3, sub-section (2), clause (f), as it
thinks fit.
5. Provisions where license of licensee, not being a local authority, is revoked.–Where the
1
[Provincial Government] revokes under section 4, sub-section (1), the license of a licensee, not being
a local authority, the following provisions shall have effect, namely:___
(a) the 1[Provincial Government] shall serve a notice of the revocation upon the
licensee, and, where the whole of the area of supply is included in the area for
which a single local authority is constituted, upon that local authority also, and
shall in the notice fix a date on which the revocation shall take effect; and on
and with effect from that date, all the powers and liabilities of the licensee under
this Act shall absolutely cease and determine;
(b) where a notice has been served on a local authority under clause (a), the local
authority may, within three months after the service of the notice, and with the
written consent of the l[Provincial Government], by notice in writing, require
the licensee to sell, and the re upon the licensee shall sell, the undertaking to the
local authority on payment of the value of all lands, buildings, works, materials
and plant of the licensee suitable to, and used by him for, the purposes of the
undertaking, other than a generating station declared by the license not to form
part of the undertaking for the purpose of purchase, such value to be, in case of
difference or dispute, determined by arbitration:
Provided that the value of such lands, buildings, works, materials and plant shall be deemed
to be their fair market-value at the time of purchase, due regard being had to the nature and condition
for the time being of such lands, buildings, works, materials and plant, and to the state of repair
thereof, and to the circumstance that they are in such a position as to be ready for immediate
working, and to the suitability of the same for the purposes of the undertaking but without any
addition in respect of compulsory purchase or of goodwill or of any profits which may be or might
have been made from the undertaking, or of any similar considerations;
1
Subs. by A. O., 1937, for “L. G.”.
2
Subs. by the Electricity Act, (Amdt.) Ordinance, 1962 (VI of 19.62) s. 2. for “permit it to remain in force”. 7
Page 9 of 49
(c) where no purchase has been effected by the local authority under clause (b), and
any other person is willing to purchase the undertaking, the l[Provincial
Government] may, if it thinks fit, with the consent of the licensee, or without
the consent of the licensee in case the price is not less than that for which the
local authority might have purchased the same, require the licensee to sell, and
thereupon the licensee shall sell, the undertaking to such other person;
(d) where no purchase has been effected under clause (b) or clause (c) within such
time as the l[Provincial Government] may consider reasonable, or where the
whole of the area of supply is not included in the area, for which a single local
authority is constituted, the 1[Provincial Government] shall have the option of
purchasing the undertaking and if the l[Provincial Government] elects to
purchase, the licensee shall sell the undertaking to the l[Provincial Government]
upon terms and conditions similar to those set forth in clause (b);
(e) where a purchase has been effected under any of the preceding clauses,–
(i) the undertaking shall vest in the purchasers free from any debts,
mortgages or similar obligations of the licensee or attaching to the under
taking:
Provided that any such debts, mortgages or similar obligations shall attach to the purchase-
money in substitution for the undertaking; and
(ii) the revocation of the license shall extend only to the revocation of the
rights, powers, authorities, duties and obligations of the licensee from
whom the undertaking is purchased, and, save as aforesaid, the license
shall remain in full force, and the purchaser shall be deemed to be the
licensee:
Provided that where the l[Provincial Government] elects to purchase under clause (d), the
license shall, after purchase, in so far as the l[Provincial Government] is concerned, cease to have any
further operation;
(f) where no purchase has been effected under any of the foregoing clauses, the
licensee shall have the option of disposing of all lands, buildings, works,
materials and plant belonging to the undertaking in such manner as he may think
fit:
Provided that, if the licensee does not exercise such option within a period of six months from
the date on which the same became exercisable, the 1[Provincial Government] may forthwith cause the
works of the licensee in, under, over, along or across any street to be removed and every such street to
be reinstated, and recover the cost of such removal and reinstatement from the licensee;
(g) if the licensee has been required to sell the undertaking, and if the sale has not
been completed by the date fixed in the notice issued under clause (a), the
purchaser may, with the previous sanction of the 1[Provincial Government],
work the undertaking pending the completion of the sale.
1
Subs. by A. O., 1937, for “L. G.” 8
Page 10 of 49
6. Provisions where license of local authority is revoked.–(1) Where the l[Provincial
Government] revokes the license of a local authority under section 4, sub-section (1), and any person
is willing to purchase the undertaking, the 1[Provincial Government] may, if it thinks fit, require the
local authority to sell, and thereupon the local authority shall sell, the undertaking to such person on
such terms as the 1[Provincial Government] thinks just.
(2) Where no purchase has been effected under sub-section (1), the licensee shall have the
option of disposing of all lands, buildings, works, materials and plant belonging to the under-taking in
such manner as he may think fit:
Provided that, if the licensee does not exercise such option within a period of six months from
the date on which the same became exercisable, the l[Provincial Government] may forthwith cause the
works of the licensee in, under, over, along or across any street to be removed and every such street to
be reinstated, and recover the cost of such removal and reinstatement from the licensee.
7. Purchase of undertaking.–(1) Where a license has been granted to any person not being a
local authority, and the whole of the area of supply is included in the area for which a single local
authority is constituted, the local authority shall, on the expiration of such period, not exceeding fifty
years, and of every such subsequent period, not exceeding twenty years, as shall be specified in this
behalf in the license, have the option of purchasing the undertaking, and, if the local authority, with
the previous sanction of the 1[Provincial Government], elects to purchase, the licensee shall sell the
undertaking to the local authority on payment of the value of all lands, buildings, works, materials and
plant of the licensee suitable to, and used by him for, the purposes of the undertaking, other than a
generating station declared by the license not to form part of the undertaking for the purpose of
purchase, such value to be, in case of difference or dispute, determined by arbitration:
Provided that the value of such lands, buildings, works, materials and plant shall be deemed to
be their fair market-value at the time of purchase, due regard being had to the nature and condition for
the time being of such lands, buildings, works, materials and plant, and to the state of repair thereof
and to the circumstance that they are in such a position as to be ready for immediate working, and to
the suitability of the same for the purposes of the undertaking:
Provided also that there shall be added to such value as aforesaid such percentage, if any, not
exceeding twenty per centum on that value as may be specified in the license, on account of
compulsory purchase.
(2) Where–
(a) the local authority does not elect to purchase under sub-section (1), or
(b) the whole of the area of supply is not included in the area for which a single
local authority is constituted, or
(c) a licensee supplies energy from the same generating station to two or more areas
of supply, each controlled by its own local authority, and has been granted a
license in respect of each area of supply,
l
Subs. by A.O. 1937 for “L. G,.” 9
Page 11 of 49
l
[Provincial Government] shall have the like option upon the like terms and conditions.
(3) Where a purchase has been effected under sub-section (1) or sub-section (2),___
(a) the undertaking shall vest in the purchasers free from any debts, mortgages or
similar obligations of the licensee or attaching to the undertaking:
Provided that any such debts, mortgages or similar obligations shall attach to the purchase-
money in substitution for the undertaking; and
(b) save as aforesaid, the license shall remain in full force, and the purchaser shall
be deemed to be the licensee:
Provided that where the l[Provincial Government] elects to purchase under sub-section (2), the
license shall, after purchase, in so far as the l[Provincial Government] is concerned, cease to have any
further operation.
(4) Not less than two years’ notice in writing of any election to purchase under this section
2
shall be served upon the licensee by the local authority or the l[Provincial Government], as the case
may be.
(5) Notwithstanding anything hereinbefore contained, a local authority may, with the previous
sanction of the l[Provincial Government], waive its option to purchase and enter into an agreement
with the licensee for the working by him of the undertaking until the expiration of the next subsequent
period referred to in sub-section (1), upon such terms and conditions as may be stated in such
agreement.
8. Provisions where no purchase and license revoked with consent of licensee.–Where, on
the expiration of any of the periods referred to in section 7, sub-section (1), neither a local authority
nor the 1[Provincial Government] purchases the undertaking, and the license is, on the application or
with the consent of the licensee, revoked, the licensee shall have the option of disposing of all lands,
buildings, works, materials and plant belonging to the undertaking in such manner as he may think fit:
Provided that, if the licensee does not exercise such option within a period of six months, the
l
[Provincial Government] may proceed to take action as provided in section 5, clause (f), proviso.
9. Licensee not purchase, or associate himself with, other licensed undertakings or
transfer his undertakings.–(1) The licensee shall not, at any time without the previous consent in
writing of the 1[Provincial Government], acquire, by purchase or otherwise, the license or the
undertaking of, or associate himself so far as the business of supplying energy is concerned with, any
person supplying, or intending to supply, energy under any other license, and, before applying for such
consent, the licensee shall give not less than one month’s notice of the application to every local
authority, both in the licensee’s area of supply and also in the area or district in which such other person
supplies, or intends to supply, energy:
Provided that nothing in this sub-section shall be construed to require the consent of the
l
[Provincial Government] for the supply of energy by one licensee to another in accordance with the
provisions of clause IX of the Schedule.
1
Subs. by A. O., 1937, for “L. G”. 10
2
This sub-section has been amended in the Punjab by the Punjab Electricity Act, 1939 (Punjab Act VI of 1939). 11
Page 12 of 49
(2) The licensee shall not at any time assign his license or transfer his undertaking, or any part
thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the
1
[Provincial Government].
(3) Any agreement relating to any transaction of the nature described in sub-section (1) or sub-
section (2), unless made with, or subject to such consent as aforesaid, shall be void.
10. General power for Government to vary terms of purchase.–Notwithstanding anything
in sections 5, 7 and 8, the 1[Provincial Government] may, 2[* * *] ,in any license to be granted under
this Act,–
(a) vary the terms and conditions upon which, and the periods on the expiration of
which, the licensee shall be bound to sell his undertaking, or
(b) direct that, subject to such conditions and restrictions (if any) as it may think fit
to impose, the provisions of the said sections or any of them shall not apply.
11. Annual accounts of licensee.–(1) Every licensee shall, unless expressly exempted from
the liability by his license, or by order in writing of the 1[Provincial Government], prepare and render
to the l[Provincial Government] or to such authority as the l[Provincial Government] may appoint in
this behalf, on or before the prescribed date in each year, an annual statement of accounts of his
undertaking made up to such date, in such form, and containing such particulars, as may be prescribed
in this behalf.
(2) The licensee shall keep copies of such annual statement at his office, and sell the same to
any applicant at a price not exceeding five rupees per copy.
Works
12. Provisions as to the opening and breaking up of streets, railways and tramways.–(1)
Any licensee may, from time to time but subject always to the terms and conditions of his license,
within the area of supply, or when permitted by the terms of his license to lay down or place electric
supply-lines without the area of supply, without that area___
(a) open and break up the soil and payment of any street, railway or tramway;
(b) open and break up any sewer, drain or tunnel in or under any street, railway or
tramway;
(c) lay down and place electric supply-lines and other works;
(d) repair, alter or remove the same; and
(e) do all other acts necessary for the due supply of energy,
(2) Nothing contained in sub-section (1) shall be deemed to authorize or empower a licensee, without
the consent of the local authority or of the owner and occupier concerned, as the case may be, to lay
down or place any electric supply-line or other work in, through or against any building, or on, over
or under any land not dedicated to public use whereon, where over or where under any electric supply-
line or work has not already been lawfully laid down or placed by such licensee:
1
Subs. by A. O., 1937, for “L. G.”.
2
The words “with the previous sanction of the G.G. in C” omitted by the Devoluation Act, 1920 (XXXVIII of 1920), s. 2. and First Sch. 12
Page 13 of 49
Provided that any support of an aerial line or any stay or strut required for the sole purpose of
securing in position any support of an aerial line may be fixed on any building or land or, having been
so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or
land, if the District Magistrate 1[* * *] by order in writing so directs:
Provided, also, that, if at any time the owner or occupier of any building or land on which any
such support, stay or strut has been fixed shows sufficient cause, the District Magistrate 1[* * *] may
by order in writing direct any such support, stay or strut to be removed or altered.
(3) When making an order under sub-section (2), the District Magistrate 2[* * *], shall fix the
amount of compensation or of annual rent, or of both, which should in his opinion be paid by the
licensee to the owner or occupier.
(4) Every order made by a District Magistrate 3[* * *] under sub-section (2) shall be subject to
revision by the 4[Provincial Government].
(5) Nothing contained in sub-section (1) shall be deemed to authorize or empower any licensee
to open or break up any street not repairable by 5[the, 6[Federal Government] or the Provincial
Government] or a local authority, or any railway or tramway except such streets, railways or tramways
(if any), or such parts thereof, as he is specially authorized to break up by his license, without the
written consent of the person by whom the street is repairable or of the person for the time being
entitled to work the railway or tramway unless with the written consent of the 4[Provincial
Government]:
Provided that the 4[Provincial Government] shall not give any such consent as aforesaid, until
the licensee has given notice by advertisement or otherwise as the 4[Provincial Government] may
direct, and within such period as the 4[Provincial Government] may fix in this behalf, to the person
above referred to, and until all representations or objections received in accordance with the notice
have been considered by the 4[Provincial Government].
13. Notice of new works.–(1) Where the exercise of any of the powers of a licensee in relation
to the execution of any works involves the placing of any works in, under, over, along or across any
street, part of a street, railway, tramway, canal or waterway, the following provisions shall have effect,
namely:___
(a) not less than one month before commencing the execution of the works (not
being a service line immediately attached, or intended to be immediately
attached, to a distributing main, or the repair, renewal or amendment of existing
works of which the character or position is not to be altered), the licensee shall
serve upon the person responsible for the repair of the street or part of a street
(hereinafter in this section referred to as “the repairing authority”) or upon the
person for the time being entitled to work the railway, tramway, canal or
waterway (hereinafter in this section referred to as “the owner”),
1
The original words “or, in a Presidency-town or Rangoon the Commissioner of Police” as amended by A. O., 1937, were omitted by A. O., 1949.
2
The words “or the Commissioner of Police, as the case may be” omitted by A. O., 1949.
3
The words “or a Commissioner of Police” omitted ibid.
4
Subs. by A. O., 1937, for “L G.”.
5
Subs. ibid., for “the Govt.”.
6
Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
Page 14 of 49
as the case may be, a notice in writing describing the proposed works, together
with a section and plan thereof on a scale sufficiently large to show clearly the
details of the proposed works, and not in any case smaller than one inch to eight
feet vertically and sixteen inches to the mile horizontally and intimating the
manner in which, and the time at which, it is proposed to interfere with or alter
any existing works, and shall, upon being required to do so by the repairing
authority or owner, as the case may be, from time to time give such further
information in relation thereto as may be desired;
(b) if the repairing authority intimates to the licensee that it disapproves of such
works, section or plan, or approves thereof subject to amendment, the licensee
may, within one week of receiving such intimation, appeal to the 1[Provincial
Government], whose decision, after considering the reasons given by the
repairing authority for its action, shall be final;
(c) if the repairing authority fails to give notice in writing of its approval or
disapproval to the license within one month, it shall be deemed to have approved
of the works, section and plan, and the licensee, after giving not less than forty-
eight hours’ notice in writing to the repairing authority, may proceed to carry
out the works in accordance with the notice and the section and plan served
under clause (a);
(d) if the owner disapproves of such works, section or plan, or approves thereof
subject to amendment, he may, within three weeks after the service of the notice
under clause (a), serve a requisition upon the licensee demanding that any
question in relation to the works or to compensation, or to the obligations of the
owner to others in respect thereof, shall be determined by arbitration, and
thereupon the matter shall, unless settled by agreement, be determined by
arbitration;
(e) where no requisition has been served by the owner upon the licensee under
clause (d), within the time named, the owner shall be deemed to have approved
of the works, section and plan, and in that case, or where after a requisition for
arbitration the matter has been determined by arbitration, the works may, upon
payment or securing of compensation, be executed according to the notice and
the section and plan, subject to such modifications as may have been determined
by arbitration or agreed upon between the parties;
(f) where the works to be executed consist of the laying of any underground
service line immediately attached, or intended to be immediately attached, to a
distributing main, the licensee shall give to the repairing authority or the owner,
as the case may be, not less than forty-eight hours’ notice in writing of his
intention to execute such works;
1
Subs. by A. O., 1937, for “L. G.”. 14
Page 15 of 49
(g) where the works to be executed consist of the repair, renewal or amendment of
existing works of which the character or position is not to be altered, the licensee
shall, except in cases of emergency, give to the repairing authority, or to the
owner, as the case may be, not less than forty-eight hours’ notice in writing of
his intention to execute such works, and, on the expiry of such notice, such
works shall be commenced forthwith and shall be carried on with all reasonable
despatch, and, if possible, both by day and by night until completed.
(2) Where the licensee makes default in complying with any of these provisions, he shall make
full compensation for any loss or damage incurred by reason thereof, and, where any difference or
dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.
(3) Notwithstanding anything in this section, the licensee may, in case of emergency due to the
breakdown of an underground electric supply-line, after giving notice in writing to the repairing
authority or the owner, as the case may be, of his intention to do so, place an aerial line without
complying with the provisions of sub-section (1):
Provided that such aerial line shall be used only until the defect in the underground electric
supply-line can be made good, and in no case (unless with the written consent of the 1[Provincial
Government] for a period exceeding six weeks, and shall be removed as soon as may be after such
defect is removed.
14. Alteration of pipes or wires.–(1) Any licensee may alter the position of any pipe (not
forming, in a case where the licensee is not a local authority, part of a local authority’s main sewer),
or of any wire under or over any place which he is authorized to open or break up, if such pipe or wire
is likely to interfere with the exercise of his powers under this Act; and any person may alter the
position of any electric supply lines or works of a licensee under or over any such place as aforesaid,
if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers
vested in him.
(2) In any such case as aforesaid the following provisions shall, in the absence of an agreement
to the contrary between the parties concerned, apply, namely:___
(a) not less than one month before commencing any alteration, the licensee or other
person desiring to make the same (hereinafter in this section referred to as “the
operator”) shall serve upon the person for the time being entitled to the pipe,
wire, electric supply-lines or works as the case may be (hereinafter in this
section referred to as “the owner”), a notice in writing, describing the proposed
alteration, together with a section and plan thereof on a scale sufficiently large
to show clearly the details of the, proposed works, and not in any case smaller
than one inch to eight feet vertically and sixteen inches to the mile horizontally,
and intimating the time when it is to be commenced, and shall subsequently give
such further information in relation thereto as the owner may desire;
1
Subs. by A. O., 1937, for “L. G.”. 15
Page 16 of 49
(b) within fourteen days after the service of the notice, section and plan upon the
owner, the owner may serve upon the operator a requisition to the effect that
any question arising upon the notice, section or plan shall be determined by
arbitration, and thereupon the matter shall, unless settled by agreement, be
determined by arbitration;
(c) every arbitrator to whom a reference is made under clause (b) shall have regard
to any duties or obligations which the owner is under, and may require the
operator to execute any temporary or other works so as to avoid, as far as
possible, interference therewith;
(d) where no requisition is served upon the operator under clause (b) within the time
named, or where such a requisition has been served and the matter has been
settled by agreement or determined by arbitration, the alteration may, upon
payment or securing of any compensation accepted or determined by arbitration,
be executed in accordance with the notice, section and plan and subject to such
modifications as may have been determined by arbitration or agreed upon
between the parties.;
(e) the owner may at any time before the operator is entitled to commence the
alteration, serve upon the operator a statement in writing to the effect that he
desires to execute the alteration himself and requires the operator to give such
security for the repayment of any expenses as may be agreed upon or, in default
of agreement, determined by arbitration;
(f) where a statement is served upon the operator under clause (e), he shall, not less
than forty-eight hours before the execution of the alteration is required to be
commenced, furnish such security and serve upon the owner a notice in writing
intimating the time when the alteration is required to be commenced, and the
manner in which it is required to be made; and thereupon the owner may proceed
to execute the alteration as required by the operator;
(g) where the owner declines to comply, or does not, within the time and in the
manner prescribed by a notice served upon him under clause (f), comply with
the notice, the operator may himself execute the alteration;
(h) all expenses properly incurred by the owner in complying with a notice served
upon him by the operator under clause (f) may be recovered by him from the
operator.
(3) Where the licensee or other person desiring to make the alteration makes default in
complying with any of these provisions, he shall make full compensation for any loss or damage
incurred by reason thereof, and, where any difference or dispute arises as to the amount of such
compensation, the matter shall be determined by arbitration.
15. Laying of electric supply-lines or other works near sewers, pipes or other electric
supply-lines works.–(1) Where–
Page 17 of 49
(a) the licensee requires to dig or sink, any trench for laying down any new electric
supply-lines or other works, near to which any sewer, drain, water-course or
work under the control of the 1[Provincial Government] or of any local
authority, or any pipe, syphon, electric supply-line or other work belonging to
any duly authorized person, has been lawfully placed, or
(b) any duly authorized person requires to dig or sink any trench for laying down
or constructing any new pipes or other works, near to which any electric supply-
lines or works of a licensee have been lawfully placed, the licensee or such duly
authorized person, as the case may be (hereinafter in this section referred to as
“the operator”), shall, unless it is otherwise agreed upon between the parties
interested or in case of sudden emergency, give to the 1[Provincial Government]
or local authority, or to such duly authorized person or to the licensee, as the
case may be (hereinafter in this section referred to as “the owner”), not less than
forty-eight hours’ notice in writing before commencing to dig or sink the trench
and the owner shall have the right to be present during the execution of the work,
which shall be executed to the reasonable satisfaction of the owner.
(2) Where the operator finds it necessary to undermine, but not to alter, the position of any
pipe, electric supply-line or work, he shall support it in position during the execution of the work, and
before completion shall provide a suitable and proper foundation for it where so undermined.
(3) Where the operator (being the licensee) lays any electric supply-line across, or so as to be
liable to touch, any pipes, lines or service-pipes or service-lines belonging to any duly authorized
person or to any person supplying, transmitting or using energy under this Act, he shall not, except
with the written consent of such person and in accordance with section 34, sub-section (1), lay his
electric supply lines so as to come into contact with any such pipes, lines or service pipes or service-
lines.
(4) Where the operator makes default in complying with any of the provisions of this section,
he shall make full compensation for any loss or damage incurred by reason thereof.
(5) Where any difference or dispute arises under this, section, the matter shall be determined
by arbitration.
(6) Where the licensee is a local authority, the-references in this section to the local authority
and to sewers, drains, water courses or works under its control shall not apply.
16. Streets, railways, tramways, sewers, drains or tunnels broken up to be reinstated
without delay.–(1) Where any person, in exercise of any of the powers conferred by or under this Act,
opens or breaks up the soil or pavement of any street, railway or tramway, or any sewer, drain or
tunnel, he shall–
(a) immediately cause the part opened or broken up to be fenced and guarded;
(b) before sunset cause a light or lights, sufficient for the warning of passengers, to
be set up and maintained until sunrise against or near the part opened or broken
up;
l
Subs. by A. 0., 1937, for “L, G.”, 17
Page 18 of 49
(c) with all reasonable speed fill in the ground and reinstate and make good the soil
or pavement, or the sewer, drain or tunnel, opened or broken up, and carry away
the rubbish occasioned by such opening or breaking up ; and
(d) after reinstating and making good the soil or pavement, or the sewer, drain or
tunnel broken or opened up, keep the same in good repair for three months and
for any further period, not exceeding nine months, during which subsidence
continues.
(2) Where any person fails to comply with any of the provisions of sub-section (1), the person
having the control or management of the street, railway, tramway, sewer, drain or tunnel in respect of
which the default has occurred, may cause to be executed the work which the defaulter has delayed or
omitted to execute, and may recover from him the expenses incurred in such execution.
(3) Where any difference or dispute arises as to the amount of the expenses incurred under sub-
section (2), the matter shall be determined by arbitration. .
17. Notice to telegraph authority.–(1) A licensee shall, before laying down or placing, within
ten yards of any part of any telegraph-line, any electric supply-line or other works l[not being either
service lines] or electric supply-lines for the repair, renewal or amendment of existing works of which
the character or position is not to be altered), give not less than ten days notice in writing to the
telegraph-authority, specifying–
(a) the course of the works or alteration proposed,
(b) the manner in which the works are to be utilised,
(c) the amount and nature of the energy to be transmitted, and
(d) the extent to, and manner in, which (if at all) earth returns are to be used; and
the licensee shall conform with such reasonable requirements, either general or
special, as may be laid down by the telegraph authority within that period for
preventing any telegraph-line from being injuriously affected by such works or
alterations:
Provided that, in case of emergency (which shall be stated by the licensee in writing to the
telegraph-authority) arising from defects in any of the electric supply-lines or other works of the
licensee, the licensee shall be required to give only such notice as may be possible after the necessity
for the proposed new works or alterations has arisen.
(2) Where the works to be executed consist of the laying 2[or placing] of any 3[*] service line
4
[* * *], the licensee shall, not less than forty-eight hours before commencing the work, serve upon
the telegraph-authority a notice in writing of his intention to execute such works.
l
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 4, for “not being service lines immediately attached or intended to be immediately
attacked to a distributing main”.
2
Ins. ibid. 19
3
The word “underground” omitted by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 4.
4
The words “immediately attached, or intended to be immediately attached to a distributing main” omitted ibid.
Page 19 of 49
18. Aerial lines.–(1) Save as provided in section 13, sub-section (3), nothing in this Part shall
be deemed to authorize or empower a licensee to place any aerial line along or across any street,
railway, tramway, canal or waterway unless and until the 1[Provincial Government] has communicated
to him a general approval in writing of the methods of construction which he proposes to adopt:
Provided that the communication of such approval shall in no way relieve the licensee of his
obligations with respect to any other consent required by or under this Act.
(2) Where any aerial line has been placed or maintained by a licensee in breach of the provisions
of sub-section (1), the 1[Provincial Government] may require the licensee forthwith to remove the
same, or may cause the same to be removed, and recover from the licensee the expenses incurred in
such removal.
2
[(3) Where any tree standing or lying near an aerial line, or where any structure or other object
which has been placed or has fallen near an aerial line subsequently to the placing of such line,
interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission
of energy or the accessibility of any works, a Magistrate of the first class 3[* * *] may, on the
application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with, as
he thinks fit.]
(4) When disposing of an application under sub-section (3), the Magistrate 4[* * *] shall, in the
case of any tree in existence before the placing of the aerial line, award to the person interested in the
tree such compensation as he thinks reasonable, and such person may recover the same from the
licensee.
[Explanation.-For the purposes of this section, the expression “tree” shall be deemed to
5
include any shrub, hedge, jungle growth or other plant.]
19. Compensation for damage.–(1) A licensee shall, in exercise of any of the powers
conferred by or under this Act, cause as little damage, detriment and inconvenience as may be, and
shall make full compensation for any damage, detriment or inconvenience caused by him or by any
one employed by him.
(2) Save in the case Provided for in Section 12, Sub-section (3), where any difference or dispute
arises as to the amount or the application of such compensation, the matter shall be determined by
arbitration.
Supply
6
[19A. Point where supply is delivered.–For the purposes of this Act, the point at which the
supply of energy by a licensee to a consumer shall be deemed to commence shall be determined in
such manner as may be prescribed.]
1
Subs. by A. O., 1937, for “L. G.”
2
Subs. by Act I of 1922, s. 5, for the original sub-section (3).
3
The original words “or in a Presidency-town or Rangoon, the Commissioner of Police” as amended by A. O., 1937, were omitted by A. O., 1949.
4
The words “or Commissioner of Police, as the case may be,” omitted by A. O., 1949.
5
Explanation ins. by Act I of 1922, s. 5. 20
6
Section 19A ins. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 6.
Page 20 of 49
1
[20. Power for licensee to enter premises and to remove fittings or other apparatus of
licensee.–(1) A Licensee or any person duly authorised by the licensee may, at any reasonable time,
and on informing the occupier of his intention, enter the premises to which energy is or has been, or is
to be, supplied by him, for the purpose of–
(a) examining, inspecting and testing the electric supply-lines, meters, maximum
demand indicators or other measuring apparatus, 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 the apparatus; 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, maximum demand indicators or other measuring apparatus, fittings,
works or apparatus belonging to the licensee:
Provided that, where a consumer’s apparatus is involved, no person shall be deemed to have
been so authorised by the licensee unless, at the time of entry into such premises, he is in possession
of a written authorisation from the secretary, manager or any other officer of the licensee not below
the rank of a Divisional Officer in the Public Works Department: Provided further that previous
permission of the District Magistrate shall be necessary for making such entry into the premises of a
domestic consumer.
(2) Where a consumer refuses to allow a licensee or any person authorised as aforesaid to enter
his premises in pursuance of the provisions of sub-section (1) or, when such licensee or person has so
entered, refuses to allow him to perform any act which he is authorised by that sub-section to perform,
or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry
of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the
consumer for so long as such refusal or failure- continues, but for no longer. ]
21. Restrictions on licensee’s controlling or interfering with use of energy.–(1) A licensee
shall not be entitled to prescribe any special form of appliance for utilising energy supplied by him, or,
save as provided by section 23, sub-section (2), or by section 26, sub-section (7), in any way to control
or interfere with the use of such energy:
2
[Provided that no person may adopt any form of appliance, or use the energy supplied to him,
so as unduly or improperly to interfere with the safety or efficient working of the electric supply-lines
or works of the licensee or with the supply by the licensee of energy to any other person:
Provided further that, if the licensee requires a consumer, desiring to use, or using, the energy
for running an electric motor excepting single phase motor for domestic use, to install a capacitor
therewith, the consumer shall not so use the energy without installing the capacitor to the satisfaction
of the licensee who, shall, if so required by the consumer, cause the consumer to be supplied with the
capacitor on payment of its cost.]
1
Subs. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s. 3, for the original section 20 which had previously been amended by various
enactments.
2
Subs. by the Electricity (Amdt) Ordinance 1979 (LXII of 1979) s. 4, for the original Proviso.
Page 21 of 49
1
[(2) Subject to the provisions of sub-section (1), a licensee may, with the previous sanction of
2
the [Provincial Government], given-after consulting the local authority, where the licensee is not the
local authority, make conditions not inconsistent with this Act or with his license or with any rules
made under this Act, to regulate his relations with persons who are or intend to become consumers,
and may, with the like sanction given after the like consultation add to or alter or amend any such
conditions; and any conditions made by a licensee without such sanction shall be null and void:
Provided that any such conditions made before the 23rd day of January 1922 shall, if sanctioned
by the 2[Provincial Government] on application made by the licensee before such date as the
l
[Provincial Government] may, by general or special order, fix in this behalf, be deemed to have been
made in accordance with the provisions of this sub-section.
(3) The 2[Provincial Government] may, after the like consultation, cancel any condition or part
of a condition previously sanctioned under sub- section (2) after giving to the licensee not less than
one month’s notice in writing of its intention so to do.]
3
[(4)] Where any difference or dispute arises as to whether a licensee has prescribed any
appliance or controlled or interfered with the use of energy in contravention of sub-section (1), the
matter shall be either referred to an Electric Inspector, and decided by him or, if the licensee or
consumer so desires, determined by arbitration.
22. Obligation on licensee to supply energy.–Where energy is supplied by a licensee, every
person within the area of supply shall, except in so far as is otherwise provided by the terms and
conditions of the license, be entitled, on application, to a supply on the same terms as those on which
any other person in the same area is entitled in similar circumstances to a corresponding supply:
Provided that no person shall be entitled to demand, or to continue to receive, from a licensee
a supply of energy for any premises having a separate supply unless he has agreed with the licensee to
pay to him such minimum annual sum as will give him a reasonable return on the capital expenditure,
and will cover other standing charges incurred by him in order to meet the possible maximum demand
for those premises, the sum payable to be determined in case of difference or dispute by arbitration.
23. Charges for energy to be made without undue preference.–(1) A licensee shall not, in
making any agreement for the supply of energy, show undue preference to any person, but may, save
as aforesaid, make such charges for the supply of energy as may be agreed upon, not exceeding the
limits imposed by his license.
(2) No consumer shall, except with the consent in writing of the licensee, use energy supplied
to him under one method of charging in a manner for which a higher method of charging is in force.
4
[(3) In the absence of an agreement to the contrary, a licensee may charge for energy supplied
by him to any consumer–
(a) by the actual amount of energy so supplied, or
(b) by the electrical quantity contained in the supply, or
1
Sub. sections (2) and (3) ins. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922) s. 8.
2
Subs. by A. O., 1937, for “L. G.”. 22
3
The original sub-section (2) was re-numbered as sub-section (4) by the Indian Electricity (Amdt.) Act, 1922, (I of 1922) s. 8.
4
Sub-sections (3) and (4) ins. ibid., s. 9. 23
Page 22 of 49
(c) by such other method as may be approved by the l[Provincial Government].
(4) Any charges made by a licensee under clause (c) of sub-section (3) may be based upon, and
vary in accordance with, any one or more of the following considerations, namely:___
(a) the consumer’s load factor, or
(b) the power factor of his load, or
(c) his total consumption of energy during any stated period, or
(d) the hours at which the supply of energy is required.]
2
[24. Discontinuance of supply to consumer neglecting to pay charge.–(1) where any
consumer neglects to pay any charge for energy or any sum, other than a charge for energy, assessed
against him by a licensee in respect of supply of energy to his premises, the licensee may after giving
not less than seven clear days’ notice in writing to such consumer and without prejudice to his right to
recover such charge or other sum by suit or otherwise, cut off the supply and for that purpose cut or
disconnect any electric supply-line or other works, being the property of the licensee, through which
energy may be supplied to such premises or to any other premises, other than domestic premises,
running distinctly in the name of such consumer, and may discontinue the supply until such charge or
other sum, together with any expenses incurred by him in cutting off and reconnecting the supply and
the minimum charges on account of continued reservation of supply during the period of such
discontinuance, are paid, but not loger.
(2) Where any difference or dispute as to any matter connected with any charge or other sum
included in the bill of a licensee has been referred by a consumer under this Act to an Electric Inspector
before the notice as aforesaid has been given by the licensee, the licensee shall not exercise the powers
conferred by sub-section (1) until the Inspector has given his decision:
Provided that the prohibition contained in this sub-section shall not apply in any case in which
the licensee has made a request in writing to the consumer for a deposit with the licensee of the
undisputed charges and other sums and with the Electric Inspector of fifty per cent of the disputed
charges and other sums and for the deposit with the licensee of further charges for supply of energy,
as they accrue, and the consumer has failed to comply with such request with in a period of fifteen
days from the date of such request or, as the case may be, from the date of receipt of bills in respect of
further charges for supply of energy.]
25. Exemption of electric supply lines or other apparatus from attachment in certain
cases.–Where any electric supply-lines, meters, fittings, works or apparatus belonging to a licensee are
placed in or upon any premises, not being in the possession of the licensee, for the purpose of supplying
energy, such electric supply-lines, meters, fittings, works and apparatus shall not be liable to be taken
in execution under any process of any Civil Court or in any proceedings in insolvency against the
person in whose possession the same may be. .
1
Subs. by A. O.,1937, for “L. G.”.
2
Subs. by the the Electricity (Amdt). Ordinance, 1979 (LXII of 1979), s. 5, which has previously been amended by the Indian Electricity (Amdt.) Act,
1922, (I of 1922), s. 10. 24
Page 23 of 49
26. Meters.–(1) In the absence of an agreement to the contrary, the amount of energy supplied
to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a
correct meter, 1[, maximum demand indicator and other measuring apparatus] and the licensee shall,
if required by the consumer, cause the consumer to be supplied with such a meter 1[maximum demand
indicator and other measuring apparatus]:
Provided that the licensee may require the consumer to give him security for the price of a
meter 1[, maximum demand indicator and other measuring apparatus] and enter into an agreement for
the hire thereof, unless the consumer elects to purchase a meter 1[, maximum demand indicator and
other measuring apparatus].
(2) Where the consumer so enters into an agreement for the hire of a meter 1[maximum demand
indicator and other measuring apparatus] the licensee shall keep the meter 1[maximum demand
indicator and other measuring apparatus] correct, and, in default of his doing so, the consumer shall,
for so long as the default continues, cease to be liable to pay for the hire of the meter 1[maximum
demand indicator and other measuring apparatus].
(3) Where the meter 1[maximum demand indicator and other measuring apparatus] is the
property of the consumer, he shall keep the meter 1[maximum demand indicator and other measuring
apparatus] correct, and, in default of his doing so, the licensee may, after giving him seven days’ notice,
for so long as the default continues, cease to supply energy through the meter l[maximum demand
indicator and other measuring apparatus].
(4) The licensee or any person dilly authorized by the licensee shall, at any reasonable time and
on informing the consumer of his intention, have access to, and be at liberty to inspect and test, and
for that purpose, if he thinks fit, take off and remove, any meter referred to in sub-section (1) ; and,
except where the meter 1[, maximum demand indicator and other measuring apparatus] is so hired as
aforesaid, all reasonable expenses of, and incidental to, such inspecting, testing, taking off and
removing shall, if the meter 1[, maximum demand indicator and other measuring apparatus] is found
to be otherwise than correct, be recovered from the consumer; and, where any difference or dispute
arises as to the amount of such reasonable expenses, the matter shall be referred to an Electric
Inspector, and the decision of such Inspector shall be final:
Provided that the licensee shall not be at liberty to take off or remove any such meter
1
[maximum demand indicator and other measuring apparatus]if any difference or dispute of the nature
described in sub-section (6) has arisen until the matter has been determined as therein provided.
(5) A consumer shall not connect any meter 1[maximum demand indicator and other measuring
apparatus] referred to in sub-section (1) with any electric supply-line through which energy is supplied
by a licensee, or disconnect the same from any such electric supply-line, without 2[obtaining the
consent of the licensee in writing which shall not be un-reasonably withheld by the licensee].
3
[(5A) A consumer shall not injure any meter, maximum demand indicator or other measuring
apparatus, or alter their indexes or prevent them from duly registering the amount of energy supplied
or the electrical quantity contained in the supply.]
1
Ins. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s. 6. 25
2
Subs. ibid., for “giving to the licensee not less than forty-eight hours notice in writing of his intention.”
3
New sub-section (5A) ins. ibid.,
Page 24 of 49
1
[(6) Where any difference or dispute arises between a licensee and a consumer as to whether
any meter, maximum demand indicator or other measuring apparatus is or is not correct the matter
shall be decided, upon the application of either party, by an Electric Inspector, within a period of ninety
days from the date of receipt of such application, after affording the parties an opportunity of being
heard, and where the meter, maximum demand indicator or other measuring apparatus has, in the
opinion of the Electric Inspector, ceased to be correct, the Electric Inspector shall estimate the amount
of energy supplied to the consumer or the electrical quantity contained in the supply, during such time
as the meter, indicator or apparatus has not, in the opinion of the Electric Inspector, been correct; and,
where the Electric Inspector, fails to decide the matter of difference or dispute within the said period
or where either the licensee or the consumer decline to accept the decision of the Electric Inspector,
the matter shall be referred to the Provincial Government whose decision shall be final:
Provided that, before either a licensee or a consumer applies to the Electric Inspector under this
sub-section, he shall give to the other party not less than seven days’ notice of his intention so to do.]
(7) In addition to any meter 2[maximum demand indicator and other measuring apparatus]
which may be placed upon the premises of a consumer in pursuance of the provisions of sub-section
(1), the licensee may place upon such 2[other] premises such meter, maximum demand indicator or
other apparatus as he may think fit for the purpose of ascertaining or regulating either the amount of
energy supplied to the consumer, or the number of hours during which the supply is given, or the rate
per unit of time at which energy is supplied to the consumer, or any other quantity or time connected
with the supply:
Provided that the meter, indicator or apparatus shall not, in the absence of an agreement to the
contrary, be placed otherwise than between the distributing mains of the licensee and any meter
referred to in sub-section (1):
Provided, also, that, where the charges for the supply of energy depend wholly or partly upon
the reading or indication of any such meter, indicator or apparatus as aforesaid, the licensee shall, in
the absence of an agreement to the contrary, keep the meter, indicator or apparatus correct; and the
provisions of subsections (4), (5) 2[, 5A] and (6) shall in that case apply as though the meter, indicator
or apparatus were a meter referred to in sub-section (1).
Explanation.-A meter shall be deemed to be “correct” if it registers the amount of energy
supplied, or the electrical quantity contained in the supply, within the prescribed limits of error, and a
maximum demand indicator or other apparatus 3[* * *] shall be deemed to be “correct” if it complies
with such conditions as may be prescribed in the case of any such indicator or other apparatus.
4
[26A. Dishonest abstraction or consumption of energy.–Notwithstanding anything
contained in section 23, the licensee may charge the consumer on the basis of one or more of the
following considerations for the amount of energy deemed to have been dishonestly abstracted,
consumed or used, for the period during which the meter, maximum demand indicator or other
measuring apparatus had, in the opinion of the licensee, remained connected, disconnected, injured,
altered or prevented from registering the amount of energy supplied or the electrical quantity contained
in the supply:__
1
Subs. ibid., for the original sub-section (6), which had been amended by A. O., 1937, and Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 11. 26
2
Ins. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s.6
3
The words “referred to in sub-section (7)” omitted ibid., s. 6.
4
New section 26A ins. ibid., s. 7. 27
Page 25 of 49
(a) consumer’s connected load or maximum demand in kilowatt during any period;
(b) consumer’s maximum consumption of energy in kilowatt hours during any
period;
(c) consumer’s load factor;
(d) the power factor of consumer’s load;
(e) the hours and the time for which the energy is deemed to have been abstracted,
consumed or used by the consumer ; and
(f) the purpose for which the energy is deemed to have been abstracted, consumed
or used by the consumer.]
27. Supply of energy outside area of supply.–Notwithstanding anything in this Act, the
l
[Provincial Government] may, by order in writing, and subject to such conditions and restrictions, if
any, as it thinks fit to impose, authorize any licensee to supply energy to any person outside the area
of supply, and to lay down or place electric supply-lines for that purpose:
Provided, first, that no such authority shall be conferred on the licensee within the area of
supply of another licensee without that licensee’s consent, unless the l[Provincial Government]
considers that his consent has been unreasonably withheld:
Provided, secondly, that such authority shall not be conferred unless the person to whom the
supply is to be given has entered into a specific agreement with the licensee for the taking of such
supply:
Provided, thirdly, that a licensee on whom such authority has been conferred shall not be
deemed to be empowered outside the area of supply to open or break up any street, or any sewer, drain
or tunnel in or under any street, railway or tramway, or to interfere with any telegraph-line, without
the written consent of the local authority or person by whom such street, sewer, drain or tunnel is
repairable, or of the telegraph-authority, as the case may be, 2[unless the 1[Provincial Government],
after such inquiry as it thinks fit, considers that such consent has been unreasonably withheld] :
Provided, fourthly, that, save as aforesaid, the provisions of this Act shall apply in the case of
any supply authorized under this section as if the said supply were made within the area of supply.
PART III
SUPPLY, TRANSMISSION AND USE OF ENERGY BY NON-LICENSEES
28. Sanction required by non-licensees in certain cases.–(1) No person, other than a licensee,
shall engage in the business of supplying energy except with the previous sanction of the l[Provincial
Government] and in accordance with such conditions as the 1[Provincial Government] may fix in this
behalf, and any agreement to the contrary shall be void:
3
[* * * * * * *]
1
Subs. by A.O., 1937, for “L.G.”
2
Ins. by the Indian Electricity (Amdt.) Act 1922 (I of 1922), s. 12. 28
3
The first proviso omitted by the Indian Electricity (Amdt.) Act, 1922 (I of 1921), s. 13.
Page 26 of 49
Provided 2[*] that such sanction shall not be given within the area for which a local authority
is constituted, without that local authority’s consent, or within the area of supply of any licensee,
without that licensee’s consent, unlesss the l[Provincial Government] considers that consent has been
unreasonably withheld.
(2) Where any difference or dispute arises as to whether any person is or is not engaging, or
about to engage, in the business of supplying energy within the meaning of sub-section (1), the matter
shall be referred to the l[Provincial Government], and the decision of the l[Provincial Government]
thereon shall be final.
29. Power for non-licensees to break up streets.–(1) The local authority may, by order in
writing, confer and impose upon any person, who has obtained the sanction of the l[Provincial
Government] under section 28 to engage in the business of supplying energy, all or any of the powers
and liabilities of a licensee under sections 12 to 19, both inclusive, and the provisions of the said
sections shall thereupon apply as if such person were a licensee under Part II.
(2) A local authority, not being a licensee, shall, for the purpose of lighting any street, have the
powers and be subject to the liabilities respectively conferred and imposed by sections 12 to 19, both
inclusive, so far as applicable, as if it were a licensee under Part II.
(3) In cases other than those for which provision is made by sub-section (1), the person
responsible for the repair of any street may, by order in writing, confer and impose upon any person
who proposes to transmit energy in such street all or any of the powers and liabilities of a licensee
under sections 12 to 19 (both inclusive), in so far as the same relate to_
(a) opening or breaking up of the soil or pavement of such street, or
(b) laying down or placing electric supply-lines in, under, along or across such
street, or
(c) repairing, altering or removing such electric supply lines, and thereupon the
provisions of the said sections shall, so far as aforesaid, apply to such person as
if he were a licensee under Part II.
(4) If no order is made within fourteen days after the receipt of an application for the same
under sub-section (1) or sub-section (3), the order so applied for shall be deemed to have been refused,
and every order, and every refusal to make an order, under sub-section (1) or sub-section (3), shall be
subject to revision by the l[Provincial Government].
3
[29A. Application of section 18 to aerial lines maintained by railways.–The provisions of
sub-section (3) and (4) of section 18 and of the Explanation thereto shall apply in the case of any aerial
line placed by any railway administration as defined in section 3 of the Railways Act, 1890 (IX of
1890), as if references therein to the licensee were references to the railway administration.]
30. Control of transmission and use of energy.–(1) No person, other than a licensee duly authorized
under the terms of his license, shall transmit or use energy at a rate exceeding two hundred and fifty
watts,___
1
Subs. by A. O., 1937 for “L. G.”.
2
The word “also” omitted ibid. 29
3
S. 29A ins. by the Indian Electricity (Amdt.) Act, 1923 (XL of 1923), s. 2.
Page 27 of 49
(a) in any street, or
(b) in any place,
(i) in which one hundred or more persons are likely ordinarily to be
assembled, or
(ii) which is a factory within the meaning of 1[Factories Act, 1934(XXV of
1934)], or
(iii) which is a mine within the meaning of the 2[Mines Act, 1923 (IV of
1923)] 3[or
3
(iv) to which the 4[Provincial Government], by general or special order,
declares the provisions of this sub-section to apply,]
without giving not less than seven clear days’ notice in writing of his intention to the District
Magistrate, 5[* * *] and complying with such of the provisions of Part IV, and of the rules made there
under, as may be applicable:
Provided that nothing in this section shall apply to energy used for the public carriage of
passengers, animals or goods on, or for the lighting or ventilation of the rolling-stock of, any railway
or tramway subject to the provisions of the Railways Act, 1890 (IX of 1890):
Provided, also that the 4[Provincial Government] may, by general or special order and subject
to such conditions and restrictions as may be specified therein, exempt from the application of this
section or of any such provision or rule as aforesaid any person or class of persons using energy on
premises upon or in connection with which it is generated, or using energy supplied under Part II in
any place specified in clause (b).
(2) Where any difference or dispute arises as to whether a place is or is not one in which one
hundred or more persons are likely ordinarily to be assembled, the matter shall be referred to the
4
[Provincial Government], and the decision of the 4[Provincial Government] thereon shall be final.
(3) The provisions of this section shall be binding on the 6[Government].
PATR IV
GENERAL
Protective Clauses
1
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Sch., for “Indian Factories Act, 1911”.
2
Subs. ibid for “Indian Mines Act, 1901”.
3
The word “or” and sub-clause (iv) ins. by Act I of 1922 s. 14.
4
Subs. by A. O., 1937, for “L. G.”.
5
The original words “or in a Presidency-town or Rangoon to the Commissioner of Police” as amended by A. O., 1937, were omitted by the Federal Laws
(Revision and Declaration) Act. 1951 (XXVI of 1951), s. 3 and Second Sch. 30
6
Subs. by A. O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956).
Page 28 of 49
31. Protection of railways and canals, docks, wharves and piers.–No person shall, in the
generation, transmission, supply or use of energy, in any way injure any railway, tramway, canal or
waterway or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere
with the traffic on any railway, tramway, canal or water-way.
32. Protection of telegraphic, telephonic and electric signaling lines.–(1) Every person
generating, transmitting, supplying or using energy (hereinafter in this section referred to as the)
operator’ shall take all reasonable precautions in constructing, laying down and placing his electric
supply-lines and other works and in working his system, so as not injuriously to affect, whether by
induction, or otherwise the working of any wire or line used for the purpose of telegraphic, telephonic,
or electric signalling communication, or the currents in such wire or line.
(2) Where any difference or dispute arises between the operator and the telegraph-authority as
to whether the operator has constructed, laid down or placed his electric supply-lines or other works,
or worked his system, in contravention of sub-section (1), or as to whether the working of any wire,
line or current is or is not injuriously affected thereby, the matter shall be referred to 1[the 2[Federal
Government] ; and 1[the 2[Federal Government]; unless 3[it] is of opinion that the wire or line has been
placed in unreasonable proximity to the electric supply-lines or works of the operator after the
construction of such lines or works, may direct the operator to make such alterations in, or additions
to, his system as may be necessary in order to comply with the provisions of this section, and the
operator shall make such alterations or additions accordingly:
Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of
any electric supply-line so long as the course of the electric supply-line and the amount and nature of
the energy transmitted thereby are not altered.
(3) Where the operator makes default in complying with the requirements of, this section, he
shall make full compensation for any loss or damage incurred by reason thereof, and, where any
difference or dispute arises as to the amount of such compensation, the matter shall be determined by
arbitration.
Explanation.-For the purposes of this section, a telegraph line shall be deemed to be injuriously
affected if telegraphic, telephonic or electric signaling communication by means of such line is,
whether through induction or otherwise prejudicially interfered with by an electric supply line or work
or by any use made thereof.
33. Notice of accidents and inquiries.–4[(1) If any accident occurs in connection with the
generation, transmission, supply or use of energy in, or in connection with, any part of the electric
supply-lines or other works of any person, and the accident results or is likely to have resulted in loss
of life or personal injury, such person shall give notice of the occurrence, and of any loss of life or
personal injury actually occasioned by, the accident, in such form and within such time and to such
authorities as the 5[Provincial Government] may, by general or special older, direct.]
(2) The 2[Provincial Government] may, if it thinks fit, require any Electric Inspector, or any
other competent person appointed by it in this behalf, to inquire and report__
1
Subs. by A. O., 1937, for “the L. G.”, which had been subs. for “G. G. in C.” by the Devolution Act, 1920 (XXXVIII of 1920), s. 2 and First Sch.
2
Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
3
Subs. by Act XXXVIII of 1920, s. 2 and First Sch for “he”. 31
4
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922),: s. 15, for the original sub-section (1).
5
Subs. by A. O., 1937, for “L. G.”.
Page 29 of 49
(a) as to the cause of any accident affecting the safety of the public, which may
have been occasioned by, or in connection with the generation, transmission,
supply or use of energy, or
(b) as to the manner in, and extent to, which the provisions of this Act or of any
license or rules thereunder, so far as those provisions affect the safety of any
person, have been complied with.
34. Prohibition of connection with earth, and power for Government to interfere in
certain cases of default.–(1) No person shall, in the generation, transmission supply or use of energy,
permit any part of his electric supply-lines to be connected with earth except so far as may be
prescribed in this behalf or may be specially sanctioned by the 1[Provincial Government.]
(2) If at any time it is established to the satisfaction of the 1[Provincial Government]___
(a) that any part of an electric supply-line is connected with earth contrary to the
provisions of sub-section (1), or
(b) that any electric supply-lines or other works for the generation, transmission,
supply or use of energy are attended with danger to the public safety or to human
life or injuriously affect any telegraph-line, or
(c) that any electric supply-lines or other works are defective so as not to be in
accordance with the provisions of this Act or of any rule thereunder,
1
[Provincial Government] may, by order in writing, specify the matter complained of and
require the owner or user of such electric supply-lines or other works to remedy it in such manner as
shall be specified in the order, and may also in like manner forbid the use of any electric supply-line
or works until the older is complied with or for such time as is specified in the order.
Administration and Rules
35. Advisory Boards.–(1) The 2[* * *] l[Provincial Government] may, for the whole or any
part of the Province, by notification in the 3[official] Gazette], 4[* * *], constitute an Advisory Board.
(2) 5[The Board] shall consist of a chairman and not less than two other members.
6
[* * * * * * *]
7
[(3) 8[The Provincial Government] may, by general or special order,–
1
Subs. ibid., for the words “Local Government” which had been subs., for “Governor General in Council” by the Devolution Act, 1920 (XXXVIII of
1920), s. 2 and First Sch. 32
2
The words “Central Government may, for the whole or any part of Pakistan and each” as amended by A. O., 1937, A. O., 1949, and the Central Laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch.(with effect from the 14th October, 1955), have been omitted by A. O., 1964, Art. 2
and Sch.
3
Subs. by A. O., 1937, for “Gazette of India”.
4
The words “or the local official Gazette, as the case may be” omitted, ibid.
5
Subs. by A. O., 1964, Art. 2 and Sch. for “Every such Board”.
6
Sub-section (3) omitted by the Indian Electricity (Amdt) Act, 1922 (I of 1922), s. 16.
7
The original sub-section (4) was re-numbered as sub-section (3), ibid.
8
The original words “The G.G. in C. or the L.G. as the case may be have successivly been amended by A.O., 1937 and A. O., 1964, Art. 2 and Sch., to
read as above.
Page 30 of 49
1
[(a) determine the number of members of which 2[the Board] shall be constituted
and the manner in which such members shall be appointed,]
1
[(b)] define the duties and regulate the procedure of 2[the Board],
1
[(e)] determine the tenure of office of the members of 2[the Board], and
1
[(d)] give directions as to the payment of fees to, and the travelling expenses incurred
by, any member of 2[the Board] in the performance of his duty.
36. Appointment of Electric Inspectors.–3[* * * * * * *]
(2) The 4[Provincial Government) may, by notification in the 5[official Gazette], appoint duly
qualified persons to be Electric Inspectors within such areas as may be assigned to them respectively;
and every Inspector so appointed shall 6[* * *] exercise the powers and perform the functions of an
Electric Inspector under this Act subject to such restrictions as the 4[Provincial Government] may
direct.
(3) In the absence of express provision to the contrary in this Act, or any rule thereunder, an
appeal shall lie from the decision of an Electric Inspector to the 7[Provincial Government] or, if the
Provincial Government, by general or special order, so directs, to the Advisory Board].
8
[36A. Electricity Board.–9[(1) A Board to be called the Federal Electricity Board shall be
constituted to exercise the powers conferred by section 37.
(2) The Federal Electricity Board shall consist of the following members, namely:___
(a) a Chairman to be nominated by the Federal Government;
(b) one member each to be nominated by the Provincial Governments of the Punjab,
North-West Frontier Province, Sind and Baluchistan;
(c) one member to be nominated by the Federal Government for Islamabad Capital
Territory; and
(d) one member to be nominated by the Chairman of the Railway Board:
Provided that if at any time it seems fit to do so the Federal Government may appoint not more
than two additional members.]
1
Clauses (a), (b) and (c) were re-lettered as clauses (b), (c) and (d) respectively, by Act I of 1922, s. 16.
2
Subs. by A.O., 1964, Art. 2 and Sch. for “any such Board”.
3
The original sub-section (1) as amended by A. O., 1937, has been omitted by A.O., 1964, Art. 2 and Sch.
4
Subs. by A. O., 1937, for “L. G.”.
5
Subs. ibid., for “local official Gazette”.
6
The words “except in relation to mines, oil-fields and railways” which were ins. by A. O., 1937, have been omitted by A. O., 1964, Art. 2 and Sch.
7
Subs. by A. O., 1964, Art. 2 and Sch., for certain original words as amended by A. O., 1937 and the Indian Electricity (Amdt.) Act, 1922 (I of 1922) s.
17.
8
Section 36A ins. by the Indian Electricity (Amdt.) Act, 1937 (X of 1937), s. 3.
9
Subs. by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s. 3 and Second Sch., for sub-sections (1) and (2) which had been
amended by various enactments from time to time.
Page 31 of 49
(3) Any vacancy occurring in the Board 1[* * *], shall be filled as soon as may be by a
nomination made by the authority by whom the member vacating office was nominated.
(4) The Board shall have full power to regulate by by-laws or otherwise its own procedure and
the conduct of all business to be transacted by it.
(5) The powers of the 2[Federal Electricity Board] may be exercised notwithstanding any
vacancy in the Board.]
37. Power for Board to make rules.–(1) The 3[Federal Electricity Board may make rules] to
regulate the generation transmission, supply and use of energy and, generally, to carry out the purposes
and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
___
may
(a) prescribe the form of applications for licenses and the payments to be made in
respect thereof;
(b) regulate the publication of notices;
(c) prescribe the manner in which objections with reference to any application
under Part II are to be made;
(d) provide for the preparation and submission of accounts by licensees in a
specified form;
(e) provide for the securing of a regular, constant and sufficient supply of energy
by licensees to consumers and for the testing at various parts of the system of
the regularity and sufficiency of such supply and for the examination of the
records of such tests by consumers;
(f) provide for the protection of persons and property from injury by reason of
contact with, or the proximity of, or by reason of the defective or dangerous
condition of, any appliance or apparatus used in the generation, transmission,
supply or use of energy;
(g) for the purposes of electric traction regulate the employment of insulated
returns, or of uninsulated metallic returns of low resistance, in order to prevent
fusion or injurious electrolytic action of or on metallic pipes, structures or
substances, and to minimise, as far as is reasonably practicable, injurious
interference with the electric wires, supply-lines and apparatus of parties other
than the owners of the electric traction system, or with the currents therein,
whether the earth is used as a return or not;
1
The words “otherwise than by the expiry of the term of office of the member referred to in clause (e) of sub-section (2)” omitted by Ordinance XXI of
1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955).
2
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 s. 3, and Second Sch., for “Electricity Board” which had been amended by A.
O., 1964, Art. 2 and Sch.
3
Subs. by Ord. XXVII of 1981, s. 3 and Second Schedule for “Electricity Board may make rules for the whole of the Province or any part thereof” which
had been amended by Act X of 1937, s. 4, A. O., 1949 and A. O., 1964, Art. 2 and Sch., to read as above.
See the Indian Electricity Rules, 1937, published with the Notification of the G. of 1. (Indurstries and Labour Department), No. F. 601, dated the 27th
March, 1937. These rules, though made by the G.G. in C., are to be deemed to have been made by the Central Electricity Board: see the Rules and
Regulations Continuance Act, 1937 (XXIV of 1937). 35
Page 32 of 49
(h) provide for preventing telegraph-lines and magnetic observatories or
laboratories from being injuriously affected by the generation, transmission,
supply or use of energy;
(i) prescribe the qualifications to be required of Electric Inspectors;
(j) authorize any Electric Inspector or other officer of a specified rank and class to
enter, inspect and examine any place, carriage or vessel in which he has reason
to believe any appliance or apparatus used in the generation, transmission,
supply or use of energy to be, and to carry out tests therein, and to prescribe the
facilities to be given to such inspectors or officers for the purposes of such
examinations and tests; 1[*]
(k) authorize and regulate the levy of fees for any such testing or inspection and,
generally, for the services of Electric Inspectors under this Act; 2[and
2
(l) provide for any matter which is to be or may be prescribed.
2
(3) Any rules made in pursuance of clause (f) or clause (h) of sub-section (2) shall be binding
3
on the [Government]].
4
[(4)] In making any rule under this Act the 5[Federal Electricity Board] may direct that every
breach thereof shall be punishable with fine which may extend to three hundred rupees, and, in the
case of a continuing breach with a further daily fine which may extend to fifty rupees.
38. Further provisions respecting rules.–(1) The power to make rules under section 37 shall
be subject to the condition of the rules being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses
Act, 1897 (X of 1897) , as that after which a draft of rules proposed to be made under section 37 will
be taken into consideration shall not be less than three months from the date on which the draft of the
proposed rules was published for general information.
6
[* * * * * * *]
7
[(3)] All rules made under section 37 shall be published in the 8[official Gazette] and on such
publication shall have effect as if enacted in this Act.
Criminal Offences and Procedure
1
The word “and” omitted by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 18.
2
The word “and” clause (1) and sub-section (3) ins., ibid.
3
Subs. by A. O., 1961, Art. 2 for “Crown” (with effect from the 23rd March, 1956).
4
Sub-section (3) was re-numbered as sub-section (4), by Act I of 1922, s. 18.
5
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981, s. 3 and Second Sch., for “Electricity Board” which had been
amended by A. O., 1964 Art 2 and Sch. and Act 10 of 1937, s. 4. 36
6
Sub-section (3) omitted by the Indian Electricity (Amdt.) Act., 1937 (X of 1937), s. 5.
7
The original sub-section (4) was re-numbered as sub-section (3), ibid.
8
Subs. by A. O., 1964, Art. 2 and Sch., for “Gazette of Pakistan which had been subs. by A. O., 1949, for “Gazette of India”.
Page 33 of 49
1
[39. Theft of energy.–(1) Whoever dishonestly abstracts, consumes or uses energy shall be
punished with imprisonment of either description for a term which may extend to three ears or with
fine which may extend to 2[five million] rupees, or with both; and the existence of any device,
contrivance or artificial means for such abstraction, consumption or use shall be prima facie evidence
of such abstraction, consumption for use.
(2) Whoever abets, or conspires in, the commission of acts mentioned in sub-section (1) shall
be deemed to have committed an offence under sub-section (1).
Explanation.-A person shall be deemed to have dishonestly abstracted, consumed or used
energy–
(a) if he is found to have tampered or interferred with the set order of wiring
connections of any meter, measuring apparatus, including kilowatt meter,
kilowatt hour meter, kilovolt ampere hour meter, kilovolt ampere reactive hour
meter, current transformers, potential tranformers or their respective fuses,
installed by the licensee for the supply and registration of energy; or
(b) if he is found to have prevented by drilling hole in the casing covering or glass,
or by jamming the mechanism by mechanical, magnetic or by any other means,
any meter, maximum demand indicator or other measuring apparatus from duly
registering the amount of energy supplied or the electrical quantity contained in
the supply; or
(c) if he is found, without written consent of the licensee, to have connected his
installations, appliances and apparatus for the consumption or use of energy
with the licensee’s works directly without passing through a meter, maximum
demand indicator or other measuring apparatus.]
3
[39A. Penalty for installation of artificial means, etc.–(1) Whoever installs or uses any
device, contrivance or artificial means for dishonest abstraction, consumption or use of energy of a
licensee, whether he derives any benefit therefrom or not, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine which may extend to 4[five
million] 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 a premises, it shall be presumed, unless
the contrary is proved, that such person has committed an offence under this sub-section.
(2) Whoever abets, or conspires in, the commission of any act mentioned in sub-section (1)
shall be deemed to have committed an offence under that sub-section.
Explanation.___ In this section, “artificial means” includes–
(a) making of direct electrical connection from the aerial line through artificial
jumper;
1
Subs. by the Electricity (Amdt.) Ordinance. 1979, (LXII of 1979) s. 8, for section 39.
2
Subs. by Ord. XV of 1999.s.2. 37
3
Section 39-A ins. by the Electricity (Amdt) Ordinance, 1979 (LXII of 1979) s.9 This section has been substituted an its application to Provinces of the
Punjab, N.W.F.P, Sind and Baluchistan s. 10.
4
Subs.by Ord. XV of 1999, s.3.38
Page 34 of 49
(b) making of direct electrical connection from transformers, cable, meter’s main
terminals and from consumer’s installations through artificial wiring;
(c) disconnecting the potential link from the meter terminals by means of a plier,
screw driver, cutter or any other instrument;
(d) breaking the glass cover of a meter or drilling hole in the casing or covering of
a meter by any means;
(e) stopping or slowing the revolutions of a meter disc by artificial magnet; and
(f) stopping or slowing or reversing the revolutions of the meter disc by changing
the phase sequence of meter through artificial electrical circuit.]
40. Penalty for maliciously wasting energy or injuring works.–Whoever maliciously causes
energy to be wasted or diverted or, with intent to cut off the supply of energy, cuts or injures, or
attempts to cut or injure, any electric supply-line or works, shall be punishable with imprisonment for
a term which may extend to two years, or with fine which may extend to one thousand rupees, or with
both.
41. Penalty for unauthorized supply of energy by non-licensees.–Whoever, in contravention
of the provisions of section 28, engages in the business of supplying energy shall be punishable with
fine which may extend to three thousand rupees, and, in the case of a continuing contravention, with a
daily fine which may by extend to three hundred rupees.
42. Penalty for illegal or defective supply or for non-compliance with order.–Whoever–
(a) being a licensee, save as permitted under section 27 or section 51 or by his
license, supplies energy or lays down or places any electric supply-line or works
outside the area of supply; or
(b) being a licensee, in contravention of the provisions of this Act or of the rules
thereunder or in breach of the conditions of his license and without reasonable
excuse, the burden of proving which shall lie on him, discontinues the supply
of energy or fails to supply energy; or
(c) makes default in complying with any order issued to him under section 34, sub-
section (2); shall be punishable with fine which may extend to one thousand
rupees, and, in the case of a continuing offence or default, with a daily fine
which may extend to one hundred rupees.
43. Penalty for illegal transmission or use of energy.–Whoever, in contravention of the
provisions of section 30, transmits or uses energy without giving the notice required thereby, shall be
punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence,
with a daily fine which may extend to fifty rupees.
[44. Penalty for interference with meters or licensee’s works and for improper use of
1
energy.–Whoever–
1
Subs. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s. 11. for section 44. 39
Page 35 of 49
(a) connects any meter, maximum demand indicator or other measuring apparatus
referred to in section 26, with any electric supply-line through which energy is
supplied by a licensee, or disconnects the same from any such electric supply-
line without the licensee’s consent in writing; or
(b) lays, or causes to be laid, or connects up any works for the purpose of
communicating with any other works belonging to a licensee, without such
licensee’s consent in writing; or
(c) uses the energy supplied to him by a licensee under one method of charging in
a manner for which a higher method of charging is in force without the
licensee’s consent in writing, or adopts any appliance or uses energy supplied
to him by a licensee in a manner prejudicial to the safety or efficient working of
the licensee’s electric supply-line or works, or deals with it in a manner so as to
interfere with the efficient supply of energy by the licensee to any other person
; shall be punishable with fine which may extend to 1[five million] rupees, and,
in the case of a continuing offence, with a daily fine which may extend to1[five
thousand] rupees; and if it is proved that any artificial means exist or have
existed for making such connection as is referred to in clause (a), or such
communication as is referred to in clause (b), or for facilitating such improper
use of energy as is referred to in clause (c), and that the meter, maximum
demand indicator or other measuring apparatus is under the custody or control
of the consumer, whether it is his property or not, it shall be presumed, until the
contrary is proved, that such connection, communication or improper use, as the
case may be, has been knowingly and wilfully caused by such consumer.]
45. Penalty for extinguishing public lamps.–Whoever maliciously extinguishes any public
lamp shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to three hundred rupees, or with both.
46. Penalty for negligently wasting energy or injuring works.–Whoever negligently causes
energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-
line, post, pole or lamp or other apparatus connected with the supply of energy, shall be punishable
with fine which may extend to two hundred rupees.
47. Penalty for offences not otherwise provided for.–Whoever, in any case not already
provided for by sections 39 to 46 (both inclusive), makes default in complying with any of the
provisions of this Act, or with any order issued under it, or, in the case of a licensee, with any of the
conditions of his license, shall be punishable with fine which may extend to one hundred rupees, and,
in the case of a continuing default, with a daily fine which may extend to twenty rupees:
Provided that, where a person has made default in complying with any of the provisions of
sections 13, 14, 15, 17 and 32, as the case may be, he shall not be so punishable if the Court is of
opinion that the case was one of emergency, and that the offender complied with the said provisions
as far as was reasonable in the circumstances.
1
Subs. by Ord. XV of 1999, s.4. 40
Page 36 of 49
48. Penalties not to affect other liabilities.–The penalties imposed by sections 39 to 47 (both
inclusive) shall be in addition to, and not in derogation of, any liability in respect of the payment of
compensation or, in the case of a licensee, the revocation of his license, l[or the payment of penalty in
lieu thereof, ] which the offender may have incurred.
49. Penalties where works belong to Government.–The provisions of section 39, 40, 44, 45
and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable
thereunder are committed in the case of energy supplied by, or of works belonging to, 2[the 3[Federal
Government ]or any Provincial Government].
50. Institution of prosecutions.–No prosecution shall be instituted against any person for any
offence against this Act or any rule, license or order thereunder, except at the instance of the
Government or an Electric Inspector, or of a person aggrieved by the same.
4[50A. Cognizance of offences, etc.–(1) No court inferior to that of a Magistrate of the first
class shall try an offence punishable under this Act.
(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898
(Act V of 1898), it shall be lawful for any Magistrate of the first class to pass any sentence authorised
by this Act.]
Supplementary
51. Exercise in certain cases of powers of telegraph authority.–Notwithstanding anything
in sections 12 to 16 (both inclusive) and sections 18 and 19, the 5[Provincial Government] may, by
order in writing, for the placing of appliances and apparatus for the transmission of energy, confer
upon any public officer or licensee, subject to such conditions and restrictions (if any) as the
5
[Provincial Government] may think fit to impose, and to the provisions of the Telegraph Act, 1885
(III of 1885), any of the powers which the telegraph-authority possesses under that Act, with respect
to the placing of telegraph-lines and posts for the purposes of a telegraph established or maintained by
the Government or to be so established or maintained.
52. Arbitration.–Where any matter is, by or under this Act, directed to be determined by
arbitration, the matter shall, unless it is otherwise expressly provided in the license of a licensee, be
determined by such person or persons as the 6[Provincial Government] may nominate in that behalf on
the application of either party; but in all other respects the arbitration shall be subject to the provisions
of the 7[*] Arbitration Act, 8[1940] (X of 1940).
53. Service of notices, orders or documents.–(1) Every notice, order or document by or under
this Act required or authorized to be addressed to any person may be served by post or left,-
(a) where 9[the 3[Federal Government] or the Provincial
1
Ins. by the Electricity Act (Amdt.) Ordinance, 1962 (VI of 1962) s,3.
2
Subs, by A. O.. 1949 for “any Government in British India” which was previously subs, by A, O., 1937, for “the Govt.”,
3
Subs, by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
4
Ins. by Ord. XV of 1999, s.5.
5
Subs. by A. O.,' 1937, for “L.G.”, which had been subs, by the Indian Electricity (Amdt.) Act, 1922 (I of 1922) s. 20 for “G. G. in C,”.
6
Subs. by A. O., 1937, for “L, G,”.
7
The word “Indian” omitted by the Repealing and Amending Act. 1940(XXXII of 1940), s. 3 and Second Sch,
8
Subs. by the Arbitration Act, 1940 (X of 1940), s. 49 (2) and Fourth Sch., for “1899” (with effect from the Ist July, 1940).
9
Subs. by A, O., 1937, for “the Govt,”. 41
Page 37 of 49
Government] is the addressee, at the office of l[such officer as the 2[Federal Government] or
3
[Provincial Government], as the case may be, may designate in this behalf];
4
[* * * * * * *]
(b) where a local authority is the addressee, at the office of the local authority;
(c) where a Company is the addressee, at the registered office of the Company or,
in the event of the registered office of the Company not being in 5[Pakistan], at
the head office of the Company in 5[Pakistan];
(d) where any other person is the addressee, at the usual or last known place of
abode or business of the person.
(2) Every notice, order or document by or under this Act required or authorized to be addressed
to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the
description of the “owner” or “occupier” of the premises (naming the premises), and may be served
by delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the
premises to whom the same can with reasonable diligence be delivered, by affixing it on some
conspicuous part of the premises.
54. Recovery of sums recoverable under certain provisions of Act.–6[Any penalty imposed
under section 4, sub-section (2), every sum] declared to be recoverable by section 5, clause (f), section
6, sub-section (2), section 14, sub-section (2), clause (h), section 16, sub-section (2), section 18, sub-
section (2), or sub-section (4) or section 26, sub-section (4), and every fee leviable under this Act, may
be recovered, on application to a Magistrate having jurisdiction where the person liable to pay the same
is for the time being resident, by the distress and sale of any moveable property belonging to such
person.
7
[54A. Charges for supply of energy recoverable as arrears of land revenue.–(1)
Notwithstanding anything contained in this Act or in any other law for the time being in force or in
any instrument or agreement, the charges for supply of energy or any other sum outstanding against a
consumer under this Act shall be recoverable as an arrear of land revenue.
(2) A licensee, or any person duly authorised by the licensee, may apply, with a certificate
showing the amount outstanding against a consumer, to the Collector of the district concerned for the
recovery of the said amount, and the Collector shall, thereupon proceed to recover the same from such
consumer, or his sureties, or from all of them, as an arrear of land revenue.
54B. Requisition of Police assistance.–Where a license, or any person duly authorised by him
in this behalf, requires any police assistance for carrying out the purposes of this Act, he may make an
application to the District Magistrate or Assistant Commissioner of the sub-division concerned and the
District Magistrate or, as the case may be, the Assistant Commissioner may direct the officer in charge
of the police station concerned to render the assistance required.
1
Subs. by Act I of 1922, s. 21, for “the Secretary in the Public Works Department,” .
2
Subs. by F.A.O 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O, 1937, for “G. G. in C”.
3
Subs. by A.O., 1937, for “L. G”.
4
Clause (aa) which was ins. by A. O., 1937, omitted by A. O., 1949.
5
Subs. by A. O., 1949, for “India”.
6
Subs. by the Electricity Act (Amdt.) Ordinance, 1962 (VI of 1962), s. 4 for “Every sum”. 42
7
New sections 54A. 54B and 54C ins. by the Electridty (Amdt.) Ordinance: 1979 (LXII of 1979), s. 12. 43
Page 38 of 49
54C. Bar of Jurisdiction.–(1) Where a licensee gives a notice referred to in sub-section (1) of
section 24 or discontinues supply of energy to a premises under the provisions of this Act, no court
shall make an order prohibiting the licensee from discontinuing supply of energy to the premises, or
requiring him to restore supply of energy to such premises, and any such order made before the
commencement of the Electricity (Amendment) Ordinance, 1979, shall cease to have effect:
Provided that nothing contained herein shall apply to a case in which the plaintiff, applicant or
appellant, within a period of thirty days of the aforesaid date or at the time of filing the suit, application
or appeal, as the case may be, deposits with the court the amount assessed against him by the licensee
and all further charges of the licensee as and when they become due; and in the event of his failing to
do so, any order prohibiting the licensee from discontinuing the supply of energy to the premises or
requiring him to restore the supply of energy to the premises, if already made, shall cease to have
effect.
(2) Where an amount has been deposited under sub-section (1), the court shall direct it to be
deposited in a scheduled bank in the name of the licensee on an undertaking being furnished by the
licensee to the effect that in case the suit or appeal is decided against him, he shall repay the said
amount to the plaintiff or appellant, as the case may be, with such reasonable return as the court may
determine.]
55. Delegation of certain functions of Provincial Government to Electric Inspectors.–The
1
[Provincial Government] may, by general or special order, authorize the discharge of any of its
functions under section 13 or section 18 2[or section 34, sub-section (2),] or clause V, sub-clause (2),
or clause XIII of the Schedule by an Electric Inspector.
56. Protection for acts done in good faith.–No suit, prosecution or other proceeding shall lie
against any public officer, or any servant of a local authority, for anything done, or in good faith
purporting to be done, under this Act.
57. Amendment of the Land Acquisition Act, 1894.–(1) In section 40, sub-section (1), clause
(b), and section 41, sub-section (5), of the Land Acquisition Act, 1894 (I of 1894), the term “work”
shall be deemed to include electrical energy supplied, or to be supplied, by means of the work to be
constructed.
(2) The 1[Provincial Government] may, if it thinks fit, on the application of any person, not
being a company, desirous of obtaining any land for the purposes of his undertaking, direct that he
may acquire such land under the provisions of the Land Acquisition Act, 1894 (I of 1894), in the same
manner and on the same conditions as it might be acquired if the person were a company.
58. Repeals and savings.–(1) The Indian Electricity Act, 1903 (III of 1903), is hereby repealed:
Provided that every application for a license made and every license granted under the said Act
shall be deemed to have been made and granted under this Act.
(2) Northing in this Act shall be deemed to affect the terms of any license which was granted,
or of any agreement which was made, by or with the sanction of the Government for the supply or use
of electricity before the commencement of this Act.
1
Subs. by A.O.1937, for “L.G”.
2
Ins.by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s.22. 44
Page 39 of 49
THE SCHEDULE
PROVISIONS TO BE DEEMED TO BE INCORPORATED WITH, AND TO FORM PART OF,
EVERY LICENSE GRANTED UNDER PART II, SO FAR AS NOT ADDED TO, VARIED OR
EXCEPTED BY THE LICENSE
[See section 3, sub-section (2), clause (f)]
Security and Accounts
1. Security for execution of works of licensee not being local authority.–Where the licensee
is not a local authority, the following provisions as to giving security shall apply, namely:–
(a) The licensee shall, within the period fixed in that behalf by his license, or any
longer period which the l[Provincial Government] may substitute therefor by
order under section 4, sub-section (3), clause (b), of the Electricity Act, 1910,
before exercising any of the powers by the license conferred on him in relation
to the execution of works, show, to the satisfaction of the l[Provincial
Government], that he is in a position fully and efficiently to discharge the duties
and obligations imposed upon him by the license throughout the area of supply.
(b) The licensee shall also, within the period fixed in that behalf by his license, or
any longer period which the l[Provincial Government] may substitute therefor
by order under section 4, sub-section (3), clause (b), of the Electricity Act, 1910,
and before exercising any of the powers conferred on him in relation to the
execution of works, deposit or secure to the satisfaction of the l[Provincial
Government] such sum (if any) as may be fixed by the license, or, if not so
fixed, by the l[Provincial Government].
(c) The said sum deposited or secured by the licensee under the provisions of this
clause shall be repaid or released to him on the completion of the works or at
such earlier date or dates and by such instalments, as may be approved by the
l
[Provincial Government].
II. Audit of accounts of licensee not being local authority.–Where the licensee is not a local
authority, the following provisions as to the audit of accounts shall apply, namely:___
(a) The annual statement of accounts of the undertaking shall, before being
rendered under section 11 of the Electricity Act, 1910, be examined and audited
by such person as the l[Provincial Government] may appoint or approve in this
behalf, and the remuneration of the auditor shall be such as the l[Provincial
Government] may direct, and his remuneration and all expenses incurred by him
in or about the execution of his duties, to such an amount as the l[Provincial
Government] shall approve, shall be paid by the licensee on demand.
1
Subs. by A. O., 1937, for “L.G.”. 45
Page 40 of 49
(b) The licensee shall afford to the auditor, his clerks and assistants, access to all
such books and documents relating to the undertaking as are necessary for the
purposes of the audit, and shall, when required, furnish to him and then all
vouchers and information requisite for that purpose, and afford to him and them
all facilities for the proper execution of his and their duty.
(c) The audit shall be made and conducted in such manner as the l[Provincial
Government] may direct.
(d) Any report made by the auditor, or such portion thereof as the 1[Provincial
Government] may direct, shall be appended to the annual statement of accounts
of the licensee, and shall thenceforth form part thereof.
(e) Notwithstanding the foregoing provisions of this clause, the l[Provincial
Government] may, if it thinks fit, accept the examination and audit of an auditor
appointed by the licensee.
III. Separate accounts.–The licensee shall, unless the l[Provincial Government] otherwise
directs, at all times keep the accounts of the capital employed for the purposes of the undertaking
distinct from the accounts kept by him of any other undertaking or business.
Compulsory works and supply
IV. Execution of work after commencement of license.–The licensee shall, within a period
of three years after the commencement of the license, execute to the satisfaction of the 1[Provincial
Government] all such works as may be specified in the license in this behalf or, if not so specified, as
the 1[Provincial Government] may, by order in writing issued within six months of the date of the
commencement of the license, direct.
V. Provisions as to laying down of further distributing mains.–(l) Where, after the
expiration of two years and six months from the commencement of the license, a requisition is made
by six or more owners or occupiers of premises in or upon any street or part of a street within the area
of supply or by the l[Provincial Government] or a local authority charged with the public lighting
thereof, requiring the licensee to provide distributing mains throughout such street or part thereof, the
licensee shall comply within six months with the requisition, unless,___
(a) where it is made by such owners or occupiers as aforesaid, the owners or
occupiers making it do not, within fourteen clear days after the service on them
by the licensee of a notice in writing in this behalf, tender to the licensee a
written contract duly executed and with sufficient security binding themselves
to take, or guaranteeing that there shall be taken, a supply of energy for not less
than two years to such amount as will in the aggregate produce annually, at the
current rates charged by the licensee, a reasonable return to the licensee; or
(b) where it is made by the 1[Provincial Government] or a local authority, the
l
[Provincial Government] or local authority, as the case may be, does not, within
the like period, tender a like contract binding itself to take a supply of energy
for not less than seven years for the public lamps in such street or part thereof.
1
Subs. by A. O.,1937, for “L. G.”. 46
Page 41 of 49
(2) Where any difference or dispute arises between the licensee and such owners or occupiers
as to the sufficiency of the security offered under this clause, or as to the amount of energy to be taken
or guaranteed as aforesaid, the matter shall be referred to the l[Provincial Government], and either
decided by it or, if it so directs, determined by arbitration.
(3) Every requisition under this clause shall be signed by the maker or makers thereof and shall
be served on the licensee.
(4) Every requisition under this clause shall be in a form to be prescribed by rules under the
Electricity Act, 1910; and copies of the form shall be kept at the office of the licensee and supplied
free of charge to any applicant.
VI. Requisition for supply to owners or occupiers in vicinity.–(1) Where 2[after distributing
mains have been laid down under the provisions of clause IV or clause V and the supply of energy
through those mains or any of them has commenced] a requisition is made by the owner or occupier
of any premises situate within 3[the area of supply] requiring the licensee to supply energy for such
premises, the licensee shall, within one month from the making of the requisition 2[or within such
longer period as the Electric Inspector may allow,] supply, and, save in so far as he is prevented from
doing so by cyclones, floods, storms or other occurrences beyond his control, continue to supply,
energy in accordance with the requisition:
Provided, first, that the licensee shall not be bound to comply with any such requisition unless
and until the person making it-
(a) within fourteen days after the service on him by the licensee of a notice in
writing in this behalf, tenders to the licensee a written contract, in a form
approved by the 1[Provincial Government], duly executed and with sufficient
security, binding himself to take a supply of energy for not less than two years
to such amount as with produce, at current rates charged by the licensee, a
reasonable return to the licensee, and
(b) if required by the licensee so to do, pays to the licensee the cost of so much of
any service line as may be laid down or placed for the purposes of the supply
upon the property in respect of which the requisition is made, and of so much
of any service line as it may be necessary for the said purposes to lay down or
place beyond one hundred feet from the licensee’s distributing main although
not on that property:
4
[Provided, secondly, that the licensee shall be entitled to discontinue such supply–
(a) if the owner or occupier of the premises to which the supply is made by the
licensee has not already given security, or if any security already given by him
has become invalid, or there is change of owner or occupier and such owner or
occupier fails to furnish security according to the prevalent rate, as the case may
be, within seven days after the service upon him of notice from the licensee
requiring him so to do, or
1
Subs. by A. O., 1937, for “L. G.” . 47
2
Ins. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 23.
3
Subs. ibid., for “one hundred yards from any distributing main”.
4
Subs. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1919), s. 13, for the proviso. 48
Page 42 of 49
(b) if the owner or occupier of the premises to which the supply is made adopts any appliance,
or uses the energy supplied to him by the licensee for any purpose, or deals with it in any manner, so
as unduly or improperly to interfere with the efficient supply of energy to any other person by the
licensee, or
(c) if the electric wires, fittings, works and apparatus in such premises are not in good order
and condition, and are consequently likely to affect injuriously the use of energy by the licensee, or by
other persona, or
(d) if the owner or occupier makes any alteration of or addition to, any electric wires, fittings,
works or apparatus within such premises as aforesaid, and does not notify the same to the licensee
before the same are connected to the source of supply, with a view to their being examined, tested,
accounted or charged for, or
(e) if the owner or occupier of the premises to which the supply is made has:–
(i) used it in a manner prejudicial to the safety or sufficient 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, tempered with or counterfeited the licensee’s seal, casing or covering
affixed or placed to protect any meter, maximum demand indicator or other
measuring apparatus referred to in section 26 ;
(iv) altered the index of any such meter, maximum demand indicator or other
measuring apparatus;
(v) prevented any such meter, maximum demand indicator or other measuring
apparatus from duly registering the energy supplied or the electrical quantity
contained in the supply; or
(vi) presented the supply, consumption or use of energy from being duly registered
by any such, meter, maximum demand indicator or other measuring apparatus;
but the licensee shall reconnect the supply with all reasonable speed on the
cessation of the act or default or both, as the ease may be, which entitled him to
discontinue it:]
Provided, thirdly, that the maximum rate per unit of time at which the owner or occupier shall
be entitled to be supplied with energy shall not exceed what is necessary for the maximum consumption
on his premises, and, where the owner or occupier has required a licensee to supply him at a specified
maximum rate, he shall not be entitled to alter that maximum, except after one month’s notice in
writing to the licensee, and the licensee may recover from the owner or occupier any expenses incurred
by him by reason of such alteration in respect of the service lines by which energy is supplied to the
property beyond one hundred feet from the licensee’s distributing main, or in respect of any fittings or
apparatus of the licensee upon that property: and
Page 43 of 49
Provided, fourthly, that, l[if any requisition is made for a supply of energy and] the licensee
can prove, to the satisfaction of an Electric Inspector,____
(a) that 2[the nearest distributing main] is already loaded up to its full current-
carrying capacity, or
(b) that, in case of a larger amount of current being transmitted by it, the loss of
pressure will seriously affect the efficiency of the supply to other consumers in
the vicinity, the licensee may refuse to accede to the requisition for such
reasonable period not exceeding six months, as such, Inspector may think
sufficient for the purpose of amending the distributing main or laying down or
placing a further distributing main.
(2) Any service line laid for the purpose of supply in pursuance of a requisition under sub-
clause (1) shall, notwithstanding that a portion of it may have been paid for by the person making the
requisition, be maintained by the licensee.
3
[(3) 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, on the application of
either party, to an Electric Inspector who, within a maximum period of ninety days from the date of
such application, and after affording the parties an opportunity of being heard, shall decide the matter;
and where the Electric Inspector fails to decide the matter within the said period or where either party
declines to accept the decision of the Electric Inspector, the matter shall be referred to the Provincial
Government whole decision shall be final.]
(4) Every requisition under this clause shall be signed by the maker or makers thereof and shall
be served on the licensee.
(5) Every requisition under this clause shall be in a form to be prescribed by rule under the
Electricity Act, 1910; and copies of the forms shall be kept at the office of the licensee and supplied
free of charge to any applicant.
4
[VII. Further provisions as to laying of service lines.–The licensee shall, before
commencing to lay down or place a service line in any street in which a distributing main has not
already been laid down or placed, serve upon the local authority (if any) and upon the owner or
occupier of all premises abutting on so much of the street as lies between the points of origin and
termination of the service line so to be laid down or placed, twenty-one days’ notice stating that the
licensee intends to lay down or place a service line, and intimating that, if within the said period the
local authority or any five or more of such owners or occupiers require, in accordance with the
provisions of the license, that a supply shall be given for any public lamps or to their premises, as the
case may be, the necessary distributing main will be laid down or placed by the licensee at the same
time as the service line.]
1
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s.23 for “in the event of any requisition being made for a supply of energy from any
distributing main of which”.
2
Subs. ibid., for “it”.
3
Subs. by the Electricity (Amdt.) Ordinance, 1979 (LXII of 1979), s. 13, for sub-clause (3). 50
4
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 24, for the original clause.
Page 44 of 49
VIII. Supply for public lamps.–(1) Where 1[after distributing mains have been laid down
under the provisions of clause IV or clause V and the supply of energy through those mains or any of
them has commenced] a requisition is made by the 2[Provincial Government] or by a local authority
requiring the licensee to supply for a period of not less than seven years energy for any public lamps
within the 3[area of supply], the licensee shall supply, and, save in so far as he is prevented from doing
so by cyclones, floods, storms or other occurrences beyond his control, continue to supply, energy for
such lamps in such quantities as the 2[Provincial Government] or the local authority, as the case may
be, may require.
(2) The provisions of sub-clause (b) of the first proviso, of sub-clauses (c) and (d) of the second
proviso, and of the third and fourth provisos to sub-clause (1) and the provisions of sub-clauses (2)
and (3) of clause VI shall, so far as may be, apply to every case in which a requisition for the supply
of energy is made under this clause as if the 2[Provincial Government] or local authority were an owner
or occupier within the meaning of those provisions.
Supply by bulk-licensees
IX. Special provisions applying to supply by bulk-licensees.–(1) Where, and in so far as, the
licensee (hereinafter in this clause referred to as “the bulk-licensee”) is authorised by his license to
supply energy to other licensees for distribution by them (hereinafter in this clause referred to as
“distributing-licensees”) the following provisions shall apply, namely:___
(a) any distributing-licensees within the bulk-licensee’s area of supply may make a
requisition on the bulk-licensee, requiring him to give a supply of energy and
specifying the point, and the maximum rate per unit of time, at which supply is
required, and the date upon which the supply is to commence, such date being
fixed after the date of receipt of the requisition so as to allow an interval that is
reasonable with regard to the locality and to the length of the electric supply-
line and the amount of the plant required;
(b) such distributing-licensee shall, if required by the bulk-licensee so to do, enter
into a written agreement to receive and pay for a supply of energy for a period
of not less than seven years of such an amount that the payment to be made for
the same at the rate of charge for the time being charged for such supply shall
not be less than such an amount as will produce a reasonable return to the bulk-
licensee on the outlay (excluding expenditure on generating plant then existing
and any electric supply-line then laid down or placed) incurred by him in
making provision for such supply;
(c) the maximum rate per unit of time at which a distributing licensee shall be
entitled to be supplied with energy shall not exceed what is necessary for the
purposes for which the supply is required by him, and need not be increased
except upon a fresh requisition made in accordance with the foregoing
provisions;
1
Ins. ibid., s. 25.
2
Subs. by A. O.,1937, for “L. G.”.
3
Subs. by Act I of 1922,s. 25, for “distance of one hundred yards from any distributing main”. 51
Page 45 of 49
(d) if any difference or dispute arises under this clause, it, shall be determined by
arbitration, and, in the event of such arbitration, the arbitrator shall have regard
to the following amongst other considerations, namely:___
(i) the period for which the distributing-licensee is prepared to bind himself
to take energy; 52
(ii) the amount of energy required and the hours during which the bulk-
licensee is to supply it;
(iii) the capital expenditure incurred or to be incurred by the bulk-licensee in
connection with the aforesaid supply of energy; and
(iv) the extent to which the capital expended or to be expended by the bulk-
licensee in connection with such supply may become unproductive upon
the discontinuance thereof.
(2) Notwithstanding anything in sub-clause (1), the bulk-licensee shall give a supply of energy
to any distributing-licensee within his area of supply applying therefor, even although the distributing-
licensee desires to be supplied with only a portion of the energy required for distribution by him:
Provided that the distributing-licensee shall, if so required by the bulk-licensee, enter into an
agreement to take such energy upon special terms (including a minimum annual sum to be paid to the
bulk-licensee) to be determined, if necessary, by arbitration in the manner laid down in sub-clause (1)
(d).
(3) The maximum price fixed by a license for energy supplied to a distributing-licensee shall
not apply to any partial supply given under sub-clause (2).
(4) Every distributing-licensee, who is supplied with energy by a bulk-licensee and intends to
discontinue to receive such supply, shall give not less than twelve months’ notice in writing of such
intention to the bulk-licensee:
Provided that, where the distributing-licensee has entered into a written agreement with the
bulk-licensee to receive and pay for a supply of energy for a certain period, such notice shall be given
so as not to expire before the end of that period.
Charges
X. Method of Charging. 1[* * * * * * *]
1
The first part of the clause up to and including sub-clause (c) omitted by the Indian E1ectricity (Amdt.) Act, 1922 (I of 1922), s. 26. 53
Page 46 of 49
1
[(1)] 2[* * *] Where the licensee charges by any method 3[approved by the 4[Provincial
Government] in accordance with section 23, sub-section (3), clause (c), of the Electricity Act, 1910,]
any consumer who objects to that method may, by not less than one month’s notice in writing, require
the licensee to charge him, at the licensee’s option, either by the actual amount of energy supplied to
him or by the electrical quantity contained in the supply, and thereafter the licensee shall not, except
with the consent of the consumer, charge him by another method.
1
[(2)] 5[* * *] Before commencing to supply energy through any distributing main, the licensee
shall give notice, by public advertisement, of the method by which he proposes to charge for energy
so supplied; and, where the licensee has given such notice, he shall not be entitled to change that
method of charging without giving not less than one month’s notice in writing of such change to the
4
[Provincial Government], to the local authority (if any) concerned, and to every consumer of energy
who is supplied by him from such distributing main.
1
[(3)] 6[* * *] If the consumer is provided with a meter in pursuance of the provisions of section
26, sub-section (1), of the Electricity Act, 1910, and the licensee changes the method of charging for
the energy supplied by him from the distributing main, the licensee shall bear the expense of providing
a new meter, or such other apparatus as may be necessary by reason of the new method of charging.
XI. Maximum charges.–Save as provided by clause IX, sub-clause (3), the prices charged by
the licensee for energy supplied by him shall not exceed the maxima fixed by his license, or, in the
case of a method of charge approved by the 4[Provincial Government], such maxima as the 4[Provincial
Government] shall fix on approving the method:
Provided, that, if, at any time after the expiration of seven years from the commencement of
the license, the 4[Provincial Government] considers 7[* * *] that the maxima so fixed or approved as
aforesaid should be altered, it 8[shall refer the matter to an Advisory Board, and, if the Board
recommends any alteration, may make an order in accordance with such recommendation], which shall
have effect from such date as may be mentioned therein:
Provided, also, that, where an order in pursuance of the foregoing proviso has been made, no
further order altering the maxima fixed thereby shall be made until the expiration of another period of
five years.
9
[XIA. Minimum charges.–A licensee may charge a consumer a minimum charge for energy
of such amount and determined in such manner as may be specified by his license; and such minimum
charge shall be payable notwithstanding that no energy has been used by the consumer during the
period for which such minimum charge is made.]
1
The first, second and third provisos were re-numbered as sub-clauses (1), (2) and (3), respectively, by the Indian Electricity (Amdt.) Act, 1922 (I of
1922), s. 26.
2
The words “Provided, first, that” omitted, ibid.
3
Subs. ibid., for “so approved by the L. G.”.
4
Subs. by A. O., 1937, for “L. G.”.
5
The words “Provided, secondly, that” omitted by Act I of 1922, s. 26”.
6
The words “Provided, thirdly, that” omitted, ibid. 54
7
The words “or is satisfied” omitted by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 27.
8
Subs. ibid., for “may, after such inquiry (if any) as it thinks fit, make an order accordingly”.
9
This clause was ins., ibid., s. 28. 55
Page 47 of 49
XII. Charge for supply for public lamps.–The price to be charged by the licensee and to be
paid to him for energy supplied for the public lamps, and the mode in which those charges are to be
ascertained, shall be settled by agreement between the licensee and the l[Provincial Government] or
the local authority, as the case may be, and, where any difference or dispute arises, the matter shall be
determined by arbitration.
Testing and Inspection
XIII. Licensee to establish testing stations and keep instruments for testing.–The licensee
shall establish at his own cost and keep in proper condition such number of testing stations, situated at
such places within reasonable distance from any distributing main, as the l[Provincial Government]
may direct for the purpose of testing the pressure or periodicity of the supply of energy in the
distributing main, and shall supply and keep in proper condition thereat, and on all premises from
which he supplies energy such instruments for testing as an Electric Inspector may approve, and shall
supply energy to each testing station for the purpose of testing.
XIV. Facilities for testing.–The licensee shall afford all facilities for inspection and testing of
his works and for the reading, testing and inspection of his instruments, and may, on each occasion of
the testing of his works or the reading, testing or inspection of any instruments, be represented by an
agent, who may be present, but shall not interfere with the reading, testing or inspection.
XV. Testing of works.–On the occasion of the testing of any works of the licensee by an
Electric Inspector reasonable notice thereof shall be given to the licensee; and the testing shall be
carried out at such suitable hours as, in the opinion of the Electric Inspector, will least interfere with
the supply of energy by the licensee, and in such manner as the Electric Inspector may think fit ; but,
except under the provisions of an order made in each case in that behalf by the l[Provincial
Government], the Electric Inspector shall not be entitled to have access to, or interfere with, the works
of the licensee at any points other than those at which the licensee him-self has access to the same:
Provided that the licensee shall not be held responsible for any interruption or irregularity in
the supply of energy which may be occasioned by, or required by the Electric Inspector for the purpose
of, any such testing as aforesaid:
Provided, also, that the testing shall not be made in regard to any particular portion of the works
oftener than once in any three months, unless in pursuance of an order made in each case in that behalf
by the l[Provincial Government].
Plans
XVI. Plan of area of supply to be made and kept open for inspection.–(l) The licensee shall,
after commencing to supply energy, forthwith cause a plan to be made of the area of supply, and shall
cause to be marked thereon the alignment 2[and, in the case of underground works, the approximate
depth] below the surface or all his then existing electric supply-lines. streetdis tributing boxes and
other works, and shall once in every year cause that plan to be duly corrected so as to show the electric
supply-lines, street-distributing boxes and other works for the time being in position. The licensee shall
also, if so required by an Electric Inspector, cause to be made sections showing the approximate level
of all his existing underground works other then service lines.
1
Subs. by A. O., 1937, for “L. G.”.
2
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 29, for “and the approximate height above or depth”. 56
Page 48 of 49
1
[(2) Every such plan shall he drawn to such scale as the 2[Provincial Government] may
require: provided that no scale shall be required unless maps of the locality on that scale are for the
time being available to the public.
(3) Every such section shall be drawn to horizontal and vertical scales which shall be such as
the 2[Provincial Government] may require.]
(4) Every plan and section so made or corrected, or a copy thereof, marked with the date when
it was so made or corrected, shall be kept by the licensee at his principal office or place of business
within the area of supply, and shall at all reasonable times be open to the inspection of all applicants,
and copies thereof shall be supplied on such terms and conditions as may be prescribed by rules under
the Electricity Act, 1910.
(5) The licensee shall, if required by an Electric Inspector and, where the licensee is not a local
authority, by the local authority (if any) concerned, supply free of charge to such Electric Inspector or
local authority a copy of every such plan or section duly corrected so as to agree with the original kept
at the principal office or place of business of the licensee.
Additional notice of certain works
XVII. Notice to Electric Inspector.–On the day next preceding the commencement of any
such works as are referred to in section 13 of the Electricity Act, 1910, the licensee shall, in addition
to any other notices which he may be required to give, serve upon the Electric Inspector, or such officer
as the 2[Provincial Government] may appoint in this behalf for the area of supply, a notice in writing
stating that he is about to commence the works, and ,the nature and position of the same.
Date:-22.04.2024
1
Subs. by the Indian Electricity (Amdt.) Act, 1922 (I of 1922), s. 29. for the original sub-clauses (2) and (3).
2
Subs. by A. O., 1937, for “L.G.”.
Page 49 of 49
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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